2000-08-21 CC Findings of Fact
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CITY OF ALBERTVILLE
8/21/00
City Council
Findings of Fact and
Decision
Applicants Name: Contractor Prooerty Developers Company (CPDC)
Homer H. Thompkins III. President
Request: CPDC has submitted plans for development of 150 single family lots in a
neighborhood called Towne Lakes PUD. The property includes 85 acres located
between School and Mud Lakes in the northeast quadrant of Albertville.
The application requests a rezoning from R-1A, Low Density Single Family Residential
to PUD, Planned Unit Development; a CUP/PUD and variance under the Shoreland
Regulations and a preliminary plat.
Planning Commission Meeting Date: August 21, 2000
Findings of Fact: Based upon review of the application and evidence received, the
City Council makes the folllowing findings of fact and decision:
1. The legal description is attached as Exhibit A.
2. The planning report, dated July 7, 2000, prepared by Northwest Associated
Consultants, Inc. is incorporated herein.
3. The requirements of Sections 400, 500,4800, and 4900 of the Albertville Zoning
Ordinance have been reviewed in relation to the proposed plan.
4. The proposed development will not impair an adequate supply of light and air to
adjacent property.
5. The proposed development will not unreasonably increase the congestion in the
public street.
6. The proposed development will not increase the danger of fire or endanger the
public safety.
7. The proposed development will not unreasonably diminish or impair established
property values within the neighborhood, or in any way be contrary to the intent
of this Chapter.
8. The proposed development does not violate the intent and purpose of the
Comprehensive Plan.
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9. The development of 150 lots on 85 acres is a density of 1.76 units per acre.
10. The proposed development meets the criteria for variance in that the land is
encumbered by wetlands and utility easements that limit the location of buildable
property and the plan preserves significant trees and provided a shoreland
buffer.
11. The developer is proposing a plan that creates a single-family residential
neighborhood with 20 acres designated for park and open space amenities.
12. The property is unique within the community in that it is located between two
natural enviornment lakes.
13. The plan incorporates tree preservation, wetland mitigation and enhancement, a
shoreland buffer, landscaping in excess of the ordinance, open space in excess
of the olrdinance, and public and private design features that make the
neighborhood and PUD proposal unique.
14. The Planning Commission held a public hearing on the applications on July 12,
2000, and no member of the public submitted written or oral objections to the
plan.
Recommendation: Based upon the findings and applicable ordinances, the City
Council hereby approves the PUD/CUP, preliminary plat and variance under the
Shoreland Regulations subject to the following conditions:
1. All actions on this item are contingent upon successful completion of the EAW
process. Any required modifications to the plan will require resubmittal to the
City. No final approvals should be granted until the EAW is complete.
2. No rezoning of the property shall occur until the final plat is approved by the City
Council.
3. The plans are subject to review and approval of the City Engineer.
4. A PUD agreement shall be drafted by the City Attorney and shall incorporate all
items related to the design flexibility and the responsibilities of the developer and
the City regarding improvements.
5. Homeowners Association documents shall be submitted and are subject to the
review and approval of the City Attorney.
6. The Plans are subject to review and comment of Wright County.
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7. The plans are contingent upon issuance of a permit by the U.S. Army Corp of
Engineers and a permit under the Wetland Conservation Act.
8. Written approval shall be obtained from the DNR.
9. House designs acceptable to the City shall be submitted to demonstrate the
ability to build on the smaller lots.
10. Park dedication shall be 20% of the 85 acre site.
11. Sidewalks sahli be installed by the developer on both sides of the loops street as
part of roadway construction.
12. Trails identified within the plat shall be installed by the developer with a material
to be approved by the City.
13. Tree trimming within the development shall be the responsibility of the
Homeowners Association.
14. A second access into the site shall be addressed as phasing of the project
proceeds.
Adopted by the Albertville City Council this 21st day of August, 2000.
City of Albertville
ATT~
By: ~ ~J-
Linda Goeb, City tlerk
~1AY-14-2001 08:37
CPDC
612 971 0576 P.01/02
c ON TIt A CT bit PRO PER T Y D EVE LOP E R S COM P .ANY
FACSIMILE TRANSMITTAL SHEET
TO,
Lii1da Goebs
COMPANYl
CITY OF ALBERTVILLE
FllOM:
David Hempel
Dh't.f.,
May 11, 2001
rr...x NUMBER,
7~3 _-497.3210
PHONe NUMBER:
612-497.3384
TOTAL t>lO, 01' PAGBS INCLUDING COVu,:
2
SENDER'S PHONE NUMBER:
763.971.0477 en. 2021 cell 612-240-7822
II.E: SIlNDER'S FAX NUMJlEB.:
CITY PARK DEDICATION - TOWNE LAKES 763-971.0576
URGENT
Cl FOR }'U~VIEW D PLEASE COMMENT [] PLEASE REPLY 0 PLEASE RECYCLE
No'I'ESJCOldMWTS:
Hi Linda, oould clarify for me which parks/open areas on the attached map we need to
convey to the City 'With phase I? Also, does the city want us to maintain them for a
period of tUne after they are developed? i.e. turf established, park lot COl1$trueted ea.
Please let me know at your convenience. ThanksJ
Cc
THE QtfADlf.ANi BUILDING. 7100 NORTHLAND CIRCLE. SUITE 'UIS, MINNEAPOLIS, hotN S!418