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RES 2010-19 - 14687RESOLUTION NO. 2010 - 19 A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 10 -02 FOR WAL -MART, GENERALLY LOCATED AT 8450 UNIVERSITY AVENUE NE WHEREAS, Section 205.14.01.C.13 of Fridley City Code allows garden centers or nurseries in an C -2, General Business zoning district by a special use permit if certain conditions can be met; and WHEREAS, on February 17, 2010, the Fridley Planning Commission held a public hearing to consider a request by Hansen Thorp Pellinen Olson, Inc., on behalf of Wal -Mart, for the property generally located at 8450 University Avenue NE in Fridley, legally described as Lot 1, Block 1, Wal -Mart in Fridley, for a Special Use Permit SP# 10 -02 to allow for the relocation of the garden center; and WHEREAS, on March 8, 2010, the Fridley City Council approved the stipulations represented in Exhibit A to this resolution as the conditions approved by the City Council on Special Use Permit SP# 10 -02; and WHEREAS, the petitioner, was presented with Exhibit A, the stipulations for SP# 10 -02, at the March 8, 2010 City Council meeting; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the Special Use Permit SP# 10 -02 and stipulations represented in Exhibit A are hereby adopted by City Council of the City of Fridley. ATTEST: DEBRA SKOGEN ITY CLERK Resolution No. 2010 -19 EXHIBIT A Page 2 SP# 10 -02 Special Use Permit for a Garden Center Relocation HTPO, Inc., on behalf of Wal -Mart, Generally located at 8450 University Avenue NE, Fridley, MN 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. 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 ft. 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 ft. sidewalk against the back of the curb along the University Avenue Service Drive to 85th 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.