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HomeMy WebLinkAboutReso 5470 O O O CITE' of ORONO RESOLUTION OFTJ�I�Y�OUNCIL kEST��4NO. 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 Plamzing 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, 3'-d 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 S 0 0 CITY of ORONO 3 ti RESOLUTION OF THE CITY COUNCIL SH04�G NO. 5 4 7 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 (I) 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 2 of 8 0 0 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL `9kESH04 NO. 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 facade 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,�,. 0 0 CITY of ORONO Aq ti ti RESOLUTION OF THE CITY COUNCIL S04NO. 5 4 Z 0 D. A 60' flagpole would be approximately 4 times the height of the east fagade 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 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL `9kESI'10 NO. 54 7 U 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 S o,�,. 0 0 CITY of ORONO r ti �� ti RESOLUTION OF THE CITY COUNCIL SI3OW" NO. 54 a 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 pen-nits for the proposed building expansion and accessory structure connections prior to commencing construction of said improvements. 4. The applicant shall obtain a land alteration permit 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: 442. 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. Pa-c6ofS 0 0 CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL `9kESIT�0g�G NO. J 4 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 roperty wner ) (off I�i ,,�•;et J . Pa�e7of8 0 0 CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL ��`9kESH0 NO. 5 4 7 G STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this-22nCZay 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 NOTARY PUBLIC_MINNESOTA Notary Public r— :,,,:� My Commission Expires Jan.31,2010 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this ` '��' day of 200& by Linda S. Vee, City Clerk of the City of Orono, a Minnesota m` iicipal corporation and said instrument was executed on behalf of the City. .. RACHEL DODGE - 4; '0''�RY PUBLIC-MINNESOTA i' d �.. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me on this Z.,j day of J wr.+� , 2006 by Maurice J. Wagener, Chief Manager of WJM Properties, LLC, a Minnesota limited liability corporation, on behalf of the corporation. gra C TER w.JOHNSONOWARYPusuc• SOTA Notary Public wakwm Jug,31.2010 Page 8 of 8 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,BIock 1, Orono Industrial Park, and all of Lincoln Drive, vacated, as shown on the plat of said Orono Industrial Park, Hennepin County, Minnesota. a s a%dr a X11 %■&=%a .N--,1111,Ips a o.r a a1 a V a v a,.. w a VIII.-0 ,111.0 a IN THE NE 114 OF SEC. 33-118-23 HENNEPIN COUNTY, MINNESOTA I • 1 1 In ' -tom ------------- ---_H 1 HAY N Q,-_ 2 U —1� 1CTI r -- -- ------------------oN------------��--- �- 0 oD o" o _ - S 89°06'32"E r30117HEaEOFfl111"amousROADW„Ta. 5 66 — 75.00 N"I,a°a'al -' ilt'CGI - �INvytou.h a S 89.06'32"E 29.85 +nyN//- -�.----_ K.aJ -------------- -!.l( /IOR � _ qp" '`9• / ,'r• •1• ,\ 1• o `��824----' --'�' // -- � �y'^17,iyi YM1Z1' � t�, 1 \ __ --�-��� --'wo110 .smO ��� I t It � \d lmil � ;{;�_io�e— --oVly--- --w. •1 �-4018-- s�a esi�lsorrnioT.A�2al:olm,cn+0 ! , 101fr----------- - oe , 'ti 1 -30.14-�`�♦ w[i�fAiD�ssr 1 �I ' orie�...".1 f<nei.Alv,he riawMt hl.il Pl.Ia Olfmrauud r 1 1 A7wIEGW L.UIIrII 1 -- \ BY�TICfls[1YP��1 .1.,of 4ravy July ma.wbl.vw„6hrte weed WLU •..a+•.d Dad 1 tu,c7.1.,...u.r. _ � �-- , - ♦ 'T�,1 Tl.c hnvy duly mnonfilwral.ill ftAm lncl..dra owW T•ym4 Z 1 �• I 1 , LOOIETtMlo+ouls .1•...dw...6.r 1•PMVaO+vlwdpae•umlm"I�OefiMlab4a O I r 1 1 .htil-- �-- ♦ ol..��--a.. i iaa -H�'r�--- � '/ 1 M.A.r..0..1. t I l tJ't61 ♦ mur I +.sao +a - �.-�1Ui9 r I ' ....y.h.t ud.l...We rilr rmrew aw amus a.+m.bnraDl 1 , ♦ +.._ c.n.1...und.ny,a.p...rY ala ab.Npl. t7 mc...rtaiaip.r.tmm.dody,Ru lmtd6t)m(ilmm•avwr. 