HomeMy WebLinkAbout2004.05.24 RESO 2004-0037RESOLUTION 2004-37
APPROVING A PUD GENERAL PLAN FOR EMMERICH DEVELOPMENT
CORPORATION FOR "DIAMOND POINT WEST 28d ADDITION" AND
"DIAMOND POINT WEST 3'd ADDITION" ON PROPERTY LOCATED WEST
OF GOODVIEW AVENUE AND SOUTH OF 145TH STREET
WHEREAS, Emmerich Development Corporation has requested approval of a PUD
general plan to allow construction of 46 homes on property legally described as follows:
Outlots A, B and D, Diamond Point West, according to the recorded plat thereof,
Washington County, Minnesota.
ONE
Government Lot 1, Section 29, Township 31 North, Range 21 West 100 feet and
except the south 600 feet thereof, according to the United States Government
Survey thereof, Washington County, Minnesota.
WHEREAS, the Planning Commission has reviewed the PUD general plan 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 Emmerich Development Corporation for a PUD general plan, subject to the
following conditions:
1. A preliminary plat is approved to add 19 acres to the Diamond Point West PUD and
allow the creation of 39 single family lots in Diamond Point West To Addition and 7
single family lots in Diamond Point West 3'd, in accordance with the plans and
application received by the City on March 4, 2004 and revisions received on April 5,
2004, except as amended by this resolution.
2. Approval is contingent upon City Council approval of the requested rezoning and
preliminary plats.
3. The PUD amendment is approved based on the finding that the proposed project is
consistent with the approved Diamond Point PUD general plan.
4. Development standards for the PUD shall be as indicated on the approved Diamond
Point PUD (Res. 2003-35).
5. Tree protection fencing shall be shown on the plans and provided on the plans to
protect the trees noted to be saved.
Resolution 2004-37
Page 2
6. The developer shall provide impervious surface calculations for each lot and the
overall project.
7. PUD flexibility is approved for development within the shoreland overlay district,
based on the following findings:
a. Staff finds that the proposed development is exempt from the DNR PUD
standards which would require 50 percent open space, based on the finding that
the DNR rules apply to developments in which a Conditional Use Permit is
required for the PUD. The City would not require a conditional use permit for
this development. Therefore, the City will review the application according the
shoreland regulations adopted as part of the Hugo Zoning Ordinance.
b. The City has an adopted stormwater management program that reduces the need
for the larger lots and increased setbacks, which are intended to reduce runoff into
the lakes. The stormwater management program adequately addresses this issue.
c. The applicant is proposing to provide permanent open space within the
development that will be maintained by the HOA. This will help to preserve the
natural features of the site and will increase the pervious areas on site.
d. The applicant has indication that restrictive covenants will be part of the
Association documents and these covenants will prohibit the placement of docks
or any disturbance below the delineated wetland line of the lake.
e. The permanent open space would mitigate any effects of the flexibility requested
by the applicant.
f. The total impervious surface within the development will be less than 25 percent.
g. The developer will implement BMPs (Best Management Practices) to ensure
adequate protection of the lake during construction.
h. The master plan for this development would comply with the purpose and intent
of the shoreland requirements, which is to preserve the quality of the adjacent
lakes.
8. The developer shall be responsible for all the construction of the proposed ditch
alignment from Egg Lake to Goodview Avenue and construction of the culvertloutlet
structures located under Geneva Avenue and Goodview Avenue.
9. The developer shall work with the City to finalize plans to upgrade Goodview
Avenue to a rural -section roadw7 meeting City standards from Oneka Lake
Boulevard (County Road 8A) to 145 Street on the current alignment.
..
Resolution 2004-37
Page 3
10. The City will design the roadway design and facilitate wetland permitting, in
partnership with the Developer's Engineer and Soils Engineer. The design would be
completed during the summer of 2004, in time for a Fall/Winter construction startup
to allow for optimum conditions for removing the peat soils from within the roadway.
The Developer will establish an escrow account with the City to cover all City costs
related to the design and wetland permitting for the project.
11. The Developer will construct a watermain within Goodview Avenue as recommended
by the City Engineer after an evaluation of the existing and future water service
needs. This will be determined as part of the final design of the project.
12. The Developer will construct sanitary sewer within Goodview Avenue to allow for
future service to adjacent, developable property. The design will be completed as
part of the final design for the project.
13. The Developer and their contractor will complete all street and utility construction
privately. All costs associated with the construction of the roadway and utilities will
be borne by the Developer, with the exception of utility oversizing.
14. The utility and roadway construction will be completed during the winter and spring
of 2005. The roadway will remain a gravel -surfaced roadway until at least the fall of
2005, but paving could potentially be delayed until 2006 to allow for a freeze -thaw
cycle.
ADOPTED by the City Council this 20 day of May 2004.
ATTEST:
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Mary15�treager, City Cler