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06-508Council N�le # 06-508 Green Sheet # 3030885 RESOLUTION CITY OF SAINT PAUL, M Presented By 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 WHEREAS, Target Coiporation (hereinafter, "Tazget") made application to the Saint Paul Planing Commission (hereinafter, the "Commission") for the following zoning approvals pursuant to the Saint Paul Legislative Code: a Variance of the required off-street parking requirements (820 required, 640 requested, Zoning File No.06-046-997, Leg. Code § 61.601); and Site Plan approval (Zoning File No. 06-018-065, Leg. Code § 61.402(c)), for the purpose of constructing a new "SuperTazgeP'on property commonly known as 1300 University Ave W and legally described as set forth in the application contained in Zoning File No. 06-046-997; and WHEREAS, the Commission's Zoning Committee, duly conducted a public hearing on the variance and site plan applications on Mazch 16, 2006, at which all persons present were given an opportunity to be heazd in accordance with the requirements of I.eg. Code § 61.303 and, at the close of the public hearing moved to recommend the approval of the said applications subject to certain conditions; and WIIEREAS, The Commission, on March 24, 2006, based upon all the evidence presented to the Zoning Committee as substantially reflected in the Commission's minutes and files, moved to approve the said site plan application, subject to specified conditions, based upon the following findings required under L,eg. Code §61.402(c) as set forth in Planning Commission Resolution No. 06-34: 1. The City's adopted comprehensive plan and development or project plans for sub-areas of the city. The site plan is consistent with tbis finding. The Comprehensive Plan calls for development along University Avenue that is dense and pedestrian friendly. The Land Use Chapter of the Comprehensive Plan say that "Future redevelopment planning and efforts to redesign University Avenue itself should find ways to make the auto-oriented regional shopping work for pedestrians." (Section 6.3.3) The site plan shows outlots along University Avenue with buildings up to the street and parking behind. Target is not developing the outlots now and the plans are intended to show a development concept rather than be an exact proposal of what will go there. Tazget is not seeking site plan approval for the building shown on the outlots at tlus time and the outlots will require a separate site plan review later. However, Tazget has requested the part of the outlots be landscaped and paved and that an underground storm water retention system be built on the outlots at this time. Doing these improvements now, before a separate site plan review is done for the outlots would not be consistent with the Comprehensive Plan since it could limit where development could go. �s�-zc-oc 2 2. Applicable ordinances of the City of Saint Paul. OC� -SD� 3 The site plan is consistent with all applicable ordinances if a variance is 4 approved to reduce the off-street pazking requirement from 820 spaces to 5 640 spaces. The site plan complies with all other applicable ordinances, 6 including setbacks, lot coverage and building height. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 3. Preservation of unique geologic, geographic or historically signifzcant characteristics of the city and environmentally sensitive areas. The site plan is consistent with this finding. The site has no unique geologic, geographic or historically significant characteristics and it is not located in an environmentally sensitive azea. 4. Protection of adjacent and neighboring properties through reasonable provision for such matters as surface water drainage, sound and sign buffers, preservation of views, light and air, and those aspects of design which may have substantial effects on rzeighboring Zand uses. The site plan is consistent wlth this finding. Drainage issues have been addressed and sufficient landscaping to act as buffers is proposed. The project will not impact view, light or air for neighboring properties. 5. � 772e arrangement of buildings, uses and facilities of the proposed development in order to assure abutting property andlor its occupants will nat be unreasonably affected. The site plan is consistent with this finding. The arrangement of the building, pazking lot and outlots will not unreasonably affect abutting property. Creation of energy-conserving design through landscaping and location, orientation and elevation of structures. The site plan is consistent with this finding. Creating the outlots to allow smaller buildings along University will help to increase density and make the area more pedestrian fiiendly. This will promote energy conservation by encouraging people to use walk and mass transit instead of driving. Safety and convenience of both vehicular and pedestrian traffic both within the site and in relation to access streets, including traffic circulation features, the locations and design of entrances and exits and parking areas within the site. The location of the existing driveways that serve Target will not change. However, Public Works has asked Target to submit additional information on whether the project will significantly change the amount of traffic generated. Public Works also told Target that the azea at the southeast corner of the building where trucks will make deliveries must be changes to eliminate some potentiai traffic safety issues. Target is working on redesigning this area. ���� t^ 10 11 12 13 14 15 lb 17 18 19 20 21 �2 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 E� '� f� 11. If the information is acceptabie to Public Works and the delivery area is changed, the site plan will be consistent with this finding. The sarisfactory availability and capacity of storm and sanitary sewers, including solutions to any drainage problems in the area of the development. The plan is consistent with this finding. The plan provides for underground storage of storm water to meet City regulations for controlling run off. Sufficient landscaping, fences, walds and parking necessary to meet the above objectives. The site plan is consistent with this finding. It will provide more green space than required by the zoning code. The landscaped areas will be irrigated. The landscaped areas aze larger than what has been provided in other large commercial developments to give plans mare room to survive in harsh pazking lot conditions. �� ��� Site accessibility in accordance with the provisions of the American Disabilities Act (ADA), including parking spaces, passenger loading Zones and accessible routes. The site plan is consistent with this finding, including accessible pazking spaces and accessible routes to the building. Provision for erosion and sedinzent control as specifzed in the "Ramsey Erosion 5ediment and Control Handbook. The site plan is consistent with this finding and calls for adequate measures to control erosion and sediment during construction. WHEREAS, the said site plan was approved subject to the following conditions as set forth in Planning Commission Resolution No. 06-34: 1. A variance must be approved to reduce the amount of off-street pazking being provided. 2. Tazget must submit traffic informafion that has been requested by Public Works and Public Works must find that the site plan adequately addresses traffic issues. In addition, the delivery area must be redesigned to address traffic safety issues raised by Public Works. 3. The paving, landscaping and underground storm water retenrion system shown for the outlots aze not approved as part of this site plan. Until a site plan for the outlots is approved, development of the outlots must be limited to grading, stubbing in sewer and water lines to the edge of the outlots and planting grass or other interim landscaping. 4. The applicant must work with the staff to explore options for animaUng the sides of the building facing Hamline and Syndicate including the treatment of the building facade (including windows and architectural � c 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 detailing) and the design of the setback between the public sidewalk and ����� the building (including planting and architectural elements such as trellises). VJHEREA5, The Commission, on March 24, 2006, based upon all the evidence presented to the Zoning Committee as substantially reflected in the Commission's minutes and files, further moved to approve the said variance application, subject to specified conditions, based upon the foliowing findings required under L,eg. Code §61.601 as set forth in Planning Commission Resolution No. 06-33: The property in question cannot be put to a reasonable use under the strict provisions of the code. The City wants to increase the density of development along University Avenue. In keeping with this, Target is proposing to use 3.2 acres of the parce] to create outlots that can be developed to increase density along University Avenue instead of using it to provide more parking. 2. The plight of the land owner is due to circumstances unique to this property, and these circumstances were not created by the owner. The property is located in an area where the City wants to increase density and make commercial development more pedestrian friendly. This was not created by the applicant. 3. The proposed variance is in keeping with the spirit and intent of the code, and is consistent with the health, safety, comfort, morals and welfare of the inhabitants of the City of Saint Paul. The proposed variance is in keeping with the spirit and intent of the code to provide adequate off-sueet parking. With the variance, the new Super Target would provide 640 spaces for 186,000 square feet of building area (one parking space for every 295 feet). In comparison there aze 447 parking spaces for the existing 141,000 square foot Target store (one space for every 310 square feet), and this parking has proved to be sufficient to meet TazgeYs needs. The location of the site along the major bus route in the Twin Cities wiA continue to reduce the need for parking. The variance is also in keeping with the City's goals of increasing density and making commercial areas more pedestrian friendly. 4. The proposed variance will not impair an adequate supply of light and air to adjacent property, nor will it alter the essential character of the surrounding area or unreasonably diminish established property values within the surrounding area. The proposed variance to reduce the amount of required off-street parking will enhance the character of the sunounding area by allowing new buildings to be constructed along University Avenue where the existing Target has a large pazking lot. Based on studies done by Target and the City's experience with the parking for the existing Target store, the amount of parking proposed by Tazget will be sufficient and will not cause parking problems far the surrounding azea. � �.�� 2 0 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 5. 77xe variance, if granted, would not permit any use that is not pernzitted D � ��� under the provisions of the code for the property in the district where the affected land is Zocated, nor would it alter or change the zoning district classification of the property. The proposed Super Target and the commercial uses being discussed for the ouflot aze all permitted uses. 6. The request for variance is not based primarily on a desire to increase the value or income potential of the parcel of land. The request for the variance is based primarily on the desire to increase development along University Avenue in response to the City's land use policies and goals. WHEREA5, on or about Apri13, 2006 and pursuant to the provisions of Section I.eg. Code § 61.702(a), iJFCW Local 789; Lexington-Hamline Community Council and University United, duly filed an appeal (Zoning File No.06-061942) from the determination made by the Planning Commission and requested a hearing before the City Council for the purpose of considering the actions taken by the said Commission; and WIIEI2EA5, acting pursuant to Leg. Code § 61.702(b) and upon notice to affected parties, a public hearing was duly conducted by the City Council on May 3, 2�06, where all interested parties were given an opportunity to be heard; and WHEREAS, at the close of the public hearing, the matter was further continued to May 17, 2006 and again to May 24, 2006 for the purpose of allowing the various parties the opportunity to meet and confer regazding the proposed site plan and variance applications and to detemune whether addiUonal mutually beneficial changes could be agreed upon regazding the same; and WHEREAS, the various parties have met and the Council has been advised that compromises have been reached with respect to the said zoning applications; and WF3EREAS, the Council, having heard the statements made, and having considered the application, the report of staff, the record, minutes and resolution of the Zoning Committee and of the Planning Commission, and having been fully informed of the agreements regazding changes to the said zoning applications DOES; HEREBY RESOLVE, that the Council of the City of Saint Paul denies in all things the appeals by LTFCW Loca1789; I.exington-Hamline Community Council and University United, there being no showing of enor in the facts, findings or procedures of the Planning Commission; and BE TT FURTIIER RESOLVED, that the Councll affirms the respective decisions of the Planning Commission in this matter, the Council having received information regarding agreements as to the respective appeal points of the appellanYs and that the terms of such agreements have been transmitted to the Council; and BE TT FLTRTHER RESOLVF.A, that the City Council hereby affirms in all things the site plan approvals and the variance approved in Planning Commission Resolutions No. 06-33 and 06-34 as modified below; and BE TI' FURTHER RESOLVED, that the City Council, acting pursuant to the authority granted under Leg. Code § 61.704, hereby adopts the said resolutions as its own herein by reference �ti�.ac thereto except to the extent modified as noted below, such modifications based upon mutual D� ��� agreements; and 4 BE TT FCTRTHER RFSOLVED, upon these mutual agreements, that Planning Commission 5 Resolution 06-34 shall incorporate the following conditions of approval set forth below and that 6 such conditions shall either modify or be added to the said Resolution, so that it reads as follows: 7 1. 10 11 12 13 � 4. Paving, landscaping, and an underground storm water retention system have not been approved for the outlots as part of this site plan approval. Until a site plan for the outlots is approved, development of the outlots shall be limited to grading, stubbing in sewer and water lines to the edge of the outlots, and planting grass or other interim landscaping. Prior to the development of the outlots, a site plan shall be submitted by the developer and approved by City. 3. Target Corporation has submitted traffic informarion that was requested by Public Works. Public Works has found that the site plan adequately addresses traffic issues. In addition, the delivery area has been redesigned to address traffic safety issues raised by Public Works and has been approved by Public Works. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 5. Target Corporafion has worked with City staff to explore options for animaung the building on the sides facing Hamline and Syndicate Avenues and has agreed to provide display windows along the Hamline and Syndicate Avenues sides of the new Super Target building, as shown on the Project Elevation drawing attached as Exhibit l. Target Corporation has also worked with City staff on the design of the setback between the public sidewalk and the new Super Target building (including pianting and architectural elements such as trellises) and Target Corporation has agreed to provide the setback as illustrated on Exhibit 1. Screening of the parking lot shall be provided by a three-foot high planted hedge, and no fence shall be required by the City. The Site Plan for the new Super Tazget store dated May 12, 2006, is approved. A variance must be granted to reduce the amount of off-street pazking. 30 6. Target Corporation shall work with City staff and neighborhood groups in 31 connection with the design and potential development of the outlots. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 At such time as master planning in the University Midway area occurs, Target Corporation shall cooperate with the owners/managers of the adjacent centers (Midway Center and Midway Marketplace) in connection with such planning. 8. Prior to the opening of the Super Tazget store, Target Corporation shall hold a job fair at a location within the neighborhood for neighborhood residents. The City shall provide to Target Corporation the names of locai and community newspapers that serve City planning districts 7, 8, 11, and 13 and Target Corporation sha11 advertise the job fair by, among other things, advertising in these local and community newspapers. 9. Tazget CorporaUOn shall participate in Xcel Energy's "Energy Design Assistance Program." Another Super Target store design has easily exceeded the average rate of energy savings as represented in the attached e-mail. TazgeYs participation in the program for this Super Target store will facilitate energy savings. t � ,,� 1 10. Target Corporation shall participate in the Safe City Initiative by contributing a�` 2 least the sum of $200,000.00 to the Initiative. 3 11. Target Corporation shall work with Meffo Transit to re-locate a bus stop mid- 4 block on Hamline Avenue in the location shown on the Site Plan attached as 5 Exhibit 2. A covered connection shall be provided from the re-located mid-block 6 Hamline Avenue bus stop to the west front entrance of the new Super Target 7 store:, as shown on the building PerspecUve View attached as Exhibit 3. 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2�t 25 26 27 28 29 30 31 32 33 34 35 12. Tazget CorQoration shall provide bike racks along the walkway near the front entrance to the new Super Tazget store. 13. A landscaped sidewalk connection shall be provided from University Avenue, through the pazking lot, to the east front entrance of the new Super Target store, as shown on Exhibit 2. 14. A more detailed site plan, consistent with the attached Site Plan, shall also be submitted Target Corporation and approved by City staff that provides additional details and information for storm water drainage, utilities, lighting and landscaping for the subject lot. 15 16. A security lighting system covering the entire site, including temporary lighling for the outlots, shall be designed and installed as approved by the City. Target Corporation agrees to work with the City to attract and facilitate the development of a hotel or other uses on the outlots. 17. Tazget Corporation agrees that job relocation shall be available to all employees when the cunent store is closed and the new Super Target stare is constructed. Tazget CorQaration further agrees that it shall explore and provide transportation assistance options to these employees. Target Corporation shall offer employees of the current store the opportunity to return to work at the new Super Target store. Additional attachments, which are expressly not part of any of the site plan conditions imposed above, are attached hereto for information purposes demonstrating Target and TargeY s developer, Ryan Companies, commitment to minorityldiversity hiring practices and vendor/supplier contracts. The attachments include: (1) a letter dated May 23, 2006 from Ryan Companies, and (2) a memo dated May 23, 2006 from Target Corporation. AND BE TT FINALLY RESOLVED, That the City Clerk shall mail a copy of this resolution to Target Corporation, UFCW I,ocal 789; I.exington-Hamline Community Council, University United„ the Zoning Administrator and the Planning Commission. � �,a� 1 2 3 4 5 AdoptedbyCouncil: Date //////,/�H. c7Dl�/o Adoption Certified by Council Secretary By: L///i/✓is/f'�i/l.!%,Si�2 Approved byMayor: ate � � ��� By f �`" �/`-� Requested by Department of; By: Form Approved by City Attorney BY . � G✓. �cv✓�..� s- Z C— o C Fortn Approved by Mayor for Submission to Council By: COUNCIL SECRETARY NOTE: THIS SIGNATURE PAGE ACCOMPANIES THE �� ��o RESOLUTION DENYING THE SUPER TARGET STORE APPEAL BY UFCW LOCAL 789, LEXINGTON-HAMLINE COMMUNITY COUPdCIL, AND UNIVERSlTY UNITED, COUNCIL FILE NO. . � L���` o� �� From: Goldstein, Sue [mailto:sue.goldstein@xcelenergy.mm] Sent: Tuesday, May 16, 20�6 1�:55 AM To: Tom.Carrico Super Target (Midway) Cc: Stacy.Delzer; Doyle.Trankel Subject; Super Target (Midway) Tom, I enjoyed speaking with you yesterday. bebbie Montgomery on Friday, I believe Page 2 of 2 Based on my conversation with Counsel Member the following should help you at tomorrow's meeting. PleQSe let me know if you have any questions, concerns or if you would like addii information. A Super Target in the St. Paul area recently participated in the Energy Design Assistance program with great success. The Super Target saved 42% over code (compared to the average 28%) and ended up with annual savings of 3,159,184 kWh which equates to powering 263 homes a year. Xcel Energy's Energy Design Assistance program helps design your new facility with efficiency in mind to lower energy bills by an average of 28 percent. The program helps you maximize energy savings by building it in during the plann'ing and design phase of your project. The Custom Consulting part of Energy Design Assistance is availabie to customers with buildings 50,000 sq. ft or more in early design stage. The program offers the following: o tree, customized energy-design consulting expertise O personalized computer energy modeiing for your planned building O cash incentives for implementing recommendations o design team reimbursement O LEED assistance Good iuck, Sue Sue Goldstein Key Account Manager Ir-, . .. . / i �: NW W.RYATICOMPAN(fS,COM RYAN COMPANIFS ti5, ING so soumanm s�, wtr�sao htin ae�polis, MN 5540}iM2 �YANm .una�o w++.c uwn�.w.s May 23, 2006 Ms. Deborah Montgomery Cound{ Memher, Ward 1 Saint Paui Cfty Coundl City Hall, Room 310.A Saint Paul, MN 55102 Dear Council Member Mon�qomery: 612-492-4000�d 612-492.3400 ( I am vrti6ng today to address the inclusion of women and people of color on the Super Target Midway project currently under reviaw by the Ciry of 3aint Paul. Ryan Companies US, Inc. and Target shares the City of Saint Paul's commiknent to increasing the paAicipatian ofwomen and people otcalor through Encreased invoNement of women and minority owned subcontractors as weli as females and people of color in the workforCe. Before turning direttly to detailing the inclusion strategies we woultl pursue on this project, l would like to provide you with some conteM for understanding Ryan's commitment to the inclusion of women and people of color on our projects. In 2004, Ryan estabtisfied its own Minority and Women Subconhackor inctusion Initiative. The purpose of this initiative is to increase the number of Minority and Women Business Enterprises (MlWBES) contractetl work on Ryan's private projecfs. In 2005, we have experienced success. Some examples inctude the involvement of MNJBEs on projects forTarget, including Super Target Fridley artd the Target North Campus rAmplex currently undef construction; as well as smaller commetcial developments. Since 2004, Ryan has esWblishetl strong relafronships with MRNBES. 1 n May of 2006, Ryan heid its third annual open housa for Minority and Women Ovmed S�bconVactors and Suppiiers. Over eighty indivlduals representing roughfy seventy businesses attended this year's open house. Ryan is a corporate member of the Assoc(atlon of Women ConFractors and the Natiorsal Association of Minority Gontractors-Upper Midwest Chapter (NAMC-UM). I represent Ryan on the Board of the NAMC- UM and regularly attend its monthly meetings. !n 2005, the NAMC-UM awarcled Ryan Affifiafe ot ihe Year-FOr Profif for the second year in a row. These repeat awarcts validate Ryan's commitment fo eacRanding opportunities for MMIBE subcantractor antl supp4ier participation on Ryan projects. Ryan is also a regular artendee at the Construct(on Partnering Program montfily meetings. I provide project presentatlons and updates at these meetings. To gain inclusion of MMlBEs and xromen and people of color in the workforce on the Super Target Midway project Ryan would pursue the following strategies: 1. Identify M/WeEs in this market. 2. liequest that Majority-Owned Subcontractors partner with MNVBEs for the purpose of inclusion on thfs project 3. Engage all bidders in the inclusion effort by apptying MNVBE and Minority and Femala Workforce I�clusion Goals W 4id packs. .� �,�,..�+.�e.4.�.�. a �n ro�,u ��-�og Ms. Deborah Montgomery Counal Member, Ward 1 Saint Paui City Council May 23, 2000 Page 2 ►l� a , , 4. �ntegrate a review of the bidders' commitment to these goals in fhe bid review pracess. 5. Conduet post-bid revtew meedngs wifh tvINVBEs. 6. IdeMiry Majority-Owned subcontractors who have CPP parfnerships wifh MNJBES and otferthose subconhactors opportunities to 6id on fhis projecl 7. Consider nagotiated workvrrth MfWBEs, pratided their pricing ts competi8ve. 8. Apply all agreed upon ind¢sion goals to the subcontractors through the subwnfractoragreement 9, Otfer "quick pay" and issue joint checks to those MMBE subcontractors who request expetlited payment or are experiencing limited cash Bow. 10. Provide dabriefing mee6ngs with MNrIBEs to tliscuss perfoRnance in the following areas: quality, oifice, design, pricing, field and safefy. Piease feel free to contact me with any quesfions you may have regarding the content of this Ietter. I may be reached at 612-492-4235. ' Sin��� Ei�eth ampbel E erging Business/V✓orkforce Inclusion Coordinator O5/24/'2006 15:16 FAX 6127613727 MaY.2�, 2oa6 z:>>P� �` ' 'q�. � � � �� .Z 4_:�.. 2r �,.,�,,. i �.;is To: Wl�om conc�ned Re: Tazget Corpoiation Minority and Wouse� Business Development �rom: Joseph W. Mudd, Sr. Manager, Minority and Womett Bus. Dev. No.0422 P. 2 %/ I: ;[iris lett� comes to you in way of eapiauation of vur Diversity practices at Targe� Corporation, specifically Mizlprinty at�d Women Business lkvelopment a.k.a, "Supplier Diversity" Target Corporation xs an equal apporhueity employer with opp�rhuaitzes fot all who perform. We are slso a performxn�e based organizatioa xn 1948, Target started it's Minority and Women Busiaiess DeveZopztxeut (MWBD) pmgrarn. Today our emphasis has been to foCus ou developing non-retail (not for resale) pzoducts, secvices and pzocess vendors/suppliers. We are proud to repart that our goal is to acltieve over 300 million in aggregate spend with these suppliers in physzcal yeaz 200d. A significarxt porcion of this spend wAl1 corne firom our construction vendors om a f�rst bie� (gezzeral coqtractsip rfine contracts) bases. Gtureutly approximately 20% of our General Construction Contraetor base consist of Mimority oz Womea owned firms. We have also beeu able to capture apptox. 65 ntz�ion dp]iars of tier 2(money first tser veiadors spend with their sup�liers) spend with our prefetred general cozastruc4ion contxactors. We currently measute all of our preferred constructiton vezidoa'S �1a "vendor scozecards" on thear Mimariry and Wome�a partzcipation. We have in many cases been asked to participate io SAB� (Small, Azsadvantaged Business Extterpzass) quotastgoats. It is our inte.ption to meet these standards when reasonable and to gve a good faith effor[ Lo these causes. Oux belie£ zs to develop qualified sustainable Minority andlor Wozaen ow�aed entezp;�ses to participate to the level of their capacity. We do not believe in achieving a goal if the busimess exxterpzise is not leffitimate and does not have minority ar women r,eztt$cataon. In addition, we are national corposate members o£ khe fo�owi.n�g orgauizations and have b�exz zecogozzed fqx our work by the following; �Tatianal i�znozity 5uppliez Develop�n,ent Cauncii — Corpc�rate member Women's Business Enterprise National Council — Cor,porate member MetroQolitan Ecunomic Development Association — Mianesota , recogaized as Corporatian of the Xeaz — Juue 2006 Minnesota Minority Su�lier Development Councit — Corpaxate membez Nationat Associatian of Minority Conuactors — 2006 Na6onal Convention Platinum sPons4z. — held in Mpls. r�r� Property Deveiopment, 7000 Nicollet Mall, Minneapolis, MN 55403 O5/24/2006 15:17 FA% 6127613727 h9ay.23. 2006 2:12PM N L� � � �r. , 4� : >�. �` � ,�� °�,�.N;�� r.� � � No.6422 P. 3 Ul� -5�� 'x'his brie£ly ouUiaes our commitment to khe development of minozity and women owued enterpreses� If I caa aQSwez any further questions please let me know. �inority and Women Business I3eve]opsuebt {612)761-1473 Property Development, '1000 Nicollet Mall, Minneapolis, MN 55403 _�� �-,/ % � �� 1'i h—i i �"•: + %" �:_k i , ! ` �I '� i; �' ii t 4� i.�; ii L F�� ? 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' i��, �' /� _ 'S � J . �' � � �--� � �"� �=�-*=� i b d(// - �" - r-7�� _ < � . i, _. _ � a_ _"' x --- I ' '_;—. � 0 � •ti � � � � � � � 5 ° � s � � � � � � � � N � F y � � � c� + � � � a n r. a� y .i .