HomeMy WebLinkAbout2003.06.16 RESO 2003-0032RESOLUTION 2003-32
APPROVING FINDINGS OF FACT FOR REZONING FOR EMMERICH
DEVELOPMENT CORPORATION FOR "DIAMOND POINT EAST" AND
"DIAMOND POINT WEST" ON PROPERTY LOCATED ON BOTH SIDES OF
GOODVIEW AVENUE AND SOUTH OF 145 STREET
WHEREAS, Emmerich Development Corporation has requested reclassification of the
zoning from Single Family Detached Residential (R-3) and Future Urban Reserve to
PUD (planned unit development) for a 239 -acre parcel, legally described as follows:
And
The south half of the south half of the southeast quarter of the northwest quarter
of Section 21, Township 31, Range 21 together with an easement over the north
33 feet of the east 1940 feet of the southwest quarter of Section 21, Township 31;
Range 21 for purposes of ingress and egress.
O
The southwest quarter of Section 21, Township 31, Range 21.
Government Lot 1, Section 20, Township 31, Range 21.
►II
Government Lot 2, Section 20, Township 31, Range 21, except the following 5
parcels:
1. That part platted as Rice Lake Meadows.
2. That part platted as Rice Lake Meadows 2"d Addition.
3. That part platted as Rice Lake Meadows 3`d Addition.
4. That part platted as Rice Lake Meadows 0 Addition.
5. All that part of Government Lot 2, Section 20, Township 31, Range 21,
Washington County, Minnesota, lying west of the east 1321 feet and lying
southerly of the following described line:
Commencing at the point of intersection of the north line of said Government Lot
2 with the west line of the east 1321 feet of said Government Lot 2; thence
southerly along said west line of the east 1321 feet, 303 feet to the point of
beginning of the line to be described; thence northwesterly, angle to the left to 85
degrees 15 minutes a distance of 483.11 feet; thence northwesterly, angle to the
left 170 degrees 12 minutes 52 seconds, a distance of 450 feet, more or less to the
shore of Egg Lake and there terminating.
Resolution 2003-32
Page 2
WHEREAS, the Planning Commission has reviewed the request at a duly called Public
Hearing and recommends approval, and;
WHEREAS, the City Council has adopted an ordinance rezoning the affected parcel from
R-3 and Future Urban Reserve to PUD;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF HUGO, MINNESOTA, that it should and hereby does support the request
by Emmerich Development Corporation for the reclassification of the zoning from R-3
and Future Urban Reserve to PUD for the 239 -acre property, based on the following
findings:
1. The proposed rezoning is consistent with the Comprehensive Plan and other City
policies and plans. The development would allow single-family detached homes at a
net density of 2.77 units per acre, which is consistent with the Comprehensive Plan
and Zoning Ordinance requirements. No density bonuses are requested.
2. The proposed development meets the intent of the PUD zoning district by providing
smaller lots served by sanitary sewer. The sanitary sewer would reduce potential
negative impacts on the nearby Egg Lake and Rice Lake that could be caused by
failing septic systems. The rezoning to PUD would allow development of Diamond
Point East with lots served by sanitary sewer rather than individual septic systems.
3. The PUD will allow a more creative and efficient approach to land use within the
City, while at the same time protecting and promoting the health, safety, comfort,
aesthetics, economic viability and general welfare of the City. The PUD allows the
developer to provide smaller lots in exchange for preserving open space and natural
features within the development. The homes would be set back from the adjacent
lakes and the required treatment ponds would protect the quality of the lakes.
Additionally, the developer has agreed to help the City reconstruct Goodview
Avenue.
4. The proposed development meets the intent of the PUD zoning district by creating an
integrated neighborhood, lifecycle housing opportunities, preservation of natural
resources and provision for sanitary sewer and storm water management that would
not otherwise be possible through a strict interpretation of the Zoning Ordinance. The
developer has preserved trees around the perimeter of the site and has developed a
plan that places the larger lots around the perimeter of the site, nearest to the lakes
and wetlands.
5. The proposed density would be consistent with the PUD standards. The development
would provide an appropriate transition to the adjacent existing single family homes
and the nearby DNR land.
Resolution 2003-32
Page 3
6. The development would provide a higher level of design in the PUD by providing
decorative street lighting, a public park within the development, tree preservation, and
a landscaped median in the 145`h Street extension that would be maintained by the
HOA. Additionally, the developer would assist the City with the reconstruction of
Goodview Avenue.
7. The developer would reconstruct Goodview Avenue to bring it up to City standards.
This will increase the efficiency of the public street system.
8. There is adequate infrastructure to support the proposed rezoning and development.
The developer will extend sanitary sewer and municipal water to serve the site.
ADOPTED by the City Council this 16'h day of June 2003.
n, Mayor
ATTEST:
Maryn reager, City ClerK/