HomeMy Public PortalAbout2007-056 Resolution Granting Amended Site Plan Review & Variance 3575 Sioux DrMember Johnson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2007-56
RESOLUTION GRANTING AMENDED SITE PLAN AND VARIANCE
APPROVAL FOR THE UPTOWN HAMEL RETAIL DEVELOPMENT
LOCATED AT 3575 SIOUX DRIVE REPRESENTED BY UNITED PROPERTIES
WHEREAS, United Properties (the "Applicant") has requested approval for an
amended site plan and with variances from the City Council ("the City") to operate a
multi -use retail development with drive-in uses located at 3575 Sioux Drive (the "Subject
Property"), which is legally described on Exhibit A attached hereto; and
WHEREAS, the City Council originally approved the site plan with variances for
the Subject Property on May 1, 2007; and found that exceptional and extraordinary
circumstances do apply to this property due to the topography and proximity to Elm
Creek; and
FURTHER, that the Applicant has meet the intentions of the Uptown Hamel
zoning district; and
FURTHER, that the variances would not be materially detrimental to the
purposes of the ordinance under which the property is zoned, and the Applicant has
provided the minimum necessary improvements to alleviate the hardship, and that the
Applicant is furthermore reducing the impervious surfaces and improving the site with
the approved Site Plan; and
FURTHER, that the applicant has demonstrated undue hardship because of
circumstances which make the subject property unique as compared to other properties
within the district; and
WHEREAS, the City Council on September 18, 2007 reviewed the amended site
plan with variances for its conformance with the City's ordinances and the terms and
conditions of the original site plan approval, considered the recommendations of staff and
heard comments from the Applicant; and
WHEREAS, the City Council finds that the changes to the previously approved
site plan with variances qualify as minor changes and that the amended site plan
conforms with the conditions of preliminary approvals and the standards for the district in
which the property is located; and
Resolution No. 2007-56
October 16, 2007
WHEREAS, this resolution replaces the previously approved site plan and
variance resolution (Res No. 2007-22) for the Subject Property; and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF MEDINA, MINNESOTA that it should and herby does approve the
request by United Properties for an amended site plan with the following variances for
the Subject Property:
1. A variance to exceed the 25% maximum impervious surface shoreland
requirement. The proposed development will increase the total impervious
surface to 50% of the site.
2. A variance to allow the retaining wall to encroach 10 feet within the 50-foot
setback on the vegetative buffer on Elm Creek.
3. A variance to allow the driveway to the drive-in service businesses (the coffee
shop and the credit union building) to encroach 80 feet within the 100-foot
setback from an improved intersecting street.
4. A variance to allow the driveway to the drive-in service business associated
with the coffee shop to encroach 120 feet within the 300-foot setback from
State Highway 55.
5. A variance to allow the driveway to the drive-in service business associated
with the credit union to encroach 20 feet within the 300-foot setback from
State Highway 55.
NOW, THEREFORE, BE IT RESOLVED that the amended site plan and variance
approval are subject to the terms and conditions are subject to the following terms and
conditions:
1. The amended site plan with variances is approved, in accordance with the
architectural plans received August 6, 2007 and the civil plans received
August 29, 2007, except as amended by this resolution.
2. The amended site plan and variance approval shall be contingent on approval
of a final plat for the Subject Property and all the conditions of final plat
approval.
Resolution No. 2007-56 2
October 16, 2007
3. The Applicant shall meet all of the Elm Creek Watershed Management
Commission (ECWMC) conditions of approval addressed in the letters from
ECWMC dated August 29, 2007 and September 5, 2007 that are still
outstanding for the stream bank restoration and landscape buffer plan, the
erosion and sediment control plan and the stormwater management plan prior
to any work being conducted on the site.
4. The Applicant shall submit a complete set of updated civil plans prior to any
work being conducted on the site that accurately shows that the proposed
property boundaries are consistent with the final plat received August 29,
2007.
