CITY OF MAPLE GROVE PLANNING COMMISSION AGENDA SEPTEMBER 12, :00 P.M.

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1 CITY OF MAPLE GROVE PLANNING COMMISSION AGENDA SEPTEMBER 12, :00 P.M. 1. OPENING BUSINESS A. Call to Order B. Pledge of Allegiance C. Roll Call 2. ADDITIONS OR DELETIONS TO AGENDA Any Commissioner who wishes to delete item(s) from the Consent Agenda or add item(s) to the agenda shall move that at this time. 3. CONSENT ITEMS All matters listed under Consent Items are considered to be routine by the Planning Commission and will be enacted by one motion and in the form listed below. There may be an explanation, but no separate discussion on these items. If discussion is desired, that item will be removed from the Consent Items and will be considered separately. A. Minutes - Regular Meeting 4. CONSIDERATION OF ITEMS PULLED FROM THE AGENDA 5. UPDATE ON CITY COUNCIL MEETING 6. OLD BUSINESS PH A. Buhl ZS Center Buhl Maple Grove LLC Outlot A and B, Zachary Square Shopping Center PUD Concept Stage Plan for the purpose of developing property into 2 parcel for future retail development. Received 8/1/2016, Dick Edwards 7. NEW BUSINESS PH A. J & R Grimm Joan & Roger Grimm 6401 Eagle Lake Drive Short Plat for the purpose of platting property into 2 detached single-family residential lots. Received 8/11/2016, Dick Edwards PH B The Grove Service Station B & A Enterprises 9871 and 9805 Maple Grove Parkway N PUD Concept and Development Stage Plan for the purpose of developing property into an automotive care facility to include a car wash, service, fueling pumps and convenience store. Received 8/15/2016, Dick Edwards PH C. The Woods at Rush Creek The Woods at Rush Creek Inc.

2 8. ADJOURNMENT 7681, 7675, 7575, 7555 Troy Lane and PID# PUD Concept and Development Stage Plan and Rezoning from R-A to R-2, PUD for the purpose of developing property into 76 detached single-family residential lots. Received 7/29/2016, Peter Vickerman ALL ITEMS ACTED ON BY THE PLANNING COMMISSION WILL BE FORWARDED TO THE CITY COUNCIL FOR ACTION AT THEIR NEXT REGULARLY SCHEDULED MEETING

3 DRAFT MAPLE GROVE PLANNING COMMISSION CALL TO ORDER A meeting of the Maple Grove Planning Commission was held at 7:00 p.m. on at the Maple Grove City Hall, Hennepin County, Minnesota. Chair Colson called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE ROLL CALL ITEMS TO BE REMOVED FROM THE AGENDA Planning Commission members present were Chair Larry Colson, David Hutchins, Lorie Klein, and Craig Lamothe. Absent was Vice- Chair Chris Ayika and Tony Marick. Present also were Karen Jaeger, City Council Liaison; Dick Edwards, Community Development Director; Peter Vickerman, City Planner; and Scott Landsman, City Attorney. None. CONSENT ITEMS The following Consent Items were presented for the Commission s approval: A. Regular Meeting July 25, 2016 B. Buhl ZS Center Table until 9/12/16 Buhl Maple Grove LLC Outlot A and B, Zachary Square Shopping Center PUD Concept Stage Plan for the purpose of developing property into 2 parcel for future retail development. C. Parnassus Preparatory School Addition & Renovation Buhl Investors ZS LLC Withdrawn th Avenue N PUD Concept Stage Plan for the purpose of constructing a 36,197 s.f. addition and renovation and related exterior improvements. Motion by Chair Colson, seconded by Commissioner Hutchins, to approve the Consent Items as presented. Upon call of the

