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2000-06-05 CC Findings of Fact Final Plat/PUD ... 6-5-00 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Final Plat - PUD Final Plan Applicant's Name: Albert Villas - Edina Development Corporation Inc. Request: Edina Development Corporation Inc., has submitted the final plat and PUD final plan plans for a 41 lot, single family subdivision to be known as Albert Villas. The final plat is the first phase of development for the Albert Villas PUD which was approved by the City Council on January 18, 2000 for development of 170 single-family lots. The subject site is located in the southwest part of the City, with St. Michael bordering the site to the west, CSAH 18 bordering the site to the northeast. The subject site is zoned R-1A with an approved CUP/PUD which allows for lot area, width and setback flexibility. City Council Meeting Date: 5 June 2000 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following finding of fact and decision: A. The legal description of the subject property is attached as Exhibit A. B. The City Council Findings of Fact and Recommendation for the Comprehensive Plan Amendment, Rezoning, CUP/PUD (Concept PUD and Development PUD) and preliminary plat (dated 1-18-00) are incorporated herein. (Exhibit B). C. The Memo dated 31 May 2000 prepared by NAC is incorporated herein. D. The letter dated May 11,2000 prepared by S.E.H. is incorporated herein. (Exhibit F) E. The Comprehensive Plan Land Use Plan designation of the subject site is changed from Agricultural/Rural to Low Density Residential pursuant to City Council Resolution 2000-_. (Exhibit C) F. The Zoning District designation for the subject site is changed from A-1, Agricultural/Rural to R-1A, Low Density Single Family pursuant to City of Albertville Ordinance 2000-_. (Exhibit D). G. Approval of a CUP/PUD for the subject site was granted by the City Council subject to the provisions and flexibility considerations outlined in the Findings of Fact and Decision dated 1-18-2000. (Exhibit B). H. The PUD lot area, setback and dimension standards which are applicable to the final 1 Albert Villas Final Plat Findings of Fact & Decision " plat are attached as Exhibit E. I. The final plat of Albert Villas (with the conditions of approval outlined herein) is in substantial compliance with the approved CUP/PUD and preliminary plat. Decision: Based on the foregoing considerations and applicable ordinances, the final plat and PUD final plan of Albert Villas is approved based on the most current plans and information received to date, subject to the following conditions: 1. All final transportation, grading, drainage, and utility plans are subject to review and approval of the City Engineer. 2. All easements are dedicated and/or given to the City subject to the approval of the City Engineer. 3. The final plat is amended to show a drainage and utility easement over Outlot A. 4. A street lighting plan is submitted specifying the style, height, strength/wattage and distribution of lights proposed within the development. Said lighting plan and the location of lights shall be subject to review and approval of the City Engineer. 5. All required driveway, utility, trail and other permits required by the City Engineer and/or Wright County shall be obtained by the applicant. 6. A temporary turn-around facility and roadway easement is provided at the west end of 53rd Street and at the southern end of Kahl Avenue, conforming to the cul-de-sac requirements of the Subdivision Ordinance, acceptable to the City Engineer. 7. The developer satisfies park dedication requirements as specified in the PUD development agreement. 7. An asphalt trail is constructed along the south side of CSAH 18 (within the right-of-way), subject to the approval of the City Engineer. 8. The applicant submits letters from NSP and Amoco identifying that each entity has reviewed the plans and found them to be acceptable. 9. Deed restrictions, in a form acceptable to the City Attorney are filed with the Wright County Recorder of Deeds for all lots adjacent to or containing NSP and/or Amoco pipeline easements indicating that no structures can be built within the easement areas. 10. The applicant provides the City with a copy of the lot sales literature that will be distributed to future homeowners, identifying NSP and Amoco easement building restrictions, the 20' required wetland setback area building restrictions, access easements to all storm water management ponds. 