5. All conditions stated in the City Engineer's report dated September 11, 2007
shall be addressed by the Applicant.
6. The application for building permits must include grading, drainage and
erosion control plans with each building plan submitted.
7. All signs shall be in compliance with the City's sign ordinance and if signage
is lit, it shall meet the outdoor lighting standards as defined in the ordinance.
8. The Applicant shall dedicate a sign easement for a future freestanding
community identification sign along the west side of Sioux Drive at a location
to be determined by City staff The freestanding project sign for the Hamel
Station development shall be not be located within 50-feet of the sign
easement.
9. If the coffee shop is to have a menu board, the Applicant must submit the
proposed sign prototype for review by the City prior to issuance of a building
permit.
10. The proposed parking area shall meet all City design standards and ADA
accessibility requirements. The plans should be revised prior to issuance of
building permits to provide an acceptable handicap parking space and stripped
access aisle for the coffee shop building. If an individual must cross the
vehicle lane than a white painted crosswalk should be added.
11. The drive-in services must not be used between the hours of 10:00 p.m. and 6
a.m.
12. The Applicant acknowledges the potential adverse impacts of the Highway 55
corridor planning efforts as presented in the City Council Special Meeting
held on April 17, 2007, which may result in encroachments beyond the
dedications made by the Applicant on the plat.
Resolution No. 2007-56 3
October 16, 2007
13. The Applicant must enter into a development agreement and a petition and
waiver agreement in forms satisfactory to the City to ensure completion of
subdivision improvements and development of the project in compliance with
all City requirements.
14. The Applicant shall pay to the City a fee in the amount sufficient to reimburse
the City for the cost of reviewing the site plan and related documents.
Dated: October 16, 2007
T.M. Crosby, r. Mayor
Attest:
Chad M. Adams, City Administrator - Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member Weir
and upon vote being taken thereon, the following voted in favor thereof:
Crosby, Smith, Weir, Johnson
and the following voted against same: (Absent: Cavanaugh)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2007-56 4
October 16, 2007
EXHIBIT A
That part of the North half of the Northeast Quarter of Section 20, Township 118, Range
23, Hennepin County, Minnesota, described as follows:
Beginning at the Southwest corner of said North half of the Northeast Quarter of
Section 20; thence South 89 degrees 51 minutes 46 seconds East (assumed basis
for bearings), along the South line of said North half of the Northeast Quarter a
distance of 726.40 feet; thence North 2 degrees 19 minutes East, 131.8 feet;
thence North 69 degrees 50 minutes West, 253.48 feet; thence South 74 degrees
59 minutes West 510.80 feet to a point in the West line of said North half of the
northeast Quarter; thence South 0 degrees 17 minutes 14 seconds West, along said
West line 85.00 feet to the point of beginning.
Subject to rights of the public for roadway purposes over the westerly 33 feet thereof
ALSO
That part of the South half of the Northeast Quarter, lying easterly of the centerline of the
town road known as Homestead Trail, Section 20, Township 118, Range 23, Hennepin
County, Minnesota; EXCEPT that part of the South half of the Northeast Quarter, Section
20, Township 118 Range 23, Hennepin County, Minnesota, described as follows:
Commencing at the Southeast corner of said South half of the Northeast Quarter; thence
North 89 degrees 43 minutes 30 seconds West, assumed basis for bearings, along the
South line of said Northeast Quarter, 1462.95 feet, to the point of beginning of the tract
herein described; thence North 36 degrees 20 minutes 30 seconds West, 214.00 feet;
thence North 89 degrees 43 minutes 30 seconds West, 506/47 feet, more or less to the
centerline of Homestead Trail; thence southeasterly along said centerline to the south line
of said Northeast Quarter; thence South 89 degrees 43 minutes 30 seconds East, along
said South line, 511.00 feet, more or less to the point of beginning.
Resolution No. 2007-56 5
October 16, 2007