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HomeMy WebLinkAbout2002-09-24 CC Meeting Packet EnclosureMeeting Date Oak Park Heights Request for Council Action September 24, 2002 FILE COPY Agenda Item Title Montanari Homes, Inc.: Site Plan and Design Guideline Review, CUP an Variance ENCLOSURE IL Time Required 5 Minutes Agenda Placement New Business Originating Departnent/Requestor Planning Commission/Community Development Requester's Signature Action Requested Approval with. Planning Commission Recommendations Please be advised that the Planning Commission voted 4-0 at its meeting of September 12, 2002 to recommend that the Cit Council vote to approve this project with conditions listed in the enclosed resolution. Please refer to the enclosed Planner's memo and contact me with any questions you may have at 439-4439. SASHAREDWorms\COUNCIL ACTION REQUEST.doc and and RESOLUTION NO. OF THE CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND APPROVING WITH CONDITIONS THE REQUEST BY MONTANARI HOMES FOR A SITE PLAN/DESIGN GUIDELINE REVIEW, CONDITIONAL USE PERMIT AND VARIANCE WHEREAS, the City of Oak Park Heights has received a request from Montanan Homes for site plan/design guideline review, conditional use permit and a variance to allow a 11,776 square foot office building upon property located at 13481 North 60 Street and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the applications be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact: follows, to wit: The real property affected by said application is legally described as SEE ATTACHMENT A 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 CBD, Central Business District in which office buildings are listed as permitted uses; and 4. The applicant has requested approval of a conditional use permit to allow flexibility from the City's off-street parking supply requirements; and 5. The applicant has requested approval of a variance from the required 10 foot parking area setback; and 6. The site is included in the area of the Central Business District Urban Design Study. The Central Business District Design Guidelines apply to the proposed project; and request; and 7. City Staff prepared a report dated September 5, 2002 reviewing the 8. The Planning Commission held a public hearing at their September 12, 2002 meeting, took comments from the applicant and public, closed the public hearing, and recommended that the applications be approved subject to conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT AND APPROVES THE APPLICATIONS SUBJECT TO CONDITIONS: The applications submitted by Monatanari Homes to allow a 11,776 square foot office building 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 for the following A. Approval of the site and building plans subject to the following conditions: 1. The City approves a conditional use permit to accommodate a reduction in the required off - street parking supply. 2. The City approves a variance to accommodate the proposed parking area setbacks. 3. To accommodate the proposed access change, written approval from the Eagles Club and an access permit from MnDOT be obtained. 4. A materials board and colored elevations be submitted for Planning Commission and City Council review. 5. The landscape plan is subject to review and approval of the City Arborist 6. The applicant verify the utility locations and address any utility service issues for the Eagles Club. 7. The southerly parking lot be reconfigured to eliminate the dead -end parking arrangement and provide a loop type circulation pattern. More specifically, the four westerly stalls in the center row of parking be re- designated as "proof of parking" stalls. 8. The applicants provide a plan for snow removal on the site. 2 9. The City Engineer and appropriate watershed district authority provide comment and recommendation in regard to grading and drainage issues. 10. The applicants submit a photometric plan that identifies both illumination levels and fixture style/height. The lighting plan shall be consistent with the Zoning Ordinance provisions for lighting. 11. The applicant obtain a MnDot stormwater permit. 12. All site signage shall be consistent with the signage requirements of the Zoning Ordinance and design guidelines. 13. Details of thetrash enclosure construction (height, materials, etc.) shall be specified by the applicant. 14. Curbing be provided at the perimeter of all off - street parking areas. Recognizing that the drive aisle along the easterly property line abuts the Eagle's Club parking lot, a "valley" curb shall be provided in such location. 15. No less than 1,086 square feet of the ground floor level of the building be reserved for storage. B. Approval of a conditional use permit to allow a reduction from the required off- street parking supply subject to the foliowing condition: 1. The City approves the submitted site and building plans. C. Approval of the parking area setback variance subject to the following findings. .. The proposed parking area setback represents the continuance of an existing condition. 