Res 77 - 116A Approving the Preliminary Plat of Valley View Oaks�
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City of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO . 77-116 f�
RESOLUTION APPROVING THE PRELIMINARY
PLAT OF VALLEY VIEW OAKS
WHEREAS, the City of Mendota Heights (hereinafter "City") is charged
with the responsibility, pursuant to Minnesota Statutes, Section 462,
to review, approve, or reject plats of development within the City,
and
WHEREAS, the City has reviewed at length the above proposed preliminary
plat for Valley View Oaks on October 26, 1976, November 23, 1976, and
on January 4, 1977, and
WHEREAS, the City Council previously approved said preliminary plat
on January 4, 1977, and
WHEREAS, said preliminary plat was thereafter submitted to the
Metropolitan Council for review, and
WHEREAS, thereafter the applicant requested a delay in the final
review of the approved preliminary plat by the Metropolitan Council
in order to allow the applicant and the City staff to develop a pro-
posed developer's agreement and ordinance changes to conform to that
portion of the Interim Development Regulations for the Mississippi
River Corridor Critical Area which apply to the area proposed to be
platted,
NOW THEREFORE, BE IT RESOLVED as follo�as, and the City makes the fol-
lowing determinations based on the reports and recommendations of its
staff:
I. DETERI2INATIONS
The proposed preliminary plat of said Valley View Oaks
including the proposed grading plan and structure locations, if
developed in accordance with the policies set forth in the proposed
ordinance changes as set forth in the Engineering and Land Use Analysis
Report dated December 2, 1977, prepared by Suburban Engineering, Inc.
(hereinafter "Report") and in accordance with that Report complies
with and satisfies the following:
l. The plat will conserve and protect the
natural and scenic beauty of the river corridor.
2. The plat will conserve and develop in
an environmentally sound manner the natural re-
sources of the river corridor.
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3. The plat will be compatible w�ith the
different land uses existing in the rive� coa��-
ridor and will be the znost appropriate use o�
the land in this area of the river corrido�.
4. The plat is compatible with the City
zoning ordinance, platting ordinance, and com,
prehensive land use plan.
` 5. The plat is compatible with the stan�
dards and guidelines of the Tnterim Development
Regulations.
6. The proposed grading plan included in
the Report:
a. Minimizes the earth moving,
erosion, and vegetative cutting and
destruction of the natural amenities.
b. Provides for the exposure of
the smallest amount of ground for as
short a period of time as possible.
c. Provides for the necessary
temporary ground cover during grading.
d. Utilizes the necessary tem-
porary ground cover during grading.
e. Uses the least possible addi-
tional fill as is necessary to allow for
the reasonable development of the land.
f. The proposed grading is neces -
sary to allow for the reasonable develop-
ment of the property under the existing
ordinances and comprehensive plan.
g. Provides for permanent ground
cover after grading.
h. Employs methods to prevent
erosion and trap sediment.
, . i. Utilizes �'ill -in a manner
con.s.,istent with acce�ted en�ineerinc�
standards . . . • .� - .
'7. On that portion of the plat which is on
slopes greater than 12o�and within 40 feet of slopes
18% or greater, there will be no clear cutting of
trees of a diameter of greater than 4 inches,
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except to allow for the construction of single-
family residential dwellings, driveways and
access roads, or where removal of the trees is
appropriately spaced and staged so that a con-
tinuous natural cover is maintained.
8. The proposed locations of the structures
and the grading and tree removal incidental there-
to on the plat:
a. Will not invalidate the aesthetic
integrity and natural environment of the
area.
b. Will not pollute the surface or
the ground water.
c. Will not cause unacceptable storm
water runoff problems or erosion problems.
d. Are suitable, given the soil types
and geology of the area.
e. Will be invisible from the normal
high water mark on the opposite side of the
Minnesota River and Mississippi River or
from a point on those rivers.
9. The proposed lot sizes, road grades and lot
grades are compatible with the City zoning and plat-
ting ordinances.
10. The proposed structures will not exceed 35
feet in height.
11. The structures to be located on slopes of
12� or greater also meet the following criteria:
a. The development can be accom-
plished without increasing erosion.
b. The soil types and geology are
suitable for the development.
c. There is a proper vegetation
management plan to control the runoff.
d. The structures can be built in
a sound engineering manner to insure their
stability.
12. There are hundreds of residential homes, com-
mercial and/or industrial buildings in the general area
which have been either developed in an environmentally
sound manner on slopes of 12� and 18� or greater, and/or
can be seen from the Minnesota River.
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II. APPROVAL BY THE CITY
Based upon the above determinations, the City Council
conceptually (but not finally):
l. Approves the attached preliminary plat.
2. Approves the drafting of a developer's agreement
to insure compliance with this Resolution and the Report.
3. Approves the preliminary plat as being compatible
with Interim Development Regulations.
4. Approves the grading plan in the Re�ort.
5. Approves the proposed structure locations as shown
in the Report.
6. Grants a variance to the dimension requirements of
the Interim Development Regulations as they relate to the grading
and construction of structures on slopes of greater than 18�, and
12�. The dimension variances are granted pursuant to the above
determinations which conform generally to and support the follow-
ing general determinations:
a. The strict enforcement of the setback restric-
tion or slope restriction will result in unnecessary
hardship. The property in that area cannot be put to
a reasonable use under the dimension provisions of the
Interim Development Regulations pursuant to the City
Zoning Ordinance unless a variance is granted.
b. These are exceptional circumstances unique
to that property that were not created by the land-
owner after April 25, 1975.
c. The dimension variance does not allow any
use that is not a compatible use in the land use
district in which the property is located:
d. The dimension variance will not alter the
essential character of the locality as established
by Interim Development Regulations.
e. The dimension variance will not be contrary
�� to the intent of the Executive Order and the Interim
Development Regulations.
7. Conceptually approves the granting of a compatible
use permit as specified in the Interim Development Regulations.
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8. The City requests that there be approval on this
development as soon as possible by the Metropolitan Council and
Environmental Quality Board and directs staff to file the necessary
notice with the Environmental Quality Board and notify the Environ-
mental Quality Board that the City plans to take final action on the
final plat after the expiration of the review period provided to
the Environmental Quality Board as set forth in the Interim Develop-
ment Regulations and Executive Order. The City Council wishes to
remind the Environmental Quality Board and the Metropolitan Council
that the development on this property has been delayed for twelve
months already in order to insure compliance with the Interim Develop-
ment Regulations.
Adopted by the City Council this 20 day of December , 1977.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By �i�cn��,�t a���
� Robert G. Lockwood
Mayor