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2018-05-07 City Council Agenda Packet - ReducedA. $Omal, Wa W"IN ChyJOO Mayor and Council Request for Action May 3, 2018 SUBJECT: KARSTON COVE 5TH ADDITION REZONING AND PRELIMINARY PLAT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider one of the following resolutions and ordinance. MOTION TO: Approve Resolution 2018-013 (Exhibit A) Denying the request for rezoning of Outlot A Karston Cove 4th Addition to PUD district and denying the application for Preliminary plat for Karston Cove Sth Addition. Le • Approve Resolution 2018-013 (Exhibit B) Approving the rezoning of Outlot A Karston Cove 4tn Addition and approving the Preliminary Plat for Karston Cove Sth Addition. BACKGROUND: In 2004, the City of Albertville approved Karston Cove CUPIPUD and plat that included 14 townhome lots north of 64th Street and 29 lots south of 64th Street. This development was covered within the Karston Cove final plat and a planned unit development agreement that outlined development requirements for this townhome subdivision. The 14 townhomes north of 64th Street have been developed and sold to individual homeowners. The 29 lots south of 64th Street, while final patted, remain undeveloped. In 2009, the City and developer amended the development agreement giving the developer until October 31, 2010 to complete all public improvements and all private on -site improvements to develop the property. The developer went bankrupt in 2010 and never installed the required improvements. The City drew on the developer's letter of credit and is holding the money for the improvements. In 2011 Centra Homes purchased the 29 undeveloped lots and the rights to the letter of credit money from the bankrupt developer. In investigating the sites physical conditions i.e. wetlands, wetland buffers, and water table the applicant found that the original townhome development was not practical in its original design. They also stated that the townhome housing has become less popular within the current housing market. In 2016, the applicant has requested a final plat (Karston Cove 4th Addition) that vacated of the Karston Cove 3rd Addition final plat south 64th Street to create an outot for future development. Centra Homes also submitted a concept plan to change the land use for the property from townhomes to single family lots. Upon the review of the request by the planning commission; P:1City Council\Council Packet Information1201810507181Karston Cove 5th Addition RCA.docx Meeting Date: May 7, 2018 ends Page 21 Mayor and Council Request for Action — (May 7, 201 8) Karston Cove 5th Addition Rezoning and Preliminary Plat Page 2 of 4 the Albertville City Council approved the Karston Cove 4th Addition with the following conditions: 1. The City retains the option to require the future development on Out of A Karston Cove 4th Addition to J oin with the existing Karston Cove HOA on the north side of 64th Street through a revised PUD development agreement to be recorded against the Outot A property with the future final pat. Notwithstanding this reservation of rights, the City acknowledges that it may not impose any obligation on the developer to add the future lots to the existing Karston Cove HOA unless the Declaration establishing the HOA has been modified, on or before the time of final plat approval, to allow for the addition of the Outot A land to the Homeowner's Association. 2. The City finds that the drainage and utility easements dedicated on the Karston Cove 3ra Addition plat (but excluding those easements dedicated on the first plat of Karston Cove) are no longer needed for public purposes and that it is in the interest of the public to vacate said drainage and utility easements. 3. The City vacates the drainage and utility easements shown on the Karston Cove 3rd Addition plat, provided the 4th Addition final pat is revised to preserve as drainage and utility easements all drainage and utility easements originally dedicated on the first plat of Karston Cove Said easements shall be subject to the review and approval of the City Engineer prior to recording the final plat. The vacation of said easements shall be effective upon the recording of the Karston Cove 4th Addition plat. 4. The City approves the preliminary and final plat of Karston Cove 4th Addition, subject to the conditions set forth in the City Planner's report dated September 8, 2016, including execution of a development agreement as set forth below. 5. The Developer shall be required to install sidewalk per approved plans, boulevard grading and restoration to a turf condition by June 30, 2017 as a condition of final pat approval, unless Developer submits a completed preliminary plat application for the site by June 30, 2017, in which case the June 30, 2017 installation date shall be automatically extended to June 30, 2018. 