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2000-06-01 PUD Final Plan, Final Plat, Resol, Ord f JUN-01-2000 12 29 NAC 612 5S5 9837 P 02/13 .. N NORTHWEST ASSOCIATED CONSULTANTS COMMUl'PTVfDL.ANNINO. DESIGN - MA~KE:T Re:SE::ARCH PLANNING REPORT TO- AlbertVille Mayor end City CounCil Linda Goeb, CIty Administrator FROM DATE RE Deb Garross, Senior Planner 1 June 2000 AlbertVille - Albert Villas . PUD Final Plan . Final Plat . Adopt Resolution 2000 - _ Changing the Comp Plan Land Use from Ag/Rural to Low Density Residential . Adopt Ordinance 2000 - _ Rezoning the site from A-1 to R-1A FILE 16306-00 17 BACKGROUND Edina Development corporaba'llnc, has submitted the final plat and PUD final plan of "Albert Villas H The current submittal represents the first stage of development for the Albert Vma! 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 COnsists of 41 lots located In the northwest part of the PUD project area The original approval for the overs" project Included rezoning and a ComprehenSive Plen amendment to change the deSIgnatIon of the SIte from agricultural/rural to low denSity (esldentlal The Implementation of the rezoning and Comprehensive Plan amendment IS to take place at the time of final plat 1l1erefore. an Ordinance rezoning the site and a Resolution Implementing the ComprehenSive Plan amendment have been Induded for City CounCil formal adoption In addition to the final platlPUD final plan See exhibits C and 0 of the attached City Council Findings of Fact for reference to the Ordinance and Resolution Implementing the rezonmg and Comprehensive Plan amendment Attachments Site Location Map Final Plat Maps Draft FIndings of Fact and Recommendation Page 1 5775 WAYZATA eOULEVARD, SUITE 555 ST LOUIS PARK. MI~NESOTA 5541 E5 PHONE 6 12 Sg5.g636 FAX 6 I z.sgS-gS3 7 JuN-01-2000 12 30 ~AC 612 595 9837 P 03/13 Exhibit A - Site Legal Desa1ptlon exhibit B -1-18..00 Prehmlnary PlatIPUD Findings of Fact exhibit C - Resolution Implementing the Comprehensive Plan Amendment Exhlbtt 0 - OrdInance Implementing the rezoning exhibit E - Table IndIcating the lot area, setback. and dimension fleXibility applicable to the final plat EXecuTIVE SUMMARY The City CounCIl approved the Comprehensive Plan amendment, rezoning, CUP/PUD and prelimInary plat of Albert Villas on January 1 B, 2000 subject to a number of conditions outhned In the Findings of Fact and approval A copy of the preliminary platlPUD conditions IS attached to the draft Findings of Fact and Decision for the final plat/PUD as Exhibit B The final plat/PUD has been reviewed based upon the applicable Zoning and SubdivIsIon Ordinance reQuirements as vvell as the conditions of approval from January 18, 2000 The requested approval of the tinal plat and final PUD plan, requires that the City CounCil consIder the applications In relatIon to established Zoning and SubdIVISIon Orcllnance fEMew cntena and ComprehenSive Plan poliCies The deCISion to approve or deny the final p1at/PUD IS Vlewed as a polley deCISIon to be made by the City CounCil Should the Council find the submitted plans acceptable, It IS recommended that the follOWIng condmons be Imposed 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 given to the City subject to the approval of the CIty Engineer 3 The final plat IS amended to show a draInage and utlllty easement over the area shown as Outlot A. 4 A street lIghting plan IS submitted speafylng the style, height, strength/wattage and distribution of hghts 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 Wnght County shall be obtained by the applicant 6 A temporary tum-around faCility and roadway easement IS prOVIded at the west end of 53rd Street and at the southern end of Kahl Avenue, confolTmng to the cul-de-sac requirements of the SUbdivIsion Orchnance, acceptable to the City Engineer 7 The developer satisfies park dedIcation requirements as speafied In the PUD development agreement Page 2 JUN-01-2000 12 J0 NAC 6~2 595 ge37 P 34/13 7 An asphalt trail IS constructed along the south Side of CSAH 1 e (Within the nght-<>f-way), subject to the