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Requester's Signature
Action Requested pprov Rei.•
Page 69 of 97
Oak Park Heights
Request for Council Action
Meeting Date June 12, 2007
Time Required:
•,
5 Minutes
Agenda Item Title: Lowe',§ 7 , Conditional Use Pqmit —0 )en & Outdoor Stora
Agenda Placement Nqw Business
son CityAcirginistrator
lutign with Conditions
Please see enclosed from Scott Richards, City Planner:
Staff Report dated June 6 2007 (attachments can be found in the June
Planning Commission packet)
2. Planning Commission Resolution — Unsigned
3. Proposed City Council Resotution.
•
Background/Justification ease indicate if any previous action has been taken or if other public
bodies have advised):
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: June 6, 2007
RE: Oak Park Heights — Loge's Home Center: conditional Use
Permit for Outdoor Storage
FILE NO: 798402 ---- 07.04
BACKGROUND
Ozark civil Engineering, on behalf of Lowe's Home Centers, has made application for a
conditional use permit to allow open and outdoor storage of truck trailers to enclose
pallets and used appliances on the south side of the store, located at 5780 Nova Scotia
Avenue North. Three delivery trucks will also be stored within the storage area on the
south side of the store, To screen the trailers and the delivery trucks, additional fencing,
barring and landscaping will be constructed.
The subject site is currently zoned Bµ4, Limited Business District. Open and outdoor
storage is a listed conditional use within the D-4 District. Approval of the PUD general
plan for the Lowe`s Store was granted by the City Council in November of 2005.
Attached for reference:
Exhibit 1:
Exhibit 2:
Exhibit 3:
Exhibit 4:
Exhibit 5:
Exhibit 6:
Exhibit 7:
Page 70 of 97
NORTHWEST ASSOC ATED CONSULTANTS, INC.
480o Olson Memorial Highvvay, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2556 Facsimile: 763.2; 1 .256 1 piari ner a q,nacplanning.corn
Site Plan
Grading and Drainage Plan
Landscape Plan
Detail Plan (Drawing 12)
Detail Plan (Drawing 17)
May 15, 2007 Letter from m Robert Fie big
Site Photographs (to be distributed at meeting)
ANALYSIS
Comprehensive Plan. The Comprehensive Plan guides the subject site for
commercial land use and as such, the retail development is in compliance with the
Comprehensive Plan.
Zoning. The subject site is zoned B-4, Limited Business District. The retail
development is allowed under the B-4 District and open and outdoor storage is a listed
conditional use. The PUD approval in November of 2005 included allowances for areas
of outdoor sales and storage in the front of the store. No outdoor storage was allowed
for the rear or sides of the store (except for the garden center) as pad of the original
approvals. A conditional use permit is required to allow the requested outdoor storage
at the rear of the store,
Project Description. The applicant has requested that two truck trailers be parked for
storage at the rear of the Lowe's Store. One trailer would be used for storage of used
appliances that are later recycled, The full trailers would be removed approximately
once or twice a week with the frequency dependent upon the volume of merchandise to
be removed. A second trailer would be used for storage of pallets, As with the
appliances, the pallets are recycled and will be removed approximately once a week, or
pry p
as required. The trailers will require approximately a 12 foot width and are to be parked
on the south curb line of the driveway. The trailer height is 13 feet.
Lowe's also p
oses ro parking two box trucks and a flat bed truck that are used for
p p
deliveries in this area. The delivery trucks are currently stored overnight in the
southwest corner of the Lowe's lot. Staff has suggested that the trailers be moved
along the south curb line adjacent to the proposed trailer location, The revised site plan
reflects the new storage area for the trucks on the south curb line.
Proposed Screening and Landscapinc . The plans indicate how the storage area will
be screened and landscaped from 58 Street and Nova Scotia Avenue. From the
south, the existing six foot berm and eight foot fence and landscaping will provide more
than adequate screening. From the east, the storage area would be visible from Nova
Scotia and the townhore development. The plans indicate constructing a five foot
retainin g wait with an eight foot solid fence and landscaping on the east side of the
storage area to block views from Nova Scotia. On the southwest corner of the property,
the berm and fence will be extended from the south side along the west property line,
approximately 110 feet to the north. The berm is proposed at two feet with a 10 foot
Ip y
fence to match the existing. The Zoning Ordinance allows for up to eight foot fences for
screening although a 10 foot fence can be approved by the City Council.