��.. a 1 i v 2 I " ol� �� ♦ � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet co ��� ConfactPerson & Phone: Cdnal Presitlent ta�try 266-9670 MustBe on Counc�l Agenda by (Dafe): 24MAY-06 ContradType: ae-�sauraN 24MAY-06 � , Assign Number For Routing Order Green Sheet NO: 3030885 0 ICarna7 I I 1 t ' 2 3 4 5 Tofali! W Signatur� Pages _(q All Low fo rSignat ure) Action Reques6ed: Denying the appeat of UFCW L,oca1789, Le�ngton Iiamline Cowmmtity Council and Umversity United, and afErming decisions of the Planning Commission for site plan approval, vaziances and agreements as modified. Recommerdations: Appm�e (A) or R Planning Commission CIB Committee CiMI Service Commission Personal Service Contracfs 1. Has this pe�soNfirtn e�er waked under a cmtmcc forthis departmeM? Yes No 2. Fhas Mis p�sorJfitm e�er been a cky employee? Yes No 3. Does this person/firtn possess a skill not nortnally possessed by any curteirt city employee? Yes No Explain all yes answers on separate sheet and atlach to green sheet InitiaGng Problem, lssues, Opportunity (Who, Wha; When, Where, Why): Advantages 1f Approved: Disadvar�ges If Approved: D'aadvanqges IF Not App�oved: fotal Artwunt of Transaction: Funding Source: Financial Information: (Explain) CosMtevenue Budgeted: Activily Numbe�: A�tay 25, 2006 9.30 PM Page 1 .i.r; '�.. rac i.; ���l Al1AA CITY OF SAINT PAUL Christopher B. Coleman, Mayor April 5, 2006 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, MN 55102 Dear Ms. Erickson: OFFICE OF LICENSE, INSPECTIONS AND ENVIltONMENTAL PROTECTION Bob Kessler, Director COMMERCEBUILDING 8 Fowth Street East. Suite 200 St Paul, Mirtnesota 55701-1024 �� '�� Telephone: 65I-266-9090 F¢csimile: 6� I-266-9724 D✓eb; www.l:ep.us I woufd like to confirm that a public hearing before the City Council is scheduled for Wednesday, May 3, 2006 for the foliowing zoning case: Appellant: UFCW Local 789 and Lexington Hamlline Community Council File Number: 06-061942 Purpose: Location: Appeai of the decision by the Planning Commission to approve the site plan and a parking variance for a new SuperTarget store 130� University Avenue West f have confirmed this date with the office of Councilmember Montgomery. My understanding is that this public hearing request will appear on the agenda of the City Council at your earliest convenience and that you wiil publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 651-266-9086 if you have any questions. Sincerely, �- / l�G� 7om Beach Zoning Section H:\COMMON1Site PIan�Big prqeds\University SuperTarget\hearing date confirtn nancy hearing.doc AA-ADA-EEO Employer NOTICE OF PUSLIC AEHRSMG 11xe Saint Panl City Counc�l will conduct a public hearing on Wednesday, May 3, 2006 at 5:30 p.m. in tkte City Council C1�ambers, Third Floor �ry Hall, I5 West Kellogg Boulevard, St..Paul. MI3, to con- sider the appeal of UFCW Local 789 and Lexington Haailine Community Council to a decision of the Plannin�s Comm9ssion to apprwe the site p7an and a pazking vari- ance for a new Super Tazget store at 1300 University Avenue West. (File No. 06-061942) Dated: Apri16, 2006 MARY ERICKSON � � Assistant Clty Councll Secretary (Aprt1 10) \- -� SZ: PA71L I,FX?AL IEDGE{t x��= �5113397 . . . > / • � • OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECCION Bob Kessler, Director crrY oF sansr raui, Christopher B. Colem4n, Mayor COMlv1ERCEBUlLDING 8 Fourth Street Eost, Sui7e 200 St Paut, Mirmesota SSIOI-1024 Mazch 28, 2006 Ms. Mary Erickson City Council Reseazch Office Room 310 City Hall Saint Paul, MN 55102 RE: SUPERTARGET AT 1300 UNiVERSTTY AVENUE (File 06-061942) Ol� -�8 �� Telephone: 651-266-9090 Facsimi7e: 651-266-9I24 Web: wxnv.tiep.us HEARING DATE: May 3, 2006, 530 p.m. City Council Chambers PiTi2POSE: To consider an appeal of the Planning Commission's decision to approve the site plan for a new SuperTarget store and to approve a variance reducing the number of requued parking spaces. APPEAL FILED BY: IIFCW Loca1789; Lexington-Hamline Community Council and University [JNITED PLANNING COMMISSION DECISION: Approve the site plan with conditions (13-2) and approve the parking variance (13-3) ZONING COMNIITTEE RECONIlVICNDATION: Approve the site plan with conditions and approve the parking vaziance (7-0) STAFF RECOMNN �l�1VDATION: Approve the site plan with conditions and approve the pazking vaziance SUPPORT: No one spoke or wrote in support OPPOSTPION: Two people spoke and one person wrote in opposition Dear Ms. Erickson: A public hearing has been scheduled for Wednesday, May 3 to consider an appeal of the Planning Commission's decision to approve the site plan for a new SuperTarget store with a variance to reduce the number of off-street pazking spaces from 820 spaces to 640. THE PROJECT Target Corporation proposes to build a new SuperTarget store at 1300 University Avenue to replace its existing store. The new store will ha�e 1%6,000 square feet (about one third lazger than the existing store) and wi11 include a grocery store. Tazget recently acquired the hotel south of its e�sting store and proposes to demolish the hotel and locate the new SuperTazget store there. Just before the new SuperTarget store is ready to open, the existing Target store would be demolished and a new parking lot would be built where the esisting store is located. The site plan leaves just over 3 acres of land along University Avenue undeveloped. Tazget intends to sell this land to other developers. Target is aware of the City's plans regazding Transit Oriented Development and says it intends to sell the outlots along University Avenue to groups that will develop in conformance with Transit driented Development guidelines. AA-ADA-EEO Employer � 'THE PLANNING COMNIISSSION'S DECISION The Planning Commission approved the site plan and a pazking variance and found that they were consistent with the goals and objectives in the Comprehensive Plan, including those for this area along University Avenue. A condition was added limiting work on the outlots to landscaping and grading tznril a separate site plan for these areas is submitted and approved. (See the attached Planving Commission resolutions and staff report.) THE APPEAL The appeal states that the site plan for a"big box" retail store and pazking lot is not consistent with the Comprehensive Plan Land Use Plan. The appeal aiso raises a number of ofher issues incIuding traffic, impact on neighboring properties, stormwater drainage and landscaping. The appeal states that the parking variance is moot since the site ptan shouId be denied. (See the attached appeal from UFCW Loca1789; Le�ngton-Hamline Community Council and University UNP! ED.) If you have any question, please contact me at 651-266-9086 or tom.beachna cistpaul.mn.us. Sincerely, .`�`c� Tom Beach LTEP Inspector III ATTACHIVIENTS • Pagel Appeal from iJFCW Local 789; Le�ngton-Hamline Cominunity Council and University UNITED Page 19 Letter from TargeY Corporation Page 22 Planning Commission resolution, minutes and staff report Page 38 Site plan, building image skeYChes and site photos • APPLIGATIOh! FOR APPcAL' • �� Ofnce ofLicense, lnspecfions and Environmerrta! Protecfion Commerce Buii�ng 8 Fourth Sf E, Saife 200 9 ��� Sairsf Paut, MM �5901 854-266-9008 ApF� ie�,►a� PROPER'PX LOCl�TIOt� UFC4tii I,ocal 789 c/o Bernie A° 266 Haraman 1�ve N, C�, South St. Pau1 S+ P4N Z� 55075 QayEime phons 651 -451-6240 Name of owner {if different) Aodress 1300 University Ave 4d., St. Pau1, PZN Legaldascription:P�rtion of Auditor's Subdivision N�. 27 PIN: 342R 234 20023 TYPE OF /,PPEAL: Application is hereby made for an appeai to the: i ❑ Board of Zoning Appeais �l City Council under the provisions of Chapfer 61, Section � � Z. Paragraph � a � of the Zoning Code, to appeal a decision made6,ythe Planning Commission on pSarc2i 24 20D . Fifenumherls: 06-34 {Application # 06-018- 65 (dafeofdecision) Target Cor� - Site Plan): & 06-33 Appiication , - 46-997 Target Corp - Variance) � GROUN[TS FOR �PPEAL: Explain why you feel there has been an eROr in any requirement, permit, decision or refusai made by an administrafive official, or an error in fad, procedure or finding made by the Board of �oning Appeafs orthe Planning Commission. *SEE ATTACHP4ENT, T�dITH EXHSBTT 1 sddifionaf sheet ;•Applicant's signatura �� "� Date 04/�3/�6 eity agent 7 Attachment to Application For Appeat Target "Super Target" Land Use Applications # 06-018-065 (site plan review} and #06-046-997 (variance) GROUNDS FOR APPEAL Per Zoning Code, Section 61.702(a), the City of St. Paul Plamiing Commission made the foilowing errors in fact, procedure, or findings: City of St. Paul Zoning Code, Sec. 61.402. Site plan review (all districts). "(b) Site plan application: "(4) For pazking facilities, the city traf£c engineer or zoning administrator may require submission of a traffic impact analysis as part of the site plan application. Such an analysis shall include, but not be limited to, the following elements: hip generation, directional distribution, traffic assignment and capacity analysis." [Emphasis added.] L [Comment: As explained below, the traffic impact analysis should have been made a part of the appiication, as opposed to a condition of approval.] � "(c) Site plan review and approval. In order to approve the site plan, the plamiiug commission shaIl consider and find that the site plan is consistent with: "(1) The city's adopted comprehensive plan and development or project plans for sub-areas of the city." [Comment: The Comprehensive Land Use Plan does "guide" the subject property for a commercial — auto land use. However, the proposed development is inconsistent with the following provisions of the Land Use Plan: Comp. Plan, pages 6-7 —"Strategy 3: Corridors for Growth ... redevelopment efforts over the next 20 years should focus on the five corridors ... University Avenue and the Midway ... These corridors include large development sites that can be linked together and can provide new economic vitality to the neighborhoods near them and to the city as a whole_ They provide good opportunity for linking housing jobs, and transportation ..." [Coxnment: To the contrary, a big box "Super TazgeP' is not "new" economic vitality; it's just a"super-sized" and expanded "oid" business. There is less opportuuity for linking housing, jobs, and transportafion with "big box" stores.] • �� 0��5�8 "Neighborhood bus lines with high leveis of service will be a focus for smaller scale, infill development ..." • [Comment: The "5uper TargeP' will not be "smaller scale" development.J Comp. Plan, page 8: "Implementation ... Urban design concepts need to be effectively applied to development projects in the city ..." [Comment: The Planning Commission's Mazch 24, 2006 Resolntion states condirion #4, "The applicant must work with staff to expiore options for animating the sides of the building ... and the desi�a of the setback between the public sidewalk and the building ..." However, overall site design must be cazefizlly re-evaluated, including, but not limited to, reducing building "footprinY' and/or requiring the floor space to be on two floors.] Comp. Plan, pages 15-16 "Ten Principles for City Development. "The recent Saint Paul on the Mississippi Development Framework ... contains ten principles that are applicable throughout the city. "Policy: 3.51. As development opportunities arise and projects are designed, the City will • refers to the Ten Principles for guidance and consistency over time. TEN PRLNCTPLIES FOR DEVELOPMENT "l. Evoke a sense of place. Saint Paul has a unique and beautiful nahzral setting, many exceptional buildings and neighborhoods, and a rich history. These assets will be enhanced." [Comment: Adding a"Super TargeY' will not evoke a sense of place.] "4. Broaden the mix of land uses." [Comment: A"Super Target" does not broaden the mix.] "5. Improve connectivity." [Comment: A large "big box" adds nothing to connectivity beriveen uses; it only adds to disconnection between uses.j Comp. Plan, page 37: "Objective 61 Corridor Planning and Development. Policies: s "6.1.2 In comdor redevelopment programs, the City will seek new ways for integrating business and industrial job crearion with housing development and the �� improvement of existing neighborhoods." [Comment: A big box "Super TargeY' is not a`hew way."] Comp. Plan, page 40 — University Avenue Corridor: "6.33 Future development and planuing efforts to redesign University Avenue itself should find ways to make auto-oriented regional shopping ("big box"} retail work for pedestrians ... and also to enhance the storefront, pe@estrian-oriented commercial centers along the avenue." [Comment: The best way to make "big box" retait "work" for pedestrians and to enhance the store-front comxnercial centers along the avenue is to "say no" a"Super Target" Furthermore, Target has created no assurances that the suggested outlots wilT comply with this Comp. Plan language.) Comp. Plan, page 47 —"7.0 Strategy - Environmental Stewardship." "... Land use plazming can support sustainable development by helping to do the following: reduce number and distance of trips, improve the livability of neighborhoods ... promote ecological stormwater management ..." . [Comment: Attracting more car trips to a"big box" store adds more air pollution, for which the City of St. Paul can ill a#'ford. (See Objective 73 be2ow.] � Comp. Plan, page 50 - Objective 73 — Air Quality: Transportation and Tndushy "Automobiles aze the largest single source of air pollution in the American cities." 73.1 "The City will help to reduce air pollution by planning neighborhoods where walking, biking, and taking the bus are attractive alternatives to driving ..." [Comment: Adding to an already over-sized "big box" will atizact more tiaffic and increase air pollution.] Objective 7.4 Water Quality: Drainage Basins, Site Plamtiug and Individuat Action Policies 7.4.1 "The City wili promote the use of natural stormwater sotution ..." [Comment: According the CapitoT Region Watershed District, storxnwater management is inadequate.l Comp. Plan, page 65: Land Use Trends and Assumprions ... "7. More mixed use development based on `New Urbanism' principles. In the contemporary search for community, there is a rising awazeness that physical plam�ing s C'� � ��-��8 for whole communities should draw together a mixture of land uses in close proximity, strengthening the `urban village' pattem." � [Comment: The proposed "Super TazgeY' is NOT `New Urbanism.] "11. Steady neighborhood retail demand and volafile �°big box" retail ... In the discount and big box retail segment, Saint Paul has less than is market share, especially given the city's moderate income population, but these businesses seem to be risky." [Comment: Although the City of St. Paul is not responsible for the economic well-being of Target, nevertheless, a"volatile" or "risk}�' big box market could saddTe the City with a dark store and urban blight.] [Note: These planning issues will be discussed in a subsequent document to be submitted to the St. Paul City Council befare the public hearing.] END OF COMPREHENSIVE PLAN INCONSISTENCIES. Zoning Code, Section 61.402 (c) — site plan review criteria (continued): "(2) Applicable ordinances of the city." [No comment at this time.] , "(3) Preservation of unique geologic, geographic or historically significant characteristics of the city and environmentally sensitive areas: ' [No comment at this time.] "(4} Protection of adjacent and neighboring properties through reasonable provision for such matters as surface water drainage, sound and sight buffers, preservation of views, light and air, and those aspects of design which may have substantial effects on neighboring land uses." [Comment: See comments to paragraphs 7 and 8, below. Furthexmore, it is not clear that there is adequate sound and sight buffers between the proposed development and the proposed outlots to the north. Therefore, it is important to consider the site as a whole, as opposed to one at a time.] "(5) The arrangement of buildings, uses and facilities of the proposed development in order to assure abutting property and/or its occupants will not be unreasonably affected." [Comment: Again, until the entire site is considered as a whole, at one time, the Planning Commission erred by concluding that the future owners and occupants of the proposed outlots to the north will not be "unreasonably affected."] � "(6) Creation of energy-conserving design throu„uh landscaping and location, orientation and elevation of siructures." .� j [Comment There is insufficient evidence that this has been accomplished.] "(7) Safety and convenience of both vehicular and pedestrian traffic both wiYhin the � site and in relation to access streets, including traffic circulation features, the locations and design of entrances and exits and pazking areas within the site." [Comment: Zoning Ordinance, Section 61.402(c) states in part, ". _. the planning commission shall ... find that the site plan is consistent with ...