approval of the City Engineer 8 The applicant submits letters from NSP and Amoco Identlfymg that each enttty has reviewed the plans and found them to be acceptable 9 Deed restrictions, In a form acceptable to the City Attorney are filed WIth the Wnght County Recorder of Deeds for all lots adjacent to or containing NSP and/or Amoco pipeline easements Indicating that no structures can be bUilt Within the easement areas 10 The applicant provIdes the City wrth a copy of the lot sales literature that Will be distributed to future 1'10meowners, Identlfymg NSP and Amoco easement building restnctlons, the 20' required wetland setback area bUilding restnctlons, access easements to all storm water management ponds 11 The applicant provides the City With the proposed means to disclose the location of all parks, Sidewalks and trails to future, prospective lot owners 12 A property maIntenance agreement and property owners association covenants are prepared by the apphcant and submitted to the City Attomey for review and approval subject to the reqUirements of Sections 1100 and 2700 of the City Zoning Ordinance The agreements. covenants, and restnctions are to be filed WIth the wnght County Recorder's office as a deed restncnon against the title of each lot, at the time of final plat 13 The developer Indicates the timing and method for removing and/or relocating the exlstlng buddlngslocated on the subject site consistent WIth Sections 1400-1 end 900 of the Zoning Ordinance 14 The developer Inchcates the proposed use of model homes COnsistent With Section 2200 of the Zoning Ordinance 15 The final plat IS amended to delete Outlots A and B and extend the lot lines of Lot 1, Block 1 and Lots 1 through 9, Block 2 to the west edge of the plat 16 The screening consisting of Ii berm and staggered rows of evergreen trees on the norltler1y Side of Lot 1, Block 1 and Lots 8, 9 and 10, Block. 1, (Concept Phasing and Landscape Plan of Albert Villas 2-8-00). shell be planted/constructed prior to ISSuance of a bUilding permit for each respective lot. 17 The front and SIde yards (andfor any other yard which abuts a public street) of all lots shall be sodded Rear yards 'Atllch do not abUt a public street may be seeded and mulched 18 A mInimum of one shade tree cr evergreen tree, conforming to the mInimum Size and speCIes requirements of the Albertville Zonll"lg Ordinance shall be planted prior to ISSuance of an occupancy permIt for each lot Within the final plat Page 3 JUN-01-2000 12 31 ~AC 612 595 '3837 P 05/13 19 AtI escrow for the landscape/screening materlsls In the amount equal to 150% of the estimated cost for said matenals, IS provided to assure installation and sUlVlvabllity of all required plantlngs (All new plants shall be guaranteed for two full years from the time the plantIng has been completed) 20 If a subdIVISion Identification sign IS desIred by the developer to Identrfy the Albert Villas development, a sign plan IS submitted for reView and approval of the City Planner Deed restnctJons, covenants or other appropriate documentation shall be provided to Identify that the pnvate homeowners assoClabon 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 $Ign 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 Wnght County 21 The developer shall enter Into a Planned Unit Development agreement, \Nhlch Includes all development plans and speCificationS, and specific land use and performance standards that must be adhered to throu~out the life of the PUD SaId document WIll set forth the schedule, required financial security, amount and method of payment to satlsfy payment of park dedication and other fees for the final plat The PUD agreement shall be approved by the City Attorney 22 A current title opinion or commItment of title Insurance IS submItted acc:eptable to trle 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 a building permit for either lot 24 All fees assoCiated With thiS project shall be paid pnor to the release of the final plat mylars to the applicant 26 The final plat, developer's agreement and all pertment documents must