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2000-03-06 CC Agenda PacketALBERTVILLE CITY COUNCIL AGENDA March 6, 2000 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES ❑ February 22, 2000, regular City Council Meeting 3. CITIZEN FORUM - (io Minute Limit) 4. CONSENT AGENDA ❑ Approve Payment of Check #' 12814 - 12850 5. DEPARTMENT BUSINESS a. Public Works ❑ Public Works Report b. Planning & Zoning (1) Parkside Commercial Center - Preliminary and Final Plat (2) Consider moratorium on R-5 developments while R-5 zoning standards are reviewed and revised - Resolution No. 2000-6 An Interim Ordinance Establishing a Moratorium on the Platting of Property Located in the R-5 Zoning District Within the City of Albertville - Resolution No. 2000-7 Resolution Adopting an Interim Ordinance Placing a Moratorium on the Development of Property Within the City's R-5 Zoning District c. Engineering ❑ None d. Legal ❑ None e. Administration ❑ Fire Department Report - Concerns 6. ADJOURNMENT 7 ALBERTVILLE CITY COUNCIL February 22, 2000 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers Robert Gundersen, Gary McCormack, Keith Franklin , and John Vetsch, City Engineer Pete Carlson, City Attorney Mike Couri, City Planner Deb Garross, and City Administrator -Clerk Linda Goeb Mayor Olson called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: • Add Item 5e(6) — Fire Department concerns • Add Item 5a(3) — Partition office in rear of old City Hall building Gundersen made a motion to approve the agenda as amended. Franklin seconded the motion. All voted aye. Franklin made a motion to approve the minutes of the February 7, 2000, as presented. Vetsch seconded the motion. All voted aye. Mayor Olson asked if anyone present wished to address the Council. No one addressed the Council. Gundersen made a motion to approve payment of Check #'s 12747 — 12794 as presented. Franklin seconded the motion. All voted aye. Gundersen made a motion to approve the 3.2 Liquor License for the Albertville Jaycees on March 25, 2000, at the St. Albert's Parish Center. Franklin seconded the motion. All voted aye. Gundersen made a motion to schedule the Board of Review Hearing for Wednesday, May 17, 2000, at 7:00 PM. Franklin seconded the motion. All voted aye. Vetsch made a motion to accept the Street and Parks Report as presented. McCormack seconded the motion. All voted aye. Gundersen made a motion to accept the Water and Wastewater Department Report as presented. McCormack seconded the motion. All voted aye. X 1 ALBERTVILLE CITY COUNCIL February 22, 2000 Page 2 of 4 City Administrator Goeb explained the Public Works Department has proposed to partition off a portion of the back room at the old City Hall for an office area. The office presently used by the Fire Department would be converted into a storage room for old files. Tim estimates the cost of the partition at $500 or less. The Council asked that a sketch of the proposed construction be submitted to them. City Administrator Goeb reported that the engineer for the Kollville Estates project has indicated he would submit a written request for a time extension on the Zoning Application for the Kollville Estates. That request has not been received by the City. City Attorney Couri advised that, without the request for a time extension in hand, the Council should make a decision regarding the plat at this meeting. Franklin made a motion to adopt the Findings of Fact and Decision denying the preliminary plat and CUP/PUD for the Kollville Estates, if the City has not received a letter from the developer requesting a time extension prior to the expiration of the 120 day time frame associated with the Zoning Application. Vetsch seconded the motion. All voted aye. Planner Deb Garross reviewed the final plat of the Mooney Addition with the Council. The drainage and utility easements have been changed slightly from the preliminary plat in order to accommodate the Burger King site plan. Gundersen made a motion to adopt the Findings of Fact and Decision approving the final plat for the Mooney Addition. Franklin seconded the motion. All voted aye. Duane Day explained the advantages and disadvantages of having snow guards on the roof over the main entry of the fire hall. The Council agreed that snow falling off the roof would likely cause less problems than having the snow melt on the roof and dripping down, creating an ice buildup on the sidewalk below. Franklin made a motion to leave snow guard off the roof over the main entry of the fire hall. Gundersen seconded the motion. All voted aye. Day reviewed his letter explaining why he recommends denial of Change Orders # 10 and # 11. Mike Kranz, representing Shingobee Builders, believes that Change Order # 10 is a valid request and should be approved, but after seeing the additional information provided by Day, he agrees that Change Order # 11 should be denied. Kranz would also like to negotiate several other changes at the fire hall. ALBERTVILLE CITY COUNCIL February 22, 2000 Page 3 of 4 Vetsch made a motion to table action on Change Order # 10 until the other changes orders have been reviewed and are ready for presentation. McCormack seconded the motion. All voted aye. McCormack made a motion to deny Change Order # 11. Gundersen seconded the motion. All voted aye. Day reported that the floor of the fire hall apparatus bay has several depressions which hold water. Mike Kranz has checked with the contractor who does the epoxy coating and has been told that the depressions can be filled and repaired. The company will be unable to start the work until early March. Day recommended the areas be filled in as Shingobee proposes. The Council discussed the warranty on the repaired portion of the floor. Kranz stated the manufacturer's one year warranty would be valid from the date of completion. Gundersen made a motion approving the filling of the depressions with epoxy and requesting that Shingobee Builders offer an additional one year warranty on the areas being repaired. Vetsch seconded the motion. All voted aye. The Council reviewed and discussed the options for determining evaluation of the Savitski property for the purpose of calculating park dedication fees. Franklin made a motion to establish the Wright County Assessor's Office evaluation for the purpose of calculating park dedication fees and accept $5, 520 as the park dedication fee for Lot 1, Block 1, Sunrise Commercial Park. Vetsch seconded the motion. Vetsch, Franklin, and McCormack voted aye. Gundersen and Olson voted no. The motion carried. The Council considered the request from the STMA Ice Arena for the City to plow their parking lot on a fee basis. The consensus of the Council is that the City is not in the snow plowing business and the request is denied. The Council reviewed the letters from two businesses requesting that the Sign Ordinance be amended to allow for temporary signs for uses other than grand openings. Franklin removed himself from the Council to avoid a conflict of interest. ALBERTVILLE CITY COUNCIL February 22, 2000 Page 4 of 4 Both business who are requesting a sign ordinance amendment state that business has been adversely affected since their temporary signs have been required to be taken down. Gundersen made a motion to deny the request to consider amending the Sign Ordinance. McCormack seconded the motion. Gundersen, McCormack, and Olson voted aye. Vetsch voted no. The motion carried. Franklin returned to his seat on the Council. The Council established three priorities for the February 29t' Strategic Planning meeting agenda as follows: (1) Issues and concerns with border cities (2) Transportation issues — Main Avenue, Country Road 19, Barthel Industrial Drive (3) Staff Planning Concerns As requested by