HomeMy WebLinkAboutDoc # T05436215 11 1 III 1 11111 11101 PIN
Doc No T05436215
Certified, filed and/or recorded on
Apr 10, 2017 4:30 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 97 Pkg ID 1535399M
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1402186
This cover sheet is now a permanent part of the recorded document.
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°moo CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
1���, �� NO. b 7 3
kESHO�
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
FOR DAYCARE USE AT
2060 WAYZATA BOULEVARD
- FILE NO. 17-3899
WHEREAS, CBS MN, LLC, a Minnesota limited liability company (hereinafter
"the Owner")represented by Dale Richardson, is Owner of the property located at 2060 Wayzata
Boulevard within the City of Orono(hereinafter the"City"),said property identified as Hennepin
County PINS 34-118-23 21 0037 and 34-118-23 21 0040,and legally described as Lot 1 and Lot
6, Block 1, AMBER WOODS OFFICE CENTRE, Hennepin County, Minnesota (hereinafter
the"Property"); and
WHEREAS, the Owner in cooperation with proposed tenant Little Acorns Child
Care (the "Applicants") has made application to the City of Orono for a conditional use permit
(hereinafter "CUP") pursuant to the Planned Unit Development No. 2C Agreement and
Development Contract (the "Agreement"), and the First Amendment to said Agreement and
Contract(the"Amendment"), to allow the operation of a daycare use on the Property; and
WHEREAS, `Daycare facilities' are a Conditional Use subject to the provisions of
the Agreement and Amendment.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 17-3899.
2. The analysis contained within staff memos and the exhibits attached to the aforesaid
memos, all minutes from the above mentioned meetings, and any and all other
materials distributed at these meetings are hereby incorporated by reference.
3. The Property is zoned B-6 PUD and the allowed uses within the Property are
governed by the provisions of the Agreement and the Amendment which establish
conditions for use of the property.
4. The Planning Commission reviewed this application at a public hearing held on
February 21, 2017 and recommended approval of the CUP for operation of a
daycare facility.
Page 1 of 5
°moo CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 7 3 ..,
el A-1.5HO48-
5. The Owner has demonstrated awareness of the potential impacts of the daycare use
on future development of the remaining Lots associated with the plat of AMBER
WOODS OFFICE CENTRE.
6. Conditional Use Permit Analysis. The City Council makes the following findings
with regard to the criteria necessary for the granting of a conditional use permit.
a) The proposed use is consistent with the community management plan; The
Community Management plan maps the site for office use but in the text suggests
appropriate uses for the site include service uses, which supports the proposed
daycare use.
b) The proposed use is compliant with the zoning code, including any
conditions imposed on specific uses as required by article V, division 3 of the City
Code; The Amendment(of the PUD No.2C Agreement) has established that the
daycare use is consistent with use regulations.
c) The proposed use is adequately served by police,fire,roads,and stormwater
management; The use of the existing commercial building for daycare use is not
expected to increase demand on public safety, transportation, or stormwater
facilities. Pending improvements to the configuration of Wayzata Boulevard by
Hennepin County will establish a direct full turning movement access to the site
from Wayzata Boulevard which does not exist currently.
d) The proposed use is provided with an adequate water supply and sewage
disposal system; The property is served by municipal water and sanitary sewer.
No local sewer and water connection charges are due.
e) The proposed use is not expected to generate excessive demand for public
services at public cost; No additional public service costs associated with the
proposed use are anticipated.
f) The proposed use is compatible with the surrounding area as the area is used
both presently and as it is planned to be used in the future; The adjoining properties
to the north and east are residential;to the south and west are commercial. The
proposed daycare use appears to be consistent with the Comprehensive Plan text
that suggests service uses are appropriate for this site.
g) The proposed use is consistent with the character of the surrounding area,
unless a change of character is called for in the Community Management Plan; The
Community Management Plan suggests that this property and those to its
immediate west "should be developed with a mix of commercial uses including
retail, service and office components". The proposed use is compatible with the
Page 2 of 5
*es CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6737
kesHO�
character of buildings and site improvements in the surrounding area, unless a
change of character is called for in the Community Management Plan; The existing
building has both commercial and residential characteristics and its location and
design make it relatively compatible with the surrounding residential and
commercial uses.
h) The proposed use is not expected to substantially impair the use and
enjoyment of the property in the area or have a materially adverse impact on the
property values in the area when compared to the impairment or impact of generally
permitted uses; No evidence has been presented to suggest otherwise.
i) The proposed use is provided with screening and buffering adequate to
mitigate undesirable views and activities likely to disturb surrounding uses;
Landscaping will be inspected to ensure that adequate screening is retained
between the existing building and the adjacent residential neighborhood, and
that all landscaping required with the original PUD site approvals is in place.
This includes vegetative screening throughout the site as well as structural
screening of the dumpster area.
j) The proposed use will not create a nuisance which generates smoke, noise,
glare,vibration,odors,fumes,dust,electrical interference,general unsightliness,or
other means; No evidence has been presented to suggest otherwise.
k) The proposed use will not cause excessive non-residential traffic on
residential streets, parking needs that cause a demonstrable inconvenience to
adjoining properties, traffic congestion, or unsafe access; No evidence has been
presented to suggest otherwise. Access easement through the Senior Housing
site are in place to allow access to Brown Road in the interim before Wayzata
Boulevard improvements are completed by Hennepin County.
1) The proposed use is designed to take into account the natural, scenic, and
historic features of the area and to minimize environmental impact; The proposed
daycare use of the existing building is not expected to have any negative effects
on the environment nor the natural, scenic and historic features of the area.
m) All exterior lighting shall be so directed so as not to cast glare toward or
onto the public right-of-way or neighboring residential uses or districts; The site
currently contains appropriately shielded parking lot lighting. Any changes to
the exterior lighting will be reviewed to ensure conformance with the glare
standards;and
n) The proposed use will not be detrimental to the public health,public safety,
or general welfare. There is no evidence that the proposed use will have
detrimental effects.
