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HomeMy WebLinkAbout2001.07.17 RESO 2001-0038CITY OF HUGO RESOLUTION 2001- 38 APPROVING CONDITIONAL USE PERMIT FOR WAGNER PARTNERS LIMITED PARTNERSHIP FOR WHOLESALE GREENHOUSES ON PROPERTY LOCATED AT 4860 FRENCHMAN ROAD WHEREAS, Wagner Partners has requested approval of a conditional use permit for wholesale greenhouses on property legally described as follows: SEE EXHIBIT A (ATTACHED) WHEREAS, the Planning Commission has reviewed said conditional use permit at a duly called public hearing and recommends approval of the conditional use permit, 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 conditional use permit for Wagner Partners on property located at 4860 Frenchman Road. The conditional use permit shall be subject to the following conditions: 1. A conditional use permit is approved for wholesale greenhouses as indicated on the application and site plan received by the City on June 1, 2001, except as amended by this resolution. 2. The conditional use permit allows the construction of the greenhouses shown as phases one, two, and three, which amounts to approximately 5.1 acres of greenhouse space. 3. The first three (3) phases must be completed prior to December 31, 2001. If all three (3) phases are not completed prior thereto, then a separate Conditional Use Permit must be applied for and approved prior to commencing or continuing construction on any phase not completed prior to December 31, 2004. Provided, however, that a failure of the Permit holder to complete construction prior to the December 31, 2004 deadline shall not operate as or be construed as a violation of any condition of this Permit relating to any previously completed phase, and any such previously completed phase shall be permitted to continue subject to all other conditions of this Permit. 4. A separate Conditional Use Permit application must be applied for and approved prior to constructing the greenhouses identified as phases 4 and 5. 5. On site storage and use of pesticides and fertilizers shall meet the standards of the Minnesota Department of Agriculture. A chemical storage plan shall be provided to the City prior to construction the greenhouse buildings. The storage plan shall indicate the location, type, amount, and storage method of pesticides, chemicals, and fertilizers kept on the site. 6. The applicant shall submit a landscaping plan for review and approval by the Planning Commission prior to constructing the buildings. The landscape plan shall be designed to provide visual relief from the large greenhouse structures as viewed from the adjacent residential property and Frenchman Road. Resolution 2001- 38 Page 2 be designed to provide visual relief from the large greenhouse structures as viewed from the adjacent residential property and Frenchman Road. 7. The applicant shall obtain all necessary state and local permits, and said permits are not abrogated by the issuance of the conditional use permit. 8. The conditional use permit is approved based on the finding that the greenhouse buildings comply with the standards provided in Section 8.8 c. of the Comprehensive Land Use Regulations. More specifically, the City Council finds the following: a) The proposed use is permissible by law. Wholesale greenhouses are allowed in General Business zoning district subject to the approval of a conditional use permit. b) The proposed use is keeping with the spirit and intent of the ordinance. The proposed wholesale greenhouses are consistent with the commercial zoning of the property. c) The proposed use is compatible with the City's Comprehensive Plan, and the character of the surrounding area. The conditional use permit is compatible with the City's Comprehensive Plan and the general character of the surrounding area. d) The proposed use has adequate drainage, water supply, electrical, gas, and sewage treatment facilities. The site has adequate utilities to serve the greenhouse buildings. e) The proposed use has adequate road access. The subject property has relatively direct access to CSAH 8 via Everton Avenue. While Everton Avenue is a gravel road, the wholesale greenhouses proposed for the first three phases of the development would not generate a significant amount of traffic as compared to other potential commercial uses of the property. If the applicant wishes to construct the remaining phases of the project, the City would need to further examine the amount of traffic with regard to its impact on Everton Avenue. f) Technical Evaluation of Floodplain. The applicant is proposing to impact a portion of the floodplain located on the property. The Rice Creek Watershed District and the City's Water Resources Engineer has reviewed the mitigation plan is recommending approval. g) The proposed use should not increase the potential for flood damage. The floodplain located on the property currently contains 103 acre-feet of flood storage. The proposed floodplain mitigation plan would include 127 acre-feet of storage. As a result, the proposed floodplain impacts would not increase the potential of flooding in the area. Resolution 2001- 38 Page 3 h) The proposed use will not damage or reduce the benefits the public receives from public waters. The proposed use would not damage or reduce the benefits from any public waters. i) The use of watercraft on public waters. The proposed greenhouse buildings would not involve the use of watercraft. j) All structures shall be screened from view of public waters. The proposed greenhouses would not be visible from public waters. k) Wetland impacts. The proposed improvements would impact 2.8 acres of wetland. The applicant is proposing to mitigate the wetland impacts on site by creating 2.9 acres of additional wetlands. Further, the applicant would create wetland buffers and storm water ponds, which would provide an additional 2.85 acres of Public Value Credits. Rice Creek Watershed District has reviewed the wetland mitigation plan and is recommending approval. 