a potential developer, the Council a reed to tour the Liberty on the Lakes development in Stillwater on Saturday, March 25 at 1:00 PM. The Council agreed to meet jointly with the City of Otsego on Thursday, March 9`h at 7:00 PM at the Albertville City Hall. Several Fire Department members discussed their concerns over protecting the Outlets of Albertville building. They are requesting that lock boxes with keys to the individual stores be placed on both the front and rear of the units. Sally Thompson, the new manager of the mall property, was present for the discussion and indicated that management wanted no responsibility for keys to individual stores. The Council directed the fire department to meet with the mall manager to discuss how to meet the fire department's needs. Vetsch made a motion to adjourn at 9:40 PM. McCormack seconded the motion. All voted aye. John A. Olson, Mayor Linda Goeb, City Administrator t i CLAIMS FOR PAYMENT March 6, 2000 Check No. Vendor Purpose Amount 12814 Action Radio Fire Department Purchases $ 3,741.38 12815 AirTouch Cellular FD Cell Phones $ 27.04 12816 Boyer Trucks Ignition $ 32.01 12817 Callander, Beth Albertville Princess Scholarship $ 250.00 12818 Couri & MacArthur Legal Services $ 3,272.50 12819 DAMA Company Lock Boxes $ 1,763.64 12820 Danko FD Supplies $ 858.50 12821 Davies Water Equipment Locator, Meters, etc. $ 5,678.45 12822 Diversified Inspection Service Building Inspections $ 12,963.77 12823 Federated Propane Propane for WWTF $ 618.22 12824 Hawkins Water Treatment Ferric Chloride $ 3,005.29 12825 Instrument Control Systems Chart Recorder Paper $ 54.55 12826 LMC MN Mayors Association Dues $ 20.00 12827 Midwest Analytical Services WWTF Testing $ 92.00 12828 Miller Trucking & Landscape Pea Rock $ 39.14 12829 MN Dept. of Revenue February State Income Tax $ 370.00 12830 MN PCA Wastewater Operators Conference $ 185.00 12831 MN PCA NPDES Permit $ 1,140.00 12832 NCPERS Payroll Deduction $ 12.00 12833 NSP Monthly Service $ 600.20 12834 Office Max Office Supplies $ 393.13 12835 PERA Pay Period 2/12 - 2/25 $ 695.83 12836 Pipeline Supply Pump for WWTF $ 315.82 12837 PMX FD Medical Supplies $ 219.50 12838 Security State Bank February Federal Taxes $ 3,622.35 12839 S.E.H. Engineering Services $ 18,414.18 12840 Simonson Lumber Co. Lumber for Shelves $ 26.18 12841 Sprint-UTS Monthly Service $ 488.55 12842 Superior Products Chairs for new Fire Hall $ 1,383.44 12843 University of MN Shade Tree Short Course $ 100.00 CLAIMS FOR PAYMENT March 6, 2000 12844 Valerius, Bill Reimbursement for FD Supplies $ 809.82 12845 Vetsch Custom Cabinets Locks $ 6.58 12846 Viking Industrial Center Confined Space Rescue System $ 2,391.86 12847 Wr. Co. Highway Dept. Cold Mix $ 244.78 12848 Wr. Co. Treasurer Special Assessment Listing $ 15.20 12849 VOID $ _ 12850 Wright Hennepin Greenhaven Street Lights $ 22.16 Total Bills $ 63,873.07 City of Albertville MEMORANDUM TO: Mayor and City Council FROM: Tim Guimont, Public Works DATE: March 3, 2000 SUBJECT: PUBLIC WORKS DEPARTMENT REPORT ♦ Trail System While sweeping the trail system this past week, I noticed several places the trails and sidewalks were damaged by snowmobile studs. ♦ Parks Tables at the park building? ♦ Trees Around town there are several homes (mostly in the new areas) with no trees. Below is the City Ordinance for new developments. Most of the trees that are planted are not 2-inch diameter. It would also be nice if they were required to plant these trees in the boulevard and not just anywhere in the yard (front or back). (3) Required Plantings - In addition to required ground cover specified in subsection (c)(2) above and exclusive of required buffering or screening, all new residential subdivisions, semi-public and all income producing property uses (excluding residential structures containing four (4) dwelling units or less) shall be landscaped using ornamental grass, shrubs, trees or other acceptable vegetation or treatment generally used in landscaping within one (1) year following the date of building occupancy. a. A minimum of one (1) shade tree or evergreen tree shall be provided per residential unit and per non-residential lot, which shall conform to the minimum size requirements listed in subsection (d) of this section. b. A minimum of sixteen (16) ornamental trees or shrubs shall be provided per street side of non-residential lots which shall conform to the minimum size requirements listed in subsection (d) of this section. (d) Minimum Size Requirements. All plants must at least equal the following minimum: Potted/Bare Root or Balled & Burlapped a. Shade Trees 2-inch diameter b. Ornamental Trees (Flowering Crab, Russian Olive, Hawthorn, etc.) 1 %2-inch diameter c. Evergreen Trees 3-4 feet d. Tall Shrubs & Hedge Material 24-30 inches e. Low Shrubs - Deciduous 24-30 inches - Evergreen 24-30 inches - Spreading Evergreens 18-24 inches N �o S Ova /lye r..,-)a(Y -� .4'' OG r� i N om e*** NORTHWEST ASSOCIATED CONSI INC COMMUNITY PLANNING - DESIGN - MARKET PLANNING REPORT TO: Albertville Mayor and City Council FROM: Deb Garross DATE: 28 February 2000 RE: Albertville — Parkside Commercial Center • Preliminary Plat • Final Plat FILE: 163.06 — 00.04 BACKGROUND Pilot Land Development Company has submitted a preliminary plat and final plat for Parkside Commercial Center consisting of a two- (2) lot subdivision of B-3, Highway Commercial Zoned land. The site is located in the northwest corner of the CSAH 19/57th Street intersection within Outlot B, Parkside Third Addition. 4 The Planning Commission reviewed this application on 10 June 194 and recommended approval of both applications. The City Council granted preliminary plat approval for the two lot commercial subdivision on 2 March 1998. The original subdivision application was submitted concurrent with a proposal to develop a gas station/car wash facility on proposed Lot 1. The site plans and CUP for the fuel sales and car wash operation were approved in 1988' as well. However, the applicant did not file the final plat of Parkside Commercial Center within the 100-day time line required by the Subdivision Ordinance and therefore the previous approvals for the preliminary and final plat are null and void. The Albertville Zoning Ordinance also has a one-year time limit for CUP applications and because no building permit was taken ' out for the gas station/car wash, the CUP for the subject site has also expired. The current application is for preliminary and final plat approval only. The applicant indicated that a gas station use will likely file CUP and site plan applications in the near future for proposed Lot 1. A separate application for site plan and CUP will be. required to locate such a use on either of the B-3 zoned lots that will be created via the approval of this preliminary and final plat. For reference purposes, the Planning Report prepared by Liz Stockman for the original (1998) -plat and CUP applications is attached with this report. Attachments: Exhibit A Site Location Map Page 1 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 5541 6 PHONE 61 2-595-9636 FAX 612-595-9837 E-MAIL NAC@WINTERNET.COM Exhibit B Draft Findings of Fact and Recommendation Exhibit C Planning Report dated 25 February 1998 Exhibit D Parkside Commercial Center Preliminary Plat Exhibit E Parkside Commercial Center Final Plat Exhibit F Planning Commission Findings of Fact & Recommendation EXECUTIVE SUMMARY The requested approval of the preliminary and final plat, requires that the Planning Commission and City Council consider the applications in relation to established Zoning and Subdivision Ordinance review criteria and Comprehensive Plan policies. The Planning Commission recommended approval of the preliminary and final plat of Parkside Commercial Center on February 8, 2000 subject to the conditions outlined in the attached Findings of Fact and Recommendation (Exhibit F). The decision to approve or deny the project is viewed as a policy decision to be made by the City Council. Should the Council find the submitted plans acceptable, it is recommended that the following conditions be imposed. 