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HomeMy WebLinkAboutRequest for Zoning Information REQUEST FOR ZONING INFORMATION 2605 Wayzata Boulevard PID: 33-118-23-13-0015 REQUEST FOR ZONING INFORMATION CP File No. 35586 Date: June 11, 2012 Please complete this form and return it to: Commercial Partners Title, LLC Attn: Sarah Chaffin 200 S. 6th St., Suite 1300 Minneapolis, MN 55402 (612) 337-2470 (612) 337-2471 (fax) sarahcncptitle.com(email) Subject Property: 2605 Wayzata Boulevard Legal Description: PARCEL 1 That part of the South Half of Northeast Quarter of Section 33,Township 118,Range 23,which lies East of the East line of the plat of Orono Industrial Park, and its extensions and West of the West line of the plat of Long Lake West Industrial Park and its extensions, Hennepin County, Minnesota. PARCEL 2 Lots 1 through 12,inclusive, Block 1, Orono Industrial Park, and all of Lincoln Drive, vacated, as shown on the plat of said Orono Industrial Park, Hennepin County,Minnesota. Tax ID Number(s): 33-118-23-13-0015 Current Use of Property: Car Dealership 1. The current zoning classification for the subject property is: Industrial 2. Permitted uses included within that zoning classification are: Sec. 78-822. Permitted uses. (a) General conditions. The following are permitted uses within the I-Industrial District. (1) Automobile and truck painting, major repair, body and fender work, upholstering tire recapping and wholesale/fleet sales, but shall not include retail when within a completely enclosed building.The storage of automobiles or trucks in process of repair shall be within a fenced area. REQUEST FOR ZONING INFORMATION 2605 Wayzata Boulevard PID: 33-118-23-13-0015 (2) Cabinet and carpentry shops, lumberyards millworks, electrical, plumbing and heating and air conditioning shop. (3) Manufacturing or assembly of a wide variety of products that produces no exterior noise, glare, fumes, obnoxious products, byproducts or wastes,or creates other objectionable impact on the environment.These shall include the following: a. Manufacturing,compounding,assembly,packaging,treatment or storage of products and materials.Expressly prohibited activities shall include:the stockpiling and recycling of aggregate materials or supplies of more than 25 cubic yards. (4) Office. (5) Office--Showroom. (6) Office--Warehouse. (7) Medical,dental and optical laboratories. (8) Research laboratories. (9) Inside storage or warehousing. (10) Governmental and public utility buildings and structures. (11) Essential services. (Ord.No.32 3rd series, §2,3-27-2006) Sec. 78-823. Conditional uses. (a) General provisions.Within the I-Industrial District,no structure or land shall be used for one or more of the following uses without approval of a conditional use permit. The following are conditional uses in the I-Industrial District: (1) Open and outdoor storage as an accessory use,provide that: a. The open storage area is screened and landscaped from adjacent residential uses and public right-of-way. b. The open outdoor storage area is surfaced with concrete or bituminous. C. The open outdoor storage area shall not be within any front yard or side yard abutting a public right-of-way. The open outdoor storage shall be setback five feet from all side and rear lot lines and shall not be located within a utility or drainage easement. d. The open outdoor storage area shall not utilize any required off- street parking, loading areas, or access space. e. The open outdoor storage area shall not be used for storage of hazardous liquids,solids, gases,or wastes. f. The property owner shall keep all outdoor storage areas free of refuse,trash,debris,weeds, and waste fill. (2) Commercial and public radio and television transmitting antennas,and public utility microwave antennas. (3) Commercial,private,and public satellite dish transmitting or receiving antennas in excess of two meters in diameter. v � REQUEST FOR ZONING INFORMATION 2605 Wayzata Boulevard PID: 33-118-23-13-0015 (4) Accessory, enclosed service activity other than allowed by a permitted use within the I-Industrial District. (5) Day care centers. (6) Trucking operations, but not distribution centers. (7) Trade schools. (8) Warehouse conversion to mini-storage. (9) Wholesale showrooms. (10) Deferment of parking. (b) Required conditions and policies of a conditional use permit.The burden of proof demonstrating compliance with the following criteria shall be the responsibility of the applicant. In determining whether to approve or deny a conditional use permit,the city council and planning commission shall find that the conditional use permit complies with the following criteria: (1) Comprehensive plan. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official comprehensive plan of the city. (2) Compatibility.The proposed use is compatible with adjacent present and future anticipated land uses. (3) Performance standards. The proposed use conforms with all applicable performance standards contained in this division. (4) No depreciation in value. The proposed use will not tend to or actually depreciate the area in which it is proposed. (5) Nuisance.Nuisance characteristics generated by the use will not have an adverse effect upon existing and future development in adjacent areas. (6) Economic return. The use will provide an economic return to the community and be commensurate with other industrial uses for which the property could feasibly be used.In considering the economic return to the city,the planning commission and city council may give weight to the sociological impact of proposed use,both positive and negative. (Ord. No. 32 3rd series, §2,3-27-2006) Sec. 78-824. Accessory uses. (a) General conditions. Within an I-Industrial district, the following uses shall be permitted accessory uses: (1) Fences. (2) Landscaping and decorative features. (3) Off-street loading. (4) Off-street parking. (5) Signs. (6) Mechanical and utility equipment, provided such equipment does not occupy a required yard adjacent to a street, and is fully screened from view of the public right-of-way. `+ 5 REQUEST FOR ZONING INFORMATION 2605 Wayzata Boulevard PID: 33-118-23-13-0015 (7) Telecommunication reception/transmission devices. a. Accessory antennas. Accessory antennas shall be limited to radio and television receiving antennas, satellite dishes, TVROs, and amateur shortwave radio transmitting and receiving antennas. Accessory antennas that are accessory to the principal use of the property are permitted accessory uses in all zoning districts, provided they meet the following conditions: 1. Height. A ground mounted accessory antenna shall not exceed 20 feet in height from ground level. 2. Yards. Accessory antennas shall not be located within the required front yard setback,corner side yard setback or side yard setback abutting a street. 3. Roofs.If vegetation or obstructions interfere with satellite signals at a location in any allowable placement area,the accessory antenna may be placed on the roof of any authorized structure on the premises. 4. Setback. Accessory antennas shall not be located within a required yard or setback area or within drainage or utility easements. Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the antenna. 5. Building permits. A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit.Building permit applications shall be accompanied by a site plan and structural component data for the accessory antenna, including details of anchoring. The building official must approve the plans before installation. 6. Lightning protection. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city. 7. Electrical code. Accessory antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the city. 8. Color/content. Accessory antennas shall be of a neutral color and shall not be used as signage. V i REQUEST FOR ZONING INFORMATION 2605 Wayzata Boulevard PID: 33-118-23-13-0015 b. Amateur shortwave radio antennas and towers. Amateur shortwave radio antennas and towers which do not meet the conditions for accessory antennas may be allowed with a conditional use permit in all zoning districts provided they meet the following conditions: 1. Height. When an amateur shortwave radio antenna is mounted on an antenna tower, the total height of the antenna and tower shall not exceed 65 feet. 2. Yards. Amateur shortwave radio antennas and towers shall not be located within a front, corner side, or side yard. 3. Setbacks. Amateur shortwave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and tower from the property line. (Ord.No.32 3rd series, §2,3-27-2006) 3. There are / are not (Circle One) applications filed for the property(ie. Special Use Permits, Conditional Use Permits, Variances, etc.) 4. The use of the property, as described above is: Yes No a. Permitted X b. Conditional (Explain) See Below X C. Nonconforming(Explain) X 5. There are records in the City files of unsatisfied zoning violations. X (If Yes,please explain) 6. Have variances been granted for the Property. (If Yes,please explain) X 7. Parking is in conformance with zoning requirements. X (If No,please explain) 8. Flood Insurance Rate Map (FIRM)—Firmette attached Property is in zone: Zone X Community Panel No.: 27053CO302E Dated: September 2,2004 9.Comments: See attached resolution numbers 4845,4993,5059,5084,5250,5388 and 5470 for detail of approved uses. The property is approved for wholesale and fleet auto sales,but not for general retail auto sales. 1 REQUEST FOR ZONING INFORMATION 2605 Wayzata Boulevard PID: 33-118-23-13-0015 This information was researched by the undersigned,on request,as a public service.The undersigned certifies that the above information in paragraphs 1-9 is believed to be accurate based on or relating to the information supplied, however, neither the undersigned nor the City assumes liability for errors and omissions. All information was obtained from public records which may be inspected during regular business hours. G' 771o1z- ,cam lS S y, L.I>z1 �N/S '� Signature Title Date O I 0 0 CITY of ORONO �L RESOLUTION OF THE CITY COUNCIL`gkES ,04�G NO. 4845 A RESOLUTION GRANTING CONDITIONAL USE PERMITS PER SECTION 10.50, SUBDIVISION 3 A AND INDUSTRIAL SITE PLAN APPROVAL FILE NO. 02-2795 WHEREAS,WJM Properties,LLC,has an interest in, (hereinafter"the applicant") and DRB #8, LLC is owner of the property (hereinafter "the owner" located at 2605 Wayzata Boulevard West within the City of Orono (hereinafter"the City") and legally described as follows: Exhibit"A"attached,Hennepin County,Minnesota(hereinafter"the property");and WHEREAS,the applicants have applied for a conditional use permit per Municipal Zoning Code Section 10.50, Subdivision 3 A to permit use of the property for a wholesale distribution facility, repair, parts warehouse, and fleet sales and leasing lot; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on June 17, 2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#02-2795. 