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2014-02-03 Resolution No. 2014-005 CITY OF ALBERTVILLE • COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2014-005 RESOLUTION APPROVING THE HUNTERS PASS ESTATES 2ND ADDITION PRELIMINARY PLA, FINAL PLAT, AND PLANNED UNIT DEVELOPMENT AMENDMENT, OF THE HUNTERS PASS ESTATES PLANNED UNIT DEVELOPMENT WITHIN THE CITY OF ALBERTVILLE. WHEREAS, Tollberg Homes has submitted the Hunters Pass Estates 2nd Addition Preliminary and Final Plat for City approval; and WHEREAS, City Staff has reviewed the submitted plats and associated development plans, and the planning report dated January 9, 2014 has been prepared by Northwest Associated Consultants, and the engineering report dated January 7, 2014 has been prepared by the City Engineer, outlining staff findings and recommendations; and WHEREAS, the Albertville Planning Commission met and held a public hearing on January 14, 2014 to consider the application; and WHEREAS, upon review of the application, staff reports and hearing public testimony, 411 the Planning and Zoning Commission closed the public hearing and recommended that the City Council approve the preliminary plat, final plat, and PUD amendment for Hunters Pass Estates 2nd Addition, with the conditions outlined in the January 9, 2014 planning report and January 7, 2014 engineering report, and the additional condition that lot setbacks listed in Exhibit F of the planning report be established as required setbacks for the development; and WHEREAS, the Albertville City Council met on February 3, 2014 to consider the Hunters Pass Estates 2nd Addition Preliminary and Final Plat request; and WHEREAS,the Albertville City Council has reviewed the application, City staff reports, and the Planning Commission recommendations and agrees with the findings and recommendations of the Planning Commission; and NOW THEREFORE BE IT RESOLVED,that the City Council of Albertville, Minnesota hereby approves the Hunters Pass Estates 2nd Addition Preliminary and Final Plat and PUD amendment subject to the attached Findings of Fact and Decisions. Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following findings of fact and decision: A. The site is legally described as Outlot C of Hunters Pass Estates. B. The planning report dated January 9, 2014 from Northwest Associated Consultants is incorporated herein. • C. The Hunters Pass Estates PUD was approved in October 2004, and the original Hunters Pass Estates plat was approved in 2005, with Phase I of development implemented soon after. Page 1 City of Albertville Resolution No.2014-005 Page 2 • D. The Hunters Pass Estates 2nd Addition plat can be accommodated with existing public services and will not overburden the City's service capacity. E. Traffic generation by the proposed plat is within the capabilities of streets serving the property as proposed. F. The requirements of the Albertville Zoning Ordinance have been reviewed in relation to the proposed plat. G. The proposed actions have been considered in relation to the specific policies and provisions of the City and have been found to be consistent with the Comprehensive Plan. H. The proposed development will be compatible with present and future land uses of the area. I. The proposed use conforms to approved planned unit development standards. J. The proposed plat will not tend to or actually depreciate the area in which it is proposed. Decision: Based on the foregoing information and applicable ordinances,the City Council Approves the Hunters Pass Estates 2nd Addition Preliminary Plat, Final Plat, and PUD amendment based on the plans dated November 12, 2013 and information received to date subject to the following conditions: 1. The applicant shall install and maintain wetland demarcation signage at the boundaries of the wetland buffer. The sign design and sign location shall be approved by the City Engineer. • 2. The applicant shall provide a landscape plan illustrating a vegetative buffer planting along the northern border of the site, between Phase II lots and 70th Street NE. In addition, one shade or evergreen tree must be planted per residential lot, which will be required as part of the development agreement. All other plantings shall adhere to the landscape plan approved with the final plat for the Hunters Pass Estates PUD in 2005. 3. There are 12 single-family lots within Said Plat. Therefore, the park dedication fees for the development of Said Plat is $39,600 (12 single-family lots x $3,300). Park dedication fees shall be paid on each lot at the time a building permit for such lot is applied for. Developer agrees that the City may special assess the park dedication fees against the lots in Said Plat to be collected with the 2015 real estate taxes in the event all such park dedication fees are not paid by January 1, 2015. As park dedication fees are paid on each lot prior to January 1, 2015,the City shall remove the park dedication fee-related special assessments from such lot. Any park dedication fees not paid by December 31, 2014 shall remain as assessments against such lots and shall be due and payable with the 2015 property taxes. The City shall not charge interest on the special assessments, but Developer shall pay any penalties and interest that may accrue by virtue of Developer's failure to pay such special assessments when they become due in 2015. 4. The applicant shall adhere to established architectural standards (design guidelines) for the Hunters Pass subdivision, as adopted by the Hunters Pass Estates Homeowners . Association. The architectural guidelines shall be amended to stipulate that all decks and/or porches shall be designed to fit within the approved PUD building setbacks. City of Albertville Resolution No.2014-005 Page 3 • 5. Following final plat approval, the entire plat shall be brought into the Hunters Pass Estates HOA at the time of recording, and the developer and Phase II homeowners shall adhere to the HOA declaration, bylaws, and rules, and any addendums to said standards. 6. The applicant is required to enter into a PUD agreement that demonstrates that Hunters Pass Estates Phase II will implement and adhere to all conditions provided in the original Hunters Pass Estates PUD agreement and the conditions of the January 9, 2014 planning report. 7. All homes must be constructed at least three feet above Hunters Lake's OHWL of 947.3, low floor elevation for all homes in the proposed development must be at 950.3 feet in elevation or higher. 8. The applicant shall comply with the recommendations of the January 7, 2014 City Engineer memo, as follows: a) The Applicant secures the NPDES permit(storm water) and a WCA No loss/No Impact permit(wetlands)prior to commencing work. b) All Improvements are constructed in accordance with the latest edition of CEAM's Standard Utility Specifications and Albertville City Standards. c) Record drawings of all site improvements, as described by the City's As-Built Checklist, are required prior to release of surety. II d) Applicant shall submit a wetland demarcation signage plan for City review and shall install signage as directed by the City. e) Street lighting, and private utility(electric, gas,phone) plans shall be submitted for review. f) The storm sewer/forcemain crossing shall be insulated, as specified by the City. g) The irrigation service lines in the cul-de-sac shall be repaired or replaced as required. h) The proposed B612 curb for the cul-de-sac island shall be revised to 28-inch surmountable. i) Outlot A shall be deeded to the City. 9. The lot setbacks provided in Exhibit F of the planning report dated January 9, 2014 shall be established as required setbacks for the development. Adopted by the Albertville City Council this 3`d day of February 2014. • , , p, .. itateles,"%.00, Jilli drickson, Mayor ATTEST: • -/...t.„4--;.-,--1/1 % Kimberly AXilson, City Clerk