6. The applicant enters into a development agreement with the City that includes the aforementioned conditions of approval, addresses the issues identified in the RCA for this matter, and meets the approval of the City Attorney. The development agreement shall be recorded against the property with the final plat. 7. Upon execution of the development agreement and recording of the plat, the City shall release the monies it holds in escrow from the proceeds of the letter of credit for Karston Cove 3rd Addition, except for an amount sufficient to cover 125% of the cost of the installation of sidewalk, boulevard grading and restoration and the anticipated expenses of the City Attorney, Planner and Engineer related to Karston Cove 3rd Addition and Karston Cove 4th Addition. The City Engineer shall determine the amount of escrow to P:1City Council\Council Packet Information1201810507181Karston Cove 5th Addition RCA.docx Meeting Date: Mary 7, 2018 ends Page 22 Mayor and Council Request for Action — (May 7, 2018) Karston Cove 5th Addition Rezoning and Preliminary Plat Page 3 of 4 be held for the installation of such items and the City Finance Director shall determine the remaining amount of escrow to be held to cover anticipated City expenses. Centra Albertville LLC has now file development applications to subdivide the Karston Cove 4th Addition outlot into 8 single family lots. To accommodate this development they have requested the following applications. 1. Zoning Map Amendment. The property is currently zoned R-5 Medium Density Residential District. This district does not list single family homes as an allowed use. To allow the single family use and to provide some design flexibilities in the plat layout, the applicant has requested a zoning change to PUD Planned Unit Development district. 2. Preliminary Plat. To facilitate the subdivision of the land in to 8 lots the applicant has requested a preliminary plat. On April 10, 2018 the Albertville Planning Commission met and held a public hearing to consider the aforementioned applications of Centra Albertville LLC. Upon consideration of the application materials, the City Staff Reports and public testimony the Planning commission Recommend that both the Rezoning and preliminary plat be denied, finding that the uses was not consistent with the City's comprehensive plan, incompatible with the surrounding land uses. The findings are outlined in the Exhibit A resolution. KEY ISSUES: • The current R-5 zoning district does not allow for single family homes requiring a change in zoning to PUD district. • The PUD district is required to allow for the single family homes and to allow for design flexibilities relate to lot area, lot width, lot configuration and setbacks to accommodate the plat design of 8 single family lots. • The application will introduce single family uses into an area surrounded by townhomes. The dwelling unit type and density (3.94 units per acre) are not consistent with the Medium Density land use guided for the site. • The proposed plat design attempts to work within the buildable area of the outlot preserving the existing wetlands and establishing wetland buffers. • Applicant does not believe townhomes fit the Albertville market. • The existing Karston Cove Townhome HOA will be impacted by the loss of potential membership if the outlot is developed as single family units. The HOA must amend its documents to allow the inclusion of additional real estate into the current HOA> • The utility plan shows multiple street cuts to provide utility service lines into the single family lots. This will impact the street conditions. P:1City Council\Council Packet Information1201810507181Karston Cove 5th Addition RCA.docx Meeting Date: Mary 7, 2018 ends Page 23 Mayor and Council Request for Action — (May 7, 2018) Karston Cove 5th Addition Rezoning and Preliminary Plat Page 4 of 4 POLICYIPRACTICES CONSIDERATIONS: Any change in land use or zoning is a policy decision the City Council. The Albertville planning commission has offered a recommendation to deny the applications of Centra Albertville LLC for rezoning and preliminary plat approval of outot A of the Karston Cove 4th Addition with the findings outlined in Exhibit A. The City Council may accept this recommendation or take alternative action upon review and consideration of the submitted material, the staff reports, public testimony and council findings. FINANCIAL CONSIDERATIONS: If approved the Developer with need to proceed to final plat and shall be required to enter into a development agreement and post securities making them responsible for all development costs associated with this plat. LEGAL CONSIDERATIONS: The City Council has the authority to make land use and zoning decisions in accordance with state statute. Department/Responsible Person: Alan Brixius City Planner Submitted Through: Alan Brixius City Planner Adam Nafstad, City Administrator Attachments: Exhibit A: Resolution to Deny the Applications Exhibit B : Resolution to Approve the Applications