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 preliminary plat shall be amended to show a 10-foot sidewalk along the eastern boundary of Lots 1 and 2, Block 1. Any remaining park dedication is to be paid to the City as a cash dedication at the time of final plat. 4. The preliminary plat shall be amended to show the location of the 45' ingress/egress (joint access) adjacent to the west line of Lot 1, Block 1. 5. 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). 6. The preliminary plat shall be amended to show the required building setback standards for the B-3 Zoning District. 7. The preliminary plat shall indicate that the berm and trees located along the western boundary of Lot 2 shall remain in tact, to serve as a buffer between the commercial site and single family homes to the west. Page 2 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 shall remain in tact to serve as a buffer between the commercial site and single family homes to the west. 4. The developer shall submit a cost estimate for installation of the sidewalk. Information consisting of a current appraisal or recent selling price of the subject site shall be submitted to the City Attorney for the purpose of determining the fair market value of the land and to calculate the park dedication fees for Parkside Commercial Center. All park dedication fees shall be paid prior to release of the final plat mylars for recording. 5. 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. 6. The developer shall construct the sidewalk along the east property line of Lots 1 and 2, Block 1) to City standards and acceptable to the City Engineer. 7. All required driveway, utility, trail and other permits required by the City Engineer and/or Wright County shall be obtained by the applicant. 8. A forty-five (45) foot shared access (ingress/egress) agreements and/or easements 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. 9. A current title opinion or commitment of title insurance shall be submitted acceptable to the City Attorney. 10. 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. 11. A developer's agreement is prepared by the City Attorney and signed by the applicant. 12. All fees associated with this project shall be paid prior to the release of the final plat mylars Page 3 to the applicant. 13. The developer shall provide financial security for all applicable site improvements, acceptable to the City Engineer and City Attorney. 14. 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. 15. Any other conditions as set forth by the City Council, City staff, City Consultants or other agency responsible for review of this application. DISCUSSION The plans that were initially reviewed for this application were the preliminary and final plat maps from the 1988 application as staff was advised by the applicant that the current submittal was the same as the original submittal. However, the day of the Planning Commission meeting it was discovered that the current preliminary and final plat plans (dated 1-18-2000) were modified and different than the 1988 preliminary and final plat. The current (1-18-2000) plans were distributed to the Planning Commissioners at the public hearing and the developer identified the changes from the initial application. The Planning Commission felt comfortable in making a recommendation for approval of the preliminary and final plats based upon the revised plans and information discussed by the developer. Our office has had the opportunity to review the current plans and suggests additional conditions of approval which are outlined in the Executive Summary of this report and attached with the draft City Council Findings of Fact & Decision for the preliminary and final plat of Parkside Commercial Center. The following paragraphs will outline the changes that have occurred between the current submittal and the 1998 approvals granted by the City. The major change between the 1998 and current applications is that there is no CUP application pending at this time for either lot. As such, the applications for review by the City Council consist of only preliminary and final plat approval for a two lot, commercial (B-3) subdivision. The applicant has provided conceptual site plan information on sheets 3 and 4 (of 4) of the preliminary plat. Although this information is useful, the preliminary plat is a legal document and as such, any reference to site plan data should not be shown on the official preliminary plat maps/plans. The applicant is subdividing the lots as opposed to the 1998 application which included a CUP review for a gas station/car wash use on proposed Lot 1. So as to avoid confusion and to ensure that the preliminary and final plat documents are correct, it is suggested that all site plan information be deleted from the preliminary plat. It should be clear that approval of the preliminary/final plat does not in any way infer a site plan layout approval. The following site plan information should be removed from the preliminary and/or final plat maps includes: buildings, parking lots, pylon sign, concrete utility pads and driveway curb cuts (with the exception of the 45' easement shown along the west line of proposed Lot 1, Page 4 Block 1). It is further suggested that the preliminary plat be amended to show the applicable building setback requirements for each lot (for B-3 zoned properties). The 1998 approvals included a requirement for a joint access easement to serve both Lots 1 and 2. The location of this easement and the width of the curb cut (as approved by the City Engineer) should be the only access shown on the preliminary and final plat maps. The other curb -cut locations will be reviewed at the time that future site plans are submitted for the development of each lot. It is premature to consider other curb cut locations at this time because the building and parking lot layouts and specific uses for each lot are unknown. The objective with the subdivision application is to provide access to each lot, which is accomplished via the requirement of the joint (45-foot) ingress/egress access easement. Several residents attended the Planning Commission meeting and voiced concerns about the future development of the lots. The Planning Commissioners also noted concerns including access locations, screening, headlights and site lighting, buffering and the overall appearance of the future commercial buildings. Our office is of the opinion that many of the concerns can be mitigated through the future site plan review process. The location of additional driveways, screening and site layout should be determined based upon specific site plans, which may require the driveways to be located in alternative locations and/or be subject to restrictions such as right-in/right-out only. Until site plans are submitted, it is premature to consider additional site access above and beyond the one central access and 45-foot joint easement. The grading and drainage plan has been altered since the 1998 approval in that the storm water management pond has been moved from the northwest to the northeast part of the Lot 2, Block 1. As of the result, the easement locations and drainage/grading patterns have changed and should be reviewed and modified pursuant to the requirements of the City Engineer. Additionally, the City Council adopted requirements for Storm Water Pollution Control Plans and escrow