HomeMy Public PortalAbout2004-072 Resolution Granting CUP and Site Plan for Dairy QueenMember Workman introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.04-72
RESOLUTION GRANTING CONDITIONAL USE PERMIT AND SITE PLAN
FOR DAIRY QUEEN
WHEREAS, the BA JO Holdings, LLC, has requested approval of a conditional use
permit and site plan for the .53-acre property legally described in Exhibit A attached
hereto; and
WHEREAS, the Planning Commission has reviewed the request at a duly called public
hearing on November 9, 2004, and the Planning Commission recommended approval
thereof, subject to certain terms and conditions, and
WHEREAS, the City Council on November 16th and December 7, 2004 reviewed the
application for it's conformance with the City's ordinances and considered the
recommendations of the Planning Commission and heard comments from the applicant
and other interested parties,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Medina,
Minnesota that conditional use permit and site plan approval be granted to BA JO
Holdings, LLC for the Dairy Queen located at 725 Highway 55, subject to the following
terms and conditions:
1. The conditional use permit and site plan are approved in accordance with the
building elevations, site, and landscape plans received by the City on November 23,
2004, the lighting and grading plans received October 4, 2004 and the floor plan
received November 3, 2004, except as amended herein.
2. The required trash room must be located within the principal building.
3. The landscaping plan must be revised to provide the required number of street trees.
4. A letter of credit or other financial guarantee must be submitted in a form and
amount satisfactory to the City to ensure the completion by June 1, 2005 of the
landscaping, parking lot and other site improvements which can not be completed at
this time due to seasonal weather conditions.
5. All rooftop mechanical equipment must be screened from view.
6. Light at the property line may not exceed 0.5-foot candles.
Resolution No. 04-72
December 7, 2004
7. Light fixtures may not exceed 30 feet in height.
8. Any illuminated signs must be turned off at 10:00 p.m. or when then business
closes, whichever is later and may not be turned on until 6:00 a.m. or whenever the
business opens, whichever is later.
9. The applicant must work with staff to acquire the proper permissions necessary to
conduct work outside of the property boundaries.
10. The applicant must provide a plan that clearly identifies the limits of the parking lot
improvements such as removals, patching and the overly area.
11. The applicant must provide a plan for the drainage swale/infiltration area on the lot
to the east.
12. The applicant must combine the subject property with the adjacent lot to the east.
13. The applicant must provide a legal description of the property.
14. A building permit is required prior to construction of the building addition.
15. The applicant must comply with all comment in the City Engineer's memo dated
November 2, 2004.
16. A Certificate of Occupancy will not be issued until all of the aforementioned
conditions have been fulfilled.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Medina,
that this resolution is granted on the condition that the property owners finalize the lot
consolidation for parcels 6 and 10 within 60 days of the granting of this resolution.
BE IT FURTHER RESOLVED that a default by the applicant of any of the terms and
conditions of this resolution will be grounds for revocation of the conditional use permit
and site plan approval.
Dated: December 7, 2004
ilip K. 7/Yetlow, Mayor
Attest:
Chad M. Adams, City Administrator -Clerk
Resolution No. 04-72
December 7, 2004
The motion for the adoption of the foregoing resolution was duly seconded by member
Brinkman upon vote being taken thereon, the following voted in favor thereof:
Workman, Weir, Zietlow, Smith, Brinkman
And the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 04-72
December 7, 2004