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HomeMy WebLinkAbout2005-04-26 CC Meeting Packet EnclosureOriginating DepartmentiReques Requester's Signature: Please see enclosed from Scott Richards. 1. Planning Report. 2. Planning Commission Resolution. 3. City Council Resolution. Oak Park Heights Request for Council Action Meeting Date A ril 26 2005 Agenda Item Title: Lowe's Planned 'Unit Development/ Conditional Use Permits/Sign Variance Time: 15 minutes Agenda Placement New Business Action Requested: view an sider Resolution Eric on, City Administrator ENCLOSURE 6 Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: MEMORANDUM DATE: February 3, 2005 TO: Eric Johnson FROM: Scott Richards RE: Lowe's of Oak Park Heights NAC FILE: 798.02 -- BACKGROUND Attached for reference: Land Title Survey and Topographic Map Site Plan Grading and Drainage Plan Utility Plan Landscape Plan Memo from Kathy Widin, City Arborist Building Elevations s 4800 Olson Memorial Highway, Suite 202, Golden v=alley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners @ri acpIann ing. co ■r; ki Lowe's Home Centers, Inc. is requesting CUP /PUD approval. The 12.6 acre site is located at the intersection of State Highway 5 and 58 Street North adjacent to S & C Bank. The site is zoned B--3, Highway Business and Warehousing District. The project will consist of a Lowe's Home Improvement store containing a total of 167,584 square feet, including a garden center. The store will face 58 Street North with most of the 521 parking spaces located between the store and 58 Street. The store will include a covered loading area I n additional to the CUP/PUD approval, the following additional applications have been made: O A conditional use permit for a parapet that exceeds the maximum allowed under Section 401.15.C.4. ! A conditional use permit to allow reduction in the number of parking spaces required under Section 401.15.F.9.00 i A conditional use permit to exceed the allowable area for signage. O A variance to allow signage exceeding the number allowed under Section 401.15.G.9.d. Exhibit 8: Exhibit 9: Exhibit 10: Exhibit 11: Exhibit 12: Exhibit 13: ISSUE ANALYSIS Building Material Percentage Study Building Perspective Signage Plan Lighting & Photometric Plan Lighting Specifications Traffic Study Zoning. The project site is zoned B -2, Highway Business and Warehousing District. The purpose of the District is to provide for the establishment of retail and wholesale sales, storage, warehousing and limited manufacturing and production. The proposed Lowe's store is compatible with the purpose of the District and the Comprehensive Plan. Subdivision. The project site is on one existing parcel. No subdivision is required. Site Access. The primary access to the store will be on Morning Dove Avenue off of 58 Street North. The applicant and City Staff are proposing that Morning Dove Avenue be vacated and converted to a private drive. The vacated street would include access easement for S & C Bank and utility easements. The Planning Commission should make a recommendation on the vacation of Morning Dove Avenue. The City Council will hold a pubic hearing on the vacation proposal. Two other access points will be 400 feet apart on Memorial Avenue North. One of these points will serve primarily for truck access to the back of the building. There will be no direct access to Highway 5. The curb cuts for these access points are 45 feet and 50 feet. The curb cuts are subject to review and approval of the City Engineer. Lot Coverage. The B -3 District requires that no less than 20 percent of the site be green or landscaped. The project plans shows that this minimum requirement is met. Setbacks. All parking areas are to be setback at least 10 feet from the property line. Project plans indicate conformance with this requirement. The proposal also conforms to all building setback requirements. I n the B -8 District these requirements are: Front Setback Side Setback Rear Setback 40 feet (Highway 5 and 58 Street) 10 feet (Morning Dove Ave.) 20 feet (Rear property line) 2 Traffic Generation. A traffic analysis was provided in January 2005 for three intersections: Highway 5 and 58 Street North. 58Th Street North and Morning Dove Avenue and 58 Street North and Memorial Avenue North. The analysis indicates that there is little change in the level of service due to the Lowe's store. West bound traffic on 58 Street should not affect access into the Lowe's site at Morning Dove Avenue. The report recommends that the west approach to the Highway 5 and 58 Street intersection be signed and striped to indicate a shared left turn /through lane and a shared through /right turn lane. Lowe's is working with MnDot on signal timing and traffic flows to minimize the impacts of traffic generated by the project. The City Engineer will recommend upgrades in his report. Off-Street Parking. According to Section 401.15.F of the Zoning Ordinance, retail stores are to provide 1 parking space for each 200 square feet of floor