(7) Safety and convenience of both vehicular and pedestrian traffic ..." The Plauuiug Commission erred by approving the Site Plan, subject to the condition #2, "Target must submit traffic information that has been requested by Public Works and Public Works must find that the site plan adequately addresses traffic issues. In addition, the delivery area must be redesigned to address traffic safety issues raised by Public Works" In fact, it is the Planning Commission's duty to adopt findings pertaining to this requirement, NOT Public Works'. (Certainly, Public Works' recommendation would be taken into consideration by the Planning Commission.) Section 61.402 (c) states, "... (4) For parking faciiities, the city traffic engineer or zoning administrator may require submission of a traffic impact analysis as part of the site plan application_ Such an analysis shall include, but not be lunited to, the following elements: laip generation, directional dishibution, traffic assignment and capacity analysis" This is further evidence of the Zoning Code's intent to require an analysis "up fronY' rather than deferring the analysis unril after the site plan is approved. Furthermore, the public wouId be more Iikely deprived of ineaningful � comment, if intemal review by Public Works is all that is necessary before the traffic issues aze "addressed."] "(8) The satisfactory availability and capacity of storm and sanitary sewers, including solutions to any drainage problems in the area of the development " [Comment: Contrary to pazagraph 8 of the Plamiing Commission's Resolution (3/24/06), the proposed stormwater treahnent system has inadequate or unproven capacity to treat water quality and control volume. (See Capitol Region Watershed District report (3!9/06), attached as ExhibiY 1, hereinafter, "Report.") The Report states, "Volume control is not proposed for the development and therefore, the CRWD volume control criteria aze not satisfied." (See page 2_} The Report also states, "Water quality treatment is not proposed for the development and, therefore, the CRWD water quality criteria is not satisfied." (See page 3.) These provisions must be included as part of the site plan review criteria, based on the foilowing St. Paul City Zoning Code provisions: "Sec. 60.113. VesYed right. "Nothing in this code shall be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification, or any permissible activities thereitt, and they are hereby declared to be subject to subsequent amendment, change or modification as ` .`f �i �, ♦ � may be necessary to the preservation or protection of public health, safety � and welfare." [Comment: Certainly, control of stormwater quality and quantity is necessary to protect the public health and welfaze. The City of St. Paul may amend its requirements to conform to the watershed districYs concerns.] "5ec. 60.108. Requirements declared minimum. "In their interpretation and application, the provisions of this code shali be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, aesthetics, economic viability, convenience or general welfare. It is not intended by this code to repeal, abrogate, annul ar in any way to impair or interfere with any existing provision of law, ordinance, rules ar regulations. The city may impose additional requirements where deemed reasonable and necessary to protect the public interest and to ensure compliance with the standards and purposes of this zoning code and the policies of the comprehensive plan." [Comment: Certainly, adherence to the Capitol Region Watershed DistricYs recommendations would be "reasonable to protect the public interest "] Finally, the Planning Commission Resolution states, "3. The pauing, landscaping � and underground stormwater retention system shown for the outlots are not approved as part of this site plan. Until a site plan far the outlots is approved, development of the outlots must be limited to grading, stubbing in water and sewer lines to the edge of the outlots and planting grass or other interim landscaping." To adequately address stormwater treatment issues, the site should be considered in its entirety, not by piecemeal approval of the "Super TazgeY' store and then being "[big] boxed" in from considering other waTer quality treatment systems. "(9) Sufficient landscaping, fences, walls and parking necessazy to meet the above objectives " [Comment: Target and the Planning Commission have not adequately explored reducing the building "footprinY' by building two or more stories high, thereby increasing the landscaping aesthetics and stormwater trearinent. Pedestrian safety is also enhanced by having a smaller "sea of asphalt to navigate before entering the building.] "(10) Site accessibility in accordance with the provisions of the Americans with Disabilities Act (ADA), including parking spaces, passenger loading zones and accessible routes." [No comment at this time.] • (11) Provision for erosion and sediment control as specified in the "Ramsey Erosion and Sediment Control Handbook." � [No comment at this time.} Zoning Code, Secfion 61.4d2: "(d) Compliance and time requirements. The planning commission may make such requirements with respect to the above matters as to assure compliance with them. When changes are required, the revised site plan shall be submitted within six (6) months from the date the applicant was notified ofrequired changes. The zoning adminisTrator may grant extensions. The property must be brought into compliance with the approved site plan within one year of the date of approval or as otherwise specified by the zoning administrator." [Comment: The Planning Commission should have imposed Capitol Region WD requirements to assure compliance.] Zoning Code, Secrion 60.109, states, "(a) Conflicting regulations. Whenever any provision of this code conflicts with any other provision of this code or any other law or ordinance, the more restrictive provision shall govern, except as otherwise specifically provided." r1 LJ "(b) Reference to other regulations. In addition to the requirements ofthis zoning code, all uses and development shall comply with all other applicable city, local, regional, state and federal regu]ations. All references in this zoning code to other city, local, regional, state or federal regulations are for informational purposes only, and do not constitute a � complete list of such regulations_ These references do not imply any responsibility by the city for enforcement of other local, regional, state or federal regulations." [Comment: The Planning Commission erred by not attaching compliance with other local, regionaI, state, and federal requirements as a condition for site plan appro�al.] VARIANCE APPLICATION The site plan application must be denied. Therefore, the variance application should also be denied because the issues arising from the variance application are mooT. s � 03/31/06 17:J7 FA% 1 952 472 4771 � ;� 1. There is a hatched area at the nartheast comer of the site. The hatching is not shown in i the pian legend. � 2. A"pavemendisland drainrile detail" is shown on the detail sheet, but it is not shnrarn on �� the utility plan. This practice shauld be incotporated with stormwatea management for the site. Mazch 9, 2006 THObfA5 E. CASEY EXNIBtT 1 � / , I� r� � . C�egion Watershed aDistrict Energy Patk Plaza,1410 Energy Park Dr., Su{te 4 St Panl, MN 55108 phone: (651) 644-8888 Fax: (b51} 644-8844 www.capitalxe�.oawd.org Tom Beach City of St. Paul - L.T.E.P. 8 Fourth Street E., Suite 200 St. Paul, MN 55101-102A RE; Super Tazget, SL Paul, MN CRWD Development Review #06-SP-004 The following is an evaluatinn of the pmposed St. Paul Super Tazget in terms of the DistricYs areas of conceno. The Aistrict's development revievV criteria are included in italics. EXHIBITS 1. Storm Water Management Report, by Westwood Professionat Services, dated ?/8106, recd. 2/21/06. 2_ Transmittal I.�tter, by Weshvood Professional Services, dated 2/17/06, recd. ?J21/06. 3, preliminary Plans (sheets 4-16 of 1'7), by Westwood Professional Services, dated 2/8/06, racd. 2/21/06. HACKGRQUND 2. 3. 4. S. The pmject is located betwcen University and St. Anthony Avenues, and Hamlina and Syadicate Aveaues in St. Paui. 'I`he total project site atea is 14,9 acnes. The "Stomz Water Managemeat Repo�' natrative states that the existing site. area is 86% impervious and contains a hotel and associated parking_ The proposed conditions contain the Super Tazget huilding, two ouUot huildiug,c and associated pazking for each. Tk�e "Stotm Water Management Report" ua�r�tive states thuY the proposed site area is 91% impervious, Runoff from the gmposed site is divided into three diainage areas. Undeaground storage has been desigaed for each dtainage azea to limit dischazgt to satisfy City of SL Paul requirements. GENERAI, COMD�NTS "Our mirs(on ir ro protecR manage, and improve the water resources ajthe Capitot Region Warenhed D'utrict.' � 03/J1/06 17:37 FAX 1 952 472 4771 BeacL, Page 2, 03/091p6 THOMAS E. CA5EY 3. Existing starrawater man�g�nmt was not described in the "Sborm Water Managemeat Report". Existing conditions topogaphic and site plaas were not provided. These items should be provided RATE CONTROL Peak discharge rates jor developments must be at or belaw ezisting mres for the 2, J0, and 100 year storm events. r� � Findings: 1. Peak discharge rate calculstions were not submittecl for the existing and proposed 2-, S-, and 10.year events and the existing 1�0-year eaenR. However, it is likely tha2 ihe CRWD rate controi criteria are satisfied because the existing site did aot contain sny stormwatet management facilities but hsd a similaz amount of impen+ious area as the proposed pmject 2. 'Ihe peak discharge rate for the proposed 100-ycar event was submitfed and satisfies the G�ty of St. Paul 1.64 cfs / acre requirement 3. A drainage azea map was not aubmitted for exisling conditions. 4. Details of the undecground stoiage system were not included in the Phase 2 Utility Plan. 5. The ouflet pipe size for the "Outioc Area" drainage area does not correspond betwcea tlie stormweter worksheet and die Phase 2 i7tility Ylan. The workshcet indicates that a 9" CMP is necessary to control dischazge, but a 12" RCP is specified on the Phese 2 Utility Plan_ 6. It is not known if adequate capacity is provided in the pipe between STMH 40 and STMH 39. Existing runoff fram off-site is directed to STMH 40. However, there is new impervious that is aiso dire�ted to this catch basin_ 7. Invert elevalions on the "Ouflot Area° stormwatet worksheet do not correspoad with those listed in tfie table on the Phase 2 Uti&ty Plan. If ltems 1 and 3-7 above were addressed, the proposed project would (ikely satisfy CEIWD rate eonurot criterta. VOLUME CONTROL De�elopments and redeveloprnents mr4st reduce runofj'vnlumes in the amounY equivalent to an inch of runo, j)'from �he impervious areas of the site. Stormwater musr be pretreated before discharging in infelt�ation areas [o maintain long-term viability of the infiltratior► area Pinding,s: 1. Volume control is not proposed foY the development and therefore, the CRWD wlume control criterla is not satlsf{ed. 2_ Soil boring rPSUlrs wae aot grovzded. The "Storm Water Managemeat ReQort" nansrive states that soil borings indicate silty sand fill over poorly graded sands. The following is recammended to satisfy CRWD voluma conttol criteria: . Address the use of pmposed green space, perforated storm sewer gipes, and parlcing lot islands to reeeive parking lot and roof nmoff. "Our mission it !o pro�ect, manoge, and t�nprove ihe wa[er resources of ihe Capi[oJ lteglon Waterrked D&frict " � J � � JO 03/31/06 17:37 FAX 1 952 472 4771 THOASAS E. CASEY �106 6l� -�ag � Seach, Pagc 3, 03/09/06 o Perforated pipes with gtavel beds aze effective and cost efficient in5ltratian techniques. This will add little or no cost to the cunenfly pmposed stormwater system. o Paziang lot islands used es rain gardens for pazlang lot or roof tunoff. . pretreatment prior to discharge to infilffalionifiltration areas is requued to remove sedimcnt and prevent clog�ng. Stormsewer sump catchbasins or micropools are recommended pretreatment techniques. WATER QUALITY Developments and redevelopments musr incorporate efjecteve non paint source pollation reduction BMPs to achieve 90'�o solid removaf. G}edits will be givenfor the volume ofwaler infeltrated. Findings: - 1, Water quality ueatment is not praposed for the development and, therefore, the CRWD water qnality criterIa is not satisIIed. The foAowing is recommensied to satisfy CRWll water quality criteria: • Address the use of proposed g�een space, perforated stoma sewer pipes, and perking lot { islands to receive parking lot and roof runoff. � o Stormwater pond(s). o Perfonted pipes with gravel beds are effective and cost efficient infiltration 2echniques. This will add little or no cost to the curzently proposed stormwatea system. o Paziang lot islands used as iain gazdens for parking lot or roof runoff. • prctaeatrnent prior to dischazge W infiltiation/filh�adon areas is required to remove sedimeat and prevent clogging. Stotmsewer sump catchbasins or micropools are recommended pretrea�nent te+chniques. n U FLOODTNG A structu�e's lowestJloor elevation mvst be 2 feel above the 100 year hrgh water level ofthe adjacent and water bodies. Findings: l. The Super Tazget first floor elevation (FF�} is 934.2. The underground storage high watet level (FiWL} is 427.31. 2. The "conceptual restaurnnY' FFE is 926.3. The uadecgrouud sturage I3WL is 9?A.36. 3. The "conceptusl showroQm" FFE is 927.0. The underground swrage AWL is 92036. The proposed project satisfles CRWD ilooding criteria. WETLAND MANAGEIVTENT l�etfands shatl not be dratned, filled wholdy or in pari, escavated, or have sustaining hydrology impac[ed such that there will6e a decnease in rhe inherenr (ecisting) funetions and values of lhe "Our mission fs fo prorese, manage, and irnprove the wuter resources of f6e Capltol Region K�alerrhed Distriet. " � oaisiios iT:a� Fnx i ss2 a�2 a�7i BeacL, Page 4, 03/09106 THOTSAS E. CASEY wetland, Wetland imp4cu will be evaluated base$ on the following principles in descending order of prioriiy. Avoid the impact to rhe wetlarid, minimize the impact to the wetland replace rhe wedand lhat was impacted. Wetlunr7 impacts witl be governed by a lteview comparabie so the Wetland Conservation Act, with the fotlowing esceptions: I. The de minimis size will be zero, l. Fle�dbility Sequencing wrll not be aUowed 3. Public Yalae Credits can not be esed replacement. 4. All other WCA non-temporary irapact ezemptions to wetiands will not be allowed .4 25 foot buJfer of permanrat nanimpacted vegesative growid cover abutting and srProunding a we�land is required There aze no known wetlands on or adjacent to the site. EROSION COIVTROL E�osion Conbol Plans must adhere to the MYCf! Protecting Water Quatity in U�ban Areas ManunL Findings: ' 4. Inlet protxdon is uoted in the S WPPP text, but a detail aad locations are not shown on the erosion coaunl plan. Inlet protection should be shown at all existing and pxnposed catchbasins adjacent to land-distvrbing activities. 