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PL 07/08/1992 - 30758� CITY OF FRIDLEY PLANNING COMMISSION MEETING, JULY 8, 1992 ��.,.��..��_��..�� CALL TO ORDER: Chairperson Betzold called the July 8, 1992, Planning Commission meeting to order at 7:33 p.m. ROLL CALL: Members Present: Don Betzold, Dave Kondrick, Dean 5aba, Sue Sherek, Larry Kuechle (for Diane Savage), Connie Modig, Brad Siela�f Members Absent: None Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Greg Frank, McCombs, Frank, Roos Brian Johnson, McCombs, Frank, Roos Ron Krank, KKE Architects See attached list ^ APPROVAL OF JUNE 24 1992 PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Saba, to approve the June 24, 1992, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOOSLY. 1. PUBLIC HEARING• PRELIMINARY PLAT P.S. #92-05. BY WAL-MART STORES. INC.: To replat an area (Parcels 1- 3) into one lot. The following are the legal descriptions: Parcel 1: That part of the North 32.12 acres of the North Half of the Northwest Quarter of Section 2, Township 30, Range 24, lying West of Highway 47 (University Avenue), according to the United States Government Survey and situate in Anoka County, Minnesota. Parcel 2: The East 600 feet a.s measured at right angles to the west right-of-way of State Trunk Highway 47, of the following described tract: All of the Northwest Quarter of the Northwest Quarter of Section 2, Township 30, Range 24, Anoka County, Minnesota, lying westerly of State Trunk Highway No. 47 except the South 1050 feet thereof and except that part � �� PLANNING COMMISSION MLETING JIILY 8, 1992 PAG$ 2 lying North of the South line of the North 32.12 acres of said Northwest Quarter of Section 2. Parcel 3: The East 600 feet of the North 6.00 feet of the South 1050 feet of all that part of the Northwest Quarter of the ATorthwest Quarter of Section 2, Township 30., Range 24, Anoka County, Minnesota, lying Westerly of State Trunk Highway No. 47. This property is generally located at 85th and University Avenues. 2. PUBLIC HEARING: REZONING. ZOA #92-05 BY WAL-MART STORESt INC.: To rezone property from M-2, Heavy Industrial to C-2, General Business, on the following described property: Parcel 1: That part of the North 32.12 acres of the North Half of the Northwest Quarter of Section 2, Township 30, Range 24, lying West of Highway 47 (University Avenue}, according to the United States Government Survey and situate in Anoka County, Minnesota. This property is generally located at 85th and University � Avenues. 3. PUBLIC HEARING: SPECIAL USE PERAqIT. SP #92-07 BY 6JAL-MART STORES, INC.• Per Section .205.14.01.C.(13) of the Fridley City Code, to allow garden centers or nurseries which require outside display or storage of materials, or� the following described property: Parcel 1: That part of the North 32,12 acres of the North Half of the Northwest Quarter of Section 2, Township 30, Range 24, lying West of Highway 47 (University Avenue), according to the United States Government Survey and situate in Anoka County, Minnesota. Parcel 2: The East 600 feet as measured at right angles to the west right-of-way of State Trunk Highway 47, of the following described tract: All of the Northwest Quarter of the Northwest Quarter of Section 2, Township 30, Range 24, Anoka County, Minnesota, lying westerly of State Trunk Highway No. 47 except the South 1050 feet thereof and except that part lying North of the South line of the North 32.12 acres of said Northwest Quarter of Section 2. Parcel 3: The East 600 feet of the North 600 feet of the South 1050 feet of all that part of the Northwest Quarter of ^ the Northwest Quarter of Section 2, Township 30, Range 24, �� PLANNING COMMISSION MEETTNa. JIILY 8. 1992 PAGE 3 Anoka County, Minnesota, lying Westerly of State Trunk Highway No. 47. This property is generally located at 85th and University Avenues. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to waive the reading of the public hearing notices and to open all three public hearings. IIPON A VOICE VQTE, ALL VOTINGi AYE, CHAIRPERSON BETZOLD DECLARED THE PIIBLIC HEARINGB OPEN AT 7:3b P.M. Preliminary Plat Request Ms. McPherson stated the property is currently vacant and is zoned in two different land use classifications. The northern-most portion of the parcel which parallels 85th Avenue is currently zoned M-2, Heavy Industrial, and will be the subject of the rezoning request by the petitioner. The second portion of the parcel which parallels University Avenue is currently zoned C-2, General Business. Ms. McPherson stated the entire parcel totals approximately 29 n acres and is adjacent to the 5pringbrook Nature Center and the Springbrook Apartment complex. There is additional commercial development north of 85th Avenue in Blaine and Coon Rapids, and there is residential development to the east across University Avenue in Spring Lake Park. Ms. McPherson stated McCombs, Frank, and Roos, an engineering fina, is representing Wal-Mart, and representatives are at the meeting. Ms. McPherson that in 1990, the City reviewed a request by First Western Development Corporation of Denver, Colorado, to construet a 250,000 sq. ft. shopping center development on this site which included a 120,000 sq. ft. Target Greatland as an anchor tenant. That proposal was not reviewed by the City Council. Ms. McPherson stated the issues that must be reviewed by the Planning Commission are drainage, wetland mitigation, traffic and road construction, and the general architectural details of the proposal. Ms. McPherson stated that water currently drains from this particular parcel through two ditches which run east/west through the middle of the parcel. The ditches carry water from the adjacent Spring Lake Park and Northtown developments through the site and into Springbrook Nature Center through the Springbrook Apar�ments. These two ditches have been classified as Type VII wetlands and are proposed to be filled by the petitioner in order to complete the development. In addition, water also flows across � PLANNINa COMMI88ION MLETING, JIILY 8, 1992 PAGE 4 the surface in the northwest corner of the property across a Type VI wetland. Ms. McPherson stated that once the development occurs, the two existing ditches which carry water across the site will be combined into one storm water pipe which will continue to allow water to flow in a westerly direction from Spring Lake Park into the Spring- brook Apartments and into Springbrook Nature Center. Water from the development will flow in two directions: (1) south and west from the middle of the site from the building and a portion of the parking lot. That water will be retained in two detention ponds