Page 3 of 5
-woke) CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti 6 7 3 1'
NO.
ICES 00"
7. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments by
the Owner, Applicants and the public, and the effect of the proposed conditional
use permit on the health, safety and welfare of the community.
8. The City Council finds that the Owner and Applicants'request would be in keeping
with the spirit and intent of the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants a
Conditional Use Permit pursuant to the Planned Unit Development No. 2C Agreement and
Development Contract, and the First Amendment to said Agreement and Contract, to allow the
operation of a daycare use on the Property, subject to the following conditions:
1. Prior to issuance of building permits for interior finishing of the existing building on Lot 1,
Owner and Applicants shall provide detailed plans with regard to the outdoor play areas to be
established within Lot 6, which shall be designed to meet State of Minnesota licensing
standards and which shall be subject to City Engineer approval of design and location relative
to the proximity to parking areas and municipal utility facilities. Said play areas shall be
located approximately as indicated on the generalized site plan submitted by the Owner and
Applicants attached hereto as Exhibit A.
2. Prior to issuance of building permits for interior finishing of the existing building on Lot 1,
Owner shall provide a detailed schedule for completion of required site improvements required
by the Agreement, including but not limited to exterior landscaping, and securing of the
existing foundation on Lot 2.
3. Prior to occupancy, the final lift of bituminous shall be installed in the vicinity of the daycare
use; the parking lot shall be striped per the approved site plans; and dumpster screening shall
be installed per the approved plans
4. Prior to occupancy, a signage plan meeting City requirements shall be submitted.
5. Authorities granted by this resolution run with the Property not with the Owner or Applicants,
but are permissive only and must be exercised by obtaining building permits for building
interior completion. A satisfactory final inspection for the interior finishes must be completed
within one year of the date of Council approval, or the conditional use permit will expire on
that date(March 22, 2018).
Page 4 of 5
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
� c, NO.
1
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6. Violation of or non-compliance with any of the terms and conditions of this resolution may
result in the termination of any authority granted herein.
Adopted by the Orono City Council on the 22nd day of March,2017.
ATTEST:
vegeta_
a Carlson, City Clerk Dennis Walsh,Mayor
(SEAL)
Page 5 of 5
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NOTICE OF CITY COUNCIL ACTION Council
CITY OF ORONO Exhibit A
2750 Kelley Parkway ZONING FILE: 17-3898/3899
PO Box 66
Crystal Bay,MN 55323
952.249.4620 DATE OF NOTICE: March 16,2017
TO: Little Acorns/Att.James Smale COPIES: Dale Richardson
1865 W.Wayzata Blvd.,Suite 112 CBS-MN Properties
Long Lake,MN 55356 P.O.Box 575
Long Lake,MN 55356
James smalegredpathce.com
CommercialBuildinPSery@live.com
TYPE OF REQUEST: 17-3898 PUD Amendment
17-3899 Conditional Use Permit for Daycare Use
DATE OF MEETING: March 13,2017
The Orono City Council voted 5-0 on a two-part motion to 1)approve the proposed amendment of the
PUD No.2C Agreement and 2)to direct staff to draft a resolution for approval of a Conditional Use
Permit for daycare use at 2060 Wayzata Boulevard,subject to the following conditions:
a. Applicants to provide detailed plans with regard to the outdoor play areas,which should be
designed to meet State of Minnesota licensing standards.
b. Prior to occupancy,the final lift of bituminous to be installed and the parking lot striped per the
approved site plans,and dumpster screening be constructed.
c. A signage plan meeting City requirements to be submitted.
d. Property owner to provide a detailed schedule for completion of required site improvements.
A resolution reflecting these and other pertinent conditions has been drafted for action by the Council at
its March 22 meeting. The above items a.and d.will be required to be submitted prior to issuance of
building permits for the remaining Interior work.Items b.and c.will be required prior to issuance of a
Certificate of Occupancy. The plans noted in item a.should include scaled and dimensioned depictions
of the proposed play areas,noting fencing or other planned demarcation of the areas as well as any
revisions to parking areas,curbs,etc.that are proposed. The signage plan(item c.)should include the
proposed dimensions and location of all proposed signage relative to the daycare use as well as plans for
completion or replacement of the existing monument sign.
VOTE; 5 FOR 0 AGAINST
Applicant's next meeting is scheduled as: Wednesday,March 22,2017
This is a City Council meeting. The meeting begins at 7:00 PM
60-Day Extension Notice.The current deadline for City action on your application based on the January
17 application completion date is March 18,2017. Because the earliest possible date for final Council
action will not occur until after March 18, the City is extending the time period for City action on
application#17-3899 under Minn.Stat.§ 15.99,subd.3(f). Please note the time period for action on
this application is hereby extended an additional 60 days until May 18,2017. NOTE:THIS DOES NOT
IMPACT YOUR FINAL APPROVAL WHICH IS STILL SCHEDULED FOR MARCH 22.
n.
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The undersigned,being duly qualified and appointed City Clerk of the City of Orono,
Minnesota, certifies that I compared the foregoing document adopted at the meeting of the Orono
City Council on March 22, 2017,with the original thereof on file in my office, and the same is a
correct transcription thereof.
WITN:ESS my hand officially as such City Clerk and the corporate seal of the City this
22nd day of Maich, 2017.
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- `'�\' .•• Anna Carlson,City Clerk• .:.`' C,j� t
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