DISCLAIMER

PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE


08-0393R  AS AMENDED

 

RESOLUTION ISSUING A C-5 PLAN APPROVAL TO TARGET CORPORATION FOR RELOCATION OF DRIVEWAYS AND POLE SIGN, RECONFIGURATION OF THE PARKING LOT, SITE LIGHTING, AND PARKING LOT LANDSCAPING/SCREENING AT THE TARGET STORE LOCATED AT 1902 MILLER TRUNK HIGHWAY.

CITY PROPOSAL:

     RESOLVED, that the city council finds the following:

     (a)  Target Corporation has submitted to the city council a request for C-5 plan approval, in accordance with Section 50-140(a) of the City Code, for relocation of driveways and pole sign, parking lot redesign, site lighting changes, and parking lot landscaping/screening on property located at 1902 Miller Trunk Highway and legally described as:

           (1)  SE1/4 of SWI/4 Section 18 Township 50 North Range 14 West except those parts thereof described as follows, to-wit:

                 (A)  That part thereof lying northerly and easterly of the right-of-way of U.S. Highway No. 53 as now laid out and in use;

                 (B)  That portion of the SE1/4 of SW1/4 of Section 18 Township 50 North, Range 14 West of the Fourth Principal Meridian, being a strip of land 40.00 feet wide and lying 20.00 feet on each side of the following described line EXCEPT the last 150.00 feet of said described line being a strip of land 25 feet wide and lying 20,00 feet southerly and 5.00 feet northerly of said described line: Commencing at the South quarter corner of said Section18; thence south 87 degrees 50 minutes 15 seconds west along the southerly line of Section 18 a distance of 350,00 feet to the point of beginning of said strip of land; thence north 02 degrees 40 minutes 15 seconds west a distance of 260.89 feet: thence along a curve to the left, with a long chord of 111.66 feet bearing north 26 degrees 37 minutes 37 seconds west a radius of 137.50 feet and a central angle of 47 degrees 54 minutes 45 seconds west, an arc distance of 114.98 feet to a point; thence north 50 degrees 35 minutes 00 seconds west, being parallel with U.S. Highway No. 53, a distance of 694.79 feet to the point of termination, subject to highway or road easement the South 33.00 feet thereof; and
           (2)  That part of the SE1/4 of SW1/4 of Section 18, Township 50 North, Range 14 West of the Fourth Principal Meridian more particularly described as follows: Commencing at the south quarter corner of said Section 18; thence northerly along the north-south quarter line a distance of 33,00 feet to a point; thence deflect 89 degrees 29 minutes 30 seconds to the left in a westerly direction distance of 33.00 feet to a point on the northerly right-of-way line of the Maple Grove Road, said point being the point of beginning of the parcel of land herein described; thence continuing westerly along said right-of-way line and being parallel with the southerly line of said Section 18 a distance of 297.00 feet to a point thence deflect 89 degrees 29 minutes 30 seconds to the right in a northerly direction a distance of 298.05 feet to a point on the southerly right-of-way line of U.S. Highway 53; thence deflect 132 degrees 05 minutes15 seconds to the right in a southeasterly direction along said right-of-way line a distance of 400.19 feet to a point on the westerly right-of-way line of Decker Road; thence deflect 47 degrees 54 minutes 45 seconds to the right in a southerly direction along said right-of-way line a distance of 32.45 feet to the point of beginning; and

           (3)  That portion of the SE1/4 of the SW1/4, which lies easterly and northeasterly of a line run parallel with and distant 30 feet westerly and aouthwesterly of Line 1 described below:

                 Line 1.    Beginning at a point on the south line of said Section 18 distant 392,85 feet west of the south quarter corner thereof; thence run northerly at an angle 90 degrees 24 minutes 50 seconds from said south section line (measured west to north) for 176.02 feet; thence deflect to the left on a tangential curve having a radius of 272.84 feet and a delta angle of 48 degrees 43 minutes 09 seconds for 232.00 feet; thence on a tangent to said curve for 572.15 feet; thence deflect to the right on a tangential curve having a radius of 572.96 feet and a delta angle of 06 degrees 41 minutes 45 seconds for 66.95 feet; thence on tangent to said curve for 147.40 feet; thence deflect to the left on a tangential curve having a radius of 577.96 feet and a delta angle of 06 degrees 41 minutes 43 seconds for 66.95 feet; thence on tangent to said curve for 370.00 feet and there terminating; and

