2000-03-06 CC Finidngs of Fact
3-06-00
CITY OF ALBERTVILLE
City Council
Findings of Fact
& Decision
Preliminary Plat
Final Plat
Applicant's Name: Parkside Commercial Center - Pilot Land Development
Request: Pilot Land Development has submitted a preliminary and final plat for a
two lot commercial subdivision to be known as Parkside Commercial Center. The
subject site is a 7.21-acre parcel located northwest of the intersection of County Road
19 and 57th Street. The subject site is zoned B-3, Highway Commercial.
Planning Commission Public Hearing Date: 8 February 2000
City Council Meeting Date: 6 March 2000
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 attached as Exhibit A.
B. The Planning Report dated 28 February 2000 prepared by NAC is incorporated
herein.
C. Comments from the City Engineer are incorporated herein.
D. The Planning Commission Findings of Fact and Recommendation for the
preliminary and final plat of Parkside Commercial Center are incorporated herein.
E. The City Council finds the preliminary plat acceptable for the subdivision of the
7.21 acre site into two commercial lots.
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Parkside Commercial Center
Preliminary & Final Plat
Findings of Fact & Decision
F. The preliminary plat of Parkside Commercial Center (with the conditions of
approval outlined herein) is consistent with the applicable provisions of the
Albertville Zoning and Subdivision Ordinances as well as policies of the
Comprehensive Plan.
G. The final plat of Parkside Commercial Center (with the conditions of approval
outlined herein) is in substantial compliance with the preliminary plat.
Decision: Based on the foregoing considerations and applicable ordinances, the
preliminary plat and final plat Parkside Commercial Center is approved based on the
most current plans and information received to date, subject to the following conditions:
Conditions of Preliminary Plat:
1. All grading, drainage, and utility plans are subject to review and approval of the
City Engineer.
2. All requirements of the City Engineer regarding easement location, configuration
and size, grading and drainage and utility plans are satisfied.
3. The berm and trees located along the western boundary of Lot 2 shall remain in
tact until such a time as the lot is developed and an alternative screening/buffer
plan is approved by the City Council (as part of a future site plan). The berm and
trees, (or other screen/buffer as approved by the City Council), shall serve as a
buffer between the commercial site and single family homes to the west. The
City Council may require additional screening at the time that Lot 2 is developed.
4. The developer shall pay park dedication for both Lots 1 and 2 in the form of a
cash dedication in accordance with the requirements of the Subdivision
Ordinance. The City will install a sidewalk within the trail easement (east edge of
Lots 1 and 2, Block 1) at a future date to be determined by the City of Albertville.
5. The preliminary plat shall be amended to show the location of the 45'
ingress/egress Uoint access) adjacent to the west line of Lot 1, Block 1.
6. The preliminary plat shall be amended to delete all site plan information from
sheets 3 and 4 (of 4) including buildings, parking lots, pylon sign, utility pad and
driveway access locations (with the exception of the 45' shared driveway
access).
7. The preliminary plat shall be amended to show the required building setback
lines for the B-3 Zoning District.
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Parks ide Commercial Center
Preliminary & Final Plat
Findings of Fact & Decision
Conditions of Final Plat:
1. All grading, drainage, utility and wetland mitigation plans are subject to review
and approval of the City Engineer.
2. The developer shall submit a Storm Water Pollution Control Plan and escrow
consistent with the requirements of the Subdivision Ordinance and subject to
review and approval of the City Engineer.
3. The final plat grading plan shall indicate that the berm and trees located along
the western boundary of Lot 2 will remain in tact to serve as a buffer between the
commercial site and single family homes to the west. The City Council shall
have the authority to approve an alternative screen/buffer plan, including the
requirement for additional screening, as part of the future site plan application for
Lot 2.
4. The two access driveways, (located east and west of the joint access) shown for
Lots 1 and 2 shall be removed from all of the final plat documents. The City
Council may, upon review of a specific site plan for Lot 1, Block 1, allow one,
right-in only, access to Lot 1.
5. The developer shall satisfy park dedication requirements in the form of a cash
dedication for the two-lot subdivision of Parkside Commercial Center.
6. The developer shall enter into a subdivision development agreement with the
City that sets forth the schedule, required security, amount and method of
payment to satisfy payment of park dedication for the development.
7. A separate easement document for the sidewalk shall be submitted acceptable to
the City Attorney. Said easement shall be filed with Wright County over each lot
within the development at the same time the final plat and development
agreement is filed.
8. The City will construct a sidewalk along the east property line of Lots 1 and 2,
Block 1) at a future date, to be determined by the City Council.
9. All required driveway, utility, trail and other permits required by the City Engineer
and/or Wright County shall be obtained by the applicant.
10.A forty-five (45) foot shared access (ingress/egress) agreement and/or
easement(s) over Lots 1 and 2, Block 1 is provided subject to review and
acceptance by the City Attorney. Said easement(s) shall be filed with Wright
County at the same time as the final plat and development agreement.
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Parks ide Commercial Center
Preliminary & Final Plat
Findings of Fact & Decision
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11.A current title opinion or commitment of title insurance shall be submitted
acceptable to the City Attorney.
12. The developer shall provide the City with a reproducible copy of the recorded
final plat, either chronoflex or its equivalent, and two (2) prints prior to issuance of
a building permit for either lot.
13. A developer's agreement is prepared by the City Attorney and signed by the
applicant.
14.AII fees associated with this project shall be paid prior to the release of the final
plat mylars to the applicant.
15. The developer shall provide financial security for all applicable site
improvements, acceptable to the City Engineer and City Attorney.
16. The final plat, developer's agreement and all pertinent documents must be filed
with Wright County within 120 days from the date of City Council approval of the
final plat. Failure to record the documents by July 4, 2000 will render the final
plat null and void.
17.Any other conditions as set forth by the City Council, City staff, City Consultants
or other agency responsible for review of this application.
Adopted by the Albertville City Council this 6th day of March 2000.
City of Albertvill.e
Attest:
....t:J~
By:
\~~k
Linda Goeb, City Administrator
pc: Linda Goeb, Kevin Mealhouse, Mike Couri, Pete Carlson, Wayne Stark, Chad
Cichos, Denise Johnson, Don Jensen.
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Parks ide Commercial Center
Preliminary & Final Plat
Findings of Fact & Decision
, ,
EXHIBIT A
LEGAL DESCRIPTION
Outlot 8, Parkside Third Addition, and Outlot 8, Parkside Fourth Addition, according to
the plats thereof on file and of record in the office of the County Recorder, Wright
County, Minnesota.
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ParksideCommercial Center
Preliminary & Final Plat
Findings of Fact & Decision