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PL 02/17/2010 - 29952PLANNING COMMISSION MEETING February 17, 2010 Chairperson Kondrick called the Planning Commission Meeting to order at 7:02 p.m. MEMBERS PRESENT: Leroy Oquist, David Kondrick, Dean Saba, Jack Velin, and Brad Sielaff MEMBERS ABSENT: Brad Dunham and Marcy Sibel OTHERS PRESENT: Stacy Stromberg, Planner Ian Belgarde, Springbrook Apartments Charles Howley, HTPO Justin Komanick, Wal-Mart Approval of Minutes: January 20, 2010 MOTION by Commissioner Oquist to approve the minutes as presented. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS l. Consideration of Preliminary Plat, PS #10-01, by Hansen Thorp Pellinen Olson, Inc., on behalf of Wal-Mart, to allow the creation of a new lot to be located on the north side of the subject property, legally described as Lot l, Block l, Wal-Mart in Fridley, generally located at 8450 University Avenue NE. 2. Consideration of a Special Use Permit, SP #10-02, by Hansen Thorp Pellinen Olson, Inc., on behalf of Wal-Mart, to allow the relocation of the existing garden center from the east side of the existing building to the northwest side of the building, legally described as Lot l, Block l, Wal-Mart in Fridley, generally located at 8450 University Avenue NE. MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:03 P.M. Stacy Stromberg, Planner, stated the petitioner, Mr. Charles Howley with Hansen Thorp Pellinen Olson, Inc., (HTPO, Inc.) who is representing Wal-Mart, is requesting a preliminary plat to create a new lot on the north side of the subject property which is located at 8450 University Avenue. Ms. Stromberg stated a special use permit is also being sought to allow the relocation of the garden center from the east side of the building to the north side of the building. The size of the garden center will be reduced from 11,221 square feet to 3,680 square feet. Ms. Stromberg stated the subject property is zoned G2, General Business, as are the properties to the north and south. Springbrook Apartments is located to the west and University Avenue is located to the east. The property is located south of 85t'' Avenue, along the University Avenue Service Road. The subject property was platted in 1992 and as a result the existing Wal-Mart was constructed. A special use permit was also issued in 1992, to allow the construction of a garden center. Special use permits were issued in 1994 and 1999 to allow an expansion of the garden center. Ms. Stromberg stated HTPO, Inc. is seeking to replat the subject property to allow for the creation of a new lot along the north side of the property. The proposed replat will consist of two lots; Lot 1, Block 1 and Outlot A, Wal-Mart in Fridley 2"d Addition. Proposed Lot 1 will be 838,893 square feet or 19.25 acres in size and Outlot A will be 59,276 square feet or 1.36 acres in size. The G2, General Business zoning district requires a minimum lot area of 20,000, which both lots will meet. City staff will stipulate that the Outlot A receive access from the existing Wal-Mart access point and will require that a shared parking easement be established between the two properties. Ms. Stromberg stated Garden Centers and nurseries are a permitted special use in a G2, General Business zoning district, subject to stipulations. Ms. Stromberg stated as indicated above, the subject property currently has a special use permit for a garden center. Any modification to the garden center requires Planning Commission review and City Council approval. The petitioner is proposing to relocate the existing garden center from the east side of the building to the north side of the building. Along with the relocation, the garden center will be reduced from 11,221 square feet to 3,680 square feet. Ms. Stromberg stated relocating the garden center on the site is just a portion of the work proposed on the subject property. The entire store will be remodeled by adding two receiving dock doors on the south side of the building, relocating the entrance vestibule, branding the front elevation, adding a grocery component, and reconstructing areas of the site immediately adjacent to the building. A 456 square foot addition will be constructed to the vestibule area that will bring the total square footage of the building to 121,191 square feet. Ms. Stromberg stated the remodel will also allow Wal-Mart a chance to make some other improvements to the site. Those include reconstructing the front drive aisle access point with the University Avenue Service Drive entrance, adding a sidewalk along the west side of the University Avenue Service Drive to connect to the sidewalk at Banfill Crossings, adding a crosswalk connection to the existing bituminous trails on the east side of the University Avenue Service Drive, removing excess parking on the north side of the property to create an outlot for future development, and installing new landscaped islands in the parking lot. Ms. Stromberg stated City code requires the Wal-Mart building with the proposed 456 square foot addition to have 553 parking stalls. The current site has 741 parking stalls. With the creation of the new outlot and the some new landscaped islands, the subject property will have 576 parking stalls which is still above what code would require. Ms. Stromberg stated the proposed relocation of the garden center and building expansion meets lot coverage and