be filed With Wnght County WithIn 120 days from the date of City CounCIl approval of the final plat Failure to record the documents by October 3, 2000 Will render the final plat null and VOid 26 Any other conditions as set forth by the City Councll, CIty staff, City Consultants or other agency responsIble for reVIew of thIS application DISCUSSION The final platlPUO has been found by our reView, to be In substantial compliance With the preliminary platlPUO The are several outstanding conditions of prelIminary plat approval which have been CIted again, as final plat conditions The outstanding conditIons relate to the deed restrictions, covenants and home O'MIer association agreements that should have been subrrntted with the prelimInary plat The situation as understood by our office IS that the Page 4 JU~-01-2000 12 32 NAC 612 595 9837 P 06/13 onglnal developer, K C land Company IS no longer the pnmary developer for the prOject and that the construction of the project haS been taksn over by the current applIcant, Edina oevelopment Corporation The current applicant WIll need to resolve the deed restnctlon matters assoCIated with the bUilding restrlctJons WIthin the Amoco and NSP easements as well as the numerous wetland setbacks, pnor to the release of the final plat and pnor to Issuance of any bUilding permIts for the site The subject site contams 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 vanous easements To ensure that prospective buyers are Q\N8re of the bUilding restrictions, conditions of approval require the developer to Incorporate the restrictions U1 home owner aSsOCIation agreements or other deed restrictions that will be filed With Wnght County for each lot Additionally, the developer IS required to pro\f1de the City With copies of sales literature Idenbfylng the location of the easements as vvell as all of the future park, trail and sidewalk Improvements assoCIated Wlth the project RECOMMENDATION To assist the City Council In formulating ds 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 IS VIewed as e 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 condlttonally approve the PUD final stage plan of Albert Villas 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 pursuant to the COnditionS of the attached findings of Fact and DeclSlon 3 A motion to adopt Resolution 2000-_ (Exhtt)lt C of Finding of Fact) Implementing the Comprehensive Plan amendment for the first stage of the development 4 A motion to adopt Ordinance 2000- _ (Exhibit 0 of Findings of Fact) implementing the rezoning for the flrst stage of the development pc Mike Courl. Pete Carlson, Wayne Stark, KeVin MealhouS8, Chad elchos, Denise Johnson, Edina Development Corporation, Matt Davltch page 5 JUtH31-2000 12 32 t~AC 612 595 9837 P 37/13 JUN-01-2000 12 33 I~AC 6125959837 P 38,13 6-5-00 CITY OF ALBERTVILLE City Council Findings of Fact & Decision - r::'jnal Plat - PUD Fmsl Plan Applicant's Name: Albert Villas - Edina Develooment Corooratlon Inc. Request: Edina Development Corporation Inc, has submitted the final plat and PUD final plan plans for a 41 lot, single family subdIvIsIon to be known as Albert Villas The final plat IS the first phase of development for the Albert Villas PUD which was approved by the City Councilor"] January 18, 2000 for development of 170 slngle~famlly lots The subject site IS located In the south\Nest part. of the City, \NIth St MiChael bordering the site to the \\est. CSAH 16 bordenng the site to the northeast The subject Site is zoned R.1A WIth an approved CUPIPUD which allows for lot area, WIdth and sett)ack flexibility City Council Meeting Date: 5 June 2000 Findings of Fact: Based on review of the application and eVidence received, the City Council now makes the follO'lMng finding of fact and deCIsion A The legal descnptlon of the subject property IS attached as Exhibit A B The City Counal Findings of Fact and Recommendation for the ComprehenSIve Plan Amendment, Rezoning, CUPIPUD (Concept PUD and Development PUD) and preliminary plat (dated 1-18-00) are incorporated herein (Exhibit B) C The Memo dated 31 May 2000 prepared by NAC IS Incorporated herein o The letter dated May 11. 