1997-06-17 CC Findings of Fact
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6-17-97
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CITY OF ALBERTVILLE
City Council
Findings of Fact
& Decision
Applicant's Name: Steve Feneis. Cottages of Albertville
Request:
Cottage Builders, Inc. has submitted a preliminary plat and site plans for the development
of 36 owner occupied attached single family quad-homes and 44 renter occupied town
homes. The land is currently owned by Kenco and is proposed to be subdivided into 2 base
lots (one for owner occupied and one for renter occupied), with the owner occupied base lot
further divided into 36 unit lots to permit individual ownership. Four outlots have also been
created to allow for street construction and the future expansion of 20 owner occupied units.
The property is currently zoned a combination of B-3, Highway Commercial and R-1 A, Low
Density Single Family. The applicants propose to rezone the property to Planned Unit
Development. The Comprehensive Land Use Plan designates the owner occupied portion
of the subject property commercial/medium density residential while the remainder is shown
as low density residential. An amendment to the Comprehensive Plan is necessary to allow
the medium density development.
City Council Meeting Date: 17 June 1997
Findings of Fact: Based on review of the application, evidence received, and recommendation of the
Planning Commission, the City Council now makes the following findings of fact and decision:
1) The legal description of the subject property is as follows:
Outlot A, Parkside Third Addition and Outlot 0, Center Oaks, according to the plat thereof, on file
and of record in the Office of the County Recorder, Wright County, Minnesota.
2) The Planning Report dated 1 April 1997, prepared by NAC, Inc. and the Memorandums prepared by
SEH dated 27 March and 7 April 1997, and the Memorandum prepared by Michael Couri dated 7
April 1997 are incorporated herein.
3) On 8 April 1997 the Albertville Planning Commission conducted a public hearing to consider the
applicant's request, preceded by a published and mailed notice. On 29 April 1997 the Planning
Commission discussed the trail location in relation to CSAH 19 and the proposed development.
Upon review of the application and evidence received, the Planning Commission recommended that
the City Council approve the project.
Decision: Based on the foregoing considerations and applicable ordinances, the applicant's request for
Preliminary and Final Plat Aooroval and Site Plan Review has been approved based on the most current
plans and information received to date, subject to the following conditions:
1. An amendment is approved to the City's Comprehensive Plan whictl permits the designation of
commercial and low density residential uses to medium density.
2. Rezoning of the land described in the Cottages of Albertville plat is approved from B-3, Highway
Commercial and R-1 A, Low Density Residential to Planned Unit Development, pending completion
and approval of other project components by the City Attorney including but not limited to:
Comprehensive Plan amendment, TIF district set up (rental only), special qualification as a housing
district under state law, developer's agreement, protective covenants/association agreement, deed
restrictions (owner Oaied), and a rental agreement. Rezo.for that portion of the approved
Cottages of Albertville Concept Plan shown as Outlots A and B of Center Oaks shall be denied until
such time as a Development Stage (final) Plan is submitted and considered by the City.
3. Kalland Avenue is extended to the boundaries of the development and is constructed by 1998 (as
specified in the development agreement) to allow for the second access into the rental community.
4. Wright County approves the proposed project with regard to the amount of right-of-way dedication
and the naming of streets.
5. Legal descriptions are established for the trail easements which are to be dedicated to the City to
accommodate trails along 57th Street, CSAH 19 and that between the rental units/community room
and owner occupied units.
6. An eight (8) foot bituminous trail is installed within the right-of-way on the south side of 57th Street,
to be located five (5) feet from the edge of the curb. A ten (10) foot bituminous trail is installed by
the developer as shown on plans upon completion (estimated for 1998) of the CSAH 19
improvements.
7. Less the cost of trail construction, the remaining park dedication requirement is satisfied with a cash
contribution.
8. Future development phases will require separate Planning Commission and City Council approval
as well as amendment to the Planned Unit Development agreement to be signed with the first phase.
9. A property maintenance agreement or declaration of covenants, conditions and restrictions must be
prepared by the applicant and submitted to the City Attorney for his review and approval. It shall
include specific restrictions as discussed herein as well as other provisions prescribed by the
Planning Commission, City Council and/or City Attorney. An original, signed copy must be filed with
the Wright County Recorder's Office as a deed restriction against the title of each unit lot.
10. The location(s) of signs to be used within the project are shown on revised site plans and the sign
sizes and design are submitted to the City Planner for review and approval according to the following
requirements. Plans may be submitted following the start of construction for review and approval
by the City Planner, however, no certificates of occupancy will be granted until desired signs are
accepted.
a. For each dwelling unit, one name/address plate shall be permitted not exceeding two (2)
square feet.
b. The development shall be allowed up to three (3) overall project identification signs (one
facing each street frontage) up to forty (40) square feet each.
Adopted by the Albertville City Council this 17th day of June 1997.
City of Albertville
By:
Attest:
Mark Olsen, Mayor
pc: Steve Feneis, Gary Hale, Linda Houghton, Mike Couri, Pete Carlson
Cottages of Albertville CC FOF - Page 2