5. Silt fence is showa in the legend but is not clearly showtt on the erosion control plan. Siit fence should be p�cnvided where aff-site runoff is exgectad to occur. II the itexps ahove were addressed, the proposed project wonld satisTy CRWD erosion control criteria @10� Thank you for the opportunity to comment on this development_ We loak fotward to providing further analysis of the proposed proj e�t as we review revised plans. Please give me a call if you have any questions_ Sincerely, ����/ ' Bob Fossum Water Resource Specialist cc: Dave Contly, Sewer Division, St Paul Public Works Gretchen Landiai, Westwood Pmfessional Seivices Todd Shoemaker, Wenek Associates W:�07 Pugnms�DevdopmmiReviewslSt PeW�2006�0(iSP-004 SupaTa�ge[ Mid�.nyY16SP-OOa Revitw.doe "Our neission ir fo proteet, ntqnage, and tmprove the waeer resources ojt6e Capttn! Region Waeershed Distrlet" s � � f �- , � �� n �� SUPPLEMENT #1 to Application For Appeal by iJFCW Local #789 Target "Super Target" Land Use Applications # 06-018-065 (site plan review) and #06-046-997 (variance) GROUNDS FOR APPEAL Per Zorung Code, Section 61.702(a), the City of St. Paul Planning Commission made the following errors in fact, procedure, or findings: City of St. Paul Zoning Code, Section 61.402(c) sets forth the criteria for Site Plan review in a11 zoning districts. The proposed "Super Target" fails the following requirement: "(c) Site plan review and approval. In order to approve the site plan, the planning commission shall consider and find that the site plan is consistent with: � "(1) The city's adopted comprehensive plan and development or project plans for sub-areas of the city." [Emphasis added.] I. INCONSISTENCY WITH "LEX-HAM TOMORROW" PLAN. The proposed "Super TargeP' is also inconsistent with the following language of "Lex- Ham Tomorrow" — a land use master pian for tl�e L.exington-Hamline neighborhood: Page 7— A map depicts the proposed site as: "Proposed mixed-use development." [Comment: Certainly, a"Super TargeY' detracts from "mixed use" development.] Page 8—"Modifying the parking lots wouid allow for new stores along University Avenue to have more street frontage rather than being set back behind a sea of empty parking lots. With buildings close to the street, on-street parking would be useful for a[sic] quick shopping trips." [Comment: The "Super TargeY' will be set back behind a"sea" of parking lots. Development of any outlots is not likely to adequately screen a behemoth "Super TargeY' stare from University Avenue.J Page 8—"... [N]ew development along University Avenue would benefit from mixed- � use buildings: shops or business on the ground floor with apartments above ... The buildings need to address both the current scales of University Avenue, the existing fast moving traffic, and the new pedestrian scale. This would make 13 University Avenue mare like a neighborhood. Also since parking could be shazed by several businesses, less of it would be needed and the buildings could occupy more of the space." � [Comment: For all intents and purposes, a"Super TargeP' store is "along" University Avenue. A"Super TazgeY' will have an adverse impact on mixed-use buildings, the "currenY' scale of University Avenue, and "new" pedeshian scale. A"Super TargeY' would make University Avenue less like a neighborhood.] Page 12 —"Neighborhood Goals ... 11. Provide new infili developments on and between University Avenue and I-94." [Comment: A"Super TargeP' is not a"new" development, just an expansion of an existing big box.] Finally, it is important to note that none of the "group" answers or neighbors' responses to questionnaires requested the building of a Super Target!! II. INCONSISTENCY WITH "LEXINGTON IIAMLIlVE SMALL AREA PLAN AND 40-ACRE ST`L7DY." The proposed "Super TazgeY' is inconsistent with following language of the "Lexington Hamline Small Area Plan and 40-Acre Study," adopted by the City Council on March 23, 1993: Page 9—"12. Improve the overall image of University Avenue by reducing and � improving signage, and developing a unified streetscape concept " [Comment: It is milrnown if the Tazget property along University Avenue will have a"unified streetscape concept " The Target properiy should be developed with a unified plan for the entire property.] Page 18 —"Continue to mazket the Lexington Hamline neighborhood as an attractive place to live." [Cominent: The building of a"Super Tazget," with added traffic congesrion, air pollution, etc., deh from the livability of the Lexington-Hamline neighborhood.] Page 23 —"Where commercial buildings do not come up to the sidewalk on University Avenue between Lexington Parkway and Hamline Avenue, strengthen the pedestrian edge with landscaping and/or low walls or decorative fencing. Weak links in the pedeshian edge occur primarily at Target and along the northern boundary of the Lexington/LTniversity shopping center. Better defuvng this edge through landscaping and/or low walls of decorative fencing will end visual continuity fo the street and improve pedestrian comfort, and may increase pedeshian activity." � � �� O l� ��'D� [Comment: The proposed "Super TargeY' does not include a definite plan for outlots adjacent to University Avenue. Therefare, the proposed site plan is inconsistent with this � language.] CONCLUSION As discussed in this supplement and the originai appeal documents, the proposed "Super TargeY' is inconsistent with the City of St. Paul Comprehensive Land Use Plan and the Lexington Aamline uea plans. These pians do not indicate the community's approval of a "Super TargeY' store. To the contrary, Target has not worked enough with the community to develop an appropriate land use for this site. UFCW Local #789 respectfully requests that the St. Paul City Council denv TargeYs site plan and variance applications because they fail the legal requirements. Subsequenfly, LTFCW Local #7891ooks forward to working with Target and the Lexington Hamline community to develop a store that works for all stakeholders. � I'� lI � rs Attachment to Application for Appeai Lexington-Hamline Community Council and University UNITED � Target Corporation - SuperTarget FILES: 06 018065 (site plan review) and 06 046997 (variance) SITE PLAN - GROUNDS FOR APPEAL FINDINGS FOR SITE PLAN APPLlCATION: Section 62.108(c) of the Zoning Code says that in °orderto approve the site plan, the planning commission shall consider and find that the site plan is consistent with" the findings listed below. 1. The city's adopted comprehensive p(an and development or project plans for sub-areas of the city. The Comprehensive Plan calls for development along University Avenue that is dense and pedestrian friendfy. The Land Use Chapter of the Comprehensive Plan says that "Fufure redevelopment planning and efforts to redesign University Avenue itself should find ways to make the auto-oriented regional shopping work for pedestrians.° (Section 6.3.3) Lex-Ham CC and UNITED argue that the site plan is NOT consistent with this finding. While the site plan shows outlots on University with buildings that are up to the street, according to the Planning Commissions recommendation, these outlots are not being � considered at this time. Additionally, Target has offered no guarantees as to how these outlots will be developed. Therefore we believe that the "potential" of these outlots should not be "considered to have any bearing on the site use application. The remainder of the site plan is for a 186,059 sq. it., single-story structure with 640 parking spaces between the front door and a major transit route. Lex-Ham CC and UNITED argue that this type a low-density, auto-oriented development is directly contrary to the Comprehensive Plan and the Lex-Ham Tomorrow Plan and their calls for "development atong University Avertue that is dense artd pedestrian friendly". 2. Applicable ordinances of the City of Saint Paul. No comment at this time. 3. Preservation of unique geo/ogiq geographic or historically significant characteristics of the city and environmentally sensitive areas. No comment at this time. 4. Protection of adjacent and neighboring properties through reasonable provision for such mafters as surface water drainage, sound and sight buffers, preservation of views, light and air, and those aspects of design which may have substantial effects on neighboring land uses. Lex-Ham CC and UNITED argue that without knowing what type of development will occur . on the outlots to the north, it is not possible to determine if adequate buffers for sound and �� b(� -�� sight, preservation of light and air quality, or traffic circulation {including pedestrian and • bicycle traffic) have been provided. 5. The arrangement of buildings, uses and facilities of the proposed deve%pment in order to assure abutting property and/or its occupants will not 6e unreasonably affected Again, Lex-Nam CC and UNITED argue that without knowing how the northem outlots will be developed, it is false to determine that the abutting properties and/or ifs occupants will not be unreasonable affected. 6. Creation of energy-conserving design through landscaping and location, orientation and elevation of structures. Lex-Ham CC and UNITED argue that the site plan is NOT consistent with this finding. Again, according to the Planning Commissions recommendation, the outlots are not being considered at this time and Target has not provided any assurances as to what will be developed there so to claim that the entire site pian satisfies the creation of energy conserving design based on the potential for dense development on the outlots is inadequate. A 186,059 sq. ft., single-story structure with 64Q surface parking spaces does not support energy conservation and rather promotes further energy consumption through inefficient land use and an auto-oriented design that discourages pedestrian access. 7. Safety and convenience of both vehicular and pedestrian traffic both within the site and in � relation to access streets, including traffic circulation features, the locations and design of entrances and exits and parking areas within the site. Lex-Ham CC and UNITED argue that the site plan is NOT consistent with this finding. Additional information regarding traffic impacts that was requested by Public Works had not been submitted by Target at the time of site plan review. We feel that this site plan application should not be approved until this information is made available to the community. 8. The satisfactory availability and capacity of storm and sanitary sewers, including solutions to any drainage problems in the area o/ the development. No additional comments. 9. Sufficient landscaping, fences, walls and parking necessary to meet the above objectives. Given that the Comprehensive Plan calis for development along University Avenue that is dense and pedestrian friendly, Lex-Ham and UNITED argue that the landscaping and parking detailed in this site plan DO NOT meet the objective of providing dense and pedestrian friendly development. 10. Site accessibility in accordance with the provisions of the Americans with Disabilities Act (ADA), including parking spaces, passenger loading zones and accessible routes. � No comment at this time. 11. Provision for erosion and sediment control as speci�ed in the "Ramsey Erosion Sediment and Control Handbook." (� No comment at this time. RECOMMENDATION: - � Based on the findings above, Lex-Ham CC and UNITED recommend disapprovai of the site plan for a new SuperTarget store at 1300 University Avenue West. Additionally, we recommend that the City Council and Mayor institute a development moratorium that restricts future development in the corridor that does not meet or exceed TQD guidelines. VARIANCE - GROUNDS FOR APPEAL VARIANCE REQUESTED: A variance of the off street parking requirements is required to construct a new Super Target. The new store requires 820 off-street parking spaces and 640 spaces would be provided for a variance of 180 parking spaces. RECOMMENDATION: Lex-Ham CC and UNITED believe that the site plan application should be denied based on the reasons listed above. By e�ension, the variance application should be denied because issues raised in the application will no longer be applicable. Respectfully submitted, Jessica Treat Executive Director Lexington-Hamline Community Council Brian McMahon Execufive Director University UNITED � � i • Apri125,2006 s .� President Kathy Lantry and Members of the Saint Paul City Council City Hall I S West Kellogg Boulevazd Saint Paul, MN 55102 6 �-�� Re: Response To Appeats By L3FCW I,ocal 7$9, Lexington-Hamline Community Council and University UNITED of Certain Planning Commission Approvais For SuperTazget Project At 1300 University Avenue West Dear President Lanhy and Members of the City Council: Target Corporation respectfu2ly reqnests that the Ciry Cauncil ughold the Planning Commission approval of the Site Plan (File # 06 018055) and Variance (File # 06 Q46997) related to the � proposed SupeiTarget at 1300 University Avettue West. Tacget plans to build a SuperTazget, replacing the existing Tazget store wiYh a store that will attract new customers to Midway and provide addirionai jobs, as well as reserve outlots on University Avenue to allow for future development that will fit the City of Saint PauPs goals for the Midway area. The Planning Commission approved Target's Site Plan, subject to certain conditions, and granted Tazget's request for a parking variance. 