City of New Germany Ordinance 92
ORDINANCE NO. 92
CITY OF NEW GERMANY, MINNESOTA
JULY 3, 2007
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF NEW GERMANY BY REZONING CERTAIN LAND KNOWN AS TROPHY LAKE ESTATES IV FROM A AGRICULTURAL DISTRICT TO R-1 SINGLE FAMILY RESIDENTIAL DISTRICT
THE CITY COUNCIL OF THE CITY OF NEW GERMANY, CARVER COUNTY ORDAINS AS FOLLOWS:
SECTION I. The official Zoning Districts Map of the City of New Germany, as established and adopted pursuant to Chapter 4, Subd. 1, of the City of New Germany Zoning Ordinance, is hereby amended by changing the zoning district designation of the following described lands from an Agricultural District to R-1 Single Family District:
The Southeast Quarter of Section 32, Township 117, Range 26.
That part of the Southwest Quarter of the Southwest Quarter of Section 33, Township 117, Range 26, lying westerly of the center line of County State Aid Highway No. 33
SECTION II. The rezoning is based upon the following findings:
1. The rezoning will be consistent with the Orderly Annexation agreement entered into between the City of New Germany and Hollywood Township on May 17, 2007.
2. The rezoning will be consistent with the 2008 Comprehensive Plan, when approved by the City of New Germany and the Metropolitan Council.
3. The proposed use of the property for single family residential purposes meets the intent and purpose of the R-1 Single Family District.
4. The rezoning is based upon the representations made by the applicant of this request, Mr. Grant Hustad, that the property will comply with the permitted uses and standards of the R-1 Single Family District, except as noted in Section III, as follows:
SECTION III. The applicant of the rezoning request has requested that the City of New Germany approve a variance from Chapter 6, Subd. 1, subsection 4 (b) of the Zoning Ordinance to allow a gravel surface, rather than bituminous or concrete as required by the Zoning Ordinance, for the south “special event” parking area.
SECTION IV. Approval of a variance from Chapter 6, Subd. 1, subsection 4 (b) of the Zoning Ordinance to allow a gravel surface, rather than bituminous or concrete as required by the Zoning Ordinance, for the south “special event” parking area is approved based upon the following finding:
1. The proposed gravel parking area is for visitor recreational vehicles, rather than the required parking areas accommodating personal vehicles of the residents.
2. The use and conditions of the gravel surface area will be governed by the Homeowners Association documents, subject to the approval of the City.
SECTION V. Approval of the rezoning is subjection to the following:
1. The rezoning not become effective until the Metropolitan Council has approved the draft 2008 Comprehensive Plan, and the 2008 Comprehensive Plan is approved by the City Council.
2. Annexation of the property from Hollywood Township to the City of New Germany is official.
3. The applicant indemnifies the City for any potential objections to any activities that occur on the property until the Agricultural Preserves program expires on the property.
4. Construction of the roadway system, utilities and buildings on the property shall not occur until the Agricultural Preserves program expires on the property.
5. Building permits shall not be issued for any building within the development until the City is able to serve the property with municipal sanitary sewer and water services.
6. The 28 stall parking area to north of the swim pond and all other parking surfaces be paved with bituminous or concrete, except for the south “special event” parking area, and that the use of the “special event” parking area be controlled by provisions, to be approved by the City, within the homeowners association documents.
7. Approvals of the final grading, drainage, stormwater pollution prevention plans and the hydrologic study are required by the City Engineer, Carver County Water Management and Soil and Water Conservation District before commencement of grading or any construction activity.
8. The developer pay all associated costs incurred by the City for the review of the proposed development.
9. The south half of 62nd Street adjacent to the development be annexed from Camden Township or the City and the Township agree on the roadway reconstruction.
SECTION VI. This land shall now be part of the Single-Family Residential District and subject to the regulation of Chapter 4, Subd. 2, of the New Germany Zoning Ordinance.
SECTION VIII. This ordinance shall be in effect from and after its passage and publication according to law.
Passed and adopted by the City Council of the City of New Germany this 3rd day of July, 2007.
/s/ Pete Pederson, Mayor
/s/ Joan Guthmiller, Clerk
Published in the Herald Journal Nov. 9, 2009.