The final berming, landscaping and fencing pans shall be subject to review and
approval by the City Engineer, City Arborist and City Planner. All fencing, screening
pp Y � � �' Zoning Ordinance.
and landscaping shall be in compliance with Section 01.1 5, E of the Zo g
Other Screening issues. A site review has shown that landscape materials are being
stored above the fence of the garden center. As a result, the materials are clearly
Page 71 of 97
visible from 58' Street, All merchandise will be required to be stored below the garden
center fence,
Additionally, merchandise is visible through the fence on the east side of the site,
adjacent to Nova Scotia Avenue. A screening device will need to be added so as to
make the merchandise less visible from the street,
Conditional Use Permit Criteria. Section 401.301.E.4 of the Zoning Ordinance lists
the criteria for review of open and outdoor storage. Review of these criteria for this
application is as follows:
a, The area is fenced and screened from view of neighboring residential uses or if
abutting a residential district in compliance with Section 401,15.E of this
Ordinance.
Provisions for additional screening are being addressed as part of the
conditional use permit approvals
Storage is screened from view from public right -of -way in compliance with
Section 401 . 5. E of this ordinance
Additional bearing, fencing and landscaping is to be added to screen the
storage areas.
c. Storage area is grassed or surfaced to control dust,
The storage area is already surfaced with concrete,
d. All lighting shall be hooded and so directed that the light source shall not be
visible from the public right -of -way or from neighboring residences and shall be in
compliance with Section 401,15.B.7 of this Ordinance.
No changes to lighting are proposed as part of this application.
0. The provisions of Section 401.03.A.8 of this Ordinance are considered and
satisfactorily met.
There should be no adverse or negative impact to the health, safety or
welfare of the city or surrounding neighborhoods as a result of this
application,
Lighting and Signage. There are no lighting or signage issues related to this
application.
Design Guidelines. There are no conformance issues related to Design Guidelines
for this application.
Page 72 of 97 3
CONCLUSION /RECOMMENDATION
applicant has submitted necessary a
f pitted the materials for the proposed application, The
�
proposed outdoor storage and new landscaping, fencing and bernning are consistent
with the requirements s of the Zoning Ordinance and Design Guidelines, as well as the
�
direction of the Comprehensive rehensive Plan. Based upon the information contained in this
report, our office recommends ends a roval of the conditional use permit for open and
outdoor storage subject to the following conditions:
1. ill outdoor storage e of truck trailers, box trucks, and flat bed trucks shall be within
the areas indicated d in the site plan dated June 4, 2007. No more than two truck
trailers and a total of three delivery trucks shall be stored at one tire.
p
2. The ber r�rng,
landscape and fencing plans shall be subject to review and
approval of the City Engineer, City Arborist and City Planner.
3, No merchandise or storage items shall be stored above the garden center fence
�m��c_ Vtrl# h��.�n� 1
on the west side of the building,
on the southeast side of the building
within the fence storage area o
�, Merchandise rdise �
shalt be screened so that it is not visible from Nova Scotia Avenue The
applicants provide rovide a screening plan subject to review and approval of the
City Planner.
Page 73 of 97
4
and
Page 74 of 97
A RECOMMENDING RESo UTIO.O
OF TI E
PLANNING CE)Ml1!M..1S ION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION E T. . .� . . BJ G FINDINGS OO F FACT AND
RECOMMENDING To THE CITY COUNCIL THAT TT E
REQUEST B LOWE'S HOME �� ENTERS FOR A
CONDITIONAL USE PERMIT TO ALLOW OPEN A OUTDOOR
STORAGE TRUCK of T AI LERS TO ENCLOSE PALLETS
AND USED APPLIANCES, AND 'ro ALLOW THREE .DELIVERY
TRUCKS r) f BE PARKED WITHIN A STORAGE AREA ()N r '`B E
SOUTH SIDE OF TII LO ' S .TORE, LOCATE: . T
5780 NOVA SCOTIA AVENUE RT.1
SHOULD .13. A. PROVED WITH CONDITIONS
WHEREAS, the City of Oak Park l- eights has received a request from Lowe's
Home Centers for a conditional use permit to allow open and outdoor storage of truck trailers to
enclose pallets and used appliances, and to allow three delivery trucks to be parked within a
storage area on. the south side of the Lowe's store, located at 5780 Nova Scotia Avenue North;
and after having conducted a public hearing relative thereto, the Planning Commission of Oak
Park 1-Heights makes the following findings of fact:
1. The real property affected by said application is legally described pis
follows, to wit:
ATTACHMENT A
and
2, The 'applicant has submitted an apphca ti on and supporting
zloc nentation to the Com munity (Development Department consisting of the [allowing items:
SEE .l,.:1. C:fl l u ::�1. ti I3
:3. Approval of the PUT) General Plan for the :Lowe's Store was granted b
the City Council on November 22, 2006; and
�l.