Exhibit C : Zoning Map Amendment April 5, 2018 Planning Memorandum P:1City Council\Council Packet Information1201810507181Karston Cove 5th Addition RCA.docx Meeting Date: Mary 7, 2018 ends Page 24 CITY of ALBERTVILLE COUNTY of WRIGHT STATE of MINNE SOTA RESOLUTION No. 2 0 1 8-0 13 RESOLUTION DENYING A REZONING of O TLOT A KARSTON COVE 4TH FROM R-5 MEDIiM DE SITY RESIDENTIAL To PLANNED iNIT DEVELOPMENT DISTRICT AND A PRELIMINARY PLAT ENTITLED KARSTON COVE 5TH ADDITION WITHIN THE CITY of ALBERTVILLE WHEREAS, Centra Albertville LLC has submitted application for a rezoning of outot A Karston Cove 4th Addition from R-5 Medium Density Residential District to PUD Planned Unit Development District, and a preliminary plat, entitled Karston Cove 5th Addition for the same outot A and WHEREAS, City staff has reviewed the submitted applications and submission documents and has prepared a planning report dated April 5, 2018; and WHEREAS, the Planning Commission held a public hearing April 10, 2018 to consider the application, the planning report, and take public testimony; and WHEREAS, upon conducting the public hearing, the Planning Commission considered the application material, the April 5,2018 planning report and public testimony and upon closing the public hearing recommended that the requested rezoning and preliminary plat be denied based on the following findings: 1. The change in land use and zoning is not consistent with the Albertville future land use plan which guides this area for Medium Density Residential land uses. The applicant's single family lot subdivision does not meet the density or housing types with the medium density land use definition. 2. In previous Visioning workshops the city identified a limited supply of Medium Density Residential land use areas. The loss of this site to a low density development would further limit opportunities for this housing type in the future. 3. The proposed development will introduce low density single family residential uses in an area of Medium density townhomes . The housing type and density is not consistent with surrounding land uses. 4. Alternative medium density housing options may be pursued within the buildable areas of the site that would fit the current zoning and be compatible with the adjoining land uses. 5. The existing Karston Cove Townhome HOA would be limited in expanding membership with the single family subdivision. Page 1 EXHIBIT A Agenda Page 25 City of Albertville Resolution No. 201 S-013 Meeting of May 7, 2018 Page 2 WHEREAS, the City Council met on May 7, 2018 to consider the application of Centra Albertville LLC for rezoning and preliminary plat materials, the Staff reports, the planning commission minutes and recommendations. Upon review of the aforementioned information the council agrees with the findings and recommendations of the planning commission. NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Minnesota hereby denies the Centra Albertville LLC development applications changing the zoning of out of A Karston Cove 41h Addition from R-5 to PUD and the Preliminary Pat entitled Karston Cove 5th based on the planning commission findings outlined in this resolution. Adopted by the City Council of the City of Albertville this 7th day of May 2018. Kimberly A. Hodena, City Clerk Jiian Hendrickson, Mayor 2 Agenda Page 26 CITY of ALBERTVILLE COUNTY of WRIGHT STATE of MINNE SOTA RESOLUTION No. 2 0 1 8-0 13 RESOLUTION APPROVING A REZONING of O TLOT A KARSTON COVE 4TH FROM R-5 MEDIiM DESITY RESIDENTIAL To PLANNED iNIT DEVELOPMENT DISTRICT AND A PRELIMINARY PLAT ENTITLED KARSTON COVE 5TH ADDITION WITHIN THE CITY of ALBERTVILLE WHEREAS, Centra Albertville LLC has submitted application for a rezoning of outot A Karston Cove 4th Addition from R-5 Medium Density Residential District to PUD Planned Unit Development District, and a preliminary plat, entitled Karston Cove 5th Addition for the same outot A and WHEREAS, City staff has reviewed the submitted applications and submission documents and has prepared a planning report dated April 5, 2018; and WHEREAS, the Planning Commission held a public hearing April 10, 2018 to consider the application, the planning report, and take public testimony; and WHEREAS, upon conducting the public hearing, the Planning Commission considered the application material, the April 5,2018 planning report and public testimony and upon closing the public hearing recommended that the requested rezoning and preliminary plat be denied based on the following findings: 1. The change in land use and zoning is not consistent with the Albertville future land use plan which guides this area for Medium Density Residential land uses. The applicant's single family lot subdivision does not meet the density or housing types with the medium density land use definition. 2. In previous Visioning workshops the city identified a limited supply of Medium Density Residential land use areas. The loss of this site to a low density development would further limit opportunities for this housing type in the future. 