2. The property is located in the I, Industrial District. 3. Automobile repair and wholesale operations are permitted uses in the I district. 4. Open sales lots,when a wholesale operation,and outside storage are conditional uses in the I district. 5. The Orono Planning Commission reviewed this application on June 17, 2002 and recommended approval by a vote of 7 to 0. Page 1 of 10 l 00 O CITYof ORONO 1$k 6y RESOLUTION OF THE CITY COUNCIL 4kZ's 0 �G NO. 4845 6. The Planning Commission made the following findings of fact: A. The Planning Commission finds the sales allowed on the property as a Permitted Use would be sales associated with a wholesale operation. In the Code under the general heading of`Processing'are a list of types of processes that would be allowed in the district. Processes would include conducting certain manufacturing, fabrication, storage,or wholesaling operations. The I district lists"automobile and truck painting,major repair,body and fender work,upholstering,tire recapping and sales when completely enclosed within a building." This would allow auto sales as a wholesale operation. B. The Orono zoning ordinance does not permit"retail sales"in the I,Industrial zoning district.Retail use of the property for automobile sales in the classic sense,i.e.general customer visits for the purposes of purchasing a vehicle or parts, is not permitted on the property. However, proposed uses such as the body shop, auto processing, and wholesale of cars and parts are permitted uses in the district. C. "Auto Sales Showroom"at the north end of the building will involve 32,800 s.f.within the building in addition to an outside open sales lot with stalls for 40 cars on display and for demonstration or test drives,all as part of the fleet sales and leasing operation. The operation of the showroom and open sales lot as proposed would meet the definition of a wholesale operation. D. The body shop and auto prep areas are permitted in the district. The body shop would be in an area of approximately 45,000 s.f. completely within the building. Vehicles stored waiting for body repair or for delivery would be stored in the outside storage area south of the building. E. The auto prep area will occupy 18,300 s.f. of building area. All auto prep will occur inside the building, Morries expects to receive approximately ten incoming loads of new automobiles per month. New automobiles will be unloaded and will be stored outside and delivered to dealerships. Total outgoing vehicles are estimated at 120 per month. Page 2 of 10 7 O . CITYof ORONO RESOLUTION OF THE CITY COUNCIL L`�kES0 NO. VA8 4 5 F. The storage area ofthe building comprises approximately 17,000 s.f. Storage will be for internal operating uses, owner storage, and storage of facility related equipment. The office is incidental to the operation of the facility. Both storage and office would be allowed as'incidental'uses of the building to the operation of the entire facility. G. The Conditional Use Permits for the outside sales lot and outside storage would require all items to be stored within a building;or shall be screened by a fence or wall not less than five feet in height and not less than 50%opaque. The Planning Commission finds a berm, not less that 3' in height, shall be constructed north of the outside sales lots with plantings with a height of 3'. The intent is to provide some visual screening to the outside sales area to not give the appearance of a retail sales lot. It is the understanding of the Planning Commission the outside display area is for the fleet customer test drive and viewing, but not to attract the general public to the site for individual purchase of vehicles. H. The Orono zoning ordinance does not define retail sales and wholesale sales. The City has used a general definitions book titled The Illustrated Book of Development Definitions. 1) Retail Trade "Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods." An important characteristic of retail establishments is that they are usually a place of business engaged in activity to attract the general public to buy. Retail establishments sell to customers for their own personal or household use. 2) Wholesale Trade "Establishments or places of business primarily engaged in selling merchandise to retailers;to industrial,commercial,institutional, or professional business users,or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies." Page3of10 O O , O g CITY of ORONO RESOLUTION OF TJ CITY COUNCIL �`9kESVE NO. 845 I. The Comprehensive Plan encourages a conversion to uses such as light . industrial and high tech medical that have a clean,professional appearance and are compatible with the planned office park on the north side of Highway 12, and the planned residential development west of Old Crystal Bay Road. The re-use of the WSI property is an opportunity to begin to set the character for the Industrial District in terms of use and appearance. J. Retail uses rely on advertising signage to attract customers, while wholesaling operations normally will provide signage primarily to identify the site. The signage that is proposed for the site includes a 65 s.f.monument sign to be located at the entrance to the property from Highway 12 (Morries Distribution Center Body Works) and building lettering totaling 117 s.f. (Morries Automotive Group). The Planning Commission finds the proposed signage does not suggest that the building is advertising for a retail auto dealership,but rather only identifying the individual user of the facility. 7. The City Council finds that granting a conditional use permit will not be detrimental to the health, safety or general welfare of the public, will not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties,nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 8. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicants and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby approves a conditional use permit per Municipal Zoning Code Section Section 10.50,Subdivision 3 A to permit use of the property for a wholesale distribution facility,repair,parts warehouse, and fleet sales and leasing lot subject to the following conditions: Page 4 of 10 O O O CITY of ORONO 3 RESOLUTION OF THE CITY COUNCIL S80 NO. 8 4 -K 1. The outside storage area located on the south side of the building shall be completely . screened with a 6' fence around the perimeter of the storage area. This is the area where all vehicles intended for body work will be stored when not within the building. 2. The individual storage area devoted to the parking of new vehicles and finished vehicles ready for delivery to dealerships shall be limited to 250 parking spaces.The area should be limited to the east end of the parking lot since adequate screening will not be located directly within the parking area. The total display parking for vehicles shall be limited to the 40 at the north ends of the parking lots. Such parking shall be 25 parking spaces north of the building and 15 spaces northeast of the building, as proposed on the site plan. 3. The parking lot shall have 6 planting islands located within the east parking lot per the recommendations. The intent of such plantings is to separate areas for display, customer parking and employee parking from the parking for vehicles that are intended for processing. 4. The display areas are proposed to use the existing trees that are on the property for screening. The new parking area on the north side of the building will require removal of at least one substantial tree on the north side of the building. The site plan indicates some of the trees will be relocated between the parking lot and the highway. Additional screening will be provided in the form of a berm(a minimum of 3' in height) with planting of junipers. The required screening shall screen the display parking areas from view to Highway 12. 5. The existing light poles in the east parking lot shall be removed and 4-twin head light fixtures on poles not to exceed 25' in height are permitted to be constructed to provide enough lighting to provide security and lighting to the property. 6. 5-twin head light poles,not to exceed a height of 20' are permitted to be installed at the north end of the display parking area. 7. All lighting fixtures shall be a "shoe box" style light fixture with a recessed light source, not allowing the light sources to be visible from any property line. Page 5 of 10 O O O g . CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL ESII04� NO. 49845 Because new areas of impervious surface are proposed, engineering information regarding the drainage area and rate calculations must be submitted by the applicant and approved by the City Engineer. Any required permits must be received from Minnehaha Creek Watershed District prior to occupancy of the property. 9. Applicant shall be placed on notice that future access to the property may change and applicant agrees to discuss the issue of access at such time the City or adjacent property owners initiate such discussions. 10. The industrial zoning district does not permit retail sales in the industrial distict. Such approvals granted within this site plan and conditional use permit allow only wholesale operations,bodywork,and warehousing with intent to distribute product. Such use would include fleet sales of automobiles to a commercial or corporate customer and wholesale trade of parts from the site. No advertising, lighting, or displays are permitted when the intent is to attract drive-by customers. 11. The signage is approved as submitted. Any additional signage shall require additional review. 12. Noise of the operation shall be in conformance with the Noise Ordinance. 13. Hours of operation for fleet sales and leasing shall be limited to 9:00 a.m. to 9:00 p.m. Monday through Friday and 9:00 a.m. to 6:00 p.m. on Saturday. 