and will be released through a series of pipes i.nto the pipe where the water from Spring Lake Park is also leaving the site. (2) The remainder of the site will flow north and west into a detention pond and a proposed Type IV open water wetland. Ms. McPherson stated the wetland currently on site is approximately 5.9 acres, and a 2.6 acre detention pond will be created as pe�` Army Corps of Engineers requirements. This will serve to replace the wetlands that are being filled on site and will also serve to retain and detain storm water on site so it does not flow off the site at a quantity or quality greater than what now leaves the site in its undeveloped state. ^ Ms. McPherson stated the petitioner has met with the Springbrook Nature Center Board which is a separate foundation from the City government and oversees the operation of Springbrook Nature Center. The petitioner reviewed the project and the potential impacts the creation of the proposed detention pond may have on the Nature Center. It is possible that through dredging on the subject parcel that the ground water level in the Nature Center may be affected, and it could potentially affect the wetlands to the west of the proposed detention pond. Ms. McPherson stated the petitioner has contracted with Braun Intertech Environmental, Inc., to do a ground water study on both the subject parcel and in the Nature Center to determine the level of the permanent ground water and to determine in which direction the ground water flows. Once these have been identified, the petitioner can determine if activity on the subject parcel will impact the Nature Center and, if it will have an adverse impact, what type of design solutions may be used to correct or prevent any adve�rse impacts to the Nature Center. Ms. McPherson stated the petitioner will meet again with the Springbrook Nature Center Board on July 27, 1992, to review the results of the study done by Braun Intertech. Ms. McPherson stated the City will require Wal-Mart to execute and record against the property a maintenance agreement stating that �� Wal-Mart will be responsible for the maintenance of all the on-site detention ponds and wetlands. PLANNINa COI�MI88ION MEETINd. JOLY 8. 1992 PAGE 5 � Ms. McPherson stated that in addition to the on-site wetlands creation, Wal-Mart will be mitigating additional wetland area as required by the Army Corps of Engineers at Meadowlands Park which is located north of Mississippi Street between Kennaston and Oakley Streets. Historically, homeowners in this general vicinity have often experienced wet basements after large rainfall events. Water does not easily flow out of the park. Ms. McPherson stated a wetland of approximately 3.2 acres would be created at Meadowlands park. The drainage would be changed such that an open play area would be created and the drainage in the neighborhood would be corrected. The installation of a control structure for the wetland will ease the storm water flows from the neighborhood during water storm events, and an additional storm water detention area will be constructed. Ms. McPherson stated that as part of the plat, the petitioner is proposing to dedicate right-of-way for a public road. This road would an extension of the West University Avenue Service Road system. The petitioner has presented a preliminary road design to the City which has also been sent to Anoka County and MnDOT for review and comment. The alignment of the 85th Avenue intersection occurs with Adler Street in Coon Rapids, which is also a logical ,.� location for a future traffic light �hould Anoka County deem the traffic counts warrant one. The petitioner has dedicated adequate right-of-way at the intersection to provide additional turn lanes and medians to direct traffic. Ms. McPherson stated the petitioner has indicated that due to the praposed timetable for construction of the proposed project that Wal-Mart intends to bid the road out for private construction; however, the City will still be responsible for reviewing the plans and for inspecting the road after it has been constructed. Ms. McPherson stated the zoning district for this particular area is C-2, General Business District. The petitioner is proposing to construct a 116,000 sq. ft. Wal-Mart facility on the southern-most portion of the site. In addition, there is room for an expansion of about 30,000 sq. ft. which will depend on the economic future of Wal-Mart. The petitioner is proposing extensive landscaping which exceeds the minimum requirements outlined in the Zoning Code. The petitioner will also be required to install underground irrigation and a 6 foot high screening fence along the common property line between Wal-Mart and the apartment complex to the west. Ms. McPherson stated the petitioner has submitted the signage package for staff review. The petitioner intends to comply with both the wall and pylon sign requirements ou'tlined in the Sign � Code. Wal-Mart will be predominately utilizing wall signage versus PLANNING COMMI88ION I�ETING. JIILY 8, 1992 PAGE 6 i� the typical pylon sign and plans to install only the 80 sq. ft. sign permitted by Code. Ms. McPherson stated the building is proposed to be constructed of rock face and smooth face concrete block, as well as additional architectural materials to provide an interesting facade on the front of the building. Wal-Mart's colors are light gray, red, and blue. Ms. McPherson stated the proposed garden center will be enclosed with rock face block and wrought iron sections. Ms. McPherson stated the petitioner is proposing Sterner lighting standards for the parking lot which are the typical shoebox type lighting standard with shielded light sources. The petitioner is currently proposing to use 40 foot poles; however, after reviewing a cross section showing the relationship of the lighting standards to the adjacent Nature Center and the adjacent apartment struc- tures, staff is recommending that the height of the poles be reduced to 30 feet to lessen the visual impact to both the Nature Center and adjacent apartment complex. Ms. McPherson stated the City recently installed the first leg of an off-street bikeway/walkway system along the west side of �,—� University Avenue. The first leg was installed last year between 71st and 73rd Avenues. That particular segment of the bikeway was installed in the MnDOT right-of-way for University Avenue; horaever, there is adequate right-of-way along the proposed public road for this development, and a proposed future off-street bikeway/walkway would not be adversely impacted by the development. Ms. McPherson stated the petitioner will be required to pay a park dedication fee as required by ordinance and will be required to remove the two existing billboards located on the site. Ms. McPherson stated staff is recommending that the Planning Commission recommend approval of P.S. #92-05 with the following stipulations: 1. Submit a bond in the amount of 3% of the construction value to insure installation of the outdoor improvements. 