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2000-01-18 CC Findings of Fact 1-18-00 CITY OF ALBERTVILLE City Council Findings of Fact & DecIsion Comprehensive Plan Amendment Rezonmg CUP/PUD Prellmmary Plat Apphcant Name K C Land Company. Keith Harstad - Albert Villas Request K C 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 site (approximately 13675 acres located north of County Ditch #9) Into 177 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 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 stnct provIsions of the ZOning Ordinance related to setbacks, lot area, and width A preliminary plat for development of the north 136 75 acres of the site will be necessary to allow development of Single family lots as proposed Planning Commission Meeting Dates 14 September 1999, 12 October 1999, 9 November 1999 and 14 December 1999 (The City Council remanded conSideration of park Issues back to the Planning Commission for conSideration at 11 January 2000 meeting) City Council Meeting Dates 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 descnptlon of the subject property IS attached as Exhibit A b The Planning Commission Findings of Fact and Recommendation for the Comprehensive Plan Amendment, Rezoning, CUP/PUD (Concept PUD and Development PUD) are Incorporated herein c The Planning Commission Findings of Fact and Recommendation for the preliminary plat IS Incorporated herein d The Planning Report, dated 8 September 1999, Memorandum, dated 2 November 1999, and Planning Report, dated 7 December 1999 prepared by NAC Inc, 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 Agricultural/Rural to Low Density Residential acceptable h 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 City Council finds the requested CUP/PUD to allow flexibility of lot Width, area, and setback reqUirements acceptable and In conformance with the PUD criteria contained In the City'S ZOning Ordinance The proposed lot area, setback, height and coverage reqUirements Identified on Exhibit B are acceptable as part of the overall PUD k The City Council finds the preliminary plat acceptable (170 single family lots with park proposal per attached Exhibit C) 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 The 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 The proposed use Will not tend to or actually depreciate the area In which It IS proposed 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 Sections 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 concerning thiS project 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 The Albertville Comprehensive Land Use Plan IS amended to change the land use from agncultural/rural to low density residential Said amendment shall not be placed Into effect until such a time as the final plat IS approved by the City 2 The property IS rezoned from A-1 Agncultural to R-1A Low DenSity Single Family Said rezoning shall not be placed Into effect until such a time as the final plat IS approved by the City 3 A Conditional Use Permit Planned Unit Development IS approved to allow fleXibility for lot width, area, and setbacks as outlined on attached Exhibits B and park areas as set forth on Exhibit C 4 A Planned Unit Development agreement IS prepared which Includes all development plans and specifications, shall set forth specific land use and performance standards which must be adhered to throughout the life of the PUD, and shall be approved by the City Attorney 5 The preliminary plat of Albert Villas IS approved for the development of 170 lots and a J-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 entire length of Kahl Avenue/47th Street/Kallard Avenue IS Installed to provide a secondary access to the development 7 The City'S park and trail dedication requirements are satisfied as discussed herein a Based upon the City's SubdivIsion Ordinance a 10% park land and/or cash dedication 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 determined by the City Council b The park land dedication shall consist of approximately J-a 69 acres of land (as shown on Exhibit C) located southeast of the intersection of Kahl and Kaiser Avenue The land compnses approximately ~ 71% of the reqUired dedication for the preliminary plat A cash contnbutlon of approximately $141,400 J64.090 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 #9 will require an additional park dedication of 9 8 acres at the time later phases of the project are platted c A trail and sidewalk system shall be constructed as shown on the preliminary plat and the cost for installation of these systems shall be counted as credit toward the above mentioned park dedication requirement d The preliminary plat IS amended to delete the trail shown along the north side of 52nd Street and along the rear lot lines of Lots 1 - 10, Block 4 e The preliminary plat IS amended to Include an asphalt trail along the south side of CSAH 18 as opposed to the sidewalk that