2000 prepared by S E H IS Incorporated herein (Exhibit F) E The Comprehensive Plan Land Use Plan designation of the subject site IS changed from AgnculturallRural to Low DenSity Residential plI'suant to CIty CounCIl Resolution 2000- _ (exhIbit C) F The Zoning Dlstnct designation for the subject site IS changed from A-1, AgnculturallRurel to R-1~ Low DenSity Single Fanllly pursuant to City of Albertvtlle Ordinance 2000- _ (exhibit D) G Approval of a CUP/PUD for the subject Site was granted by the City Cour'lcll subject to the proVisions and fleXibility conSiderations outlined In the Findings of Fact and Decision dated 1-18-2000 (Exhibit B) H The pun lot area, setback and dimenSion standards which are applicable to the final 1 Alben Villas Final Plat Findings 01 Fact & OeaSlon JUN-01-2000 12 34 NAC 012 595 9837 P 09/13 plat are attached as Exhibit E The final plat of Albert V,llas (with the COnditions of approval outlined herein) IS In substantial compliance WIth the approved CUPIPUD and preliminary plat Decision: Based on the foregoing considerations and applicable ordinances, the final plat and PUD final plan fA Albert Villas IS approved based on the most current plans and Information received to date, subject to the follCMllng conditIons 1 All final transportation, grading, drasnage, and utility plans are subject to reView and approval of the City Engineer 2 All easements are dedicated and/or given to the City subject to the approval of the City Engineer 3 The final plat IS amended to show a drainage and utility easement over the area shown as Outlot A 4 A street lighting plan IS submitted specifying the style, helgh~ strengthlwattage and distribution of lights proposed INIthln the development Said lighting plan and the location of lights shall be subject to review and approval of the City Engineer 5 All required dnveway, utlhty, trail and other permits required by the City Engineer and/or Wnght County shall be obtained by the applicant 6 A temporary tum-around facilIty and roadway easement IS prOVided at the west end of 53rd Street and at the southem end of Kahl Avenue, conforming to the cul..de-sac requirements of the SUbdIVIsion Ordinance, acceptable to the City Engineer 7 The developer satisfies park dedication requirements as specified In the PUD development agreement 7 An asphalt trail IS constructed along the south Side of CSAH 18 ('Mthln the nght-of-way), subject to the approval of the City EngIneer 8 The applicant submits letters from NSP and Amoco ldentrfymg that each entity has reVIewed the plans and found them to be acceptable 9 Deed restrictions, In a form aooeptable to the City Attorney are filed With the Wright County Recorder rJ Deeds for all lots adjacent to or containing NSP and/or Amoco pipeline easements Indicating that no structures can be bUIlt within the easement areas 10 The applicant prOVides the City With a copy of the lot sales literature that Will be distributed to future hOm8O\M1er5. Identifying NSP and Amoco easement bUilding restrictions, the 20' required INBtland setback area building restnctlons, access easements to all stann water management ponds 2 Albert Villae Final Plat Findings of Fad & DeCISion JUN-01-2000 12 34 '4AC 612 595 9837 P 10/13 11 The applicant provides the City wlth the proposed means to disclose the location of all parks. sidewalks and trails to future. prospective lot O'M'Iers 12 A property mamtenance agreement and property 0'M'ler8 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 restnctJons are to be filed With the Wnght County Recorder's offICe as a deed restriction against the trtIe of each lot, at the tune of final plat 13 The developer Indicates the timing and method for removing end/or relocating the eXlstlng buildings located on the subjed site consistent with Sections 1400-1 and 900 of the Zoning Ordinance 14 The developer IndICates the proposed use of model homes consistent WIth Section 2200 of the Zoning omlnance 15 The final plat IS amended to delete Outlots A and