2. Underground irrigation shall be installed. 3. The petitioner shall install a six foot hiqh screening fence along the common property line between the subject parcel and the apartment complex to the west. 4. The on-site wetland mitigation area shall be expanded to n 2.67 acres to meet the 1:1 replacement required by the 1991 Wetland Conservation Act. �� '} PLANNINa COMMI83ION MEETING. JIILY 8, 1992 PAGE 7 5. The petitioner shall provide information regarding permanent ground water level and flow to staff and the Nature Center Board, and if construction on the subject parcel shall have an adverse impact on the adjacent wetlands, the petitioner shall provide an appropriate design solution to correct such an adverse impact. 6. The petitioner shall execute and record against the property a maintenance agreement which states that Wal- Mart, Inc. shall be responsible for maintaining all detention and wetland areas on the subject parcel. 7. The petitioner shall install baffle weirs on the detention inlets in order to screen floatables from storm water entering the detention ponds. 8. 9. 10. A final drainage plan shall be submitted to and.approved by staff prior to the issuance of a building permit. A park dedication fee of $29,164.73 shall be paid prior to the issuance of a building permit. The existing billboards on the site shall be removed prior to the issuance of a building permit. 11e The light poles shall be reduced to 30 feet. 12. The petitioner shall comply with all Anoka County requirements for on-site construction of the intersection at County Road 132 (85th Avenue). Mr. Saba stated he would be concerned about the direction of the lighting and whether the lighting can be deflected away from the Nature Center, tahether the�poles are at 30 feet or 40 feet. Ms. McPherson stated she believed that issue can be addressed� through the lighting standard. The lighting standard can be changed to deflect light away from certain areas. However, this issue was not discussed with the petitioner. Mr. Kondrick stated he believed shoebox lights have the ability to regulate which direction the light goes within the fixture itself. Ms. Sherek stated this issue needs to be addressed in an effort to mitigate the light encroachment into the Nature Center. Mr. Kondrick asked if there are any plans for additional land- scaping besides the berm in the northwest corner adjacent to the Nature Center. Ms. McPherson stated the only plans for that portion of the site is to construct the detention area, revegetate, and leave the berm PLANNING COMMISSION NtEETING� JIILY 8, 1992 PAGE 8 �, � as it exists on the Nature Center with no further enhancements of the site. Mr. Kondrick asked if Siah St. Clair, City Naturalist, has been made aware of Wal-Mart's plans. Ms. McPherson stated Mr. St. Clair has been an integral part of the discussions with the petitioner. He has not made any comments as to whether or not additional landscaping is needed in this area. His concern at this point has been predominately with the ground water situation. The Springbrook Nature Center Board reviewed this proposal, and they were concerned about the height of the light standards; however, they did not make any additional comments regarding the landscaping. Mr. Kondrick stated that regarding the entrance and exit on 85th Avenue on the service road, what is the distance from the road to the corner of 85th and University, and how many cars can be stacked? Is that section of the road going to be widened to accommodate the traffic? Ms. McPherson stated there is a distance of 550 feet from the corner to the intersection of 85th and University Avenue. �.-� Ms. McPherson stated the petitioner is dedicating the additional right-of-way as requested by Anoka County. In the future, Anoka County does have plans to widen 85th Avenue. Anoka County is proposing two lanes in e.ach direction with paved shoulders and a bikeway along the south side. Ms. Dacy stated a turning lane would also probably be added and a left turn only lane. Mr. Sielaff asked about the remaining land along 85th Avenue in the northeast corner. Ms. McPherson stated the remaining portion of land totals approximately 4 acres. At this time, Wal-Mart is intending to sell that property. Mr. Betzold asked that if the C-2 zoning is approved, what type of uses could go onto that piece of property? How would the property be accessed? Ms. McPherson stated the access for any future development on this property would be from the frontage road. There is adequate area for it to be subdivided into two parcels. Typical uses would be a restaurant, small convenience type uses, and other types of retail facilities. ^ Mr. Betzold asked staff to elaborate on any adverse impact the development might have on 5pringbrook Nature Center. PLANNING COMMI88ION MEBTINQ� JIILY 8, 1992 PAG� 9 /�`� -- Ms. McPherson stated that Braun Intertech has installed four monitoring wells, three on the subject parcel and one on the other side of the berm in the Nature Center. They are measuring the permanent ground water level in relation to the elevations of the proposed depth of the excavated detention pond and the wetland that is proposed. Once they determine the permanent ground water level, they will also look at the direction in which the ground water flows. The concern is that due to the permanent ground water level and ground water flows, will the excavation by Wal-Mart dewater the area on the other side of the berm in the Nature Center? Mr. Betzold stated that if there is an adverse impact on the Nature Center, who decides the appropriate design solution to correct such an adverse impact? - Ms. Dacy stated staff will review any des�gn solution and will make a recommendation. If staff does not feel the solution is adequate, they will discuss this with the petitioner. Mr. Saba asked if the City can get a statement in writing from the Springbrook Nature Center Board as to the appropriateness of any design solution. r.