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4.0B ACKGROUND 15 4.1The subject property has a Comprehensive Plan designation of Community Mixed Use 16 (CMU) and a corresponding zoning classification of Community Mixed Use (CMU) 17 District. The proposal has been prompted by plans to develop an approximately PLAT 18 160,000-square-foot Walmart store in the eastern portion of the site and two smaller 19 future developments on the western side of the property, along Cleveland Avenue. When 20 exercising the so-called “quasi-judicial” authority when acting on a plat request, the role 21 of the City is to determine the facts associated with a particular request and apply those 22 facts to the legal standards contained in the ordinance and relevant state law. In general, 23 if the facts indicate the applicant meets the relevant legal standard, then they are likely 24 entitled to the plat approval, although the City is able to add conditions of approval to 25 ensure that the likely impacts to roads, storm sewers, and other public infrastructure on 26 and around the subject property are adequately addressed. 27 4.2On July 9, 2012 the City Council approved the pertinent ; the PRELIMINARY PLAT 28 approved preliminary plat is included with this report as Attachment C. Several 29 conditions were attached to the approval of the . The following is an PRELIMINARY PLAT 30 itemization of those conditions and some comment on their current status. 31 a. Wal-Mart Real Estate Business Trust shall enter into a development agreement 32 pertaining to the plat which is satisfactory to the City. This will be completed upon 33 the approval and execution of the development agreement in conjunction with the 34 approval of the final plat. 35 b. Wal-Mart Real Estate Business Trust shall acquire fee simple title to all of the real 36 property included in the plat and provide proof that there are no liens, encumbrances 37 or other parties having an interest in the Property at the time the Development 38 Agreement and Plat are recorded or make other arrangements which are satisfactory 39 to the City to assure that title to the property is satisfactory to the City. This will be 40 completed upon the approval of the final plat and execution of the purchase 41 agreement with the present property owners. 42 c. Wal-Mart Real Estate Business Trust shall either dedicate on the Plat or otherwise 43 convey all roadway, utility, drainage, and other easements required by the City. Such 44 rights-of-way and easements are dedicated on the final plat. 45 d. The access points to enter and exit the Property shall be at locations approved by the 46 City and any other governmental entity having jurisdiction over adjacent roadways. 47 This will be completed as an integral part of the construction permitting process. 48 e. Wal-Mart Real Estate Business Trust shall install subdivision monuments as 49 reasonably required by the Roseville Public Works Department and Ramsey County 50 Surveyor.This will be completed as an integral part of the normal plat process 51 following final plat approval. 52 f. Wal-Mart Real Estate Business Trust shall pay all unpaid subdivision review escrow 53 fees as detailed in the adopted fee schedule for the City of Roseville prior to the City 54 releasing the Plat for recording. This remains incomplete pending calculation of such 55 review fees. 56 g. The applicants shall make all submissions and perform all requirements pertaining to 57 final plats set forth in the Roseville City Code, including Sections 1102.01, 1102.04, 58 1102.06, and 1102.07. This has been completed. 59 PF12-001_RCA_072312 Page 2 of 7