2002-11-19 CC Findings of Fact & Decisioni~
11-19-02
CITY OF ALBERTVILLE
City Council
Findings of Fact
~ Decision
- Preliminary Plat
- PUD Development Stage Approval
Applicant's Name: JMJ Properties, Inc.
Request: JMJ Properties, inc. is requesting Preliminary Plat approval and PUD
Development Stage Plan approval for the JMJ Outlet Mall Phase III located on the parcel of
land zoned B-3 in the northeast quadrant of I-94 and County Road 19. Phases I and II of the
JMJ Outlet Mall have been completed. JMJ Outlet Mall Phase III is located east of Phases 1
and II of the JMJ Outlet Mall. The total site area of the proposed development is 16.46 acres
{717,063 square feet).
Planning Commission Meeting Date: 12 November 2002
City Council Meeting Date: 18 November 2002
Findings of Fact: Based on review of the application and evidence received, the City
Council now makes the following findings of fact and recommendation:
A. The legal description of the subject property is attached as Exhibit A.
B. The Planning Report dated 6 November 2002 prepared by NAC, Inc. is incorporated
herein.
C. The memo dated November 6, 2002 prepared by S.E.H. is incorporated herein.
D. The Planning Commission Recommendation for the application is incorporated herein.
E. The City Council finds the preliminary plat acceptable for the platting of the 16.46 acre site
as Lot 1 Block 1 Outlets at Albertville 3~d Addition including required road right-of-way.
F. The Preliminary Plat of Outlets at Albertville 3~d Addition I consistent with the applicable
provisions of the Albertville Zoning and Subdivision Ordinances as well as policies of the
Comprehensive Plan.
G. The Site and Building Plans are in substantial compliance with the Albertville Zoning
Ordinance {with the conditions outlined herein).
H. The lot area, setback and dimension standards which are applicable to the preliminary
3
plat have been met as illustrated on Exhibit E.
Decision: Based on the foregoing considerations and applicable ordinances, the
preliminary plat and PUD Development Plans for Outlets at Albertville 3`d Addition are
approved based on the plans dated October 17, 2002 and information received to date,
subject to the following conditions:
Development Agreement
1. All conditions imposed upon approval shall be incorporated into and made part of the
development agreement.
Preliminary Plat
2. The applicant must dedicate land to the City of Albertville for park, playground trail and
public open space or pay a park dedication `ee for the development of the proposed
16.46 acres, to be calculated by City Staff.
3. The applicant must dedicate seventy (70) feet of right of way for County Road 19
subject to the approval of the Wright County.
4. The applicant must dedicate a ten (70) foot easement for trail/streetlutilities
abutting the seventy (70) foot County Road 79 right of way subject to the
approval of the Wright County. (Please provide easement description)
5. The applicant must dedicate drainage and utility easements to the City of Albertville.
All easements dedicated and/or given to the City of Albertville are subject to the
approval of the City Engineer.(Show on final plat)
PLANNED UNIT DEVELOPMENT
Site Access
6. Interconnection to the properties abutting the site on the north and south must be
provided consistent with the recommendations of the City Engineer as set forth in
Exhibits N and O attached hereto and incorporated herein by reference. The plans
must clearly illustrate extension of the primary ingress/egress drive south fo the
site property line including relevant signage to accommodate access to the
property abutting the site on the south property line. (Please show on site plan)
The applicant must agree to enter into a cross access easement evidencing such
accommodation.
7. The .applicant must revise the plans fo relocate the northern site access
consistent with the recommendations of the City Engineer as set forth in Exhibit
N attached hereto and incorporated herein by reference. (Please show on site
plan and landscape plan).
8. The applicant must revise the plans to reflect one (1 } ingress traffic lane and two (2)
egress traffic lanes for the primary access drive extending from the primary site access
south to approximately to the first curb cut in the primary parking lot in consistent with
the recommendations of the City Engineer as set forth in Exhibit O attached hereto
and incorporated herein by reference. -Done
9. Curb cuts must be reviewed. and approved by the City Engineer. The parking lot and
drive aisle access roads, design, circulation and signage are subject to the review and
approval of the City Engineer, Fire Department and Wright County. -Done
4
10. All access to and from County Road 19 will be subject to review and approval of
Wright County. -Done
Building/Parking Lot Setbacks
11. The proposed development must meet the required setbacks for the B-3 Highway
Commercial District as amended by the Shoreland Overlay District and the Wetland
Systems Overlay District. -Done
12. The applicant shall implement the submitted parking design to minimize adverse
impact, both visually and from a water quality perspective. -Done
Pedestrian Traffic
13.The applicant shall install two (2) pedestrian crossing areas extending from the
southwest parking lot across the primary access drive consistent. with the
recommendation of the City Engineer as set forth in Exhibit O attached hereto and
incorporated herein by reference. -Done
14. Curb cuts and pedestrian landings should be installed through the landscaped parking
islands for the two (2) pedestrian crossing areas from the southwest parking lot. -Done
15. The plans must provide for installation of a sidewalk on the northern edge of the
access road to Phases I and II of the JMJ Outlet Mall west of County Road 19 to
complete the pedestrian corridor. -Done
96. Developer shall install pedestrian sidewalk north of intersection on to the Phase
11 building. (Please provide concept plan of side for Phase 11}.