2. The Central Business District promotes an urban environment and encourages joint use of parking and driveway facilities. 3. The applicant has a joint parking agreement with the adjacent Eagles Club requiring open access between properties. 4. The City approves the submitted site and building plans. Approved by the City Council of the City of Oak Park Heights this 24th day of September 2002, 3 ATTEST: Kimberly Kamper, Acting City Administrator David Beaudet, Mayor Exhibit "A" Legal Description: Lot "A" RLS #57, Except all that portion lying N'ly of the following described line. Beginning at a point on the E. line of said Tract A; thence westerly to a point of the W. line of said Tract A, distant 21.26 feet S 'ly of the N.W. comer and said line them terminating. Washington County, Minnesota, Pre-Application Meeting Required Approvals: Planning Commission 3/5 City Council 4/5 Variance Application Process For: 1 1 Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11X17 Sets) • Written and Graphic Materials Explaining Proposal • Mailing List from Washington County (350/150) • Proof of Ownership or Authorization to Proceed • Properly Tax Statement 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. 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 -7). Site Plan Review /Design Guidelines Application Process For: T Application Materials: Plans and drawings are to be submitted in accordance with the rocessin p g requirements for amendments and conditional use permits: (401.03). Submission materials shall include: • Site Plgn (Existing and Proposed) • Planting Plan (Existing and Proposed) • Architectural Plans and Elevations (All exposed sides with material identification) • Signage Plans • Lighting Plans • Any other plans as requested by City Staff, Planning Commission or City � y Required Approvals: The Planning Commission shall review the submitted materials and make recommendations on the site and building design elements subject to the guidelines stated herein. The City Council shall make an y final decisions on site or building design. A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMNIENDING TO THE CITY COUNCIL THAT THE REQUEST BY MONTANARI HOMES FOR A SITE PLAN/DESIGN GUTDELINE REVIEW, CONDITIONAL USE PERMIT AND VARIANCE SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Montanari Homes for site plan/design guideline review, conditional use permit and a variance to allow a 11,776 square foot office building upon property located at 13481 North 60 Street and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 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: and SEE ATTACHMENT B 3. The subject site is zoned CBD, Central Business District in which office buildings are listed as permitted uses; and 4. The applicant has requested approval of a conditional use permit to allow flexibility from the City's off-street parking supply requirements; and 5. The applicant has requested approval of a variance from the required 10 foot parking area setback; and 6. The site is included in the area of the Central Business District Urban Design Study. The Central Business District Design Guidelines apply to the proposed project; and request; and 7. City Staff prepared a report dated September 5, 2002 reviewing the 8. The Planning Commission held a public hearing at their September 12, 2002 meeting, took comments from the applicant and public, closed the public hearing, and ti made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PL O COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: The applications submitted by Monatanari Homes to allow a 11,776 square foot office building and affecting the real property as follows: SEE ATTACILMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for the following: A. Approval of the site and building plans subject to the following conditions: 1. The City approves a conditional use permit to accommodate a reduction in the required off- street parking supply. 2. The City approves a variance to accommodate the proposed parking area setbacks. To accommodate the proposed access change, written approval from the Eagles Club and an access permit from MnDOT be obtained. 4. A materials board and colored elevations be submitted for Planning Commission and City Council review. 5. The landscape plan is subject to review and approval of the City Arborist 6. The applicant verify the utility locations and address any utility service issues for the Eagles Club. 7. The southerly parking lot be reconfigured to eliminate the dead -end parking arrangement and provide a loop type circulation pattern. More specifically, the four westerly stalls in the center row of parking be re- designated as "proof of parking" stalls. 