14. Periodic review of this conditional use permit for compliance regarding outside display and outside storage shall be allowed and conducted as deemed necessary by the City of Orono. 15. Approval of the site plan is subject to the applicant submitting a final guarantee in the form of a letter of credit for 150% of the improvement costs, per execution of a developers agreement. Upon final approval of the site plan the City Engineer will provide an estimate of the total improvement costs. 16. Authorities granted by the conditional use permit run with the property not with the applicants. 17. Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval shall constitute a violation of the zoning code,shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 6 of 10 O . CITYof ORONO ti RESOLUTION OF THE CITY COUNCIL �kESII0 NO. 484 18. The undersigned owner and applicant have read,understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns,hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 12th day of August, 2002. ATTEST: • ind'a S. Vee, City Clerk Barbara A. Peterson, Mayor Property O r Applicant STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this/1 2th day of August,2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. '`� RACHEL DODGE ;� NOTARY PUBuni�ioo LIC-MINNE^OTA Notary Public `'`-'� W CortExPum Jan.31,2005 L: Page 7 of 10 O O O +- CITY of ORONO RESOLUTION OF E CITY COUNCIL SA� NO. l� g4' s 8 4 kE STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this i tf* day of .hrtrn.;u ,2003 by Linda S.Vee,City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. n Notary Public DENISE M.LESKINEN NOTARY PUBLIC-MINNESOTA STATE OF MINNESOTA a ma � '31,2oc5 COUNTY OF HENNEPIN On this S�4day of f ,20oL, cuatC-Q personally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they exe ted the same as his/her/their free act and deed. Notarylic PETER W.JOHNSON NOTARY PUBLIC-Mff�lESOTA It Canrd dm E*=Jan.31,2005 Page 8 of 10 � O _ V CIA". - O CITY of ORONO RESOLUTION OF THE CITY COUNCIL S 0 NO. 4845 STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of , 20 , personally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of , 20_, personally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 9 of 10 Exhibit A 4845 LEGAL DESCRIPTION: Parcel .1: ' That .part .of the South .Half of the- ortheast Quarter of Section 33, Township 118, Range: 23, which lies East.of the East line of the plat of Orono. Industrial ! P&k and its.extensions; .arid West of the West line of the.plat of long Lake West industrial Park and its eictensions; Hennepin County, MIhniesota. Parcel 2: Lots.1 through 12, Inclusive. .Block 1. .Oron.o Industrial Park, and di of Lincoln Drive, vacated as shown on the plat or said Orono Industrial Park. Page 10 of 10 , CITY of ORONO �G~ RESOLUTION OF THE CITY COUNCIL `9kESII0 'NO. 4993 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.50, SUBDIVISION 3(A)(4) AND AN AMENDMENT TO THE EXISTING INDUSTRIAL SITE PLAN APPROVAL FILE NO. 03-2902 WHEREAS, WJM Properties, LLC, (hereinafter "the owner") is owner of the property located at 2605 Wayzata Boulevard West within the City of Orono(hereinafter"the City") and legally described as follows: Exhibit"A"attached,Hennepin County,Minnesota(hereinafter"the property");and WHEREAS,the applicants have applied for a conditional use permit per Municipal Zoning Code Section 10.50, Subdivision 3(A)(4)to permit construction and use of a private motor fuel station to support the body shop,auto prep and wholesaling operations previously approved for the site via Resolution No. 4845; and WHEREAS, the owner has applied for amendments to the Industrial Site Plan Approval granted via Resolution No. 4845 to allow refinishing of the west fagade of the existing building with Exterior Insulation Finish System(EIFS)to result in a more uniform appearance for the building; and to allow the development of an additional site access via a proposed 40-foot bituminous driveway from the east parking lot to the east property line; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on May 19,2003, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#03-2902. 2. The property is located in the(I)Industrial District. Page 1 of 6 Metro Legal Services Inc. Box 491 O O ti CITY of ORONO �� G~ RESOLUTION OF THE CITY COUNCIL �`9kESg0g� N0. ' y 3. "Motor fuel station"is allowed as a conditional use in the I district per Zoning Code Section 10.50 Subd. 3(A)(4). 4. The Orono Planning Commission reviewed this application on May 19, 2003 and recommended approval by a vote of 5 to 0. 5. The Planning Commission made the following findings of fact: A. The Planning Commission finds the two vaulted fuel storage tanks will be located at the southeast corner of the building, approximately 250' from the east lot line and 350' from the south lot line. Section 9.34 requires a minimum side/rear property line setback of 50'which is more than adequately met. No canopy is proposed, and the vaults will be located to the rear of the building where they will be virtually invisible from existing Highway 12,and not visible from new 12. No ancillary lighting or signage is proposed,and no additional screening of this system will be necessary. B. The proposed fuel system will meet all pertinent standards of Section 9.34. The Orono Fire Marshal has reviewed the plans and the location of the proposed vaults,and has recommended that the proposal be approved,subject to meeting all City and Fire code requirements. The vaults will be located in an area of the site that is currently paved and was approved for parking of vehicles to be repaired. There is a minor reduction in the number of parking stalls available for that use as a result of the tank location. There are no drainage issues associated with the proposal. C. Per the prior approvals, the north side of the building will be modified to be the primary customer entrance to the site. Those plans also noted the building fagade would be repainted. Due to the varied nature of the east facade of the front half of the building,the owner has chosen to resurface the existing block wall with EIFS as opposed to merely painting that facade. D. The owner was advised in Condition No. 9 of Resolution No. 4845 that access to the site may change in the future and the owner agreed to discuss the matter at such time that the City or adjacent landowners initiate such discussion. The owner has initiated discussions with Long Lake to attempt to Page 2 of 6 O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL `q$ESg04NO. 9 gain access to Industrial Boulevard to the east via a route behind the golf dome. It has long been the City's goal to establish access to/from the industrial park to signalized intersections and eventually eliminate direct accesses to Highway 12.The proposed access would be angled to align with the east-west driving aisle within the existing parking lot. E. There are a number of issues to be resolved before such a connection can be realized, not the least of which is poor soils and wetlands for most of the corridor. However, it is in the best interests of the City to support such an access if the owner is able to obtain it,and the City would be well served by establishment of easements through the property to serve adjacent industrial park parcels. 6. The City Council finds that granting a conditional use permit for the proposed private motor fuel station use will not be detrimental to the health,safety or general welfare of the public,will not adversely affect light,air nor pose a fire hazard or other danger to neighboring properties,nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission,reports by staff and comments of the applicants and the affect of the proposed use on the health,safety,and welfare of the community. CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby approves a conditional use permit per Municipal Zoning Code Section Section 10.50,Subdivision 3 (A)(4)to permit construction and use of a private motor fuel station to support the body shop,auto prep and wholesaling operations previously approved for the site via Resolution No. 4845; and approves amendments to the Industrial Site Plan Approval granted via Resolution No.4845 to allow refinishing of the west fagade of the existing building with Exterior Insulation Finish System(EIFS) to result in a more uniform appearance for the building•, and to allow the development of an Page 3 of 6 O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL `9kESg0g' NO. 4993 additional site access via a proposed 40-foot bituminous driveway from the east parking lot to the east property line, subject to the following conditions: 1. The proposed fuel system shall meet all pertinent standards of Section 9.34,and shall meet all pertinent Fire Code requirements. 2. Applicants shall agree to work with the City in establishing easements as necessary to access adjacent properties if applicants are able to gain access via the proposed easterly corridor. 3. The conditions of Resolution No. 4845 shall remain in effect except as modified by this Resolution. 4. Authorities granted by the conditional use permit run with the property not with the applicants. 5. Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval shall constitute a violation of the zoning code,shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned owner has read,understands and hereby agrees to the terms of this resolution and on behalf of himself,his heirs,successors and assigns,hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular 014i'MIT day of June, 2003. -N I v "•1 {{ f W { �.,�iifta= ; •Y� y Clerk Barbara A. Peterson, Mayor Property er(s) Page 4 of 6 O O ti CITYof ORONO RESOLUTION OF THE CITY COUNCIL `9kESi'iO4� NO. 4993 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 9th day of June, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public AUSM A.WINTMEIMM STATE OF MINNESOTA NMMYMC-MW&WTA COUNTY OF HENNEPIN W Cwmftw Expires Jan.31,2W6 The foregoing instrument was acknowledged before me on this ! 