B and extend the lot lines of Lot 1, Block 1 and Lots 1 through 9, Block 2 to the west edqe of the plat 1 e The screening consisting of a berm and staggered rows of evergreen trees on the northerly side of Lot 1, Block 1 and Lots 8, 9 and 10, Block 1, (Concept PhaSing and Landscape Plan of Albert Villas 2-8-00), shall be planted/constructed prIor to Issuance of a bUilding permit for each respective lot 1 7 The front and Side yards (and/or any other yard which abuts a public street) of all lots shall be sodded Rear yards whIch do not abut a public street may be seeded and mulched 18 A minimum of one shade tree or evergreen tree, conforrmng to the minimum size and sp8CIes reqUirements of the AlbertvIlle Zorllng Orc:hnance shall be planted prior to Issuance 01 an occupancy permit for each lot WIthin the final plat 19 An esaow for the landscapeJsaeentng materials In the amount equal to 150% of the estimated cost for said matenals. IS proVIded to assure InstallatJon and survivability of all required plantlngs (All new plants shall be guaranteed for two full years from the time the planting has been completed) 20 If a subdiVISion identification Sign IS deSIred by the developer to IdentJry the Albert Villas development, a sign plan IS subrmtted for review and approval of the City Planner Deed restnctlons, covenants or other appropriate documentation shall be prOVided to Identlfy that the private homeowners association shall be responSible for the maintenance of the grounds as YJeIl as the eubdlvI810n sign In perpeturty Said documents shall also prOVide a clause allOWIng the City to remove the sign In the event thai: It IS not maintained The written documentation shall be sUbJed to reView and approval of the City Attorney and filed 'Mth Wnght County 3 Albert Villas Final Plat Findings of Fact & DeCISion JUN-01-2000 12 35 NAC 612 595 9837 P 11/13 21 The developer shall enter Into a Planned Umt 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 secunty, amount and method of payment to satisfy payment 01 park dedicatJon and other fees for the final plat The PUD agreement shall be approved by the City Attorney 22 A current title opinion or commitment of title Insurance IS stbmltted 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) pnnts pnor to Issuance of a building permit for either lot 24 All fees associated WIth thrs project shall be paId prior to the release 01 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 by October 3,2000 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 5th day of June 2000. City of Albertville By John A Olson, Mayor Attest By Linda Goeb, City Administrator pc LInda Goeb, KeVin Mealhouse, MIke Coon, Pete Carlson, Wayne Stark, Chad etchos, Denise Johnson, Edina Development Corporation Inc and Matt Davltch 4 Albert Villas Final Plat FindIngs of Fad & DeciSion JUN-01-20a0 12 36 NAC 512 595 9837 P 12/13 EXHIBIT A L.EGAL DESCRIPTION The West Half of the Southwest Quarter In Section 2, TownshIp 120, Range 24, Wright County, Minnesota, except that part of the West Half 01 said Southwest Quarter lying northeasterly of the centerline of County State AId Highway No 18, formerly known as County Highway No 118 And The Southeast Quarter of the Southwest Quarter In Section 2, Township 120, Range 24, Wright County, Minnesota, except tt'lat part lyJng northeasterly of County state A,d HIghway No 18, formerly known as County HIghway No 11 a, and also excepting that part lYing easterly and southerly of County Ditch No 9 And That part of the West Half of the Southwest Quarter of the Southeast Quarter of Section 2, Township 120, Range 24, Wright County, Minnesota, lYing southerly of County State Aid Highway No 18, formerly known as County HlgttNay No 118, and westerly of County Ditch No 9 And That part of the Northwest Quarter of Sectton 11, TownshIp 120, Range 24, Wnght County, Minnesota, lying northerly of County Ditch No 9 5 EXHIBIT A Albert Villas FII'\81 Plat Findings of Faa & DeCISion JU~-01-2000 12 36 NfCiC 612 535 9837 P 13/13 1-18-00 CITY OF AlBER1VILLE City Council Findings of Fad & Decision