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HomeMy WebLinkAboutDoc A10460108 Doc No All 04601 C18 Certified, filed and/or recorded on Jul 10, 2017 4:30 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 21 Pkg ID 1573556M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. °gyp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 7 7 1 t�kES H OQ`� A RESOLUTION DENYING AN INTERIM USE PERMIT FOR ROAD CONSTRUCTION STAGING AND MATERIAL STORAGE AND RECYCLING USE PER THE PROVISIONS OF ORONO ZONING CODE SECTION 78-421 AT 3245 WAYZATA BOULEVARD FILE NO. 17-3910 WHEREAS, LAKEWEST, LLC a Minnesota limited liability company (hereinafter"the Owner")represented by Curt Fretham,is Owner of the property located at 3245 Wayzata Boulevard within the City of Orono (hereinafter the "City"), identified as Hennepin County PINS 32-118-23 14 0002, and legally described as: Exhibit A(attached)(hereinafter the"Property"); and WHEREAS, the Owner has made application to the City of Orono for an Interim Use Permit (hereinafter "IUP") to allow the operation of a temporary facility for construction staging, materials and equipment storage, and materials recycling use on the Property, primarily in support of the Wayzata Boulevard Improvement Project being conducted by Hennepin County; and WHEREAS, within the RR-1B One-family Rural Residential Zoning District in which the Property is located,"Temporary facilities for construction staging,materials and equipment storage,and materials recycling"may be allowed as an Interim Use,when such facilities are associated with adjacent public road construction or reconstruction projects in the City of Orono, subject to the provisions of Orono Zoning Code Section 78-421. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 17-3910. 2. The analysis contained within staffmemos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. Page 1 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6771 EKES H OAF 3. The Property is zoned RR-1B One-family Rural Residential District requiring a minimum lot area of 2.00 acres and a minimum lot width of 200 feet. The Property is approximately 26 acres in area of which approximately 13 acres is wetland and approximately 10 acres is a closed landfill. 4. The Property and an adjacent parcel are the subject of City of Orono Resolution No. 6655 which grants preliminary plat approval for a 27-lot single family residential development within the adjacent parcel and within a portion of the Property. 5. The site plan suggests that temporary lighting may be employed, and it is possible that to minimize impact on traffic flow, some work on the highway improvements may be at night. It would be appropriate to establish that any temporary lighting be downcast and directed away from residential areas. 6. The submitted site plan indicates a proposed visual and noise-screening berm along the west and south boundaries of the site. Applicant is working with the MPCA to establish parameters and obtain permits for this berm, which will become an amenity for future residential development, but has not received the necessary permits. The applicants' narrative suggests that this site might be used as a recycling yard for projects other than just the Wayzata Boulevard improvements. 8. Review per Zoning Code Section 78-916. The Interim Use standards require that an IUP request be considered with respect to the Conditional Use Permit (CUP) standards of Zoning Code Section 78-916. Following is an analysis of the requested IUP in relation to those standards. Council's findings following each criterion are shown in bold italics. Conditional Use Permit Analysis Conditional use permit approval shall be granted only when the following criteria are met: (1) The proposed Interim Use is consistent with the Community Management Plan(CMP). The proposed temporary use is commercialRndustrial in nature and such use is inconsistent with the CMP guiding for this residential neighborhood and the RR-1B Zoning District. (2) The proposed use is compliant with the zoning code, including any conditions imposed on specific uses as required by Article V, Division 3 of the City Code. The proposed temporary use is compliant with the zoning standards established for this interim use. Article V Division 3 does not address the specific construction staging use proposed (3)Adequately served by police, fire,roads,and stormwater management. The Page 2 of 6 °moo CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6771 NO. t�Kf S H O�� proposed temporary use is anticipated to be adequately served by existing services and facilities (4) Provided with an adequate water supply and sewage disposal system. The needs for water supply and sewage disposal"M be provided by the operators of the site, as municipal sewer and water are not currently available. (5) Not expected to generate excessive demand for public services at public cost.No excessive public services or public costs are anticipated based on the proposed temporary use. Any costs of monitoring the site for compliance will be charged back to the applicant (6)Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future. The area is guided for residential development. To the east, an active commercial apple orchard exists. The owners of this orchard have expressed concern with dust and contaminants into their Orchard. The applicant has failed to provide evidence that these concerns can be mitigated (7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan. The proposed temporary use is bordered on the south, west and north by arterial roadways. " The temporary use is not consistent with the character of the surrounding area as the area is dominated by rural and passive uses. (8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan. Material storage is inconsistent with buildings and site improvements surrounding the site, as they are rural residential uses. (9)Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses. Neighboring property owners have expressed concerns regarding the potential for air, water and noise pollution associated with the construction staging and materials storage and recycling temporary uses. The applicant has failed to demonstrate how the noise from rock crushing activities will be mitigated or addressed to ensure the activities will not disrupt neighboring properties. (10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses. The applicant has not shown to the satisfaction of the City Council that dust and other potential Page 3 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL s� �,� NO. 6 7 7 1 I�kE SHO � contaminants can be effectively mitigated (11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means. The applicant has not provided evidence that the vibration, dust, and general unsightliness concerns are su,f wiendy mitigated (12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access. The only access to the temporary use will be from a single entrance to County Road 112 There are no local streets which would be impacted by traffic from the temporary use, and no local streets would experience parking impacts as a result of the use. Truck traffic associated with the temporary use is anticipated to be almost entirely on Wayzata Boulevard which is a Hennepin County arterial road (13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact. The use of the property is independent of the natural resources. (14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts. The applicant did not provide a lighting photometric plan to verify impact on adjacent public rights of way, which are heavily traveled road& (15)Not detrimental to the public health,public safety,or general welfare. The applicant has failed to demonstrate that the dust will not negatively impact health,safety, and general welfare. 9. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants and the public,and the effect of the proposed interim use permit on the health, safety and welfare of the community. 10. The City Council finds that the Applicants' request would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS,ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby denies the Interim Use Permit pursuant to Orono Municipal Zoning Code Sections 78-421 to allow the operation of a temporary facility for construction staging, materials and equipment storage, and materials recycling use on the Property. Page 4 of 6 °moo CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6771 NO. lgkES H o�� Adopted by the Orono City Council on the 26th day of June , 2017. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Page 5 of 6 °moo CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�� �•�' NO. 677 1 SH EXHIBIT A LEGAL DESCRIPTION OF PROPERTY LEGAL DESCRIPTION OF PREMISES: Government Lot 1,Section 32,Township 118,Range 23, Hermepin County,Minnesota,lying south of U.S.H'ghway No.12 descmbed as follows:Commencing at the point of ince sec bon of the South line of U.S.Highway No. 12 with the East line of said Section 32;thence South along said East line 393.24 feet;thence West at right angles 418 feet:thence deflecting right 90 degr+aes 392.02 feet to the South lire of U.S.Highway No. 12 at a point 418 feet West of tie point of beonnir g;dw= East 418 feet to the point of beoviing.ALSO the East 418 Beet of that part of said Lot 1 which lies betweah the South line of U.S.Highway No. 12 and the canter line of said Highway.ALSO oommencing at a point in the East line offlommnent Lot 1 in Section 32,Township 118 North,Range 23 West of the 5th Prk*61 Meridian,distant 393.24 feet South along said line of the South line of State Highway No.12;trance at right angles West from said East line 418 feet;thence at right angles North 392.02 feet to the South line of said Highway,and thence continuing North to the original carter line of said Highway,thence West along said original center line of said Highway to the West line of said Lot 1;thence South along said West line to the Northerly line of the right of way ofthe Great North=Railway Company,thence Southeasterly along said right of way line to the East line of said Lot 1;thence North to the point of beginning EXCEPT Parcel I I of Minnesota Departrnart of Trion Right of