The property is zoned 13-4, Limited Business District in which open and
outdoor storage is a listed conditional use; and
S. City staff prepared a planning report dated :June 6, 2007 reviewing the
request for open and outdoor storage of truck trailers and delivery trucks; and
6. City staff recommended in the June 6, 2007 planning report that the
request be approved with conditions; and
7. The Planning Commission held a public hearing at their June 14, 2007
meeting, took comments from the applicants and public, closed the public hearing, and made the
following recommendation:
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OE OAK PARK HEIGHTS THAT ME E PLA NI NG
COMMISSION RECOMMENDS TEE E FOOLLOW I G:
A. The application by 'cation submitted b Low& s Home Centers for a conditional use permit to allow
open � and outdoor rtdoor stor a e of truck trailers to enclose pallets and used appliances, and to allow
three delivery trucks to be parked within a storage area on e south side of the Lowe's store,
Scotia i 'i and y • � the real property ��7�`L as �l�ilV�Ysr
located at 5780 Nova Scotia Avenue North and affecting th r 1 y
SEE ATTACHMENT A
Be and the same hereby as h recommended to the City Council of the City of Oak Park Heights for
y
approval with the f ollowing. conditi ons:
1. Al storage outdoor ,stora se of truck trailers, box trucks, and flat bed trucks shall be within the
areas i plan i n the site plan cl ated June 4, 2007. No more than two truck trailers and a
total of three delivery trucks shall be stored at one. tiraae.
2 . .- . , berming, - Mira , landsca e. and fencing plans shall be subject to review and approval of the
2. he _ arr � l
City l::ngineei•, City Arborist and City Planner.
3. No merchandise storage or storage items shall be stored above the garden center fence on the
west side of the huilcling.
Merchandise within the :fence storage areil on the southeast side of the building shall be
screened so that it is not visible from Nova Scotia Avenue. The applicant shall provide a
screening plan subject to review and approval of the City Planner.
4
cC,omn issi on of the City , of Oak Park Heights this 10 day
�L�Gtaraar�aacracle:ci by the Planning ... �
of .rare 2007.
�'..1 � .... ��f.lraarr'arstr'�atc�]'
l�Er•io 1\ . Johnson, y
Page 75of97 r�
\'1iclyael .1...il_jel r'cia, C�la�Zir
Page 76of97
Attachment A
Washington County GEO code: 05.29.20.11.0054
Legal Description: Lot 2, Block 1, Oak Park Commons
Address: 5780 Nova Scotia Ave. N.
Page 77 of 97
ATTACHMENT 13
Conditional Use Permit (CUP) — outside Storage
Love's Home Center 6780 Nova Scotia Ave. N.
Application Materials
• Application ,F=orm
• 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: May 30, 2007
Planning Commission Public Hearing & Recommendation: June 14, 2007
Required Approvals:
Planning Commission 3/5
City council 4/5
Conditional Use Perm - Lapse of Approval:
Unless the Cit y 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
l
conditional use p ermit shall be submitted to the Zoning Administrator not less than thirty
(30) days before the expiration of said approval. (401.03.0.4.a and h)
y
follows, to wit:
and
and
Page 78 of 97
I ESOL UTJON No.