2 Albert Villas Final Plat Findings of Fact & Decision 11. The applicant provides the City with the proposed means to disclose the location of all parks, sidewalks and trails to future, prospective lot owners. 12. A property maintenance agreement and property owners association covenants are prepared by the applicant and submitted to the City Attorney for review and approval subject to the requirements of Sections 1100 and 2700 of the City Zoning Ordinance. The agreements, covenants, and restrictions are to be filed with the Wright County Recorder's office as a deed restriction against the title of each lot, at the time of final plat. 13. The developer indicates the timing and method for removing and/or relocating the existing buildings located on the subject site consistent with Sections 1400-1 and 900 of the Zoning Ordinance. 14. The developer indicates the proposed use of model homes consistent with Section 2200 of the Zoning Ordinance. 15. The future intended use of Outlots A and B shall be specified within the PUD agreement. 16. The screening consisting of a berm and staggered rows of evergreen trees on the northerly side of Lot 1, Block 1 and Lots 8, 9 and 10, Block 1, (Concept Phasing and Landscape Plan of Albert Villas 2-8-00), shall be planted/constructed prior to issuance of a building permit for each respective lot. 17. The front and side yards (and/or any other yard which abuts a public street) of all lots shall be sodded. Rear yards which do not abut a public street may be seeded and mulched. 18.A minimum of one shade tree or evergreen tree, conforming to the minimum size and species requirements of the Albertville Zoning Ordinance shall be planted prior to issuance of an occupancy permit for each lot within the final plat. 19. An escrow for the landscape/screening materials in the amount equal to 150% of the estimated cost for said materials, is provided to assure installation and survivability of all required plantings. (All new plants shall be guaranteed for two full years from the time the planting has been completed). 20.lf a subdivision identification sign is desired by the developer to identify the Albert Villas development, a sign plan is submitted for review and approval of the City Planner. Deed restrictions, covenants or other appropriate documentation shall be provided to identify that the private homeowners association shall be responsible for the maintenance of the grounds as well as the subdivision sign in perpetuity. Said documents shall also provide a clause allowing the City to remove the sign in the event that it is not maintained. The written documentation shall be subject to review and approval of the City Attorney and filed with Wright County. 3 Albert Villas Final Plat Findings of Fact & Decision 21. The developer shall enter into a Planned Unit Development agreement, which includes all development plans and specifications, and specific land use and performance standards that must be adhered to throughout the life of the PUD. Said document will set forth the schedule, required financial security, amount and method of payment to satisfy payment of park dedication and other fees for the final plat. The PUD agreement shall be approved by the City Attorney. 22. A current title opinion or commitment of title insurance is submitted acceptable to the City Attorney. 23. The developer shall provide the City with a reproducible copy of the recorded final plat, either chronoflex or its equivalent, and two (2) prints prior to issuance of a building permit for either lot. 24.AII fees associated with this project shall be paid prior to the release of the final plat mylars to the applicant. 25. The final plat, developer's agreement and all pertinent documents must be filed with Wright County within 120 days from the date of City Council approval of the final plat. Failure to record the documents by October 3,2000 will render the final plat null and void. 26.Any other conditions as set forth by the City Council, City staff, City Consultants or other agency responsible for review of this application. Adopted by the Albertville City Council this 5th day of June 2000. City of Albertville By: ~ ....~ ;/. / I --=A;_)L~{('( V'~- '- t~ Linda Goeb, City Atlministrator Attest: pc: Linda Goeb, Kevin Mealhouse, Mike Couri, Pete Carlson, Wayne Stark, Chad Cichos, Denise Johnson, Edina Development Corporation Inc. and Matt Davitch. 