4 Page 2 motion by Chair Larry Colson, there were four ayes and no nays. Motion carried. CONSIDERATION OF ITEMS PULLED FROM CONSENT AGENDA REVIEW OF THE CITY COUNCIL MINUTES FROM THEIR REGULAR MEETING OF AUGUST 15, 2016 OLD BUSINESS PUBLIC HEARING HY-VEE NORTH HY-VEE, INC. 99 TH AVENUE AND MAPLE GROVE PARKWAY PUD CONCEPT STAGE PLAN FOR THE PURPOSE OF DEVELOPING PROPERTY INTO A 96,000 S.F. GROCERY STORE WITH A 12,000 S.F. FUTURE EXPANSION AND 4,100 S.F. GAS/ CONVENIENCE None. Mr. Edwards reviewed with the Commission what items the City Council approved that was given direction at the Planning Commission level. Motion by Commissioner Lamothe, seconded by Commissioner Klein, to remove this item from postponement. Upon call of the motion by Chair Colson, there were four ayes and no nays. Motion carried. Mr. Vickerman stated the applicant is requesting a PUD Concept Stage Plan approval for the purpose of developing property into a 96,000 s.f. grocery store with a 12,000 s.f. future expansion and 4,100 s.f. gas/convenient store and an outlot for future residential development. The site is in total 20.3 acres in size and is guided for Commercial & Mixed Use Development. The site has two distinct areas, an upper area on the east side that is heavily treed and in a Tree Preservation Overlay District (T-Zone) which sits at, or a few feet above, the grade of 99 th Avenue; and a lower area that is currently farmed that sits feet below the grade of 99 th Avenue. The applicant is proposing to construct the grocery store near the center of the site with its front door facing west, have a parking field extending west across the site, and a gas station/convenience store on the western side of the site. The commercial portion is proposed

5 Page 3 STORE AND OUTLET FOR FUTURE RESIDENTIAL DEVELOPMENT to be approximately 13.3 acres in size and is generally in the lower area of the site. The applicant is showing a 7.1 acre outlot for a future high density residential use. High density residential is listed as an allowed use in the Mixed Use Development district with a maximum density of 22 units per acre. The high density area is generally in the upper area of the site. The site sits between 99 th Avenue and Highway 610, just east of Maple Grove Parkway. The Fairview Clinic is east of the site. Access: Access is proposed to come primarily from 99 th Avenue with four full movement intersections proposed. An additional right-in access is proposed from Maple Grove Parkway through property owned by the City of Maple Grove. The Maple Grove Parkway access does offer some benefits from a traffic access standpoint as it is an alternative from using 99 th Avenue and then taking a left into the site. It also creates more wetland impacts that will be discussed below. Staff notes that MnDOT has recommended removal of the access from Maple Grove Parkway, but they do not have jurisdiction over this portion of Maple Grove Parkway. City Engineering staff have found that it offers benefits to the overall traffic movement to the site. Wetland Impacts: The proposal has fairly significant wetland impacts. A fair amount of the lower portion of the site is classified as wetland. Some of this area has been farmed but the wet soils are considered wetlands. The applicant is proposing to fill approximately 2.9 acres of wetland, including some wetland on city-owned property for the proposed right-in access off of Maple Grove Parkway. Because of the extent of wetland fill that is being proposed, staff had this proposal reviewed by the Technical Evaluation Panel (TEP). The TEP is a group of officials from various agencies that reviews any wetland impacts against the various laws and regulations regarding wetlands. The panel consists of City staff and staff from other regulatory agencies (Hennepin County, State of Minnesota, Minnesota Board of Water and Soil Resources.)

6 Page 4 The TEP did review this and at a preliminary level found the proposed fill acceptable. The wetlands that are impacted are considered low-quality and the higher quality wetlands on the west and east sides are generally avoided. There will need to be some refinements to the plan for future, more detailed submittals. Also there is no specific mitigation plan that has been reviewed or approved. We note that at a Concept Plan level of approval, the City is not specifically approving the wetland fill as proposed or any mitigation plan. This Concept Plan approval is only approving conceptually the use on the site with the knowledge that there will be some wetland fill and mitigation required in the future. These detailed plans will follow in future submittals. Staff notes that any wetland fill and mitigation is subject to the approval of and permitting from the United States Army Corp of Engineers. 300-foot wetland setback: We note that the zoning code stipulates that any petroleum storage tank be setback from wetlands by 300 feet. Their tank location would not meet this setback but the applicant has noted that they have a dual lined tank with multiple sensors to detect any potential leaks and feel that this setback should not be applied. We note that the Minnesota Pollution Control Agency has specific regulations for underground storage tanks that the applicant must meet and these regulations do not have any specific setbacks requirements with regard to wetlands. We also note that a review of peer communities (Brooklyn Park, Plymouth, Minnetonka) also do not have a greater setback prescribed for petroleum storage other than their standard setbacks for buildings from wetlands and wetland buffers. Because of this, staff feels that flexibility with regard to this standard is acceptable. Tree Preservation Overlay: Lastly, the property is in a T-Zone. On the commercial site, the applicant is proposing to remove 85% of the caliper inches (1,888 inches removed / 2,204 inches total), whereas 72% is the limit before replacement is required. This would require 602 inches of replacement or trees. There is not enough room on their site to replace all the trees and so the applicant would propose to pay cash in lieu of planting trees. Any cash payment would be used for tree planting in other areas of the city. The applicant would not be developing the residential portion of their site and so tree removal estimates there are conceptual in nature