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PROPOSED SPOT ELEVATION PROPOSED SILT FENCE I TWO SOUTI4 18 INCH OUTLEF S WILL BE EXTENDED TO RL MNUOT DITCH THAT WILL BE CONSTRUCTED AFTER ' 1 FREEWAY RETAINING WALL$.ARE IN PLACE.THIS DITCH CJI I IN UNDER REVIEW WITH AMES CONSTRUCTION AND MNDOT. ' .L1 ascNED I ICREeY CMTVY THAT INS PLAN.SKCFMIDN,OR REPORT y REVISIONS WAs PREPARED DY LIE CR LINGER uY DRECT SUPEIIVISION Aro PROJECT GRONBERG f NLlUANS iNAT l AN A DULY LICENSED PROFESSbNAL ENOMER APO -------- ; DRAWN I LAO SURVEYOR UNDER rlc LAWS OF TW STATE OF MOIESOTA. 1"�so' ASSOCIATES. C) �E ' I N'_W evuA s r:Arrum, ecu OL—J TOP OF THE NEW PLANTING BEDS I L'_-J III S I I I p Ej SHALL BE 36' ABOVE THE I I I ( I I I EXHIBIT B-3 L— PARKING SURFACE BEYOND OfL 54 l Q 1 0 08 00 p I_---------------- RESOLUTION NO. I I I I I I > I 3E NEW NEW I NEW NEW LANDSCAPING PLAN L 1-ill L4AJ LT. POLE LT. POLE I firicA°r R LT. POLE LT. POLE � - 1 IT I I LIU EXISTING I 0 I b TREES— is'so2w4x 0 EXISTING EXISTING PARKING AREA a EXISTING I _ LT. POLE it LT. POLE Q I ® O L14A� N I 1-612 F- I ITI__I---LLE j ® % 11 11 EV11111111111111111111111111 TUMID I I I I I Ir mewuR Q I TAPER CURB GOWN-TTP TAPER CURB WW-TO TMER CURB WAN-TY? -B-i11 I lTMal CURB WB'N-riP 8-112 , TAPEII CURB DOWN-TTP / hi11 ,� ^B-i12 �8-112 0 0 l(A\1 N �B 61 IIMN New T hi12 \ / Phil I I I I I I I I I II I ( I I I I UDNRI G ORIYEu DUCNT E Uc1IT ICNT UmfT UW (3) NEW ? m ir-I'm O.H. DOORS = NEW PLANTING SCHEDULE EXISTING DRIVEWAY ® O COMMON NAME/Species SIZE/MODE BUILDING (24' WIDE) O A. ARCADIA JUNIPER / j5/POT O I ` Juniperus Sabino EXISTING EXISTING TREES Arcadia' (TREE REMOVED`I O AND PLANTINGS B. JACKMAN POTENTILLA / #2/POT EXISTING BLDG, TO REMAIN— TYP. L, Pontentillo Fruticosro EXISTING LyE O Jockmon' (ONE- STORY) NEW BUILDING L_ 0 NEW L.P. O.H. DOOR N TREE ING 0 EYP. ) 176,247 S.F. 5—THUS C, LOCUST IMPERIAL / 2 1/2'/BB 0 Gleditsia Trionconthos Imperial' _ �ol EXIST, D. BLACK HILLS SPRUCE / SFT./BB I� C.S. Picea Gloucs Densata I _ I �3E J 0 I E, COLORADO SPRUCE / SFT./BB ® I NEW SIDEWALK AND Piceo Pungens °I PLANTING AREA NEW BITUMINOUS ® 1 (10 FEET) F. PINE, MUGHO / IS/POT NEW DRIVEWAY Pinus mugho mughos O.H. DDDR 0 Ll!AJPROPOSED ADDITION I G. DOGWOOD, RED TWIGGED / #2/POT �3EJ q cornus Stolonifera boileyl (ONE- STORY) NOTE` 25,620 SF Ur 1. All planting beds shall be covered with fabric weed ® p I = barrior and 3" deep mulch, b 2. Border planting beds with heavy vinyl edge as required, NEW 3. All areas of disturbed soil shall be new sod. PARKING = 0 I (20 SPACES) (2) NEW NEW NEW NEW [3EJ p , t2A� O.H. DOOR O.H. DOOR O,H, DOOR p 1 L_J d E) 1 Il k y y y NEW BITUMINOUS � I DRIVEWAY --------------- , I NEW CURB NEW CURB I BERM k PLANTING BED _ j © NEW BITUMINOUS I OF THE NEW PLANTING BE01 DRIVEWAY till BE 36" ABOVE THE I NEW I —� (30 FEET WIDE) WING SURFACE BEYOND j DISPLAY � L''EJ • \ ---------------� (25 SPACES) 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 I T i 26/06) Si I E PLAN __ / EXHIBIT B-4 54 7 0 RESOLUTION NO. BUILDING ELEVATIONS /�- PREFIN, MTL O.H.DOOR- (TYP) PRECAST!ANC. WALL PANEL -� EXIST BUILDING NEW ADDITION ' / PREFIN. MTL. FLASHRIG AGGREGATE FINISH- TYP, .` % !• OVER 2X TREATED WOOD BLOCKING (TYP) 4^ .r TDP Or PRECAST EL 120'-0_ --C.J. \• ' TOP OF BAND EL- 110'-0' BOTTDU OF BAND EL- IOE'-0' I _ r H. MTL FRAME & \` H. MIL. FRAME & H. MTL DOOR (PAINTED) H. MTL DOOR (PAINTED) Q WEST BLDG. ELEVATION CONCRETE WALL PANELS TYPICAL CONCRETE WALL PANELS SHALL BE "FLAT"SURFA(Z WITH EXPOSED COLORED AGGREGATE FINISH(#5053) 2 FT HIGH DECORATIVE 14DRIZONTAL BAND SHALL BE "FLAT" SURFACE WITH EXPOSED AGGREGATE V-GROOVE AT TOP AND BOTTOM EDGE CONCRETE WALL PANELS ABOVE DH DOORS SHALL BE "FLAT° SURFACE WITH EXPOSED AGGREGATE COLOR (I1053) PRECAST CONC. WALL PANEL AGGREGATE FINISH- TYP, NEW ADDITION I EXIST BUILDING C.J. I - r II _ 1 / I Fli lI I m mom I I P H. MP_ FRAWEE ri Y.. MP_. DOCK H. MTL. FRAME 3: (PAIN'EO\ H. V. IL, Dvvn (r ANTE'l) �, SOUTH BLDG, E!EVATi0N