HomeMy WebLinkAboutRequest for zoning info REQUEST FOR ZONING INFORMATION
CP File No. 52899
Please complete and return to: Commercial Partners Title,LLC
200 South Sixth Street, Suite 1300
Minneapolis, MN 55402
micheliez@cpfitle.com
Subject Property: 2687 Wayzata Boulevard West,Orono,MN
Legal Description: That part of the Southwest Quarter of the Northeast Quarter of Section 33,Township
118,Range 23,Hennepin County,Minnesota,described as follows:
Commencing at a point on the South line of said Southwest Quarter of the Northeast
Quarter,distant 1089.37 feet East from the Southwest corner thereof;thence North to
a point on the North line of said Southwest Quarter of the Northeast Quarter,distant
1086.69 feet East from the Northwest comer thereof,thence West along said North
line 200.02 feet to the actual point of beginning of the land to be described;thence
South along a line parallel with the first above described line 440.94 feet;thence West
parallel with the South line of said Southwest Quarter of the Northeast Quarter to its
intersection with the West line of the East Half of said Southwest Quarter of the
Northeast Quarter;thence North along said West line to the Northwest comer of said
East Half of the Southwest Quarter of the Northeast Quarter;thence East along the
North line of said Southwest Quarter of the Northeast Quarter to the point of
beginning,according to the United States Government Survey thereof.
Hennepin County, Minnesota
Abstract Property
Current use of Property: Office Warehouse and Bus Storage Facility. 1 -t
1. The current zoning classification for the subject property is: OXO l YIC�F (Z J
2. Permitted uses included within that zoning classification are: _C;Ce- e1-[wilGANcA ? V)j n z
3. There are/are not(Circle One)applications filed for the property(i.e.Special Use Permits,Conditional Use Permits,Variances,
etc.)
4. The use of the property,as described above is:
Y s No � V
a. Permitted
b. Conditional(Explain) -�C l/I1 On
C. Nonconforming(Explain) yGAC ���
5. There are records in the City files of unsatisfied zoning
violations. (If Yes,please explain)
6. Have variances been granted for the Property. (If Yes,
please explain)
7. Parking is in conformance with zoning requirements. (If
No,please explain)
8. Flood Insurance Rate Map(FIRM)
Property is in zone ✓I l ' 21 GJ3G0 f
Community Panel No. Dated JkV16"
9. Comments:
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.
4aq��
nature Title Date
DIVISION 18.- 1 INDUSTRIAL DISTRICTv
Footnotes:
---(14)---
Editor's note—Ord. No. 32 3rd series, §2, adopted March 27, 2006, repealed the former div. 18, §§ 78-
821-78-825, and enacted a new div. 18, §§ 78-821-78-832, as set out herein. The former div. 18
pertained to similar subject matter and derived from Code 1984, § 10.50(1)—(5); Ord. No. 161 2nd series,
§§8, 11, adopted June 7, 1997; Ord. No. 183 2nd series, § 3, adopted Feb. 22, 1999; Ord. No. 18 3rd
series, § 3, adopted Sept. 27, 2004.
Cross reference—Businesses, ch. 26.
Sec.78-821.-Purpose and review of building permit applications.
(a) General provisions. The purpose of the Industrial District is to permit and encourage the development
of high quality industrial uses which are compatible with the aesthetic character of the city and to
encourage the development of such industries that are able and willing to achieve superior standards
of design and environmental protection. To this end, the city may find that improvements are required
to a particular site which are greater than the minimum standards found as part of this district.
(b) Site plan review. All site reviews in any I-Industrial district shall be reviewed as set forth in article 11,
division 4 of this chapter.
(c) Determination of use. Whenever a proposed use is not clearly defined as to its inclusion in the list of
permitted, conditional, or accessory uses in this district, the zoning administrator shall make a
determination. The zoning administrator may refer the item to the city council for a final determination,
if desired.