3. The proposed development will introduce low density single family residential uses in an area of Medium density townhomes . The housing type and density is not consistent with surrounding land uses. 4. Alternative medium density housing options may be pursued within the buildable areas of the site that would fit the current zoning and be compatible with the adjoining land uses. 5. The existing Karston Cove Townhome HOA would be limited in expanding membership with the single family subdivision. Page 1 EXHIBIT B Agenda Page 27 City of Albertville Resolution No. 201 S-013 Meeting of May 7, 2018 Page 2 WHEREAS, the City Council met on May 7, 2018 to consider the application of Centra Albertville LLC for rezoning and preliminary plat materials, the Staff reports, the planning commission minutes and recommendations. Upon review of the aforementioned information they disagree with planning commission findings and recommendations making the following findings: 1. The proposed use is acceptable to the site in light of the physical limitations of the property including wetlands, drainage ways, and high water table. 2. The use will not negatively impact the site or surrounding land use with regard to compatibility, traffic or utilities. 3. The proposed values of the homes will not negatively impact the values of the surrounding land uses. 4. The proposed development will not overburden public streets, utilities or services. Now, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Minnesota hereby approves the Centra Albertville LLC development applications changing the zoning of outlot A Karston Cove 4th Addition from R-5 to PUD and approves the Preliminary Plat entitled Karston Cove 5th subject to the following conditions being met: l . The wetlands and its buffer areas shall be platted as outl ots and dedicated along with outlot A to the City. The developer shall install wetland buffer demarcation signs along the outlot boundaries to avoid trespass or alteration of the wetland buffers or wetlands. 2. The final plat shall show the new outl ots and new lot configurations for Lot 2 and 3 Block 1. The city grants PUD flexibility for the lot widths and the narrow lot widths for lots 2 and 3 Block resulting from the dedication of the outlot. 3. The City approves the requested Side and rear yard setbacks. The Front yard setbacks shall be as shown on the approved site plan. Applicant shall provide a lot by lot setback list to the City for reference and application at time of building permit. 4. The Developer shall construct the house design that has been provided and approved with this PUD within this Plat. 5. The Applicant shall comply with the recommendations of the City Engineer regarding grading, drainage, storm water management, utilities and Street restoration. 6. Developer shall locate the water service valves outside the driveways. 2 Agenda Page 28 City of Albertville Resolution No. 201 S-013 Meeting of May 7, 2018 Page 3 7. Developer shall construct the sidewalk to city standard for the full length of the plat along 641h Street. 8. Developer shall provide a landscape plan that complies with the city requirements for tree plant on each lot, ground cover restoration, wetland buffer plantings and a graphic plan for the establishment of a landscape screen or fence along the east side of lot 8, Block 1 to screen the park parking lot. g. The developer shall enter into a development IPUD agreement with the city that outlines the terms of this PUD approval and establishes a financial security for required plat improvements. 10. The City reserves its right to require the Karston Cove 5 th Addition pat to join the Karston Cove Townhome association if the Association documents to allow the addition of real estate are amended on or before the approval of the final plat. The requirement to join the HOA will at the discretion of the Council based on their review of the conditions and terms of membership. Adopted by the City Council of the City of Albertville this 7th day of May 2018. ATTEST: Kimberly A. Hodena, City Clerk Jiian Hendrickson, Mayor 3 Agenda Page 29 IL L: J& U21 It -It' , E263Z, LL &21102 MEMORANDUM: : TO: Adam Nafsad FROM-. Alan Brixius DATE-. April 5, 2018 RE: Karson Cove 6t" Addition Rezoning I Preliminary Plat FILE N O : 163.06 18.03 BACKGROUND: In 2004, the City of Albertville approved Karson Cove CUPIPUD and plat that included 14 townhome lots north of 64t" street and 29 lots south of 64t" street. This development was covered within the Karston Cove final plat and a planned unit development agreement that outlined development requirements for this townhome subdivision. The 14 townhomes north of 64t" street have been developed and sold to individual homeowners. The 29 lots south of 64t" street, while final platted, remain undeveloped. In 2009, the City and developer