2001-12-03 CC Findings of Fact
12-3-01
CITY OF ALBERTVILLE
City Council
Findings of Fact
& Decision
Final Plat
Applicant's Name: Edina Development Corporation Inc. - Albert Villas 4th Addition
Request: Edina Development Corporation Inc., has submitted a final plat for a
subdivision, with a first phase of 64 single-family lots 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 was approved to be zoned R-1 A 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 was approved to allow the low-density residential
proposal in an area previously guided for agriculture and rural development. An ordinance
rezoning to R-1 A, Low Density Single Family has been provided to the City Council.
City Council Meeting Date: December 3,2001
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 Report dated November 28, 2001 from Northwest Associated Consultants is
incorporated herein.
C. 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.
D. The proposed use can be accommodated with existing public services and will not
overburden the City's service capacity.
E. 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.
F. The requirements of Sections 300,400 and 2700 of the Albertville Zoning Ordinance have
been reviewed in relation to proposed plans.
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G. 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).
H. The City Council finds the final plat acceptable. (64 single-family lots with outlots for future
phases).
I. 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.
J. The proposed development will be compatible with present and future land uses of the
area.
K. The proposed use conforms to all applicable Zoning Ordinance performance standards.
L. 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 final plat based on the most current plans and information received to date
subject to the following conditions:
1. A temporary cul-de-sac is provided at the terminus of Kagen Avenue, subject to review
and approval of the City Engineer.
2. Land identified as "Outlot A' on the approved preliminary plat is final platted as Outlot
B and conveyed to the City. The developer is to provide an escrow for all costs of
construction of a future trail within said outlot.
3. All grading, drainage, utility, and construction issues are subject to review and
approval of the City Engineer.
4. The applicant shall pay a cash fee in lieu of parkland dedication equal to $96,000.00.
5. The applicant must enter into a development contract and pay all required fees and
securities required by said document, subject to review and approval of the City
Council.
6. The Council adopts the rezoning ordinance and comprehensive plan amendment.
Adopted by the Albertville City Council this 3rd day of December 2001.
City of Albertville
By:
Attest:
John A. Olson, Mayor
By:
Linda Goeb, City Administrator
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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.
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