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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 RHB-208996v 1 ME230-330 1 02-09 February 5, 2002 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; RHB-208996v I ME230-330 2 02-09 February 5, 2002 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; RHB-208996v 1 ME230-330 3 02-09 February 5, 2002 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 RHB-208996v I ME230-330 4 02-09 February 5, 2002 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. RHB-208996v I ME230-330 5 02-09 February 5, 2002 (THIS PAGE LEFT BLANK INTENTIONALLY) RHB-208996v 1 ME230-330 6 02-09 February 5, 2002