HomeMy WebLinkAbout2020-11-24 CC Resolution 20-11-47 COPY
RESOLUTION NO. 20-11-47
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY LOWE'S HOME CENTERS, LLC FOR A PLANNED
UNIT DEVELOPMENT AMENDMENT TO ALLOW EXPANSION
OF THE GARDEN CENTER AND THE ADDITION OF A GATE AT
THE REAR DRIVE AISLE AT 5888 NOVA SCOTIA AVENUE
NORTH BE APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from Lowe's Home
Centers,LLC for a Planned Unit Development Amendment to allow expansion of the
garden center and the addition of a gate at the rear drive aisle at 5888 Nova Scotia
Avenue North; and after having conducted a public hearing relative thereto,the Planning
Commission of Oak Park Heights recommended that the application be approved with
conditions. The City Council of the City of Oak Park Heights makes the following
findings of fact and resolution:
1. The real property affected by said application is legally described as
follows,to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is zoned B-4 Limited Business District in which retail uses
are a permitted use; and
4. The CSM development which includes the Lowe's Home Center was
approved as a Planned Unit Development by the City Council on November 22,2005;
and
5. A Planned Unit Development Amendment is required for the expansion of
the garden center and addition of the gate in that the improvements alter the original site
plan for the site; and
•
6. The 5,530 square foot expansion of the garden center will assure that all of
the materials for sale are stored within the screened area and the gate will provide
additional screening to the residential properties to the east; and
7. City staff prepared a planning report dated November 5,2020 reviewing
the request; and
8. Said report recommended approval of the application in that the project is
in conformance with the criteria for Planned Unit Development approval. Said
recommendation was subject to the fulfillment of conditions; and
9. The Planning Commission held a public hearing at their November 12,
2020 meeting,took comments from the applicants and public, closed the public hearing,
and recommended that the application be approved with conditions.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES
THE FOLLOWING:
A. The application submitted by Lowe's Home Centers, LLC for a Planned Unit
Development Amendment to allow expansion of the garden center and the addition of a
gate at the rear drive aisle at 5888 Nova Scotia Avenue North and affecting the real
property as follows:
SEE ATTACHMENT A
Be and the same as hereby approved by the City Council of the City of Oak Park Heights
with the following conditions:
1. All light fixtures shall be full cut off and be consistent with Section 401.1 5.B.7
of the Zoning Ordinance as it relates to lighting requirements. No light source or
combination thereof which cast light on adjacent property exceed four-tenths
(0.4) foot candles as measured at the property line. The maximum height above
the ground grade allowed for light sources mounted on a pole shall not exceed
twenty-five(25) feet.
2. All gates and fencing shall be constructed with tubular steel. No chain link fence
shall be allowed.
3. No merchandise or storage of items shall be stored above the garden level fence
on the west side of the building.
4. All conditions of the PUD approvals granted on November 22,2005 and the CUP
granted on June 19,2007 shall remain in effect and will be enforced.
2
Approved by the City Council of the City of Oak Park Heights this 24th day of
November 2020.
4
r
f o .er,Mayor
ATTES
Ji/
E*FAA r7 , ity Administrator
3
ATTACHMENT A
0
PUD Amendment
Lowe's Home Improvement Store
Garden Center Area Expansion
5888 Nova Scotia Ave.N.
Washington County Parcel ID Numbers: 05.029.20.11.0054
Legal Description: Lot 2, Block 1, Oak Park Commons
t
ATTACHMENT B
=� ,.
A
.
PUD Amendment
Lowe's Home Improvement Store
Garden Center Area Expansion
5888 Nova Scotia Ave. N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (350'/150' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
Planning Commission Public Hearing& Recommendation:November 12, 2020
Required Approvals: PUD Amendment
City Council 4/5
PUD Amendment:
Unless a General Plan of Development covering the area designated as in the General Concept
Plan as the first stage of the PUD has been filed within twelve(12)months from the date Council
grants General Concept Plan approval, or in any case where the applicant fails to file General
Plan of Development Stage and Final Plans and to proceed with development in accordance with
the provisions of this Ordinance and of an approved General Concept Plan,the approval may be
revoked by Council action. (401.06.C.2.e)