IS shown f The preliminary plat IS amended to delete park A and either extend the lot lines of adjacent lots 1-10, 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 recreation purposes, with the exception of the trail corrrdor 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 10 A complete set of revised preliminary plat and PUD plans (1" - 1 00' scale and one copy reduced to 11" x 17") shall be submitted to the City of AlbertVille, City Planner (NAC Inc,) and the City Engineer (S E H ), Within 30 days of City Council approval, incorporating all conditions of approval The preliminary plat and PUD will serve as the gUide for all future final plat applications for this project 11 The applicant shall file deed restrrctlons With the Wrrght 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 12 The applicant shall provide the City With a copy of the lot sales literature that will be dlstrrbuted to future homeowners, IdentifYing NSP and Amoco easement bUilding restrrctlons, the 20' reqUired wetland setback area bUilding restrrctlons and the means to disclose the location of all parks to future lot owners 13 A property maintenance agreement and property owners 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 restrrctlons are to be filed With the Wrrght County Recorder's office as a deed restrrctlon against the title of each lot, at the time of final plat 14 The applicant submits documentation from NSP and Amoco Identifying that each entity has reViewed the preliminary plat and that the proposed Improvements are acceptable to each entity 15 The developer Indicates the timing and method for removing and/or relocating the eXisting bUildings located on the subject site consistent With Sections 1400-1 and 900 of the ZOning Ordinance 16 The developer Indicates the proposed use of model homes consistent with Section 2200 of the ZOning Ordinance 17 The applicant provides proof of title In the form of an abstract of title or registered property abstract currently certified and showing the petitioners have legal ownership of the property 18 Any other conditions as set forth by other City Staff the Planning Commission or City Council 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 Adopted by the Albertville City Council thiS 18th day of January 2000. City of Albertville By John A Olson, Mayor Attest By Linda Goeb, City Administrator EXHIBIT B A b H c Lot rea, Set ack, eloht and overage Requirements R1-A District Required Original Proposal Revised Proposal Density (Units per Acre) 29 1 34 1 30 Minimum Lot Area 15,000 sf 80 lots (44%) 12,524 sq ft Range of Lot Sizes 15,000 sf 12,505 - 35,647 sf 12,524 - 36,671 sq ft Required 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 1 00 feet 80 - 150 feet (143 or 85 feet minimum 79% of the lots are 95 04 feet average less than 100' wide) Lot Width Corner Lot 120 feet 90 - 130 feet 100 feet minimum 2 Lots (10%) conform (except 2 lots are 95 feet" to requirement Average Lot Width Corner 101 feet 1051 Lot Buffer Yard Lot Depth (lots 170 feet 165 feet* 170 feet except Block 9 which adjacent to arterial or major has 155 foot lots collector streets) Buffer Yard (lot width 25 feet 1 0 feet 1 0 feet reqUirements for side yards) Setback (PUD Periphery) 35 feet Unknown 35 feet Setbacks (front) 30 feet 30 feet 30 feet ( side-interior) 15 feet 1 0 feet 1 0 feet ( side-corner) 30 feet (side 20 feet 20 feet yard abutting a publiC street) (rear) 25 feet 30 feet 30 feet Wetland setback from O-H- 20 feet Unknown 20 feet W BUilding Height Maximum 35 feet Unknown 35 feet Maximum Lot Coverage for 25 percent of Unknown 25 percent of lot area Structures lot area Minimum Floor Area per 2 BR 960 sq Unknown 2 BR 960 sq ft above ground Dwelling Unit ft above 3 BR 1,040 sq ft above ground ground 3 BR 1,040 sq ft above ground * The lot depth calculations are based upon the Wnght County Highway Department requirement to dedicate 65' of R-Q-W for CSAH 18 . . EXHIBIT A LEGAL DESCRIPTION OF ALBERT VILLAS The Northwest Quarter of the Northwest Quarter the Northeast Quarter of the Northwest Quarter and Lot One, all In Section Eleven, and the South 10 rods of the Southwest Quarter of the Southeast Quarter of Section Two, all In Township 120, Range 24 also the South 10 Rods of that part of the East Half of the Southeast Quarter of Southwest Quarter of Section 2, Township 120, Range 24, lYing East of County Ditch, according to the recorded plat And The Northeast % of the Southeast % In Section 3 and the West % of the Southwest % In Section 2, all In Township 120, Range 24 And Southeast Quarter of the Southwest Quarter except that part lYing Northeasterly of County road 118 Also Except that part lYing Easterly and Southerly of County Ditch No 9, Section 2, Township 120, Range 24 Also That part of the West Half of the Southwest Quarter of the Southeast Quarter lYing South of County Road 118 and West of County ditch No 9, Section 2, Township 120, Range 24