2001-03-05 FCC Findigs of Fact
3-5-01
CITY OF ALBERTVILLE
City Council
Findings of Fact
& Decision
Preliminary Plat
CUP/PUD
Comprehensive Plan Amendment
Rezoning
Shoreland PUD
Applicant's Name: Edina Development Corporation Inc. - Albert Villas 4th Addition
Request: Edina Development Corporation Inc., has submitted a preliminary plat,
CUP/PUD, comprehensive plan amendment, rezoning and PUD general plan for a 156 lot,
single-family subdivision to be known as Albert Villas Fourth Addition. The subject site is
99.11 acres in size and is located south and east of County Ditch #9 and south to the
Albertville City limits. The site is proposed to be zoned R-1A with a CUP/PUD which allows
for lot width flexibility and a Shoreland PUD which allows flexibility in the lot area and width
requirements within certain distances of Swamp Lake.
A Comprehensive Plan amendment will be necessary to allow the low-density residential
proposal in an area guided for agriculture and rural development. The property is currently
zoned A-1, Agricultural/Rural. Rezoning to R-1A, Low Density Single Family, will be
necessary to accommodate the proposal. A Conditional Use Permit / Planned Unit
Development will be necessary to allow flexibility from the strict provisions of the Zoning
Ordinance related to lot width and under the Shoreland provisions.
Planning Commission Meeting Dates: September 12, 2000, October 10, 2000, November
14,2000, and December 12, 2000
City Council Meeting Date: December 18, 2000 and March 5, 2001
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 Reports and Memorandum dated October 5, 2000, December 6, 2000 and
February 27, 2001 from Northwest Associated Consultants are incorporated herein.
C. The City Council finds the requested Comprehensive Plan amendment to change the land
use designation of the site from Agricultural/Rural to Low Density Residential acceptable.
(The entire 99.1-acre site Comprehensive Land Use Plan designation shall be changed
from Agricultural/Rural to Low Density Residential).
1 Albert Villas Fourth Addition
Preliminary Plat etc
CC Findings of Fact & Decision
D. 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 99.1 acre site Zoning classification shall be
changed from A, Agricultural/Rural to R-1A Low Density Single Family Residential).
E. The City Council finds the requested Schematic and Development Plan CUP/PUD to allow
flexibility of lot width and the streetscape and landscape plans acceptable and in
conformance with the PUD criteria contained in the City's Zoning Ordinance.
F. The proposed use can be accommodated with existing public services and will not
overburden the City's service capacity.
G. Traffic generated by the proposed use is within capabilities of streets serving the property
with phasing as proposed and with an access to Highway 18.
H. The requirements of Sections 300, 400 and 2700 of the Albertville Zoning Ordinance have
been reviewed in relation to proposed plans.
I. 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).
J. The City Council finds the preliminary plat acceptable. (156 single-family lots with park
proposal per attached Exhibit C, for the 99.1-acre parcel located south of County Ditch
#9).
K. 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.
L. The proposed development will be compatible with present and future land uses of the
area.
M. The proposed use conforms to all applicable Zoning Ordinance performance standards.
N. 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 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. An amendment to the Comprehensive Plan to change the land use from Agricultural/Rural
to Low Density Residential shall be processed at the time of Final Plat.
2
Albert Villas Fourth Addition
Preliminary Plat etc
CC Findings of Fact & Decision
2. The property shall be rezoned from A-1, Agricultural Rural to R-1A, Low Density
Residential at the time of final plat.
3. A Shoreland PUD to allow lots to be platted based upon the shoreland tier standard is
incorporated into the PUD agreement.
4. A finallandscape/streetscape plan shall be submitted with species listed and an estimated
cost of the improvements. The final plan shall be subject to the review and approval by
the City Council at the time of final plat. Deciduous trees shall be at least 3 ~" caliper
inches and coniferous trees shall be 4'_6' in height.
5. A Conditional Use Permit to allow the site to be developed as a Planned Unit
Development as submitted in the plans dated January 15, 2001 shall be executed by the
applicant.
6. Security to guarantee the installation of all streetscape and landscape plantings shall be
outlined in the Developer's Agreement and shall be submitted prior to recording the final
plat.
7. Outlot A shall be deeded to the City at the time of final plat.
8. A trail shall be constructed by the developer in Outlot A at the time of installation of the
roadways.
9. The Developer shall install sidewalks as outlined in the approved plan at the time of
roadway construction.
10. Park dedication shall be fees in lieu of land and shall be paid in the amount in effect at the
time of final plat.