amended the development agreement giving the developer until October 31, 2010 to complete all public improvements and all private on - site improvements to develop the property. The developer went bankrupt in 2010 and never installed the required improvements. The City drew on the developer's letter of credit and is holding the money for the improvements. In 2011 Centra Homes purchased the 29 undeveloped lots and the rights to the letter of credit money from the bankrupt developer. In investigating the sites physical conditions i.e. wetlands, wetland buffers, and water table the applicant found that the original townhome development was not practical in its original design. They also stated that the townhome housing has become less popular within the current housing market. Agenda Page 30 In 2016, the applicant has requested a final plat (Karston Cove 4t" Addition) that vacated of the Karston Cove 3rd Addition final plat south 64t" street to create an oulo for future development. Cenra Homes also submitted a concept plan to change the land use for the property from townhomes to single family lots. Upon the review of the request by the planning commission; the Albertville City Council approved the Karston Cove 4t" Addition with the following conditions: �. The Cit retains the option to require the future development on Outlot A Karston Cove 4t Addition to join with the existing Karston Cove HOA on the north side of 64t" street through a revised PUD development agreement to be recorded against the Outlot A property with the future final plat. Notwithstanding this reservation of rights, the City acknowledges that it may not impose any obligation on the developer to add the future lots to the existing Karston Cove HOA unless the Declaration establishing the HOA has been modified, on or before the time of final plat approval, to allow for the addition of the Outlot A land to the Homeowner's Association. 2. The City finds that the drainage and utility easements dedicated on the Karston Cove 3rd Addition plat (but excluding those easements dedicated on the first plat of Karston Cove) are no longer needed for public purposes and that it is in the interest of the public to vacate said drainage and utility easements. 3. The City vacates the drainage and utility easements shown on the Karston Cove 3rd Addition plat, provided the 4t" Addition final plat is revised to preserve as drainage and utility easements all drainage and utility easements originally dedicated on the first plat of Karston Cove said easements shall be subject to the review and approval of the City Engineer prior to recording the final plat. The vacation of said easements shall be effective upon the recording of the Karston Cove 4t" Addition plat. 4. The City approves the preliminary and final plat of Karston Cove 4t" Addition, subject to the conditions set forth in the City Planner's report dated September 8, 2016, including execution of a development agreement as set forth below. 6. The Developer shall be required to install sidewalk per approved plans, boulevard grading and restoration to a turf condition by June 30, 2017 as a condition of final plat approval, unless Developer submits a completed preliminary plat application for the site by June 30, 2017, in which case the June 307 2017 installation date shall be automatically extended to June 30, 2018. 6. The applicant enters into a development agreement with the City that includes the aforementioned conditions of approval, addresses the issues identified in the RCA for this matter, and meets the approval of the City Attorney. The development agreement shall be recorded against the property with the final plat. 7. Upon execution of the development agreement and recording of the plat, the City shall release the monies it holds in escrow from the proceeds of the letter of Agenda Page 31 credit for Karson Cove 3rd Addition, except for an amount sufficient to cover 125% of the cost of the installation of sidewalk, boulevard grading and restoration and the anticipated expenses of the City Attorney, Planner and Engineer related o Karson Cove 3rd Addition and Karson Cove 4t" Addition. The City Engineer shall determine the amount of escrow to be held for the installation of such items and the City Finance Director shall determine the remaining amount of escrow to be held to cover anticipated City expenses. Cenra Albertville LLC has now file development applications to subdivide the Karson Cove 4t" Addition outlot into 8 single family lots. To accommodate this development they have requested the following applications. 1. Zoning Map Amendment. The property is currently zoned R-5 Medium Density Residential District. This district does not list single family homes as an allowed use. To allow the single family use and to provide some design flexibilities in the plat layout, the applicant has requested a zoning change to PUD Planned Unit Development district. 