HomeMy WebLinkAbout2006.08.07 RESO 2006-0042ft
CITY OF HUGO
RESOLUTION 200642
APPROVING CONDITIONAL USE PERMIT FOR STONEY RIVER DEVELOPMENT FOR
"ENCHANTED WATERS" ON PROPERTY LOCATED SOUTH AND NORTH OF 132ND
STREET GENERALLY EAST OF GOODVIEW AVENUE
WHEREAS, Stoney River Development has requested approval of a conditional use permit to
allow construction of 12 homes and four outlots on the 39.86 -acre property legally described as
follows:
That part of the East Half of the Southwest Quarter of Section 28, Township 31, Range
21, Washington County, Minnesota, lying west of the east 43 rods (709.50 feet) and lying
north of the centerline of the Stillwater and Centerville Road, known as 132' Street
North, EXCEPT that part thereof described as follows:
Commencing at the point on said centerline distant 400.00 feet west of the east line of
said Southeast Quarter as measured along said centerline; thence northerly and parallel
with said centerline 485.00 feet; thence southerly parallel with said east line 450 feet
more or less to said centerline; to the point of beginning.
AND
That part of the Southeast Quarter of the Southeast Quarter of Section 28, Township 31,
Range 21, Washington County, Minnesota, lying west of the east 475.00 feet thereof and
lying southerly of the centerline of 132nd Street North. Subject to 132' Street North
along the north line, and any other valid restrictions and reservations.
WHEREAS, the Planning Commission has reviewed the conditional use permit at a duly called
Public Hearing and recommends approval, and;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HUGO, MINNESOTA, that it should and hereby does approve the request by Stoney River
Development for a conditional use permit, subject to the following conditions:
1. A conditional use permit is approved for a Rural Preservation Plat (RPP) in the rural
residential zoning district, in accordance with the plans and application received by the City
on January 13, 2006 and April 04, 2006, except as amended by this resolution.
2. Approval of the conditional use permit is contingent upon City Council approval of the
preliminary plat.
3. The applicant shall comply with all conditions of preliminary plat approval.
Resolution 2006-4.t
Page 2
4. Density bonuses are granted to allow a 50% density bonus for a total of 12 lots, based in the
finding that the following density bonus criteria have been met:
a. 10% base density bonus for the elimination of a legal non -conforming use.
b. 10% base density bonus for preserving environmentally significant open space.
c. 10% base density bonus for providing an open spacelcentral gathering area and
landscaping theme.
d. 10% base density bonus for providing access by the general public to trails,
parks, or other recreational facilities.
e. 10% base density bonus for creating an endowment to a land trust.
5. The development shall comply with the R -R district standards, except as otherwise noted as
allowed in the RPP.
6. The conditional use permit is approved based on the finding that the use complies with all
applicable conditional use permit standards and the objectives of the rural preservation plats
as outlined in the City's zoning ordinance. Specifically, the development will:
a. Permanently preserve open space,
b. Preserve natural habitat and vegetated corridors for the movement of wildlife,
c. Preserve viewsheds for scenic enjoyment and rural identity,
d. Provide for site development that maintains low visual impact, particularly along
arterial roadways and abutting properties,
e. Create cohesive neighborhoods that establish local identity and community
interaction,
f. Physically integrate neighborhoods and open spaces, in order to maintain Hugo's
identity and facility community interaction,
g. Reduce the costs of construction and maintenance of public facilities,
infrastructure and services.
7. The open space shall be preserved in perpetuity. A conservation easement over the
permanent open space is required to be submitted for review and approval by the City
Attorney. The conservation easement shall be in favor of the City and a land trust.
ADOPTED by the City Council this 7s' day of August 2006.
ATTEST:
Mary Creager, City Cler