11. Only Lots 1-6, Block 1; Lots 1-28, Block 2; Lots 14-19, Block 8 and Lots 1-24, Block 9 may
be platted until and unless Underwood Lane is extended to Highway 18.
12. Both Kagen and Kaiser Ave. connections shall be built with Phase 1.
13. A temporary cul-de-sac shall be required at the end of Kagen Ave. until it is extended to
Highway 18
14.A PUD/development agreement shall be drafted by the City Attorney that incorporates the
plans as approved (or modified) and all conditions included herein.
15. The Concept Plan dated December 4, 2000 is only approved to accommodate access.
No approvals are granted for the lot layout or lot sizes. The area is subject to separate
development processes related to zoning and subdivision.
16. The developer shall install uniform mailboxes.
17. The access location to Highway 18 is subject to the review and approval of Wright
Cou nty.
18. Street names shall be modified to follow the County grid system.
19. Enhanced streetscape and landscape plans acceptable to the City that include trees that
are at least 2 ~ " caliper in size shall be provided and installed in areas previously platted
as Albert Villas 1st, 2nd, 3rd or East Additions.
20. Trail accesses shall be provided into the cul-de-sac and shall be approved with the final
plat.
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.
3
Albert Villas Fourth Addition
Preliminary Plat etc
CC Findings of Fact & Decision
Adopted by the Albertville City Council this 5th day of March 2001.
Attest:
~a
By ~ . L-,_ I'--d'--
. In. a Goeb, City Administrator
City of Albertville
By:
4
Albert Villas Fourth Addition
Preliminary Plat etc
CC Findings of Fact & Decision
Attest:
By:
Linda Goeb, City Administrator
4
Albert Villas Fourth Addition
Preliminary Plat etc
CC Findings of Fact & Decision
. .
EXHIBIT A
LEGAL DESCRIPTION OF ALBERT VILLAS 4th Addition
That part of the North Half of the Northwest Quarter lying southerly of County Ditch and Lot 1,
all in Section 11, Township 120, Range 24, Wright County, Minnesota.
And
The South 10 rods (165.00 feet) of the South Half of the Southeast Quarter and that part of the
East Half of the Southeast Quarter of the Southwest Quarter, all in Section 2, Township 120,
Range 24, Wright County, Minnesota.
5
Albert Villas Fourth Addition
Preliminary Plat etc
CC Findings of Fact & Decision
3-5-01
CITY OF ALBERTVILLE
City Council
Findings of Fact
& Decision
Preliminary Plat
CUP/PUD
Comprehensive Plan Amendment
Rezoning
Shoreland PUD
Applicant's Name: Edina Development Corporation Inc. - Albert Villas 4th Addition
Request: Edina Development Corporation Inc., has submitted a preliminary plat,
CUP/PUD, comprehensive plan amendment, rezoning and PUD general plan for a 156 lot,
single-family subdivision to be known as Albert Villas Fourth Addition. The subject site is
99.11 acres in size and is located south and east of County Ditch #9 and south to the
Albertville City limits. The site is proposed to be zoned R-1A with a CUP/PUD which allows
for lot width flexibility and a Shoreland PUD which allows flexibility in the lot area and width
requirements within certain distances of Swamp Lake.
A Comprehensive Plan amendment will be necessary to allow the low-density residential
proposal in an area guided for agriculture and rural development. The property is currently
zoned A-1, Agricultural/Rural. Rezoning to R-1A, Low Density Single Family, will be
necessary to accommodate the proposal. A Conditional Use Permit / Planned Unit
Development will be necessary to allow flexibility from the strict provisions of the Zoning
Ordinance related to lot width and under the Shoreland provisions.
Planning Commission Meeting Dates: September 12, 2000, October 10, 2000, November
14, 2000, and December 12, 2000
City Council Meeting Date: December 18, 2000 and March 5, 2001
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 Reports and Memorandum dated October 5, 2000, December 6, 2000 and
February 27,2001 from Northwest Associated Consultants are incorporated herein.
C. The City Council finds the requested Comprehensive Plan amendment to change the land
use designation of the site from Agricultural/Rural to Low Density Residential acceptable.
(The entire 99.1-acre site Comprehensive Land Use Plan designation shall be changed
from Agricultural/Rural to Low Density Residential).
1 Albert Villas Fourth Addition
Preliminary Plat etc
CC Findings of Fact & Decision
D. 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 99.1 acre site Zoning classification shall be
changed from A, Agricultural/Rural to R-1A Low Density Single Family Residential).