setback requirements. The new garden center will be constructed using decorative block and wrought iron fence. The decorative block will be painted as will the rest of the building. Ms. Stromberg stated City code requires that a five (5) foot sidewalk easement be provided along all property lines when a commercial property is adjacent to a public right-of-way or across from residential. The Council may allow the petitioner to delay installation of the sidewalk if the petitioner signs an agreement that it will be constructed when the City requires the installation. Since the staff report was written, the petitioner and staff have discussed construction of the sidewalk and determined that instead of 2 requiring the side walk easement, the petitioner will instead construct a 6 ft. sidewalk along the University Avenue Service Drive to 85t'' Avenue that is within the public right-of-way. Staff will stipulate that the sidewalk be installed by September 2011. Ms. Stromberg stated that City Staff received an e-mail from the owners of Banfill Crossings today with two concerns about the project. The first concern was related to the potential of additional noise that may be created by the construction of two additional dock doors on the south side of the building and we asking if the City could restrict the hours of delivers. The City's response to that is that a store like Wal- Mart or a grocery store is permitted by right in the G2 zoning district. The garden center is what requires the petitioner to get a special use permit. As a result, the City isn't able to restrict hours of delivery, nor have we done that to any other businesses permitted by right. The second concern that Banfill had was related to a vision safety issue coming out of their garage as a result of Wal-Mart's landscaping. Staff and the petitioner went to the site today to assess the issue and discovered that this is at least one tree that is causing a vision safety issue that will need to be removed. The petitioner has agreed to remove the trees necessary to resolve this issue and staff will work with them to ensure that it happens. Ms. Stromberg stated City Staff recommends approval of the preliminary plat request, with stipulations as the proposed lots meet minimum standards. Ms. Stromberg stated City Staff recommends approval of this special use permit, with stipulations as a Garden Center or Nurseries are a permitted special use in the G2, General Business zoning district, subject to stipulations. Ms. Stromberg stated staff recommends that if the preliminary plat and special use permit are granted, the following stipulations be attached: 1. A shared access agreement using Wal-Mart's existing access points shall be established and filed at Anoka County between Wal-Mart and Outlot A upon final plat approval. 2. Cross parking agreements shall be established and filed between Wal-Mart and Outlot A upon final plat approval. 3. The petitioner or applicant shall pay park dedication fee for Outlot A of $1,363.35 upon issuance of a building permit for a building for Outlot A. 4. The petitioner shall obtain all necessary permits prior to construction. 5. The proposed building shall meet all building, fire, and ADA requirements. 6. South side of building shall be painted using more than one color to break up the building and make it more compatible with the north side. 7. Garden Center materials shall be stored inside a permanent structure, attached to and architecturally compatible with the principal structure. 8. Products containing chemical fertilizers, pesticides, or herbicides must be stored in a roofed and contained area where water runoff cannot reach the exterior landscape or storm sewer. 9. Floor drainage for garden center/nursery must protect storm and ground water sources by following Stormwater Best Management Practices (BMP's), including a stormwater pollution prevention plan. 10. No merchandise can be sold or displayed outside the garden center walls. 11. No off-season storage can occur in the outdoor sale area unless specified in the special use permit. 12. No intercom system shall be used in the garden center area if site is directly adjacent to residentially zoned property. 13. Creation of the garden center shall not disrupt safe traffic flow through the site. 14. The petitioner shall install a screening wall at the SE corner of the building, 45 feet in length. Screening walls shall be architecturally compatible with the principal building. 15. There shall be no storage of semi-trailers in the south concrete truck turnaround area. 16. The petitioner shall construct a 6-foot sidewalk against the back of the curb along the University Avenue Service Drive to 85t'' Avenue. Design shall be reviewed by the City's engineering staff and installed by September 2011. 17. City Engineering staff to review and approve grading and drainage plan prior to issuance of a building permit. 18. Applicant shall submit the SWPPP to the City of Fridley for review and approval, which shall include BMP details. Approval to be prior to construction commencement. 19. The south and west stormwater detention areas shall be surveyed to determine whether their capacity allows performance of the stormwater management system as designed. Analysis to be provided to City of Fridley for approval. Work to restore capacity to initial development plans will be incorporated into construction, as needed. 