—� Ms. McPhers.on stated, yes, they can do.that. Mr. Sielaff asked if there was going to be only one measurement. What about seasonal fluctuations of ground water? Ms. McPherson stated that one issue that is unknown at this time is whether or not there is a perched water table in this area or another water table underneath. Braun Intertech feels they can accomplish the study and give a reasonably accurate response back to the Nature Center with one measurement. Ms. Modig stated the water will flow north and west off the bulk of the parking lot and off the building and loading dock area. There would be no way to know what kind of water contamination will go into the holding pond. If someone drops and spills a case of antifreeze, that will flow off the property into Springbrook Nature Center. That could have quite an affect on the quality of water going into the Nature Center. Ms. McPherson stated the reason for the requirement for the weirs and traps is to trap floatables to prevent any contamination from flowing into the Nature Center. One plus is that water is gaing to be held within the on-site wetland and detention areas before it is released into the Nature Center. That will allow time for some things to be absorbed by the various types of vegetation. It ,� has been proven that certain types of vegetation do improve the � water quality. PLANNING COMMI88ION MEETINa. JIILY 8, 1992 PAaE 10 /'� Mr. Sielaff stated he is concerned about this data on the ground water and whether it is going to be predictive at all. Is the data going to be able to teil them what is going to happen under certain scenarios, i.e., under certain precipitation events, seasonal changes, etc.? Ms. McPherson stated that is a question that should be asked of the petitioner. Rezoning Request Ms. McPherson stat�d that only a portion of the site needs to be rezoned from M-2, Heavy Yndustrial, to C-2, General Business. Zoning requests must be evaluated on three criteriae 1. Compatibility of the proposed use with the proposed district 2. Compatibility of the proposed district with adjacent uses and zoning. 3. Compliance of the proposed use with the proposed district requirements. � Ms. McPherson stated staff has found that the proposed development meets the three criteria for evaluating the rezoning request; therefore staff recommends approval of the rezoning request. Rezoning the parcel from M-2 to C-2 will decrease any potential environmental impacts which may be related to an industrial use which could currently locate on the property. Staff, therefore, recommends that regardless of any other decisions by the City Council regarding the entire Wal-Mart proposal, the Planning Commission should recommend approval of rezoning the parcel from M-2, Heavy Industrial, to C-2, General Business. Special Use Permit Request Ms. McPherson stated the C-2 General Business District regulations require that a special use permit be issued for garden centers or nurseries which require outdoor storage. In addition to the retail center, Wal-Mart is proposing to construct a 6,500 sq. ft. garden center. The garden center is located at the northeast corner of the building along the West University Avenue Service Drive frontage. Pedestrian access to the garden center will occur predominately through the retail facility, and there is opportunity for vehicular access to the garden center from the entry drive. N[s. McPherson stated there is no adverse impact to the develop�ent from the location of the garden center. The building materials which include the rock face block, knee walls which are '� approximately three feet, in height and the rock face block pillars with wrought iron fence sections will provide adequate screening. /'� PLANNING COMMISSION ME$TING. JIILY 8, 1992 PAGE 11 Staff has recommended that bulk items such as fertilizer, bags of soil, hay-bales, etc., be stored adjacent to the builder so that plant materials can be utilized as additional screening materials. Ms. McPherson stated staff recommends that the Planning Commission approval of the special use permit request with two stipulations: 1. Plat request, P.S. #92-05, shall be approved. 2. Bulk items shall be stored adjacent to the main building and screened from the public.right-of-way. Ms. McPherson stated stipulation #3 in the staff report which requires the rock face concrete block, knee walls, and pillars with wrought iron fence sections can be deleted as staff has received from the architect the new detail regarding the architectural materials for the garden center. ' Mr. Greg Frank stated he is with the engineering and planning firm of McCombs, Frank, Roos, Associates. Brian Johnson, their Project Engineer, and Ron Krank from Korsunsky, Krank, Erickson (KKE) Architects, the architectural consultant to Wal-Mart Stores, Inc., are also at the meeting. He stated he will discuss the planning � and civil engineering elements of the design. Mr. Krank will do a presentation on the architectural elements of the building. Mr. Frank stated City staff indicated that there are a number of elements in the design that they tried to address. The roadway elements is one they have addressed. He described the roaclway system as proposed, and that Anoka County has reviewed the road alignment as it meets 85th Avenue. Mr. Frank stated that the distance of 550 feet from the entrance of the Wal-Mart store to the intersection of 85th and University Avenue provides a stacking for approximately 27 vehicles, 54 vehicles for two lanes. That is a very adequate stacking distance. Mr. Frank stated that a3.ong the westerly boundary line abutting the Springbrook Nature Center, the Nature Center currently has a berm approximately 10 feet high and fencing, so any additional fencing by Wal-Mart would be redundant. Mr. Frank stated access to the site will be along the frontage road at two points. The building is located on the south side of the property oriented to the north, and the parking lot is also to.the north. Landscaping on the parking lot includes landscaped and irrigated islands. There is an area in the northeast corner that will be kept green for future parking if the building is ever expanded to the rear. The truck loading area will be located at �1 the south end of the site and it will be screened and extensively landscaped. PLANNING COMMIBBION MEETINa� JIILY 8, 1992 PAGE 12 Mr. Frank stated they are proposing two ponds to handle the on-site drainage. These ponds will hold the runoff water from storm events and bleed it out into the existing storm sewer system at a rate equal to the rate that occurs at the present time in its undeveloped state. Mr. Frank stated that in order to avoid the problem of any spill in the parking lot, they are trying to intercept anything before it flows into the ponds. Additionally, at all the outfalls from the storm sewer ponds, they are providing baffle devices so that any floatables will be collected. Mr. Frank stated one of the concerns expressed by the Springbrook. Nature