1998-03-03 CC Findings of Fact
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3-3-98
CITY OF ALBERlVlLLE
City Council
Findings of Fact
& Decision
Applicant's Name: Pilot Land Develooment - P~rl<side Commercial Center Conditional Use Permit
Request: Pilot Land Development Company has submitted a preliminary plat and development plans
for a convenience store, gas station and car wash facility. The site is located in the northwest corner of the
CSAH 19/57th Street intersection within Outlot B, Parkside Third Addition. A 1.47 acre lot is being created
to accommodate the development and the remainder of the outlot in aSsociation with Outlot 8 of Parkside
4th Addition is being replatted as Lot 2. A forty.five (45) foot access easement is required over a portion
of Lot 2 to access Lot 1. The property is currently zoned B-3, Highway Commercial but requires a
Conditional Use Permit for both the fuel sales and car wash portions of the proposed development.
The preliminary plat has been revised since the Planning Commission recommended its approval on 10
June 19S7. The Planning Commission findings of fact from this meeting has been attached for your
reference.
City Council Meeting Date: 2 March 1998
Findings of Fact: Based on review of the application and evidence received the City Council now makes
the following findings of fact and decision:
1. The legal description of the subject property IS as follows:
Lot 1, Block 1 Parkside Commercial Center
2. The reqUirements of Section 400 (Conditional Use Permits) of the City Zoning Ordinance have been
meL
3. The Planning Report dated 25 February 1998, prepared by NAC. Inc. and the memorandum dated
18 February 1998, prepared by SEH are incorporated herein.
4. On 10 June' 997 the Albertville Planning Commission conducted a public hearing to consider the
applicant's request, preceded by a publiShed and mailed notice. Upon review of the application and
evidence receiveO. the Planning Commission closed the public hearing and recommended that the
City Council approve the project.
Decision: BaseQ on the foregoing considerations and applicable ordinances, the applicant's plans for
preliminary plat (t\VQ lots). final plat (one 100. Conditiona.l Use P,~rmit's and site plan review have been
appN:Jved based on the most current plans and information received to date.
1. The general. car wash, and fuel sales Conditional Use Permit proviSions of the City Zoning
Ordinance are considered and satisfactorily met
2. Detailed plans for the car wash and canopy structures have not been submitted and must be
reviewed and approved by the City Planner and City Building Inspector.
3. The City Engineer reviews and approves all grading. drainage, and utility issues outlined in the SEH
memorandum included as Exhibit J.
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4. The 40 foot curb cut closest to CSAH 19 is reduced to 30 feet.
5. The City Council finds the proposed parking arrangement acceptable, thereby allowing six parking
spaces to be counted at the fuel pumps. If shortage of parking becomes an issue in the future, an
additional six spaces shall be striped on the property as shown on the site plan (east side of the
property, over the storage tanks. adjacent to the car wash lane).
6. If an auxiliary business or fast food operation will share the premises. parKing in addition to that
required for the convenience store/fuel sales/car wash may be required according to the applicable
ratios in the parking section of the Zoning Ordinance. At the time final plats and site plans are
approved for development{s) on adjacent land (Lot 2, Parkside Commercial Genter Preliminary Piat)
the City Council may require that additional parking be designated for the convenience/fuel store
operation andlor the potential auxiliary business/fast food operation should it be deemed necessary.
7. The outside storage of materials, eQuipment and inventory shall be prohibited on the subject property
within front or side yard areas except for short term promotions of 30 days or less provided
merchandise is neatly displayed and does not interfere with handicapped accessibility or other site
functions.
8. Detailed lighting plans are submitted which specify the style, height, strength/wattage and distribution
of Ilghts proposed on the property. Plans shall include So photometric plan to be submitted for review
and approval by the City Planner, City Engineer, and City Building inspector which indicates the foot
candle power of lights to ensure that they are in compliance with ordinance requirements outlined
herein.
9. The deciduous over story trees in the southwest corner of the property are specified and a two year
guarantee is provided for all vegetation.
10. Under the COnditional Use Permit, deviation from the landscape design standards section will be
necessary to allow plantings closer than three feet to the property line (on the west side).
11. The applicant works with the developer of the Cottages of Albertville Senior Housing to the south to
install additional plantings on the Cottages site which will buffer the effects of site lighting from
structures or vehicles on the convenience store property. A revised landscape plar. shall be
submitted for review and approval by the City Planner.
12. Park dedication requirements are satisfied with a cash payment eQual to five (5) percent of the City's
calculated fair marKet value of the property, less the cost to install a 10 foot trail as shown on the
plan. Credit will be given toward future phases of Parkside Commercial Center development for trail
costs that exceed the dedication amount for the current project.
13. Detailed wall and canopy signage plans are submitted for review and approval by the City Planner
as discusses herein.
14. The hours of operation for the convenience store, fuel sales, and car wash shall be allowed from
5:30am to 11pm Monday through Saturday and 7:30am to 11pm on Sundays and shall be
documented within the Developer's Agreement.
15. A shared access easement is established over the 45 foot strip shown on plans adjacent to the
subject site. An access agreement is prepared for review and approval by the City Attorney.
16. The building floor plan and elevation drawings are revised to be consistent with the site plans as they
relate to the trash enclosure, service door, and signage areas. Any plans to Include a fast food
operation withIn the faCility are specified.
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17. A public pay telephone is installed on the exterior of the building.
18. The overall upkeep and maintenance of the property shall be monitored for the first year. Should
problems arise with keeping litter picked-up or contained on the property, the City Council may
require that a fence be constructed along abutting residential uses or that the problem be resolved
in another manner agreeable to adjacent land owners.
19. A developers agreement is prepared by the City Attorney and signed by the applicant which
addresses all platting and development issues identified herein.
20- The storage and handling of gasoline complies with requirements of the Minnesota State Fire
Marshall's office, Pollution ContrOl Agency, and lor other applicable authorities and any required
permits must be kept on site and property displayed.
21. A final plat for Lot 1, Block 1 is submitted for review and approval by the City Engineer and City
Planner.
Adopted by the AlbertVille City Council this 2nd clay of March 1998.
City of Albertville
~
By;
Attest:
~/~I. ~
Linda Goeb, City Clerk
pc:
Don Jensen. David Lund, Linda Goeb, Mike Couri, Pete Carlson, Kevin Mealhouse
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TOTAL P.04