20. Provide details and calculations for external grease trap to be approved by City of Fridley Engineering. Approval to be prior to construction commencement. Ms. Stromberg stated in the Commission's packet there were 21 stipulations. There were two stipulations related to the grease trap so one of those was removed. Commissioner Velin asked who will be removing the tree at Banfill Crossing? Ms. Stromberg replied, Wal-Mart. It is on Wal-Mart's property. Commissioner Saba asked about having an intercom system. He thought they were obsolete. The garden center will be right next to the Springbrook Nature Center. Ms. Stromberg replied that language comes right out of the Code. Several of the stipulations come right out of the Code regarding garden centers. Commissioner Kondrick asked the petitioner whether they are in agreement with the stipulations? Charles Howley, civil engineering consultant for HTPO, stated absolutely. They received them last Friday and have reviewed them. One of the stipulations was revised regarding the sidewalk and they are in agreement. Ken Belgarde, Springbrook Apartments, stated he is part owner of the apartments. Two of their properties are next to a Wal-Mart. One issue he has is that Wal-Mart generates a lot of trash. Wal-Mart's housekeeping is a little lacking sometimes and there is trash and papers blowing around. At the Fridley location they have their garages lined up. Between the garages and the property line there is a walking path. Their residents are walking down the path and seeing a lot of trash, some is theirs but a large share is Wal-Mart's. With moving the garden center from the east to the north and being closer to them, he is a little concerned about their cleaning. One thing that would help is if Wal-Mart put their fence all the way down to the ground. He talked to their resident manager who stated she tried to work with the store manager and sometimes they cooperate and sometimes they do not. Justin Komanick, Wal-Mart Store Manager, stated the concerns have been brought up before and last year they actually did lower the fence. Hopefully this spring with the thaw there will be less trash. They do pick up the trash on a weekly basis. Mr. Howley stated that change in the garden center location should actually change the amount of trash that blows over to the apartments, because the main entrance to the building will be moved over to the east. 0 Commissioner Sielaff asked in the event there are issues is there an ordinance regarding compliance? Ms. Stromberg replied, of course and that is something we would enforce and talk with Wal-Mart about. MOTION by Commissioner Sielaff receiving a February 10, 2010 e-mail from Jay Portz of J.A. Wedum Foundation. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:27 P.M. Commissioner Oquist stated he had no problem with this. The stipulations seem to cover everything. It will be nice to have the sidewalk. Also, they are actually decreasing the size of the garden center. Chairperson Kondrick stated he does not have a problem with it either. Commissioner Oquist asked what is going to happen with the existing garden center space? Mr. Howley replied, they will be taking that out and putting in some compressors for the groceries. MOTION by Commissioner Oquist approving Consideration of Preliminary Plat, PS #10-01, by Hansen Thorp Pellinen Olson, Inc., on behalf of Wal-Mart, to allow the creation of a new lot to be located on the north side of the subject property, legally described as Lot 1, Block 1, Wal-Mart in Fridley, generally located at 8450 University Avenue NE with the following stipulations: 1. A shared access agreement using Wal-Mart's existing access points shall be established and filed at Anoka County between Wal-Mart and Outlot A upon final plat approval. 2. Cross parking agreements shall be established and filed between Wal-Mart and Outlot A upon final plat approval. 3. The petitioner or applicant shall pay park dedication fee for Outlot A of $1,363.35 upon issuance of a building permit for a building for Outlot A. 4. The petitioner shall obtain all necessary permits prior to construction. 5. The proposed building shall meet all building, fire, and ADA requirements. 6. South side of building shall be painted using more than one color to break up the building and make it more compatible with the north side. 7. Garden Center materials shall be stored inside a permanent structure, attached to and architecturally compatible with the principal structure. 8. Products containing chemical fertilizers, pesticides, or herbicides must be stored in a roofed and contained area where water runoff cannot reach the exterior landscape or storm sewer. 9. Floor drainage for garden center/nursery must protect storm and ground water sources by following Stormwater Best Management Practices (BMP's), including a stormwater pollution prevention plan. 10. No merchandise can be sold or displayed outside the garden center walls. 11. No off-season storage can occur in the outdoor sale area unless specified in the special use permit. 12. No intercom system shall be used in the garden center area if site is directly adjacent to residentially zoned property. 13. Creation of the garden center shall not disrupt safe traffic flow through the site. 14. The petitioner shall install a screening wall at the SE corner of the building, 45 feet in length. Screening walls shall be architecturally compatible with the principal building. 