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HomeMy Public PortalAbout2006-071 Resolution Granting Site Plan Approval with Variances for Loram Maintenance WayMember Smith introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2006-71 RESOLUTION GRANTING SITE PLAN APPROVAL WITH VARIANCES FOR LORAM MAINTENANCE OF WAY, INC. WHEREAS, Loram Maintenance of Way, Inc. (the "Applicant") has requested approval of a site plan with variances to operate an industrial manufacturing and distribution operation at 3900 Arrowhead Drive, legally described as follows: The South 250 feet of the Northwest Quarter of the Northwest Quarter of Section 11, Township 118, Range 23. The Northwest Quarter, except that part thereof lying North of the Southwesterly right-of-way on Minneapolis, St. Paul & Sault Ste. Marie Railroad Company, in Section 11, Township 118, Range 23 and except the South 250 feet of said Northwest Quarter of the Northwest Quarter. WHEREAS, the Planning Commission has reviewed the request at a duly called public hearing on September 13, 2006, and the Planning Commission recommended approval thereof upon hearing from the applicant and other interested parties, subject to certain terms and conditions, and WHEREAS, the City Council, on October 3, 2006 reviewed the application for conformance with city ordinances, considered the recommendations of the Planning Commission and heard comments from the applicant and other interested parties, WHEREAS, the City Council finds that exceptional and extraordinary circumstances do apply to this site because the volume of the building and the large-scale nature of the rolling railway stock being manufactured; and WHEREAS, the City Council finds that the nature of the business of the Applicant is unique and does require the special provisions of the additional outside storage and that the literal interpretation of the ordinance would deprive the Applicant of rights enjoyed by surrounding properties in the immediate area; and WHEREAS, the City Council finds that the special conditions arose from the nature of the business of servicing railway rolling stock and that special conditions result from the need by the Applicant to relieve the sheer volume of the building by adding a small architectural height element that is sprinkled and will not be occupied; and WHEREAS, the City finds that the variances would not be materially detrimental to the purposes of the ordinance under which the property is zoned and is the minimum necessary to alleviate the hardship, and that the Applicant is furthermore reducing the amount of impervious surfaces and beautifying the site with the approved Site Plan. Resolution No. 2006-71 October 17, 2006 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota, that it should and hereby does approve the request by Loram Maintenance of Way, Inc. for a site plan with variances, for the property located at 3900 Arrowhead Drive, subject to the terms and conditions that shall be met prior to the issuance of a building permit: 1. The site plan with variances is contingent upon the approval of the conditional use permit. 2. The city shall approve, and retain a copy of, the permit for the Minnesota Wetland Conservation Act Replacement Plan. 3. The Applicant shall provide to the city a permit from the Minnesota Pollution Control Agency for grading and erosion control. 4. The applicant shall follow the conditions in the letter from the city's engineer dated August 24, 2006. 5. The applicant shall follow all requirements by the Elm Creek Watershed District. 6. The applicant shall obtain all necessary permits from the city for the site work including but not limited to grading and erosion control, building and signage. 7. The applicant shall provide to the city easements over all drainage areas including wetlands and their buffers, ponds and the access area to those improvements. 8. The applicant shall provide to the city easements for drainage and utilities around the perimeter of the site. 9. The Applicant shall obtain, and provide to the city a copy of, a permit from Hennepin County for all work done in the county right-of-way. 10. The Applicant shall follow all the conditions of the Fire Marshal and Building Official. 11. The Applicant shall enter into a development agreement with the city which must be executed by the Applicant and the city and filed with the County. 12. The Applicant shall submit a letter of credit in a form satisfactory to the city for the site improvements. 13. The Applicant shall pay all connection charges for sewer and water to the site. All fees shall be paid according to the fee structure specified in the development agreement. Resolution No. 2006-71 October 17, 2006 2 14. The Applicant shall provide to the City a digital copy of the approved development plans. 15. The Applicant shall pay to the City an amount sufficient to reimburse the City for the cost of reviewing all plans and applications and for the preparation of all agreements and related documents for the project. Dated: October 17, 2006 ce D. Workman, Mayor Attest:ZN Chad M. Adams, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Weir upon vote being taken thereon, the following voted in favor thereof: Weir, Workman, Cavanaugh, Smith And the following voted against same: (Absent: Brinkman) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2006-71 October 17, 2006 3