Parking
17. The applicant must demonstrate the viability of the parking stalls along the northern
property line of the site and designate the same for employee parking to be enforced
pursuant to the terms of the development agreement. -Done
18.The applicant shall maintain a parking ratio of not less than 5.2 stalls per 1,000 square
feet of gross leasable floor area. -Done
19. Parking stall and aisle dimensions must meet the required dimensions set forth in the
Albertville Zoning Code. -Done
20.Any parking lot lighting must be hooded and arranged so as to reflect away from
adjoining property and public rights-of way and comply with standards set forth
in Section 9000.90 of the Alberto°iHe Zoning Code. (Please provide photometric
plan).
21.A perimeter curb must surround the entire parking area with a minimum five {5) foot
setback from any lot line. -Done
Refuse
22. The proposed screening walls for three (3) of the four (4) trash compactors must
be extended to maximize screening. Staff recommends the long. wall of the
proposed trash screening enclosures be extended to a length not less than
seventy (70) feet for the compactors located on the northern site property line
and the east side of Building E. (show on site plan)
23.A11 concrete trash pads on the plans shall be coded to coincide with the legend
on fhe plans. (show on site plan)
24. The plans must clearly indicate all proposed and anticipated trash disposal
facilities or containers. (show on site plan)
25.The applicant will install a chain link gate covered with screen panels (please show
screen panels within Construction Details) across the entrance to the open service
area for Building G consistent with the plans submitted for safety and screening
purposes and to prevent customer parking within such service area.
Site Grading
26. The site grading plan is subject to the review and approval of the City Engineer. -
Address with Engineer
27. The applicant shall dedicate properly dimensioned drainage and utility easements to
the City of Albertville, subject to the approval of the City Engineer. -Done
Architectural Standards
28. The building elevations must .present aesthetic appeal and reflect continuity of
architectural styling. -Done
Screening/Landscaping
29. Wetland restoration proposed by the applicant is subject to the review and approval of
the City Engineer.
30. The applicant shall provide additional landscaping along the northern property
line of the site consisting of not less than ten (!0) trees placed between the
plantings indicated on the plans to provide maximum screening from the Towne
Lakes development to the north. (Please show additional landscaping as a
result of the access areas)
31. The applicant shall install a fence along the western, northern and approximately 94
feet of the eastern side of the southwestern parking lot as indicated on the plans and
consistent with the specifications set forth in Exhibit P attached hereto and
incorporated herein by reference. -Done
32. The applicant shalt provide additional plantings within the open space adjacent
fo School Lake staggered at various locations within. the sixty (60) foot
designated open space area. (Revise plan to show plantings that will be moved
as a result of providing access areas on the northwest and northeast corners of
the development)
33. The proposed screening walls for three (3) of the four (4) trash compactors must
be extended to maximize screening. Staff recommends the long wall of the
proposed trash screening enclosures be extended to a length not less than
seventy (70) feet for the compactors located on the northern site property line
and the east side of Building E.
34.A/l concrete trash pads on the plans shall be coded to coincide with the legend
on the plans.
35. The applicant will install a chain link gate covered with screen panels across the
entrance to the open service area for Building G consistent with the plans submitted
for safety and screening purposes and to prevent customer parking within such service
area. -Done
36.An underground sprinkler system will be required to provide adequate maintenance of
landscaped areas, except those to be preserved in a natural state. -Done
b
37. The applicant/developer shall sod, seed, or mulch the site within thirty (30) days of
building occupancy or provide an escrow deposit equal to one and one-half times the
estimated cost of ground cover. -Done
38. All landscaping must be completed within one (1) year following the date of occupancy
and guaranteed for two (2) full years from the time planting is completed. -Done
Signage
39. The City must evaluate the Required Sign Criteria submitted for JMJ Outlet Mall
Phase Ill and determine the effect of the differing standards from the Required
Sign Criteria for JMJ Outlet Mall Phase t as revised November 8, 1999. (Please
show sign plan and details)
Lighting
40. The lighting must be recessed so bulbs are not visible and have a 90° cut-off.
41. Light standards shall not exceed thirty (30) feet (including fixtures).
42. All lighting shall be on timers to dim or shut off after normal operating hours. Please
provide a photometric plan.
