HomeMy Public PortalAbout2002-009 Resolution Granting CUP to First Apostolic Luthern Congregation of MSPMember Carolyn Smith introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.02-09
RESOLUTION GRANTING A CONDITIONAL USE PERMIT
TO FIRST APOSTOLIC LUTHERAN CONGREGATION OF
MINNEAPOLIS
WHEREAS, First Apostolic Lutheran Congregation of Minneapolis (the "Applicant') is the
owner of property located at Willow Drive and Cox Trail/Momingside Road which is legally
described as Lot 1, Block 1 and Outlots A and B, Cox Brothers Farm, Hennepin County, Minnesota
(the "Property"); and
WHEREAS, the Property is zoned rural residential (RR); and
WHEREAS, the Applicant has proposed construction of a church facility, including a
sanctuary and fellowship hall on the Property; and
WHEREAS, the city's zoning ordinance allows churches in the RR district by conditional
use permit; and
WHEREAS, the application was considered by the planning commission on November 13,
2001; and
WHEREAS, the application was reviewed by the city council on November 20, 2001 and
January 15, 2002; and
WHEREAS, it has been determined that the Applicant's proposed use of the Property will
not impede the orderly development of adjacent properties for the purposes for which they are
zoned.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that a
conditional use permit be granted to the Applicant for construction of a church facility on the
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Property, subject to the following terms and conditions:
1. The exterior building materials shall be compatible with the adjacent residential uses
and consistent with the plans and drawings submitted to and approved by the city;
2. The driveway and parking lot construction timing and design details shall be worked
out with city staff;
3. There shall be no parking allowed on Willow Drive, Cox Trail or on the driveway
leading to the parking lot;
4. The Applicant must install site landscaping, including within the parking lot islands,
in accordance with the landscape plan submitted to and approved by the city and
work with neighbors after completion of the building regarding supplemental
landscaping;
5. All areas not landscaped or covered with hard surface shall be seeded and
maintained. Landscaping must be installed in accordance with the requirements of
the zoning administrator. Plant materials which die must be replaced with similarly
sized materials to maintain comparable screening;
6. The Applicant must enter into a driveway agreement with the owners of the two
residential properties on the south side of Cox Trail;
7. 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 or public right-of-way. Lighting must be installed in accordance with the
plan submitted to and approved by the city which requires that artificial light
contributed at the property lines be limited to zero foot candles. The Applicant shall
minimize the number of lighting standards installed in the parking area. Lighting
standards shall not exceed a maximum height of 15 feet plus a base no higher than
30 inches;
8. Exterior security lighting shall be controlled by a light sensor. All other exterior
lighting must be placed on a timing device. There shall be no exterior lighting
permitted when the building is not in use except security lighting. Egress lighting
shall average .5 foot candles measured 10 feet from the light;
9. The Applicant agrees that if Cox Trail becomes a problem in the future, the
Applicant will take corrective action. The city will determine if there is a problem
and evaluate the appropriateness of the Applicant's proposed corrective action;
10. Exterior garbage and trash containers must be located inside a permanent enclosure
on a concrete pad with exterior material compatible with the materials used on the
church;
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11. All mechanical equipment, including all roof top mechanical, must be screened from
view from adjacent parcels;
12. The height of the building shall not exceed the height limit of the zoning ordinance
for structures within the RR district;
13. The building must be constructed in accordance with the state building code;
14. All plans for the building must be approved by the fire marshall;
15. All plans must be reviewed by the Medina chief of police;
16. There shall be no outside bells, speakers or amplified sound systems;
17. The building and grounds shall be used only for church related activities in
accordance with the schedule submitted by the Applicant. Special events such as
bazaars and flea markets will require a special use permit even though they are
sponsored by the Applicant;
18. Erosion control measures must be installed prior to any grading on site and must be
maintained throughout the period of construction;
19. The storm sewer must be constructed in accordance with city standards;
20. The Applicant must obtain permits and approvals from the city and the Minnehaha
Creek Watershed District for any measure regarding storm sewer;
21. Top soil on the Property must be salvaged and respread around the ponding area to
the minimum depth of 4 inches and a 25 foot natural buffer must be provided around
the NURP pond;
22. The sediment pond depth at the outlet must be monitored annually. When the depth
has decreased below 5 feet, the pond must be dredged by the Applicant and the
Applicant must report the dredging to the city;
23. The Applicant must provide standard drainage and utility easements around the
perimeter of the Property;
24. All septic sites must be fenced and protected prior to the beginning of grading or
construction. This protection must be maintained until all construction is completed
'-'nd adequate cover is established;
25. The Applicant must install a stop sign on Cox Trail at the intersection of Cox Trail
and Willow Drive;
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26. The Applicant must install the Phase I parking in accordance with the plan submitted
to and approved by the city, which parking is limited to 218 spaces;
27. The Applicant must pave Cox Trail 24 feet wide for its entire length from Willow
Drive to and including the cul-de-sac;
28. The Applicant must submit to the city engineer for review and approval the storm
water calculations and water quality and storage calculations for the Property;
29. The Applicant must submit to the city a letter of credit in the amount to be
determined by the city engineer sufficient to cover site improvements and exterior
lighting;
30. The Applicant must comply with the terms and conditions of the approved site plan,
which is hereby incorporated by reference;
31. The Applicant must comply with the requirements of the city engineer outlined in
his letter to the zoning administrator dated October 23, 2001, including granting an
easement to the city for a trail along Willow Drive, except as such conditions have
specifically been modified subsequently;
32. The conditional use permit may be reviewed annually or as deemed necessary to
ensure compliance with the terms and conditions set forth herein. Violations of the
terms of this conditional use permit may result in the imposition of additional
conditions;
33. There may be no residential use of the Property;
34. A11 signs must meet city ordinance requirements;
35. The Applicant must enter into a Petition and Waiver Agreement with the city to
address the possible need for traffic improvements at Willow Drive and Cox
Trail/Morningside Road in the future; and
36. The Applicant must pay to the city an administration fee in the amount necessary to
reimburse the city for the cost of reviewing this application.
Dated: February 5, 2002.
Paul Robinson, Administrator -Clerk -Treasurer
Philip K. ietlow, M or
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The motion for the adoption of the foregoing resolution was duly seconded by member Bruce
Workman and upon vote being taken thereon, the following voted in favor thereof:
Lane, Smith, Workman, and Zietlow
and the following voted against same: None
Whereupon said resolution was declared duly passed and adopted.
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