(d) Certificate of occupancy. Prior to occupancy of any building or premises within the I-Industrial district
for which a building permit has been obtained,the applicant shall obtain a certificate of occupancy.As
a part of this certificate, the applicant shall be required to demonstrate compliance with all of the terms
of this division.
(e) Existing land uses.
(1) Any building or use that does not conform to the requirements of this division, existing prior to the
passage of this division, shall be allowed to continue to operate in the same manner and to the
same extent, subject to the requirements of article II, division 2 related to nonconforming uses
and related matters.
(2) Where such changes increase the total usable floor area of an existing nonconforming building
by less than 25 percent, a property owner may maintain the existing building in its nonconforming
state. The requirements for bringing improvements into conformance shall also be applied to
legal, nonconforming site improvements such as parking lots and landscaping. Such changes or
additions may be made to coordinate with the existing building materials and design without
meeting the requirements of this division. The 25 percent threshold shall be measured
cumulatively from the date of the adoption of this division, and shall not be exceeded without
applying the requirements of subsection 78-821(e)(3).
(3) Where such changes increase the total usable floor area of an existing nonconforming building
by 25 percent or more, the property owner shall be required to bring the building and property
into full conformance with this division. The requirements for bringing improvements into
conformance shall also be applied to legal, nonconforming site improvements such as parking
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lots and landscaping. The 25 percent threshold shall be measured cumulatively from the date of
the adoption of this division.
(f) All buildings in the 1, Industrial District shall be required to be on platted lots. All changes to lot
configuration shall require platting in accordance with chapter 82, article III, Orono Subdivision
Regulations. No lot identified in whole or in part by a metes and bounds description shall be eligible
for a building permit until a final plat has been approved and recorded for said lot.
(Ord.No. 32 3rd series, § 2, 3-27-2006; Ord.No. 68 3rd series, § 10, 2-8-2010)
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.
(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.
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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.
(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.
Page 3
(a) General conditions.Within an I-Industrial district,the only permitted accessory uses and structures are
the following:
(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.
(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. ColoNcontent. Accessory antennas shall be of a neutral color and shall not be used as
signage.
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.
Page 4
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.
(8) Other uses that are customarily incidental to, and subordinate to, the allowed permitted and
conditional uses in this district.
(Ord.No. 32 3rd series, § 2, 3-27-2006; Ord.No. 106 3rd series, § 19, 6-10-2013)
Editor's note—Ord. No. 106 3rd series, § 19, adopted June 10, 2013, set out provisions adding
subsection 78-824(a)(22). To maintain the current subsection numbering, and at the editor's
discretion,these provisions have been included as subsection 78-824(a)(8).
Sec.78-825.-Lot area, height,setbacks,and lot coverage.
(a) Minimum lot requirements:40,000 square feet.
(b) Minimum building area: 10,000 square feet.
(c) Lot width:200 feet.
(d) Building setbacks(principal and accessory):
(1) Front yard setback:35 feet.
(2) Side yard setback, abutting a major street':35 feet.
(3) Side yard setback, abutting a minor street 2:20 feet.
(4) Side yard setback, interior. Ten feet.
(5) Rear yard setback:20 feet.
'This setback applies to side yards adjacent to Wayzata Boulevard and Old Crystal Bay Road.
2This setback applies to side yards adjacent to all other roads, public or private, within the "I,"
industrial district.
(e) Building height. No structure or building shall exceed 40 feet in height except as provided in section
78-1366.
(f) Lot coverage: Not more than 35 percent of parcels of three acres or less maybe covered by buildings
or structures.
Not more than 45 percent of parcels may be covered by buildings or other structures; except that when the
total building floor area on a site is contained within a single building, and when the total area used for
loading terminals, docks and berths is completely enclosed within the same single building, a lot coverage
of not more than 60 percent will be permitted.
(Ord.No. 32 3rd series, § 2, 3-27-2006; Ord.No. 94 3rd series, § 4, 9-24-2012; Ord.No. 173 3rd
series, § 17, 6-27-2016)
Sec.78-826.-Building design and construction.
