HomeMy WebLinkAbout20070806 - VI-05
VI-5
Memo
To:
Mayor Hicks and City Council
From:
John Hinzman, Planning Director
Date:
August 6, 2007
Subject:
Resolution - Extend Site Plan Approval #2006-35 - Dairy Queen - 1205
Vermillion Street
REQUEST
Mark Gerry seeks to extend the one year Sunset Clause for Site Plan approval to
reconstruct the existing Dairy Queen at 1205 Vermillion Street. Mr. Gerry seeks an
additional one year extension. Please see attached letter.
ATTACHMENTS
· Resolution Extension
· Extension Letter
· Location Map
· Site Plan
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
AMENDING CITY COUNCIL RESOLUTION NO. 08-07-06 GRANTING SITE PLAN
APPROVAL FOR MARK GERRY TO REMOVE THE EXISTING DAIRY QUEEN
BUIDING AND CONSTRUCT A NEW +/-1,300 SQUARE FOOT DAIRY QUEEN
BUILDING AT 1205 VERMILLION STREET
Council member
moved its adoption:
introduced the following Resolution and
WHEREAS, on August 7, 2006 The City Council of the City of Hastings adopted
Resolution No. 08-07-06 granting Site Plan approval to Mark Gerry to remove the existing Dairy
Queen Building and construct a new +/- 1,300 square foot Dairy Queen Building generally located at
1205 Vermillion Street, legally described as follows:
The north 54 feet of Lot 25, Block 4, Tripps Addition to Hastings, except the East 11 feet
thereof, and also Lot 26, Block 4, Tripps addition to Hastings except the East 11 feet thereof,
according to the plat thereof on file and of record in the office of the Register of Deeds,
Dakota County, Minnesota, subject to an easement of record for purposes of ingress and
egress over and across the west 3 feet of the east 14 feet of said Lot 26, together with all
equipment, signs and business located thereon; and
WHEREAS, said City Council Resolution was subject to 14 conditions of approval,
including Condition No. 14 as follows:
Approval is subject to a one year Sunset Clause; if significant progress is not made towards
construction of the proposal within one year of City Council approval, the approval is null
and void.
WHEREAS, Mark Gerry seeks to extend the Sunset Clause provision by an additional one
year.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HASTINGS AS FOLLOWS:
That the City Council hereby approves the modification to said Resolution granting Site Plan
approval as presented to the City Council subject to the following conditions:
I) Conformance with the plans submitted with the City Council Staff Report dated August 7,
2006.
2) Building permit issuance will be contingent upon presentation and approval of civil plans
including drainage, utilities, and elevations. Approval of civil plans will be made by the
Public Works Director. The applicant shall reimburse the City for any fees incurred due to
development The owner assumes all risks associated with the grading and utility
placement prior to formal approvals.
3) Any uncompleted sitc ,vorle (including landscaping) must be escrowed for prior to issuance
of a certificate of occupancy.
4) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to
recording of the Final Site Plan.
5) All disturbed areas on this property shall be stabilized with rooting vegetative cover to
eliminate erosion problems.
6) A landscape surety for providing, installing and warranting typical landscaping and
screening materials must be submitted in the amount of 125 percent of the value of the
proposed landscaping prior to certificate of occupancy. The surety will be released within
one year from planting upon inspection by the City to ensure the health of the plantings.
7) Fence and patio is subject to review by the Planning Department
8) Any fencing and walls must not encroach into the 25 foot site triangle requirement at street
intersections.
9) Trash and recycling enclosure materials and colors shall be consistent with the main office.
building.
10) The trash and recycling enclosure must be fully enclosed on all four sides.
12) All parking areas must be constructed of bituminous surfacing and concrete curb and gutter.
13) Illumination levels are limited to 0.5 foot candles at the property line and two foot candles at
the entrances as required in the Zoning Code.
14) Approval is subject to a one year Sunset Clause; if significant progress is not made towards
construction of the proposal within one year of City Council approval, the approval is null
and void.
Council member
vote adopted by _ present.
moved a second to this resolution and upon being put to a
Ayes: _
Nays: _
Absent:
ATTEST:
Paul J. Hicks, Mayor
Melanie Mesko Lee
City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and
adopted by the City of Hastings, County of Dakota, Minnesota, on the 6th day of August, 2007, as
disclosed by the records of the City of Hastings on file and of record in the office.
Melanie Mesko Lee
City Clerk
(SEAL)
This instrument drafted by:
City of Hastings (JWH)
10 14th S t. East
Hastings, MN 55033
City of Hastings
101 4th Street East
Hastings, Minnesota 55033-1955
Mr. John Hinzman - Planning Director
July, 13, 2007
John,
With regard to the Dairy Queen project that was previously considered by the council I
would respectfully request a 1 year extension of the sunset clause regarding the same.
We are still working through the engineering phase as well as other issues but hope to
have them resolved soon. Thank you for your consideration in this matter.
Jf~
Mark Gerry - Owner ~.
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