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Home My WebLink About2005-04-26 CC Resolution #05-04-18and RESOLUTION NO. ..15,,.0 4 -18 CITY COUNCIL CITY OF OAK PARK HEIGHTS WAS�OTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COIINCIL TIIAT THE REQUEST BY LOWE'S HOME CENTERS INC. FOR A PLANNED UNIT DEVELOPMENT /CONDITIONAL USE PERMIT, A CONDITIONAL USE PERMIT FOR REDUCTION IN PARK1NG, A CONDITIONAL USE PERMIT FOR BUILDING HEIGHT, A CONDITIONAL USE PERMIT FOR OPEN AND OUTDOOR AND STORAGE, AND A CONDITIONAL USE PERMIT AND VARIANCE FOR SIGNAGE BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Lowe's Home Centers Inc. for a planned unit developmenticonditional. 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 hearing 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: 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 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 fulfilment 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, TREREFORE, 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 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 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 O 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 O Variance to allow three signs And subject to the following conditions: 1. City Engineer review and approval of access curb cuts. 2. All City Engineer ineer recommendations for road and traffic upgrades at Highway 5 and 58 Street North and on Memorial Avenue North shall be implemented by the applicant. 3. The applicant shall work with the City Engineer on potential sidewalk locations for 58 Street and Memorial Avenue based upon the City's Park and Trail Plan. Required trails shall be installed by the applicant. 4. The grading, drainage and erosion control plan are subject to review and approval by the City Engineer and Browns Creek Watershed District. 5. The submitted utility plan should be reviewed and approved by the City Engineer. 2 6. The back of the front facade parapet structures, including all structural steel, shall be painted to match the building facade colors. 7. The applicant shall provide full cut off shoe box style building and parking lot lighting pp p for the site subject to review and approval of City staff. There shall be no flood lighting of building facades. 8. The City Council agrees that it will consider a vacation of Morning Dove Avenue. 9. Review and approval by the City Attorney of the utility easement in the vacated Morning Dove Avenue. 10. The Ci ty approved a roved the revised front facade design and Lowe's sign as presented at the April 26, 2005 City Council meeting with plans dated April 26, 2005. 11. The applicant shall be required to remove the front facade parapets so that the building i complies with. the 35 foot height limit if the Lowe's store at this location ceases operations. 12. Submittal of an erosion control plan and approval by the City Engineer. 13. 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 interest frontage to provide more plant variety and visual nterest subject to review of � y the City Arborist. 14. Review and approval of the landscape plan by the City Arborist. 15. The applicant shall provide a minimum of 500 parking spaces on site. The City Council i shall review the parking requirements for the building before a new tenant is allowed an occupancy permit if the Lowe's store at this location ceases operations. 16. plan presented revised outdoor sales area lan resented at the April 26, 2005 City Council meeting with plans dated April 26, 2005 is approved. 17. 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 and/or construction of City roadways, s, utilities for the site and related water, sanitary sewer and storm sewer improvements. 3 Approved by the City Council of the City of 0 Dav d Beaude ayor 4 ghts this .' d . = of April 2005. irt ei it, too. &Lock Calc Panc 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 1 1 X1 7 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 (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 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.4a 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)