8. The applicants provide a plan for snow removal on the site. 2 9. The City Engineer and appropriate watershed district authority provide comment and recommendation in regard to grading and drainage issues. 10. The applicants submit a photometric plan that identifies both illumination levels and fixture style/height. The lighting plan shall be consistent with the Zoning Ordinance provisions for lighting. 11. The applicant obtain a MnDot stormwater permit. 12. All site signage shall be consistent with the signage requirements of the Zoning ordinance and design guidelines. 13. Details of thetrash enclosure construction (height, materials, etc.) shall be specified by the applicant. 14. Curbing be provided at the perimeter of all off-street parking areas. Recognizing that the drive aisle along the easterly property line abuts the Eagle's Club parking lot, a "valley" curb shall be provided in such location. 15. No less than 1,086 square feet of the ground floor level of the building be reserved for storage. B. Approval of a conditional use permit to allow a reduction from the required off-street parking supply subject to the following condition: 1. The City approves the submitted site and building plans. C. Approval of the parking area setback variance subject to the following findings. 1. The proposed parking area setback represents the continuance of an existing condition. 2. The Central Business District promotes an urban environment and encourages joint use of parking and driveway facilities. 3. The applicant has a joint parking agreement with the adjacent Eagles Club requiring open access between properties. 4. The City approves the submitted site and building plans. Recommended by the Planning Commission of the City of Oak Park Heights this 12th day of September 2002. 3 ATTEST: Kimberly Ka per, Acting City Administrator George Vogt, Chair Exhibit L Legal Description: Lot "A" RLS #57, Except all that portion lying N'ly of the following described line. Beginning at a point on the E. line of said Tract A; thence westerly to a point of the W. of said Tract A, distant 21.26 feet S'ly of the N.W. comer and said line there terminating. Washington County, Minnesota. Pre - Application Meeting Required Approvals: Planning Commission 3/5 City Council 4/5 Variance Application Process For: �dN7791✓ Application Materials • Application Form • Fees O Plan Sets (3 Large Scale Sets /20 11X17 Sets) • Written and Graphic Materials Explaining Proposal • Mailing List from Washington County (350/150) • Proof of Ownership or Authorization to Proceed O Property Tax Statement 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 1 months after the date of approval, unless the property owner or applicant has substantially started the construction of any building. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty da Y days Y before the expiration of said approval. (401,03 -7). Site Plan Review /Design Guidelines Application Process For: � �A4n/7'T3" Application Materials: Plans and drawings are to be submitted in accordance with the processing requirements for amendments and conditional use permits: (401.03). submission materials shall include: • Site Plan (Existing and Proposed) • Planting Plan (Existing and Proposed) • Architectural Plans and Elevations (All exposed sides with material identification) • Sig nape Plans • Lighting Plans • Any other plans as requested by City staff, Planning Commission or City Council Required Approvals: The Planning Cornmission shall review the submitted materials and make recommendations on the site and building design elements subject to the guidelines stated herein. The City Council shall make any final decisions on site or building design. PLANNING REPORT TO: Kimberly Kamper FROM: Bob Kirmis /Scott Richards DATE: September 5, 2002 RE: Oak Park Heights - Montanari Office Building: Site Plan Review, Conditional Use Permit and Variance PILE NO: 798.02 - 02.27 BACKGROUND ENcL0SuRE 3 NORTHWEST ASSOCIATEi+l CONSULTANTS, I.N\rs 5775 Wayzata Boulevard, Suite 555, St; Louis Park, MN 55416 Telephone. 952.595.9636 Facsimile: 952 95.9837 pianners@nacplanning.com Montanari Homes has requested a site plan /design guideline review of an office building at 13481 North 60 Street. The proposed building site is located on the south frontage road of Highway 36, between the Eagles Club and McCormick's Furniture. The property is occupied by an office building and numerous storage buildings. The property is zoned Central Business District and is included in the area of the Central Business District Urban Design Study. As a result, the Central Business District Design Guidelines apply to the proposed development. In addition to the site plan /Design Guideline review, the applicant has requested a conditional use permit to allow flexibility from the City's off-street parking supply requirements and a variance from the required 10 foot parking area setback. The proposed office building is two stories in height and encompasses 11,776 gross