Center Board related to the impact the development might have on them. There was a question raised by one of the Commission members about whether one ground water measurement will solve the problem or define the problem. They are locating four wells in this general area. The intent is not to determine the elevation of the ground water, but to determine what is the relative location of the ground water in these locations and to determine the direction of the flow. By locating the direction at different points, then additional permeability tests will determine the rate that the water flows. The concern of the Springbrook Nature Center �,-� Board is whether this development will lower the ground water in Nature Center and cause problems with vegetation. If it is determined that the development is going to have an impact, there are some design alternatives. Mr. Frank stated that they are going to be doing some off-site mitigation at the Meadowlands Park. He described the proposed design for the wetland mitigation at Meadowlands Park. They have received a permit from the Army Corps of Engineers for this mitigation plus the additional open water wetland area they are creating on the development site. Mr. Frank stated that they appreciate the hard and fair review they have received from City staff. They can accommodate all the stipulations except stipulation #11 in the plat request that the light poles be reduced to 30 feet. They want to keep the poles at 40 feet. They have looked at the site and their competition to the north which have 40 foot light poles. The lighting to the north is downcast. He stated their lights are also downcast, and they will keep their lighting on their property line below one foot candle. The lights themselves are shielded with the box containers so the lighting is being cast down. If they have to reduce the light poles to 30 feet, they will have to increase the number of light poles in order to create enough light in the parking lot for security and safety reasons. They feel the 40 foot light poles are important to the design and would have a minimal impact on adjacent �� properties because the lighting is downcast and lighting at the property line would be less than one foot candle. PLANNING COMMI88ION MEETING. JIILY 8, 1992 PAGE 13 � Mr. Kondrick asked if the shoebox light standards have the ability to be directed in different directions. Mr. Frank stated it is his understanding that the light standards do have that directional ability. The wattage can also be reduced to further minimize the impact, Ms. Dacy stated in recommending the 30 foot high light poles, staff was looking at the cross section, and the light poles appear to be higher than the apartment buildingss In terms of location, the apartment buildings are going to be closer to those lights, and people living there could possibly have glare into their homes. Mr. Kondrick asked if the petitioner would consider having 30 foot light poles in certain parts of the parking area and 40 foot light poles in other parts of the parking area. Mr. Frank stated that has not been considered, but it might be an option. They would prefer the 40 foot light poles that would be less than one foot candle at the property line, and it is a better standard in terms of design. Ms. Sherek stated she has a concern that has not really been � addressed and that is contaminants running off into the storm water system. She stated she realizes there will be a distance for the water to flow before it enters the detention ponds and baffle weirs will be installed to screen floatables. But, there is still a very real possibility of spills of paint or antifreeze in the parking lot going into those ponds. How is the petitioner going to retain those fluids to keep them from going into Springbrook Nature Center and into the water supply. Mr. Frank stated it is a large parking lot, and the spill would have,to occur probably during a rain event and probably very close to the intake pipe to have an adverse impact. If the spill happened on a dry day, the blacktop would be colored, but could be cleaned up. He believed those type of spills could be handled through routine maintenance and cleanup of the parking lot. There is always the possibility of a spill happening at a catch basin on a rain day, but obviously that could happen anywhere at any time and is as likely to happe� somewhere else in the City as on this site. Mr. Sielaff stated a bigger issue might be salt used on the parking lot in the winter time. How the snow is managed on the site would be important in terms of the water quality of this basin. Mr. Frank stated he is not sure if salt will be used in snow �„1 removal. /"'\ PLANNING COMMISBION MEETING, JIILY 8, 1992 PAGE 14 Mr. Ron Krank of KKE Architects made a presentation on the archi- tectural elements of the project. Mr. Krank stated that he could understand staff's and the Commission's concern about the light standards. He stated they can make the shoebox fixtures in such a way with cutoffs that they can end the light at a certain point on the property. He would propose that they prepare some geometric drawings that would indicate how the light is projected out onto the parking lot with those fixtures and also the cut of the fixture which would show exactly how the light source would be within the box and what is visible from a distance. He would submit that information to City staff before the Council meeting. Mr. Kuechle stated his concern about the 40 foot light pole is not so much the amount of light escaping over into the parking lot, but rather the visual impact from the Nature Cenfier. Mr. Steve Claypatch, Construction Industry Research Company, 312 Central Avenue, Minneapolis, stated Construction Industry Research is a research arm of the labor organizations and is the contractor organization in the City of Minneapolis. He is speaking on behalf of some of their members who live in the Fridley community, some of whom are at the meeting, and other people who are at the meeting ^ representing labor organ.izations. Mr. Claypatch stated he is concerned about the downzoning of this property. He asked how long this property has been zoned M-2, Heavy Industrial. Ms. McPherson stated she believed the property has been zoned industrial sir�ce the City�s first zoning code in 1955. Mr. Claypatch asked if the City has a Comprehensive Plan that involves the original layout of the City, and, if so, would that have to be modified with this zoning change? Ms. McPherson stated the City does have a Comprehensive Plan; however, these particular parcels are currently defined in the Comprehensive Plan as a"redevelopment