ComprehensIVe Plan Amendment Rezoning CUP/F'UO Prellmmary Plat Applicant Name: KC. Land Camcen'll. Kerth Harstad -A1berBllllas Request: KC Land Company has submitted plans for development of 336 single-famIly lots as part of the Albert Villas project The subject Site contains 235 17 acres of land, which IS bounded on the east by Swamp lake, the north by CSAH 18, the south and west by the City of St Michael The PUD concept plan covers the entire land holdings of the applicant The developer desires to preliminary plat the part of the 81te (approXimately 13675 acres located north of County Ditch #9) Into 177 Single-family lots A Comprehensive Plan amendment 'Mil be necessary to allow the low density resldentlsl proposal In an area gUided for agnculture and rural devel ment The property IS currently zoned A.1. AgnculturallRural Rezoning to R-1A, law Single Family, will be necessary to accommodate the proposal A Condltronal Use lanned Umt Development Will be necessary to allow fleXibility from the strl I 'Filthe onlng Ordtnance related to setbacks, lot area, and width A prellml de of the north 136 75 acres of the site WIll be necessary to alltIJ,:IO Of ~rfe ts as proposed Planning Commission M'~Da .~.JlJber 1999, 12 October 1999. 9 NovemDer 1999 and 14 December 1999 H~~ remanded conSideration of park ISSueS back to the Planning Commission on at 11 January 2000 meeting) City Council Meeting Dat : 3 January 2000. 18 January 2000 Findings of Fact: Based upon reView' of the application and eVidence received, the CIty Council now makes the folloWing findings of fact and deCiSion a The legal descnpbon of the subject property 18 attached a8 Exhibit A b The Planning CommiSSion Findings of Fact and Recommendation for the ComprehenSive Plan Amendment, Rezornng, CuP/pun (Concept PUD and Development PUD) are Incorporat9d herein c The Planning Commission Findings of Fact and Recommendation for the prellmmary plat 1$ Incorporated herein 6 EXHIBIT B Albert Villas Final Plat FU'ldlngs of Fad & DeCISion TOTAL P 13 JUN-01-2000 12 43 NAC 612 595 98~7 P 01/12 d The Plann!ng Report, dated 8 September 1999, Memorandum, dated 2 November 1999. and Planmng Report, dated 7 December 1999 prepared by NAC Ino. are Incorporated herein e The memorandum from Pete Carlson dated October 8, 1999 IS Incorporated herein f The letter from BP Amoco Pipeline dated November 18, 1999 Is Incorporated herein g The City CounCIl finds the requested ComprehenSive Plan amendment to change the land use designation of the subject site from AgrtculturalJRural to LO'N Density ReSidential acceptable (The entire 23517-acre subject site Comprehensive Land Use Plan deSignation shall be changed from Agricultural/Rural to Low DenSity ReSldentlal) h The City CounCIl finds the requested rezoning from A, Agricultural/Rural to R-1A Low Density Single Family acceptable and In confol1Tlance WIth the rezoning altena contained In the City's Zoning Ordinance (The entire 235 17 acre subject site ZOning classificatIon shall be ctIanged from A, Agricultural/Rural to R-1A Low Density Single Family ResidentIal) I The City Counal finds the requested SchematiC velopment Plan CUPIPUD to allow fleXIbility of lot WIdth, area, and s U1rements acceptable and In conformance With the PUD enterla contal ~ Zoning Ordinance, (for the 136 75-acre parcel located north of "!>,;t ilCf The proposed lot area, ~ t and C'1>>/l. ~qUlrements Identified on exhibit B are acceptable as part of ~.!~~~lII~lopment Plan CUP/PUD for the 136 75- acre parcel located nort ,~~1'l1'IIfJ) k The City CounCIl findsttl-.r:nary plat acceptable. (170 Single famIly lots 'NIth park proposal per attached ~hrblt C, for the 136 75-acres parcel located north of County Ditch #9) 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 m T1e proposed development will be compatible with present and future land uses of the area n The proposed use conforms WIth all applIcable ZOning Ordinance performance standards o -rhe propoSed use Will not tend to or actually depreCIate the area In \Nhlch It 18 proposed 7 EXHIBIT B Albert Villas Final Plat Findings of Fact & DeCISion JUN-01-2000 12 44 NAC 612 =95 9837 P J2/12 p The proposed use can be accommodated WIth existing public ServIceS and Will not overburden the CIty'S service capacity q Traffic generated by the proposed use IS WIthin capabilities of streets serving the property r The reqUirements of Sedlons 300. 