Utilities
43.A11 utilities or construction over existing utility service lines are subject to review and
approval of the City Engineer.-Done
Shoreland Overlay District
44. Buildings may not exceed twenty-five (25) feet in height. -Done
45. The applicant shall maintain a forty (40) foot buffer adjacent to School Lake plus an
additional sixty {60) feet of open space (total 100 feet). Passive recreational activities
such as trails, picnicking, ponding, wetland replacement or plantings may occur in the
sixty (60) feet of designated open space. -Done
46. The applicant shall provide additional plantings within the open space adjacent to
School Lake staggered at various locations within the sixty (60) foot designated open
space area. -Please provide additional landscaping as a result of the access
areas.
47. The plans must be submitted to the Department of Natural Resources for review and
comment.
Wetland Systems Overlay District
48.The plans must clearly identify the "edge" of the wetland in accordance with the
provisions of the Albertville Zoning Code. -Done
49.The applicant must submit an application for conditional use permit and a wetland
systems impact plan setting forth proposed provision for sediment control, water
management, maintenance of landscaped features, and any additional matters
intended to improve or maintain the quality of the environment. -Done
50. Subject to Fire Department review and comments. -Done
7
11-19-02
CITY OF ALBERTVILLE
City Council
Findings of Fact
& Decision
- Preliminary Plat
-PUD Development Stage Approval
Applicant's Name: JMJ Properties, Inc.
Request: JMJ Properties, Inc. is requesting Preliminary Plat approval and PUD
Development Stage Plan approval for the JMJ Outlet Mall Phase III located on the parcel of
land zoned B-3 in the northeast quadrant of I-94 and County Road 19. Phases I and II of the
JMJ Outlet Mall have been completed. JMJ Outlet Mall Phase III is located east of Phases I
and II of the JMJ Outlet Mall. The total site area of the proposed development is 16.46 acres
(717,063 square feet).
Planning Commission Meeting Date: 12 November 2002
City Council Meeting Date: 18 November 2002
Findings of Fact: Based on review of the application and evidence received, the City
Council now makes the following findings of fact and recommendation:
A. The legal description of the subject property is attached as Exhibit A.
B. The Planning Report dated 6 November 2002 prepared by NAC, Inc. is incorporated
herein.
C. The memo dated November 6, 2002 prepared by S.E.H. is incorporated herein.
D. The Planning Commission Recommendation for the application is incorporated herein.
E. The City Council finds the preliminary plat acceptable for the platting of the 16.46 acre
site as Lot 1 Block 1 Outlets at Albertville 3~d Addition including required road right-of-
way.
Fo The Preliminary Plat of Outlets at Albertville 3~d Addition I consistent with the
applicable provisions of the Albertville Zoning and Subdivision Ordinances as well as
policies of the Comprehensive Plan.
G. The Site and Building Plans are in substantial compliance with the Albertville Zoning
Ordinance (with the conditions outlined herein).
H. The lot area, setback and dimension standards which are applicable to the preliminary
plat have been met as illustrated on Exhibit E.
1 Outlets at Albertville 3~d Addition
Recommended Findings of Fact
Decision: Based on the foregoing considerations and applicable ordinances, the
preliminary plat and PUD Development Plans for Outlets at Albertville 3rd Addition are
approved based on the plans dated October 17, 2002 and information received to date,
subject to the following conditions:
Development Agreement
1. All conditions imposed upon approval shall be incorporated into and made part of the
development agreement.
Preliminary Plat
2. The applicant must dedicate land to the City of Albertville for park, playground trail and
public open space or pay a park dedication fee for the development of the proposed
16.46 acres, to be calculated by City Staff.
3. The applicant must dedicate seventy (70) feet of right of way for County Road 19
subject to the approval of the Wright County.
4. The applicant must dedicate a ten (10) foot easement for trail/street/utilities abutting
the seventy (70) foot County Road 19 right of way subject to the approval of the Wright
County.
5. The applicant must dedicate drainage and utility easements to the City of Albertville.
All easements dedicated and/or given to the City of Albertville are subject to the
approval of the City Engineer.