4 Albert Villas Final Plat Findings of Fact & Decision EXHIBIT A LEGAL DESCRIPTION The West Half of the Southwest Quarter in Section 2, Township 120, Range 24, Wright County, Minnesota, except that part of the West Half of said Southwest Quarter lying northeasterly of the centerline of County State Aid Highway No. 18, formerly known as County Highway No. 118. And The Southeast Quarter of the Southwest Quarter in Section 2, Township 120, Range 24, Wright County, Minnesota, except that part lying northeasterly of County State Aid Highway No. 18, formerly known as County Highway No. 118, and also excepting that part lying easterly and southerly of County Ditch No.9. And That part of the West Half of the Southwest Quarter of the Southeast Quarter of Section 2, Township 120, Range 24, Wright County, Minnesota, lying southerly of County State Aid Highway No. 18, formerly known as County Highway No. 118, and westerly of County Ditch NO.9. And That part of the Northwest Quarter of Section 11, Township 120, Range 24, Wright County, Minnesota, lying northerly of County Ditch NO.9. 5 EXHIBIT A Albert Villas Final Plat Findings of Fact & Decision 1-18-00 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Comprehensive Plan Amendment Rezoning CUP/PUD Preliminary Plat Applicant Name: K.C. Land Company. Keith Harstad - Albert Villas Request: K.C. Land Company has submitted plans for development of 336 single-family lots as part of the Albert Villas project. The subject site contains 235.17 acres of land, which is bounded on the east by Swamp Lake, the north by CSAH 18, the south and west by the City of St. Michael. The PUD concept plan covers the entire land holdings of the applicant. The developer desires to preliminary plat the part of the site (approximately 136.75 acres located north of County Ditch #9) into 177 single-family lots. A Comprehensive Plan amendment will be necessary to allow the low density residential proposal in an area guided for agriculture and rural devel ment. The property is currently zoned A-1, Agricultural/Rural. Rezoning to R-1A, Low Single Family, will be necessary to accommodate the proposal. A Conditional Use lanned Unit Development will be necessary to allow flexibility from the stri of the Jloning Ordinance related to setbacks, lot area, and width. A prelimi de' of the north 136.75 acres of the site will be necessary to allo d elo t of 8).nie ots as proposed. Planning Commission Mee p(JJber 1999, 12 October 1999, 9 November 1999 and 14 December 1999. cil remanded consideration of park issues back to the Planning Commission ~ Ion at 11 January 2000 meeting). City Council Meeting Dat s: 3 January 2000, 18 January 2000. Findings of Fact: Based upon review of the application and evidence received, the City Council now makes the following findings of fact and decision: a. The legal description of the subject property is attached as Exhibit A. b. The Planning Commission Findings of Fact and Recommendation for the Comprehensive Plan Amendment, Rezoning, CUP/PUD (Concept PUD and Development PUD) are incorporated herein. c. The Planning Commission Findings of Fact and Recommendation for the preliminary plat is incorporated herein. 6 EXHIBIT B Albert Villas Final Plat Findings of Fact & Decision d. The Planning Report, dated 8 September 1999, Memorandum, dated 2 November 1999, and Planning Report, dated 7 December 1999 prepared by NAC Inc., are incorporated herein. e. The memorandum from Pete Carlson dated October 8, 1999 is incorporated herein. f. The letter from BP Amoco Pipeline dated November 18, 1999 is incorporated herein. g. The City Council finds the requested Comprehensive Plan amendment to change the land use designation of the subject site from Agricultural/Rural to Low Density Residential acceptable. (The entire 235.17 -acre subject site Comprehensive Land Use Plan designation shall be changed from Agricultural/Rural to Low Density Residential). h. The City Council finds the requested rezoning from A, Agricultural/Rural to R-1A Low Density Single Family acceptable and in conformance with the rezoning criteria contained in the City's Zoning Ordinance. (The entire 235.17 acre subject site Zoning classification shall be changed from A, Agricultural/Rural to R-1A Low Density Single Family Residential). i. The City Council finds the requested Schematic a allow flexibility of lot width, area, and s conformance with the PUD criteria co ta' 136.75-acre parcel located north of e iminary plat acceptable. (170 single family lots with park hibit C, for the 136.75-acres parcel located north of County Ditch j. k. The City Council finds proposal per attached #9). I. The proposed actions have been considered in relation to the specific policies and provisions of and have been found to be consistent with the Comprehensive Plan. m. The proposed development will be compatible with present and future land uses of the area. n. The proposed use conforms with all applicable Zoning Ordinance performance standards. o. The proposed use will not tend to or actually depreciate the area in which it is proposed. 