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
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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
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