2. Preliminary Plat. To facilitate the subdivision of the land in to 8 lots the applicant has requested a preliminary plat. Exhibits; Exhibit A Preliminary Plat Exhibit B Existing Conditions Exhibit C Grading and Drainage plan Exhibit D Site Plan Exhibit E House Styles Exhibit F City Attorney's Comments ANALYSIS Planned Unit Development Zoning Amendment: The proposed development does not fit the current R-5 zoning district which does not allow single family homes as a use. The applicant has requested a change in the site zoning to PUD District. This district will allow single family homes and will a permit certain design flexibilities to accommodate the preliminary plat design. The design flexibilities will include lot widths and setback standards. In consideration of any change of zoning the following criteria as set out in Section 300 of the Albertville Zoning Code that are to be considered by the Planning Commission and City Council. 3 Agenda Page 32 1 . The proposed action has been considered in relation to the specific policies and provisions of and has be found to be consistent with the official City comprehensive Plan Comment: The Albertville Vision study guides this area of the city for medium density residential land use, which is defined as 6 to 10 units per acre. The applicant's plat produces a density of 3.94 units per acre. This is slightly below the medium density land use description, however, the plat design is in response to the physical conditions specific to the site including: wetlands, drainage patterns and high water tables which complicate building design, site access, and lot patterns. The plat design is consistent with Comprehensive plan policies that promote housing diversity and the need to integrate subdivision design with the natural features of the property and the need to control and manage storm water drainage. 2 The proposed use is or will be compatible with present and future land uses of the area. Comment: The introduction of single family homes into this site brings a different housing style into this area of the city. This lower density will not create conflicts with the surrounding townhome neighborhoods. 3. The proposed use conforms with all the performance standards of the Albertville zoning district. Comment: The plat design is unique to the site and the applicant is requesting PUD zoning to allow some design flexibilities to fit the plat within the physical features of the site. The requested flexibilities include lot area, width, configuration and setbacks within the plat. The plat design will be addressed in greater detail in the preliminary plat review. 4. The proposed use will not tend to or actually depreciate the area in which it is proposed. Comment: The applicant has submitted house plans to the home to be constructed with in the proposed plat. These plans provide a 2380 sq. ft., four bedroom home with a three car garage, and variable front facades. The value of these homes will exceed the values of the adjoin townhome units. This property was originally intended to be part of the Karston Cove Townhome Association along with the 14 existing townhomes to the north of 64t" street. Concern exists regarding the financial viability of the 14 member HOA. As part of the 2016 approval of the Karston Cove 4t" Addition the city retained the option to have the future development of this outlot join the existing H OA. This issue is discussed later in this report. n MI Agenda Page 33 6. The proposed use can be accommodated with existing public services and will not overburden the ciy's service capacity. Comment: The proposed use reduces the density from the original development. The current proposal will not overburden city services or utilities. 6. Traffic generation from the proposed development is within the capabilities of the streets serving the property Comment: The traffic generation from 8 lots will not overburden the adjoining streets. Preliminary Plat: Outlot A Karston Cove 4t" Addition is 3.92 gross acres in area. The site contains a number of wetlands and a Drainage way that serves the site and properties to the north. High water tables present issues for the site construction with regard to basements, crawl spaces and first floor openings. The applicant is proposing an eight lot single family subdivision with house placements that take advantage of the buildable land within the outlot. They have request the PUD zoning to allow the single family use and allow some design flexibilities relate to lot width, lot configuration and setbacks to fit the development into the property. outlots: The plat proposes outlot A over wetland and drainage area in the southern portion of the plat. This 70,879 sq. ft. outlot includes the required wetland buffer yards and will be dedicated to the city. Platted as an outlot and dedicated to the city helps to keep adjoining property owners from mowing or altering the wetland and its buffer area. The applicant will be required