2003-03-18 CC Findings of Fact
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CITY OF ALBERTVILLE
(Revised March 18, 2003)
City Council
Findings of Fact
& Decision
Albertville- Towne Lakes PUD Phase II
Rezone / PUD / Shoreland CUP / Preliminary Plat / Variance
Applicant's Name: Contractor Property Developers Corporation
Request: Contractor Property Developers Corporation submitted an application on
December 18, 2002 to rezone an area from R-1A to PUD, Shoreland CUP/PUD,
Preliminary Plat, and variances from the 30% impervious surface standard within the
Shoreland area and 50% open spaces required for the Tier 1 Shoreland area for plans
dated and revised on March 11, 2003.
City Council Meeting Date: March 17, 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 as follows:
See Attached.
B. The planning reports dated January 9, 2003 and February 6, 2003 from Northwest
Associated Consultants is incorporated herein.
C. The proposed use can be accommodated with existing public services and will not
overburden the City's service capacity.
D. Traffic generated by the proposed use is within capabilities of streets serving the
property as proposed.
E. The requirements of the Albertville Zoning Ordinance have been reviewed in relation
to proposed plans.
F. The proposed actions have been considered in relation to the specific policies and
provisions of and have been found to be consistent with the Comprehensive Plan.
G. The proposed development will be compatible with present and future land uses of
the area.
H. The proposed use conforms to all applicable Zoning Ordinance performance
standards.
I. The proposed use will not tend to or actually depreciate the area in which it is
proposed.
J. The Planning Commission held a public hearing on February 11, 2003 to consider
the development application and take public testimony. The Planning Commission
recommended that the Council approve the development application subject to the
conditions outlined in the January 9, 2003 and February 6, 2003 planning report.
Decision: Based on the foregoing information and applicable ordinances, the City
Council APPROVES rezoning an area from R-1A to PUD, Shoreland CUP/PUD,
Preliminary Plat, and variances from the 30% impervious surface standard within the
Shoreland area and 50% open spaces required for the Tier 1 Shoreland area.
Approvals are based on the most current plans dated and revised March 11, 2003 and
information received to date subject to the following conditions:
Variances of the 30% Impervious Surface Coveraqe within the Shoreland Area:
This variances deals with exceeding the 30% impervious surface within the Shoreland
Area. In discussion with the DNR, they recognize that the overall site design provides
sensitivity to the existing lakes and felt comfortable with the variance from the 30%
impervious surface provided that the following items are addressed:
1. The site plan provides 180+ foot setback from the OHWM to new residential
development from School Lake in Phase II exclusive of lots approved with Phase I
and the barn.
2. The applicant incorporate stormwater treatment measures to increase the water
quality entering the lake.
Variance from the 50% open space within Tier 1.
This variance deals with maintaining at least 50% of the project being preserved as
open space for public and private enjoyment and at least half of that preserved open
space is required to be in Tier 1. The overall open space does represent 50% of the
overall site, however, the Tier 1 application cannot be met and is seen as a physical
hardship unique to the property.
Preliminary Plat / PUD Rezonino/ Shoreland CUP/PUD:
1. All lots within the ghost plat shall be 15,000 square feet. No angled lot lines shall
be permitted and all lot lines should be radial to the street as part of the
preliminary plat. The southern cui de sac will need to be extended to the east
property line.
2. The applicant must illustrate separate utility connections for each of the
town home units to allow separate water turnoff and sewer connections through
landscaped yards of the town homes.
3. The City shall undertake a study to determine the cost of improving both County
Road 19 and 70th Street as minor arterial streets and assign a cost associated
with their development to the Towne Lake Phase II residential and commercial
development. Said money shall be set aside in escrow to help finance these
later street improvements.
4. Towne Lakes preliminary plat shall illustrate a dedication of 60 foot right-of-way
from Street 1 to the eastern portion of the preliminary plat. The preliminary plat
shall illustrate a dedication of 70 foot right-of-way from County Rd 19 east to
Street 1 .
5. All stormwater drainage and management shall be subject to City Engineer
review and approval.
6. All utilities associated with the development shall be subject to the City Engineer
review and approval.
7. Wetland delineation and wetland mitigation plans shall be subject to approval by
the City subject to comments by the City Engineer.
8. An EAW is required for the proposed development. Said EAW must be
determined to have a negative declaration prior to approval of the preliminary
plat.
9. Park land dedication of 5.81 acres is deemed appropriate by the City and
accepted. The difference between 10% land dedication required by ordinance
and the land dedication being proposed shall be compensated with a cash
contribution. If additional improvements meet the 10% land dedication required
by ordinance, no additional park dedication will be necessary.
10. The conditions of the PUD approval shall be outlined in a PUD agreement which
will include all provisions, all flexibility, and conditions that will govern future
development of the plat. Said agreement shall be entered into by the developer
and the City.
11.AII townhomes shall be owner occupied. Deed restrictions and the recorded
PUD Agreement shall prohibit rental units.
12. The applicant shall provide the City with revised architectural guidelines that
illustrate the following:
a. All homes built within the Development shall be constructed in conformity
with the general design guidelines. No home shall be constructed on any
lot until the home design, home placement, and construction materials to
be used have received approval of the Architectural Review Committee to
be established by the Homeowners Association.
b. Provide different housing fronts for detached townhomes. No two side-by-
side home fronts shall have the same architectural design.
13. The applicant shall provide parking stalls for townhomes located within the
southwestern portion of the site plan.
14. The applicant shall provide a minimum of 40 additional parking stalls within the
park area.
15. The applicant shall adhere to visual traffic and visibility provisions outlined within
Section 1000.8 of the City's Zoning Code.
16. Lot 3 Block 9, and Lot 11 and 12 of Block 3 are allowed to have twinhome / two
family units per the design standards approved as part of the PUD.
17. Subject to City comments pertaining to grading, drainage, and streets. The local
streets shall be constructed with the following paved widths:
a. 32 feet Lake Street Drive between County Road 19 and Lakewood Drive.
b. 32 feet Street 1.
c. 28 feet for all other local streets.
Adopted by the Albertville City Council this l/f ~ day of March, 2003.
City of Albertville
By: ~(<ff:
on Peterson, Mayor
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Attest:
By:
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Linda Goeb, City Administrator