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GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR CONSTRUCTION OF A 183,072 SQUARE FOOT WAL-MART STORE IN A PBD (PLANNED BUSINESS DISTRICT) ZONING DISTRICT AND FOR LIGHT POLE HEIGHTS EXCEEDING 20 FEET AND WITH A MAXIMUM HEIGHT OF 38 FEET AT 4369 BALL ROAD NE. WAL-MART. (CASE FILE NO. 13-0067/LSJ)
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WHEREAS, an application has been filed by Wal-Mart as Conditional Use Permit Case File No. 13-0067; and
WHEREAS, a public hearing has been held by the Blaine Planning Commission on December 10, 2013; and
WHEREAS, the Blaine Planning Commission voted unanimously to pass the conditional use permit onto the City Council without recommendation; and
WHEREAS, the Blaine City Council has reviewed said case on January 16, 2014 and February 13, 2014; and
WHEREAS, the Blaine City Council finds that the application for conditional use permit is generally consistent with the City's adopted Comprehensive Plan and the City's Zoning Ordinances, specifically with conditions 1-8 of Zoning Section 27.04 (a).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a Conditional Use Permit is hereby approved per Section 31.30 of the Zoning Ordinance to allow for construction of a 183,072 square foot Wal-Mart store in a PBD (Planned Business District) zoning district and for light pole heights exceeding 20 feet and with a maximum height of 38 feet at 4369 Ball Road NE based on the following conditions:
1. The site and building must be constructed according to the plans submitted for the conditional use permit review, and according to any required conditions approved by the City Council.
2. Light pole heights (main parking area only) are allowed to be no greater than 38 feet in height. Lighting installation to be based on specific LED lighting plan with fixture detail than can be shielded if necessary.
3. Signage to be issued under a separate permit. Freestanding signage for Lot 1 limited to two signs placed towards Lexington Avenue and Interstate 35W. No business signage for the Wal-Mart site is permitted along Ball Road except for directional signage per Zoning Section 34.06 (b)
4. The parking setback along the north parking lot line shall be 50 feet.
5. The landscape plan provides the correct number of trees with 138 overstory, conifer and ornamental tree plantings. The landscape plan will need to be modified however to include that 25% of the landscaping must be oversized according to the Highway 65 Overlay District requirements. Overstory trees must be oversized to 3 inch caliper and conifer trees must be oversized to 8 feet in height. Oversizing is not recommended for ornamental trees. In addition standard tree size requirement for ornamental trees is 2 inch caliper. The landscape plan must be revised during the site plan approval process to meet requirements. The plans must also state that underground irrigation will be provided on site.
6. An 8-foot solid board fence is required to screen the truck turn around area in the rear of the building. This 8-foot board fence must also be extended along the east side of the rear drive to within 50-feet of Ball Road to provide additional security and help keep trash or litter from blowing off-site.
7. If parking needs ever exceed the number of parking spaces provided, the applicant will be required to install the additional spaces shown as proof of parking.
8. The drive aisle on the north east side of the site will either need to be moved to meet the required parking setback in this area or the plat should be modified so Outlot A does not encroach on the driveway.
9. There shall be no outdoor storage or display of product at any time on site, and this includes the areas on the sidewalk in front of the building, and next to the garden center. Carts shall not be stored outside at any time other than in the cart corrals provided in the parking lot.
10. Walmart shall direct all delivery vehicles to use Ball Road and Lexington Ave. for ingress and egress and to not utilize local streets to the east or south of the site.
11. No overnight camping including RV's, semi tractors or other vehicles is allowed on site.
12. Use of semi trailers for temporary or seasonal product storage is not permitted.
13. Separate building permits must be obtained prior to installation of any fencing on site.
14. When the outlots are developed in the future a shared access agreement will need to be put into place as the two outlots will use the main access to the Walmart site.
15. Per the Community Standards Director (Fire) three additional fire hydrants will be required. One additional along the front of the building and two additional along the rear drive of the building. Hydrants shall be spaced approximately 300 feet apart along both the front and rear of the store.
16. The development is responsible for construction of Interstate Highway 35 off ramp, Lexington Avenue (CSAH 17), and Ball Road improvements that have been identified in the 2013 EAW and associated with this development. This includes, but is not limited to, intersection improvements, traffic signal modifications, roadway widening, warning siren relocation, and pedestrian movement improvements. All Ball Road design elements, including roadway alignment and right-of-way requirements, are subject to the review and approval of the City.
PASSED by the City Council of the City of Blaine this 13th day of February 2014.