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2003-10-30 CC Findings of Fact Prelim Plat, PUD & CUP 10-30-03 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Preliminary Plat, PUD, & CUP Applicant's Name: Contractors Property Developers Company (CPDC) Request: Contractors Property Developers Company has requested approval of the following applications: 1. Preliminary plat for that portion of Towne Lakes Third Addition including Lot 1, Block 1 and Outlot E. 2. Planned unit development (PUD). 3. Conditional use permit for impervious coverage in excess of 25 percent and up to 80 percent. The expressed intention of these applications would be for the commercial build out of Lot 1, Block 1 and Outlot E, located between County Road 19 and Langford Drive within the Towne Lakes subdivision. Approval of a planned unit development is requested to allow flexibility in the following areas: 1 . Access between the public streets of Lake Town Drive, Linwood Drive, and Langford Drive is intended to be provided through a system of private streets that will serve the commercial areas. A private street system is allowed through the establishment of a planned unit development. 2. In light of the configuration of Outlot E, the applicant is requesting some flexibility on building setbacks from the public streets. 3. The overall site design is intended to be an integrated shopping area that will provide shared parking and access arrangements. The applicant has requested some reduction in the required parking as a means of reducing the amount of impervious surface and accommodating the individuals needs of the potential retailers and hospitality businesses through shared parking lot arrangements. 4. The site is located within 1,000 feet of School Lake, lying within the Shoreland Overlay District. The applicant has proposed an overall impervious surface of 67 percent, which exceeds the shoreland requirement which requires a conditional use permit. The applicant must address the provisions for exceeding the impervious surface standard of the shoreland requirements as stipulated in Section 4905.61.C of the Zoning Ordinance. 1 Towne Lakes Preliminary Plat, PUD, and CUP Findings of Fact and Decision In exchange for the flexibility that is being requested, the applicant has provided architectural controls and a site design that integrates shared parking areas, provides sidewalks along the private streets that connect with both the trail along County road 19 and sidewalks along Lake Town Road, Linwood Drive, and Langford Drive and has provided an extensive landscape plan. Planning Commission Public Hearing Date: October 14, 2003 City Council Meeting Date: November 4, 2003 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following finding of fact and decision: A. The legal description of the subject property is Lot 1, Block 1 and Outlot E, Towne Lakes 3rd Addition, according to the recorded plat thereof, Wright County, Minnesota. B. The Planning Report, dated October 9, 2003, prepared by NAC, Inc. IS incorporated herein. C. The Planning Commission Recommendation for the application is incorporated herein. D. The City Council finds the preliminary plat acceptable for the platting of the 9.60- acre site as Lots 1 through 6, The Shoppes at Towne Lakes One. E. The Preliminary Plat / PUD of The Shoppes at Towne Lakes One is consistent with the applicable provisions of the Albertville Zoning and Subdivision Ordinances as well as policies of the Comprehensive Plan. F. The Site and Building Plans are in substantial compliance with the Albertville Zoning Ordinance (with the conditions outlined herein). G. The lot area and dimension standards that are applicable to the preliminary plat have been met. Setback flexibility is being approved through a planned unit development. H. The following findings are made regarding the Conditional Use Permit request: 1. All building setbacks exceed the 150 foot minimum setback from ordinary high water mark. The closest building to School Lake is 400 feet away. 2. The site plan does provide efforts to reduce visibility from public waters from adjacent shorelands by vegetation, topography, and building color. The City finds that the applicant has attempted to provide a neutral color 2 Towne Lakes Preliminary Plat, PUD, and CUP Findings of Fact and Decision buildings and provided extensive landscape plans for the entire subdivision. 3. The parking and street lighting will conform with City standards related to location, pole height, and 90 degree cut off directional lighting. 4. The City finds that the collection and treatment of the storm water prior to discharge into the public waters has been addressed as far as both quantity and quality of water subject to the City Engineer's review and comment. 5. While the site impervious surface exceeds 50 percent land use with an average across the subdivision of 67 percent, the City finds that all buildings meet exceed the required setback of 300 feet from the ordinary high water mark. Additionally, the applicant has provided storm water retention and treatment ponds that will address storm water quality prior to its entrance into School Lake. I. The applicant has submitted a revised site plan dated 10/27/03 that illustrates changes requested by City staff and the Planning Commission and outlined within this resolution. Decision: Based on the foregoing information and applicable ordinances, the Preliminary Plat, PUD Development Plans, and Conditional Use Permit for The Shoppes at Towne Lakes One are approved based on the plans dated 9/16/02, revised 10/06/03, and information received to date, subject to the following conditions: PRELIMINARY PLAT AND PUD 1. Access from Outlets of Albertville must be designed in a manner that would insure that one-way north-bound traffic entering the site from Outlets of Albertville. 