E. The City Council finds the requested Schematic and Development Plan CUP/PUD to allow
flexibility of lot width and the streetscape and landscape plans acceptable and in
conformance with the PUD criteria contained in the City's Zoning Ordinance.
F. The proposed use can be accommodated with existing public services and will not
overburden the City's service capacity.
G. Traffic generated by the proposed use is within capabilities of streets serving the property
with phasing as proposed and with an access to Highway 18.
H. The requirements of Sections 300, 400 and 2700 of the Albertville Zoning Ordinance have
been reviewed in relation to proposed plans.
I. 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).
J. The City Council finds the preliminary plat acceptable. (156 single-family lots with park
proposal per attached Exhibit C, for the 99.1-acre parcel located south of County Ditch
#9).
K. 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.
L. The proposed development will be compatible with present and future land uses of the
area.
M. The proposed use conforms to all applicable Zoning Ordinance performance standards.
N. 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 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. An amendment to the Comprehensive Plan to change the land use from Agricultural/Rural
to Low Density Residential shall be processed at the time of Final Plat.
2
Albert Villas Fourth Addition
Preliminary Plat etc
CC Findings of Fact & Decision
2. The property shall be rezoned from A-1, Agricultural Rural to R-1A, Low Density
Residential at the time of final plat.
3. A Shoreland PUD to allow lots to be platted based upon the shoreland tier standard is
incorporated into the PUD agreement.
4. A finallandscape/streetscape plan shall be submitted with species listed and an estimated
cost of the improvements. The final plan shall be subject to the review and approval by
the City Council at the time of final plat. Deciduous trees shall be at least 3 %" caliper
inches and coniferous trees shall be 4'-6' in height.
5. A Conditional Use Permit to allow the site to be developed as a Planned Unit
Development as submitted in the plans dated January 15, 2001 shall be executed by the
applicant.
6. Security to guarantee the installation of all streetscape and landscape plantings shall be
outlined in the Developer's Agreement and shall be submitted prior to recording the final
plat.
7. Outlot A shall be deeded to the City at the time of final plat.
8. A trail shall be constructed by the developer in Outlot A at the time of installation of the
roadways.
9. The Developer shall install sidewalks as outlined in the approved plan at the time of
roadway construction.
10. Park dedication shall be fees in lieu of land and shall be paid in the amount in effect at the
time of final plat.
11. Only Lots 1-6, Block 1 ; Lots 1-28, Block 2; Lots 14-19, Block 8 and Lots 1-24, Block 9 may
be platted until and unless Underwood Lane is extended to Highway 18.
12. Both Kagen and Kaiser Ave. connections shall be built with Phase 1.
13.A temporary cul-de-sac shall be required at the end of Kagen Ave. until it is extended to
Highway 18
14.A PUD/development agreement shall be drafted by the City Attorney that incorporates the
plans as approved (or modified) and all conditions included herein.
15. The Concept Plan dated December 4, 2000 is only approved to accommodate access.
No approvals are granted for the lot layout or lot sizes. The area is subject to separate
development processes related to zoning and subdivision.
16. The developer shall install uniform mailboxes.
17. The access location to Highway 18 is subject to the review and approval of Wright
County.
18. Street names shall be modified to follow the County grid system.
19. Enhanced streetscape and landscape plans that include trees that are at least 2 % "
caliper in size shall be provided and installed in phases 1-3.
20. Trail accesses shall be provided into the cul-de-sac and shall be approved with the final
plat.
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.
3
Albert Villas Fourth Addition
Preliminary Plat etc
CC Findings of Fact & Decision
Adopted by the Albertville City Council this 5th day of March 2001.
Attest:
~~
B :._......../ ~.. ...~-~
in a Goeb, City Administrator
City of Albertville
By:
4
Albert Villas Fourth Addition
Preliminary Plat etc
CC Findings of Fact & Decision
. .
EXHIBIT A
LEGAL DESCRIPTION OF ALBERT VILLAS 4th Addition
That part of the North Half of the Northwest Quarter lying southerly of County Ditch and Lot 1,
all in Section 11, Township 120, Range 24, Wright County, Minnesota.
And
The South 10 rods (165.00 feet) of the South Half of the Southeast Quarter and that part of the
East Half of the Southeast Quarter of the Southwest Quarter, all in Section 2, Township 120,
Range 24, Wright County, Minnesota.
5
Albert Villas Fourth Addition
Preliminary Plat etc
CC Findings of Fact & Decision