2000-08-25 CC Findings of Fact
8-25-00
CITY OF ALBERTVILLE
City Council
Findings of Fact
& Decision
-Final Plan PUD
-Final Plat
Applicant's Name: Pilot Land Development - Cedar Creek South Sixth Addition Final
PlaUFinal Staoe PUD Plan (part of Cedar Creek Golf Course
Planned Unit Development)
Request: Pilot Land Development has submitted Final Plan PUD plans and the (final
plat) for Cedar Creek South Sixth Addition. The plat includes 20 detached
townhome lots on 5 acres and a 1.1 acre triangular parcel that is part of
Cedar Creek Golf Course.
City Council Meeting Date: 5 September 2000.
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 legal descriptions of the subject properties are as follows:
Outlot B, Cedar Creek and That part of the Northwest Quarter of the Southwest
Quarter of Section 2, Township 120, Range 24, Wright County Minnesota, lying
northeasterly of the centerline of C.S.A.H. No. 18 (formerly known as County Road
No. 18).
B. The NAC Planning Report dated 25 August 2000 is incorporated herein.
C. The letter from Wright County dated August 31,2000 is incorporated herein.
D. The requirements of Section 2700 (Planned Unit Development) of the City Zoning
Ordinance have been met.
E. The final plat and Final Stage PUD Plans are in substantial compliance with the
Development Stage PUD and preliminary plat.
Decision: Based on the foregoing considerations and applicable ordinances, the
applicant's request for approval of Cedar Creek South Sixth Addition Final Plat and
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Cedar Creek South 6th Addition
Final PUD/Final Plat
City Council Findings of Fact
Final StaQe PUD has been approved based on the most current plans and information
received to date, subject to the following conditions:
1. All grading, drainage, and utility issues are reviewed and approved by the City
Engineer.
2. Parking and internal road circulation (with proposed parallel parking on the 22-foot
wide private street) are reviewed and approved by the City Engineer and Fire
Department.
3. The 27 -foot-wide strip of land along CSAH 18, (proposed Outlot A), northwest of the
proposed detached townhomes, must be dedicated as right-of-way, rather than
platted as an outlot.
4. The applicant shall obtain all required driveway, utility and other permits required by
the City Engineer and/or Wright County.
5. The private street shall be named Jason Court.
6. A street lighting plan is submitted specifying the style, height, strength/wattage and
distribution of lights proposed within the development. Said lighting plan and the
location of lights shall be subject to review and approval of the City Engineer.
7. City Council approval to allow PUD flexibility for building separation to be reduced
from 17.5' to 12 feet to accommodate the detached townhome units.
8. A full size landscape plan (and 11 x 17" exhibit to attach to the development
agreement), is submitted showing planting locations, species, planting instructions
and addressing the following conditions:
a. Proposed screening along CSAH 18.
b. Foundation plantings conforming to the requirements of the Zoning
Ordinance.
c. The front and side yards (and/or any other yard which abuts a public street) of
all lots shall be sodded. Rear yards that do not abut a public street may be
seeded and mulched.
d. A minimum of one shade tree or evergreen tree, conforming to the minimum
size and species requirements of the Albertville Zoning Ordinance shall be
planted prior to issuance of an occupancy permit for each lot within the final
plat.
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Cedar Creek South 6th Addition
Final PUD/Final Plat
City Council Findings of Fact
e. A cost estimate for plant materials and installation of screening shall be
provided for the purposes of calculating the required escrow.
f. An escrow for the landscape/screening materials in the amount equal to
150% of the estimated cost for said materials, is provided to assure
installation and survivability of all required plantings. (All new plants shall be
guaranteed for two full years from the time the planting has been completed).
9. The common area within the project must be platted as an outlot rather than Lot 21,
Block 2.
10. The developer shall establish a homeowners' association via a recorded covenant
for this development. The association shall provide for maintenance of all common
areas (including the area of the platted lots that are not covered with structures), and
the exterior of all town home structures. Said association agreements/covenants
shall be in a form and content acceptable to the City Attorney.
11 . If a subdivision identification sign is desired by the developer to identify the Albert
Villas development, a sign plan is submitted for review and approval of the City
Planner. Deed restrictions or other appropriate documentation shall be provided to
identify that the private homeowners association 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 sign 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 Wright County.
12. The City Council reserves the right to allocate wastewater treatment plant capacity in
a manner it believes to be in the public's best interest.
13. A current title opinion or commitment of title insurance shall be submitted acceptable
to the City Attorney.
14. The developer shall provide financial security for all applicable site improvements,
acceptable to the City Engineer and City Attorney.
15. A developer's agreement is prepared by the City Attorney and signed by the
applicant.
16. The developer shall provide the City with a reproducible copy of the recorded final
plat, either chronoflex or its equivalent, and two prints prior to issuance of building
permits for the lots.
17. 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
Cedar Creek South 6th Addition
Final PUD/Final Plat
3 City Council Findings of Fact
, .
plat. Failure to record the documents by January 3, 2001 will render the final plat
null and void.
18. Park dedication fees shall be paid as set forth in the PUD Development Agreement.
19. All fees associated with this project shall be paid prior to the release of the final plat
mylars to the applicant.
20. Per Wright County Letter (August 31, 2000) "A right-of-way dedication of 60 feet is
required from the existing centerline of CSAH 18. Currently the development stage
plan shows a 27 foot wide strip of land along CSAH 18 as "outlot A"
21. Per Wright County Letter (August 31, 2000) "Access permits for the two (2)
proposed town home pod accesses to CSAH 18 have not been received by our
office. Right turn lanes will be required to be constructed for these two (2) accesses.
Permits for these two (2) accesses are required for access to CSAH 18 and
applications should be sent to Richard Marquette of our office for processing. We
have previously agreed in concept to these access locations, but no access permit
has been issued to date. We will require a certified check in the amount of $10,000
for each access permit as security (in lieu of a bond) before the access permits will
be issued."
22. The Developer shall be responsible to pay all trunk sewer and water charges as
determined by the City Engineer.
23. Construction on the lots shall be consistent with the plans attached to the 9/5/00 City
Council Agenda Report as Exhibits D, H, and I, unless otherwise approved by the
City Council.
24. 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 September 2000.
City of Albertville
/-
Attest:
By:!
pc: Linda Goeb, Mike Couri, Peter Carlson, Wayne Stark, Kevin Mealhouse, Chad Cichos, Denise
Johnson, Joint Powers Water Board, Wayne Fingleson and Don Jensen
Cedar Creek South 6th Addition
Final PUD/Final Plat
4 City Council Findings of Fact