on January 18, 2000. The Storm Water Pollution Control Plan requirements apply to all subdivisions over five acres and as such, the applicant is required to submit the appropriate plans and escrow, pursuant to the review and approval of the City Engineer. The final change associated with this project concerns the park dedication. In 1998, the City approved the preliminary and final plat contingent upon the installation of a trail along CSAH 19. The preliminary plat indicates a 10-foot trail easement along the eastern boundary of the plat however the applicant has not submitted the easement document with the final plat nor indicated that the construction of the trail will be done as part of the plat. To ensure that the trail is installed, it is suggested that the applicant provide an easement document for the trail to be filed with Wright County at the same time as the final plat and development agreement. Furthermore, it is suggested that the developer be responsible for construction of a 10-foot sidewalk as a condition of final plat approval. A sidewalk is suggested in this location as opposed to a bituminous trail because it will be located directly in front of the commercial development. A sidewalk has a better appearance and will last longer than a bituminous trail. The City Council will need to specify whether a bituminous trail or sidewalk is desired in this location. Page 5 RECOMMENDATION To assist the City Council in formulating its recommendation, a draft Findings of Fact and Decision document has been prepared outlining the suggested conditions of approval for this project. The decision to approve or deny the requested preliminary and final plat of Parkside Commercial Center is viewed as a policy decision to be made by the City Council. The Executive Summary of this report outlines recommended conditions of approval should the decisions be made in favor of the developer. ACTION REQUESTED A separate motion to approve, deny or conditionally approve the preliminary and final plat of Parkside Commercial Center is in order. pc: Linda Goeb, Mike Couri, Pete Carlson, Wayne Stark, Kevin Mealhouse, Chad Cichos, Scott Dahlke, Don Jensen, Denise Johnson, Jim Brown Page 6 CITY OF ALBERTVILLE OFFICIAL ZONING MAP I ❑ A-1, Agricultural Rural ❑ R-6, Residential High Density ❑ B-W, Business Warehouse ❑ A-2, Agricultural Transitional ❑.' R-7, Special Purpose High Density � 1-1, Light Industrial ❑ R-1A, Low Density Single Family ❑ R-8, Mixed Housing ❑ I-1A, Limited Industrial R-1, Single Family ❑ R-MH, Manufactured Housing Residential ❑ 1-2, General Industrial R-2, Single & Two Family B-1, Neighborhood Business ❑ PUD, Planned Unit Development R-3, Single & Two -Family ❑ B-2, Limited Business ❑ P/I, Public/Institutional ❑ R-4, Low Density Multiple Family ❑ B-3, Highway Commercial '�1 S, Shoreland Overlay R-5, Medium Density Multiple Family ❑ B-4, General Business W Wetland Overlay PARKSIDE COMMERCIAL CENTER EXHIBIT A CITY OF ALBERTVILLE 3-06-00 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. EXHIBIT B 1 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 should remain in tact to serve as a buffer between the commercial site and single family homes to the west. 4. The preliminary plat shall be amended to show a 10-foot sidewalk along the eastern boundary of Lots 1 and 2, Block 1. Any remaining park dedication is to be paid to the City as a cash dedication at the time of final plat. 5. The preliminary plat shall be amended to show the location of the 45' ingress/egress (joint 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). The preliminary plat shall be amended to show the required building setback standards for the B-3 Zoning District. 2 Parkside Commercial Center Preliminary & Final Plat Findings of Fact & Decision Conditions of Final Plat: 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. 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. 4. The developer shall submit a cost estimate for installation of the sidewalk. Information consisting of a current appraisal or recent selling price of the subject site shall be submitted to the City Attorney for the purpose of determining the fair market value of the land and to calculate the park dedication fees for Parkside Commercial Center. All park dedication fees shall be paid prior to release of the. final plat mylars for recording. 5. 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. 6. The developer shall construct the sidewalk along the east property line of Lots 1 and 2, Block 1) to City standards and acceptable to the City Engineer. 7. All required driveway, utility, trail and other permits required by the City Engineer and/or Wright County shall be obtained by the applicant. 8. A forty-five (45) foot shared access (ingress/egress) agreements and/or easements 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. 9. A current title opinion or commitment of title insurance shall be submitted acceptable to the City Attorney. 10. 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. 3 Parkside Commercial Center Preliminary & Final Plat Findings of Fact & Decision 11. A developer's agreement is prepared by the City Attorney and signed by the applicant. 12. All fees associated with this project shall be paid prior to the release of the final plat mylars to the applicant. 13. The developer shall provide financial security for all applicable site improvements, acceptable to the City Engineer and City Attorney. 14. 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. 15. 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. Attest: City of Albertville Linda Goeb, City Administrator John A. Olson, Mayor pc: Linda Goeb, Kevin Mealhouse, Mike Couri, Pete Carlson, Wayne Stark, Chad Cichos, Denise Johnson, Don Jensen. 4 Parkside Commercial Center Preliminary & Final Plat Findings of Fact & Decision EXHIBIT A LEGAL DESCRIPTION Outlot B, Parkside Third Addition, and Outlot B, Parkside Fourth Addition, according to the plats thereof on file and of record in the office of the County Recorder, Wright County, Minnesota. A Parkside Commercial Center Preliminary & Final Plat Findings of Fact & Decision PLANNING REPORT TO: FROM: DATE: RE: FILE: NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH Albertville Mayor and City Council Albertville Planning Commission Elizabeth Stockman 25 February 1998 F�lE11014j/ Albertville - Parkside Commercial Center CONDITIONAL USE PERMIT 163.06 - 97.04 BACKGROUND 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 B 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 1997. The Planning Commission findings of fact from this meeting has been attached for your reference. Attachments: Exhibit A - Site Location Exhibit B - Preliminary Plat Exhibit C - Site Plan Exhibit D - Grading, Drainage and Erosion Control Plan Exhibit E - Utility Plan Exhibit F - Building Floor Plan Exhibit G - Building Elevations Exhibit H - Signage Plans Exhibit I- Landscape Plan Exhibit J - City Engineer Review Exhibit K - PC Findings of Fact from 10 June 1997 EXHIBIT C 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2-595-9536 FAX 6 1 2-595-9837 EXECUTIVE SUMMARY Recommendation The requested approval of two Conditional Use Permit's to accommodate the car wash and fuel sales businesses which are proposed as part of the convenience store operation requires that the Planning Commission and City Council consider the application in relation to established zoning ordinance review criteria and Comprehensive Plan policies. The decision to approve or deny the requested Conditional Use Permit's is viewed as a policy decision to be made by the City Council. Should they find the submitted plans acceptable, it is recommended that the following conditions be imposed: 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. 