2. The proposed private street maintains a minimum street width of 28 feet. Private streets shall be posted "no parking". No parking signs shall be installed at the expense of the developer. 3. Access to Lot 1 should be shifted slightly to the south to align with the access drive to Lot 2. 4. Shared access between Lots 2 and 4 should align with the curb cut that will serve what is illustrated as Outlot A and Lot 3 with the elimination of the most northern curb cut on Lot 3. 5. Direct access to Lots 3 and 4 should be adjusted to align with one another. It is our recommendation that the southern curb cut for Lot 3 be moved north to align 3 Towne Lakes Preliminary Plat, PUD, and CUP Findings of Fact and Decision with Lot 4. 6. The private sidewalks serving the fronts of each of the commercial buildings should be extended to connect with the common sidewalk system that will run through the entire PUD. 7. Outlot A be eliminated by combining it with the adjoining lots. 8. The preliminary plat must comply with the City Engineer's recommendations found in a memo dated October 26, 2003. 9. Preliminary plat approval will be contingent on City Engineer comments regarding the preliminary grading and drainage plan. 10. The project must comply with the requirements of the Fire Code. 11. The street proposed to be named Langford Drive must be changed to Linwood Drive. 12. The applicant must address with truck maneuvering templates how truck circulation for delivery of goods will occur for Lots 1,2, 3, and 4. PLANNED UNIT DEVELOPMENT 1. The reduction in parking for Lot 5 and 6 of 17 stalls is approved with the restriction that the Lot 5 land use is limited to a sit-down restaurant and a shared parking agreement with Lot 6 must be put in place. For Lots 1 through 4, all required parking shall be demonstrated per ordinance requirements. The applicant shall address the following issues: a. The applicant shall submit shared access and parking agreements that will run across all lots to allow for common use of parking in the event of overflow need. b. The applicant shall submit a detailed association document that outlines the conditions under which both private streets and parking lots will be maintained and repaired in the future. These association agreements shall be reviewed and approved by the City Attorney. c. The association documents must include language that allows the City to direct the association on improvements in the event that disrepair would occur. 2. The following setback f1exibilities will be approved as part of the PUD: a. Lot 2. The City will allow for a minimum building setback of 20 feet for the 4 Towne Lakes Preliminary Plat, PUD, and CUP Findings of Fact and Decision rear of the buildings on Lot 2 abutting Lake Town Drive and Linwood Drive in compliance with the plans as submitted. b. Lot 3. The City will allow for a 25 foot setback for the building on Lot 3 from the County Road 19 right-of-way subject to the following conditions: (1) The proposed building on Lot 3 provides some architectural features that provide relief from the long continuous roof line that will abut County Road 19. (2) The landscape plan as proposed for Lot 3 IS implemented and maintained. c. Lot 4. The applicant provide a minimum of a 20 foot setback off of Langford Drive and all private drives for the proposed retail buildings. d. Lot 5. The proposed restaurant would maintain a setback of 25 feet from the private road along the west property line and 30 feet along the north property line. e. Lot 6. The hotel would maintain a minimum setback of 29 feet, four inches from the right-of-way of Langford Drive. The pool building would maintain a minimum setback of 20 feet from the right-of-way of Langford Drive. 3. The PUD will be approved subject to the implementation of the preliminary landscape and lighting plan as submitted with the Shoppes of Towne Lakes One. 4. All uses allowed within the Shoppes of Towne Lakes One shall be compliant with B-2A District land uses and performance standards with the exceptions of those approved as flexibility in conjunction with the PUD. 5. The building illustrated on Lot 4 shall be limited in size (floor area) based upon setbacks, parking, and loading and service areas that meet City zoning standards. A separate site plan application shall be submitted for Lot 4 that shall be subject to Planning Commission review and City Council approval. CONDITIONAL USE PERMIT 1. Storm water retention and treatment ponds are subject to review and comment by the City Engineer and Area Hydrologist. 5 Towne Lakes Preliminary Plat, PUD, and CUP Findings of Fact and Decision Adopted by the Albertville City Council this 4th day of November 2003. City of Albertville By: Don Peterson, Mayor Attest: By: Linda Goeb, City Administrator 6 Towne Lakes Preliminary Plat, PUD, and CUP Findings of Fact and Decision