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Home My Public Portal About2007-057 Resolution Granting Final Plat Approval for Hamel Station 3575 Sioux DrMember Johnson introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2007-57 RESOLUTION GRANTING FINAL PLAT APPROVAL FOR HAMEL STATION RETAIL DEVELOPMENT LOCATED AT 3575 SIOUX DRIVE REPRESENTED BY UNITED PROPERTIES WHEREAS, United Properties (the "Applicant") has requested Final Plat approval from the City Council ("the City") to plat certain property located at 3575 Sioux Drive (the "Subject Property"), which is legally described on Exhibit A attached hereto; and WHEREAS, the plat of the Subject Property, to be known as "Hamel Station" received preliminary plat approval by the City Council on May 1, 2007; and WHEREAS, the Applicant has provided a final plat document consistent with those terms and conditions; and WHEREAS, the City Council on September 18, 2007 reviewed the final plat for its conformance with the City's ordinances and the terms and conditions of preliminary approval, considered the recommendations of staff and heard comments from the Applicant; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA, that approval be granted to the Applicant for the Final Plat of the subject property by United Properties, subject to the following terms and conditions: 1. A final plat is approved to allow a total of 3 lots, in accordance with the final plat received August 29, 2007, except as amended by this resolution. 2. Final plat approval shall be contingent on approval of an amended site plan with variances for the Subject Property. 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. Resolution No. 2007-57 October 16, 2007 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 Applicant shall enter into a license agreement with the Metropolitan Council that permits access to the Metropolitan Council vault and facilities through the driveway and parking areas and allows the Applicant to construct parking areas within Metropolitan Council property. The license agreement shall be submitted to the City Attorney for review and approval and recorded with the final plat. 7. The Applicant shall develop a contingency plan in case some or all of the 11 parking stalls are removed from the Metropolitan Council property or a future parking problem occurs. The plan shall be incorporated into the development agreement and recorded with the final plat. The plan shall include, at minimum, the construction of the four proof -of -parking spaces. 8. The Applicant shall resolve the fence issue with the adjacent property owner in a means that is acceptable to both parties and the City. The written agreement between the Applicant and Highway 55 Rental and Sales is an acceptable resolution to the fence issue as to the private parties but Highway 55 Rental and Sales must enter into a separate encroachment agreement with the City. These documents shall be recorded with the final plat. 9. The Applicant shall execute the sanitary sewer easement encroachment agreement with the Metropolitan Council. This document shall be recorded with the final plat. 10. The Applicant shall be required to comply with the City's park dedication requirements and will be required to provide the requested park dedication for the 2 lots prior to the City releasing the final plat for recording. 11. The Applicants shall resolve all title work and plat issues identified by the City Attorney in the forthcoming title opinion letter prior to the recording of the final plat. This approval is contingent upon the completion of the proceeding subsequent to correct the error in the legal description for the exception parcel owned by the Metropolitan Council. 12. The Applicant shall submit a revised final plat for City review and approval that includes the correct legal description for the exception parcel owned by the Metropolitan Council as determined through the proceeding subsequent process. 13. The application for building permits must include grading, drainage and erosion control plans with each building plan submitted. Resolution No. 2007-57 October 16, 2007 14. 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. 15. 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. The sign easement shall be recorded with the final plat. 16. 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. 17. 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. 18. The drive-in services must not be used between the hours of 10:00 p.m. and 6 a.m. 19. 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. 20. The Applicant shall dedicate a public roadway easement to allow for future improvements to Highway 55 and Sioux Drive. The roadway easement should extend over the proposed drainage and utility easement along the west side of Sioux Drive and adjacent to the south side of Highway 55 at a distance determined appropriate by the City Engineer. The roadway easement shall be recorded with the final plat. 21. 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. The agreements shall be recorded with the final plat. 22. The Applicant shall pay to the City a fee in the amount sufficient to reimburse the City for the cost of reviewing the final plat and related documents. 23. The final plat must be filed with the County Recorder within 60 days of the date of the City Council resolution granting final approval or the final plat shall be Resolution No. 2007-57 October 16, 2007 3 considered void, unless a written request for time extension is submitted by the Applicant and approved by the City Council prior to said time. Dated: October 16, 2007 1 T.M. Crosby, Jr., ; ayor Attest: 04. 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. 2007-57 October 16, 2007 4 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. 2007-57 5 October 16, 2007 i,l