to establish wetland demarcation posts at the rear yard of each lot to define the edge of the outlot to prevent trespass or alteration of the wetland buffer. A wetland is located within Lots 2 and 3 Block 1, this wetland is covered by an easement. In staff review, we are recommending that this wetland and its buffer be platted as an outlot and dedicated to the city. This dedication will not reduce the buildable area of the lots, but will provide added protections to the wetland and its buffer. In creating the outlot, the applicant can vary the buffer width to be sure that these lots have sufficient width to provide a driveway with proper setback from the adjoining lot. The dedication of this outlot will significantly changes the configuration and width of Lots 2 and 3, the new configuration may be allowed as a PUD flexibility. Lots: The applicant is requesting a PUD zoning district to accommodate the proposed subdivision. The proposed lots do not fit Albertville's standard single family residential district with regard to lot area, width and setback. Requiring the wetland in lots 2 and 3 to be platted as an outlot results in the following lot dimensions. R J Agenda Page 34 Lots Area Width (Sq. ft.) (Feet) 1 107517 66 2 127773 12 3 127010 16 4 117222 60 6 107781 66 6 107227 66 7 107238 66 8 117128 66 PUD flexibility is required for the reduced lot area, widths and lot configurations of lots 2, 3 and 4. The lot and plat design is responsive to the natural features of the site and the staff recommendation to plat the wetland in lot 2 and 3 as an oulo. Although PUD flexibility is needed each of the resulting lots still provide building site for a substantial single family home with a three car garage. staff can support this plat design. Setbacks: The Plat illustrates the following minimum setbacks. Front yard-. 30 feet Side yard house: 10 feet Side yard garage: 6 feet Rear yard-. 26 feet The attached site plan (exhibit D) shows that each home will meet these setbacks. However, the site plan illustrates the home sites being staggered with variable front yard setbacks. This house placement provides an attractive street appearance, good access and driveway design, with adequate separation from the proposed wetland buffers. Staff recommends that the in exchange for the PUD flexibility for lot widths and area the applicant adhere to the proposed front yard setbacks as illustrated in the approved site plan. This would impose front yard setbacks for the plat ranging from 45 to 115 feet. With the increased front yard setbacks the proposed side yard (10/5 feet) and the rear yard (25 feet) are acceptable. Applicant shall provide a lot by lot list of setbacks to the city for reference and application to the building permits as they are processed. Housing Styles: The applicant has provided a building model that will fit the proposed lots. This is a slab on grade, four bedroom home with 2380 sq. ft. of living space and 3 car garage. The house offers three different facades to provide a variable appearance between homes. As part of the PUD approval the city will require that this home model be constructed within this plat. Any change in house model will require city approval. C Agenda Page 35 Easements: The Plat illustrates that proper drainage and utility easements along the property lines and over the established wetlands, wetland buffers and drainage ways. Utilities: The site plan illustrates the location of utility service into each lot from 64t" Street. The City Engineer shall comment on the utility plan and street restoration. All water service valves shall be located outside of driveways to avoid future potential damage. Grading and Drainage: The subdivision's grading, drainage and building pad elevations shall be subject to the review and recommendations of the City Engineer. Landscaping: The following landscape requirements shall apply to new subdivisions; 1. All lots shall have yard areas sodded or seeded to establish ground cover within 30 days of building occupancy. Front yards must be sodded. Rear and side yard may be seeded. 2. The Developer is required to plant one shade tree or evergreen tree per lot that meet the City's standard for species and size. 3. The plat shall provide a fence or landscape screening along the east lot line of 8 Block 1 to screen the parking lot within the park. This screening requirement was part of the original Karston Cove 3rd Addition PUD and will be applied to this new PUD. Sidewalks: The site plan shows a sidewalk along the full length of Block 1, along the south side of 64t" Street. The Applicant shall be responsible for the construction of this sidewalk. Development Agreement: Upon approval of a Final plat the developer shall enter into a development contract and post a financial security for the development of the plat and required improvements. Home owners Association: As a condition of the 2016 Karston Cove 4t" Addition final plat approval