space. The required spaces for the 167,584 square foot store, less 10 percent, is 754 spaces. The applicant is proposing 521 spaces including 12 handicapped spaces. The Council has approved previous reductions in parking requirements for commercial developments. The preference of the retail tenant for reduced parking is given considerable weight as it reduces the amount of impermeable surface and reduces stormwater runoff. The proposed reduction in parking is recommended. Lowe's will be providing information to support the proposed reduction. A conditional use permit is required to allow the reduction. Grading and Drainage. Grading and drainage plans have been submitted for review. The plans show a stormwater pond behind the building on the south. The pond is part of a larger detention pond located on the adjacent parcel containing an office strip center. An erosion control plan has not been submitted. The grading, drainage and erosion control plan are subject to review and approval by the City Engineer and Browns Creek Watershed District. Utilities. The City Engineer and Public Works Director have indicated that the existing utilities can adequately serve the proposed development. The submitted utility plan should be reviewed and approved by the City Engineer. Loading Areas. Loading is provided for in two areas at the rear of the building. Both areas provide adequate maneuvering space for trucks. Additional screening is recommended around the loading area serving the garden center. Some screening is currently provided, however, this area is close to Highway 5 and thus visibility is a concern. Building Height. The B-3 District specifies a maximum building height of 35 feet. Most of the building is 29 feet high. However, the peaks of two cornices rise above this. The Zoning Ordinance allows for cornices to rise three feet over the 35 foot maximum, however, both cornices exceed this allowance. One rises to nearly 39 feet and the other cornice over the main entrance rises to 49 feet. 3 Section 40t .'I 5.C.4. allows these maximums to be exceeded by conditional use p ermit. Building Height Conditional Use Permit The City council and Planning Commission shall consider possible adverse effects of the conditional use. Their judgment shall be based upon, but not limited to, the following factors: a. Relationship to the specific policies and provisions of the municipal comprehensive plan. b. The conformity with present and future land uses in the area. c. The environmental issues and geographic area involved. d. Whether the use wilt tend to or actually depreciate the area in which it is proposed. e. The impact on character of the surrounding area. f. The demonstrated need for such use. g. Traffic generation by the use in relation to capabilities of streets serving the property. h. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. i. The proposed use's conformity with all performance standards contained herein ( i. e.,parking,loading,noise,etc.). The request for the additional height of the cornices attempts to add visual interest by adding variation and articulation to the facade of a very large big box building. The proposed heights result in cornices that are scaled appropriately to the overall mass of the main building structure. The Br-3 District is designed for large buildings that are setback a great distance from the street. The Lowe's project is a use in this District that is supported by the Comprehensive Plan. The height of the cornices will have no impact on surrounding uses, traffic generation or the provision of public services. Approval of the Conditional Use Permit to allow the two cornices to exceed the height is recommended. Landscaping. A landscape plan has been submitted for review. Comments on the landscape plan have been provided by the City Arborist and are found in Exhibit 6. The landscape plan is subject to review and approval by the City Arborist. HVAC and Trash Screening. The site plan shows a trash compactor and electrical equipment located near the rear loading areas. It is not clear from the plan how these areas are architecturally incorporated into the main building structure or what materials are being used to screen it. It is also not clear if rooftop HVAC equipment will be visible from ground level. Additional information needs to be provided to clarify these concerns. 