2 t� Y da of 200 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE NOTARY PUSUC-MNNNE?0TA .1 Notary Public is Fly Conanieaion ExpYea Jan.31.2005 a� Page 5 of 6 O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL �kE3II0 NO. 4993 STATE OF MINNESOTA COUNTY OF HENNEPIN On this 1 may of . wr..e , 2001 , 1 &Lg t c-L a;Q„� V personally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation a credible witness and who executed the foregoing instrument, and acknowledged that he/shg/they xec ted the u� same c 66%4U � L���-A Lab! 41 C"o,.V PETER W.JOHNSON wort Notary blic STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ,20_, personally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 6 of 6 Exhibit A Resolution No. 4993 LEGAL. QESCRIPT1Ot : , That .part of the SoUtli .Half of the `xiortheast Quarter of Section 33, Tbwri hip s , 118,, Range: 23, which lies East .of the East line of the Plot of Ooho Industrial. Park and its extension§; .arid West of the West line of `the.plat of long Lake ' -West Industrial Pdrk and its e3ctenslons; Hennepin County, 1 thnesota. Parcel 2: ' ( Lots•1 throcigh 12, inclusive, .plock 1; .Orono Industrial Park; and all. of Lincoln Drive, vocated. as shown ori the plat or 'sold Orono Industrial Park. rn o, n�i M- -n-n p 71 CO rn c t 1 _ 0 CITY of ORONO ti • ~ RESOLUTION OF THE CITY COUNCIL ^ r G L9kESII04� NO. 5059 ha' A RESOLUTION ^� EXTENDING THE EFFECTIVE PERIOD OF RESOLUTIONS NO. 4845 AND NO.4993 AND GRANTING AN INTERIM AMENDMENT TO CERTAIN CONDITIONS OF RESOLUTION NO.4845 FILE NO. 03-2948 WHEREAS, WJM Properties, LLC, (hereinafter "the applicant") is owner of the property located at 2605 Wayzata Boulevard West within the City of Orono(hereinafter"the City") and legally described as follows: Exhibit"A"attached,Hennepin County,Minnesota(hereinafter"the property");and WHEREAS,the applicant has applied for an interim amendment to and extension of the conditional use permit and industrial site plan approval originally granted via City Council Resolutions No. 4845 adopted on August 12,2002 and modified via Resolution No. 4993 adopted June 9, 2003; and WHEREAS,the applicant has applied for an amendment to the Industrial Site Plan Approval granted via Resolution No.4845 to allow the interim use of a semi-opaque fence,five feet in height that runs along the entire length of the north edge of the east parking lot and a distance of thirty feet south from the northeast corner of said lot, instead of the previously approved landscape berms and plantings in the same designated area; and WHEREAS,the applicant has requested a 16-month extension of the effective period of Resolutions No. 4585 and No. 4993 to December 31, 2004, due to delays caused primarily by conditions imposed by the Minnehaha Creek Watershed District related to wetland buffer and easement requirements,as noted in the applicant's letter of request which is part of the public record of application #03-2948; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 15, 2003, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Page 1 of 6 O O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL SH0 NO. 5059 NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#03-2948. 2. The property is located in the(I) Industrial District. 3. The Orono Planning Commission reviewed this application on September 15,2003 and on a vote of 7 to 0, recommended approval of extension of the timeframe for applicant to meet the conditions of approval of Resolutions No. 4845 and No. 4993 to December 31,2004;and recommended approval of an amendment of the existing CUP to allow for interim use of fencing in lieu of berms and vegetation along the north and northeast sides of the parking lot, per applicants stated amendment language(Page 2 of Letter of Request)but subject to the condition that the berm and plantings shall be required at such time that the applicants' issues with the MCWD are resolved. 4. The City Council finds that interim use of a screening fence rather than berms and vegetative plantings on a temporary basis will have no long-term detrimental visual impacts during the limited 16-month time frame proposed by the applicant,but that use of the display parking area after December 31,2004 should be allowed only with the berm and plantings in place as required by Resolution No. 4845. The"display parking area"referred to herein means just the 40 stalls approved for display use in Condition No. 2 on Page 5 of Resolution No. 4845, of which 25 would be directly north of the building and 15 would be at the extreme north end of the main parking lot. 5. The City Council finds that the basis for an extension of the effective period of Resolutions No. 4845 and No. 4993 as presented by the applicant is a unique circumstance which supports the granting of the extension. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission,reports by staff and comments of the applicant and the effect of the proposed use on the health, safety, and welfare of the community. Page 2 of 6 O O O ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL ��9kESI;0 �6 NO. 5059 CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby approves a 16-month extension of the effective period of Resolutions No. 4585 and No. 4993 to December 31, 2004, due to delays as noted in the applicant's letter of request which is part of the public record of Application#03-2948; and hereby approves an amendment to the Industrial Site PlanApproval granted via Resolution No.4845 to allow the interim use of a semi-opaque fence,five feet in height along the entire length of the north edge of the east parking lot and a distance of thirty feet south from the northeast corner of said lot,instead of the previously approved landscape berms and plantings in the same designated area, subject to the following conditions: 1. The berm and plantings as required by Resolution No. 4845 shall be installed at such time that the applicants' issues with the MCWD are resolved,but in any event shall be installed no later than December 31, 2004. 2. The conditions of Resolutions No. 4845 and No. 4993 shall remain in effect except as modified by this Resolution. 3. Authorities granted by the conditional use permit run with the property not with the applicant. 4. Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval shall constitute a violation of the zoning code,shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant and property owner has read, understands and hereby agrees to the terms of this resolution and on behalf of himself,his heirs,successors and assigns,hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 3 of 6 7 1 O O W . O ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL Sg0g�G NO. 5 0 s Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the* 3th day of October, 2003. 111 �f' o-✓ y/ t '. 1 Y a j� x,a tt � «chi 0a �TS Cri:. ��.f •yri e', Wj,� �t t'L , `� y' 1tty`.Clerk Barbara A. Peterson,Mayor 1 � 4 t g vj fFoi V�? ';Pr e 'es, LLC: Maurice J. gener, C64ef Manager Page 4 of 6 ( 1 O O O ti CITY of ORONO RESOLUTION OF TH8CITYY COUNCIL `q�fESgOg' NO. S e STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 13th day of October, 2003 by Barbara A. Peterson,Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public ALISSA A.WINTERNHEIMER STATE OF MINNESOTA NOTARY PUBLIC-MINNESOTA COUNTY OF HENNEPIN ems" MY Commission Exp°ras J.7n.31,2006 The foregoing instrument was acknowledged before me on this Z rcday of �e t 4m bz-)-1 ,200-5 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RACH'L DODGE I NOTARY PUBLIC-MINN! "OTA d My Correeission Expires Jan.3 ?^C5 ' G Notary Public Page 5 of 6 O 0 Aq O ti CITY of ORONO �0 RESOLUTION OF THE CITY COUNCIL `q$ESg04NO. STATE OF MINNESOTA COUNTY OF HENNEPIN ` 1 This instrument was acknowledged before me this 2.64- day of 2003 by �Ad a '\'c -' '- "�extr C�nV4 , of W Properties, LLC, a Minnesota limited liability corporation, on behalf of the corporation. 'I -VPATRICIA A.IVZ7: �\ NOTARY PUBLIC-M NNE J'A Public rAf Ciavril.011 CX�'rw Jamv� y K >.w Page 6 of 6 EXHIBIT A 50 RESOLUTION NO. LEGAL DESCRIPTION Parcel 1: That part of the South Half of the Northeast Quarter of Section 33,Township 118,Range 23,which lies East of the East line of the plat of Orono Industrial Park and its extensions,and West of the West line of the plat of Long Lake West Industrial Park and its extensions,Hennepin County,Minnesota. Parcel 2: Lots 1 through 12, inclusive, Block 1, Orono Industrial Park, and all of Lincoln Drive, vacated as shown on the plat of said Orono Industrial Park, Hennepin County, Minnesota. a: WME OF THE REGISTRARa gam, OF'ITLES }p JPj WUNTY,IANNESOTA CERTIFIED FILED ON fA,PR 0 5 2004 BY SS 4044063 0 �� %,-, 0 & CITY of ORONO A IN ti RESOLUTION OF THE CITY COUNCIL SH0g�G NO. 5084 A .P C3 A RESOLUTION GRANTING W AN AMENDMENT TO THE EXISTING INDUSTRIAL SITE PLAN FILE NO. 03-2963 WHEREAS, WJM Properties, LLC. (hereinafter the applicant) is owner of the property located at 2605 Wayzata Boulevard West within the City of Orono (hereinafter "the City") and legally described as follows: Par l: That part of the South half of Northeast Quarter of Section 33, Township 118, Range 23, which lies East of the East line of the plat of Orono Industrial Park, and its extensions and West of the West line of the plat of Long Lake West Industrial Park and its extensions, KD Hennepin County, Minnesota Par 2: Lots 1 through 12, inclusive, Block 1, Orono Industrial Park, and all of Lincoln Drive, vacated, as shown on the plat of said Orono Industrial Park (hereinafter the"property"); and WHEREAS, the applicant has applied for a Commercial Site Plan Review per Municipal Zoning Code Section 78-821 to allow a 20' x 75' addition to an existing detached garage structure on the property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Page 1 of 5 1 1 O O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL SE NO. 5024 Commission held a public hearing on November 17, 2003, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 403-2963. 2. The property is located in the(1)Industrial District. 3. The proposed addition is an allowed use in the I district per Zoning Code Section 78-824. 4. The Orono Planning Commission reviewed this application on November 17, 2003 and recommended approval by a vote of 6 to 0. 