CITY COMM
CITY OF ()AK PARK . ' EJGIfFS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION E TABLISHIN F1 D.JNG OE .FACT AND
RESOLUTION OF ME CITY COUNCIL THAT rJ
REQUEST B LOW E'S HOME GEN ERS FOR A
CONDITIONAL U E PERMIT TO ALLO W OPEN AND UTDO R
ST()RAGE OF 'MUCK TRAILERS LE.RS rUo ENCLOSE PALLETS
AND USED APPLIANCES, AND D To ALLOW THREE DELIVERY
TRUCKS To BE PARKED WITHIN A STORAGE AREA ON 'TM
SOIJTH SIDE OF THE E L O E' S STORE, LOCATED AT
5780 NOVA SCOTIA. AVENUE NORTH
I:-i
BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park 1-Teiglits has received a request fi .aol�►� ;'S
Home Centers for a conditional use permit to allow open and outdoor storage of truck trailers to
enclose pallets and used appliances, and to allow three delivery trucks to be parked within a
storage area on the south side of the Lowe's store, located at 5780 Nova Scotia Avenue North;
and after having conducted a public hearing relative thereto, the Planning Commission ission of oak
Park. H eights recommended that the application be approved with conditions. The City Council
of Oak Park k 1-(eights makes the following findings of fact and resolution:
1, The real property affected by said application is legally described as
i•.1,� i'i\ C 111v1 E T .A
2. '•flit applicant has submitted an application and supporting
documentation to the Community :Development Department consisting of the following items;
A 13
3, Approval of the PUD General l lava For the 1.1ow le's Store was granted by
the City Council on November 22, 2006; and
4. The property is zoned 13..z1, l:,indted Business District in which open and
outdoor storage is a listed conditional use; and
5, City staff proparCc1 a planning report dated June 6, 2007 reviewing the
request for open and outdoor storage of truck trailers and delivery trucks; and
6. City staff recommended in . the lime 6, 2007 planning report that the
request be �approve:cl with conditions; and
7. The Planning Commission held a public hearing at their June 14, 2007
meeting, took comments from the applicants and public, closed the public hearing, and
recommended ed that the application be approved with conditions.
NOW, THEREFORE, E IT RESOLVED) BY THE CITY CO UNC. L FOR
'FR-RE CITY OF OAK PARK HEIGHTS 'MAT THE CITY COUNCIL APPR()V ES 'f HE
FOLLOWING:
A The application submitted by f.,owe's Home Centers for a conditional use permit to allow
open and outdoor storage of truck trailers to enclose pallets and used appliances, and to allow
three, delivery trucks to he parked within a storage area on the south side of the Lowe's store,
located at 5780 Nova Scotia Avenue North and affecting the real property as follows:
SEE A TACT rl .
Be and the same as hereby approved by the City Council of the City of Oak Park Heights with
the folio wing conditions:
1. All outdoor storage of truck trailers, box trucks, and flat lied trucks shall be within the
areas indicated in the site plan dated June 4, 2007. No more than two truck trailers and a
total of three delivery trucks shall be stored at one tine,
2. The beaming, landscape and fencing plans shall be subject to review and approval or the
City Engineer, City Arbori st and City Planner,
3, No merchandise or storage items shall be stored above the garden center fence on the
west side of the building.
Merchandise within, the fence storage area on the southeast side of the building shall be
screened so that it is not visible from Nova Scotia Avenue. The app]icant shall provide a
sc•eening? plan subject to review and approval attic City Planner.
City l € h clayOf.]a_fle200`7.
Approved by the City Council of the ity of Oak Park Freights
Eric A. . ohnson, City Administrator
Page 79 of 97
David ] i3enuelet, mayor
Page 80 of 97
Attachment A
Washington County GEO Code: 05.29 20.11.0054
Legal Description: Lot 2, Block 1, Oak Park Commons
Address: 5780 Nova Scotia Ave. N.
Page 81 of 97
ATTACHMENT B
Conditional Use Permit (CUP) — Outside Storage
Lowe's Horne Center 5780 Nova Scotia Ave. N.
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: May 3 2007
Planning Commission Public Hearing & Recommendation: June 14, 2007
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
g p .r
conditional use permit shall be submitted to the ,Zoning Administrator not loss than thirty
(30) days before the expiration of said approval. (401.03.0.4 and b)