'I'6e Pianning Commission found that the Site Plan was consisfent with the factors set forth in Zoning Code § 61.402(c), including consistency with the comprehensive plan. UFCW Local 789, Lexzngton-Hamline Community Council, and Umversity UNITED (together, the "Appeal Parties") submltted two appeals of the Planning Commission acfions. However, the Planning Commissian did not commit any errors in its actions and the appeals shouid therefore be denied. The proposed SuperTarget represents a significattf redevelopment for the Midway azea. Target chose ttris location to be the site of tha first urhan SuperTazget in Minnesota The SuperTarget will bring additional jobs and attract new consumers to the Midway area. The proposed use of the site, including a SuperTarget in the neaz term as well as future outlot development along Universtiy Avenue, respects forward-thinking plamiing and is consistent with muitipie Comprehensive Plan goais. The Site Plan leaves the outlots undefined, atlowing them to be developed in the future in connection with the evolving transit- and pedestrian-focused development in Midway. The ulrimate development of the outlots will reqnire the approval of th� Plauniug Coxnmission, and the City will be able to ensure that the developmenf complies with the City's evolving goals for University Avenue. � �� ProPerty Development, 1000 Nfcoliet Mall, Minneapotis, MN 55403 The PTanning Commission found that tlte Site PIan is consistent with the Comprehensive Plan. � For example, Section 1, Fmplemenfation, states that urban design concepTs need to be effectively applied to development projects. Target has sought auf community input and has incorporated this input into its designs. Furthermore, as a caondition af Site P1an approvat, Target is working with the sta£f to explore options for aniinatzng the s'sdes o€ the building. In addition, the Site Plan achieves the following specific goals related Yo retail development in Midway: • Section 6.7.2 recoguizes tlus site as one of the two strongest retail IocatiQas in 3aint Paul for tazge residential populations and east-west commtiters. The SuperTargat wilI attract new consumers to the area, benefiting neighborhood businesses. The proposed ouflots coutd include addirional retail shops to attract new consumers. Sectian 63.3 recoguzes that there will be auto-aFieated regional shopping along University Avenue and efforts should be macle to make such big-box retail wosk for pedestriana Target designed the SiEe Plan with pedeshians in mind, iusluding wider siflewalks atong Syndicate Avenue and decreased parking requiremeatts. Furthermoie, the outlots will allow for pedestrian- and traasit-friendly development as those cancepts take shape along University Avenue The Planuing Commission also found that the Site Pian complied with all elements set farth in � Zoning Code § 6I .402(a). The Appeat Parties contesf cerfain of ttiese findings. tViany of the objections aze based on the fact that the Site Plan does not define the use of the outlots. As discussed above, this is an asset to the development process, as ft allows for greai fIexibitity in adapting to the progession of pedestrian- and transit-friendly development. Moreover, the Pfa}iniug Cotnmissian added conditious to its approval to ensure that no work would occur on the ontlots that might prejudice future pedestrian and transit-friendIy development options. Certain other objections aze not meritorious for reasons set forth below. The Appeal Parties azgue that a traffic impact analysis should have been made a part of the Site Plan submission. A traffic impact analysis is not required as part of the Site Plan submission. Instead, the Planning Commission asked that such a study be a condition of its apgmval. Tazget has completed such an analysis and wifl provida it to Public Works as required by the Site Plan approval conditions. The study, zvhich included the SuperTarget and potenYial uses for the outlots, shows that the traffic impact will be negligible. The Appeal Parties argue that stormwater management is inadequate and bases this azgumeat on a letter firom the Capitol Region Watershed Distriet The Capitot Region Watershed District is not the governing anthority for this site. However, Target is working with tfie Watershed District and has addressed each of the concerns presented in the DistricYs Niarch 9, 20061etter. The final deveTopment will meet or exceed storn rate controI and quatity requirements. . � �� ��� • s The Site Plan is a significant improvement over the current use of the overall site because the Site Plan includes additional green space in excess of code reguirements as weli as pedeshian-friendiy enhancements such as wider sidewalks. Although one of the appeals azgues for a moratorium, the facts set forth above demonstrate that a moratorium would be inappropriate. The purpose of a moratorium is to protect the planning process while studies aze being conducted or a new comprehensive plan is being considered. Mulfigle studies have been completed on the Midway area, including the University Avenue Transit-Orien#ed Development Framework. The SuperTazget project was designed in light of these studies as we11 as the Comprehensive Pian. The proposed SuperTarget is reflective of thoughtful planning and forward-thinking acrion. The Site Plan approved by the Planning Commission reflects an upgrade over the exisring store combined with the designarion of outlots to be developed in the future. Tazget appreciates your thoughtful consideration of this matter. If you have any questions, ptease do not hesitate to cail me at 612-761-5846 or our attomey Rebecca Rom at 612-76f-7231. V ery truiy yours, r � � � Thomas H. Carrico Real Estate Manager Target Corporation cc: Rebecca L. Rom M I:l "> I?$80.01 � 2� city of saint paul planning commission resolution file number 06-34 date March 24, 2006 WHEREAS, Target Corporation, File# 06 018065, has submitted a site plan for review under the provisions of 61.400 of the Saint Paul Legislative Code, for a new SuperTarget store on property located at 1300 University Ave W, legally described as Auditor's Subdivision No. 27 Being Kittsondale Lot 1& Lot A& Part Of Lots 2,3 & B BIk 4 Nlidway Industrial Division Lying N Of A Line 687.08 Ft S Of & Par To NI Of Lot 8 And Sub No.27 & In Sd Auditors Sub No. 27 Subj To Rds & Ex N 260 Ft Of W 169.02 Ft; ; and WHEREAS, the Zoning Committee of the Planning Commission, on 3/16/06, held a public hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of §61.303 of the Saint Paul Legislative Code; and WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially reflected in the minutes, made the following findings as required under the provisions of §61.402(c) that the site plan is consistent with: 1. The city's adopted comprehensive plan and development or project plans for sub-areas of the city. The site plan is consistent with this finding. The Comprehensive Plan calls for development along University Avenue that is dense and pedestrian friendly. The Land Use Chapter of the Comprehensive Plan says that "Future redevelopment planning and efforts to redesign University Avenue itself should find ways to make the auto-oriented regional shopping work for pedestrians." (Section 6.3.3) The site plan shows.outlots along University Avenue with buildings up to the street and parking behind. Target is not developing the outlots now and the plans are intended to show a development concept rather than be an exact proposal of what will go there. Target is not seeking site plan approval for the buildings shown on the outlots at this time and the outlots wifl require a separate site plan review later. However, Target has requested that part of the outlots be landscaped and paved and that aR underground storm water retention system be built on the outlots at this time. Doing these improvements now, before a separate site plan review is done for the outlots, would not be consistent with the Comprehensive Plan since it could limit where development could go. moved by Morton seconded by in favor 13 against — with 1 abse n � i i • 2z �(� ���8 Zonin� File # 06 018065 Planning Commission Resolutiort Page 2 � 2. ApplicaBle ordinances of the City of Saint Paul. The site plan is consistent with all applicable ordinances if a variance is approved to reduce the off-street parking requirement from 820 spaces to 640 spaces. The site plan compiies with all other applicable ordinances, including setbacks, lot coverage and building height. 3. Preseivation oi unique geo%giq geographic or historically significant characteristics of the city and environmentally sensitive areas. The site pian is consistent with this finding. The site has no unique geologic, geographic or historically significant characteristics and it is not located in an environmentally sensitive area. 4. Protection of adjacent and neighboring prope�ties through reasonab/e provision for such mafters as surface water drainage, sound and sight buffers, preservation of views, light and air, and those aspects of design which may have substantial effects on neighboring land uses. The site plan is consistent with this finding. Drainage issues have been addressed and sufficient iandscaping to act as bufFers is proposed. The project wiN not impact views, light or air for neighboring properties. 5. The arrangement of buildings, uses and facilities of the proposed development in order to assure abutting property and/or its occupants will not be unreasonably affected , The site plan is consistent with this finding. The arrangement of the bui4ding, parking lot and outlots will not unreasonabiy affect abutting property. 6. Creation of energy-conserving design through landscaping and location, orientation and elevation of structures. The site ptan is consistent with this find'+ng. Creating the outlots to allow smaller buildings atong University will help to increase density and make the area more pedestrian friendly. This will promote energy conservation by encouraging people to use walk or mass transit instead of driving. 7. Safety and convenience of both vehicular and pedestrian traffic both within the site and in relation to access streets, including fra�c circulation features, the locations and design of entrances and exits and parking a�eas within the site. The location of the existing driveways that serve Target will not change. However, Public Works has asked Target to submit additional information on whether the project will significantly change the amount of traffic generated. Public Works also told Target that the area at the southeast.corner of the building where trucks will make deliveries must be changed to eliminate some potential traffic safety issues. Target is working on redesigning this area. if the information is acceptable to Public Works and the delivery area is changed, the site plan � will be consistent with this finding. �� Zoniny Fite # 06 018065 Planning Commission Resolution Page 3 8. The satisfactory availability and capaciiy of storm and sanitary sewers, including solutions to any drainage problems in the area of the development. The plan is consistent with this finding. The plan provides for underground storage of storm water to meet City reguiations for controlling run off. 9. Suffcient landscaping, fences, walls and parking necessary to meet the above objectives. The site plan is consistent with this finding. It will provide more green space than required by the zoning code. The landscaped areas will be irrigated. The landscaped areas are larger than what has been provided in other large commercial developments to give plants more room to survive in harsh parking lot conditions. 10. Site accessibility in accordance with the provisions of the Americans w'rth Disabilities Act (ADA), including parking spaces, passenger loading zones and accessible routes. The site plan is consistent with this finding, including accessible parking spaces and accessible routes to the building. 11. Provision for erosion and sediment control as specified in the "Ramsey Erosron Sediment and Control Handbook" The site plan is consistent with this finding and calls for adequate measures to control erosion and sediment during construction. S NOW, THEREFORE, BE iT RESOLVED, by the Saint Paul Planning Commission, under the authority of the City's Legislative Code, that the application of Target Corporation for a site plan review to establish new SuperTarget store at 130Q University Ave W is hereby approved, subject to the following conditions: 1. A variance must be approved to reduce the amount of off-street parking being provided. 2. Target must submit traffic information that has been requested by Public Works and Public Works must find that the site plan adequately addresses traffic issues. In addition, the delivery area must be redesigned to address traffic safety issues raised by Public Works. 3. The paving, landscaping and underground storm water retention system shown for the outlots are not approved as part of this site plan. Until a site plan for the outlots is approved, development of the outlots must be limited to grading, stubbing in sewer and water lines to the edge of the outlots and planting grass or other interim landscaping. 4. The applicant must work with staff to explore options for animating the sides of the building facing Hamline and Syndicate including the treatment of the building facade (including windows and architectural detailing) and the design of the setback between the public sidewalk and the buifding (incfuding planting and arcfiifecfural elements such as trellises}. � �� Dl� ��$ city of saint paul �lanning commission resolution file number 06-33 date March 24, 2006 WHEREAS, Target Corporation, File # 06-046-997, has applied for a variance to reduce the amount of off-street parking required for a new Super Target store from 820 spaces to 640 under the provisions of 63.207 of the Saint Paul Legislative Code, on property located at 1300 University Ave W, legally described as Auditor'S Subdivision No. 27 Being Kittsondale Lot 1& Lot A& Part Of Lots 2,3 & B Blk 4 Midway Industrial Division Lying N Of A Line 687.08 Ft S Of & Par To NI Of Lot 8 And Sub No.27 & In Sd Auditors Sub No. 27 Subj To Rds & Ex N 260 Ft Of W 169.02 Ft; ; and WHEREAS, the Zoning Committee of the Planning Commission, on 3/16/06, held a public hearing at which afl persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of §61.303 of the Saint Paul Legislative Code; and WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially reflected in the minutes, made the following findings as required under the provisions of Section 64.203 of the Legislative Code: 1. The property in question cannot be put to a reasonab/e use under the strict provisions of the code. � The City wants to increase the density of development along University Avenue. In keeping with this, Target is proposing to use 3.2 acres of the parcel to create outlots that can be developed to increase density along University Avenue instead of using it to provide more parking. 2. The plighf of the land owner is due fo circumstances unique to this property, and these circumstances were not created by the land owner. The property is located in an area where the City wants to increase density and make commercial development more pedestrian friendly. This was not created by the applicant. 3. The proposed variance is in keeping with the spirit and intent of the code, and is consistent with the health, safety, comfort, morals and welfare of the inhabitants of the City of St Paul. The proposed variance is in keeping with the spirit and intent of the code to provide adequate off-street parking. With the variance, the new Super Target would provide 640 spaces for 186,000 square feet of building area (one parking space for every 295 square feet). In comparison there are 447 parking spaces for the existing 141,000 square toot Target store (one space for every 310 square feet), and this parking has proved to be sufficient to meet TargeYs needs. The location of the site along the major bus route in the Twin Cities will continue to reduce the need for parking. 