5. The Planning Commission made the following findings of fact: A. The Planning Commission finds the 20' x 75' addition meets all setbacks per Section 78-825 (e). The addition also conforms to the Lot Coverage requirements of Section 78-825 (c). B. The proposed addition will result in a loss of approximately 5 parking stalls, however the property will still conform to the parking requirements of Section 78- 1516 (20). C. The City Council finds that approval of the commercial site plan for the proposed garage addition will not be detrimental to the health, safety or general welfare of the public, will not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. D. The City Council has considered this application including the findings and Page 2of5 S t � O� O O ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL SII04�G NO. 5084 recommendations of the Planning Commission, reports by staff and comments of the applicants and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby approves the commercial site plan to allow a 20' x 75' addition to an existing detached garage structure on the property, subject to the following conditions: 1. The addition is constructed consistent with the plan submitted and annotated on Exhibit A. 2. Violation of or non-compliance with any of the terms and conditions of the commercial site plan approval shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned owner has read, understands and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held onAW9, cry of November, 2003. `,��kq tt" ttry.•t 7yµ 38 'P.rt � t4 j P ✓'IP 'S .y1�W.:':. NP. 0 ,; clerk Barbara A. Peterson,Mayor t. Property Ovmer(s) Page 3 of 5 O O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL 15084 SI30g' NO. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 2� �ta— y of 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public ALISSA A.WINTERNHEIMER LQso NOTARY PUBLIC-MfNNESOTA My ComnVsWon Exyires Jan.31.2% 1,Y00B STATE OF MINNESOTA COUNTY OF HENNEPIN d The foregoing instrument was acknowledged before me on this 2-n day of C'L mbyl ' 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Rp,GHEI DODGE !; 4 t'- ` fOTAC R 108Wm Ja Chi,20 my Notary Public TRANSFER ENTERED MENNEPW CCuNT`i TAXPAv,7P SFR%/!CES NOV 18 ?004 Page 4 of 5 i 1 O O O ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL �t`9kESI't0NO. 5084 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 21,4 day of , 2003 by C.n. W g4 c...z , CA kp ri a'-&-span , of WJM Properties, LLC, a Minnesota limited liability corporation, on behalf of the corporation. Notaryis PETER W.JOHNSON WTMY PUBLIC•MWNESOTA My Convnissbn Expires Jan.11,'"5 Page 5 of 5 nwpts(COO .. ^•".•'•"..w�°iwis 'ate rtruvs Sm rix7Kan 4lodr3rw ? •`.`"� anouoGMYsa�uuor� ASPWU Nl*I�i zWAS VLM~'ONOWa 5 ® 84 0 Z o %r A LU s� age Js �����llllllllll rs T f�a s it 8 �" Z�N _ XON T s w R Y d W y 1 f (n 0 � 4 1f all! •� — ® O�0 O144 HO --- ------- ---------- --- rsrg 6E f3a Vic �� f� z f6f� CiTd , fEd u'ep, ;021 0 A 1 8 V I V Z A V M — Z l k V M H 0 1 H h: 4044063 W 04, O c Q d' OFFICE OF THE REGaSTRAR OF TITLES HENNEPIN COUNTY,MINNESOTA CERTIFIED FILED O�NN NOV 8 2004 E R OF TITLES BY DEPUTY n� It k t l 0,�. 0 CiTyof ORONO ti RESOLUTION OF THE CITY COUNCIL S 04 NO. g 2 5 A RESOLUTION EXTENDING THE EFFECTIVE PERIOD OF RESOLUTIONS NO. 4845,NO. 4993,NO. 5059 AND NO. 5084 AND GRANTING AN AMENDMENT TO CERTAIN CONDITIONS OF RESOLUTION NO. 4845 FILE NO. 04-3063 WHEREAS, WJM Properties, LLC, (hereinafter "the applicant") is owner of the property located at 2605 Wayzata Boulevard West within the City of Orono(hereinafter"the City") and legally described as follows: Exhibit"A" attached,Hennepin County,Minnesota(hereinafter"the property"); and WHEREAS, the applicant has applied for an amendment to and extension of the conditional use permit and industrial site plan approval originally granted via City Council Resolutions No. 4845 adopted on August 12, 2002 and modified via Resolution No. 4993 adopted June 9, 2003; Resolution No. 5059 adopted October 13, 2003; and Resolution No. 5084 adopted November 24, 2003 ; and WHEREAS,the applicant has applied for an amendment to the Industrial Site Plan Approval granted via Resolution No. 4845 to allow revisions to the approved lighting plan for the easterly parking lot; and WHEREAS,the applicant has requested a further extension of the effective period of Resolutions No. 4585, 4993, 5059 and 5084 to December 31,2005, due to delays caused primarily by conditions imposed by the Minnehaha Creek Watershed District related to wetland buffer and easement requirements,as noted in the applicant's letter of request which is part of the public record of application#04-3063; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on October 20, 2004 and November 3, 2004, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Page 1 of 6 0.,�' O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL �kESII04 NO. 5250 NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#04-3063. 2. The property is located in the (I) Industrial District. 3. The Orono Planning Commission reviewed this application on October 20,2004 and on a vote of 7 to 0, recommended approval of extension of the timeframe for applicant to meet the conditions of approval of Resolutions No. 4845, 4993, 5059 and 5084 to December 31, 2005; and after further review of the application at a continued public hearing on November 3,2004 recommended approval on a vote of 6-0 for an amendment of the existing CUP to allow for revisions to the approved lighting plan for the easterly parking lot, finding that the proposed lighting plan to increase from four 25-foot poles each with double-1000 Watt downcast shoe-box style fixtures,to twelve such poles,will have no significant impacts on neighboring properties, and finding that such lighting is appropriate for the uses approved for the property. 4. The City Council finds that the proposed increase in lighting under the proposed plan will have minimal impacts on surrounding properties and is necessaiy to support the uses approved for this site while being designed in a manner that will minimize direct lighting spillover to surrounding properties. 5. The City Council finds that the basis for an extension of the effective period of Resolutions No. 4845, 4993 and 5059 as presented by the applicant is a unique circumstance which supports the granting of the extension. 6. The City Council has considered this application including the findings and recoinunendations of the Planning Commission,reports by staff and comments of the applicant and the effect of the proposed use on the health, safety, and welfare of the community. Page 2 of 6 0,�. O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL `gXESg0g' NO. 16250 CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby approves an extension of the effective period of Resolutions No. 4585, 4993, 5059 and 5084 to December 31,2005;and hereby approves an amendment to the Industrial Site Plan Approval granted via Resolution No. 4845 to allow revisions to the easterly parking lot lighting plan to increase from four 25-foot poles each with double-1000 Watt downcast shoe-box style fixtures, to twelve such poles, subj ect to the following conditions: 1. The berm and plantings for parking lot screening as required by Resolution No. 4845 along the northerly and northeasterly perimeters of the easterly parking lot shall be installed no later than June 30, 2005. 2. The conditions of Resolutions No. 4845, 4993, 5059 and 5084 shall remain in effect except as modified by this Resolution. 3. The lighting plan is approved per the site and lighting plans attached hereto as Exhibit B,and any further revisions to these plans may require fiirther City review and approval. 4. The applicant is advised that the lighting plan herein approved is considered by the City to be the maximum extent of lighting that will be approved for the easterly parking lot. 5. Authorities granted by the conditional use pen-nit run with the property not with the applicant. 6. Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval shall constitute a violation of the zoning code,shall automatically tenninate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant and property owner has read, understands and hereby agrees to the terms of this resolution and on behalf of himself,his heirs,successors and assigns,hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 3 of 6 r 01V' O O ti CITY of ORO. ON ti RESOLUTION OF THE CITY COUNCIL � SII04�G NO. 6250 Adopted by the City Council of the City of Orono,Minnesota at a regular meeting held on the 8th day of November, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson,Mayor For WJM Proties, LLC: Maurice J ,Wage , Chief Manager Page 4 of 6 0,�. O � CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL �kESI'i0'4�' NO. 5250 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 8th day of November, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public ' r JACKIE YC; j NOTARY PUBLIC-MINr;��^�A STATE OF MINNESOTA My Commission Ex-ire;Jan.3 «�5 �T:Yi COUNTY OF HENNEPIN The foregoing instrument was aclmowledged before me on this / c-==-f't` day of C' 200 L.{ by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE NOTARY PUBLIC-MIWES^TA My Commission Exphs Jan.31,^c - Notary Public Page 5 of 6 O O O CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL 0 NO. .5250 kESfI STATE OF MINNESOTA COUNTY OF HENNEPIN Vk This instrument was aclaZowledged before me this day of , 2004 by 11 a ►�¢, ,j . Q , of WJM Properties, LLC, a Minnesota limited liability corporation, on behalf of the corporation. PEGGY .KING Notary is Ptdft Mrd.wrw�Nr..�t.�olr Page 6 of 6 EXHIBIT A 6250 RESOLUTION NO. Legal Description LEGAL DESCRIPTION: Parcel .1: That .part .of the Sauth .Half of the Northeast Quarter of SectIon 33, Township 118, Range: 23, which lies East, of the East tine of the plot of Orond. Industrial Park and its.extensions; acrid West of .the West line of the.plat of long Labe- ' West Industrial Park and Its citterisions; Hennepin County, Wnnesota. Parcel 2: Lots 1 through 12, inclusive, .Block 1, •Orono Industrial Park; and ail. of Lfr►coln Drive, vacated as siiown ori the plat or "said Orono Industrial Park. EXHIBIT B 5250 RESOLUTION NO.- Approved Site Lighting Plan ,., ,, R, „ ,.• ,.. t. ,.. t, t, t ,.. ,.. M t, ,.• ,.. ,.• ,.• ,.. R, t• ,.. ,.. R. ,., w. ,. t. R. t. ,.. R. .. ,+ ,. M t, t• M ,+ ,., t. t. `; M w, t. ... ,., M R. �. ,w_..a1I 1T,.- ,,-.l JJJ 1• 1, t".It 1. 1., 1. 1. V. 1. U 1. C;16 EXISTING BLDG . 