2000-06-01 PUD Final Plan, Final Plat, Resol, Ord
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..
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
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5775 WAYZATA eOULEVARD, SUITE 555 ST LOUIS PARK. MI~NESOTA 5541 E5
PHONE 6 12 Sg5.g636 FAX 6 I z.sgS-gS3 7
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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