the City reserved the right to require the future development of this site to join the Karston Cove Townhome Association. This provision was contingent on the existing HOA amending its association documents to allow the addition of real estate after its expiration date of 2013. No Change to the association documents has occurred to date. The City Attorney has stated that the City may not impose any obligations on the developer to add future lots to the existing HOA unless the declaration establishing the HOA has been modified to allow the addition of real estate on or before the final plat is approved by the city. (See Exhibit F the City Attorney memo). VA Agenda Page 36 CONCLUSION: Cenra Albertville LLC. Has requested consideration of the two development applications; rezoning of the site from R-5 to PUD to allow for the single family subdivision and the preliminary plat. Rezoning: Any land use or zoning change is a policy decision of the planning commission and city council. The proposed development site has development constraints (wetlands, high water table and drainage) that complicate site development and made the original townhome PUD impractical to construct. The current request moves away from the townhome dwellings and attempts to fit the single family lots with the buildable portions of the site. The planning commission and council must make the determination that the change in use is appropriate for the site. The reduced density will not overburden the city services, utilities, or streets. The proposed housing units will be of a value and design that will not depreciate surrounding properties or create a negative impact on the neighborhood. If the planning commission finds that the proposed single family subdivision is appropriate for the site, a recommendation to approve of the rezoning should be forwarded to the City Council. Preliminary Plat /PUD: If the rezoning is approved staff would recommend that the preliminary plat / PUD be approved with the following conditions. The wetland and its buffer area be platted as an outlot and dedicated along with outlot A to the City. The developer shall install wetland buffer demarcation signs along the outlot boundaries to avoid trespass or alteration of the wetland buffers or wetlands. 2. The final plat shall show the new outlots and new lot configurations for Lot 2 and 3 Block 1. The city grants PUD flexibility for the lot widths and the narrow lot widths for lots 2 and 3 Block resulting from the dedication of the outlot. 3. The City approves the requested side and rear yard setbacks. The Front yard setbacks shall be as shown on the approved site plan. Applicant shall provide a lot by lot setback list to the City for reference and application at time of building permit. 4. The Developer shall construct the house design that has been provided and approved with this PUD within this Plat. 5. The Applicant shall comply with the recommendations of the City Engineer regarding grading, drainage, storm water management, utilities and street restoration. 0 Agenda Page 37 6. Developer shall locate the water service valves outside the driveways. 7. Developer shall construct the sidewalk to city standard for the full length of the plat along 64t" street. 8. Developer shall provide a landscape plan that complies with the city requirements for tree plant on each lot, ground cover restoration, wetland buffer plantings and a graphic plan for the establishment of a landscape screen or fence along the east side of lot 8, Block 1 to screen the park parking lot. 9. The developer shall enter into a development IPUD agreement with the city that outlines the terms of this PUD approval and establishes a financial security for required plat improvements. 10. The City reserves its right to require the Karson Cove 6t" Addition plat to join the Karson Cove Townhome association if the Association documents to allow the addition of real estate are amended on or before the approval of the final plat. The requirement to join the HOA will at the discretion of the Council based on their review of the conditions and terms of membership. Cc. Maeghan Becker Mike Couri David Paber Randy Christenson C Agenda Page 38 CITY of ALBERTVILLE COUNTY of WRIGHT STATE of MINNE SOTA ORDINANCE No. 2 017-09 AN ORDINANCE AMENDMENT To THE ALBERTVILLE CITY ZONING MAP RELATED To REZONING of PARCELS WITHIN THE CITY of ALBERTVILLE. THE CITY COUNCIL of THE CITY of ALBERTVILLE ORDAINS: Section 1. The Albertville Zoning Map is hereby amended to rezone the following legally described property from R-5 Medium Density Residential District to PUD Planned Unit Development District: Legal Description: outl of A Karston Cove 4th Addition. THIS MAP AMENDMENT SHALL BE IN FILL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSANGE AND PiBLICATIONS. Approved by the Albertville City Council May 7, 20188 ATTEST: Kimberly A. Hodena, City Clerk Jillian Hendrickson Mayor EXHIBIT C Agenda Page 39