HomeMy Public PortalAbout2020-21 Resolution Granting Approval of a Site Plan Review and CUP to Jan-Har LLPResolution No. 2020-21
April 7, 2020
Member Anderson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2020-21
RESOLUTION GRANTING APPROVAL OF A SITE PLAN REVIEW AND
CONDITIONAL USE PERMIT TO JAN-HAR, LLP (ADAM’S PEST CONTROL)
WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Jan-Har, LLP (the “Applicant”) is the fee owner of property located north
of Highway 55, approximately 1330 feet west of Willow Drive which is proposed to be platted
and legally described as:
Lot 1, Block 1, Adam’s Subdivision, Hennepin County, Minnesota (the “Property”); and
WHEREAS, the Applicant proposes to construct a 43,000 square foot building for office
and bar and restaurant use, a 13,100 square foot accessory building with shop, warehouse, and
vehicle storage uses, and ancillary site improvements to support the buildings; and
WHEREAS, City regulations require approval of a Site Plan Review for such construction;
and
WHEREAS, proposed uses include indoor recreation (live music and dancing), an outdoor
dining and drinking area, and vehicle repair, which are allowed only upon review and approval of
a conditional use permit; and
WHEREAS, the Applicant has requested approval of a Site Plan Review and Conditional
Use Permit pursuant to City regulations; and
WHEREAS, the Planning Commission held duly noticed public hearings on November
12, 2019 and March 10, 2020, reviewed the information provided by the Applicant and City staff,
heard testimony from interested parties, and recommended approval of the site plan review and
conditional use permit; and
WHEREAS, the City Council reviewed the proposed site plan and conditional use permit,
considered the Planning Commission recommendation, and heard additional testimony on
December 3, 2019 and March 17, 2020; and
WHEREAS, subject to the fulfillment of the conditions noted below, the City Council has
determined that the proposed construction is consistent with relevant City requirements and finds
that the use meets the requirements for conditional use permits as described in Sections 825.39
and 832.3.09 of the City Code.
Resolution No. 2020-21 2
April 7, 2020
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby grants approval of the proposed Site Plan Review and the Conditional Use Permit, subject
to the following terms and conditions:
1) Approval of this Site Plan Review and Conditional Use Permit shall be contingent upon
approval of a rezoning of the subject property to the Business zoning district.
2) Approval of this Site Plan Review shall be contingent upon review, approval, and
recording the Adams Subdivsion plat.
3) The Applicant shall install all improvements shown on the plans dated 2/27/2020 and
12/3/2019 except as may be modified herein. The design of all improvements shall be
reviewed and approved by the City Engineer prior to commencing construction.
4) The Applicant shall construct necessary improvements to provide access as follows.
a) If access is provided via new road to Willow Drive:
(i) Applicant shall construct public street meeting relevant specifications to Willow
Drive, including necessary stormwater management.
(ii) Applicant shall provide documentation acceptable to the City Attorney to ensure
closure of the temporary right-in access from Highway 55 within three years after
completion of the building.
b) If access is provided directly via Highway 55: The Applicant shall construct left-turn
lane and right-turn lane and other necessary improvements as recommended and
required by the Minnesota Department of Transportation
5) The Applicant shall enter into a development agreement with the City, which shall
include the conditions described below as well as other requirements by City ordinance
or policy.
6) The Applicant shall abide by the requirements of US Fish and Wildlife Services with
regard to construction near the bald eagle nest.
7) The Applicant shall abide by the requirements of the wetland protection ordinance,
including installation of vegetative buffers, recordation of easements, and installation of
signage.
8) The Applicant shall update landscaping plans to provide landscaping to south and west of
the vehicle service bay and vehicle storage doors.
9) The Applicant shall update the parking lot plan to divide the parking into cells with
landscaping at least 12 feet in width.
10) The Applicant shall update plans so that the access/circulation for the accessory building
meets setback requirements from Highway 55.
11) The Applicant shall submit specifications confirming that proposed concrete panels are
color impregnated in earth tones (rather than painted) and shall be patterned to create a
high quality terrazzo, brick, stucco, or travertine appearance.
12) The Applicant shall update lighting plans to comply with the City’s lighting ordinance,
limiting light trespass to 0.2 FC at the property line.
13) The Applicant shall identify HVAC, transformer, generator and trash/recycling storage
locations and provide screening measures for review and approval.
14) All comments from the Pioneer-Sarah Creek Watershed District shall be addressed.
15) All comments from the City Engineer and Loretto Fire Department shall be addressed.
16) The Applicant shall obtain necessary permits from the City, Minnesota Department of
Transportation, Pioneer Sarah Creek Watershed, Minnesota Department of Health,
Minnesota Pollution Control Agency, Metropolitan Council, and any other relevant
agency prior to commencing construction activity on the Property.
17) Parking of two vehicles shall be permitted within an area screened from adjacent
properties and roadways. Additional vehicles may be stored in the loading dock area.
Parking of an additional two service vehicles which shall be no more than either 24 feet
in length or 12,000 lbs. of gross vehicle weight shall be permitted in the parking lot. No
other outdoor storage shall be permitted.
18) The outdoor dining and drinking area shall be delineated with fencing.
19) Adequate provision shall be made for proper inside storage of all new and used
petroleum, chemical, liquid, and other product related to the vehicle repair.
20) All vehicle repair shall occur within the structure.
21) Vehicles parked outside awaiting service or pick-up shall be located in an area which is
fully screened from neighboring properties and from the right-of-way. No inoperable
vehicle may be parked outside.
22) No automobile storage, display or sales shall occur upon the site unless a separate
conditional use permit is obtained for such use, except that retired vehicles used in
connection with the approved use(s) on the site may be sold.
23) The site plan review approval shall be effective for two years and thereafter shall be
considered null and void. The restaurant portion of the project may be constructed as a
separate project, provided the permit is obtained within four years of approval.
24) The Applicant 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 related documents.
Dated: April 7, 2020.
Attest:
By:
By:4
Jodi011.1j
Gallup, City Clerk
Kathleen Martin, Mayor
The motion for the adoption of the foregoing resolution was duly seconded by member Albers
and upon vote being taken thereon, the following voted in favor thereof:
Albers, Anderson, DesLauriers, Martin, Pederson
and the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2020-21 3
April 7, 2020