4. The 40 foot curb cut closest to CSAH 19 is reduced to 30 feet. 5. The five (5) foot setback to the car wash facility from the northern property line is found acceptable to the City Council under the terms of the Conditional Use Permit or site plans are revised to comply with the 20 foot requirement. 6. The City Council finds the proposed parking arrangement acceptable, thereby allowing six parking spaces to the counted at the fuel pumps. If an auxiliary business or fast food operation will share the premises, additional parking will be required according to the ratios in the parking section of the Zoning Ordinance. 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 lights proposed on the property. Plans shall include a 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. Parkside Comm. Center Report - Page 2 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. 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. 12. Detailed wall and canopy signage plans are submitted for review and approval by the City Planner as discusses herein. 13. The City Council determines the morning open time for the proposed facility which shall be documented within the Developer's Agreement in association with the required closing time of 11:00pm. 14. 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. 15. 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. 16. A developers agreement is prepared by the City Attorney and signed by the applicant which addresses all platting and development issues identified herein. 17. The storage and handling of gasoline complies with requirements of the Minnesota State Fire Marshall's office, Pollution Control Agency, and /or other applicable authorities and any required permits must be kept on site and properly displayed. Issues Analysis Zoning. The property is zoned B-3, Highway Commercial which allows convenience stores as a permitted use. However, commercial car washes (drive -through, mechanical and self-service) and fuel sales are conditional uses within the B-3 District. A Conditional Use Permit for commercial car washes may be approved provided that: The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment in property values or constitute a blighting influence. Plans for the car wash and canopy structures have not been submitted. Detailed drawings will be required and must be reviewed and approved by the City Planner, City Engineer and City Building Inspector. These structure should be complementary in materials to the principal building. Parkside Comm. Center Report - Page 3 2. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period. Using the estimation that one car is washed every five minutes, the plan shows that the site is able to accommodate a minimum of six (6) cars as is required during a thirty minute period and potentially up to twelve (12) or thirteen (13) cars at a time. The stacking area is designed in such a manner to prevent interference with site access, circulation, parking or pump islands. 3. At the boundaries of a residential district, a strip of not less that five (5) feet shall be landscaped and screened in compliance with fencing, screening and landscaping requirements (Section 1000.7) of the City Zoning Ordinance. The proposed development is located across 57th Street from the Cottages of Albertville Senior Housing residences and while not immediately abutting them, single family lots also exist to the west. Six foot Cotoneaster shrubs have been located between the two 57th Street entrances in addition to two deciduous trees which are not specked. Evergreen trees exist along the west boundary of Lot 2 to buffer the single family neighborhood. See following paragraphs for more discussion of this matter. 4. Each light standard island and all islands in the parking lot are landscaped or covered. Other than lights to be located on the buildings and pump islands/canopy (exact locations unknown), no other site lighting has been shown on site. 5. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with fencing, screening and landscaping requirements (Section 1000.7) of the City Zoning Ordinance. The required screening along 57M Street will block the views of pump island and parking areas from the south to the extent possible. See following paragraphs for more discussion of this matter. 6. The entire site other than that occupied by the building or planting shall be surfaced with blacktop or concrete which will control dust and drainage which is subject to the approval of the City Engineer. All drive lane and parking areas are to be surfaced with asphalt and curbed. 7. The entire area shall have a drainage system which is subject to the approval of the City Engineer. Storm water drainage from the site is being directed via pipes to a ponding area in the northwest portion of Lot 2. The City Engineer will review and comment on the plan which must be approved by him after any required changes. 8. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with Section 1000.10 (Glare) of the City Zoning Ordinance. [This section requires that any light or combination of lights which cast light on a public street shall not exceed one (1) foot candle (meter reading) as measured from the centerline of said street. Any light or combination of lights which cast light on residential property shall not exceed four (4) foot candles (meter reading) as measured from said property.] Detailed plans have not been submitted which specify the style, height, strength/wattage and distribution of lights proposed on the property. The fuel pump island canopy raises concerns relative to the glare of lights onto the public right-of-way and neighboring residences. A photometric plan has not been submitted for review as requested by the Planning Commission for review and approval by the City Planner and City Engineer. The plan must indicate the foot candle power of lights to ensure that they are in compliance with ordinance requirements. Parkside Comm. Center Report - Page 4 9. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer. The City Engineer has required the 40 foot curb cut closest to CSAH 19 to be reduced to 30 feet. The shape of the curb was changed to discourage cars from exiting the site at this location and it was agreed that a "no exit" sign will be installed. Other driveway access and internal site circulation is acceptable from a planning standpoint. 10. All signing and informational or visual communication devices shall be in compliance with the City's Sign Ordinance. Refer to following sections of this report regarding Sign Ordinance standards. 11. Provisions are made to control and reduce noise. There is a discrepancy between the S:OOam opening time recommended by the Planning Commission and the 7:OOam opening time required by ordinance. The City Council shall specify the desired opening time. The pay phone initially shown on the property at the perimeter curb has been removed at the request of the Planning Commission, however, the applicant is requesting that a phone be allowed on the exterior of the building. 12. The Conditional Use Permit provisions of the City Zoning Ordinance are considered and satisfactorily met. a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b. The proposed use is or will be compatible with present and future land uses of the area. C. The proposed use conforms with all Zoning Ordinance performance standards contained herein. d. The proposed use will not tend to or actually depreciate the area in which it is proposed. e. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. f. Traffic generated by the proposed use is within capabilities of streets serving the property. The proposed project is consistent with all criteria under item (12) above with the exception of subpart (c). While the project and site are capable of being in conformance with all Zoning Ordinance performance standards, the submission of lacking plans/data and revised plans will be necessary. The criteria established for consideration of a Conditional Use Permit for motor vehicle fuel sales have been outlined as follows. It should be noted that some requirements are duplication of the car wash criteria already addressed above and have been omitted. Parkside Comm. Center Report - Page 5 A minimum lot area of twenty thousand (20,000) square feet and minimum lot width of one hundred fifty (150) feet. The proposed site encompasses 64, 033 square feet (1.47 acres) and is therefore in compliance with this requirement. 6. Wherever fuel pumps are to be installed, pump islands shall be installed. The site plan shows pump islands as required. Lot Area Setback Height and Coverage Requirements. Lot Area: Lot Width: Setbacks (front): (side -interior): (side -corner): (rear): Building Height Maximum: Maximum Lot Coverage for Structures: None 100 feet 35 feet 20 feet 35 feet 20 feet 35 feet 30 percent of lot area Except as expressly allowed by Conditional Use Permit, accessory buildings must conform to the setback and height requirements of the zoning district in which they are located. The car wash building is setback five (5) feet from the northern property line rather than the required twenty (20) feet. The City Council must determine whether the deviation is acceptable under the terms of the Conditional Use Permit and whether any additional conditions shall be required. Outside Storage. The outside storage of materials, equipment and inventory as a principal or accessory use shall only be permitted by Conditional Use Permit and is not allowed within front or side yard areas. The Planning Commission recommended that outside storage be prohibited on this convenience store site 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. Parkside Comm. Center Report - Page 6 Circulation. The proposed plans show two curb cuts onto 57th Street. The eastern curb cut measures forty (40) feet from back of curb to back of curb and the western access measures thirty-five (35) feet at the same point. The Zoning Ordinance requires that no curb cut exceed twenty-four (24) feet in width unless approved by the City Engineer. Both curb cuts are appropriately located five (5) feet from all property lines. The City Engineer has requested that the 40 foot curb cut be reduced to 30 feet. The shape of this curb was changed to discourage cars from exiting the site at this location and it was agreed that a "no exit" sign will be installed. Other driveway access and internal site circulation is acceptable from a planning standpoint. The proposed convenience store, fuel pumps, and car wash are part of what will become a larger commercial development, potentially inclusive of a strip mall and motel. The driveway along the western border of the current plan is required for access into the remainder of the site. For this reason, a 45 foot shared access easement must be established over a portion of Lot 2 as shown on the preliminary plat. Parking. The following parking requirements apply to the proposed development: Convenience Store (4,239 sf) 1 space/200 sf 22 spaces Motor Fuel Station 4 spaces Car Wash 0 in addition to that required for the fuel station TOTAL SPACES REQUIRED: 26 The submitted site plan shows twenty-five (25) parking spaces which could be striped on site plus the pump area where cars "park" while fueling. Six (6) of the 25 spaces will not be striped unless the need arises as shown on the eastern most portion of the parking lot. Under the Conditional Use Permit the City may reduce the number of required off-street parking spaces when the applicant can demonstrate that less spaces are needed. In such situations, the City may require land to be reserved for parking should use or needs change. It should be noted that the proposed ground sign allows space for an auxiliary business name such as Dairy Queen which may be sold on the premises. If this is the case, additional parking will be required for the food operation. Building Type and Construction. The proposed convenience store structure is to be constructed of decorative concrete block with an asphalt roof. Plans have not been received for the car wash or pump islands/gas canopy area and must be submitted prior to building permit approval. The current floor plan and elevation drawings are not consistent with the site plans as they relate to the trash enclosure and service door areas. The elevation drawings indicate that these items will face CSAH 19, while the site plan more appropriately shows this service area on the west end of the building. Furthermore, it should be clarified as to whether the trash enclosure will be attached to or detached from the building. Additional car wash and canopy area plans as well as revised site and building plans shall be submitted for review and approval of the City Planner and City Engineer prior to building permit approval of the project. Parkside Comm. Center Report - Page 7 ,9ignaae, The building occupant will be Conoco. The sign plans show a 26.3 foot high ground sign to be located on the southeast corner of the property. The sign contains both fuel pricing and franchise name as well as space for advertising of current sales and a site specific station name (such as Al's Gas and Convenience or auxiliary food chain name such as Dairy Queen which may be sold on premises). Signs for automobile service stations are limited as follows: Fuel Pricing Signs: 1 single or double faced per street frontage at 80 sf per face Fuel portion of sign shown at 57.51 sf Wall and Canopy Signs: Limited to 80 square feet total combined area Wall /canopy sign details have not been submitted and shall be required as a condition of approval. The exact location and sizing of wall and canopy signs is not known at this time. Ground Sign: Limited to 125 square feet, 30 feet high The Conoco and Jiffy Burger portions of the ground sign total 81.82 sf Reader board: Limited to 32 square feet Advertising space shown at28.75sf Portable signs, pennants, streamers, flags (except the US flag) and all other signs are prohibited. A detailed sign plan has not been submitted as required for the wall and canopy signs, however, the general area of sign locations has been noted. A wall sign is desired upon the north and east (CSAH 19) sides of the building as indicated on the elevation drawings and it is presumed that at least one canopy sign is desired facing CSAH 19. Detailed sign plans should be submitted which identify the location and sizes of canopy and wall signs and the colors, lighting and materials of all desired signs. It should be noted that during staff discussion of this project the applicant suggested that an auxiliary sign for the convenience store was desired off -site within the Cedar Creek Industrial Park in order to gain freeway exposure. This is not permitted under the City's Sign Ordinance and therefore shall be prohibited. Additional sign requirements have been indicated as follows: Illuminated Signs. The Sign Ordinance requires that any illuminated sign located on a lot adjacent to or across the street from any residential district which is visible from the homes shall not be illuminated at any time between the hours of 11:00pm and 7:00am, when the use is not open for business. The 7:00am open time does not conform with the 5:00am open time recommended by the Planning Commission nor does it satisfy the applicant's desire to attract early morning commuters. The City Council must resolve this issue. Wall Signs. Not more than one (1) sign shall be permitted on