square feet of building area. It is the intention of the applicant to occupy the second floor of the building. Attached for reference: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Site Plan and Landscape Plan Grading, Drainage and Erosion Control Plan Utility Plan Building Floor Plans Exhibit E: Building Elevations Exhibit F: Monument Sign Detail ISSUES ANALYSIS Comprehensive Plan. The subject property is designated as CBD, Central Business District by the Oak Park Heights Comprehensive Plan. The purpose of the CBD designation is to provide a focal point for the community in terms of retail, service, and entertainment businesses, as well as residential opportunities. As such, the proposed pp � p p office commercial use is consistent with the Comprehensive Plan. Zoning. Within the CBD Zoning District, businesses or professional offices are listed as permitted uses. A conditional use permit is however, required to allow the flexibility from the City's off-street parking supply requirements. Central Business District Guidelines. in 1999, the City adopted a master plan for the Central Business District in an effort to create a pedestrian friendly, mixed use district in order to guide implementation of the goals and policies of the plan, specific Design Guidelines for the CBD were developed. The proposed development will therefore be reviewed in regard to its consistency with such guidelines as referenced below: araanstagnation. The Design Guidelines establish four precincts within the CBD; the Medium -Box Mixed Use Precinct, the Small Box Mixed Use Precinct, the Residential Precinct, and the Public Green Precinct. The subject property lies within the Medium Box Precinct that is intended to provide transitional changes between the big box development and the small box development within the center area of the CBD. QyiQprnenjQontextandCharacter. The Design Guidelines state that buildings within the Medium Box Precinct should relate to the character of small box development via building scale and height, building material colors, horizontal lines, and architectural styles and details. The guidelines further state that buildings should form gateways to other precincts. The proposed structure is to be finished in a combination of face brick, rock face block and stucco. The building is two stories in height with a hip roof style. Entrances to the buildings are provided on the north and south sides of the structure where hip roof canopies are provided. The proposed structure is considered consistent with the guidelines in terms of building character. Building Setbacks. There are no minimum setback requirements imposed in the CBD District. The Design Guidelines, however, state that limited setbacks (19 to 15 feet) will be permitted along ba Street. Of particular note is that the proposed building is set back 95 feet from 60 Street consistent with the setbacks of the adjacent McCormick's Furniture and Eagle's Club buildings. 2 Building Appearance. According to the Design Guidelines, buildings in the Medium Box Precinct should exhibit facades that do not have long and flat continuous planes. While the facade designs are considered positive in that a variety of materials it is believed that the eastern and western facades of the building could be further enhanced by recessing or projecting certain building elements. Specifically, it is suggested that the centralized vertical elements of the facades be either slightly recessed or projected outward to add visual interest to an otherwise fiat building surface. d ing l l ig t., The CBD Zoning District establishes a maximum building height of 35 feet. The design guidelines state only that building height should vary between two and three stories. The proposed building is 32 feet at its highest point of the hip roof and has two stories above ground. Buil j o Materials. The design guidelines state that buildings should be constructed of authentic materials such as wood, brick, stone, cast stone, stucco or pour in place concrete. Accent materials may include metal, glass, block, copper flashing or similar materials. The building is to be finished primarily in stucco and glass with brick and rock face block detail features. The materials are considered appropriate for the Central Business District. The design guidelines further state that buildings should employ earth tones or neutral colors and that light and bright colors should be used as minor accents. The applicants have not identified colors or provided building samples. A materials board and colored elevations will be required for Planning Commission and City Council review on this matter. Walkways. According to the Design Guidelines, sidewalks within Medium Box Precincts should be at least eight feet wide along building franta[�� and a minimum sidewalk width of six feet should be provided along 6O Street. The site plan illustrates six foot wide sidewalks along the north and south sides of the building (near building entrance points). In that the sidewalk will serve building access only and does not serve as a public sidewalk, the width is adequate. Lighting. The design guidelines state that lighting should be designed to reduce glare and be in scale with the surrounding buildings, and that pedestrian scale lighting, not more than 14 feet high, should be located on walkways, trailways and adjacent to store entrances. For parking lot lighting, fixtures must be in scale with their surroundings with cutoff fixtures located below the mature height of trees in parking lot islands. 