7he variance is also in keeping with the City's goals of increasing density and making commercial areas more pedestrian friendly. �oved by Morton seconded by in favor 12 - with 1 abstention (Aliqada) against 3 (Commers, Nelson, Bellus) �� Zoning File # 06-046-997 Planning Commission Resolution Page 2 4. The proposed variance wrll not impair an adequate supply of light and air to adjacent properly, nor will it alter fhe essentia/ character of the surrounding area or unreasonably diminish established property values within the surrounding area. The proposed uariance to reduce the amount of required off-street parking will enhance the character of the surrounding area by allowing new buildings to be constructed along University Avenue where the existing Target has a Iarge parking lot. Based on studies done by Target and the City's experience with fhe parking for the exisfing Target sfore, the amounf of parking proposed by Target will be sufficient and will not cause parking problems for the surrounding area. 5. The variance, if granted, would not permit any use that is not permitted under the provisions of the code for the property rn the district where the affected land is located, no� would it alter or change the zoning disfrict class�cation of the property. i The proposed Super Target and the commercial uses being discussed for the outlots are all permitted uses. 6. The request for variance is not based primarily on a desire to increase the value or income potential of the parcel of land. The request for the variance is based primarily on a desire to increase development along University Avenue in response to the City's land use policies and goals. � NOW, THEREFORE, BE IT RESOLVED, by the-Saint Paul Planning Commission that the provisions of Section 63.207 are hereby waived to reduce the number of required parking spaces for a new Super Target store from 820 to 640 spaces on property located at 1300 University Ave W; and legally described as Auditor'S Subdivision No. 27 Being Kittsondale Lot 1& Lot A& Part Of Lots 2,3 & B BIk 4 Midway Industrial Division Lying N Of A Line 687.08 Ft S Of & Par To NI Of Lot 8 And Sub No.27 & In Sd Auditors Sub No. 27 Subj To Rds & Ex N 260 Ft Of W 169.02 Ft; in accordance with the application for variance and the site plan on file with the Zoning Administrator. _dac 2 c3 2 � Ct1 o�-�� • Saint Paul Planning Commission City Ha11 Conference Center 15 Kellogg Boulevard West Minutes March 24, 2006 A meeting of the Planning Commission of the City of Saint Paul was held Friday, March 24, 2006, at 8:00 a.m. in the Conference Genter of City Hall. Commissioners Mmes. Donnelly-Cohen, Fazicy, Lu, McCall, Morton, Porter, Smitten Present: and; and Messrs. Aligada, Alton, Bellus, Commers, Cudahy, Johnson, Kong, Kramer, Mejia and Nelson. Commissioners Ms. *Trevino, and Messrs. Dandrea, *Goodlow, *Gordon Absent: *Bxcused Also Present: Larry Soderholm, Planning Adminish�ator; Allan Torstenson, Lucy Thompson, Penny Snnison, Shawntera Hazdy, Christina Danico, Gary Peltier, Tom Beach and Wendy � Lane from LIEP, Casey MacCallum (intern), and Kate Fleming, Department of Planning and Economic Development staff. I. Swearing in of New Members Mr. Son Commers, Ms. Kristina Smitten, Mr. Gauis Nelson and Mr.Bob Cudahy were sworn in as Saint Paul Planning Commission members by Ms. Shari Moore, City Clerk. II. Approval of minutes March 10, 2006. MOTION: Commissioner Johnson moved approval of the minutes of March 10, 2006. Commissioner Be[Zus seconded the motion. The motion carried uxanimously on a voice vote. III. Chair's Announcements No announcements � ��7 # 06-047-195 St. Crois Paziners — Condifional Use Permit for a muItiple family development • with a leasing arrangemenY similar to a roomina house (permit required by action of City Council) �z Territorial Rd, NW corner at Berry St. (PaEricia James, 651/266-6639) MOTION: Commissioner Mor[on snoved the Zoning Committee's recommendalior� to approve the conditional use permit with conditions. The motion carried unanimously on a voice vote. # 06-046-051 Metro Metals Corporation — Condi5onal Use Permit for operation of indoor metal shredder nt conjunction witlx eXistiug legal motor vehicle salvage operafion. 2676 Doswell Ave., SW corner of Doswell and beltline Ry. (Patriciadames, 651/266-6639) CommissionerMorton repnrted the apptication was rejected # 06-046-997 Tazeet — A Variance of the off sireet pazking requirements in order to construct a new Super Tazget. The new retail store requires 820 pazldng spaces, 640 spaces are provided for a variattce of 180 off street pazking spaces. 1300 University Ave., W. (Tom Beach, 651/266-9086) MOTION: CommissionerMorton moved the Zoniag ConamBttee's recrommendation to appwve the variance with conditions. The motion carried on a vote of 13-3 (Commers, Nelson, Bellus) I abstention {Aligada). # 06-018-065 Tar¢et — Site Plan Review to constnzcY a new Super Tazget. 1300 University � Ave., W. (Tom Beach, 651/266-9086) MOTION: Commissioner Morton moved the Zonisg Commiuee's recomme�datiox to approve the szte plan. The motdon carried on a vote of I4-2 (Commers, Nelson)1 abstention (Alagada). VII. Comprehensive Planning Committee Chair ponnelly-Cohen gave report and announced the meeting will be Tuesday, April 4, 2006. There have been five task force committees establish�d for the five chapters for the Comprehensive Pian. Chairs for tfie followiug groups wilI be; Commissioner Kramer, for land use, Commissioner Faricy, for transportation, Commissioner Bellus, for housing, Commissioner Gordon, for pazks and Commissioner Johnson, for water. There will also be community participants in each task force and Commissioner ponnelly-Cohen asked for two more Commissioneis in addition to the Chairs to participate. Penny Simison will send out information, but e�cpect the meetings to begin in June, 2006. VIII. Neighborhood and Current Ylanning Committee Commissioner McCall announced the neat meeting will be on Wednesday, March 29, 2006, and gave the agenda. IX. Long-range Planning Committee No report � �L� t � �= � MINUTES OF THE ZONING COMMITTEE Thursday, March 16, 2006 - 3:30 p.m. City Council Chambers, 3rd Floor City Hall and Court House 15 West Kellogg Boulevard PRESENT: Alto�, Donnelly-Cohen, Faricy, Gordon, Johnson, Kramer, Mejia and Morton EXCUSED: Anfang STAFF: Rachel Gunder.son, Tom Beach, and Carol Martineau, The meeting was chaired by Commissioner Morton. Super Target Midway - 06-018-065 — Site Plan review to construct a new Super Target, 1300 University Ave W. Tom Beach presented the staff report with a recommendation of approval with conditions for the New Construction. Tom Beach also stated District 13 recommended denial, and there were 0 letter(s) in support, and 1 letter(s) in opposition. Brian McMahon, stated he was in opposition to the site plan review. He went on to explain • some of the reasons related to Transit Oriented Development and called for a moratorium to the area to bring some clarity to the issues of the neighborhood and the University Avenue Corridor. He presented pictures showing examples of denser development with structured parking and incorporating display windows into building facades. He tequested buildings that would have an urban look and a reduction of under-utilized parking lots. Mr. McMahon also demonstrated the problems that the design would cause for pedestrians and transit riders. He also requested to know what type of buildings would be placed in the outlots. He recommended additional site work be done with a plan for all the retail ce�ters. Commissioner Kramer explained that the Zoning Committee does not have the power to impose a moratorium. At the question of Commissioner Gordon, Mr. McMahon has not seen a site plan for the area and recommended parking spaces be created in underground parking or deck parking on the roof. Betsy Leach, 1672 W. Minnehaha Ave., 7he TMO requested that the private east west roadway include eight-foot wide sidewalks and bike lanes in both directions and there should be two additional north south pedestrian watkways through the site starting at the two entrances at the store and going north to the new proposed roadway. She also stated there is a bus stop located on Hamtine. Bernie Hesse, 1602 Thomas St., stated he was in opposition of the permit because of the big box building and would generate a lot of traffic causing safety risks. � 2� File # 06-018-065 March 16, 2006, Zoning Committee Minutes Page 2 Dale Beckman, the applicant stated they have worked with the City and neighborhood on the site plans and are complying witF� fhe City's footprint for fhe area's master pfan. He also went on to explain how they are using sidewalks to prepare for pedestrian circulation. Tom Carrico, Target Corporation, explained that structured parking is very expensive and not practical for this site. He atso explained they would take an active role in what will happert with the outlots and will come back to the committee with the site plans when the development takes place. The public hearing was closed. Commissioner Gordon moved approval with conditions of the New Gonstruction. Commissioner Faricy seconded the motion. The motion passed by a vote of 7-0-0. Adopted Yeas - 7 Nays - 0 Drafted by: Carol Martineau Recording Secretary Submitted by: Tom Beach Zoning Section Abstained - 0 Approved by: Gladys Morton Chair � � n U � �� /��� . MINUTES OF T4iE ZONING COMMlTTEE Thursday, March 16, 2006 - 3:30 p.m. City Councii Chambers, 3rd Floor City Hall and Court House 15 West Kellogg Boulevard PRESENT: Alton, Anfang, Donnelly-Cohen, Faricy, Gordon, Johnson, Kramer, Mejia and Morton STAFF: Tom Beach, Rachel Gunderson, and Carol Martineau The meeting was chaired by Commissioner Morton. 1300 UNIVERSITY AVE W- 06-046-997 - A variance of the off street parking requirements in order to construct a new Super Target. The new retail store requires 820 parking spaces, 640 spaces are provided for a variance of 180 off street parking spaces. 1300 University Ave. W. Tom Beach presented the staff report with a recommendation of approval with conditions for the Major Variance. Tom Beach also stated District 13 made no recommendation, and there were 0 letter(s) in support, and 0 letter(s) in opposition. . Upon the questions of the commissioners Mr. Beach explained the parking issues, the outlots, and how the Targets store will remain open during construction. Upon the questions of the Commissioners, Mr. Beach stated Target is accepting the Conditions, and the access points are not changing, He also explained Target is planning some landscaping. Jackie Bell, applicant, introduced the technical group that is working on the project. Dale Beckman, Westwood Professional Service, stated the old store would be closed for approximately 60 to 90 days when the new store is being finished and then the existing store will be razed and the new store witl open. He also exptained the studies that they explored and how they came to designing and locating the project. He also went on to explain how the outlots will be designed and what type of businesses they are hoping will locate on that property. At the question of Commissioner Faricy, Mr. Beckman explained what improvements they would like to make to the outlots and why. Target does not develop small sites like these outlots but will have other developers build on the outlots in the future. Upon the question Commissioner ponnelly-Cohen, Mr. Beckman stated they were comfortable with the amount of parking spaces proposed. � 31 File #06-046-997 March 16, 2006, Zoning Committee Minutes Page 2 of 2 At the question of Commissioner Gordon, Mr. Beckman explained that the storm water retention field is a crucial piece of the development because it forces future development to go along University Ave. Tom Carrico, Target Corporation, explained they would like to improve the outlots to the point of being ready to be built on so that in the future it would not disrupt the businesses around it. The Iocation of the proposed sewer and paving wouid force the development on the outlots to locate along University Ave. He also explained he had three meeYings with the neighborhood and explained the changes that were made to accommodate the neighborhood. At the question of Commissioner Altort, Mr. Carrico ciarifiec! the property they owned and cross easements that exist and Target will take an active role in what is developed on the outlots. At the question of Commissioner Kramer, Mr. Carrico, explained how the outlots would be developed to be made ready for future development. At the inquiry of Commissioner Kramer, Mr. Beach explained why the City was against the improvements being made to the outlots at this time. Betsy Leech, 1672 W. Minnehaha, sfated she was in support of the parking variance. The Midway Transportation Management Association supports the parking variance and went on to explain why and gave examples of other stores with similar parking. Bemie Hesse, 1602 Thomas St., requested that the variance for parking be denied because of traffic issues, pollution, and pedestrian safety and went on to give some studies relating to these issues. Dale Beckman, the applicant, stated the traffic issues will be resolved by working with the traffic department. The public hearing was closed. Commissioner Mejia moved approval with conditions of the Major Variance. Commissioner Gordon seconded the motion. The motion passed by a vote of 7-0-0. Adopted Yeas - 7 Nays - 0 Drafted by: Carol Martineau Recording Secretary Submitted by: Abstained - 0 Tom Beach Zoning Section Approved by: Gladys Morton Chair � • n U 1� 2- �j(p -�b8 ZONING COMMITfEE STAFF REPORT s FILES 06 018065 (site plan review) and 06 046997 (variance) 1. APPLICANT: Target Corporation 2. TYPE OF APPLICATION: Site Plan Review and Major Variance 3. LOCATION: 1300 University Avenue West HEARING DATE: 3/16106 4. PIN & LEGAL DESCRIPTION: 342923420023 Auditor'S Subdivision No. 27 Being Kittsondale Lot 1& Lot A& Part Of Lots 2,3 & B Blk 4 Midway Industrial Division Lying N Of A Line 687.08 Ft S Of & Par To NI Of Lot 8 And Sub No.27 & In Sd Auditors Sub No. 27 Subj To Rds & Ex N 260 Ft Of W 169.02 Ft; 5. PLAPfAIING DISTRICT: 13 PRESEtJT ZONING: B3 6. ZONING CODE REFERENCE: 61.402 and 63.207 7. STAFF REPORT DATE: 3/9/06 BY: 7om Beach 8. DATE RECEIVED: 2/8/06 DEADLINE FOR ACTION: 4/7/06 A. PURPOSE: Site plan review and a parking variance to construct a new Super Target. • B. PARCEL SIZE: 15.9 acres C. EXISTING LAND USE: Target Store and vacant hotef D. SURROUNDING LAND USE: North: Commercial (B3) East: Office, industrial and multi-family residential (B3, 11 and RM3) South: Freeway and Concordia College (RT1) West: Commercial — Midway Marketplace Shopping Center (B3) E. ZONING CODE CITATION: 61.402 and 63.207 i HISTORY AND PROPOSED PROJECT: The existing Target store expanded in 1999. At that time Target obtained a variance to reduce the number of off-street parking spaces required. Target Corporation recently bought the hotel immediately to the south of the existing Target store. Now Target is proposing to tear down the existing hotel and construct a new 186,000 square foot SuperTarget store. The existing Target store would remain open during construction. Once the new SuperTarget is ready to open, the existing Target store would be torn down and a new parking lot with 640 parking spaces would be built in roughly the location of the existing Target store. The site plan shows three outlots at the north end of the site where commercial buildings would be located along University Avenue. Although the plan shows possible building locations, the design of the buildings and outlots has not been finalized and a separate site plan review will be required for the outlots before anything is built there. G. DtSTRICT COUNCIL RECOMMEOJDATION: No recommendation was received at the time this staff report was written. = d3 e 1 �a 5 33 Variance ......................... ...................................................... H. VARIANCE REQUESTED: A variance of the off street parking requirements is required to construct a ne� Super Target. The new store requires 820 off-street parking spaces and 640 spaces would be provided for a variance of 180 parking spaces. I. FINDINGS FOR THE VARIANCE: 1. The property in question cannot be put to a reasona6le use unde� the strict provisions of the code. The City wants to increase the density of development along University Avenue. In keeping with this, Target is proposing to use 3.2 acres of the parcel to create outlots that can be developed to increase density along University Avenue instead of using it to provide more parking. 