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HomeMy WebLinkAbout2006.06.05 RESO 2006-0030RESOLUTION 2006-30 APPROVING FINAL PLAT AND DEVELOPMENT AGREEMENT FOR TJ LAND TRUST V FOR "WILDERNESS VIEW SECOND ADDITION" ON PROPERTY LOCATED SOUTH OF 130TH STREET AND WEST OF GOODVIEW AVENUE WHEREAS, TJ Land Trust V has requested approval of a Final Plat for "Wilderness View Second Addition" to allow the construction of 59 homes and one oudot on the 98.75 -acre property legally described as follows: The west half of the northeast quarter of Section 32, Township 31, Range 21 Washington County, Minnesota according to the United States Government survey thereof, except that part platted as Wilderness View according to the recorded plat thereof, D The north half of the southeast quarter of the northeast quarter of said Section 32; O The west half of the west half of the south half of said southeast quarter of the northeast quarter of Section 32. WHEREAS, the City has prepared a development agreement covering the improvements related to said plat; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the final plat for TJ Land Trust V for Wilderness View Second Addition; and FURTHER, that the development agreement for said final plat be approved, and that the Mayor and City Administrator be authorized to execute the development agreement on behalf of the City; subject to the following conditions: 1. A final plat is approved to allow the construction of 59 single-family units, in accordance with the approved preliminary plat February 16, 2006 and the plans received by the City on April 7 and May 17, 2006 except as amended by this resolution. 2. The Final Plat shall be subject to the Preliminary Plat approval granted by the City Council on March 20, 2006 and as may be amended. (Resolution # 2006-14). 3. The applicant shall comply with all conditions in the City Engineer's letters dated February 28, 2006 and May 30, 2006. Resolution 2006-30 Page 2 4. Approval of the Final Plat is contingent upon the TEP approval of the wetland mitigation plan. 5. All structures (except those accessory to the telecommunications tower) shall be located a minimum of 165 feet from the existing telecommunications tower. 6. The developer shall comply with the City standards for street lighting within the public right-of-way. 7. Exterior lighting shall be consistent throughout the development. All lighting shall be shielded to prevent glare and light trespass, as required by Section 1195- 410 of the ordinance. 8. The development shall comply with the Fire Chief s requirements regarding fire flow calculations, the location of fire hydrants, fire department connections, and fire lane signage. 9. The right-of-way and street width for all roads shall be as shown on the plans. 10. The plat shall comply with the City's street naming system, except as otherwise approved by the City Council. 11. A minimum of two parking stalls shall be provided for each lot. 12. The minimum floor elevation shall comply with Section 1175-060.1 of the Hugo Zoning Ordinance. 13. FURTHER, that the following conditions shall be met prior to release of the final plat for filing: a) Park dedication shall be cash in lieu of land dedication and shall be required for the new lots created by this plat, subject to the park dedication fees in place at the time of filing. b) Park dedication for Outlot A shall be cash in lieu of land dedication, subject to the park dedication fees in place at the time of filing, and shall be due when the Final Plat is approved for that parcel, prior to its release for filing. c) The plans shall be revised to plat Lot 1, Block 1 as Outlot A. d) Future development on Outlot A shall be subject to the architectural standards for Wilderness View 2"d Addition, received by the City on April 14, 2006. e) The ownership, maintenance and use of Outlot A shall be subject to the following: Outlot A is approved for future development of only one home site. No other approvals are granted or implied. Resolution 2006-30 Page 3 ii. No accessory buildings, except one accessory equipment building (not to exceed 400 square feet) for the existing tower, shall be allowed on Outlot A until the parcel is platted and a principal structure (home) is constructed. iii. No outside storage of any kind (including the stock piling of materials, storage of equipment, etc.) shall be permitted. iv. The operation of Agricultural uses on Outlot A shall be restricted to field crops. No animal operations shall be allowed. v. No grading shall be allowed in Oudot A without approval of City permits. vi. Prior to construction of the home on Outlot A, the applicant shall submit a final plat for one lot for review and approval by the City. vii. If the landowner chooses to plat Oudot A for development, the new driveway access within the public right-of-way as shown will be adequate for access. viii. If the landowner plats Outlot A as a single lot in the future, the public right-of-way will not be needed for access and should be vacated. ix. If the landowner submits a preliminary and final plat to create more than one lot on Outlot A, the City will review the proposed plat for compliance with the City ordinance standards in place at the time of platting. A. If more than one lot is proposed to be platted, the City will require construction of a public street within the dedicated right-of-way at the developer's expense. B. Approval of public street construction would be subject to review and approval by the permitting agencies of the additional wetland and floodplain fill required for construction of this public street. f) The plans shall be revised to change the 5 -foot sidewalk to a trail. The trail design shall be subject to review and approval by City staff. g) A 20 -foot trail easement is required over any portion of the 10 -foot bituminous trail to be constructed outside of the right-of-way, across Outlot A. h) The development agreement shall be executed by the developer and the City. i) The applicant shall pay their portion of the Beaver Ponds lift station costs. Resolution 2006-30 Page 4 j) The applicant shall vacate the existing easement for the telecommunications tower and provide a new easement over the existing tower as shown on the plans. The easements shall be filed at Washington County and copies shall be provided to the City of Hugo. k) The applicant shall obtain an encroachment permit from Koch Pipeline for any work within the pipeline easement. 1) Signage is proposed within the pipeline easement to identify the location of pipeline. These sign details and locations shall be submitted for review and approval by Koch Pipeline and the City of Hugo. m) The applicant shall prepare easement/covenant language that will be attached to the deeds for those lots that encroach onto the pipeline easement. n) The applicant shall prepare easement/covenant language that will be attached to the deeds for those lots that are within the 165 -foot tower setback (Lots 1-5, Block 1). This language shall be submitted to the City for review and approval by the City Attorney. o) The applicant shall obtain approval of the land development plan by the City of Hugo, including the proposed floodplain and wetland impacts and mitigation. 15. FURTHER, that the following conditions be met prior to issuance of building permits: a) All signage shall comply with ordinance standards. Sign details must be submitted for review and approval by the Building Official. b) The developer shall prepare lot surveys for each lot to show the location of the pipeline easement, identify deed restrictions for affected properties and ensure that each of the potential owners or builders (or both) has the survey. c) The existing shed on Outlot A shall be removed prior to issuance of any building permits in Wilderness View 2nd Addition. d) The existing field road shall be removed and a new access to Outlot A shall be provided adjacent to the trail. e) The applicant shall record the final plat, developer's agreement, trail easement and all other documentation at Washington County and provide the City with proof of recording. Resolution 2006-30 Page 5 16. FURTHER, that the following conditions shall be met prior to the release of financial guarantees: a) The applicant shall finalize the trail location and obtain all required permits for construction of the trail. The applicant shall be required to construct and pay for the trail within the existing trail easement in Wilderness View and through this development as part of this plat. b) Property owners and prospective purchasers are hereby notified that lots in this subdivision are proximate to a gun range at which firearms are discharged. ADOPTED by the City Council this 5d' day of June 2006. 6MAA� Fran on, Mayor ATTEST: Mary reager, City Clerk