4 Lighting. A lighting plan has been submitted for review. According to the Ordinance, no light source or combination thereof may cast light on a public street that exceeds one foot - candle meter reading as measured from the centerline of such street. Parking lot lighting wilt be standard shoe box fixtures with full cut off. The total height to the top of the fixtures will be 25 feet. The applicant has provided specifications for parking lot lighting (Exhibit 12). Wall lighting is proposed for the two side walls and rear wall of the structure. The applicant will need to provide specific detail for ail side wall lighting. The photometric plan (Exhibit 1 1) is consistent with the Zoning Ordinance lighting standards. Signage. Three wall signs and one freestanding sign have been proposed for the project (Exhibit 10). The freestanding sign is a monument type sign that is 20 feet high. It will be located along Highway 5 adjacent to the S & C Bank parcel. This sign conforms to Code requirements. Required and Proposed Si nape For wall signs, the Ordinance allows a total sign area of up to 15 percent of a facade, not exceeding 300 square feet. Sign areas exceeding the allowable area of 300 SF but less than 15 percent of the facade may be allowed by conditional use permit. This situation applies to this project. Exceeding the allowable area will have little visual impact due to the minimal percentage of area devoted to signage this project is proposing. In evaluating this change using the above listed criteria for CUPs, the proposed signage will have no negative impact on surrounding uses, traffic or the provision of public services. Approval of a CUP is recommended. The Zoning Ordinance allows two wall signs, whereas this project proposes three. A variance is being requested to allow one additional sign. One of the signs is the Lowe's name and the other two are directional signs, one for the garden center and the other for the indoor lumber yard. I n considering all requests for a variance and in taking subsequent action, The Planning Commission and City Council shall make a finding of fact that the proposed action wilt not: S Percentage Allowable Percentage Proposed Allowable Sign Area Sign Area Proposed Number of signs allowed Number of signs Proposed Wall Up to 15% 3.4% 300 SF 490 SF 2 3 Freestanding N/A N/A 100 SF up to 20 feet high 51 SF, 20 feet high 1 1 Lighting. A lighting plan has been submitted for review. According to the Ordinance, no light source or combination thereof may cast light on a public street that exceeds one foot - candle meter reading as measured from the centerline of such street. Parking lot lighting wilt be standard shoe box fixtures with full cut off. The total height to the top of the fixtures will be 25 feet. The applicant has provided specifications for parking lot lighting (Exhibit 12). Wall lighting is proposed for the two side walls and rear wall of the structure. The applicant will need to provide specific detail for ail side wall lighting. The photometric plan (Exhibit 1 1) is consistent with the Zoning Ordinance lighting standards. Signage. Three wall signs and one freestanding sign have been proposed for the project (Exhibit 10). The freestanding sign is a monument type sign that is 20 feet high. It will be located along Highway 5 adjacent to the S & C Bank parcel. This sign conforms to Code requirements. Required and Proposed Si nape For wall signs, the Ordinance allows a total sign area of up to 15 percent of a facade, not exceeding 300 square feet. Sign areas exceeding the allowable area of 300 SF but less than 15 percent of the facade may be allowed by conditional use permit. This situation applies to this project. Exceeding the allowable area will have little visual impact due to the minimal percentage of area devoted to signage this project is proposing. In evaluating this change using the above listed criteria for CUPs, the proposed signage will have no negative impact on surrounding uses, traffic or the provision of public services. Approval of a CUP is recommended. The Zoning Ordinance allows two wall signs, whereas this project proposes three. A variance is being requested to allow one additional sign. One of the signs is the Lowe's name and the other two are directional signs, one for the garden center and the other for the indoor lumber yard. I n considering all requests for a variance and in taking subsequent action, The Planning Commission and City Council shall make a finding of fact that the proposed action wilt not: S a. Impair an adequate supply of light and air to adjacent property. b. Unreasonably increase the congestion in the public street. c. Have the effect of allowing any district uses prohibited therein, permit a lesser degree of flood protection than the flood protection elevation for the particular area, or permit standards which are lower than those required by State law. d. Increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Ordinance. f. Violate the intent and purpose of the Comprehensive Plan. Allowing a third sign will not cause any of the above listed negative impacts and the Planning Commission and City Council may make such findings. To grant a variance, the additional sign must be found to not violate any of the terms or following conditions: 1. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. A) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. B) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Title. C) Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. 2. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance or deny the applicant the ability to put the property in question to a reasonable use. 3. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. 4. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district under the same conditions. 5. The request is not a result of non - conforming lands, structures or buildings in the same district. 6. The request is not a use variance. 7. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. 6 8. The request does not create an inconvenience to neighboring properties and uses. The Planning Commission and City Council should consider the above listed criteria in determining whether a variance is justified. Lowe's is essentially one store offering multiple services that are often provided by separate stores. The directional signs for the indoor lumber yard and garden center are necessary conveniences for customers to direct them to two of the major services offered within this one store. The strict interpretation of the code would deprive Lowe's the customer communication that would be available to stores located in a multi - tenant commercial center. Approval of the variance is recommended. Architectural Appearance. The proposed development is subject to the City's Design Guidelines that apply to all new commercial development in the City. Site Design. The project consists of one building fronted by a parking lot. The building is p laced with the long dimension perpendicular to Highway 5. This arrangement along with the S &C Bank's location along Highway 5 works to hide and minimize the perceived size of the parking lot from the highway. The long dimension of the parking rows are perpendicular to 58 Street North. The parking lot contains a number of large landscaped curb islands that help to break up the size of the lot. The parking lot is well buffered from surrounding streets. Pedestrian circulation has not been included within the development or to connect it to adjacent parcels or community trails or sidewalks. Building Architecture. The building is classic franchise architecture, similar in material and scale to Lowe's built throughout the country. There are no details or materials that respond to the site in Oak Park Heights or the Midwest region. The building contains facade and roof articulation and variation in color and material to create visual interest and is similar to other recent deveiopments in the area. The building colors are primarily warm earth tones (salmon and beige). Less than 30 percent of the building is blue. No grade 1 materials are used in the structure. Thirty three percent are grade 11 materials (precast concrete panels) and 50 percent are grade 111 materials (E.LF.S. and metal). Elevations for the sides and back of the building are not provided, but it appears from the provided perspective drawing that these other walls contain large expanses of blank walls. Some articulation through use of vertical pilasters on the building wall facing Highway 5 are shown on the perspective. However there are only five shown on the 360 foot wall. The Planning Commission and City Council should comment on the building's architecture and its deviation from the City's design standards. 7 CONCLUSIONS/RECOMMENDATIONS The proposed project is consistent with the Comprehensive Plan and the B -3 Zoning District. Based upon the preceding review, our office recommends approval of the following: O PUD /CUP ■ Conditional Use Permit for a reduction in parking G Conditional Use Permit for Building Height • Conditional Use Permit for walls signs to exceed the allowable area. • Variance to allow three signs. With the following Conditions: 1. City Engineer review and approval of access curb cuts. 2. Inclusion of City Engineer recommendations for road and traffic upgrades at Highway 5 and 58 Street North. 3. The grading, drainage and erosion control plan are subject to review and approval by the City Engineer and Browns Creek Watershed District. 4. The submitted utility plan should be reviewed and approved by the City Engineer. 5. Submittal of additional information showing how the trash area, HVAC and electrical equipment will be screened from view subject to review and approval of City Engineer and Arborist. 6. Additional information providing specific detail on side wall lighting. T Review and approval by the City attorney of the utility easement in the vacated Morning Dove Avenue. 8. The Planning Commission should comment on the building architecture, materials and color for conformance to the City's Design Guidelines. 9. Submittal of an erosion control plan and approval by the City Engineer. 1 o.Additional screening around the loading area next to Highway 5 subject to review and approval of City Arborist. 11. Review and approval of the landscape plan by the City Arborist. 12.lnformation provided by applicant from other stores showing that the proposed reduced parking spaces are sufficient to meet customer parking needs. 