PLANNED UNIT DEVELOPMENT
Site Access
6. Interconnection to the properties abutting the site on the north and south must be
provided consistent with the recommendations of the City Engineer as set forth in
Exhibits N and O attached hereto and incorporated herein by reference. The plans
must clearly illustrate extension of the primary ingress/egress drive south to the site
property line including relevant signage to accommodate access to the property
abutting the site on the south property line. The applicant must agree to enter into a
cross access easement evidencing such accommodation.
7. The applicant must revise the plans to relocate the northern site access consistent
with the recommendations of the City Engineer as set forth in Exhibit N attached
hereto and incorporated herein by reference.
8. The applicant must revise the plans to reflect one (1) ingress traffic lane and two (2)
egress traffic lanes for the primary access drive extending from the primary site access
south to approximately to the first curb cut in the primary parking lot in consistent with
the recommendations of the City Engineer as set forth in Exhibit O attached hereto
and incorporated herein by reference.
9. Curb cuts must be reviewed and approved by the City Engineer. The parking lot and
drive aisle access roads, design, circulation and signage are subject to the review and
approval of the City Engineer, Fire Department and Wright County.
10.A11 access to and from County Road 19 will be subject to review and approval of
Wright County.
2 Outlets at Albertville 3`d Addition
Recommended Findings of Fact
Building/Parking Lot Setbacks
11.The proposed development must meet the required setbacks for the B-3 Highway
Commercial District as amended by the Shoreland Overlay District and the Wetland
Systems Overlay District.
12. The applicant shall implement the submitted parking design to minimize adverse
impact, both visually and from a water quality perspective.
Pedestrian Traffic
13.The applicant shall install two (2) pedestrian crossing areas extending from the
southwest parking lot. across the primary access drive consistent with the
recommendation of the City Engineer as set forth in Exhibit O attached hereto and
incorporated herein by reference.
14. Curb cuts and pedestrian landings should be installed through the landscaped parking
islands for the two (2) pedestrian crossing areas from the southwest parking lot.
15.The plans must provide for installation of a sidewalk on the northern edge of the
access road to Phases I and II of the JMJ Outlet Mall west of County Road 19 to
complete the pedestrian corridor.
16. Developer shall install pedestrian sidewalk north of intersection on to the Phase I I
building.
Parking
17.The applicant must demonstrate the viability of the parking stalls along the northern
property line of the site and designate the same for employee parking to be enforced
pursuant to the terms of the development agreement.
18. The applicant shall maintain a parking ratio of not less than 5.2 stalls per 1,000 square
feet of gross leasable floor area.
19. Parking stall and aisle dimensions must meet the required dimensions set forth in the
Albertville Zoning Code.
20.Any parking lot lighting must be hooded and arranged so as to reflect away from
adjoining property and public rights-of-way and comply with standards set forth in
Section 1000.10 of the Albertville Zoning Code.
21.A perimeter curb must surround the entire parking area with a minimum five (5) foot
setback from any lot line.
Refuse
22. The proposed screening walls for three (3) of the four (4) trash compactors must be
extended to maximize screening. Staff recommends the long wall of the proposed
trash screening enclosures be extended to a length not less than seventy (70) feet for
the compactors located on the northern site property line and the east side of Building
E.
23. All concrete trash pads on the plans shall be coded to coincide with the legend on the
plans.
24.The plans must clearly indicate all proposed and anticipated trash disposal facilities or
containers.
25. The applicant will install a chain link gate covered with screen panels across the
entrance to the open service area for Building G consistent with the plans submitted
3 Outlets at Albertville 3~d Addition
Recommended Findings of Fact
for safety and screening purposes and to prevent customer parking within such service
area.
Site Grading
26.The site grading plan is subject to the review and approval of the City Engineer.
27.The applicant shall dedicate properly dimensioned drainage and utility easements to
the City of Albertville, subject to the approval of the City Engineer.
Architectural Standards
28.The building elevations must present aesthetic appeal and reflect continuity of
architectural styling.
Screening/Landscaping
29. Wetland restoration proposed by the applicant is subject to the review and approval of
the City Engineer.
30.The applicant shall provide additional landscaping along the northern property line of
the site consisting of not less than ten (10) trees placed between the plantings
indicated on the plans to provide maximum screening from the Towne Lakes
development to the north.
31. The applicant shall install a fence along the western, northern and approximately 94
feet of the eastern side of the southwestern parking lot as indicated on the plans and
consistent with the specifications set forth in Exhibit P attached hereto and
incorporated herein by reference.
