1999-10-12 Prouject Update and Draft of Find of Fact
~
N
NORTHWEST ASSOCIATED CONSULTANTS
COMMUNITYPLANNING - DESIGN - MARKET RESEARCH
MEMORANDUM
TO
FROM
DATE
Albertville Planning Commission
Deb Garross
12 October 1999
RE
Albertville - Albert Villas Project Update and Draft Findings of Fact
FILE
16306-9908
Pursuant to the request of the applicant, the Planning Commission will review the
appllcatlon(s) for the Albert Villas this evening As you are aware, this matter was
pulled from the September 14, 1999 agenda (by request of the applicant) and therefore
not formally considered FollOWing the meeting, Staff sent a letter to the applicant
advIsing him that the City would extend the 60-day review deadline to December 9,
1999 (The Initial 60-day review ended on October 9th) In that same letter, the
applicant was requested to notify the City, In wntlng, of their intentions to either formally
Withdraw the application or pursue processing through the City The applicant
contacted City Staff and requested that the matter be placed back on the agenda to
receive direction from the Planning Commission
The action requested by the applicant IS for the Planning Commission to forward a
recommendation to the City Council to approve the comprehensive plan amendment,
rezoning, CUP/PUD and preliminary plat for the Albert Villas project The Planning
Commission may choose to recommend approval, denial or conditional approval of the
vanous applications
In the event that the Planning Commission chooses to recommend denial follOWing ItS
deliberations, the attached draft Findings of Fact may be of assistance In formulating
the recommendation Please note, In the event that the applications are ultImately
demed, the rezomng and CUP/PUD applICations may not be re-flled for a perIOd of one
year, unless spectflcally authoflzed by the City CouncIl
Also please see the attached memorandum from City Engineer, Pete Carlson, which
outline hiS review comments on the preliminary plat Mr Carlson's indicated that he Will
not conduct an In depth review of the preliminary plat until such a time as the planning
matters are resolved to the satisfaction of the City
Attachments
1 Draft Findings of Fact for Denial
2 Preliminary review comments from City Engineer, Peter Carlson
5775 WAYZATA BOULEVARD, SUITE 555 ST LOUIS PARK MINNESOTA 554 I 6
PHONE 6 12-595-9636 FAX 6 12-595-9837
10-12-99
CITY OF ALBERTVILLE
DRAFT
Planning Commission
Findings of Fact
& Recommendation
Applicant's Name:
K.C Land Company. Keith Harstad
Request: K C Land Company has submitted plans for development of 338 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 site (apprQ}(Imately 136 75 acres located north of County
Ditch #9) Into 182 Single-family lots
A Comprehensive Plan amendment WIll be necessary to allow the low denSity residential proposal
In an area gUided for agnculture and rural development The property IS currently zoned A-1,
Agncultural/Rural Rezomng to R-1 A, Low DenSity Single Family, Will be necessary to
accommodate the proposal A Conditional Use Permit I Planned Umt Development Will be
necessary to allow fleXibility from the stnct provIsions of the Zomng Ordinance related to setbacks,
lot area, and Width A preliminary plat for development of the north 13675 acres of the site Will
be necessary to allow development of Single family lots as proposed
Planning Commission Meeting Dates: 14 September 1999 (the application was Withdrawn from
the agenda pursuant to a request by the applicant) and 12 October 1999
Findings of Fact: Based upon review of the application and eVidence received, the Planmng
Commission now makes the follOWing findings of fact and recommendation
1 The legal descnptlon of the subject property IS attached as Exhibit A
2 The Planmng Report, dated 8 September 1999, prepared by NAC, Inc , IS Incorporated
herein
3 The reqUirements of Sections 300, 400 and 2700 of the Albertville Zomng Ordinance have
been reViewed In relation to proposed plans
Recommendation: Based on the foregOing Information and applicable ordinances, the Planmng
CommiSSion recommends DENIAL of the ComprehenSive Plan amendment, rezomng, conditional
use permit/planned umt development and preliminary plat based on the most current plan and
Information received to date The project was demed for the follOWing reasons
1 The ComprehenSIVe Plan gUides the subjeCt site for agncultural/ruralland uses which are
reflective of the development constraints associated With thiS property The proposed
projeCt does not conform to City environmental ordinances, the ComprehenSive Park and
Trail System Plan, and does not adequately address the need for 11ft stations to serve the
area WIth sanitary sewer facilities The proposed project IS therefore inconsistent With the
ComprehenSive Plan
DRAFT
2 Due to the fact that the proposed project IS inconsistent with the Comprehensive Plan, the
subdivIsion IS deemed premature pursuant to SubdivIsion Ordinance A-400 2(e)
3 The rezomng application requests R-1A zomng, however, the proposal contains lot
dimensions, areas and reqUired bUildable lot areas are substantially less than those
required In an R-1A dlstnct The proposed development plan IS inconsistent with the
requested R-1A Zomng Dlstnct standards and IS therefore inconsistent with the Zomng
Ordinance
4 The applicant requests CUPIPUD approval to obtain relief from the standards of the Zomng
and SubdivIsion Ordinance, In order to develop a site that contains several natural and
man-made constraints The ZOning Ordinance [Section 2700 1, (g)] expressly states "The
PUD IS not Intended as a means to vary applicable planmng and zOning pnnclples" The
proposed PUD IS inconsistent With the ZOning Ordinance
5 The degree of fleXIbility requested to accommodate the proposal far exceeds that granted
by the City to other projeCts and circumvents the purpose and Intent of the PUD standards
of the ZOning Ordinance and IS therefore inconsistent
6 The applicant has stated that he IS unwilling to commit to a PUD development concept for
the land areas south of County Ditch #9 As such, It IS not possible to plan for the nor
secure the nghts of the public With respect to public lands, provide for the health and safety
of residents by requiring properly designed streets and adequate sewer and water service,
nor protect the public health, safety, comfort, convemence and general welfare Based
upon these considerations, the proposal IS inconsistent With the stated purpose of the
SubdivIsion Ordinance
7 The proposed preliminary plat shows the future dedication of sixty (60) feet of nght-of-way
for CSAH 18 which IS not consistent With the reqUirement of Wnght County for sixty-five
(65) feet of nght-of-way dedication
Adopted by the Albertville Planning Commission thiS 12th day of October 1999.