15. There shall be no storage of semi-trailers in the south concrete truck turnaround area. 16. The petitioner shall construct a 6-foot sidewalk against the back of the curb along the University Avenue Service Drive to 85t'' Avenue. Design shall be reviewed by the City's engineering staff and installed by September 2011. 17. City Engineering staff to review and approve grading and drainage plan prior to issuance of a building permit. 18. Applicant shall submit the SWPPP to the City of Fridley for review and approval, which shall include BMP details. Approval to be prior to construction commencement. 19. The south and west stormwater detention areas shall be surveyed to determine whether their capacity allows performance of the stormwater management system as designed. Analysis to be provided to City of Fridley for approval. Work to restore capacity to initial development plans will be incorporated into construction, as needed. 20. Provide details and calculations for external grease trap to be approved by City of Fridley Engineering. Approval to be prior to construction commencement. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Commissioner Oquist approving Special Use Permit, SP # 10-02, by Hansen Thorp Pellinen Olson, Inc., on behalf of Wal-Mart, to allow the relocation of the existing garden center from the east side of the existing building to the northwest side of the building, legally described as Lot 1, Block 1, Wal- Mart in Fridley, generally located at 8450 University Avenue NE with the following stipulations: 1. A shared access agreement using Wal-Mart's existing access points shall be established and filed at Anoka County between Wal-Mart and Outlot A upon final plat approval. 2. Cross parking agreements shall be established and filed between Wal-Mart and Outlot A upon final plat approval. 3. The petitioner or applicant shall pay park dedication fee for Outlot A of $1,363.35 upon issuance of a building permit for a building for Outlot A. 4. The petitioner shall obtain all necessary permits prior to construction. 5. The proposed building shall meet all building, fire, and ADA requirements. 6. South side of building shall be painted using more than one color to break up the building and make it more compatible with the north side. 7. Garden Center materials shall be stored inside a permanent structure, attached to and architecturally compatible with the principal structure. 8. Products containing chemical fertilizers, pesticides, or herbicides must be stored in a roofed and contained area where water runoff cannot reach the exterior landscape or storm sewer. a. Floor drainage for garden center/nursery must protect storm and ground water sources by following Stormwater Best Management Practices (BMP's), including a stormwater pollution prevention plan. 10. No merchandise can be sold or displayed outside the garden center walls. 11. No off-season storage can occur in the outdoor sale area unless specified in the special use permit. � 12. No intercom system shall be used in the garden center area if site is directly adjacent to residentially zoned property. 13. Creation of the garden center shall not disrupt safe traffic flow through the site. 14. The petitioner shall install a screening wall at the SE corner of the building, 45 feet in length. Screening walls shall be architecturally compatible with the principal building. 15. There shall be no storage of semi-trailers in the south concrete truck turnaround area. 16. The petitioner shall construct a 6-foot sidewalk against the back of the curb along the University Avenue Service Drive to 85t'' Avenue. Design shall be reviewed by the City's engineering staff and installed by September 2011. 17. City Engineering staff to review and approve grading and drainage plan prior to issuance of a building permit. 18. Applicant shall submit the SWPPP to the City of Fridley for review and approval, which shall include BMP details. Approval to be prior to construction commencement. 19. The south and west stormwater detention areas shall be surveyed to determine whether their capacity allows performance of the stormwater management system as designed. Analysis to be provided to City of Fridley for approval. Work to restore capacity to initial development plans will be incorporated into construction, as needed. 20. Provide details and calculations for external grease trap to be approved by City of Fridley Engineering. Approval to be prior to construction commencement. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Receive the Minutes of the January 7, 2010, Housing and Redevelopment Authority Commission Meeting. MOTION by Commissioner Saba to receive the Minutes. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive the Minutes of the December 7, 2009, Parks & Recreation Commission Meeting. MOTION by Commissioner Saba to receive the Minutes. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Receive the Minutes of the January 4, 2010, Parks & Recreation Commission Meeting. MOTION by Commissioner Saba to receive the Minutes. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated the ne�t meeting will be on March 17, 2010. 7 ADJOURN MOTION by Commissioner Saba adjourning the meeting. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:34 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary