HomeMy WebLinkAboutReso 5059 0 0
CITY of ORONO
ti RESOLUTION OF THE CITY COUNCIL
kESHID NO.
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
Comrnission 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.
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CITY of ORONO
ti
RESOLUTION OF THE CITY COUNCIL
9kESI;0 N0, 5 0 Is 9
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.
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CITY of ORONO
G RESOLUTION OF THE CITY COUNCIL
L`4kESfIOg� NO. 150159
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. =`.585 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
Plan Approval 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 MCVWD 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 behalfof himself,his heirs,successors and assigns,hereby
agrees to the recording of this resolution in the Chain of Title of the property.
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CITY of ORONO
ti
RESOLUTION OF THE CITY COUNCIL
`9kESH0 NO. 8 f) s
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on
the 13th day of October, 2003.
ATTEST:
&"' 444—
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
For WJM Pr e 'es, LLC:
Maurice J. Wgener, C6ief Manager
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CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
�kESII04 NO.
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.
C1�iJ►�.r� ���_.�_..�_7��h__ 0 l.w�ate_
Notary Public
Aft ALISM A.MNTERNHEIMER
STATE OF MINNESOTA NOTARY PU13UC-MINNESOTA
Uy Ccmmwsbn Exp!:•:s kn.31,"2008
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 1 day of
z c r-o b'c"' ,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.
P.AC1—CLDOCG-E i 7
I NOTARY?U3LIC M P 1 "'STA
} My commission Expires Jun 3
Notary Public
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CITYof ORONO
ti
RESOLUTION OF THE CITY COUNCIL
`gkESYi04ti NO. So 5119
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me thisy
t da of Nc�'LrtiAX-':t"
2003 b
of WJM Properties, LLC, a Minnesota limited liability
corporation, on behalf of the corporation.
PATRICIA A.fv"-, "�-
rvorARr pUauC-tYMNNZZ--7A (--So4 Public
G4f Ca„MAISim xyrMs 1. :5
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EXIMIT A ® �
RESOLUTION NO.
LEGAL DESCRIPTION
Parcel l:
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.
w
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CITY of ORONO
��L np_�Gti RESOLUTION OF THE CITY COUNCIL
�kz 04� NO. ��
A RESOLUTION GRANTING A CONDITIONAL USE
PEIV IIT PER SECTION 10.50, SUBDIVISION 3(A)(4)
AND AN ANIENDMENT 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.
Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #03-2902.
2. The property is located in the (I) Industrial District.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
`9XESI;Og' NO. T'
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 ofparking
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
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wCITY of ORONO
�� G~ RESOLUTION OF THE CITY COUNCIL
L�kESi30 NO. 9 016 S
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
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- CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
`�kES80NO. — dl 9 9 3
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 meeting
held on the 9th day of June, 2003.
ATTEST:
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Property er(s)
N1 oau� ca. J. W c� arL , cl, rA V-01�
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
�kESII0 NO. 4993
STATE OF MINNESOTA
COUNTY OF BENNEPIN
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.WINTERNHEIMER
STATE OF MINNESOTA NOTMYKOM-MiNNE90Ta
COUNTY OF B ENNEPIN My Comm isaimn Expires Jan.31,20W
The foregoing instrument was acknowledged before me on this Z ' h day of
-J jam" ,200 L 3 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-MINNE.^•OTA Notary Public
My Cornu*Wm EVk.0 Jan.31,2005
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
`4kESII0 NO. 4993
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this IkKday of 24 1 ,
Mc�a�
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
same � 66%ikk.. 1 ��i�std L%Wo: ;� a."
PETER W JOI�N90N
soR Not
blic
Do
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this day of
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
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Exhibit A
Resolution No. 4993
LEGAL DE-SCRIP11o'N:
That .part of the Soli'tti .Half of tfietWortheast Quarter of Stiction 33
tib, Range: 23, which Ices East.of the East line of the la of Tbwrishfp
Park and its extension§; .arid West of the West line of plot
1 ng Lake aI
West Industrial Park and tts eictensians; Hennepin County, k4�nricsota.
Parcel 2:
Lots*t throsigh 12, inclusive, .•:' •.•-.:
Block t; .Orono Industrial park; and di. b Uncoln
Drive, vocated as shown ori the plat or 'bald Orono Ind istrlat park,
t A
r
O
O ,
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
L`q$S140 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 a licant")
a8,:LLC is owner of the property (hereinafter "the owner" located a
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.
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CITY of ORONO
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RESOLUTION OF TJ CITY COUNCIL
kESii0 NO.
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:
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CITYof ORONO
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�0, RESOLUTION OF THE CITY COUNCIL
`9kESIi04`' 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 ofprocesses
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.
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3 CITYof ORONO
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RESOLUTION OF THE CITY COUNCIL
14845
kESUID NO.
F. The storage area of the 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 ofbusiness 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."
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
SI30�� NO. .4 8 4
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.
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Rl- CITY of ORONO
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�� G~ RESOLUTION OF THE CITY COUNCIL
'SY10g� 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,body work,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 4
ti
CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
��kESI30 NO. 8 4 b
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:
in a S. Vee, City Clerk Barbara A. Peterson, Mayor
Property O r
Applicant
STATE OF MINNESOTA
COUNTY OF HENNEPIN
�y
The foregoing instrument was acknowledged before me on this,11th 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 NOTARY PUBDODNE
UCOTA
Notary Public
cmnbaion ExPhs Jan.31,2005
>
F—
Page 7 of 10
0 0
614 CITYof ORONO
ti
RESOLUTION OF T E CITY COUNCIL
`9kES14O NO.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this i r day of
hrl"13-1 V 2003 by Linda S. Vee,City Clerk of the City of Orono,a Minnesota
municipal co oration and said instrument was executed on behalf of the City.
Notary Public
DENISE M.LESIONEN
NOTARY PUBLIC-IvCNNESOTA
STATE OF MINNESOTA ca - Jan 31,2005
COUNTY OF HENNEPIN
On thisI S�Aday of { ,20 0L, aulltcJt
_4 personally appeared before me,
_�K 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.
NotaryIic
AgMh
PETER W.JOHNSON
NOTARY PUBLIC-WMWTA
kt Caaaik EOU Jai.31,2005 9: am_
Page 8 of 10
0 0
CITYof ORONO
01 ti
RESOLUTION OF THE CITY COUNCIL
`�kES�10 NO. s 45
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this day of
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 Northeast Quarter of Section 33, Township
118, Ronge: 23, which lies East.of the East line of the plat of Orono. Industrial.
! Park and Its.extensions; .arid West' of the West line of the.plat of long Lake-
West Industrial Park and its eXtensions; Hennepin County, Mthniesotc.
Parcel 2:
Lots 1 through 12, Inclusive, .Block 1. Orono Industrial Park, and di of Lincoln
Drive, vocated as shown ori the plat or 'said Orono Industrial Park.
Page 10 of 10