2000-07-13 PUD Final Plan, Final Plat
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NORTHWEST ASSOCIATED CONSULTANTS
/
COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
PLANNING REPORT
TO:
Albertville Mayor and City Council
Linda Goeb, City Administrator
FROM:
Deb Garross, Senior Planner
DATE:
13 July 2000
RE:
Albertville - Albert Villas Second Addition
. PUD Final Plan
. Final Plat
- Adopt Resolution 2000 -:2B Changing the Compo Plan Land Use from
Agricultural/Rural to Low Density Residential
- Adopt Ordinance 2000 - l Rezoning the site from A-1 to R-1 A
FILE:
163.06 - 00.21
BACKGROUND
Edina Development corporation Inc., has submitted the final plat and pun final plan of "Albert
Villas Second Addition." The current submittal represents the second stage of development for
the Albert Villas PUD, which was approved by the City Council on January 18, 2000 for
development of 136 acres of land into 170 single family lots. The final plat of phase one
consisted of 41 lots located in the northwest part of the PUD project area. The final plat of the
Second Addition contains 78 lots and is located directly south of Albert Villas and contiguous to
CSAH 18. This phase of the PUD will provide for a loop road connection between Kahl
Avenue and 52nd Street.
The original approval for the overall project included rezoning and a Comprehensive Plan
amendment to change the designation of the site from agricultural/rural to low density
residential. The implementation of the rezoning and Comprehensive Plan amendment is to
take place at the time of final plat. Therefore, an Ordinance rezoning the site and a Resolution
implementing the Comprehensive Plan amendment have been included for City Council formal
adoption in addition to the final platlPUD final plan. See Exhibits 8 and C of the attached City
Council Findings of Fact for reference to the Resolution and Ordinance implementing the
rezoning and Comprehensive Plan amendment.
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416
P H 0 N E 6 I 2 - 5 9 5 - 9 6 3 6 FAX 6 I 2 - 5 95 - 9 8 3 7
T T
Attachments:
Site Location Map
Draft Findings of Fact and Recommendation
Exhibit A - Site Legal Description
Exhibit B - Resolution implementing the Comprehensive Plan Amendment
Exhibit C - Ordinance implementing the rezoning
Exhibit D - Table indicating the lot area, setback and dimension flexibility
applicable to the final plat
Exhibit E - Letter from NSP dated October 18, 1999
Final Plat Maps
EXECUTIVE SUMMARY
The City Council approved the Comprehensive Plan amendment, rezoning, CUP/PUD and
preliminary plat of Albert Villas on January 18, 2000 subject to a number of conditions outlined
in the Findings of Fact and approval. A CUP/PUD amendment and preliminary plat for Albert
Villas East was approved by the City Council on May 1, 2000. The final plaUPUD of Albert
Villas Second Addition has been reviewed based upon the applicable Zoning and Subdivision
Ordinance requirements as well as the conditions of approval from January 18, 2000 and May
1, 2000.
The requested approvals of the final plat and final PUD plan, require the City Council to
consider the applications in relation to established Zoning and Subdivision Ordinance review
criteria and Comprehensive Plan policies. The decision to approve or deny the final plaUPUD
is viewed as a policy decision to be made by the City Council. Should the Council find the
submitted plans acceptable, it is recommended that the following conditions be imposed.
1. Submittal of all items listed as conditions of approval for Albert Villas Second Addition. The
City will not accept future phases for this PUD 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.
Albert Villas Second Addition
Planning Report
Page 2
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 51 st 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.
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 51 st 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.
Albert Villas Second Addition
Planning Report
Page 3
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.
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
Albert Villas Second Addition
Planning Report
Page 4
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.
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. .
DISCUSSION
The final plaUPUD for Albert Villas Second Addition has been found by our review, to be in
substantial compliance with the preliminary plaUPUD. The subject site contains a number of
lots that have restricted building envelopes and the City Council intended that the developer be
responsible to notify future buyers of the various easements and wetland setbacks. To ensure
that prospective buyers are aware of the building restrictions, conditions of approval require
the developer to submit deed restrictions that will be filed with Wright County for each lot.
Additionally, the developer is required to provide the City with copies of sales literature
Albert Villas Second Addition
Planning Report
Page 5
identifying the location of the easements as well as all of the future park, trail and sidewalk
improvements associated with the project.
RECOMMENDATION
To assist the City Council in formulating its recommendation, a draft Findings of Fact and
Decision document has been prepared outlining the suggested conditions of approval for this
project. The decision to approve or deny the requested preliminary and final plat of Albert
Villas Second Addition is viewed as a policy decision to be made by the City Council. The
Executive Summary of this report outlines recommended conditions of approval should the
decisions be made in favor of the developer.
ACTIONS REQUESTED
1. A motion to approve, deny or conditionally approve the PUD final stage plan of Albert Villas
Second Addition pursuant to the conditions of the attached Findings of Fact and Decision.
2. A motion to approve, deny or conditionally approve the final plat of Albert Villas Second
Addition pursuant to the conditions of the attached Findings of Fact and Decision.
3. A motion to adopt Resolution 2000-_ (Exhibit B of Finding of Fact) implementing the
Comprehensive Plan amendment to change the land use of the site from Agricultural/Rural
to Low Density Residential.
4. A motion to adopt Ordinance 2000-_ (Exhibit C of Findings of Fact) implementing the
rezonimg to change the zoning of the site from A-1 to R-1A. (A CUP/PUD is also approved
for the site allowing for lot area, setback and width flexibility pursuant to the Council
approval granted on January 18, 2000).
pc: Mike Couri, Pete Carlson, Wayne Stark, Kevin Mealhouse, Chad Cichos, Denise
Johnson, Matt Davich and Gary Rudy.