60, Doc No T4827535 Certified, filed and/or recorded on 1/21/11 10:00 AM Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Jill L. Alverson, County Auditor and Treasurer Deputy 33 Pkg ID 686604 Doc Name: Conditional Use Permit Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1120362 This cover sheet is now a permanent part of the recorded document. A RESOLUTION GRANTING CONDITIONAL USE PERMIT PER SECTION 78-823 AND AN AMENDMENT TO THE EXISTING INDUSTRIAL SITE PLAN APPROVAL PER SECTION 78-821 FILE NO. 05-3115 ' I 1 • i O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL �kESI30 NO. 5 3 8 8 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER SECTION 78-823 AND AN AMENDMENT TO THE EXISTING INDUSTRIAL SITE PLAN APPROVAL PER SECTION 78-821 FILE NO. 05-3115 WHEREAS, WJM Properties, LLC, (hereinafter "the Owner") is owner of the property located at 2605 Wayzata Boulevard West within the City of Orono (hereinafter "the City") and legally described as follows: Exhibit"A"attached,Hennepin County,Minnesota(hereinafter "the property"); and WHEREAS,the applicants have applied for a conditional use permit per Municipal Zoning Code Section 78-823 to permit the expansion of a paved parking area to support the body shop, auto prep and wholesaling operations previously approved for the site via Resolution No. 4845; and WHEREAS, the owner has applied for an amendment to the Industrial Site Plan Approval granted via Resolution No. 4845 per Municipal Zoning Code Section 78-821 to allow construction of a 50' x 100' accessory garage structure to be located south of the existing principal structure on the site; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 19, 2005, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#05-3115. 2. The property is located in the (I)Industrial District. Page 1 of 6 0 0 CITY of ORONO ti RESOLUTION OF THE E3 8 8 COUNCIL `�x'ESIiO� NO. 3. The proposed parking area expansion is nominally 200' x 200' in area, with additional paving to serve the proposed garage in an area approximately 75' x 90' in area, constituting in total approximately 46,750 s.f. of added paved hardsurface in addition to the 5,000 s.f. proposed building. 4. The Orono Planning Commission reviewed this application on September 19, 2005 and recommended approval by a vote of 7 to 0 based on the following findings: a) The proposed parking addition allows for an expansion of the outdoor storage for which a CUP was previously granted via Resolution No. 4845 in August 2002. This new lot takes the place of the 200' x 200' parking lot originally approved at the ZD southwest corner of the main building but which was never constructed. b) The proposed parking/outdoor storage expansion is located at the south end of the existing parking lot and is remotely located from Highway 12 and from adjacent developed properties, such that additional screening of the storage is not warranted. C) The proposed building expansion is an allowed accessory use in the I (Industrial) District per Section 78-823. The proposed building meets the minimum 5,000 s.f. area requirement of Section 78-825(b). Building height with the flat roof proposed will be approximately 201, meeting the 40' I District height limit. The building will be setback more than 250' from all lot lines and approximately 95' from the main building, meeting all required pertinent setbacks. The addition of this building will bring this 23-acre site to approximately 27% structural coverage, far below the 45% limit for the I District. The building addition is not visible from Highway 12 and should not require screening due to its relatively central location within the site. d) The building will be constructed of aggregate-faced precast concrete panels, which due to the inconsistency of building facade materials and colors on the site should be colored to closely match the color of the recently re-sided accessory garage building adjacent to the new garage building. e) Lighting for the parking area is proposed to be a continuation of the approved lighting plan. This is acceptable and is expected to have no impacts on adjoining residential properties which are all more than 600' distant from the parking area. Page 2 of 6 O � CITY of ORONO ti RESOLUTION OF TH; CIT8Y8000NCIL �kEsl'i0� NO. 5. The applicant has submitted a grading and drainage plan which directs all runoff from the site to the "Kenobi Pond" stormwater management ponding area to the immediate southeast of the property, which is being developed by MnDOT as part of the Highway 12 project. The City Engineer has granted preliminary approval for this grading and drainage plan, and final approval should be subject to meeting all conditions of approval to be established by the City Engineer. 6. The City Council finds that granting a conditional use permit for the proposed parking lot/outside storage expansion and granting site plan approval for the proposed garage building will not be detrimental to the health, safety or general welfare of the public, will not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicants and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby approves a conditional use permit per Municipal Zoning Code Section 78-823 to permit the expansion of a paved parking area to support the body shop, auto prep and wholesaling operations previously approved for the site via Resolution No. 4845; and hereby approves an amendment to the Industrial Site Plan Approval granted via Resolution No. 4845 per Municipal Zoning Code Section 78-821 to allow construction of a 50' x 100' accessory garage structure to be located south of the existing principal structure on the site; subject to the following conditions: 1 . All work shall be in conformity with the approved site plan and building plans attached to this resolution as Exhibit B. Any revisions to building or site plans may require additional review by the City Council 2. Applicant shall color-match as closely as possible the new concrete aggregate-face building facade with the recently re-sided accessory building color. Page 3 of 6 O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL�Gti 5388 `�kES80 NO. 3. The applicant shall obtain a building permit for the accessory structure and a land alteration permit for the parking expansion prior to comniencing construction of said improvements. 4. Final grading and drainage plans shall be approval by City Engineer prior to issuance of building permits or land alteration permits. 5. The conditions of Resolution No. 4845 and subsequent relevant Resolutions shall remain in effect except as modified by this Resolution. 6. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit and land alteration permit within one year of the date of Council approval, or the approvals will expire on that date (October 10, 2006). 7. Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned owner has read, understands and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 10th day of October, 2005. lub ra S V, ,' Clerk Barbara A. Peterson, Mayor perty Owners) O 4 CITY of ORONO Aq ti ti RESOLUTION OF THE CITY COUNCIL S 04�G NO. 5 3 8 8 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 10th day of October, 200 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. otary JACQUELYN M.YOUNG Notary Public-Minnesota � My Cgnmfesi0n Exoms Jon 31,2010 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 1 144-4— day of r"1­0 bel , 200!�-) by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE �- NOTARY PUBLIC-MINNESOTA Notary Plublic My Commission Expires Jan.31,2010 Page 5 of 6 O O ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL LoNO. 5 3 8 8 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me on this LOA day of Oclok , 2005 by Maurice J. Wagener, Chief Manager of WJM Properties, LLC, a Minnesota limited liability corporation, on behalf of the corporation. PETS W.JOfI" Not ublic twmyKWICWMAM- Mi Cama UW EVkft Jan.31,2010 I I POW a a] Page 6 of 6 CERTIFICATE OF SURVEY FOR _ MORRIES AUTOMOTIVE GROUP IK.-THE NE 1/4 OF SEC. 33-118-23 HENNEPIN COUNTY, MINNESOTA i P,Iw 9 N c S 89°06'3Z'E 1 j�aRame`n,..e.r.-\.% 556.66 15 00 �,, y 5 B9•D6'32'E �•\ _ .. ....L 777 '-�� ,1. 29.85 _lair-- — . -m-• ..-- / / 1 � l`�MIS toljl / Ir \ ROTE WEST CATCH BASINS ARE PRIMARILY INTENDED FOR USE AS CLEANOUTSAND FOR W OF TIE SIXRNCH PEATEORANTLE WITH III�I OMRVATION1 .3. I I FILTER SOCK. PLFy i 3 ALL STORM OUTLETS TO INCORPORATE rI c1 ; CLASS t RP RAP LIMESTONE BUFF 1;I a COLOR OVER CEOTEKTLE AND FLARED END SECTIONS. THE TWO SOUTH IB NCM OUTLETS WILL BE EXTENDED TO FUTURE ANOOT DITCH THAT WLL BE CONSTRUCTED AFTER TUE FREEWAY RETANNO WALLS ARE PLACE. a 11 I I THIS DITCH PLAN N UNDER REVEWN r WITH ARES CONSTRUC,IDN AND WOOT. EXISTING i- S 69°09'23'E 228.03 '1 d. BUILDING 52605r \ I I CD ar11 I 1 \, 1 I cII ...°.�f�. --__� a ( i Y\.®ten no.ocrrwa°r,• 11� rJ o � I\ 11 I i I � i .ira I '•,A I I I I PRDPaSED GRASS AREA -------- / n I j!" 96 I 1 � �•�p,,�� 1 \\, I ba FRaFDSEO i/ / I l j I I Go II f 1 1 \\ i •, i �r t - / � iiI I I l i X111 I(ENOBI JJBTN=[a NWL= C,. 1o0YI+.0 1111 .IIrk\ \ .°i.am"v on� N�wvr"c}row,l,,•_�� .va rK rear 1 II I \\ 1-- L.---.-.-.-_-.-.---_ .--I---------""- N 89'09'23'V� - -_ mNDF CJ1 W--- co co V v 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 resolution adopted at the meeting of the Orono City Council on October 20, 2005 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such Administrative Assistant and the Corporate seal of the City this 10/* day of , 2011. Monica A Fadness,Admin.Assistant seal City of Orono EXHIBIT A RESOLUTION NO. 5388 rY .Q !t LEGAL DESCRIPTION (PINS #33-118-23-13-0015) LOTS 1 THROUGH 12, INCLUSIVE, BLOCK 1, ORONO INDUSTRIAL PARK, INCLUDING ADJACENT VACATED ROAD (LINCOLN DRIVE), AS SHOWN ON THE PLAT OF SAID ORONO INDUSTRIAL PARK, HENNEPIN COUNTY, Q- MINNESOTA; AND THE EAST 460.5 FEET OF THE WEST 94 RODS OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 33, TOWNSHIP 118N, RANGE 23 W, EXCEPT ROAD; ALSO EXCEPT PARCEL 203 AS SHOWN ON MN/DOT PLAT NO 27-57 AND }: ' PARCEL 48 AS SHOWN ON MN/DOT R/W PLAT NO 27-129. 