HomeMy Public PortalAbout2008-035 Resolution Granting An Amended CUP for Site Plan & Variance Approval for 4535 Willow DrMember Smith introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2008-35
RESOLUTION GRANTING AN AMENDED CONDITIONAL USE PERMIT,
SITE PLAN AND VARIANCE APPROVAL FOR
RGA PROPERTIES, LLC, LOCATED AT 4535 WILLOW DRIVE
WHEREAS, on December 4, 1984, the Medina City Council ("City") adopted
Resolution No. 84-94 granting a conditional use permit to Walter G. Anderson, Inc.
("WGA") for the construction of a 100,000 square foot industrial building at 4535 Willow
Drive ("Subject Property"); and
WHEREAS, on April 19, 1988 the City adopted Resolution No. 88-22 granting an
amended conditional use permit to WGA for a 30,000 sq. ft. building addition; and
WHEREAS, on August 15, 1995 the City adopted Resolution No. 95-31 granting
an amended conditional use permit to WGA for a 38,000 sq. ft. addition; and
WHEREAS, on July 16, 2002 the City adopted Resolution No. 02-49 granting an
amended conditional use permit and variance to setbacks to WGA for a 25,860 sq. ft.
addition; and
WHEREAS, on October 19, 2004 the City adopted Resolution No. 04-59 granting
an amended conditional use permit to WGA for a 42,080 sq. ft. building expansion and
3,680 sq. ft. office addition, and
WHEREAS, RGA Properties, LLC, ("Applicant") successor in interest to Walter
G. Anderson, Inc., requested approval of an amended conditional use permit, site plan
and variance to building setbacks to allow a 4,800 sq. ft. building and parking lot
expansion; located at the Subject Property, and which is legally described on Exhibit - A
attached hereto; and
WHEREAS, the amended conditional use permit, site plan, and variance of the
Subject Property was reviewed by the Planning Commission on April 8, 2008 and,
following public hearing thereon as required by law, the Planning Commission
recommended approval thereof, subject to certain terms and conditions; and
WHEREAS, the City Council on May 20, 2008 reviewed the respective land use
applications for conformance with city ordinances, considered the recommendations of
the Planning Commission and heard comments from the applicant and other interested
parties; and
Resolution No. 2008-35
June 3, 2008
WHEREAS, the City Council finds that the Applicant has successfully
demonstrated the expansion project and site meet the criteria necessary to approve an
amended conditional use permit and site plan to the Subject Property; and
WHEREAS, the City Council finds that a variance to reduce the required side -
yard setback from 50-feet to 33.9-feet (as measured on the site plan) along the north
property line is hereby granted and justified by the following findings:
a) the reduced setback would match the existing building setbacks, which were
approved under previous variance approval by Resolution No. 02-49;
b) the reduced setbacks for the new building expansion is minor;
c) the variance allowing the reduced does not negatively impact the surrounding
properties; and
d) the variance would not be materially detrimental to the purposes of the
ordinance under which the Subject Property is zoned.
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 RGA
Properties, LLC, for an amended conditional use permit, site plan, and variance of the
Subject Property, subject to the following terms and conditions:
1. The new addition shall match the appearance in both materials and colors as the
existing facility;
2. The Applicant shall resubmit an updated site plan that clearly illustrates the number,
sizes and locations of overhead doorways to the new addition;
3. The Applicant must indicate on the landscaping plan what plantings are new and the
preferred locations of any relocated plantings. Plus, the plan should provide
additional number of 8-foot high spruce/evergreen trees in staggered row along the
north edge of the fire lane turn -around and near the northwest corner of the building
to ensure proper screening. All new trees shall be guaranteed with a two (2) year
growing and replacement period;
4. Any new outdoor lighting must be designed and installed so that the light is downcast
only with all sides enclosed except the bottom, the lens is recessed and the light
source is not visible. All light standards and lights mounted on the building may be
no higher than 20 feet above grade. The maximum light intensity at the property line
may not exceed 0.2 foot candles and must be verified by a report prepared by a
lighting technician and delivered to the City;
5. The new parking areas and reconstructed driveways must be paved with bituminous
or concrete material and constructed to a 9-ton standard;
6. The Applicant shall comply with the conditions outlined in the City Building
Official/Fire Marshal's review letter dated March 14, 2008, including the relocation
and expansion of the fire lane turn -around as indicated in said letter; and as presented
in the May 20, 2008 City Council packet planning staff report;
Resolution No. 2008-35 2
June 3, 2008
7. The existing and modified fire lane and turn -around area may be constructed with
compacted gravel surfacing, must be constructed to a 9-ton standard and shall be
signed with "Fire Lane - No Parking" or similar signage on both sides of the road.
The final layout, design, standards and signage shall be approved by the Fire Marshal,
Fire Chief and/or City Engineer;
8. There shall be no outdoor storage on the site, nor is any outdoor storage permitted
without amendment of this conditional use permit;
9. Outdoor storage of commercial vehicles is limited to no more than four, none of
which may exceed 12,000lbs. gross vehicle weight. Additional commercial vehicles
exceeding 12,000lbs. g.v.w. may be parked in the loading dock but must be
completely screened from view;
10. Any new roof top mechanical equipment must be screened and shall not be visible
from the ground;
11. The Applicant must comply with all terms and conditions from Pioneer -Sarah Creek
Watershed District review letter, dated April 17, 2008, and as presented in the May
20, 2008 City Council packet planning staff report;
12. The Applicant must comply with all terms and conditions from Minnesota
Department of Transportation review letter, dated April 4, 2008, and as presented in
the May 20, 2008 City Council packet planning staff report;
13. The Applicant shall comply with the conditions outlined in the City Engineer's
review letter dated March 24, 2008, and as presented in the May 20, 2008 City
Council packet planning staff report;
14. The Applicant shall provide an easement over the existing sewer and water lines on
the property (as indicated by the City Engineer's review letter);
15. The Applicant shall complete the submittal requirements and execute the Declaration
of Restrictions and Covenants document related to the previous wetland mitigation
and buffer establishments from the 2004 expansion project and approvals, as
presented in the May 20, 2008 City Council packet planning staff report;
16. The Applicant shall comply with all conditions and regulations of the adopted City
Zoning Ordinance and City Code at time of approval, including the city Wetland
Ordinance and wetland buffer/easement requirements;
17. Prior to beginning construction, the Applicant must post with the City a letter of
credit in an amount equal to 150% of the estimated cost of the site improvements, as
determined by the City Engineer;
18. The Applicant agrees to enter into a Development Agreement with the City of
Medina to ensure the development is completed in accordance with the approved set
of plans and conditions of approvals specified herein; and
19. The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City
for the cost of reviewing the application and related documents.
Resolution No. 2008-35 3
June 3, 2008
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of
the City of Medina, Minnesota that this Resolution No. 2008-35 supersedes Resolution
Nos. 84-94, 88-22, 95-31, 02-49, and 04-59.
Dated: June 3, 2008
ATTEST:
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:
Crosby, Smith, Weir, Cavanaugh, Johnson
and the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2008-35 4
June 3, 2008
EXHIBIT — A
Parcel 1
The West 631 feet of the East 664 feet of that part of the West '/z of the Northeast '/ of
Section 4, Township 118 North, Range 23 West of the 5th Principal Meridian, which lies
South of the North 1343 feet of the West '/z of the Northeast '/ and lies northerly of State
Highway No. 55.
Together with that portion of Willow Drive vacated in Resolution No. 03-20 filed as
Document No. 8413169 accn►ing thereto by reason of said vacation, Hennepin County,
Minnesota.
Parcel 2
That part of the West 1/2 of the Northeast '/ of Section 4, Township 118 North, Range 23
West of the 5`h Principal Meridian, which lies South of the North 1343 feet of said West %Z
of the Northeast'/, Northerly of State highway No. 55, and West of the East 664 feet of
said West 1 of the Northeast %, Hennepin County, Minnesota.
Resolution No. 2008-35
June 3, 2008
5