05-0078R


RESOLUTION GRANTING A SPECIAL USE PERMIT TO DAVID BELL OF FREEDOM AND CONSULTING, INC., FOR A LOW-DENSITY PLANNED DEVELOPMENT ON PROPERTY LOCATED AT THE SOUTHWEST CORNER OF COMO AVENUE AND HICKORY STREET (DAVID BELL, FREEDOM DEVELOPMENT AND CONSULTING, INC.).

BY COUNCILOR GILBERT:

     WHEREAS, David Bell of Freedom Development and Consulting, Inc., has submitted to the city council, a request for a special use permit for a low-density planned development on property legally described as the southwest quarter of the southwest quarter of the southwest quarter, Section 16, Township 50 North, Range 14 West; and said permit application was duly referred to the city planning commission for a study, report and public hearing and the city planning commission has subsequently reported its recommendation of conditional approval to the city council; and

     WHEREAS, the city council finds that the conditions contained in this resolution address the shortcomings identified by the city planning commission's findings of inadequacies in the submitted documents and that with the conditions contained herein, appropriate safeguards will exist to protect the comprehensive plan and to conserve and protect property values in the neighborhood if said conditions are observed.

     NOW, THEREFORE, BE IT RESOLVED, that a special use permit is hereby granted to David Bell of Freedom Development and Consulting, Inc., to allow the operation of a low-density planned development, consisting of 21 residential units on 10.07 acres of property located at the southwest corner of Como Avenue and Hickory Street, on the condition that the project be developed consistent with the plans entitled Bluff Ridge Estates as submitted by RHA Architects, Inc., and identified as Public Document No. ________ and subject to the following terms and conditions:

     (a)  That prior to the issuance of any construction permits, the following must be approved in writing by the secretary of the planning commission:

           (1)  Submission of delineation of wetlands and information to the department of planning and development for review and recommendation, with the final result being compliance with Chapter 51 of the city code and the Wetland Conservation Act (The applicant has submitted documentation.);

           (2)  Written documentation by a professional engineer that the site meets building code requirements in particular construction on fill materials (This has been submitted.);

           (3)  Written documentation by a professional engineer that the retaining walls and ponds are engineered and constructed so they do not fail (This has been submitted.);

     (b)  That prior to the issuance of any construction permits, the city engineer must approve the following in writing:

           (1)  Stormwater management plan;

           (2)  Street design plans;

     (c)  That the project sign is moved out of the right-of-way and a permit secured from the city;

     (d)  That the extension of Hickory Street will require compliance with city utility and street requirements;

     (e)  That prior to the issuance of any construction permits, the city fire marshal must approve the following in writing:

           (1)  Placement of fire hydrants;

           (2)  Fire line/fire fighting access to all structures;

     (f)  That prior to issuance of any construction permits, stormwater permits must be secured from the Minnesota pollution control agency.


STATEMENT OF PURPOSE:  This resolution, if approved, will impact the tax base by an estimated $64,054.


This resolution grants a special use permit to David Bell and Freedom Development and Consulting, Inc., to allow the operation of a “low-density planned development,” on property located at the southwest corner of Como Avenue and Hickory Street.


The proposal is to build a “low-density planned development,” consisting of 21 residential units on 20.4 acres.


The planning commission recommended unanimous approval of this resolution at its regular meeting on January 11, 2005. The commissioners based the recommendation on the following findings:

     (a)  This is an infill development in an existing residential neighborhood.

     (b)  This will provide additional housing opportunities for current and future residents.

     (c)  This development provides protection for wetlands, streams, and steep slopes.


Date Application Received: October 13, 2004

Action Deadline: February 10, 2005

 

DISCLAIMER