7 Page 5 but the current plan shows 43% removal in this location which is under the allowance of 51% removal in a residential Planned Unit Development. Because the sites will develop separately there is not an allowance to credit the excess removal on the Hy-Vee site with any savings on the residential site. We note that their tree inventory includes trees on the city property they are proposing to utilize for a right-in off of Maple Grove Parkway but these trees are not in a T-Zone and so do not figure into the calculations. Overall, between the two sites they are conceptually showing 46% removal which is a reasonable amount of removal for a project of such magnitude. Summary: The use of the site as a grocery store, convenience store with gas station, and high density residential conforms to the mixed use guiding of the site. All of these uses are acceptable under this guiding. Because of the environmental impacts to wetlands and trees, staff did have the applicant submit more detailed plans, but found after reviewing the more detailed plans that the proposed impacts appear to be acceptable. We note that this application is for Concept Plan approval only and more detailed plans would follow with a Development Stage Plan application at a later date. STAFF RECOMMENDATION: Motion to remove this item from postponement. Motion to recommend that the City Council direct the City Attorney to draft a Resolution approving the PUD Concept Stage Plan of Hy- Vee North for the purpose of developing property into a 96,000 s.f. grocery store with a 12,000 s.f. future expansion and 4,000 s.f. gas/convenient store and outlot for future residential development; subject to: 1. The applicant addressing to the satisfaction of the City any remaining applicable comments contained in the memorandum from the Superintendent of Parks and Planning dated March 13, Any proposed wetland fill and mitigation will be subject to the review and approval of the City of Maple Grove as well as any other required regulatory bodies.

8 Page 6 Discussion Commissioner Hutchins requested further information on projects within Maple Grove where wetlands have been impacted. Mr. Vickerman discussed the projects within the City that have impacted wetlands. Chair Colson asked what the grading and elevation difference was between the future residential area and the Hy-Vee store. Mr. Vickerman did not have the final grading plans. It was his understanding the site would be built up to accommodate the store. He believed a buffer zone would be created to the rear of the building. The applicant was at the meeting to answer questions. Phil Hoey, Hy-Vee representative, thanked staff for providing the thorough report. He explained Mr. Vickerman has been great to work with. He provided further comment on the difficulties he was facing in developing this property given the existing trees and wetlands. He discussed his plans for a buffer between the store and the residential area. Chair Colson questioned when a Development Agreement would be brought forward. Mr. Hoey stated he would begin working on this as soon as possible. Chair Colson opened the public hearing at 7:17 p.m. The public was asked by Chair Colson if they had any comments to make regarding this application. No one wished to address the Commission. Motion by Chair Colson, seconded by Commissioner Lamothe, to close the public hearing at 7:17 p.m. Upon call of the motion by Chair Colson, there were four ayes and no nays. Motion carried. Motion by Commissioner Hutchins, seconded by Commissioner Klein, to recommend that the City Council direct the City Attorney to draft a Resolution approving the PUD Concept Stage Plan of Hy-Vee North for the purpose of developing property into a 96,000 s.f. grocery store with a 12,000 s.f. future

9 Page 7 expansion and 4,000 s.f. gas/convenient store and outlot for future residential development; subject to: 1. The applicant addressing to the satisfaction of the City any remaining applicable comments contained in the memorandum from the Superintendent of Parks and Planning dated March 13, Any proposed wetland fill and mitigation will be subject to the review and approval of the City of Maple Grove as well as any other required regulatory bodies. Upon call of the motion by Chair Colson, there were four ayes and no nays. Motion carried. DISCUSSION ITEMS ADJOURNMENT There were no discussion items. Chair Larry Colson adjourned the meeting at 7:19 p.m. to the next regularly scheduled meeting of the Planning Commission scheduled for September 12, 2016.