area", not as a particular land use designation. Ms. Dacy stated the land use designation is the redevelopment title. It is not classified as industrial or commercial. It not only includes this parcel at the immediate intersection, but it also goes as far south as 81st Avenue and as far as west the railroad tracks. No modification will be needed to the Comprehensive Plan. Mr. Claypatch asked what happened to the 1990 request to build a n Target store at this location. /�`� PLANNING COMMI88ION MEETING, JIILY 8, 1992 PAGE 15 Ms. Dacy stated First Western Development Corporation is a development firm ou� of Denver, Colorado. First Western was proposing a multi-tenant shopping mall with Target as one of the anchor tenants. She believed the developer was not able to obtain financing for the shopping mall, and the development fell through. Mr. Claypatch stated that with the drainage problems, the wetlands and the affect they might have on the Nature Center, and traffic pattern problems, has an Environmental Assessment Worksheet ever been done on this property? Ms. Dacy stated that an Environmental Assessment Worksheet (EAW) as defined by the Environmental Quality Board has not been done on this property, nor is it required for a community of Fridley's size (popuYation). Mr. Claypatch asked if a request or a petition is made.for an EAW, does that request have to be granted? Ms. Dacy stated the Environmental Quality Board rules do provide for a petition process if there are a certain number of signatures. That would initiate the process, .and an EAW would have to be filed. The purpose of the EAW is to determine if there are any issues that would necessitate the preparation of an Environmental Impact �...� Statement (EIS) which is the next step in that process. Mr. Claypatch asked if the creation of a wetland at Meadowlands Park could also be petitioned for a separate EAW. Ms. Dacy stated, yes, they could petition for a separate EAW, but it would be unnecessary since the project will be an improvement to the area. Mr. Claypatch stated that the building trade people and union members who live in the Fridley community are at the meeting are seeing a recurring theme within the Wal-Mart Corporation. Not only do they believe it is the duty of the Planning Commission to review and make a recommendation to the City Council on the basis of the merits of the proposal, but they are hoping the Planning Commission _ will also take into consideration the construction methods that Wal-Mart has had in the past. Wal-Mart utilizes an open•shop construction method which is something the labor organizations have a problem with. Wal-Mart doesn't believe in the opportunity of paying the prevailing wage within the community. Wal-Mart opens up their bidding process to anybody within the U.S.A. His organization finds that kind of disturbing. Wal-Mart has a tendency to tear down area standards and conditions in the bidding process. In other areas of the city and suburbs in which they have been building, Wal-Mart has had contractors coming in from North and South Dakota to do the construction. That does not allow the � citizens of Fridley to even have an opportunity to build within their own community. PLANNINQ COMMI88ION MEETIN(3, JULY 8. 1992 PAGE 16 � Mr. Frank stated those people representing Wal-Mart at this meeting are only the engineers and architect for the project. They are not part of the bidding process, but both the engineering firm and the architectural firm are�local firms. Mr. Robert Larson, 1533 - 73 1/2 Avenue N.E., stated he is concerned about the impact of this development on the Nature Center. He is concerned about the use of salt in the parking lot during the winter. 5alt kills everything and is a very serious problem. He is concerned about a Wal-Mart in Fridley, because Wal- Mart pays minimum wage. The residents of Fridley cannot live on minimum wage jobs. Mr. Steve Thill, 7603 Meadowmoor Drive, stated he is an electrician by trade. He would love to have the opportunity to install the shoebox lighting, but, unfortunately, he will not have that opportunity because Wal-Mart will be contracting work out to North Dakota and hiring North Dakota people to do the job in Fridley. That is taking his job away; therefore, he is speaking against the construction of a Wal-Mart store in Fridley. Mr. Pat Boyle, &261 Rainbow Drive N.E., stated he has been a resident of Fridley for 22+ years. He stated his family has spent � much time over the years at Springbrook Nature Center. He would be opposed to any development that can even possibly have an adverse impact on the Nature Center. He has been a construction worker all his life and he, too, would like the opportunity to work on this project if it is approved. If Wal-Mart's reputation around the country is breaking down area standards and conditions, then he would be opposed to the development. There is a Wal-Mart in Coon Rapids and one in Brooklyn Park, and he believed a Wal-Mart in the Fridley area is going to have an adverse impact on some of the businesses like Holiday and Target that have been good citizens in the City of Fridley for many years. He stated he is opposed to the development. Mr. A1 Kelley, stated he is representing IBEW Local #110, some of whom are members of the Fridley community. He is concerned about Wal-Mart jobs going to out-of-state construction companies. Sam Walton and his billions has been moving in on everybody and everything. He has documentation that tells how Wal-Mart has totally destroyed small towns, and now they are coming to Fridley. Now this is not small town business; it is big town business. There are members of the business community who are not going to be able to pay their taxes because they will go broke because of Wal-Mart. He stated he would be happy to furnish the Commission with the studies that have been done regarding the philosophies of the Wal-Mart Corporation which is the total and complete disruption of the marl�eting process in the U.S.A. � PLANNING COMMISSION MEETING, JIILY 8, 1992 PAGE 17 � Mr. Gary Knight, 513 Rice Creek Terrace, stated he is not in the construction trade, but he can anticipate some problems. If Wa1- Mart is approved and the construction jobs are contracted out of state, there are going to be a lot of unhappy people. T�hen Wal- Mart moves in, everything small moves out or dies. Mr. Nelin Nekora, 5173 Lincoln Street N.E., stated he is a Minneapolis electrician. He did not believe Wal-Mart will be a very good neighbor. They appear to have no qualms about coming in and employing people from other states, not payinq a prevailing wage, and not giving local companies