Way Plat No.27-130. Page 6 of 6 1Vo CITY OF ORONO i RESOLUTION OF THE CITY COUNCIL NO. b 7 6 1 sHo¢�` A RESOLUTION GRANTING A ONE-YEAR EXTENSION TO THE EFFECTIVE PERIOD OF GENERAL CONCEPT PLAN AND PRELIMINARY PLAT APPROVAL ESTABLISHED PER RESOLUTION NO. 6665 - FILE NO. 16-3822 WHEREAS, on Jul�.1'6245 5 e n City of Orono (the "City') adopted Resolution NoZ65_5' preliminary plat and genera 3ncept plan approval for subdivision of property Wayzata Boulevard;and WHEREAS, t'seffective Orono Municipal C ection 82-117 establishes that preliminary plat approve for one year from the date of such approval, and failure to file a complete final scation_within this time period shall be considered as formal withdrawal of the proposed subdivision; and WHEREAS, due to market conditions and other reasons, applicant Lakewest LLC is planning to temporarily delay development of the property but wishes to maintain the ability to proceed with the development at a future date in accordance with the prior approvals granted in Resolution No. 6655.; and WHEREAS, Lakewest LLC has requested a one-year extension of the effective period of preliminary plat and general concept plan approval, to July 25,2018. NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Orono, Minnesota, as follows: 1. The effective period of preliminary plat approval is hereby extended to July 25, 2018; and 2. All other terms and conditions of Resolution No. 6655 are hereby reaffirmed. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 22nd day of May, 2017. ATTEST: WTU4�20, nna Carlson, City Clerk Dennis Walsh, Mayor City of Orono 676 Subdivision Application Orono.MN 65'J68 DMs Rroeirad: . 910: Mdn: 852-249.4800 f0c a62-246-618 AP0. 1,rr fts . AWIpAdahse: lEsaorr P.O.BOX a8 MN 56273-0068 Nee": SROP dress. NlA�QV�Q'lrl. li�Gl. Properly Iderdice0c Number(PIN). av—//A—Z =d-coot Date Property Acquired(monWyear): Abstract 0 Tornsns(Please check one) Present use of property: Ftaiderulisl;number of Units j 0 other(specify) Z mho District JDtyA./ a l APPLICANT INFORMATION: O cha*hero M AppYant address should be used for bMWq Appkenr R Km (Prim rM- MaNinp Address: f ZIP: Ercall: PROPERTY OWNER INFORMATION: Xdmwk two Ir Property Owner is same es appkant 0 Name: hero if Pnoperfy Owner addrea should be used for billing Phone(Primary): .. 14-VekgM Mal.9W Addroes: C Zip: EmaN: E OSTM LAND USE: Number of Tax Parosls: DwAk nlsnt Sias: Aces pry Land /a.1e Ada Wet Land PROPOSED LAND USE: +�-- Ada TOTAL,al I le U Divbion for Tax Purpoea ,K8 bdivMon for New BWWV Sku Number of BuIkkV Ohm: Exisbp UNta: 0 Now UMb: Total Units: 47 Proposed Gram DsnNly Units per aces Mirdmum Lot Sias: Square feet dry bulMable lend Proposed Uss(check Rpidentlal 0 ovw(apeclfy) M ,moiifdAy �f)R _��✓ruh IV I SuDr2vfdarAppl Won—,!emery2017 Paps 6 6761 OMO: i • AW"to Pie all Monnntlon required or requested by the PMrNnp Dena mwA I • /,Mw of {surf tlnM not cogs a In the odour No pap.m�t)and or coraui�nt nocpwmm inarnrd ln • Cer*VW the hfon u*m supplied is true and aDned to the beat of hMw IQwwiedge.The aWkant and owner mcognim that IM arse solely reaponsble for aLdxMng a oornpiste aI Icegon being swan that upon fWk n to do o%tta smf has j no allerni ve but to reject tt until It Is oomplete or to noornmend the request for dere d of the request mpm lass of w i Potential MWIL ( • The Owner hereby acbwwledges and apnea ID thh application and further authorizes rwonable entry onto the byoMty SW oorwift t ,agents,Comndssion and Cound Members for ponoses of hvasWon and verromon d teas • Applicant andlor Owner acknowledge they must be present ata scheduled review memdngs of the p"Wng Corr mlealon and Council. If an applicant andbr owner Is unable to attired a sdNduled meeting,please make&wWnm*to hm an m*wrind reprsswtdvs attend lnphos d tha applla-Ua uu - r and adWw the Clty P i mer aWgned b your P ojaoL • Information WE be mauled via entail. Applicant Signature: Date: ,(�7 Applicant Signature: Dobe: Property Owner Signatum:_ Ste--Vw1-L,L- ftpeft c. Owner Signature Date: S9"ft Cn APPkmftn—JM y 2017 Pea e CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 7 6 1 �'�kFsxo� A RESOLUTION GRANTING A ONE-YEAR EXTENSION TO THE EFFECTIVE PERIOD OF GENERAL CONCEPT PLAN AND PRELIMINARY PLAT APPROVAL ESTABLISHED PER RESOLUTION NO. 6655 - FILE NO. 16-3822 32-45 WHEREAS, on July 25, 2016, the City Council of the City of Orono (the "City") adopted Resolution No. 6655 granting preliminary plat and general concept plan approval for subdivision of property located at 3435 Wayzata Boulevard; and WHEREAS, City of Orono Municipal Code Section 82-117 establishes that preliminary plat approval is effective for one year from the date of such approval, and failure to file a complete final subdivision application within this time period shall be considered as formal withdrawal of the proposed subdivision; and WHEREAS, due to market conditions and other reasons, applicant Lakewest LLC is planning to temporarily delay development of the property but wishes to maintain the ability to proceed with the development at a future date in accordance with the prior approvals granted in Resolution No. 6655.; and WHEREAS, Lakewest LLC has requested a one-year extension of the effective period of preliminary plat and general concept plan approval, to July 25, 2018. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono, Minnesota, as follows: 1. The effective period of preliminary plat approval is hereby extended to July 25, 2018; and 2. All other terms and conditions of Resolution No. 6655 are hereby reaffirmed. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 22nd day of May, 2017. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor o CITY OF ORONO RESOLUTION OF THE CITY COUNCIL d� ti`s NO. 6 7 6 1 sHo�- A RESOLUTION GRANTING A ONE-YEAR EXTENSION TO THE EFFECTIVE PERIOD OF GENERAL CONCEPT PLAN AND PRELIMINARY PLAT APPROVAL ESTABLISHED PER RESOLUTION NO. 6655 - FILE NO. 16-3822 WHEREAS, on July 25, 2016, the City Council of the City of Orono (the "City") adopted Resolution No. 6655 granting preliminary plat and general concept plan approval for subdivision of property located at 3245 Wayzata Boulevard;and WHEREAS, City of Orono Municipal Code Section 82-117 establishes that preliminary plat approval is effective for one year from the date of such approval, and failure to file a complete final subdivision application within this time period shall be considered as formal withdrawal of the proposed subdivision; and WHEREAS, due to market conditions and other reasons, applicant Lakewest LLC is planning to temporarily delay development of the property but wishes to maintain the ability to proceed with the development at a future date in accordance with the prior approvals granted in Resolution No. 6655.; and WHEREAS, Lakewest LLC has requested a one-year extension of the effective period of preliminary plat and general concept plan approval, to July 25, 2018. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono, Minnesota, as follows: 1. The effective period of preliminary plat approval is hereby extended to July 25, 2018; and 2. All other terms and conditions of Resolution No. 6655 are hereby reaffirmed. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 22nd day of May, 2017. ATTEST: nna Carison, City Clerk ^-- 's Walsh, Mayor T)r�es � City of Orono 6761 Subdivision Application MADRAddtess: on lo 2750 Kelley Parkway Orono,MN 55956 �Received: ' sleff Main: 852-249480D fax 852-2484518 APPS fee: Ma ftAddross: ffewoaAr P.O.Bax 88 Cr 01:81B MN 56823-0088 Notes; ' PROPERTY :TIOi: Site Address: )O U 2'/1 Property Identification Number(PIN): Date Property Acquired(month/year):�( ,( _ Abstract Torrens{Please check one) Present use of property: )CResidential;number of Units i D Other(specify) Zoning District:-wilml l APPLICANT INFORMATION: O check here 9 Applicant address should be used for billing Applicant: Phone (Primary): Mailing Address: f ZIP. Email: PROPERTY OWNER INFORMATION: ,(check here If Property Owner is same as applicant Name: here If Property Owner address should be used for billing Phone(Primary): Mailing Address: CZIP: Email: EXISTING LAND USE: Number of Tax Parcels: Development Sire: Acres Dry Land Acres Wet Land 9 Ades TOTAL_,all parcels PROPOSED LAND USE: 0 Division for Tax Purposes X'Subdivision for New Building Sites Number of Building Sites: Existing Units: New Units: Total Units: Proposed Gress Density Units per acres Minimum Lot Size: Square feet dry buildable land Proposed Use(check) Residential 17 Other(specify) 1 rtl 11LW, Subd Arlon Appkat/on—Jenuety 2017 Pape 5 6761 APPLICANT/AGENT ANEWOR PROPERTY oWNER: ' • Agree to Provide all information required or requested by the Planning Department i • Agree to Pay additional fees(staff time not oovered in the original fee payment)andJor consultant expenses incurred review of We application,and • Certify that the knformation supplied Is true and correct to the beat of hislher knowledge. Thea applicant and owner g - PW reW h � that they are solely responsible for submitting a complete application being aware that upon failure m do so,the staff h j no alternative but to reject it until It is complete or to recommend On request for denial of the request regardless of potential merit • Owner hereby acknowledges and agrees to this applkretton and further authorizes reasonable entry onto the propel b Y Clty Stell,consultants,agents,Commission and Council Members for purposes of investigation and vwffk atlon of ti request • Applicant andJor Owner acknowledge they must be present at all scheduled review meetings of the Planning ComrNssi and Council. if an applicant andlor owner Is unable to attend a scheduled Westing,please make arrangements to have authorized representative attend in place of the applicent/owner and advise the City Planner assigned to your pmjacL • Information will be distributed via email. Applicant Signature: Date:_ Applicant Signature: Date: Property Owner Signature: Date; d Property Owner Signature: Date: Sub&-*W gPNlcsNon—January 2017 Paye 6 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 May 22, 2017 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 22nd day of May, 2017. Anna Carlson, City Clerk (seal)