HomeMy Public PortalAbout1997-007Member Ferris introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.97-07
RESOLUTION GRANTING A CONDITIONAL USE PERMIT
TO MCDONALD'S CORPORATION/DAVID MAYER
WHEREAS, David Mayer is the fee owner of property located in the northwest quadrant
of T.H.55 and County Road 116 (the "Property"), which Property is legally described in Exhibit
A attached hereto; and
WHEREAS, McDonald's Corporation has an agreement to purchase the Property and
intends to construct a fast food restaurant thereon; and
WHEREAS, David Mayer and McDonald's Corporation (collectively, the "Applicants")
have applied for a conditional use permit to construct a fast food restaurant on the Property; and
WHEREAS, the Property is zoned urban commercial, which zoning district allows a fast
food restaurant by conditional use permit; and
WHEREAS, this matter was heard by the planning commission at its meeting on February
11, 1997, and by the city council at its meeting on March 4, 1997; and
WHEREAS, the city council has determined, based in part upon the recommendation of
the planning commission, that granting a conditional use permit to the Applicants for the stated
purpose will not adversely affect the development of adjacent property for purposes for which
it is zoned.
NOW, THEREFORE, BE IT RESOLVED By the city council of the city of Medina,
Minnesota, that a conditional use permit be granted to the Applicants for the purpose of
constructing a fast food restaurant on the Property, subject to the following terms and conditions:
1. The Applicants must comply with all requirements of the Elm Creek Watershed
District;
2. The Applicants must deed to the city the easements for drainage, utilities, trail,
ponding and roadway as determined by the city engineer;
3. The safety of the NURP pond must be approved by the city staff;
4. The Hamel fire department must approve hydrant locations and plans for fire
protection of the building;
5. The city's recycling requirements must be met;
RHB119105
ME230-255
1
6. All requirements contained in the city engineer's letter of January 24, 1997, as
modified by his letter of February 6, 1997, must be met, with the exception that the Property
does not require combining or subdividing;
7. There shall be no exterior storage allowed on the Property;
8. City staff must verify that all signs meet city ordinance requirements;
9. All roof -top mechanical equipment must be screened from view from adjacent
properties and roadways;
10. The Applicants must adhere to the landscaping plan submitted to the city and dated
February 11, 1997;
11. All parking areas must meet city ordinances;
12. The number of employees will be approximately 75 full and parttime;
13. All exterior lighting must be designed and installed so that the globe is recessed
and enclosed on all sides except the bottom and no light is cast directly on any other property;
14. There shall be no outside bells or loudspeakers on the Property;
15. The Applicants must post with the city a financial guarantee in the form of a letter
of credit in the amount of $168,998 to assure completion of the site improvements;
16. The exterior trash container must be concrete, preferably broken -face block;
17. The Property and the adjacent roadways will be subject to an annual traffic safety
evaluation by the city; and
18. The Applicants must pay to the city an administrative fee in the amount necessary
to reimburse the city for its costs in reviewing this application.
Dated: March 18 , 1997.
ATTE
Paul Robinson, Clerk -Treasurer
Ferris, Mayor
RHB119105
ME230-255
2
The motion for the adoption of the foregoing resolution was duly seconded by member
Johnson and upon vote being taken thereon, the following voted in favor thereof:
Ferris, Hamilton, Johnson, and Zietlow
and the following voted against same: None Absent: Thies
Whereupon said resolution was declared duly passed and adopted.
RHH119105
ME230-255
3
Exhibit A
The Property is comprised of two parcels, located in Hennepin County, Minnesota, legally
described as follows:
Parcel 1:
That part of the Southeast 1/4 of the Northeast 1/4 of Section 11, Township 118 North, Range
23 West of the 5th Principal Meridian, described as follows:
Commencing at the Northeast corner of said quarter -quarter; thence South along the center
line of County Road No. 116, distant 164 feet to the actual point of beginning; thence
continuing South 262.1 feet to the intersection of the centerline of County Road No. 116
and State Highway No. 55; thence Northwesterly along the centerline of State Highway
No. 55, distant 290 feet; thence North parallel with said centerline of County Road No.
116, distant 79.7 feet; thence deflection to the right 17 degrees 45 minutes, distant 105
feet; thence Easterly, 240.55 feet to the actual point of beginning, except the Easterly 40
feet thereof conveyed to the County of Hennepin for roadway.
Parcel 2:
That part of the East 1/2 of the Northeast 1/4 of Section 11, Township 118 North, Range 23 West
of the 5th Principal Meridian, described as follows:
Commencing at a point in the center line of State Highway No. 55, distant 290 feet
Northwesterly from the East line of said Northeast 1/4; thence North parallel with said
East line, a distance of 79.7 feet; thence deflecting to the right 17 degrees 45 minutes, a
distance of 105 feet to the actual point of beginning of the land to be described; thence
East to a point in the East line of said Northeast 1/4, distant 164 feet South from the
Northeast corner of the Southeast 1/4 of the Northeast 1/4; thence North along said East
line to a point distant 70 feet North from the Southeast corner of the Northeast 1/4 of the
Northeast 1/4; thence West parallel with the South line of the Northeast 1/4 of the
Northeast 1/4, a distance of 33 feet; thence Northwesterly, a distance of 336.5 feet to a
point distant 115 feet North from the South line of said Northeast 1/4 of the Northeast
1/4; thence Northwesterly, a distance of 203.8 feet along a line which if extended would
intersect the west line of said Northeast 1/4 of the Northeast 1/4 at a point distant 503 feet
North of the Southwest corner thereof; thence South to a point distant 60 feet North from
the South line of said Northeast 1/4 of the Northeast 1/4; thence Southeasterly and parallel
with the center line of said Highway No. 55, a distance of 236.35 feet; thence Easterly,
a distance of 93.65 feet to a point distant 123.5 feet North of the point of beginning;
thence South to the point of beginning.
Hennepin County, Minnesota
RHB119266
ME230-255