2000-08-07 CC Findings of Fact
8-7 -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 78 lot, single family subdivision to be known as Albert Villas Second Addition.
The final plat is the second phase of development for the Albert Villas PUD that was
approved by the City Council on January 18, 2000 for development of 170 single-family lots.
The subject site is located south and east of Albert Villas (first phase) and is zoned R-1A with
an approved CUP/PUD which allows for lot area, width and setback flexibility.
City Council Meeting Date: August 7,2000
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 Planning Report dated July 28, 2000 is incorporated herein.
C. 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
2000-23. (Exhibit B)
D. 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 2000-08. (Exhibit C).
E. 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.
F. The PUD lot area, setback and dimension standards, which are applicable to the final
plat, are attached as Exhibit D.
G. The conditions of the NSP letter (October 18, 1999) attached as Exhibit E are
complied to by the developer.
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Albert Villas Second Addition
Final Plat/Final Plan PUD
CC Findings of Fact & Decision
H. The final plat of Albert Villas Second Addition (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 Second Addition is approved based on the most current
plans and information received to date, subject to the following conditions:
1. Submittal of all items listed as conditions of approval for Albert Villas Second Addition.
The City will not accept future phases of the PUD (area located north of Wright County
Ditch #9), until such a time as all of the items and conditions identified herein are
submitted and found to be acceptable to the City Planner, City Engineer and City
Attorney.
2. All final transportation, grading, drainage, and utility plans are subject to review and
approval of the City Engineer.
3. All easements are dedicated and/or given to the City subject to the approval of the City
Engineer.
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
52nd Street, at the southern end of Kahl Avenue (between Blocks 2 and 3), at the
southern end of Kahl Avenue (between Blocks 3 and 6) and at the eastern end of 51st
Street, conforming to the cul-de-sac requirements of the Subdivision Ordinance and
acceptable to the City Engineer.
7. Block 4 shall be labeled on the final plat.
8. Area calculations shall be submitted for all outlots, lots, rights-of-way, wetlands/ponds.
9. The Circle/court shown within Block 3 shall contain a street name.
10. The developer satisfies park dedication requirements as specified In the PUD
development agreement:
a. 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 and Wright County.
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Albert Villas Second Addition
Final Plat/Final Plan PUD
CC Findings of Fact & Decision
b. A sidewalk is constructed on the west side of Kahl Avenue right-of-way (for the
westerly section of Kahl Avenue that will be constructed with this phase). A
sidewalk is constructed on the east side of Kahl Avenue (for the easterly section of
Kahl Avenue that will be constructed with this phase). A sidewalk is constructed
along the north side of 52nd Street. A sidewalk is constructed along the north side
of 51st Court (adjacent to Lots 5, 6, and 7, Block 4.
c. Cash dedication associated with the second phase of the development is paid prior
to release of the final plat mylars.
11. The developer submits a sidewalk and trail exhibit showing the location of the required
improvements. Said exhibit shall be on a sheet no larger than 11 x 17" and shall be
attached to the development agreement.
12. 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 easement indicating
that no structures can be built within the easement areas or within 20 feet of wetlands,
storm water ponds or County Ditch #9.
13. The applicant provides the City with the proposed means to disclose the location of all
parks, sidewalks, trails and easements to future, prospective lot owners.
14. 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.
15. The developer indicates the proposed use of model homes consistent with Section 2200
of the Zoning Ordinance.
16. The future intended use of Outlot B shall be specified within the development agreement.
17. A landscape plan is submitted showing planting locations, species, planting instructions
and addressing the following conditions of PUD approval:
a. The screening consisting of a berm and staggered rows of evergreen trees on the
northerly side of Block 5, Lots 1, 2, 3, 4, 6 and 7, Block 4 shall be
planted/constructed.
b. The developer submits a berm and screening exhibit showing the location of the
required improvements/plantings. Said exhibit shall be on a sheet no larger than
11 x 17" and shall be attached to the development agreement.