City of Albertville
By
Jim Brown, Chair
Attest
Linda Goeb, City Clerk
pc Linda Goeb, Mike Coun, Pete Carlson
2
10/08/99 08 10 FAX 320 253 1002
SEH RCM ST CLOUD
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An Affirnoollve Acllon
Equal Opporlumly Employ.r
VIlE REQUEST A RESPONSE FROM YOU BY
2/99
10/08/99 08 10 FAX 320 253 1002
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.
.
":SeH=\CII
MEMORANDUM
605 Franklin Avenue NE POBox 51, 81 Cloud. MN 56302-0051
320 253 1000
8003466138
320 253 1002 FAX
TO
LInda Goeb
City Admmlstrator
Albertville, Mmnesota
FROM
Peter J Carlson, P E
City EngIneer
DATE
October 8, 1999
RE
prehmmary Utihty and GradIng Plan Review
Albert Villas
Albertville, MInnesota
SEH No A-ALBEV0002 0
I reviewed the referenced plans and have the followmg comments
GRADING PLAN
1 Block l/Lots 6 - 10 These lots have 6% dnveways With rear to front dramage of less than 2% These
lots should be I alsed to mcrease dramage
2 Block 3 There are a number of lots labeled "LO" With varymg dtfferences In elevatIOn between the
garage floor and the grade at the rear of the house
3 Block 4 The rear property hne shared With Block 5 (west of pond 2) IS very flat The storm sewer
should be extended up the swale or the "LO" lots should be changed to "s" lots
4 Block 6/Lots 8 - 10 The rear yards are relatively flat, raise the homes or change lot types
5 Block 6/Lots 13 - 19 The rear yards are less than 2% and the NSP easement area to the west IS less
than 1 %, mstall dl am tile or storm sewer In rear yards
6 Block 7/Lot 34 Dramage IS poor, raise house
7 Block 7/Lots 35 - 38 These lots have 6% dnveways With rear to front dlamage at less than 2% In
addition, the rear yard berm/knoll comphcates the dramage Raise lots to mcrease dramage
8 Block 7/Lot 56 Floor elevatIOns do not match one another
9 Block 7/Lots 62 - 64 Rear yards are relatIVely flat and swale will hkely be wet Raise lots to mcrease
dramage
10 Block 8/Lots I - 4 These lots have 6% dnveways with rear to front dramage of less than 2% Raise
lots to Increase dram age
Short Elliott Hendrickson Inc
Offices located Ihroughoullhe Upper Midwest
We help you plan, deslgn, and achIeve
Equal Opportumty Employer
10/08/99 08 11 FAX 320 253 1002
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Lmda Goeb
October 8, 1999
Page 2
11 Block 9/Lots I - 5 These lots have 6% dnveways With rear to front dramage of less than 2% Raise
lots to mcrease dramage
12 Block 10/Lots ] - 3 House dramage is directed onto proposed park property which have very flat
grades Park property IS hkely to be wet
13 Block 10 The plan shows the dram age dItch drammg mto Pond 5 Should the pIpe directIon be
leversed?
