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b. the Garden shop in the proposed plan does not have enough hard surface for product display; c. site circulation and parking did not work well; and, d. fencing for the Garden shop was too close to Old Highway 8 NW. 6. After discussing the issues listed above, the Planning Commission recommended denial to the city Council. 7. The applicant presented updated plans to Staff addressing three of the four concerns. 8. The City Council considered the request and approved the special use permit. BE IT FURTHER RESOLVED, the application SP05-14 & LP05-10 is hereby approved with the following conditions: 1. An ordinance amendment to Section 6-540 (2) is approved by the City Council. 2. Compliance with SP04-01 and LP03-08. 3. The most recent elevation, landscape, and lighting plans are submitted to be approved by City Staff. 4. Compliance with the submitted site plan received August 19,2005. 5. The applicant should re-submit grading and drainage plans to be approved by the City Engineer. 6. A special use permit is applied for to consider signage through the comprehensive sign plan process. 7. The storage of any packaging, garbage or recycling material shall not be stored outside of the dumpster enclosure area as depicted on the site plan. 8. Garden Sales Area items shall be for sale and displayed on the hard surface only in the "garden shop" area as depicted on the August 19, 2005 amended site plan. 9. Small engine display and demonstration shall be the only activity allowed on the grass in the "garden shop" as depicted on the August 18, 2005 site plan; except for small engine machinery, no for sale or storage of any items shall be allowed on the grassy area. 10. Items within garden sales area shall not be stacked above the fenced area nor be visible from Old Highway 8 NW. 11. Outdoor "Garden Shop" area can include power equipment, shrubs, fountains, bagged materials such as soils and manure, mulches, trees, and small utility sheds located against wall which shall not exceed 120 sq. ft. 12. The Garden Sales area shall be wholly contained by a fence; arborvitae shall be densely planted for screening of this area. 13. Trees over 6 feet may extend above the screening. 14. The applicant shall submit plans to be approved by the City Planner for all seasonal sales events. 15. Direct staff to call for Public Hearing for an Ordinance Amendment on Tuesday September 13, 2005. 1;\C UNCIL\RESOLUTIONS\200S\Com Dev\SPOS-14_LPOS-IO_Beisswenger AMENDMENT No. 2.doc I