2. The ptight of the land owner is due to circumstances unique to this property, and these circumstances were not created by the land owner. The property is located in an area where the City wants to increase density and make commercial development more pedestrian friendly. This was not created by the applicant. 3. The proposed variance is in keeping with the spirif and intent of the code, and is consistent with the healfh, safety, comfort, morals and welfare of the inhabitants of the City of St. Paul. The proposed variance is in keeping with the spirit and intent of the code to provide adequate off-street parking. With the variance, the new SuperTarget would provide 640 spaces for 186,000 square feet of building area (one parking space for every 295 square feet). In comparison there are 447 parking spaces for the existing 141,000 square toot Target store (one space for every 310 square feet) and this parking has proved to be sufficient to meet TargeYs needs, The location of the site along the major bus route in the Twin Cities will continue to reduce the need for parking. The variance is also in keeping with the City's goals of increasing density and making commercial areas � more pedestrian friendly. 4. The proposed variance will not impair an adequate supply of light and air to adjacent proper(y, nor will it alter the essential character of the surrounding area or unreasonably diminish established properiy values within the surrounding area. The proposed variance to reduce the amount of required off-street parking will enhance the character of the surrounding area by allowing new buildings to be constructed along University Avenue where the existing Target has a large parking lot. Based on studies done by Target and the City's experience with the parking for the existing Target store, the amount of parking proposed by Target will be sufficient and will not cause parking problems for the surrounding area. 5. The variance, if granted, would not permit any use that is not permitted under the provisions of the code for the property in the district where the affected land is /ocated, nor would it alter or change the zoning district class�cation of the properly. The proposed SuperTarget and the commercial uses being discussed for the outlots are all permitted uses. 6. The request for varrance is not based primarily on a desire to increase the value or rncome potentiaf of the parcel of land. The request for the variance is based primarily on a desire to increase development along University Avenue in response to the Citys land use policies and goals. STAFF RECOMMENDATION FOR THE VARIANCE: Based on findings 1 through 6, staff recommends approvaf of tfie variance to reduce fhe amount of off-street parking required from 820 off-street parking • spaces to 640 for the proposed 186,000 square foot SuperTarget store. �� D � -��� � S4TE PLAN REVIEW ................................................................................ K. FINDINGS FOR SITE PLAN REVIEW: Section 62.108(c) of the Zoning Code says that in "order to approve the site plan, the planning commission shail consider and find that the site plan is consistent with" the findings fisted below. 1. The cify's adopted comprehensive plan and development or project plans for sub-areas of the cify. The site plan is consistent with this finding. The Comprehensive Plan calls for development along University Avenue that is dense and pedestrian friendiy. The Land Use Chapter of the Comprehensive Plan says that "Future redevelopment planning and efforts to redesign University Avenue itself should find ways to make the auto-oriented regional shopping work for pedestrians." (Section 6.3.3) The site plan shows outlots along University Avenue with buildings up to the street and parking behind. Target is not developing the outlots now and the plans are intended to _ show a development concept rather than be an exact proposal of what will go there. Target is not seeking site plan approvai for the buildings shown on the outlots at this time and the outlots will require a separate site plan review later. However, Target has requested that ' part of the outiots be landscaped and paved and that an underground storm water retention system be built on the outlots at this time. Doing these improvements now, before a separate site plan review is done for the outlots, would not be consistent with the . Comprehensive Plan since it could limit where development could go. 2. Applicable ordinances of the City of Saint Paul. The site plan is consistent with all applicable ordinances if a variance is approved to reduce the off-street parking requiremerrt from 820 spaces to 640 spaces. The site pfan compfies with all other appticab(e ordinances, including setbacks, lot coverage and building height. 3. Preservation of unique geologic, geographic or historically significant characteristics of the city and environmentally sensitive areas. The site plan is consistent with this finding. The site has no unique geologic, geographic or historically significant characteristics and it is not located in an environmentally sensitive area. 4. Profection of adjacent and neighbo�ing properties through reasonab/e provision for such matters as surface water drainage, sound and sight buffers, preservation of views, light and air, and those aspects of design which may have substantiaf etfects on neighboring land uses. The site plan is consistent with this finding. Drainage issues have been addressed and sufficient landscaping to act as buffers is proposed. The project wiff not impact views, fight or air for neighboring properties. � S. The arrangement of buildings, uses and facilities of the proposed development in order to assure abutfing properfy andlor ifs occupanfs wi/I not be unreasonably atfected _(fS`E 1 G3 5 .;� The site plan is consistent with this finding. The arrangement of the building, parking lot and outlots wil( not unreasonably affect abutting property. • 6. Creation of energy-conse�ving design through landscaping and location, orientation and elevation of structures. The site pfan is consistent with this finding. Creatfng the outlots to al(ow smaller buildings along Un+versity will help to increase density and make the area more pedestrian friendly. This will promote energy conservation by encouraging people to use walk or mass transit instead of driving. 7. Safety and convenience of both vehicular and pedestrian tra�c both within the site and in relatron to access streets, including traffrc circulation features, the locations and design of entrances and exits and parking areas within the site. The location of the existing driveways that serve Target will not change. However, Public Works has asked Target to submit additional information on whetfier the project will significantly change the amount of traffic generated. Public Works also told Target that the area at the southeast comer of the building where trucks will make deliveries must be changed to eliminate some potential traffic safety issues. Target is working on redesigning this area. If the information is acceptable to Public Works �nd the delivery area is changed, "the site plan will be consistent with this finding. 8. Fhe satisfactory availa6ility and capacity of storm and sanitary sewers, includrng solutions . to any drainage problems in the area of the development The plan is consistent with this finding. The plan provides for underground storage of storm water to meet City regulations for controfling run off. 9. Su�cient landscaping, fences, walls and parking necessary to meet the above objectives. The site plan is consistent with this finding. It will provide more green space than required by the zoning code. The landscaped areas witl be irrigated. The tandscaped areas are larger than what has been provided in other large commercial developments to give plants more room to survive in harsh parking lot conditions. 10. Sife accessibility in accordance with the provisions of the Americans with Disabilities Act (ADA), including parking spaces, passenger loadrng zones and accessible routes. The site plan is consistent with this finding, including accessible parking spaces and accessible routes to the building. 11. Provision for erosion and sediment control as spec'fired in the "Ramsey Erosion Sedrment and Control Handbook." The site plan is consistent with this finding and calls for adequate measures to control erosion and sediment during construction. L. STAFF RECOMMENDATION FOR SITE PLAN REVEW: � Based on the findings above, the staff recommends approval of the site plan for a new SuperTarget store at 1300 University Avenue West, subject to the following conditions: �� a� - S�� • 1. A variance is needed to reduce the amount of off-street parking being provided. 2. Target must submit traffic information that has been requested by Public Works and Public Works must find that the site plan adequatety addresses traffic issues. fn addition, the delivery area must be redesigned to address traffic safety issues raised by Public Works. 3. The paving, Iandscaping and underground storm water retention system shown for the outlots are not approved as part of this site plan. Until a site plan for the outlots is approved, development of the outlots must be limited to grading, stubbing in sewer and water lines to the edge of the outlots and planting grass or other interim landscaping. r1 LJ • = d3e 3 Gs 5 3� �C I� �Fdt ! ����g� . � � $`� .� 'S � t� I �� � ��� I� �! �� � r y �e � m �� A �� �. �� � � � A d F y �� � � �� T �r ��. v%�'� \ ,•'y \ S:� :' � \ yyJ1 \ ��S1�4 • :.e_� \ „ g z e s�g � x � o a � z s � ° � � N s s t� � � °.! ° z � � �� ���� " '� S '•''�" .-a,�€.,I i�O��i' ii OS �� i�i�� . 9 I �N�OiOsi�J�� �p � � � �i ``.b� "'"3 gS � ° % Ss�i�i0; �ii4�i� �O: � � :�;' �. ����.�iq i ,� y♦.�0�0�'/• 140���������J� �� s �, i i �O` ��� �ii0� �// 7��� . � � J. fs M � � :�.:�F;1 �`iS'i�i, �/% 1'I//���:N�':•:.h•.:�J�F� � �z.�r. z _ . ., . .•� ♦ � a ������� ♦. g i * x��f R- w0+� ��i������I� �OOi�i���������i�0i �' ,:a Y a_a� -- i. 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'� m e � 9 I o � � � D �� _ y � ' _ MGYiWAY � � � �� � t 3e�£ 3a 4 ���z a�g� �:��� � i��+it e;t — — �?� _ _� � � �, 1 � cd �i r� � � � f�-i � u i � � � � � �,.i {,�� �� � • � r� L 4i I � /� ,w��� ;� � � � ��_ �,�: �-:.s;�,< . � n r--� t-+ C!� cr� 0.) � Ri � t --t u U � .� � C �' L 7 .. > � � �, � T°" � � °'� .� � v � � 6 s �3 D� -sog CODE OF CONDUCT B3- and between Tar;et Corporation and UFC�' Local 789 1NIS AGREEUENT is a CODE OFCO�VDliCP mnde lrv and 6eiween Tar�et Corporation(the EmpioyerJ and G�'ClVloca1789 (the Lnion representing Aldi�s Grocer� Store empioyees in the St. Pau1 jurisdickon). The intent of Ihis �i�reement is to esaab[isii an orderty enuironment for fhe Employees of the Tar�et Gorporation to exercise their ri;hts under Section F of the i4ationai babor Relations Act and to prohibit picketing and/or other economic action directed at the Employer durin� an organizing driue among dte Emplayees. 1. The pariies mntaally recognize ihat National I.abor law guarantees Employees ihe riglit to to�m oi select any labor oiganizauon to act as 17�eir exclusive representative far the pnrpose of collective 6argaining wiW their Employer, or to refrain from sneb aciivity. 2. 7'he Employer will take a positive approach to Dnionization of Employees. The Employer tivill not do any action nor make a� siatement ihat vrilt directl� or indireai�} state oc imply an}� opposition bptl�e Emplogec to t{�e selection of a colleciive bargainm; agent hy the Employees of the Targei Corporation, or a preference Sor or opposition to any particnlu Dnion or baigainin; agent. 3. The Union and iis represeniatives wil] not coerce or Uuealen any Employee in an effort to obtain auihorization cards. 4. IVhenever the Employer finds it necessary lo hire new Employees for vacancies, the Employer agrees that any interest demonstrated by an applicant in joining the Union will noi consritute gmunds foi discriminatury treatment oc dispaiaLe tceatmeni nor advecsely impact tLe applicant's ab�7ily to be hired by the Employer. The Employer shall be the sole jndge of a¢ applicant's snitability, compe[ence and qualiiications to perform the work o[ auy job to be Iilled. 5. Within ten (10) days following the receipt of written ito�iee of intent to orgauize Employees, the Employer will fmnish the Uuion with a complete lisi of snch Employees boi�i 6�11 and part-time, including tlte addresses of all Employees. 6. TLe�uionmayreqnestrecognitionast7ieexclusivecollectivebargainingagentforthe'fargelCorporationEmployees.StateBurean of 14ediation Services (B61S� will conduct a review oS the Employees' authorizaiion cards and membership iniormation submitied lry the Union in snpport of its elaim to represent a majority ot i�e Employees. The Employer will not file a petitfon with the National Labor Relations Board Sor any election in eonnection with any demands for recogniiion provided for in this Agreement. 7. If the Union is recognized as the exclnsive collective bargaining iepresentative as provided in Pa�agraplc 6, nogotiations shal] be commenced immediate]y. If ihe parties are ima6le to reach agreement on a collective bargaining agreement within 90 days after recognition pi¢snant to Paiagraph 6, all issnes shall be submiited for resoluUOn to Gnal and binding arbitration. TLe arbitrator (identified in parag�aph 10) shall be giuded by the following considerations: Employer's Sinancial ability; Size and rype of the Employer's operahons; Cost of living as it afSects the Employer's EmpIoyees; ability oS the Employees through a combination o1 wages. hours and benefiis to eacn a Iiving wage to susiain themselves and tfieir iamities; Employees' prodnctivig�. Dnring the tife of this Agreement, the linion will not engage in picketing or other economic activity at the Target Corporafion locations and the Employei will not engage in a lockout of the Hmployees. This paragcaph will expire npon recognihon of �he Onion as tlie representative of such Employees pnrsnant to Paragraph 6. Notwithstanding the terminalion provision above, if the EmploVer recoguizes anc other ilnion besides UFCIS' Local 789 as ihe exclusive liargaining representative of Employees, or any of them, this puagraph shall terminate without notiee. 9. No work tradttionally peiformed by Employees iu We classifications cove�ed by this Agreement shall be performed nnder anv snblease, snbcontract, or olher ab eement. 10. TLe parties agree that any disputes over the interpretation or application oI this �,;reement sLall be submitted to binding arbitration. ��ith a neutral arbitrator chosen from a list of seven arbitrators provided by Federal Mediation and Conciliation Services (F�1CS�. The parties shall aliernately strike from this list imN only one (1) name remains, that name shall be the one (1) to hear and decide the dispute. The parties hereto agree to complv �vith any order of tLe arbitrator as the order or judament of the arbitrator as the order oi p�dgment of Yhe Duited States Dis�rict Court without entry of find5ngs of fact and conclusions of law. 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