(a) General provisions. In addition to other restrictions of this chapter, the use, construction, alteration or
enlargements to any buildings or structure within this district shall meet the following standards:
(1) Rooftop equipment: Rooftop equipment shall be screened from view from the ground at the
property line with vertical extensions of the building walls or with parapets or other architectural
design features of the same materials used on the walls of the building. Where the topography
Page 5
permits, it is desirable to screen such equipment from adjacent property, but it is not the intent of
this requirement to increase the height of the screening significantly above that of the equipment
in order to screen it from view from tall buildings or from higher ground.
(2) Form,scale and proportion:The form and proportion of buildings shall be consistent or compatible
with the scale, form and proportion of existing development in the immediate area.
(3) Unusual buildings: The use of unusual shapes, color and other characteristics that cause new
buildings to call excessive attention to themselves and create disharmony shall be avoided.
(4) Mass and voids:The rhythm of structural mass to voids, such as windows and glass doors, of a
front facade should relate to the rhythms established in adjacent buildings.
(5) Long facades: Where large structures with overly-long facades (walls) are proposed, such as
warehouses, building mass should be articulated with variations in the building plane and parapet
height and through the use of other unique design or site plan features.
(6) Architectural design: Architectural design should create harmony through the use of different
textures,complementary colors,shadow lines and contrasting shapes.The use of walls in a single
color, with little detailing or completely blank is discouraged.
(7) Monotony: Monotony of design in single or multiple building projects shall be avoided. Variation
of detail, form and siting shall be used to provide visual interest.
(8) Roofs: Careful consideration of durable materials, proportions and shapes, emphasizing the
importance of roofs as integral and embracing elements of the over-all design, is particularly
important.
(9) Materials:Use of substantial amounts of high quality masonry materials(face brick,stucco,stone)
is encouraged. Buildings shall be constructed with no less than 67 percent of these materials,
excluding window and door areas. Architectural concrete panels and rock faced concrete block
may comprise a maximum of 33 percent of the exterior materials used on the building. The 67
percent threshold may be reduced, or the 33 percent threshold exceeded,only by conditional use
permit for alternative materials. The city council shall consider the architectural quality and
whether the proposed building exceeds the various requirements of this section 78-826 in
deciding whether or not to grant a conditional use permit for alternative materials. The use of
aluminum siding, metal ribbed panels and extensive mirrored glass surfaces is discouraged
except as accent materials. Evaluation of building materials shall be based on the quality of its
design and relationship and compatibility to building materials in the immediate neighborhood.
(10) Design uniformity: Architectural treatments (e.g., building materials, colors, facade design, roof
lines, screening)shall be consistent and compatible on all sides. Treatment that is uniform on all
sides will be deemed to meet the requirements of this principle. Adjacent land uses,visibility from
public streets and use of screening devices(walls, fences, berms, landscaping) are criteria to be
considered when varying this treatment. The applicant will have the burden of demonstrating the
reasons for differing treatment on different sides(e.g., the need for truck access on one side and
pedestrian access on another).
(Ord.No. 32 3rd series, § 2, 3-27-2006)
Sec.78-827. -Off-street parking.
(a) General provisions. If any increase in the size, or changes in the uses, of such an existing principal
use is made beyond the size or for other than the uses above allowed,then additional off-street parking
spaces shall be provided pursuant to this section, but only for the additional spaces resulting from the
increase in size or changes in uses.
(b) Number of uses. The required number of off-street parking spaces shall be located on the same lot as
the principal use or on an adjacent lot under the control of the owner of the principal use. For purposes
hereof, "control' may be derived from ownership or by lease or easement continuing for a period of
Page 6
not less than 25 years. In the alternative, the city council may approve off-site parking for a period
coterminous with the building lease. The required parking spaces shall not be separated from the
principal use building by a street. Seventy-five percent of all required spaces shall be located within
500 feet of the entrances to the principal use building and 100 percent shall be within 1,000 feet.
(c) Setbacks.