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Albert Villas Second Addition
Final Plat/Final Plan PUD
CC Findings of Fact & Decision
c. The front and side yards (and/or any other yard which abuts a public street) of all
lots shall be sodded. Rear yards that do not abut a public street may be seeded
and mulched.
d. 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.
e. 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). A cost estimate for plant
materials and installation of screening shall be provided by the developer for the
purposes of calculating the required escrow.
18. If 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 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.
19. 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.
20. The developer shall submit a Storm Water Pollution Control Plan and escrow consistent
with the requirements of the Subdivision Ordinance and subject to review and approval of
the City Engineer.
21. The conditions outlined in the NSP letter (October 18, 1999) are satisfied by the developer
and are incorporated into deed restrictions to be filed against Lots 1 through 7, Block 2.
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 building permits
for the plat.
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CC Findings of Fact & Decision
24. All 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 within the required time line 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 7th day of August 2000.
City of Albertville
By:
John A. Olson, Mayor
Attest:
By:
Linda Goeb, City Administrator
pc: Linda Goeb, Kevin Mealhouse, Mike Couri, Pete Carlson, Wayne Stark, Chad Cichos,
Denise Johnson, Edina Development Corporation Inc. and Matt Davich.
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Albert Villas Second Addition
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CC Findings of Fact & Decision
CITY OF ALBERTVILLE
RESOLUTION # 2000-23
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 SECOND ADDITION.
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 second phase of the development to be known as
"Albert Villas Second Addition", was considered and approved by the City Council on August 7,
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
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EXHIBIT B
Albert Villas Second Addition
Final Plat/Final Plan PUD
CC Findings of Fact & Decision
designation of the subject site "Albert Villas" final plat, to Low Density Residential is hereby
approved.
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 th day of
August 2000.
CITY OF ALBERTVILLE
BY:
John A. Olson, Mayor
ATTEST:
BY:
Linda Goeb, City Administrator
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EXHIBIT B
Albert Villas Second Addition
Final Plat/Final Plan PUD
CC Findings of Fact & Decision
CITY OF ALBERTVILLE
WRIGHT COUNTY, MINNESOTA
ORDINANCE NO. 2000-08
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
Outlot A, ALBERT VILLAS, Wright County, Minnesota, according to the
recorded plat thereof.
And
Lot 1 and Lot 2, Block 1, Meadow View, Wright County, Minnesota, according to
the recorded plat thereof.
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.
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EXHIBIT C
Albert Villas Second Addition
Final Plat/Final Plan PUD
CC Findings of Fact & Decision
ADOPTED by the Albertville City Council this 7th day of August 2000.
CITY OF ALBERTVILLE
ATTEST: y/
10 EXHIBIT C
Albert Villas Second Addition
Final Plat/Final Plan PUD
CC Findings of Fact & Decision
.
.
.
. ..
.
EXHIBIT A
LEGAL DESCRIPTION
Outlot A, ALBERT VILLAS, Wright County, Minnesota, according to the recorded plat thereof.
And
Lot 1 and Lot 2, Block 1, Meadow View, Wright County, Minnesota, according to the recorded
plat thereof.
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'"
. 1
Lot Area, Setback, Height and Covera ~e 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 Q-H- 12,000)
W (80% of required lot area
must be above Q-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 Comer Lot 120 feet 90 - 130 feet 100 feet minimum
2 Lots (10%) conform (except 2 lots are 95 feet"
to requirement
Average Lot Width Comer 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-comer) 30 feet (side 20 feet 20 feet
yard abutting
a public
street)
(rear) 25 feet 30 feet 30 feet
Wetland setback from Q-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
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EXHIBIT 0
Albert Villas Second Addition
Final Plat/Final Plan PUD
CC Findings of Fact & Decision
EXHIBIT A
LEGAL DESCRIPTION
Outlot A, ALBERT VILLAS, Wright County, Minnesota, according to the recorded plat thereof.
And
Lot 1 and Lot 2, Block 1, Meadow View, Wright County, Minnesota, according to the recorded
plat thereof.
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EXHIBIT A
Albert Villas Second Addition
Final Plat/Final Plan PUD
CC Findings of Fact & Decision