1) All state and local permits shall be acquired for the conditional use. The applicant will be responsible for obtaining all state and local permits. M) Adequate screening and buffering from non -compatible uses and public rights-of-way. The applicant is required to submit a landscaping plan to insure that the proposed use provides adequate screening from adjacent uses. ADOPTED by the City Council this 17th day of July2001. STATE OF MINNESOTA) COUNTY OF WASHINGTON) SS The undersigned, being the duly qualified and appointed City Clerk of the City of Hugo, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Hugo City Council on July 17, 2001, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand o ially as such City Clerk and the Corporate Seal of the City this 30 day of 112001. 61 City Clerk r That part of Parcels 1 and 2 described below lying westerly of the East Line of the West half of the Northeast Quarter of Section 19, Township 31, Range 21, Washington County, Minnesota. ' 11 All that part of the Northeast Quarter of Section 19, Township 31, Range 21, Washington County, Minnesota, bounded as follows, viz: Beginning at the Northwest comer of the South Half of said Northeast Quarter of said Section 19 running thence East along the North line of the South Half of said Northeast Quarter of said Section, 1320 feet to the Northeast comer of the Southwest Quarter of the Northeast Quarter of said Section 19; naming thence North 18 feet to a point; running thence -North 8807' East, 592 feet to a point in the center line of Branch No. 3 of Judicial Ditch No. 3, Washington and Anoka Counties, Minnesota, as laid out and opened through and across said Section; running thence South 470 West along the center line of said Branch of said Ditch, 839.6 feet; running thence South 21040' West along said center line of said Branch of said Ditch, 314.2 feet to the center line of the Hugo and Centerville Road, so-called; thence running North 80048' West along said center line of said road, 699.5 feet to a point; naming thence North 7504T West along said center line of said road, 491 feet to a point in the West line of the Northeast Quarter of said Section 19; running thence North along said West line of the Northeast Quarter of said Section 19, 598.4 feet to the point of beginning. Parcel 2 All that part of the Northeast Quarter of Section 19, Township 31, Range 21 West, Washington County, Minnesota, described as follows: Beginning at a point located by naming from the quarter section comer between Sections 19 and 20, Township and Range aforesaid, North on the Section line, 326 feet; thence West at right angles 300 feet to the point of beginning; thence North 8055' East, 900 -feet; thence North 73047' West, 600 feet to the middle line of Branch No. 3 of Judicial Ditch No. 3, Washington and Anoka Counties, Minnesota, as laid out and established on said tract; thence along the middle line of said Branch No. 3 as follows, to -wit: South 50020' West, 700 feet; thence South 45° West, 100 feet; thence South 27° West, 324 feet to the northern boundary line of the Hugo and Centerville Road, so-called, as the same is now traveled and laid out over said Section; thence South 790 East on said northern boundary line, 1216.5 feet to the place of beginning, excepting therefrom, however, M All that part of the South Half of the Northeast Quarter of Section 19, M Township 31, Range 21, described as follows: Beginning at a point located by running fi+om the quarter section comer between Sections 19 2 and 20, Township and Range aforesaid, North on the Section line, 326 n feet; thence West at right angles 300 feet to the point of beginning of the ca property to be described; thence North 8055' East 250 feet; thence North rR 81°5' West, a distance of 60 feet; thence South 8055' West, a distance of 5 250 feet to the Hugo and Centerville Road, so-called; thence •East along zz o C, V the North line of said Hugo and Centerville Road, so-called, a distance of 60 feet, more or less, to the point of beginning. All according to the U.S. Government Survey thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. The South Half of the Northwest Quarter of the Northeast Quarter of Section 19, Township 31, Range 21, Washington County, Minnesota, excepting therefrom the following part thereof, viz: Beginning at a point in the West line of the Northwest Quarter of the Northeast Quarter of Section 19, 700 feet South from the Northwest corner thereof, thence nursing East 208 feet to a point; thence running South 208 feet to a point; thence running West 208 feet to the West line of said tract, and thence North 208 feet along the said West line of said tract, to the place of beginning. ENTERED IN TRANSFER RECORD WASHINGTON COUNTY, MINNESOTA ..1uada.L Z '40"'1GINIA R. ERDA L, AUDITOR -TREASURER R /_ REM�—;,