2004-10-18 CC Findings of Fact & DecisionCITY OF ALBERTVILLE
City Council
Findings of Fact
~ Decision
Albertville- Hunters Pass Estates
Preliminary Plat
Conditional Use Permit Planned Unit Development
Applicant's Name: Minnesota Development Agency, LLC
Request: Minnesota Development Agency, LLC., submitted an application for a
residential development consisting of 95 single family lots on 76.6 acres. The request
involves the following application approvals:
1. Preliminary Plat
2. Conditional Use Permit Planned Unit Development
Planning Commission Public Hearing Date: September 14, 2004
City Council Meeting Date: October 18, 2004
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 site is bounded on the north by 70t" Street, the east by Maclver Avenue, the
south by Mud Lake, and the west by the Towne Lakes preliminary plat.
B. The Planning Report dated August 24, 2004 from Northwest Associated Consultants
and the City Engineer's report dated September 8, 2004 was prepared for the
application and presented to the Planning Commission.
C. The proposed use can be accommodated with existing public services and will not
overburden the City's service capacity.
D. Traffic generated by the proposed use is within capabilities of streets serving the
property as proposed.
E. The requirements of the Albertville Zoning Ordinance have been reviewed in relation
to proposed plans.
F. 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.
G. The proposed development will be compatible with present and future land uses of
the area.
H. The proposed use conforms to all applicable Zoning Ordinance performance
standards.
I. The proposed use will not tend to or actually depreciate the area in which it is
proposed.
Decision: Based on the foregoing information and applicable ordinances, the City
Council APPROVES the Preliminary Plat and Conditional Use Permit Planned Unit
Development based on the most current plans and information received to date subject
to the following conditions:
Lots
1. The applicant shall provide a directory of setbacks for each lot within the subdivision.
Setbacks for each lot shall meet the following minimum standards:
Front yard setback
Side yard setback
Side yard setback
Side yard setback
Rear yard setback
30+ feet
5 feet garage side
10 feet living space
30 feet on corner lot
30 feet minimum. No building, deck, or other structure
may encroach into the 30-foot wetland setback. No rear
yard or side yard variances shall occur.
2. Each lot shall be 60 feet wide at the front setback line.
3. The rear lot line shall be considered the southeast lot line for all flag lots (Lots 13, 14
of Block 3 and Lots 8, 9, of Block 1).
4. The applicant shall provide architectural standards for the PUD that will define the
minimum house size, minimum garage size, exterior building finishes, accessory
buildings and related structures for City approval.
Streets
1. The applicant shall provide the following street right-of-way:
a. 70t" Street 70-75 feet
b. Maclver 50 feet
c. Local Streets 50 feet
2. The City Engineer shall review and approve all street designs.
3. The applicant shall escrow funds for the future upgrade of 70t" Street and Maclver
Avenue.
4. Access to 70t" Street and Maclver Avenue shall meet County spacing guidelines and
align with streets in Otsego.
a. Lakewood Drive access to 70t" Street shall be temporary. Lakewood Drive shall
be designed with a permanent cul-de-sac. Access to 70t" Street shall be
terminated with the connection of Lakewood with Towne Lakes.
b. Blocks 3 and 4 of the preliminary plat shall be revised to accomplish the following
street improvements:
1) Large Avenue shall be platted with an 80 foot right-of-way centered at the
one-half mile spacing guidelines. Hunters Pass Estates shall dedicate 40 feet
of right-of-way for Large Avenue between 70t" Street and Lakewood Drive.
2) Large Avenue shall be designed with 200 feet of separation/stacking between
70t" Street and Lakewood Drive.
3) The streets in Hunters Pass Estates shall properly align with Streets in the
Town Lakes Subdivision without street jogs.
4) Lakewood Court in Town Lakes shall be extended to intersect with the Large
Avenue cul-de-sac in Hunters Pass Estates.
5) The revised plat and street design shall be submitted for review and approval
of the City.
6) Both Town Lakes and Hunters Pass Estates shall enter into an agreement
with the City that stipulates that the Large Avenue shall be constructed by the
first developer that proceeds with a final plat abutting Large Avenue and the
other subdivision shall reimburse the other subdivision within 60 days of the
street completion.
c. LaSalle Circle is right-in/right-out access.
d. Local streets may be designated to 28-foot street width. The local streets shall
be posted "not parking" on the one side of the street.
Grading/Drainage/VVetland Mitigation
1. The grading and drainage plans shall be subject to the City Engineer's comments of
September 8, 2004.
2. The plat approval is subject to TEP approval of the wetland mitigation plan.
3. All drainage and utility easements shall be properly sized and located subject to City
Engineer approval.
Landscaping Plan
1. The landscaping plan shall be revised to illustrate buffer yards along the plat's
northern and eastern borders.
2. The applicant shall plant two (2) trees (2" minimum caliper) per lot.
Sidewalks
1. Five-foot concrete sidewalks shall be provided on at least one side of all streets.
2. Sidewalks must be located within sidewalk easements if they are located outside the
street right-of-way.
Park Dedication
The City shall credit park dedication fees for Hunters Pass Estates in exchange for
the following:
a. Developer shall negotiate the acquisition of the exception property along 70t"
Street.
b. Developer shall dedication 70 feet of right-of-way from the exception to the City
for 70t" street.
c. The balance of the property shall be combined with the proposed Hunters Pass
Estates Park.
d. Developer shall design and construct the Hunters Estates Park. The park
design shall be reviewed and approved by the Albertville Park Committee. The
park design and construction shall include the following components, or similar
investment approved by the Albertville Park Committee:
1) Landscape buffer yard along 70t" Street and adjoining Lots 5 and 6, Block
2.
2) Tot lot play structure.
3) Half court basketball courk
4) Sand volleyball court
5) Picnic tables
6) Internal park trail
7) Parking area
Additional Conditions
1. The applicant shall provide association documents that establish the following:
a. Maintenance of cul-de-sac islands
b. Housing standards