7 EXHIBIT B Albert Villas Final Plat Findings of Fact & Decision p. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. q. Traffic generated by the proposed use is within capabilities of streets serving the property. r. The requirements of Sections 300, 400 and 2700 of the Albertville Zoning Ordinance have been reviewed in relation to proposed plans. s. The City has adopted a negative declaration for the EAW concerning this project. (EAW Negative Declaration was adopted by the City Council on January 3, 2000). Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES the Comprehensive Plan amendment, rezoning, conditional use permit/planned unit development and preliminary plat based on the most current plans and information received to date subject to the following conditions. 1. The Albertville Comprehensive Land Use Plan is amended to change the land use from agricultural/rural to low density residential for the entire 235.17 -acre subject site (including both the parcels on the north and south sides of County Ditch #9). Said amendment shall not be placed into effect until su ime as the final plat is approved by the City. 2. The entire 25.17 -acre subject sit sides of County Ditch #9) is rezo Family. Said rezoning ~ approved by the City. eels on the north and south I to R-1A Low Density Single c until such a time as the final plat is 3. A Conditional Use P! t Development is approved to allow flexibility for lot width, area, and setb outlined on attached Exhibits B and park areas as set forth on Exhibit C for the 6.75-acre parcel located north of County Ditch #9. 4. A Planned Unit Development agreement is prepared which includes all development plans and specifications, and specific land use and performance standards, which must be adhered to throughout the life of the PUD. The City Attorney shall approve said document. 5. The preliminary plat of Albert Villas is approved for the development of 170 lots and a 6.9-acre park, subject to the conditions outlined herein. 6. The number of building permits that will be issued to the project shall be limited to 50 until such a time as the entire length of Kahl Avenue/4ih Street/Kallard Avenue is installed to provide a secondary access to the development. 8 EXHIBIT B Albert Villas Final Plat Findings of Fact & Decision 7. The City's park and trail dedication requirements are satisfied as discussed herein. a. Based upon the City's Subdivision Ordinance a 10% park land and/or cash dedication is required "for the total subdivision area." Said dedication is equal to approximately 19.5 acres for the entire project, (both the areas north and south of County Ditch #9) cash or combination of land and cash as determined by the City Council. b. The park land dedication shall consist of approximately 6.9 acres of land (as shown on Exhibit C) located southeast of the intersection of Kahl and Kaiser Avenue. The land comprises approximately 71 % of the required dedication for the preliminary plat. A cash contribution of approximately $64,090 dollars will also be required. (The specific land and cash amounts will be determined at the time of final plat with land calculations and/or land value information to be provided by the applicant). The area south of County Ditch #9 will require an additional park dedication of 9.8 acres at the time later phases of the project are platted. c. A trail and sidewalk system shall be constructed as shown on the preliminary plat and the cost for installation of these systems I be counted as credit toward the above mentioned park dedication requi . ;'own along the north side of ~.,. Block 4. d. The preliminary plat is ame 52nd Street and along the r e. The preliminary CSAH 18 as op de an asphalt trail along the south side of at is shown. f. The prelimina mended to delete park A and either extend the lot lines of adjacent lots - 0, Block 12 or plat the area as an outlot for storm water management purposes. Park dedication credit should not be given for this area, as it is not usable for recreation purposes, with the exception of the trail corridor, which shall be credited pursuant to the Subdivision Ordinance. 