the front (CSAH 19) side of a principal building. If illuminated the source of light shall not be visible. Signs constructed of metal and illuminated by any means shall maintain a free clearance to grade of nine (9) feet unless it is grounded. Ground Signs. Not more than one (1) ground sign shall be permitted on any lot. Signs constructed of metal and illuminated by any means shall maintain a free clearance to grade of nine (9) feet unless it is grounded. No metal ground sign shall be located'within eight (8) feet vertically and four (4) feet horizontally of electric Parkside Comm. Center Report - Page 8 wires or conductors. No ground sign shall exceed thirty (30) feet in height. Actual sign height is determined by the grade of the road from which the sign gains its principal exposure (CSAH 19). Sign area applies to one face of a two-faced sign, two faces of a four -faced sign, etc. The ground sign must be setback from property lines a distance of ten (10) feet. Canopy Signs. Lettering or letters shall not project above, below or beyond the physical dimensions of the awning or canopy. Lettering or letters shall not be larger from top to bottom than twelve (12) inches. Lettering or letters shall not denote other than the name and address of the business conducted therein and/or a product or products sold or service rendered therein. Lettering or letters shall be included in calculating the maximum sign area of the permissible wall sign. Lighting. As mentioned previously, detailed plans have not been submitted which specify the style, height, strength/wattage and distribution of lights proposed on the property. The fuel pump island canopy raises concerns relative to the glare of lights onto the public right-of-way and neighboring residences. A photometric plan shall be submitted for review and approval by the City Planner and City Engineer which indicates the foot candle power of lights to ensure that they are in compliance with ordinance requirements. Screening and Landscaping. As specified previously, the site must be landscaped and/or fenced to create a solid visual screen to a height of six (6) feet to buffer the adjacent residential development across 57th Street. While six foot Cotoneaster shrubs and deciduous over story trees have been proposed between the two entrances from 57th Street, it is not possible to create a solid screen given the necessary ingress and egress points while still maintaining vehicular visibility. Required plantings include one(1) shade tree or evergreen tree and sixteen (16) ornamental trees or shrubs. These requirements are in addition to required screening on site and have been properly shown on the landscape plan. 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). Park and Trail Dedication. Park dedication requirements shall be 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. State Permit(s) Required. The storage and handling of gasoline must comply with requirements of the Minnesota State Fire Marshall's office, Pollution Control Agency, and /or other applicable authorities. Any required permits must be kept on site and properly displayed. Developers Agreement. A developers agreement will be required for the project to best facilitate the shared access that is required and future adjacent commercial developments. In addition specific requirements may be set by the City Council under the Conditional Use Permit and items such as hours of operation must be defined. Parkside Comm. Center Report - Page 9 CONCLUSION The proposed convenience store, fuel station and car wash development is in conformance with the majority of Zoning and Subdivision Ordinance criteria, however, there are several outstanding issues to resolve. The decision to approve or deny the requested Conditional Use Permit's is viewed as a policy decision to be made by the City Council. The Executive Summary of this report outlines recommended conditions of approval should the decisions be made in favor of the Conditional Use Permit's. pc: David Lund Linda Goeb Mike Couri Pete Carlson Kevin Mealhouse Don Jensen Parkside Comm. Center Report - Page 10 , It Ili �" __ II .y III �, � - � .. •: , ..... . • L 0 1 1 .1., .7 �. • r r •. , . 9 ... t '.r j\,-! �o jt-Z;.: r;•6i`-^ may' `-\ `�t �A.0 ...11 s, t `' r I - /9�1------ I -- I I My I p/ I.. cr. ' I I �_ I zi14.. 1{ } -� N P75'g7- C zs J • sa I °• I 3 4 � 1 A 3 s ovga t- _i ... • t i m I i ' b " f �. II I II I•�'� I I � • i --- - - ?.'S 70 10 TFt+r! 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I UiIV y0 4 v�Mj' mvF�� I f i l l >�H oti I r , r 4e r � r n qe 'd o -----UfSi(y II C S I 775.70 r r --sss. is --- L alas It ° T o ~` Q� I o � go o n •'�'g Ea no ^ � "Q FP �^ po � t Z� $ a �wep �� � ;• ap o^° ° IRI cl iq n ' 3 °ot srO$ o �q u QQ n o o I u o ti ^a 3 r4 hq o " t J� m CITY OF ALBERTVILLE Planning Commission Findings of Fact & Recommendation Preliminary Plat Final Plat Applicant's Name: Pilot Land Development - Parkside Commercial Center Request: Pilot Land Development Company has submitted a preliminary plat and final plat for Parkside Commercial Center consisting of a two (2) lot subdivision of B-3, Highway Commercial Zoned land. 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 of a future anticipated gas station/car wash use. The remainder of the outlot in association with Outlot B 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. The anticipated future development of the gas station/car wash will require separate site plan and Conditional Use Permit review to allow for fuel sales and car wash operations on Lot 1. Planning Commission Meeting Date: 8 February 2000. Findings of Fact: Based on review of the application and evidence received the Planning Commission 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 Reports dated 4 February 2000, 25 February 1998, prepared by NAC, Inc. and the memorandum dated 18 February 1998, prepared by SEH are incorporated herein. C. On 10 June 1997 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 received, the Planning Commission closed the public hearing and recommended that the City Council approve the project. Parkside Commercial Center Planning Commission Findings of Fact & Recommendation EXHIBIT F- 1 . K , . Adopted by the Albertville Planning Commission this 8th day of February 2000. City of Albertville Jim Brown, Chair Attest: Linda Goeb, City Adminsitrator pc: Don Jensen, Linda Goeb, Mike Couri, Pete Carlson, Kevin Mealhouse 3 Parkside Commercial Center Planning Commission Findings of Fact & Recommendation EXHIBIT F-3 EXHIBIT A SITE LEGAL DESCRIPTION Outlot B, Parkside Third Addition, and Outlot B, Parkside Fourth Addition, according to the plats thereof on file and of record in the office of the County Recorder, Wright County, Minnesota. 4 Parkside Commercial Center Planning Commission Findings of Fact & Recommendation EXHIBIT F-4 i M i . "R-5" RESIDENTIAL MEDIUM DENSITY MULTIPLE FAMILY DISTRICT Section 3700.1 3700.2 3700.3 3700.4 3700.5 3700.6 3700.7 Purpose Permitted Uses Accessory Uses Conditional Uses Lot Requirements and Setbacks Maximum Building Height Maximum Lot Coverage 56C�) 3700.1. Purpose. The purpose of the "R-5" Residential Medium Density Multiple Family District is to provide for medium density housing in multiple family structures ranging up to and including twelve (12) units and directly related uses. 3700.2. Permitted Uses. The following are permitted uses in an "R-5" District: (a) All permitted uses allowed in an "R-4" District, except single and two family dwellings. (b) Multiple family dwelling structures containing twelve (12) or less dwelling units. 3700.3. Accessory Uses. The following are permitted accessory uses in an "R-5" District: (a) All accessory uses as allowed in an "R-4" District. 