8 A RECOMMENDING RESOLUTION OF THE PLANNING CONIM[SSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLLSHING FINDINGS OF FACT AND RiCOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY LOWE'S HOME CENTERS INC. FOR A PLANNED UNIT DEVELOYMENT(CONDITIONAL USE PERMIT, A CONTflTIONAL USE PERMET FOR REDUCTION IN PARKING, A CONDITIONAL USE PERMIT FOR BUILDING HEIGHT, A CONDITIONAL USE PERMIT FOR OPEN AND OUTDOOR SALES AND STORAGE, MW A CONDITIONAL USE PERMIT AND VARIANCE FOR SIGNAGE SHOULD BE APPROVED WITH CONDI'T'IONS WHEREAS, the City of Oak Park Heights has received a request from Lowe's Home Centers Inc. for a planned unit development/conditional use permit, a conditional use . permit ait for reduction in parking, a conditional use permit for building height, a conditional.. use permit for open and outdoor sales and outdoor storage, and a conditional use permit and variance for s1 a e; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following :findings of fact: The real property affected by said application is legally described as follows, to wit: • and and SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACH- I1vIENT B 1 a The subject site is zoned B -3, Highway Business /Warehouse in which retail establishments, as proposed, are a permitted use; and 4. City staff prepared a planning report dated February 3, 2005 reviewing the applications; and 5. Said report recommended approval of the applications subject to the fulfillment of conditions; and 6. The Planning Commission held a public hearing at their February 10, 2005 meeting, took comments from the applicants and public, closed the public healing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK MGR`S THAT TEE PLANNING • COMMISSION RECOMMENDS THEE FOLLOWING: A. The application submitted by Lowe's Home Centers Inc. for a planned unit development/conditional use permit, a conditional use permit for reduction in parking, a conditional use permit for building height, a conditional use permit for open and outdoor sales and outdoor storage, and a conditional use permit and variance for signage and affecting the read. property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval of the following: Planned unit developmenticonditional use permit e Conditional use permit for reduction in parking • Conditional use permit for building height O Conditional use permit for open and outdoor sales and outdoor storage Conditional use permit for wall signs to exceed the allowable area variance to allow three signs And subject to the following conditions: 1. City Engineer review and approval of access curb cuts. 2. Inclusion of City Engineer recommendations for road and traffic upgrades at Highway 5 and 58 Street North and on Memorial Avenue North. 3, The grading, drainage and .erosion control plan are subject to review and approval by the City Engineer and Browns Creek Watershed District. 4. The submitted utility plan should be reviewed and approved by the City Engineer. 5. Submittal of additional information for City Council review showing how the trash area, HVAC and electrical equipment will be screened from view subject to review and approval of the City. 6. The applicant shall provide a detailed plan for building lighting subject to City Council review. There shall be no flood lighting of building facades. 2 7. The Platrnin.g Commission .recommends approval of the - vacation of Morning Dove Avenue. 8. Review and approval by the City Attorney of the utility easement in the vacated Morning Dove Avenue. .. 9. The applicant shall provide options for City Council review on changes to the front facade and the Lowe's sign area to reduce the mass and scale through detailing and color changes. 10. Submittal of an erosion control plan and approval by the City Engineer. 11. Additional screening shall be provided around the loading area next to Highway 5 subject to review and approval of the City Arborist. The applicants shall revise the plan on the Highway 5 frontage to provide more plant variety and visual interest subject to review of the City Arborist. 12. Review and approval of the landscape plan by the City Arborist. 13. The applicant shall provide a minimum of 500 parking spaces on site. 14. The applicant shall provide a revised outdoor sales area plan based upon Planning Commission comments and subject to review and approval of the City Council. Recommended by the Planning Commission of the City of Oak Park Heights this 10 day of February 2005. 