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HomeMy Public PortalAbout2016-012 Resolution Granting Site Plan Review and Conditional Use Permit Approval for Hamel Brewing at 22 Hamel RoadMember Pederson introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2016-12 RESOLUTION GRANTING SITE PLAN REVIEW AND CONDITIONAL USE PERMIT APPROVAL FOR HAMEL BREWING AT 22 HAMEL ROAD WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, 22 Hamel Road, LLC (the "Owner") owns property located at 22 Hamel Road (the "Property") within the City which is legally described in Exhibit A, attached hereto; and WHEREAS, the Owner has requested approval from the City of a Site Plan Review for construction of a new building upon the Property in which to operate a tap room and food service use with accessory brewing operations; and WHEREAS, the Owner has also requested approval of a Conditional Use Permit for an outside dining and drinking area; and WHEREAS, the Planning Commission held a duly noticed public hearing on the request on January 12, 2016; and WHEREAS, the City Council reviewed the site plan review and conditional use permit at the February 2, 2016 meeting; and WHEREAS, the City Council has found, subject to the terms and conditions contained herein, that the proposed site plan generally complies with relevant City requirements; and WHEREAS, based on the written and oral record before the Planning Commission and City Council on the above dates as well as all additional testimony submitted to the City, the City Council has found that the criteria described in Section 825.39 regarding conditional use permits have been met and that the proposed outdoor dining and drinking area is consistent with relevant ordinance standards. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants approval of the site plan review and conditional use permit subject to the following terms and conditions: 1) Improvements shall be installed as shown on the plans dated 12/30/2015 except as modified herein. Resolution No. 2016-12 February 16, 2016 2) Approval of the Site Plan shall be contingent upon an amendment to the zoning code to add fiber -cement lap siding as a permitted exterior building material in the district or the Owner updating building plans to utilize a permitted wood material. 3) The partial waiver to the City's tree replacement requirements is granted in recognition of the development pattern required in the Uptown Hamel area and because the Owner integrated best management practices to preserve the most significant trees on the Property. 4) Flexibility has been granted to the number of required off-street parking spaces pursuant to Section 834.1.07 Subd. 2(a) of the City Code. The Owner shall undertake active measures to limit potential impacts of customer and staff parking upon the public right- of-way and other properties in the area. These measures may include, but are not limited to: (a) Providing signage as directed by City staff to direct patrons to public parking opportunities or to parking spaces in which the Owner has received permission to park. (b) Requiring employees to utilize public parking spaces during times in which the Owner expects the provided parking to be insufficient. (c) Actively enforce parking restrictions within drive aisles and fire lanes. 5) The Owner shall meet the recommendations of the City Engineer's comments dated 12/23/2015. 6) Outdoor seating shall be limited to 48 people. 7) City code permits the City to require the Owner to enact noise reduction conditions upon the outdoor seating area as a condition of the conditional use permit if deemed necessary. The City may require such conditions in the future following notice to the Owner. 8) The Owner shall grant an easement to the City over the existing storm sewer pipe on the eastern side of the property and an easement for right-of-way purposes as recommended by the City Engineer. 9) The Owner shall provide photometrics on all exterior lighting in compliance with lighting regulations. All fixtures shall be downcast to limit light trespass onto adjacent property. 10) The trash enclosure materials shall be consistent with the proposed building. 11) The Owner shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the site plan review, conditional use permit and other relevant documents. Dated: February 16, 2016. By: Attest: By: Gotily JodOiGallup, City Clerk Bob Mitchell, Mayor Resolution No. 2016-12 2 February 16, 2016 The motion for the adoption of the foregoing resolution was duly seconded by member Anderson and upon vote being taken thereon, the following voted in favor thereof: Anderson, Cousineau, Martin, Mitchell, Pederson And the following voted against same: None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2016-12 3 February 16, 2016 EXHIBIT A Legal Description of the Property LEGAL DESCRIPTION (From Certificate of Tittle No, 1382095); Lot 37, Auditor's Subdivision No. 241, Hennepin County, Minn. Lot 38, Auditor's Subdivision No. 241, Hennepin County,, Minn., exert that part of said Lot 38 described as followers: Commencing at the northwest corner of said 'Lot 38; thence south along the west line of said Lot 38 to the northeast comer of Lot 39, Auditor's Subdivision No. 241; thence east along the north line of said Lot 39 extended to a paint 107 feet west of the east line of Lot 37, Auditor's Subdivison No, 241, measured at right angles thereto: thence north parallel to the west line of Lot 38 to the north line of said Lot 38; thence west along the north line of said Lot 38 to the point of beginning. Lot 40, Auditor's Subdivision No. 241, Hennepin County, Minn, except that part of said Lot 40 lying westerly of a lime drawn parallel io and 107 feet westerly, measured at right angles, from the most easterly line of said Lot 40. Resolution No. 2016-12 4 February 16, 2016