     (b)  Said permit application was duly referred to the city planning commission for a study, report and public hearing at their June 10, 2008, regular meeting, and the city planning commission has subsequently reported its conditional approval to the city council; and

     (c)  The approval was made because of the city planning commission's findings that compliance with the appropriate standards of the ordinance will be met through the conditions of approval; and

     (d)  Approval is granted to target corporation for amendment of a C-5 plan, including relocation of driveways and pole sign, parking lot redesign, site lighting changes and parking lot landscaping/screening at their store at 1902 Miller Trunk Highway, subject to the following conditions:

           (1)  The project be constructed and maintained in accordance with documents submitted by Westwood Professional Services titled “Preliminary Plans for Site Modification Plans for Target - Duluth” and as identified as Public Document No. __________________:

                 (A)  Sheet 3 of 11- removals plan dated April 29, 2008, and received on June 6, 2008;

                 (B)  Sheet 4 of 11 - proposed overlay dated April 29, 2008, and received June 6, 2008;

                 (C)  Sheet 5 of 11 - site plan dated April 29, 2008, and received on June 6, 2008, subject to approval of a height variance from the board of zoning appeals or submitting of a sign that meets the Sign Code requirements;

                 (D)  Sheet 6 of 11 - utility plan dated April 29, 2008, and received on June 6, 2008;

                 (E)  Sheet 7 of 11 - grading, drainage and erosion control plan dated April 29, 2008, and received on June 6, 2008;

                 (F)  Sheet 8 of 11 - landscape plan dated April 29, 2008, and received on June 6, 2008, subject to the approval by the right-of-way authorities for placement of landscaping in the right-of-way;

                 (G)  Sheet 9 of 11 - irrigation plan dated April 29, 2008, and received on June 6, 2008;

                 (H)  Sheet 10 of 11 - details dated April 29, 2008, and received on June 6, 2008;

                 (I)  Sheet SL1 - photometric plan dated April 28, 2008, and received on June 6, 2008; and

                 (J)  Preliminary stormwater management report for Target - Duluth including existing and proposed drainage area maps;

           (2)  That the applicant submit a revised site plan and related documents showing use of stormwater practices to reduce direct untreated runoff to Miller Creek and/or storm sewer drains and that these revised plans shall be approved by the planning director and the city engineer if found to be acceptable;

           (3)  The applicant gain approval of the right of way authorities for the sidewalk on Maple Grove Road, driveway configurations on Mall Drive and Maple Grove Road and that the applicant submit revised plan for C-5 approval, if necessary; and

           (4) (3)   Any alterations to the approved plans that do not alter major elements of the plan may be approved by the director of planning and development without further planning commission or city council action; however, no such administrative approval shall constitute a variance from the provisions of Chapter 50, Article XXIII;

     (e)  Approval is also granted for the following variances, which are authorized by Section 50-143:

           (1)  To construct 610 parking stalls rather than the required 632 stalls; and

           (2)  To reduce the parking lot landscape setbacks for Mall Drive, Maple Grove Road, and Burning Tree Road as shown on the plans listed in Section (d) of this resolution, subject to approval by the right-of-way authorities for placement of landscaping in the right-of-way.



PC/PLNG


STATEMENT OF PURPOSE:  This resolutions conditionally approves the C-5 plan for Target Store and grants variances from parking and landscape setback standards as allowed by the C-5 ordinance.


Conditions of approval include 1) a requirement that target submit a revised site plan showing use of storm water practices to reduce direct untreated runoff to Miller Creek and/or storm sewer drains to be approved by the planning director and the city engineer; 2) that the applicant gain Minnesota department of transportation approval for the sidewalk on Maple Grove Road, driveway configurations on Mall Drive and Maple Grove Road, and that the applicant submit revised plan to the city for C-5 approval, if necessary.


This resolution also grants to the director of planning the authority to approve minor modifications to the approved plans that do not alter major design elements.


The city planning commission approved the Target C-5 plan by a seven to one vote at its June 10, 2008, regular meeting.


Petition received: 4/29/2008

Action deadline: 8/27/2008