3 Attachment A Legal Description: Lot 2, Block 1, Oak Park Station ATTACHMENT B Planned Unit Development (PUD)/Conditional Use Permit (CUP) & Variance Lowe's Home Center Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) Conference With City Staff Upon Application Submittal: January 26, 2005 Planning Commission Public Hearing & Recommendation: February 10, 2005 Required Approvals: Planning Commission 3/5 City Council 4/5 Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve ( months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) Variance — Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the variance shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building structure, addition or alteration, or use requested as part of this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.4.0 .1 — 401.4.C.2) and RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHIIVG FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY LOWE'S HOME CENTERS INC. FOR A PLANNED UNIT DEVELOPMENT/CONDITIONAL USE PERMIT, A CONDITIONAL USE PERMLT FOR REDUCTION IN PARKING, PARNG, A CONDITIONAL USE PERMIT FOR BUILDING HEIGHT, A CONDITIONAL USE PERMIT FOR OPEN AND OUTDOOR SALES AND STORAGE, AND A CONDITIONAL USE PERMIT AND VARIANCE FOR SIGNAGE BE APPROVED WITH CONDITIONS �l1A , the City of Oak Park Heights has received a request from Love's Home Centers Inc. for a planned unit development/conditional use permit, a conditional use permit for reduction in parking, a conditional use permit for building height, a conditional use permit for open and outdoor sales and outdoor storage, and a conditional. use permit and variance for signage; and after having conducted a public bearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council makes the following findings of fact and resolution: L 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 3. The subject site is zoned B-3, Highway Business /Warehouse in which retail establishments, as proposed, are a permitted use; and 4. City staff prepared a planning report dated February 3, 2005 reviewing the applications; and 5. Said report recommended approval of the applications subject to the fulfillment of conditions; and 6. The Planning Commission held a public hearing at their February 10, 2005 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the request be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CTI''Y COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Lowe's Home Centers Inc. for a planned unit development/conditional use permit, a conditional use permit for reduction in parking, a conditional use permit for building height, a conditional use permit for open and outdoor sales and outdoor storage, and a conditional use permit and variance for signage and affecting the real property as follows: SEE ATTACHMENT NT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights is the following: Planned unit development/conditional use permit 0 Conditional use permit for reduction in parking Conditional use permit for building height Conditional use permit for open and outdoor sales and outdoor storage Conditional use permit for wall signs to exceed the allowable area Variance to allow three signs And subject to the following conditions: 1. City Engineer review and approval of access curb cuts. 2. Inclusion of City Engineer recommendations for road and traffic upgrades at Highway 5 and 58 Street North and on Memorial Avenue North. 3. The grading, drainage and erosion control plan are subject to review and approval by the City Engineer and Browns Creek Watershed District. 4. The submitted utility plan should be reviewed and approved by the City Engineer. 5. Submittal of additional information for City Council review showing how the trash area, HVAC and electrical equipment will be screened from view subject to review and approval of the City. 2 6. The applicant shall provide a detailed plan for building lighting subject to City Council review. There shall be no flood lighting of building facades. 7. The Planning Commission recommends approval of the vacation of Morning Dove Avenue. 8. Review and approval by the City Attorney of the utility easement in the vacated Morning Dove Avenue. 9. The applicant shall provide options for City Council review on changes to the front facade and the Lowe's sign area to reduce the mass and scale through detailing and color changes. 10. Submittal of an erosion control plan and approval by the City Engineer. 11. Additional screening shall be provided around the loading area next to Highway 5 subject to review and approval of the City Arborist. The applicants shall revise the plan on the Highway 5 frontage to provide more plant variety and visual interest subject to review of the City Arborist. 12. Review and approval of the landscape plan by the City Arborist. 13. The applicant shall provide a minimum of 500 parking spaces on site. 14. The applicant shall provide a revised outdoor sales area plan based upon Planning Commission comments and subject to review and approval of the City Council. 15. A condition of this approval is that the Applicant enter into a Development Agreement as prepared by the City Attorney and approved by the City Administrator containing provisions including but not limited to, the construction and placement of financial security for site improvements, payment of applicable city connection and park dedication fees, placement of financial security and requirements for extension andlor construction of City roadways, utilities for the site and related water, sanitary sewer and storm sewer improvements. ATTEST: Approved by the City Council of the City of Oak Park Heights this 26 day of April 2005. Eric A. Johnson, City Administrator David Beaudet, Mayor 3