400 and 2700 of the Albertville ZonIng Ordinance have been reviewed In relation to proposed plans s The City has adopted a negative declaration for the EAW concernmg this project (EAW Negative Declaration was adopted by the City Council on January 3, 2000) Decision: Based on the foregoing information and applicable ordinances, the City CouncIl APPROVeS the ComprehensIVe Plan amendment, rezoning, condItIonal use perrmtlplanned umt development and preliminary plat based on the most current plans and Information received to date subject to the follOWIng conditions ,of i The Albertville ComprehenSive land Use Plan IS amended to change the land use from agnculturaUrural to low density reSidential for the entire 235 17 -acre subject Site (Including both the parcels on the north and south Sides of County Ditch #9) Said amendment shall not be placed Into effect until ~Mlme as the final plat IS approved by the CIty .L "'V p The entire 25 17.acre subj9ct Sl!t r'I.bot eels on the north and south Sides of County DItch #9) IS rezo m A- I to R-1A Low Density SIngle Family Said rezonIng ",,~ placed n unttl such a time as the final plat IS approved by the City J ,. . S fI., A CondItIonal Use P Development IS approved to allow fleXibility for lot WIdth, area, and set outlined on attached ExhIbits 8 and park areas as set forth on ExhIbit C for the 75-acre parcel located north of County DItch #9 A Planned Unit Development agreement IS prepared which Includes all development plans and specIfications, and specific land use and performance standards, 'WhIch must be adhered to throughout the life of the PUD. The City Attorney shall approve said document 2 3 4 s The prelimInary plat of Albert Villas IS approved for the development of 170 lots and a 6 9-acre park, subject to the condItions outlined hereIn 6 The number of building permits that WIll be Issued to the projeCt Shall be limited to 50 until such a time as the enbre length of Kahl Avenue/47th StreetlKallard Avenue IS Installed to proVide a secondary access to the development 8 EXHIBIT B Albert Villas FInal ~at Flndll1gS of Fad & DeCISIOn JUN-01-20a0 12 45 NAC ~12 595 99~7 P 03/12 7 The City'S park and trail dedication requirements are satisfied as dIscussed harem The park land dedication shall consist of approximately 69 acres of land (as shown on exhibit C) located southeast of the Intersection of !<ahl and Kaiser Avenue The land comprises approXImately 71 % of the required dedication for the preliminary plat A cash contnbullon of approximately $64,090 dollars Will also be required (The specific land and cash amounts Will be determined at the time of final plat With land calculations and/or land value information to be prOVided by the applicant) The area south of County DItch ~ Will require an additional park dedication of 9 8 acres at the time later phases of the prOJect are platted A trail and Sidewalk system shall be constructed as shown on the preliminary plat and the cost for InstallabOl'l of these systems be counted as aedft toward the above mentioned park dedIcation reqUl The preliminary plat IS arne t8 ~ ~to\Yn along the north SIde of 5200 Street and along thei eT~' , Slock 4 The preliminary Iltli8nend I e en asphalt trail along the south SIde of CSAH 1 a as OP~;d t Ik at IS shown . The prelrmlna mended to delete park A and etther extend the lot lines of adjacent lots - ,Block 12 or plat the area as an outlot for storm water management purposes Park. dedication credit should not be given for thiS area, as It is not usable for reaeabon purposes, With the exceptIon of the trail corridor, which shall be credited pursuant to the SubdIVision Ordinance 9 All grading, drainage, UtilIty, wetland mItIgation and transportatIon Issues shall be subject to review and approval of the