a chance to bid. He stated he is opposed to this development. Fridley does not need a Wal- Mart, but Fridley does need jobs and this development will not help that situatione Mr. Betzold asked if these issues have been brought to the attention of the City �ttorney and whether or not the grounds that have been suggested would be valid to deny these requests. Ms. Dacy stated the City Attorney has not been made aware of these issues. The plat is based on the standards in the subdivision ordinance. The rezoning is based on the community�s long term goals for this particular property, and the three standards cited in the staff report have been an informal guide used in the past. ^ The special use permit for the garden center comes from the Zoning Ordinance. These are all land use related issues. If the Commission wishes, staff can have the City Attorney evaluate these issues. Mr. Betzold stated he believed the City Attorney should review the issues raised at the meeting before the City Council meeting. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to reeeive a letter dated July 7, 1992, from Steven Ach, Principal Planner, City of Blaine. Mr. Betzold stated that in the letter, Mr. Ach states that the City of Blaine supports commercial development in the Northtown area and supports the development request; however, the City of Blaine is recommending that a traffic study be prepared identifying additional traffic demands and possible road improvements that may be needed as a result of the development project. The City of Blaine is opposed to absorbing any possible road improvement costs associated with the Wal-Mart store project, and the cost to construct any necessary road improvements should have a fair share born by the developer. IIPON A VOICL VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECI,ARED THE MOTION CARRIED IINANIMOIISLY. �� Mr. Frank stated they were aware of this letter. PLANNING COMMISSION MEETING. JIILY 8, 1992 PAGE 18 � MOTION by Mr. Saba, seconded by Ms. Sherek, to close the public hearings. IIPON A VOICE VOTE, ALL VOTIN(3 AYE, CHAIRPERSON HETZOLD DECLARED THE MOTION CARRIED AND T8L PIIBLIC HEARINGS CLOSED AT 9:35 P.M. Ms. Modig stated the she is concerned about the overdevelopment of this general area, particularly the water runoff and the wetlands and their impact on the ATature Center. The layout of this proposal is much better than that proposed by First Western Development. It is a good plan, and the petitioner has answered a lot of her questions. However, she is also concerned about the developer having some accountability about the quality of the water before it flows into the Nature Center. Mr. Sielaff stated they should add a stipulation that the water quality needs to be monitored. Ms. Sherek agreed. She stated the water quality needs to be monitored on an ongoing basis, especially with the added number of cars. Mr. Kondrick stated his concerns have been addressed and he would be in favor of the project with the recommended stipulations and ,-� an additional safeguard that includes the monitoring of the water quality. He did not know how the Commission.can address the labor or wage problem. � Mr. Sielaff stated this proposal is certainly an improvement from the last proposal by First Western Development. The fact that the building is being constructed directly east of the Springbrook Apartments is a plus. He believed things can be worked out with the stipulations. Ms. Modig stated they should also address the height of the light poles. Mr. Kondrick stated he believed they should leave the stipulation in about the height of the light.poles. Let the developer prove to the City Council that 40 foot poles are necessary. Ms. Sherek stated the Commission has looked at a lot of proposals for this area, and this is the first one that has not proposed building to the max. She liked to see a proposal that isn't cramming every square inch of blacktop on to a piece of property, and there is also the wetland mitigation. Ms. Sherek stated that while she shares the concerns of the neighbors in the community regarding the issue of union labor, she ^ would like to take issue with the statement about Wal-Mart being a bad neighbor. Her family lives in the South, and Wal-Mart has been in the south for a long time. Wal-Mart has been a good PLANNING COAII�lI88ION MBETINa. JIILY 8, 1992 PAGE 19 neighbor and has not driven every other business out. That may have been experienced in certain small towns whose economy was marginal to begin with, but in areas with population densities much lower than Fridley's, there are still other businesses that thrive with Wal-Mart. She is in favor of this proposal. It is probably the best deal they will see for this site. Ms. Sherek stated this project is not downgrading an industrial property. This property has been zoned industrial for 40 years and it has not been developed during that time. If it has not been developed in 40 years and the industrial climate has been declining in this area, who would ever take the amount of mitigation that would need to be done in this area and develop it as industrial? Mr. Saba stated he is concerned about the lighting and he would be in favor of keeping the stipulation limiting the light poles to 30 feet. He would also like the Springbrook Nature Center Board to comment in writing on the wetland study that is to be completed by July 27, 1992. He is also in favor of a monitoring system for water quality. Mr. Saba stated that despite those concerns, he is in favor of the proposal. He believed this is'probably the best proposal they are going to get for this particular corner of the City. He agreed �.