ITEM: 11.1 A DEVELOPMENT BUSINESS - Bryan K. Schafer, Planning and Community Development Director
Title
GRANTING PRELIMINARY PLAT APPROVAL TO SUBDIVIDE 39.13 ACRES INTO ONE LOT AND TWO OUTLOTS TO BE KNOWN AS BALL ROAD ADDITION AT 4369 BALL ROAD NE. WAL-MART (CASE FILE NO. 13-0067/LSJ)
Schedule of Actions
Planning Commission (Public Hearing) |
12/10/13 |
City Council (Tabled) |
01/16/14 |
City Council (Plat, CUP) |
02/13/14 |
Action Deadline (Extended by City) |
03/02/14 |
Planning Commission
The Planning Commission voted unanimously to approve the preliminary plat. Comments received from residents are attached to this report. Many spoke at the public hearing with concerns about neighborhood traffic, safety and noise.
Background
This request for subdivision was initially presented at the January 16, 2014 City Council meeting. After significant discussion and testimony the City Council outlined a number of issues that they would like to see answered or addressed as part of this item's consideration. Those issues and responses are summarized in an attached staff memo.
Walmart is proposing to relocate their existing store in the Village of Blaine to a piece of land on the southeast corner of I-35W and Lexington Avenue. The reason for the move is due to the fact that the existing Walmart in the Village of Blaine is not allowed to establish full grocery sales at the current location because of language that was written into their initial purchase of that property. Walmart believes they could be successful selling groceries in this area and is proposing the move to stay competitive with other full grocery retailers.
The piece of land that Walmart is proposing to develop is 39.13 acres in size. The site has a current zoning of PBD (Planned Business District) and a land use of PC (Planned Commercial). The retail store is an allowed conditional use in the PBD zoning district (all uses are conditional in this district) and is allowed under the current PC land use.
There are several procedural actions that require Planning Commission and City Council review before Walmart can obtain a building permit for the facility. The actions included in this application include a preliminary plat and a conditional use permit. The land will also require a Final Plat to be reviewed by the City Council as well at a later date.
An EAW (Environmental Assessment Worksheet) was prepared, reviewed and processed for development of this site and Ball Road improvements earlier this year. The EAW was discretionary and was initiated by Walmart to help determine if the project would have any significant environmental impacts. The result of the EAW study determined that there would not be any project related impacts that could not be managed or mitigated. The EAW is also a valuable tool as it is used to help guide the site planning and engineering process.
Preliminary Plat
The preliminary plat consists of one lot and two outlots. The parcel on which Walmart would be located would be platted as Lot 1. Lot 1 is 27.18 acres. The two outlots would remain under the ownership of the current site owner and would be later replatted for future retail lots. The main entrance to the Walmart site would be located between the two outlots, with a second site access on the east side of Lot 1 that would service the rear of the Walmart building.
Park dedication will need to be paid on the one lot being platted at this time. The 2014 park dedication rate for commercial property is $8,289 per acre. The calculated upland portion of Lot 1 is 24.62 acres for a total park dedication fee of $204,075. This fee must be paid prior to release of the mylars by the City for recording purposes at Anoka County. Park dedication will be required on the outlots when they are re-platted and developed.
There are many significant changes that need to be made to the site and the ditch alignment to accommodate accesses and drainage. The applicant has made several pre-applications with the Rice Creek Watershed District for this site plan review and comment. They are now ready to make formal application.
The Developer's consultant engineer, Spack Consulting, conducted a traffic study dated October 12, 2011 to determine the proposed development impact to the surrounding roadway network. The study was reviewed by the Minnesota Department of Transportation, Anoka County Highway Department and the City of Blaine. At request of the reviewing agencies additional analysis was submitted on December 23, 2011 and a technical memorandum on February 8, 2012. After the February 8, 2012 Technical Memorandum, the site plan changed the size of the Walmart requiring an update to the traffic study which was submitted with the Technical Memorandum dated October 31, 2012. The findings of the traffic study were the need to mitigate the impacts by an increase to the right turn lane length on the I-35W off ramp, add a second left turn lane to Lexington Avenue at Ball Road, the addition of a right turn lane on Ball Road at Lexington Avenue with the addition of turn lane lengths, and an intersection improvement at Hupp Street and the proposed entrance to the development. The developer will be responsible for constructing these improvements on I-35W off ramp, Lexington Avenue, and Ball Road. This includes, but not limited to, intersection improvements, traffic signal modifications, roadway widening, warning siren relocation, and pedestrian movement improvements. All Ball Road design elements are subject to the review and approval of the City.