Albert Villas Second Addition
Planning Report
Page 6
Albert Villas Second Addition
Site Location Map
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Albert Villas
Second Addition
Subject Site
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-_. (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 AJbertville
Ordinance 2000-_. (Exhibit C).
E. Approval of a CUP/PUDfor 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.
1
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 for this PUD 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.
b. A sidewalk is constructed on the west side of Kahl Avenue right-of-way (for the
2 Albert Villas Second Addition
Final Plat/Final Plan PUD
CC Findings of Fact & Decision
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.
c. The front and side yards (and/or any other yard which abuts a public street) of all
3 Albert Villas Second Addition
Final Plat/Final Plan PUD
CC Findings of Fact & Decision
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.
4
Albert Villas Second Addition
Final Plat/Final Plan PUD
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
Attest:
By:
John A Olson, Mayor
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.
5
Albert Villas Second Addition
Final Plat/Final Plan PUD
CC Findings of Fact & Decision
CITY OF ALBERTVILLE
RESOLUTION # 2000-E
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
7
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 7th day of
August 2000.
CITY OF ALBERTVILLE
BY:
ATTEST:
John A. Olson, Mayor
BY:
Linda Goeb, City Administrator
8
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-.&..
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.
9
EXHIBIT C
Albert Villas Second Addition
Final Plat/Final Plan PUD
CC Findings of Fact & Decision
..
Lot Area, Setback, Height and Coverage 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 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 (Jots 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) 1 5 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 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
3BR1,040
sq. ft. above
ground
11
EXHIBIT 0
Albert Villas Second Addition
Final Plat/Final Plan PUD
CC Findings of Fact & Decision
'::;~"'~
, . I\&P
Northern States Power Company
414 Nicollet Mall
Minneapolis, Minnesota 55401-1993
Telephone (612) 330-5500
October 18, 1999
Charles W Plowe
Consulting Engineer
9180 Lexington Avenue NE
Circle Pines, MN 55014
ENCROACHMENT - Albert Villas
Line 0978
Section 2& 11 , Township 120, Range 24
County: Wright
Dear
Our Transmission Engineers have reviewed the Albert Villas encroachment. The
encroachment is acceptable to NSP under the following conditions:
(1) Excavation close to structure location.
A minimum distance of 15 feet of supported earth must be maintained from
any part of the line structure. Support of the ground beyond the 15 feet may
be provided by a slope no greater than three feet horizontal to one foot'
vertical. Support may also be provided by the use of cribbing, sheet piling,
retaining wall or tunneling. The specific plan for providing the required
support and the excavation plan for the proposed plan for the proposed
project must be submitted to NSP for review and approval.
(2) Grade change around structure location.
Fill around or above steel structure foundations is not permitted. The grade
around the structures must provide for surface water runoff _ no surface
water ponding around structures will be permitted. Any cost related to the
adjustment of NSP's facilities will be at the requestors expense.
(3) Grade change within easement.
The ground elevation within the easement shall not be increased above the
existing grade. Stockpiling of soil and/or material within the easement will not
be permitted. You will need to provide grading plans showing proposed
grade one easements and surveyors structure locations. Pond #7 appears
to conflict with Structure #71, and if this is the case, the pond must be
relocated.
EXHIBIT E
f Page 2
1011811999
(4) Clearances to equipment.
A working clearance of 25 feet between the electrical and any cranes or
digging equipment used in or near the easement, must be maintained at all
times. If this clearance cannot be maintained, the contractor or developer
must arrange for a line outage by calling NSP's System Control department
(Carol Andrews 612/330-6135). At least two weeks advanced notice must
be provided in order to schedule a line outage. There is a fee of
approximately $350.00 per day, per outage, for this service. This fee must
be paid prior to outage
(5) Landscaping with the easement.
Detailed plans for landscaping (including light standards) must be submitted
to NSP for review and approval. Generally shorter varieties of trees and
shrubs may be considered. If planting is permitted, the line's voltage and the
tree's mature height and the distance from the line must be considered. For
maintenance purposes there shalf be no planting within 15 feet of structure
sites.
(6) Building on easements.
There shall be no permanent or temporary building allowed on the
easement. The plans show the foundations right next to the easement, and
the roof overhang would be encroaching on the easement and this is not
allowed.
(7) Street lights and signs on easements.
If there are to be street lights, sign boards, identification signs or any other
type of non-building structure within the easement, detailed plans must be
submitted to NSP for review and approval to verify compliance with electrical
code clearances.
(8) Fences on easements.
If the easement area is fenced, gates must be installed to provide access to
NSP for maintenance purposes. chain link or other types of fences using
metal material and constructed on or near an NSP easement should be
properly grounded.
-
.
Page 3
10/18/1999
'-q-'"
(9) Structure Protection.
Where streets, parking lots or other areas are developed which expose
transmission structures to vehicular traffic, steel post or guardrail type
barricades must be installed in accordance with NSP specifications. In some
cases, curbing will provide adequate protection
It is the express condition of this consent that all other terms and conditions of that
certain easement granted by Victor and Clara Berning and recorded as Document
No. 250955, and by William Vetsch and recorded as Document 260273, shall remain
in full force and effect.
To acknowledge receipt of and agreement with the terms of this consent, please
sign this letter and return to my attention.
Thank you for your courtesy and cooperation.
Sincerely,
!f4U 7J~
Terri Boyle .
Real Estate Assistant
612/330-6956
ACCEPTED:
By:
Its
c: Roger Johnson
Steve LaCasse
NH:43094-12
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