3700.4. Conditional Uses. The following are conditional uses in an "R-5" District. (Requires a conditional use permit based upon procedures set forth in and regulated by Section 400 of this Chapter.) (a) All conditional uses subject to the same conditions as allowed in an "R-4" District. 3700.5. Lot Requirements and Setbacks. The following minimum requirements shall be observed in an "R-5" District subject to additional requirements, exceptions and modifications set forth in this Chapter. City of Albertville 3700-1 Zoning Ordinance CITY OF ALBERTVILLE RESOLUTION # 2000-7 RESOLUTION ADOPTING AN INTERIM ORDINANCE PLACING A MORATORIUM ON THE DEVELOPMENT OF PROPERTY WITHIN THE CITY'S R-5 ZONING DISTRICTS WHEREAS, the Albertville City Council believes that changes may be warranted in the types of housing allowed in the City's R-5 Zoning District; and WHEREAS, the Albertville City Council has determined that in order to protect the planning process and insure the health, safety, and welfare of the citizens of Albertville that the presently existing ordinances and controls need to be reevaluated to determine what, if any, changes should be made to the City's R-5 Zoning District regulations; and WHEREAS, the City Council desires that the City Planning Commission and City Council study the City's current R-5 Zoning Ordinances and report to the City Council regarding any proposals for change in local controls that the Planning Commission might arrive at with regard to the R-5 Zoning District regulations; and WHEREAS, the City needs a period of time in which to conduct these studies and to implement any needed changes; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FO THE CITY OF ALBERTVILLE: 1. The attached Interim Ordinance Establishing A Moratorium On the Platting of Property Located in the R-5 Zoning District Within the City of Albertville is hereby adopted. Adopted this 61b day of March, 2000. CITY OF ALBERTVILLE John Olson, Mayor Bridget Miller, Deputy Clerk (a) Lot Area: Fifteen Thousand (15,000) square feet and subject to Section 1100.9 of this Chapter. (b) Lot Width: One Hundred (100) feet (c) Setbacks: (1) Front yards: Thirty-five (35) feet (2) Side yards: Not less than fifteen (15) feet on any one side, nor less than thirty (30) feet on the side yard abutting a major street. (3) Rear yards: a. Principal building: Thirty (30) feet b. Accessory building: Per Section 1000.4 of this Chapter. 3700.6. Maximum Building Height. (a) Principal building: Thirty-five (35) feet (b) Accessory building: Per Section 1000.4 of this Chapter 3700.7. Maximum Lot Coverage. No structure or combination of structures shall occupy more than fifty (50) percent of the lot area. City of Albertville Zoning Ordinance 3700-2 such a grill is permanently mounted, plumbed to the structure's natural gas supply, and set at least six (6) feet at all points from all combustibles and all portions of all such residential units. Subd. 1. When access to or within a multi -housing building of 3 or more units or other multi -housing, commercial or industrial structure or an area is unduly difficult because of secured openings or where immediate access is necessary for lifesaving or fire -fighting purposes, the Chief of the Fire Department may require a key box to be installed in an accessible location. The key box shall be a type approved by the Chief of the Fire Department and shall contain keys to gain necessary access as required by the Chief of the Fire Department. Subd. 2. No owner of any building hereafter erected or remodeled shall use, maintain or keep the same for commercial, industrial or multi -housing (other than two -unit dwellings) purposes unless there is on file in the office of the City Clerk an 8-1/2 inch by 11 inch reproducible mylar "as -built" print of each floor of the building. The City Clerk shall not issue a certificate of occupancy for any new or remodeled commercial, industrial or multi -housing building (other than two -unit dwellings) unless such mylars shall be on file. Subd. 1. Any person who shall violate any of the provisions of said Code or Standards hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement or specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the City Council or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and non-compliance respectively by guilty of a misdemeanor. Subd. 2. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. Subd. 3. The application of the above penalties shall not be held to prevent the enforced removal of prohibited conditions. -3- 4 6 , j CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.2000-f_ AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE PLATTING OF PROPERTY LOCATED IN THE R-5 ZONING DISTRICT WITHIN THE CITY OF ALBERTVILLE. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS AS FOLLOWS: Section 1. Intent. It is the intent of this Interim Ordinance to allow the City of Albertville to complete review of the presently existing ordinances in relation to uses currently allowed in the City's R-5 zoning district, and to make appropriate changes in the same in order to protect the value of residential properties within the City of Albertville, to insure proper land use controls, and to facilitate compatibility between such uses and the surrounding property uses. Section 2. Authority and Purpose. The City Council is empowered by Minn. Stat. 462.355, Subd. 4 to pass an interim ordinance, applicable to all or a portion of its jurisdiction, for the purpose of protecting the planning process and the health, safety, and welfare of its citizens. Section 3. Temporary Prohibition. For one year after the effective date of this ordinance, or until such earlier time as the Albertville City Council determines by resolution that the reasons for the moratorium no longer exist, no plats shall issued for property located within the City's R-5 zone, nor shall the City receive, consider, and/or approve, any application, of any type, which proposes to plat property located in an R-5 zone, unless said R-5 zoned property is platted as an outlot. Applications in process by the City at the time of the passage of this interim ordinance by the City Council shall not be subject to this temporary prohibition, provided that the City Planning Commission has held a public hearing on said application prior to the time of the passage of this interim ordinance by the City Council. Amendments to said applications shall also be exempt from said temporary prohibition, provided said amendments do not alter the original application in such a manner as to require an additional public hearing before the Planning Commission or City Council. Section 4. Misdemeanor. Any person, persons, firm or corporation violating any provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished pursuant to Minn. Stat. 609.02, Subd. 3, or as subsequently amended, plus costs of prosecution. Section 5. Injunctive Relief. In the event of a violation of this ordinance, the City may 1 institute appropriate actions or proceedings, including requesting injunctive relief to prevent, restrain, correct, or abate such violations. Section 6. Separability. It is hereby declared to be the intention that the several provisions of this ordinance are separable in accordance with the following: if any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said judgment. Section 7. Effective Date. This ordinance shall take effect from and after its passage and publication, and shall remain in effect until one year after the effective date, unless a shorter period of time is approved by proper resolution of the Albertville City Council. PASSED by the City Council of the City of Albertville this 6d' day of March, 2000. Deputy Clerk CITY OF ALBERTVILLE Mayor 2