Deferred assessments become due with the recording of this plat for the water lateral and trunk sanitary sewer. The remaining portion of lateral water is 755 feet at a 2013 rate of $52.53 per foot for a total water charge of $39,660.15. The remaining portion of trunk sanitary sewer is 3.13 acres at the 2013 rate of $2,701 per acre for a trunk charge of $8,454.13 and will also become due with the platting of this parcel. The total charge of $48,114.28 must be made prior to release of the final plat mylars for recording at Anoka County.
Recommendation
By motion, approve the Resolution.
Attachments
Issue and Response Memo (01/25/14)
Zoning and Location Map
Preliminary Plat
Master Development Site Plan
Wal-Mart Site Plan
Color Site Plan
Grading Plan (2)
Construction Details (Fencing)
Landscape Plan (4)
Tree Preservation Plan (2)
Photometric Plan
Color Elevations
Colored Perspectives (2)
Floor Plan
Written Public Comments
Synopsis of Written Comments from Neighborhood Meeting on 12/03/13
Minutes from December 10th Planning Commission Meeting
Body
WHEREAS, an application has been filed by Wal-Mart as subdivision Case File No. 13-0067, and
WHEREAS, said case involves the division of land described as follows:
PARCEL 1
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 31, RANGE 23, ANOKA COUNTY, MINNESOTA, EXCEPT THE SOUTH 340 FEET OF THE WEST 500 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24. ALSO EXCEPT THAT PART THEREOF TAKEN FOR INTERSTATE HIGHWAY NO. 35W AS SHOWN ON FINAL CERTIFICATE AS RECORDED IN BOOK "1023", PAGE 18. ALSO EXCEPT THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, INCLUDED IN THE PLAT OF BELMONT ACRES.
PARCEL 2
THAT PART OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 24, TOWNSHIP 31, RANGE 23, ANOKA COUNTY, MINNESOTA, LYING WEST OF THE EAST 556.2 FEET OF SAID NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND NORTHWESTERLY OF THE CENTERLINE OF THE PERMANENT EASEMENT FOR STREET PURPOSES OVER PARCEL NO. 6 AS DESCRIBED IN FINAL CERTIFICATE, REGISTRAR OF TITLES DOCUMENT NO. 96668.
PARCEL 3
THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 31, RANGE 23, ANOKA COUNTY, MINNESOTA, LYING SOUTHEASTERLY OF THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF INTERSTATE NO. 35W AS MONUMENTED.
WHEREAS, the Blaine Planning Commission has reviewed said case file on December 10, 2013; and
WHEREAS, the Blaine Planning Commission has recommended subdivision Case File No. 13-0067 be approved subject to certain stipulations; and
WHEREAS, the Blaine City Council has reviewed said case file on January
16, 2014 and February 13, 2014.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that preliminary plat approval per Section 74-42 (3)(C)(1) of the subdivision regulations is hereby granted to Wal-Mart permitting preparation of a final plat for approval per Section 74-43 subject to the following conditions:
1. Park dedication will need to be paid on the one lot being platted at this time. The 2014 park dedication rate for commercial property is $8,289 per acre. The calculated upland portion of Lot 1 is 24.62 acres for a total park dedication fee of $204,075. This fee must be paid prior to release of the mylars by the City for recording purposes at Anoka County. Park dedication will be required on the commercial outlots when they are re-platted and developed in the future.
2. Water and sewer availability charges (WAC and SAC) become due with building permit.
3. National Pollutant Discharge Elimination System (NPDES) Phase II Construction Activity Permit is required from the MN Pollution Control Agency. Building permit will not be issued until a copy of the permit application is sent to the City.
4. Site plan approval is required prior to any work being preformed on site and prior to issuance of building permit.
5. Rice Creek Watershed District must approve a permit for work to be done on site prior to issuance of site plan approval and building permits.
6. Infiltration practices shall be used wherever possible.
7. 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 final alignment and right-of-way requirements, are subject to the review and approval of the City.
8. Applicant to obtain MnDOT and ACHD permits that will be required for the work on Lexington Avenue and 35W ramp.
9. Deferred assessments become due in the amount of $48,114.28 for this plat. This payment is required to be paid prior to release of the final plat mylars for recording at Anoka County.
10. Execution and recording of a Development Agreement between the developer and City to address the off-site roadway improvements.
PASSED by City Council of the City of Blaine this 13th day of February 2014.