(1) Exposed parking spaces or drive aisles (except that portion of the driveway crossing the public
right-of-way to give access to the street) shall be located within the following setbacks:
a. Major street' : 20 feet.
b. Minor street 2: 10 feet.
c. Rear lot line 3: 10 feet.
d. Interior side lot line 3: 10 feet.
This setback applies to side yards adjacent to Wayzata Boulevard and Old Crystal Bay
Road.
2 This setback applies to side yards adjacent to all other roads, public or private, within the
"I", Industrial district.
3 Within adjoining industrial developments, private access, truck circulation area, and
undivided parking areas may be permitted, provided that each individual parcel meets all
other district requirements.
(2) Parking, truck circulation area, and drive aisles shall be set back a minimum of ten feet from all
buildings to provide a space for landscaping and sidewalks. Parking, truck circulation, and drive
aisles may be located directly adjacent to buildings in rear and side yards which do not abut public
streets, and where the property owner demonstrates that the proposed parking area will be fully
screened from view of the public right-of-way.
(d) Required parking.
(1) Automobile service centers:One space for each 400 square feet of leasable area, plus one space
for each employee on the maximum work shift.
(2) Offices, medical and dental laboratories, business or professional offices: One space per 200
square feet.
(3) Multi-tenant industrial buildings: One space for each 400 square feet of gross floor area, or the
sum of the component gross floor areas as follows, whichever is greater:
a. One space for each 200 square feet of office space.
b. One space for each 2,000 square feet of warehouse space.
c. One space for each 300 square feet of manufacturing, processing, packaging,treatment and
assembly space.
d. One space for each 500 square feet of space containing machines and equipment for
conducting scientific research, testing or experimentation.
(e) Floor area. The term"floor area"for the purpose of calculating the number of off-street parking spaces
required shall be determined on the basis of the exterior floor area dimensions of the buildings,
structure or use times the number of floors, minus ten percent.
(f) Computation. When determining the number of off-street parking spaces, any fraction of a number
shall constitute an additional space.
(g) Snow storage in parking stalls. Provision shall be made in the parking area for adequate snow storage
or removal in order to ensure that the required number of spaces is available at all times during the
year.
Page 7
(h) Circulation. Traffic circulation systems shall be designed to accommodate anticipated traffic demands.
Vehicular traffic generated by industrial uses shall be channeled and controlled in a manner which will
avoid congestion or interference with other vehicular transportation systems and pedestrians and
which will avoid creating traffic hazards and excessive traffic.
(i) Parking size. Each parking space shall have a minimum width of nine feet and a minimum depth of 20
feet exclusive of aisle and maneuvering space.
Q) Curb cut size. No curb cut access shall exceed 24 feet in width unless approved by the city engineer.
(k) Grade. The grade elevation of any parking area or driveways shall not exceed four percent.
(1) Surfacing. Except as otherwise determined by the city council, all industrial uses shall have customer
parking areas and driveways which are surfaced with asphalt.
(m) Lighting. Any lighting used to illuminate an off-street parking area shall be hooded and so arranged as
to reflect the light away from adjoining property, abutting residential uses, and public rights-of-way.
(n) Required screening. All open off-street parking areas of five or more spaces shall be screened with
landscaping and/or other materials from abutting or surrounding residential districts.
(o) Landscaped islands. A minimum of one landscaped parking island per 20 parking stalls shall be
required within any industrial use. Areas meeting the conditions listed in section 78-827(c)(2) which
are proposed for truck circulation, but converted to parking per a plan approved by the city shall be
exempt from this provision.
(p) Signs. No signs shall be so located as to restrict the sight lines and orderly operation and traffic
movement within any parking lot or driveway. All signs shall be in conformance with section 78-1466
of this chapter.
(q) Deferment of parking. A reduction in the number of required parking stalls may be permitted by a
conditional use permit as outlined in section 78-823 provided that the following conditions are met:
(1) Evidence is provided demonstrating that the parking requirements of the proposed use will be
less than the parking required under this section during the peak demand period. Factors to be
considered when reviewing the proposed parking demand shall include, but not to be limited to:
a. Size, type, and use of building.
b. