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HomeMy WebLinkAbout2017-052 (Special Use Permit for a hotel and restaurant project) RESOLUTION 2017-052 A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR A HOTEL AND RESTAURANT PROJECT CASE NO.2016-40 WHEREAS, Anne Loft of Midnight Real Estate, LLC and Mike Hoefler of HAF Group submitted a request for variances and a special use permit to allow the construction and operation of a hotel with a restaurant on property legally described as follows: See Exhibit A; and WHEREAS,the Planning Commission held a public hearing and reviewed the request for a special use permit for the hotel on December 14, 2016 and continued it until January 11, 2017 when it approved two variances and denied a third variance, but recommended approval of the special use permit with conditions; and WHEREAS, the Heritage Preservation Commission considered the design aspects of the project on December 5, 2016 when it recommended approval with conditions; and WHEREAS,the Downtown Parking Commission considered the parking mitigation plan for the project on January 19, 2017 when it recommended approval with conditions; and WHEREAS, the Downtown Parking Commission considered the revised parking • mitigation plan for the project on February 16, 2017 when it recommended approval with conditions; and WHEREAS,the City Council reviewed the special use permit request on February 21 and March 7,2017 and found that with appropriate conditions the project would be compatible with the commercial neighborhood and would be consistent with City Code. NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of Stillwater hereby approves the special use permit with the following conditions: 1. The project must be built in substantial consistency with the plans on file with the Community Development Department. 2. Major modifications to any of the plans listed in Condition 1 above must be reviewed and approved by the Planning Commission prior to implementation. 3. The Special Use Permit will not become effective,nor will it be filed in chain of title with Washington County,until the developer enters into a lease for the City-owned property located at the corner of Mulberry and Second Street. 4. The Special Use Permit will not become effective,nor will it be filed in chain of title with Washington County,until creation of a Redevelopment Tax Increment District for the project and execution of an agreement with the City on the extent of any Tax Increment generated by the project that well be granted to the developers for reimbursement of eligible project costs. 5. The Special Use Permit will not become effective,nor will it be filed in chain of title with Washington County,until a vendor delivery plan is submitted to the City and found acceptable by the Community Development Director. 6. The Special Use Permit will not become effective,nor will it be filed in chain of title with Washington County,until a revised parking plan is submitted to the City and found acceptable to the City Engineer and Community Development Director. The revised parking plan must provide at least 103 parking spaces on the project site. The project site includes both the property owned by the developer and the adjacent parcel owned by the City. 7. A Special Use Permit or event permit from the City is required for any outdoor entertainment. 8. Conditions of approval of HPC Case No. 2016-27 shall be incorporated by reference. 9. A Design Review permit must be submitted and approved by the Heritage Preservation Commission for any future exterior alterations, including signage. 10. The trash enclosure in the southwest corner of the parking lot is a feature added to the revised parking lot plan and was not reviewed by the Heritage Preservation Commission. Therefore,prior to installation of the trash enclosure, it must receive review and a design permit from the Heritage Preservation Commission. This is especially critical since there is no roof on the proposed structure and the elevation of the top of the trash enclosure wall would be lower than the abutting sidewalk on 2°d Street. 11. Prior to issuance of a building permit for the hotel,a detailed landscape plan must be submitted for review and approval by the HPC. 12. Prior to issuance of a building permit for the hotel,a detailed sign plan must be submitted and approved by the HPC as well as the Public Works Department. Signage in the plan must include at least: business signage,parking signage, loading and unloading signage, street signage, and fire lane signage. 13. All construction workers for the hotel and office construction projects must park either on-site or in the parking lot immediately north of the former Zephyr Depot. 14. The civil engineering plans, including the parking lot and parking deck,must be reviewed and found acceptable to the City Engineer before an excavation permit or building permit is issued for the project. 15. The revised parking plans must be reviewed and found acceptable to the Assistant Fire Chief before an excavation permit or building permit is issued for the project. 16. The applicant is required to enter into a Development Agreement with the City for all public infrastructure improvements prior to the release of an excavation permit or a building permit for the project. The agreement must address all costs associated with the relocation of existing utilities and ground water flow containment facilities. The Developers Agreement must be approved by the City Council and recorded against the property at the expense of the applicant. Proof of recording shall be submitted to the City prior to the release of any building permits for the project. 17. Easements in favor of the City for storm sewer and other public utilities shall be provided to the City prior to the issuance of an excavation permit or a building permit for the project. Easements shall be subject to review by the City Engineers and Attorney's offices and shall be recorded against the property at the expense of the applicant. Proof of recording shall be submitted to the City prior to the release of any building peuniits for the project. 18. A stormwater management plan must be reviewed and found acceptable to the Middle St. Croix Watershed Management Organization prior to issuance of an excavation permit for the project. Enacted by the City Council of the City of Stillwater,Minnesota this 7th day of March,2017. CITY OF STILLWATER .111149/5:2-„,• Ted Kozlowski, Mayor ATTEST: g.L_ homas McCarty, Actin.•'ity Clerk Exhibit A Legal Description PARCEL 1: All that part of Lots 2, 3, 4, 5, 6 and 8 of Block 18 of the Original Town, now City of Stillwater, Washington County, Minnesota, more particularly described as follows, to wit: Beginning at the Northeasterly corner of Lot 2, Block 18, Original Town of Stillwater, Washington County, Minnesota,thence Westerly along the Northerly line of said Lot 2 for 50.0 feet; thence Southerly and parallel with the Westerly line of said Lot 2 for 1 0.0 feet; thence Westerly and parallel with said Northerly line of Lot 2 for 1 00.0 feet to said Westerly line of Lot 2; thence Southerly along said Westerly line of Lot 2 for 40.0 feet to the Southwesterly corner thereof; thence Easterly along the Southerly line of said Lot 2 for 125.0 feet to the Northwesterly corner of the Easterly 25.0 feet of Lot 3 of said Block 18; thence Southerly along the Westerly line of said Easterly 25.0 feet of Lot 3 and along the Easterly line of the Easterly 25.0 feet of Lot 4 of said Block 18 for 100.0 feet to the Northerly line of Lot 5 of said Block 18; thence Westerly along said Northerly line of Lot 5 for 15.0 feet; thence Southwesterly in a straight line to a point in the South line of said Lot S, said point being 93.0 feet Easterly from the Southwesterly corner of said Lot S, as measured along said Southerly line of Lot S; thence Easterly along said Southerly line of Lot 5 for 7.0 feet; thence Southerly and parallel with the Westerly line of Lot 6 of said Block 18, for 32.0 feet; thence Easterly and parallel with the Northerly line of said Lot 6 for 50.0 feet to the Easterly line of said Lot 6; thence Northerly along said Easterly line of Lot 6 for 1.56 feet, more or less, to its intersection with a line drawn Easterly and parallel with the Northerly line of Myrtle Street from a point in said Westerly line of Lot 6, said point being 18.0 feet Northerly, as measured along said Westerly line of Lot 6, from the Southwesterly corner of said Lot; thence Easterly and parallel with said Northerly line of Myrtle Street for 66.0 feet to a point 84.0 feet Westerly of the Westerly line of Main Street, as measured along said line parallel with Northerly line of Myrtle Street; thence Northerly and parallel with said Westerly line of Main Street for 52.7 feet to its intersection with a line drawn parallel with and 434.0 feet Northerly of said Northerly line of Myrtle Street; thence Easterly and parallel with said Northerly line of Myrtle Street and 434 .0 feet Northerly therefrom for 84.00 feet to said Westerly line of Main Street; thence Northerly along said Westerly line of Main St. for 100.3 5 feet to a point in said West line of Main Street, said point being 534.35 feet Northerly from said Northerly line of Myrtle Street, as measured along said Westerly line of Main Street, thence Westerly and parallel with the Southerly line of Mulberry Street for 150.0 feet to the Easterly line of said Lot 3 of Block 18; thence Northerly along said Easterly line of Lot 3 and along the Easterly line of said Lot 2 for 75.84 feet to the point of beginning. EXCEPT the following described property: All that part of Lot 2,Block 18, of the Original Town (now City) of Stillwater, Washington County, Minnesota, described as follows: Beginning at the Northeasterly corner of Lot 2, Block 1 8, Original Town of Stillwater as surveyed and platted, thence Westerly along the Northerly line of said Lot 2 for SO feet; thence Southerly and parallel with the Westerly line of said Lot 2 for 1 0 feet; thence Westerly and parallel with said Northerly line of said Lot 2 for 100 feet to said Westerly line of said Lot 2; thence Southerly along said Westerly line of said Lot 2 for 40 feet to the Southwesterly corner thereof; thence Easterly along the Southerly line of said Lot 2 to the Southeasterly corner thereof; thence Northerly along the Easterly line of said Lot 2 to the point of beginning. "as amended by Myron Shepard's Perfected Plat of the City of Stillwater dated May 21, 1978." Washington County, Minnesota Torrens Property PARCEL 2 The West 125 feet of Lots 3 and 4, Block 18 of the Original Town, now City of Stillwater, Washington County, Minnesota. Abstract Property CITY PARCELS Parcel 1: Lot 1 and the North 10 feet of the West 1 00 feet of Lot 2, Block 18, Original Town (now City) of Stillwater, together with all hereditaments and appurtenances belonging thereto, Washington County, Minnesota. Abstract Property Parcel 2: All that part of Lot Two (2), Block Eighteen (1 8), of the Original Town (now City) of Stillwater, as amended by Myron Shepard's Perfected Plat of the City of Stillwater dated May 21, 1878, Washington County, Minnesota, described as follows: Beginning at the Northeasterly corner of Lot Two (2), Block Eighteen(1 8), Original Town of Stillwater as surveyed and platted; thence Westerly along the Northerly line of Lot Two (2) for 50 feet; thence Southerly and parallel with the Westerly line of said Lot Two (2)for 1 0 feet;thence Westerly and parallel with said Northerly line of said Lot Two (2) for 100 feet to said Westerly line of said Lot Two (2); thence Southerly along said Westerly line of said Lot Two(2)for 40 feet to the Southwesterly corner thereof;thence Easterly along the Southerly line of said Lot Two (2) to the Southeasterly corner thereof; thence Northerly along the Easterly line of said Lot Two (2) to the point of beginning. Washington County, Minnesota Torrens Property