32.The applicant shall provide additional plantings within the open space adjacent to
School Lake staggered at various locations within the sixty (60) foot designated open
space area.
33.The proposed screening walls for three (3) of the four (4) trash compactors must be
extended to maximize screening. Staff recommends the long wall of the proposed
trash screening enclosures be extended to a length not less than seventy (70) feet for
the compactors located on the northern site property line and the east side of Building
E.
34.AI1 concrete trash pads on the plans shall be coded to coincide with the legend on the
plans.
35. The applicant will install a chain link gate covered with screen panels across the
entrance to the open service area for Building G consistent with the plans submitted
for safety and screening purposes and to prevent customer parking within such service
area.
36.An underground sprinkler system will be required to provide adequate maintenance of
landscaped areas, except those to be preserved in a natural state.
37.The applicant/developer shall sod, seed, or mulch the site within thirty (30) days of
building occupancy or provide an escrow deposit equal to one and one-half times the
estimated cost of ground cover.
38.A11 landscaping must be completed within one (1) year following the date of occupancy
and guaranteed for two (2) full years from the time planting is completed.
Signage
4 Outlets at Albertville 3`d Addition
Recommended Findings of Fact
39.The City must evaluate the Required Sign Criteria submitted for JMJ Outlet Mall Phase
III and determine the effect of the differing standards from the Required Sign Criteria
for JMJ Outlet Mall Phase I as revised November 3, 1999.
Lighting
40.The lighting must be recessed so bulbs are not visible and have a 90° cut-off.
41. Light standards shall not exceed thirty (30) feet (including fixtures).
42.A11 lighting shall be on timers to dim or shut off after normal operating hours.
Utilities
43.A11 utilities or construction over existing utility service lines are subject to review and
approval of the City Engineer.
Shoreland Overlay District
44. Buildings may not exceed twenty-five (25) feet in height.
45.The applicant shall maintain a forty (40) foot buffer adjacent to School Lake plus an
additional sixty (60) feet of open space (total 100 feet). Passive recreational activities
such as trails, picnicking, ponding, wetland replacement or plantings may occur in the
sixty (60) feet of designated open space.
46.The applicant shall provide additional plantings within the open space adjacent to
School Lake staggered at various locations within the sixty (60) foot designated open
space area.
47.The plans must be submitted to the Department of Natural Resources for review and
comment.
Wetland Systems Overlay District
48.The plans must clearly identify the "edge" of the wetland in accordance with the
provisions of the Albertville Zoning Code.
49.The applicant must submit an application for conditional use permit and a wetland
systems impact plan setting forth proposed provision for sediment control, water
management, maintenance of landscaped features, and any additional matters
intended to improve or maintain the quality of the environment.
50. Subject to Fire Department review and comments.
5 Outlets at Albertville 3~d Addition
Recommended Findings of Fact
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1
The North 246.55 feet of Government Lot 6, Section 36, Township 121, Range 24, Wright
County, Minnesota.
PARCEL 2: The South 273.12 feet of the North 519.67 feet of Government Lot 6, Section 36,
Township 121, Range 24, Wright County, Minnesota.
PARCEL 3: That part of Government Lot 6, Section 36, Township 121, Range 24, lying
South of the North 519.67 feet and North of the following described line: Commencing at the
Northwest corner of said Government Lot 6; thence South along the West line of said
Government Lot 6, 814.01 feet to the beginning of the line to be described; thence Easterly
deflecting 104 degrees 10 minutes 44 seconds left, 150.59 feet; thence Easterly deflecting 20
degrees 03 minutes 01 seconds right, 59.53 feet; thence Southeasterly deflecting 27 degrees
43 minutes 20 seconds left, 237.88 feet; thence Southeasterly deflecting 11 degrees 26
minutes 04 second left, 117 feet, more or less, to the shoreline of School Lake and
terminating thereat.
Legal Description from Preliminary Plat (Sheet 1 of 3) prepared by John Oliver & Associates,
Inc. dated September 10, 2002.
7 EXHIBIT A
Outlets at Albertville 3`d Addition
Recommended Findings of Fact
Adopted by the Albertville City Council this 18th day of November 2002.
City of Albertville
A.
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By. J
Attest: Scott Wallace, Mayor
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Linda Goeb, City Administrator
pc: Linda Goeb, Mike Couri, and Pete Carlson.
g Outlets at Albertville 3~d Addition
Recommended Findings of Fact