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HomeMy Public PortalAbout2021-86 Resolution Granting Site Plan Review And Conditional Use Permit Approval For Construction Of A Multi-Tenant Commerical Building With Drive Through Services At 3692 Pinto DriveMember Reid introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2021-86 RESOLUTION GRANTING SITE PLAN REVIEW AND CONDITIONAL USE PERMIT APPROVAL FOR CONSTRUCTION OF A MULTI -TENANT COMMERCIAL BUILDING WITH DRIVE THROUGH SERVICES AT 3692 PINTO DRIVE WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Woodbury REI LLC (the "Applicant") made a request for a site plan review and conditional use permit ("CUP") to establish a 2,590 square foot multi -tenant retail building with a drive through lane; and WHEREAS, the subject site (the "Property") is located at 3692 Pinto Drive and is legally described as: Lot 1, Block 1, Medina Industrial Addition, Hennepin County, Minnesota; and WHEREAS, the site is zoned CH, Commercial Highway and drive through services require a conditional use permit within this district; and WHEREAS, the Planning Commission held a duly noticed public hearing and reviewed the project at the November 9, 2021 meeting and recommended approval of the request subject to certain terms and conditions; and WHEREAS, the City Council reviewed the application and the Planning Commission recommendation at the December 7, 2021 City Council meeting; and WHEREAS, the drive through service use was reviewed against the criteria in Sections 838.5.08 Subd. 7 and 825.39; NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Medina, Minnesota that it hereby does approve the request by the Applicant for a site plan review and conditional use permit for a drive through at the Property, subject to the following terms and conditions: 1. The Applicant shall enter into a development agreement satisfactory to the City which shall include the requirements described below as well as other relevant requirements of City ordinance or policy. 2. The Applicant shall install all improvements shown on the plans received by the City on October 28, 2021 and November 22, 2021, except as modified herein or otherwise required by the City Engineer. The final design of all improvements shall be reviewed and approved by the City Engineer prior to commencing construction. Resolution No. 2021-86 1 December 21, 2021 3. The Applicant shall provide a letter of credit prior to any site construction in an amount recommended by the City Engineer to ensure completion of the required improvements. 4. The applicant shall grant drainage and utility easements over all utilities, stormwater improvements, and drainageways. 5. It is acknowledged that the proposed shared access occupies a portion of the adjacent lot owned by the Applicant (the "Southern Parcel"). Any impact of such access and limitations created by it and the Applicant's development of the Property shall not constitute a practical difficulty for development of the Southern Parcel because such limitations were created by the actions of the Applicant. 6. Parking has been reviewed based on a drive -through coffee -shop with no indoor seating and 1590 square feet of retail as proposed by the Applicant. No alternative use shall be allowed on the Property unless such use has been reviewed by City staff for consistency with minimum parking standards and other requirements. 7. The Applicant shall include signage and striping warning of the trail crossing to the satisfaction of the City Engineer. 8. The Applicant shall provide compensation for planting the 99 inches of replacement trees off -site pursuant to the City's tree preservation ordinance 9. The tree removal on the Southern Parcel shall be incorporated into any plan review for that site. 10. The Applicant shall submit a shared driveway easement/agreement for review and approval of the City Attorney, which shall be executed and recorded against the Property and the Southern Parcel to ensure access to the Property in perpetuity. 11. Details on the free-standing sign shall be provided conforming to code requirements. 12. The Applicant shall be responsible for maintenance of the stormwater improvements on the Property and shall execute and record a stormwater maintenance agreement in a form and of substance satisfactory to the City Attorney. 13. All comments from the City Engineer and City Attorney shall be addressed. 14. The Applicant shall obtain necessary permits for the Department of Health, Hennepin County, and any other relevant agency. Dated December 21, 2021. Kathleen Martin, Mayor Attest: 41/ By: Scott T. Johnson, City Administrator -Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Cavanaugh and upon vote being taken thereon, the following voted in favor thereof: Resolution No. 2021-86 2 December 21, 2021 Reid, Cavanaugh, DesLauriers, Albers, Martin And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2021-86 3 December 21, 2021