3 The landscape plan will be subject to review and approval of the Cit y Arborist. Access. The site is to be accessed via a single 24 foot wide curb cut from 60 Street North which will alter the existing access to the adjacent Eagles Club. To accommodate g modate such access change, written approval from the Eagles Club and an access permit from Mn DOT will be required. Off-Street Parking Dimensions. All off-street parking stalls and drive aisles have been found to comply with the minimal dimension requirements of the Zoning ordinance. Setbacks. The Zoning Ordinance imposes a minimum 10 foot setback for off - street parking areas. As shown on the submitted site plan, a zero lot line setback has been proposed on the south and west sides of the building while a one foot setback has been proposed on the west side of the building. As previously mentioned, the approval of a variance will be necessary to accommodate the proposed parking area setbacks. In considering the requested variance, it is the opinion of our office that the p r osed p setback can be justified as represents a continuance of a setback condition that presently exists on the site. The applicants will be required to submit a photometric plan which identifies both illumination levels and fixture style/height.- The lighfing plan will need to be consistent with the Zoning Ordinance provisions for lighting which specify that no light source which cast light on a public street shall exceed one foot candle meter reading at the centerline of the street nor cast Tight on adjacent ro ert at more p p Y than 0.4 foot candles as measured at the property line. Landscaping. The design guidelines strongly encourage site landscaping to g p g enhance storefront entries and blank walls. Landscaping s further encouraged g g to screen dumpsters and off - street parking areas. Circulation. In regard to site circulation, the dead-end parking arrangement in the is g southerly parking lot s a concern. To address this concern, it is recommended that the lot be reconfigured to provide a loop type circulation pattern. Specifically, it is suggested that the four westerly stalls in the center row of parkin g g be re-designated as "proof of parking" stalls. Parking Suonly.. As previously indicated, the applicants have requested a conditional use permit to allow a reduction from the off-street parking supply requirements of the ordinance. Off - street parking is considered within the CBD Urban Design Study which g y emphasize on- street parking and cross utilization of parking consistent with a downtown area. In this area of the CBD, there is no on- street parking allowed, although there is an ability to jointly use parking with the Eagles Club. 4 Use _ Ordinance Requirement 3 spaces plus 1 per 200 square feet Required Spaces 51 Office 10,690 s.f. x .9 = 9,621 s.f. As shown below, the Zoning Ordinance requirement for the site requires a total of 51 off - street parking spaces. Note: Office area excludes 1 ,086 square feet of designated ground floor storage space As shown on the site plan, the applicants are proposing to provide 47 spaces. Excluding the four parking stalls necessary to address the previously referenced dead - end parking arrangement, the supply would be reduced to 43 spaces. As part of the CBD Design Study, it is suggested that uses within the CBD provide not less than three off - street parking spaces per , 1,000 square feet of floor area. Utilizing this requirement, the project would be required to provide 32 spaces. In reference to the Design Study standard, it should be recognized however that there are no on- street parking opportunities in the area. The applicant does however, have a joint parking agreement with the adjacent Eagles Club property which should adequately supplement the four stall parking supply deficit. Said joint parking agreement could be terminated by either party with a 30 day notice. g_ntm As a condition of site plan approval, curbing must be provided at the perimeter of all off - street parking areas. Recognizing that the drive aisle along the easterly property line abuts the Eagle's Club parking lot, the City Engineer has recommended that a `valley" curb be provided in such location. Building Coverage. The project site is a total of 31,156 square feet. Building coverage is 5,888 