� with Ms . Sherek that Wal-Mart has been a good neighbor, and the reason Wal-Mart has grown is because they have been a good neighbor. Wal-Mart is a friendly and customer-oriented business. Mr. Kuechle stated he also supports the proposal. This proposal does maintain most of the wetland in that area, and that is certainly a big concern to the City. He also believed this is probably the best proposal they will get for this property, and he would vote in favor of the proposal. Mr. Sielaff stated he wanted to emphasize that Springbrook Nature Center is a great resource to the City of Fridley, and they need to do whatever they can to protect it. The monitoring is very important. Mr. Saba agreed. The City's concern about the Springbrook Nature Center has to come across very strongly to the Wal-Mart representatives at this meeting and to the entire Wal-Mart Corporation. The City does not want to do anything that will adversely impact the Nature Center. Mr. Betzold stated that, in fact, the City shares some responsi- bility for allowing a pr�ject to go into that area which has had an adverse impact on the Nature Center, even though at the time it seemed like a good project. Short of leaving the land undeveloped forever, there are not many options. The property will never be ''� developed residential, and he believed commercial is better than industrial. One large commercial property is also better than a PLANNING CO1+�IIUIIBBION MEBTING, JIILY 8, 1992 PAGE 20 %� lot of small commercial properties. In looking at those options, this is probably the best one. He agreed with staff that they should rezone the property away from industrial. He cannot see this property ever being developed as industrial. Mr. Betzold stated that regarding the issue of prevailing wage and labor concerns brought up at the meeting, those are very valid concerns. He feels very strongly that large corporations do have a duty and a responsibility to try to pay the best wages to the people in the area and to try to maintain those standards. One of the difficulties the Planning Commission has is that it is a quasi- judicial body. The Commission has to take the standards that have been previously determined and apply those to the situations that come before them. They cannot turn down a project or accept a project based on some of these outside considerations. It was good to hear the concerns expressed at the meeting, but he did not believe there was anything the Commission could do on those particular issues. The Commission members agreed to add the following stipulation as new stipulation #7: ��The petitioner shall work with the Spring- brook Nature Center Director to determine and implement, if necessary, water quality measurement standards." �.-� Ms. Sherek stated she would like to propose an additional stipulation on the special use permit: ��There shall be no outside storage of chemical fertilizers, pesticides, and herbicides." The reason for this stipulation.is that it is much easier to contain a spill on the floor inside the building than outside the building where the inclination is to take a hose and wash the spill away. It is very important when they are talking about the quality of the water as it flows into Springbrook Nature Center. She stated this stipulation should also be a standard in the future for any outside garden centers. Rezoninq Request MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City Council approval of Rezoning, ZOA #92-05, by Wal-Mart Stores, Inc., to rezone property from M-2, Heavy Industrial to C-2, General Business, on_the followinq described property: Parcel 1: That part of the North 32.12 acres of the North Half of the Northwest Quarter of Section 2, Township 30, Range 24, lying West of Highway 47 (University Avenue), according to the United States Government Survey and situate in Anoka County, Minnesota. This property is generally located at 85th and University Avenues. IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPER80N HETZOLD DECLARED ;� THE MOTION CARRIED IINANIMOIISLY. PLANNING COMMISSION MEETING. JIILY 8, 1992 PAGE 21 � Preliminary Plat Request MOTION by Mr. Kondrick, seconded by Mr. Modig, to recommend to City Council approval of Preliminary Plat, P.S. #92-05, by Wal-Mart Stores, Inc., to replat an area (Parcels 1-3) into one lot, generally located at 85th and University Avenues, with the following stipulationsc 1. Submit a bond in the amount of 3% of the construction value to insure installation of the outdoor improvements. 2. Underground irrigation shall be installed. 3. The petitioner shall install a six foot high screening fence along the common property line between the subject parcel and the apartment complex to the west. 4. The on-site wetland mitigation area shall be expanded to 2.67 acres to meet the 1:1 replacement required by the 1991 Wetland Conservation Act. 5. The petitioner shall provide information regarding permanent ground water level and flow to �taff and the Nature Center Board, and if construction on the subject � parcel shall have an adverse impact on the adjacent wetlands, the petitioner shall provide an appropriate design solution to correct such an adverse impact. 6. The petitioner shall execute and record against the property a maintenance agreement which states that Wal- Mart, Inc. shall be responsible for maintaining all detention and wetland areas on the subject parcel. 7. The petitioner sha11 work with the Springbrook Nature Center Director to determine and implement, if necessary, water quality measurement standardsa 8. The petitioner shall install baffle weirs on the. detention inlets in order to screen floatables from storm water entering the detention ponds. 9. A final drainage plan shall be submitted to and approved by staff prior to the issuance of a building permit. 10. A park dedication fee of $29,164.73 shall be paid prior to the issuance of a building permit. 11. The existing billboards on the site shall be removed prior to the issuance of a building permit. ^ 12. The light poles shall be reduced to 30 feet. � PLANNINa COMMI88ION MEETING. JIILY 8, 1992 PAGE 22 /`1 13. The petitioner shall comply with all Anoka County requirements for on-site construction of the intersection at County Road 132 (85th Avenue). IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED T8E MOTIOAT CARRIED IINANIMOIIBLY. Special use Permit Request MOTION by Ms. Sherek, seconded by Mr. Saba, to recommend to City Council approval of Special Use Permit, SP #92-07, by Wal-Mart 5tores, Inc., per Section 205.14.01.C.(13) of the Fridley City Code, to allow garden centers or nurseries which require outside display or storage Qf materials, generally located at 85th and University Avenues, with the following stipulationsa 1. Plat request, P.S. #92-05, shall be approved. 2. Bulk items shall be stored adjacent to the main building and screened from the public right-of-way. 3. There shall be no outside storage of chemical fertilizers, pesticides, and herbicidese �.-,� IIPON.A VOICE VOTE, ALL VOTING AYE, CSAIRPERSON BETZOLD DECLARED THL MOTION CARRIED ONANIMOIISLY. Ms. McPherson stated that on July 20, 1992, the City Council will establish the public hearings for August 3, 1992. 4. RECEIVE JUNE 16, 1992. ENVIRONMENTAL QUALITY & ENERGY COMMISSION MINUTES: MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the June 16, 1992, Environmental Quality & Energy Commission minutes. OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER30N BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. ADJOURNMENT° MOTION by Mr. Saba, seconded by Mr. Kondrick, to adjourn the meeting. 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