11 A means to remove sump dIscharge needs to be shown on the plans Lots drammg to a pond or
wetland should have a 4" dramtlle mstalled from the back of the house and dayhghted near the pond
Lots WIth rear to front dram age or long rear dramage swales need to have a network of 4" dramtlle under
the swales to accept the discharge, the netwOlk would be connected to a catchbasm or dayhghted to a
pond
SANITARY SEWER
15 The proposed plan to serve the SIte WIth long, flat runs of 10" PVC sewer IS unacceptable per the
MPCA and the Recommended Standards for Wastewater FacIhtles (Ten State Standards) reqUirement
that discharges be at least 20 fps We are recommendmg a pnmary hft stat10n be mstalled along CSAH
18 WIth the inItial phase whIch WIll accept dIscharge from all phases of the proposed slte, as well as the
discharge from the Cedar Creek South townhome development to the east
A second 11ft statiOn would be requued near the mtersectiOn of 47th Street and Kagan Avenue ThIS 11ft
statton would accept the maJonty of Phase 3 and the southwestern portion of Phase 2 The secondary 11ft
station would force the discharge north Into a gravIty system drammg to the pnmary hft statIon
W A TERMAlN
16 A 12" trunk watermam WIll need to be extended west from CSAH 19 under CSAH 18 The trunk
would be mstalled WIth the reconstructIOn of CSAH 18, currently planned m the year 2001 Dnbl that
tIme, the Site can be served by extendmg the 10" trunk watermam south from the Cedar Creek South
development to the north
17 The two 8" DIP watermam connectiOns at CSAH 18 w1ll need to be overSIzed to 10" DIP and
extended to serve the parcel to the west and to serve the southern portiOns of thiS plat The developer
shall bear all costs associated W1th oversIzmg the watermam wIthm the development
rg
c
W IALBEVl0002REVW W1'D
10/08/99 08 10 FA~ 320 253 1002
SEH RCM ST CLOUD
1il002
MEMORANDUM
605 Franklin Avenue NE POBox 51, St Cloud MN 56302 0051
320 253 1000
BOO 346 6138
3202531002 FAX
TO
Lmda Goeb
CIty Admmlstrator
Albertville, Mmnesota
FROM
Peter J Carlson, P E
City Engmeer
DATE
October 8, 1999
RE
Prelimmary Ubhty and Gradmg Plan RevIew
Albert V 11las
Albertville, Mmnesota
SEH No A-ALBEV0002 0
I reviewed the referenced plans and have the followmg comments
GRADING PLAN
1 Block l/Lots 6 ~ 10 These lots have 6% dnveways wIth rear to front draInage of less than 2% These
lots should be raIsed to mcrease draInage
2 Block 3 There are a number of lots labeled "LO" w1th varyIng dtfferences m elevatIOn between the
garage floor and the grade at the rear of the house
3 Block 4 The rear property hne shared with Block 5 (west of pond 2) IS very flat The storm sewer
should be extended up the swale or the "LO" lots should be changed to "S" lots
4 Block 6/Lots 8 - 10 The rear yards are relabvely flat, raise the homes or change lot types
5 Block 6/Lots 13 - 19 The rear yards are less than 2% and the NSP easement area to the west IS less
than 1 %, Illstall dl am tIle or storm sewer m rear yards
6 Block 7/Lot 34 Dramage IS poor, raise house
,7 Block 7/Lots 35 - 38 These lots have 6% dnveways with rear to front dram age at less than 2% In
additIon, the rear yard berm/knoll compl1cates the dramage Raise lots to mcrease dramage
8 Block 7/Lot 56 Floor elevatIOns do not match one another
9 Block 7/Lots 62 - 64 Rear yards are relatively flat and swale w11l likely be wet Raise lots to mcrease
dramage
10 Block 8/Lots 1 - 4 These lots have 6% dnveways wIth rear to front dramage of less than 2% Ratse
lots to mcrease dram age
Short Elliott Hendrickson Inc
Offices located throughout the Upper Midwest
We help YOll plan, design and achIeve
Equal Opportunity Employer
. "'SEH
1200 25th Avenue South POBox 1717 5t Cloud MN 56302 1717 320 229 4300
320 229 4301 FAX
architecture
engineering
environmental
transportatIOn
July 12,2001
RE AlbertvIlle, MInnesota
Albert VIllas
SEHNo A-ALBEV000200 14
Kerry Saxton
DIStrict Engmeer
Wnght SoIl and Water Conservation DIStrict
306C Bnghton Avenue
Buffwo,MN 55313
Dear Kerry
To control the water elevation WithIn the large wetland m the Albert VIllas Development, a culvert
has been added at the upstream end of the discharge dItch The culvert IS a 24" RCP With an
upstream mvert elevation of 945 61 The wetland, culvert, and dIscharge dItch are WithIn an outlot
and drainage easement that has been dedIcated to the City By thIS dedIcation the CIty IS also
agreemg to mamtaIn the culvert and the dItch To pay for the ongomg maintenance of the CIty'S
dramage system, the CIty has mplace a storm water utilIty charge that IS applIed to wIland owners
Within the CIty lImIts
jlY, j) l
{ 1 fil4fV
Peter J Carlson, P E
City Engmeer
c Lmda Goeb, CIty AdmmIstrator
MIke Coun, CIty Attorney
Todd UdVIg, SEH
w\albev\0002\c:onVlt2aOl-1 wetland doc
Short Elliott Hendrickson Inc
Offices located throughout the Upper Midwest
u-e help you plan, deSign, and achieve
Equal Opportunity Employer