4 }"k y ,y Doc No 4290778 08/07/2006 09:00 AM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 244181 Deputy 16 New cert Cert Fees 1120362 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total 1 .N 1 0 1 A RESOLUTION GRANTING AMENDMENTS TO THE EXISTING CONDITIONAL USE PERMIT PER SECTION 78-823 AND AN AMENDMENT TO THE EXISTING INDUSTRIAL SITE PLAN APPROVAL PER SECTION 78-821 AND DENYING A CONDITIONAL USE PERMIT FOR FLAG POLE HEIGHT PER SECTION 78-1366 FILE NO. 06-3185 42-3 D7 O O O ti CITY of ORONO RESOLUTION OF TT C� JIYOCOUNCIL `4kESIIO� NO. 4 A RESOLUTION GRANTING AMENDMENTS TO THE EXISTING CONDITIONAL USE PERMIT PER SECTION 78-823 AND AN AMENDMENT TO THE EXISTING INDUSTRIAL SITE PLAN APPROVAL PER SECTION 78-821 AND DENYING A CONDITIONAL USE PERMIT FOR FLAG POLE HEIGHT PER SECTION 78-1366 FILE NO. 06-3185 WHEREAS, WJM Properties, LLC, (hereinafter "the applicant") is owner of the property located at 2605 Wayzata Boulevard West within the City of Orono (hereinafter"the City") and legally described as follows: Exhibit"A" attached,Hennepin County,Minnesota (hereinafter"the property"); and WHEREAS, the applicant has applied for amendments to the Conditional Use Permit granted in August 2002 via Resolution No. 4845 with regards to outside storage of motor vehicles, and for amendments to the prior industrial site plan approvals to allow for additions to existing buildings on the site and expansion of the existing parking areas to support the body shop, auto prep and wholesaling operations previously approved for the site via Resolution No. 4845, and for a conditional use permit to allow two flag poles at a height of 60' where only 40' would normally be allowed; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on April 17, 2006, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, because this application was filed and deemed to be complete prior to the effective date of City Ordinance No. 32, 3rd Series, this application is subject to the ordinances in effect prior to said Ordinance No. 32, and all Code references herein pertain to the code in effect prior to said Ordinance No. 32. Page 1 of 8 O O O ti CITY of ORONO ti �L RESOLUTION OF THE CITY COUNCIL SIID4�G NO. 54 r 0 NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#05-3185. 2. The property is located in the (1) Industrial District. The property is subject to a number of prior approvals documented in Resolutions No. 4845 (August 2002);No. 4993 (June 2003); No. 5059 (October 2003); No. 5084 (November 2003); No. 5250 (November 2004); and No. 5388 (October 2005). 3. Applicant proposes a 150' x 175' (25,620 s.f.) addition to the main building, squaring off the southwest corner of the building. 4. Applicant proposes to create a 10' x 25' walkway connection between the two existing detached truck garages. 5. Applicant proposes to abandon the south half of the 200' x 200' parking lot extension approved in 2005, which has has been graded and graveled, but not paved. Applicant is proposing to create a new 160' x 220' (35,000 s.f.) parking area directly south of the new main building addition, plus a new 26' x 210' (5,500 s.f.) connecting driveway south of the truck garage. The net result is 20,500 s.f. of bituminous hardcover over and above the level of previous approvals. 6. Applicant requests a CUP per Section 78-1366 to allow two (2) 60-foot high flag poles, where the code would normally limit such poles to 40'. One would be located directly behind the new monument sign adjacent to Highway 12, the second to be located in the midpoint of the large easterly parking area, about 450' south of Highway 12 and 180' west of the east lot line. 7. Applicant requests an amendment of the existing CUP conditions within Resolution No. 4845 to allow, as part of the fleet sales and leasing element of the operation, more than the 40 `demonstration' or `display' vehicles currently allowed, but those in excess of 40 would be stored to the south end of the east lot. 8. The Orono Planning Commission reviewed this application on April 17, 2006 and on a vote of 5-1 recommended approval all elements of the current request with the exception of the Page 2of8 0,�. O O ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCI L SK0�`�G NO. 5 4 7 0 flag pole height,which Planning Commission recommended be no more than 25' in height, i.e. no higher than the highest building on the site. 9. The City Council makes the following findings: A. The 25,620 s.f. addition will be 20' in height, 5' higher than the main body of the existing building and 5' lower than the highest portion (NW quadrant) of the existing building. This meets the 40' height limit for the I District. This addition expands the main building footprint to approximately 202,300 s.f., or 20.4 % of this 990,000 s.f. site. With the additional 7,250 s.f. of existing accessory buildings on the site, structural coverage is significantly below the 45% coverage allowed for the site. The proposed addition will be concrete panels rather than the concrete block construction of the remainder of the existing building. The tip-up concrete panels as proposed will provide a higher quality fagade than the building it will be attached to, and the materials and proposed color are acceptable. The building addition is not visible from Highway 12 and should not require screening due to its relatively central location within the site. B. The attachment will be of exterior materials similar to the pre-finished steel construction of the existing easterly garage. This is an appropriate connection since it would be difficult to make the connection with tip-up panels. The connection will be virtually invisible from most angles, as it is merely filling a 10' space between two buildings, and will be of the same coloration as those buildings. The total square footage of the combined accessory buildings will be 7,250 s.f. C. None of the proposed new parking area is close to lot lines. It is all more than 250' from the rear lot line. There is, however, only a limited vegetated buffer along the south property line; this may disappear when the MnDOT drainageway along the north side of the new Hwy 12 corridor is finished. The visual impact of losing this buffer is not major; there is one house south of the 12 corridor that would have second-story views of the parking area, from a distance of about 850'. Lighting for the new parking will be similar in style, height, etc to the lighting on the remainder of the site. This is acceptable and is expected to have no impacts on adjoining residential properties which are all more than 600' distant from the parking area. Additional screening of this new storage area does not appear to be warranted at this time. Page 3 of 8 O� O O ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL SI;0 NO. 5 4 7 0 D. A 60' flagpole would be approximately 4 times the height of the east facade of the main building. The City Council concludes that a 60' flag pole height would be out of character with flagpole heights generally in the City and in the Long Lake area, will be higher than the existing tree line, and is not necessary to draw attention to the site for the applicant's suggested purposes of identifying the site. E. The requested language revisions that would allow more than 40 `demonstration' or `display' vehicles would require storage of those in excess of 40 to the south end of the east lot. The existing language identifies different types of vehicles that will be stored in the main easterly parking lot as "new vehicles and finished vehicles ready for delivery to dealerships". It goes on to state that up to 40 vehicles may be parked for "display" at the north end of the main parking lot (15 cars) and at the north end of the building (25 cars). The "display" vehicle language was originally intended to make a distinction between those cars that are for demonstration purposes as part of the fleet sales and leasing element of the operation at this site, and those stored or parked for other reasons. Specifically, per Finding G of Resolution No. 4845, "...It is the understanding of the Planning Commission that the outside display area is for the fleet customer test drive and viewing, but not to attract the general public to the site for individual purchase of vehicles." F. Council finds that it is highly unlikely that the public would visually perceive a difference between cars stored for demonstration purposes or cars stored or parked for other purposes on the site, and that the excess traffic in the area caused by the availability of more demonstrator vehicles will likely be minimal or imperceptible. G. Parking on the site as laid out in the proposed site plan has the capacity for 542 vehicles, which would include employee and customer vehicles as well as vehicles stored for display, new vehicles for fleet sales, vehicles awaiting preparation or repair, etc. The 250 vehicle limitation on"parking of new vehicles and finished vehicles ready for delivery to dealerships" imposed by Resolution No. 4845 was not specifically expanded to 320 vehicles in Resolution No. 5388, although functionally that approval added about 100 stalls south of the existing lot. It would be appropriate to expand the limitation on parking of new vehicles and finished vehicles ready for delivery to dealerships, from 250 to 320 stalls at this time. Page 4 of 8 O O O ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCI L SI;04�G NO. 5 4Z 0 10. The applicant has previously submitted a grading and drainage plan which directs all runoff from the site to the "Kenobi Pond" stormwater management ponding area to the immediate southeast of the property, which is being developed by MnDOT as part of the Highway 12 project. The City Engineer has granted preliminary approval for this grading and drainage plan, and final approval should be subject to meeting all conditions of approval to be established by the City Engineer. 11. The City Council finds that granting the requested Industrial Site Plan approvals and the conditional use permits for the main building addition, the connection of two accessory buildings, and the revision of the parking layout, as well as for the revisions to conditions placed on outside storage, will not be detrimental to the health, safety or general welfare of the public, will not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 12. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby approves a conditional use permit per Municipal Zoning Code Section 78-823 and industrial site plan approval per Section 78-831 to permit the proposed 25,620 s.f. one-story addition to the principal structure, the 250 s.f. addition to connect existing accessory buildings, the proposed revisions to approved parking layout; and approves the proposed amendment of Resolution No. 4845 as described below with regard to conditions placed on outside storage; and denies the requested conditional use permit for flagpoles in excess of 40' in height; subject to the following conditions: 1 . All work shall be in conformity with the approved site plan and building plans attached to this resolution as Exhibit B. Any revisions to building or site plans may require additional review by the City Council. Page 5 of 8 O� O O ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL G L`�kESA0 NO. 5 4 7 0 2. Final grading and drainage plans shall be submitted for approval by the City Engineer prior to issuance of building permits or land alteration permits. 3. The applicant shall obtain building permits for the proposed building expansion and accessory structure connections prior to commencing construction of said improvements. 4. The applicant shall obtain a land alteration pem-lit prior to commencing the approved parking expansions and any proposed stormwater conveyance facilities. 5. The conditions of Resolution No. 4845 and subsequent relevant Resolutions shall remain in effect except as modified by this Resolution, and as follows: Condition 2 of resolution No. 4845 shall be amended to read as follows: 662. The individual storage area devoted to the parking of demonstration vehicles, new vehicles and finished vehicles ready for delivery to dealerships shall be limited to 320 parking spaces. Except for demonstration vehicles parked in display parking spaces, the storage area should be limited to the south end of the eastern parking lot since adequate screening will not be located directly within the parking area. The display parking for demonstration vehicles shall be limited to the 40 at the north end of the parking lots. Such parking shall be 25 parking spaces north of the building and 15 spaces northeast of the building, as proposed on the site plan. Any demonstration vehicles on-site in excess of the 40 display vehicles shall be staged with the stored new vehicles in the south end of the eastern parking lot and shall be considered storage vehicles under the numerical limitations." 6. Because certain site improvements have potential public impacts if not properly constructed and completed, such improvements shall be subject to a Development Agreement to be executed by the City and the applicant, subject to an appropriate financial guarantee. 7. Authorities granted by this resolution run with the property not with the applicant,but are permissive only and must be exercised by obtaining building permits and land alteration permit within one year of the date of Council approval, or the approvals will expire on that date (May 22, 2007). 8. Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval and industrial site plan approval shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 6 of 8 11 'I 01V' O O ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL �L`�kESII0 NO. 54 7 0 9. The undersigned owner has read, understands and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 22nd day of May,2006. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson,Mayor W J r-t erjo a,�.�.utsr L.,LG 6lZlb � ope e ) (e I`-tdu.. cL J . l.,)c,%z,—e.., � C1,4 M Page 7 of 8 0,�. O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL `�kESII0 NO. 54 7 0 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this-22ffdMay of May, 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE 1-- NOTARY PUBLIC-MINNESOTA Notary Public My Commission Expires Jan.31,2010 r STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this ` ` day of Th r-Q-- , 200(a by Linda S. Vee, City Clerk of the City of Orono, a Minnesota racipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE ,1 fr r a;OTARY PUBLIC-MINNESOTA z :x.1,7 31 2010 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me on this 2 day of J u...t , 2006 by Maurice J. Wagener, Chief Manager of WJM Properties, LLC, a Minnesota limited liability corporation, on behalf of the corporation. LImErow.jOHNC SON .,� V,CNIIrIIiMII -'��,'ESOTAo Notary Public Page 8 of 8 r EXHIBIT A 54 7 0 RESOLUTION NO. LEGAL DESCRIPTION Parcel 1: That part of the South half of the Northeast Quarter of Section 33,Township 118, Range 23,which lies East of the East line of the plat of Orono Industrial Park and its extensions, and West of the West line of the plat of Long Lake West Industrial Park and its extensions,Hennepin County, Minnesota; and Parcel 2: Lots 1 through 12,Inclusive, Block 1, Orono Industrial Park, and all of Lincoln Drive, vacated, as shown on the plat of said Orono Industrial Park, Hennepin County, Minnesota. 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I ��- -' ---�--�-,---�•� -=ew-' / '�' crommmrmv�olsarrx°n .y Cbz / 1 _ --------_---------�°`—,;i ` Seoul An SOW 3.Z£.90.68 SN., �""ti__ avow 00•SL 99' S •,a,„.ollol.l.,,,,,,��,,,,�t'•. 3.ZE.90.69S ------------LCL ___-___-_—_________-__-�__ _ Olt y A Cn I V-L0S3NNIW )LLNf100 Nld3NN3H EZ-8WE£'03Sd017(43NaHl NI 75•SETBACK EXHIBIT B-2 " ® RESOLUTION NO. 5 4 7 U 1 0.Ir ®® ®® PARKING LAYOUT l ply- J I O O 1 ® ® Ot ® O IX6TWG PARKING AREA PPROP-LD PROPOSED APPROVED I ® 0 D PARKING AREA PARKING AREA Q I IP o R' TO BE RELOCATED K I 0 Q 1 PROPOSED � K 60 FT FLAG POLE q � I l l l l f l I I ('IT -------------- Q EXISTING, BIIKDKNG TRUCK ®OO ACCESS PROPOSED to IXTENSIONO t` DUSTING 5 N O BUILDING O T. EXISTING BLDG. = a6B o ( ONE- STORK ,____ ........... } rLx I 176,247 S.F. Q I ® ; 1 NEW 1 1 ox DOOR _ v PROPOSED ADDITION l5 (ONE- STORY) ; � PROPOSED C) ®o I 25,620 SF PARKING AREA S ; r I , 1 O I 1 NEW NEW 1 1 I O.H.DOOfl O.H.ODOR i I APPROVED ®e ® I ORIVEWAAl I I I I-III I�7 I I I I' I ® ® e I I '`T:1�E!. !�;:.t:.4.:�:•lE`�'F%''„ 1Al�lSf'>L.F� ST�^q��.{/L� 75'SETERCK NOTE I.NEV BII MWOUS PARKING AND DRIVEWAY AREAS SMALL MATCH CflI.+T}; �` +. ae� %T >•-f.r� _,,,y 7�! EXISTING GRADE ELEVATIONS AND EXISTING DRAINAGE PLAN b 2.NEW CONCRETE CURBS SHALL BE'9612-DESIGN [�/� ........ p ._ _.- ... SEE PLN!FOR LOCATION lV G O"Y ,GFCC p L.1}f C 1J� , 1 SITE PLAN U/I r " A7 1" = 60' I D 25 50 IOD PLAT:NORTH I 1 r e 3E I ; re-_w M ..>r_nwllm,elu I L�ro`ll SHALLCFBE E 11IV VE IHEC BEDi3p /JLS'EO PARKING SURFACE BEYOND 1 ®� ©_/ EXHIBIT B-354 7 0 rL�A --------------- 0 e RESOLUTION NO. III I i 1 �I �3E NEW LANDSCAPING PLAN _ - �1LT POLE r+l b LTNEW �POLE LT.POLE m EXISTINGTREE— EXISTING PARKING MEALT.POLE Q I I I q'movul YP al.OeM-,Yr Q MYe cm vnx_TT �i ff ew eW r In 1 llrel a.e mN_,w ,+al 7..IM 1 1 1 1 1 1111/1 1 1 1 1 111111 eiv 01p\ / Hf1 4MR IIeR t1r111 IIOrt uwlr Q ® ) E •x OS).NEW _ NEW O PLANTING SCHEDULE EXISTING DRIVEWAY COMMON NAME/SpeSIZE/MODE BUILDING (24'WIDE) O A.ARCADIA JUNIPER/ /5/POT ~— EXISTING GEXISTING nT (RMVED) O AND PLANTINGS B JJGAulCenKdipMdesAmi.N s PSO.TrbEinN.TILIAm 12/POT EXISTING BLDG. TO REMAIN—TYP. Petentll.Fuloe (ONE— STORY) DNEWrNEW LP. J, mq H.DOOR o EXIS NG o TYPC. 176,247 S.F.T,,_DnhN TREE (S–TLPERIAL z 1/z'/Be — _—__ HUS) EBXU6XDTINNCC _ Mperiol' _ 01 Ory, O.BLACK HMS SPRUCE/ SFT./BB C.B. Picea Gl.uco Oene.m O }- L3EJ O I E.COLORADO SPRUCE/ 4FT./58 Q ®i NEW SIDEWALK TING RAND Picea Pungens NEV! NEW BITUMINOUS® I (10 FEET) F.PINE,MUGHO/ I{5/POT O.H.DOOR DRIVEWAY Pinus mugho mughas 0 i L10AJ J qI G' � o� ao9z/POT PROPOSED ADDITION 1 (ONESTORY)rL-EN0csmlb "r( 25,620 5F CD 1 1.All planting bads chap be e.vered with(.brie weed ®01 b.rrier end 3'deep muleh. q 2.Border planting beds with heovy vinyl edge.s required. 1 NEW 3.NI emus of di.ho bed sal shall be new sod. PARKING = EW F_ O I _, (20 SPACES) (2)NEW 0.H.DOOR O.H.EW DOOR O.H.EW DOOR L3E O d LrzAJ NEW BITUMINOUS y y DRIVEWAY I 1 NEM 4VM BERM k PLANTING BED _1 ® ® NEW BITUMINOUS OF THE NEW PL.ANRNG BEOI DRIVEWAY L BE 36'ABOVE THE I NEW —� (30 FEET WIDE) INC SURFACE BEYOND 1 DISPLAYI LSEI _____________� (25 SPACES) I 75'SETBACK NOTE 1,NEW BITUMINOUS PARKING AND DRIVEWAY AREAS SHALL MATCH EXISTING GRADE ELEVATIONS AND EXISTING DRAINAGE PLAN 2.NEW CONCRETE CURBS SHALL BE'8612"DESIGN SEE PLAN FOR LOCATION , SITE PLAN (1/26/06) PA1 1'' = 5111'' = 511' �\7I l EXHIBIT B-4 5 4 70 RESOLUTION NO. BUILDING ELEVATIONS PREFIX MTL D.H.DOOR-(TV.) PRECAST CONC.WALL PANEL ��— AGGREGATE FRRSH-TYP. —� DUST BUILDINGNEW ADOIIIDN / ��—OVER OXM TREA ED WOOD B=MNG(TYP) `\ TOP OF rR¢Asi a 120'-0• L J. TOP OF BANG EL-ILO'-D• BOTTOM OF MW EL-IDB'-0• N.NTL FRAME Y \�K YR FRAME Y H.YTL DOOR H.MIL DDDR (PAINTED) (PAm1D) 2�WEST BLDG. ELEVATION CONCRETE WALE PANELS A2 1/0" CONCRETE WALL PAIHLT SHALL BE 'nAr SURFACE mTH ENPOSPD CCIDRED ACC11—TE ATNBH(/1DO3) E FT NIGH DECORATIVE HONEDIITAL BAND SHALL BE nAr SURFACE WITH EPOSED AGGREGATE V-MOVE AT)DP AM BOTTOM EDGE CONCRETE WALL PANELS ABOVE OM DOORS SHALL BE 'FLAY SURFACE WITH EIO'OSED AGGREGATE COLOR(11037) --PRECAST CONC.WALL PANEL AGGREGATE FWSH-TYP. �) /J NEW ADDITION DST BIRIDINO C.J. A A H.All FRAME Y -H.AT FRAME Y K MT DOOR H.uTL.OODR (PAYfTED) (FAINTED) �_ SOUTH BLDG. ELEVATION RESOLUTION# 5470 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on May 22, 2006 , and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 1 st day of June , 2006. Linda S. Vee, City Clerk (SEAL) Melanie Curtis From: Tami Helmer[tamihelmer@mac.com] Sent: Saturday, July 07, 2012 12:05 PM To: Melanie Curtis Subject: Helmer home 3131 Casco Circle permit clarification Hello Melanie, I hope all is well with you. Our project is coming along well, but we would like one clarification about our permit plans to make our inspection process smooth. As you may remember, we enlarged the master bedroom west side window after the variance approval. You noticed on the permit plans that the shed roof over that window would encroach more than approved beyond the average set back line. We decided to shift the window back to comply with the approved encroachment so we can still build the shed roof over the window. The red note on the permit plans states"Dormer must not encroach more than 4 feet into average setback". For inspection, the setback line is not marked on the building, so I would like a note of clarification, to measure from the lakeside roof edge. On the elevation drawing, I measure that the approved encroachment is up to 3 feet from the lakeside edge of the roof(which is equal to 4 feet into the average setback). Will you send me an email that we can attach to the permit stating that the shed roof over the window can be placed 3 feet back from the roof edge? Thank you very much, Tami Helmer