2000-12-18 CC Findings of Fact
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12-18-00
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 for a 68 lot, single family subdivision to be known as Albert Villas Third Addition. The
final plat is the third and final phase of development for the Albert Villas PUD that was
approved by the City Council on January 18, 2000 and amended on May 1, 2000. The
subject site is located south and east of Albert Villas (first phase) and is proposed to be
zoned R-1A with an approved CUP/PUD which allows for lot area, width and setback
flexibility.
City Council Meeting Date: December 18, 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 Outlot A, Albert Villas Second Addition,
Wright County, Minnesota.
B. The Planning Report dated November 29,2000 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
2000-42. (Exhibit A)
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 2000-15. (Exhibit B).
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 C.
G. The developer complies with the conditions of the NSP letter (October 18, 1999)
attached as Exhibit D.
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H. The final plat of Albert Villas Third 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 Third Addition 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 conveyed to the City subject to the approval of the
City Engineer.
3. A street lighting plan is submitted specifying the style, height, strength/wattage and
distribution of lights proposed within the development. The lighting plan and the location
of lights shall be subject to review and approval of the City Engineer.
4. All required driveway, utility, trail and other permits required by the City Engineer and/or
Wright County shall be obtained by the applicant.
5. A temporary turn-around facility and roadway easement is provided at the south end of
Kaiser Ave. that conforms to the cul-de-sac requirements of the Subdivision Ordinance
and that is acceptable to the City Engineer.
6. Area calculations shall be submitted for all outlots, lots, rights-of-way, and
wetlands/ponds.
7. 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.
b. Sidewalks are constructed as identified on the sidewalk plan dated October 11,
2000. Park dedication associated with the third phase of the development is paid
and/or deeds provided for land prior to release of the final plat mylars.
11. 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 and/or
Amoco Pipeline 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.
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12. The applicant provides the City with the proposed means to disclose the location of all
parks, sidewalks, trails and easements 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 developer indicates the proposed use of model homes consistent with Section 2200
of the Zoning Ordinance.
15. A landscape plan is submitted showing planting locations, species, planting instructions
and addressing the following conditions of PUD approval:
a. 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 consistent with City regulations.
b. 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.
c. 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. The developer shall enter into a Planned Unit Development agreement that is drafted and
approved by the City Attorney.
19. 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.
20. 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 14, Block 1.
21.A current title opinion or commitment of title insurance is submitted that is acceptable to
the City Attorney.
22. The developer shall provide the City with a reproducible copy of the recorded final plat,
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CC Findings of Fact & Decision
either chronoflex or its equivalent, and two (2) prints prior to issuance of building permits
for the plat.
23. All fees associated with this project shall be paid prior to the release of the final plat
mylars to the applicant.
24. 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.
25.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:
~-<) ~4- ~
Linda Goeb, City 'Administrator
Attest:
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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CC Findings of Fact & Decision