square feet or 18.9 percent of the lot. Snow Removal The applicants should provide provisions for snow removal on the site. The landscape areas will not be appropriate for snow storage, thus ail snow will be required to be removed from the site. Grading and Drainage. As shown on the submitted grading and drainage plan, no ponding has been proposed on -site. According to the City Engineer, ponding will not be required for the site if other measures are taken to ensure the storm water quality is not affected before it leaves the site. Grading and drainage issues shall be subject to review and approval of the City Engineer and applicable watershed authority. Utilities. Utility related issues and plans shall be subject to review and approval of the City Engineer. The applicant will be responsible for verifying the utility locations and addressing any issues with the service for the Eagles Club. Additionally, the applicant must obtain a MnDot stormwater permit as a condition of site and building plan approval 5 Signage. The applicant has proposed one monument sign at the driveway entrance to the site. The sign is however, located within a utility easement and fails to meet the minimum 10 foot required setback. As a condition of site plan approval, the sign should be relocated to meet the required 10 foot setback. All site signage must be consistent with the signage requirements of the Zoning Ordinance and design guidelines. Trash. A single trash enclosure has been proposed in the southwest corner of the site. To improve accessibility of trash receptacles for service vehicles, it is suggested that the enclosure be relocated to the southeast corner of the site. Additionally, the applicant will need to specify details of the enclosure construction (height, materials, etc.). } CONCLUS ONIRECOMMENDATJON While a number of issues exist with the proposed site plan, it is believed that such issues can be dealt with satisfactorily via minimal site modifications. Recognizing that the proposed parking setbacks will not increase an existing level of nonconformity, approval of the requested variance can be justified. In regard to the off-street parking supply, it is believed that the existing joint parking agreement with the Eagles Club can adequately supplement the supply deficit of four stalls. Recognizing this and based on the preceding review, the following is recommended: A. Approval of the site and building plans subject to the following conditions: 1. The City approves a conditional use permit to accommodate a reduction in the required off - street parking supply. 2. The City approves a variance to accommodate the proposed parking area setbacks. 3. To accommodate the proposed access change, written approval from the Eagles Club and an access permit from MnDOT be obtained. The centralized vertical elements of the east and west facades be either slightly recessed or projected outward to add visual interest to an otherwise flat building surface. 5. A materials board and colored elevations be submitted for Planning Commission and City Council review. 6. The landscape plan is subject to review and approval of the City Arborist 6 7. The applicant verify the utility locations and address any utility service issues for the Eagles Club. 8. The southerly parking lot be reconfigured to eliminate the dead -end parking arrangement and provide a loop type circulation pattern. More specifically, the four westerly stalls in the center row of parking be re- designated as "proof of parking" stalls. 9. The applicants provide . a plan for snow removal on the site. 10. The City Engineer and appropriate watershed district authority provide comment and recommendation in regard to grading and drainage issues. 14. The applicants submit a photometric plan that identifies both illumination levels and fixture style /height. The lighting plan shall be consistent with the Zoning Ordinance provisions for lighting. 12. The applicant obtain a MnDot stormwater permit. The proposed monument sign be relocated to meet the required 10 foot setback. All site signage shall be consistent with the signage requirements of the Zoning Ordinance and design guidelines. r � Details of the enclosure construction (height, materials, etc.) shall be specified by the applicant. 15. Curbing be provided at the perimeter of all off - street parking areas. Recognizing that the drive aisle along the easterly property line abuts the Eagle's Club parking lot, .a "valley" curb shall be provided in such location. 16. No less than 1,086 square feet of the ground floor level of the building be reserved for storage. B. Approval of a conditional use permit to allow a reduction from the required off - street parking supply subject to the following condition: 1. The City approves the submitted site and building plans. 7 FJi2r c:)\n3J of the parking area satback variance tn f condition. pc. 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