9. All grading, drainage, utility, wetland mitigation and transportation issues shall be subject to review and approval of the City Engineer. 10. A complete set of revised preliminary plat and PUD plans (1" - 100' scale and one copy reduced to 11" x 17") shall be submitted to the City of Albertville, City Planner (NAC Inc,) and the City Engineer (S.E.H.), within 30 days of City Council approval, incorporating all conditions of approval. The preliminary plat and PUD will serve as the guide for all future final plat applications for this project. 9 EXHIBIT B Albert Villas Final Plat Findings of Fact & Decision 11. The applicant shall file deed restrictions with the Wright County Recorder of Deeds for all lots adjacent to or containing NSP and/or Amoco pipeline easements indicating that no structures can be built within the easement areas. 12. The applicant shall provide the City with a copy of the lot sales literature that will be distributed to future homeowners, identifying NSP and Amoco easement building restrictions, the 20' required wetland setback area building restrictions and the means to disclose the location of all parks to future lot owners. 13. A property maintenance agreement and property owners association covenants are prepared by the applicant and submitted to the City Attorney for review and approval subject to the requirements of Sections 1100 and 2700 of the City Zoning Ordinance. The agreements, covenants, and restrictions are to be filed with the Wright County Recorder's office as a deed restriction against the title of each lot, at the time of final plat. 14. The applicant submits documentation from NSP and Amoco identifying that each entity has reviewed the preliminary plat and that the proposed improvements are acceptable to each entity. 15. The developer indicates the timing and method existing buildings located on the subject site s the Zoning Ordinance. 16. The developer indicates the propo of the Zoning Ordinanc , emoving and/or relocating the ith Sections 1400-1 and 900 of t consistent with Section 2200 17. The applicant provid property abstract cur the property. ~ the form of an abstract of title or registered d showing the petitioners have legal ownership of 18. Any other conditions as set forth by other City Staff the Planning Commission or City Council. NOTE: The Subdivision Ordinance specifies that final plats must be submitted within 100 days of preliminary plat approval or the preliminary plat will become null and void. Adopted by the Albertville City Council this 18th day of January 2000. City of Albertville By: Attest: John A. Olson, Mayor By: Linda Goeb, City Administrator 10 EXHIBIT B Albert Villas Final Plat Findings of Fact & Decision " CITY OF ALBERTVILLE RESOLUTION # 2000-_ A RESOLUTION OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA TO AMEND THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE DESIGNATION OF PROPERTY WITHIN THE PROJECT KNOWN AS ALBERT VILLAS. WHEREAS, the project commonly known as Albert Villas PUD (a 170 lot, single family development located northerly of County Ditch #9 and southerly of CSAH 18), was reviewed at seven public meetings held on 14 September 1999, 12 October 1999, 9 November 1999 and 14 December 1999; 3 January 2000, 11 January 2000; and 18 January 2000; and WHEREAS, a public hearing to consider the proposal to change the land use designation of the136.75 acre subject site from Agricultural/Rural to Low Density Residential was held by the Planning Commission on September 14,1999, October 12, 1999, November 9, 1999 and December 14, 1999; and WHEREAS, notice of the public hearing on said motion was duly published and posted in accordance with the applicable Minnesota Statutes and persons attending were afforded the opportunity to comment on said amendment; and WHEREAS, the Planning Commission recommended approval of the proposed Comprehensive Plan amendment; and WHEREAS, the City Council held public meetings on 3 January 2000, 18 January 2000 to consider the Comprehensive Plan amendment and persons attending were afforded the opportunity to comment on said amendment, and WHEREAS, on January 18, 2000 the City Council of Albertville approved the Comprehensive Plan amendment (pursuant to the conditions of the Findings of Fact and Decision dated 1-18-00), and WHEREAS, the implementation of the Comprehensive Plan land use designation changes are to occur at the time of final plat for each phase of the development, and WHEREAS, the final plat of the first phase of the development to be known as "Albert Villas", was considered and approved by the City Council on June 5, 2000. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Albertville, Wright County, Minnesota that the Comprehensive Plan amendment to change the land use designation of the subject site "Albert Villas" final plat, to Low Density Residential is hereby approved. 11 EXHIBIT C Albert Villas Final Plat Findings of Fact & Decision BE IT FURTHER RESOLVED, that upon adoption, this resolution shall be filed with the Wright County Recorder's Office. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 5th day of June 2000. CITY OF ALBERTVILLE BY: John A. Olson, Mayor ATTEST: BY: Linda Goeb, City Administrator 12 EXHIBIT C Albert Villas Final Plat Findings of Fact & Decision CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2000-_ AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF ALBERTVILLE TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE HEREBY ORDAINS: SECTION 1. SECTION 300 ADMINISTRATION-AMENDMENTS (TEXT AND MAP) OF THE ALBERTVILLE ZONING ORDINANCE IS HEREBY AMENDED TO CHANGE THE ZONING CLASSIFICATION OF THE FOLLOWING LEGALLY DESCRIBED PROPERTY. LEGAL DESCRIPTION The West Half of the Southwest Quarter in Section 2, Township 120, Range 24, Wright County, Minnesota, except that part of the West Half of said Southwest Quarter lying northeasterly of the centerline of County State Aid Highway No. 18, formerly known as County Highway No. 118. And The Southeast Quarter of the Southwest Quarter in Section 2, Township 120, Range 24, Wright County, Minnesota, except that part lying northeasterly of County State Aid Highway No. 18, formerly known as County Highway No. 118, and also excepting that part lying easterly and southerly of County Ditch NO.9. And That part of the West Half of the Southwest Quarter of the Southeast Quarter of Section 2, Township 120, Range 24, Wright County, Minnesota, lying southerly of County State Aid Highway No. 18, formerly known as County Highway No. 118, and westerly of County Ditch NO.9. And That part of the Northwest Quarter of Section 11, Township 120, Range 24, Wright County, Minnesota, lying northerly of County Ditch No.9. 13 EXHIBIT D Albert Villas Final Plat Findings of Fact & Decision SECTION 2. THE ABOVE DESCRIBED PROPERTY IS HEREBY REZONED FROM A-1 , AGRICULTURAL RURAL TO R-1A, LOW DENSITY SINGLE FAMILY. SECTION 3. THE ZONING ADMINISTRATOR IS HEREBY DIRECTED TO MAKE THE APPROPRIATE CHANGE TO THE OFFICIAL ZONING MAP OF THE CITY OF ALBERTVILLE TO REFLECT THE CHANGE IN ZONING CLASSIFICATION AS SET FORTH ABOVE. SECTION 4. THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PASSAGE AND PUBLICATION. ADOPTED by the Albertville City Council this 5th day of June 2000. CITY OF ALBERTVILLE BY: ATTEST: John A. Olson, Mayor BY: Linda Goeb, City Administrator 14 EXHIBIT D Albert Villas Final Plat Findings of Fact & Decision Lot Area, Setback, Heiaht and Covera :Ie Requirements. R1-A District Required Original Proposal Revised Proposal Density (Units per Acre) 2.9 1.34 1.30 Minimum Lot Area 15,000 sf 80 lots (44%) 12,524 sq. ft. Range of Lot Sizes 15,000 sf 12,505 - 35,647 sf 12,524 - 36,671 sq. ft. Required Minimum Useable 12,000 sf 30 lots (16% < 12,000 Upland lot area above O-H- 12,000) W (80% of required lot area must be above O-H-W) Lot Width 1 00 feet 80 - 150 feet (143 or 85 feet minimum 79% of the lots are 95.04 feet average less than 100' wide) Lot Width Corner Lot 120 feet 90 -130 feet 100 feet minimum 2 Lots (10%) conform (except 2 lots are 95 feet" to requirement Average Lot Width Corner 101 feet 105.1 Lot Buffer Yard Lot Depth (lots 170 feet 165 feet* 170 feet except Block 9 which adjacent to arterial or major has 155 foot lots collector streets) Buffer Yard (lot width 25 feet 1 0 feet 1 0 feet requirements for side yards) Setback (PUD Periphery) 35 feet Unknown 35 feet Setbacks (front) 30 feet 30 feet 30 feet (side-interior) 15 feet 1 0 feet 1 0 feet (side-corner) 30 feet (side 20 feet 20 feet yard abutting a public street) (rear) 25 feet 30 feet 30 feet Wetland setback from O-H- 20 feet Unknown 20 feet W Building Height Maximum 35 feet Unknown 35 feet Maximum Lot Coverage for 25 percent of Unknown 25 percent of lot area Structures lot area Minimum Floor Area per 2 BR 960 sq. Unknown 2 BR 960 sq. ft. above ground Dwelling Unit ft. above 3 BR 1,040 sq. ft. above ground ground 3 BR 1,040 sq. ft. above ground 15 EXHIBIT E Albert Villas Final Plat Findings of Fact & Decision