City Engineer a Based upon the CIty'S SUbdiVIsIon Ordinance a 10% park land and/or cash dedu:atlon IS required "for the total subdiVISIon area" Said dedicatIon IS equal to approximately 19 5 acres for the entire project, (both the areas north and south of County Ditch #9) cash or combination of land and cash as detenntned by the City Council b C d e f 10 A complete set Of revised preliminary plat and PUD plans (1" -100' scale and one copy reduced to 11" x 17") shall be submitted to the City of Albertville, Crty Planner (NAC Inc,) and the City Engineer (5 E H.), WIthin 30 days of City Council approval, Incorporating all conditions of approval The prellmmary plat and PUD will serve as the gUide for all future final plat applications for thiS proJect. 9 EXHIBIT B Albert Vdlas FInal Plat Flncltngs of Fact & Oeouillon JU~-01-2000 12 45 NAC 612 595 9837 P 04/12 11 The applicant shall file deed restnctlons With the Wnght County Recorder of Deeds for all lots adjacent to or containing NSP and/or Amoco pipeline easements indicating that no structures can t)e bUilt Within the easement areas 12 The applicant shall proVide the City With a copy of the lot sales literature that WIll be dlstnbuted to future homeowners, IdenbfYlng NSP and Amoco easement building restnctlons, the 20' required wetland setback area bUilding restrictions and the means to disclose the location of all parks to future lot 0Wl8rs 13 A property maintenance agreement and property owners assoCIation covenants are prepared by the applicant and submitted to the City Attomey for review and approval subject to the reql.urements of Sections 1100 and 2700 of the City ZonIng Ordinance The agreements, covenants, and restnctlons are to be filed with the Wnght County Recorder's office as a deed restriction against the btle of each lot, at the time of final plat 14 The applicant submIts documentation from NSP and Amoco Idenb'fylng that each entity has reviewed the prelIminary plat and that the proposed Improvements are acceptable to each entity 15 amoving and/or relocatJng the 16 17 1 a Any other condItions as set forth by other City Staff the Planmng CommIssion or City Council NOTE The SubdiVISion Ordinance speCIfies that final plats must be submitted Wlth!n 100 days of preliminary plat approval or the preliminary plat Will become null and VOId Adopted by the Albertville City Council this 18th day of January 2000. City of Albertville By Attest By Linda Goeb, City AdmInIstrator John A OISO'l, Mayor 10 EXHIBIT B Alben VIllas Final Plat Findings fif Fact & DeCIsion r--- JU~-01-2000 12 48 NAC 612 595 9837 P 09/12 L A Setb k H c ot rea, act eiaht and overa ~e Reauirements R1-A DIStrict Required Onginal Proposal Revised Proposal DenSIty (Unls per Acre) 29 134 130 Minimum Lot Area 15,000 sf 80 lots (44%) 12,524 sq ft Range of L.ot SIzes 15,000 sf 12,505-35,647 Sf 12,524 - 38,e71 sq ft. ReqLlIred 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 100 feet 80 - 150 feet (143 or 85 feet mInimum 79% of the lots are 95 04 feet average less 1han 100' wide) Lot \Mdth Corner L.ot i 120 feet 90 -130 feet 100 feet minImum I 2 Lots (10%) conform (except 2 lots are 95 teet" to requIrement Average Lot Width Corner 101 feet 1051 Lot Buffer Yard Lot Depth (lots 170 feel: 165 feet* 110 feet except Block 9 which adJileent to artenal or mBJor has 155 foot lots caU.dor strMtS) Buffer Vald Oot WIdth 25 feet 10 feet i 10 feet requnments fOr side yelds) I Setback (PUO Penphery) 35 feet Unknown 35 feet Setbacks (front) 30 feet 30 feet 30 feet (Slde-mtenor) 15 feet 10 feet 10 feet (Slde-comer) 30 feet (SIde 20 feet 20 feet yard abUttIng a public street) (rear) 25 feet 30 feet 30 feet Wetland setbaok from Q-H- 20 feet UnKnown 20 feet W BuildIng Height MaxImum 85 feet unknown 35 feet MaxmllTI Lot Coverage for 25 percent of Unknown 25 Petcent of lot area structures lot area MInimum Floor Area per 2 BR 960 sq Unknown 2 BR 960 sq ft above ground Dwelling Unit f't aboVe I 3 BR 1,040 sq ft above ground I ground 3 BR 1,040 SQ 1\ above ground 15 EXHIBIT E Albert Villas Final Plat Findings of Fact & DeCISIon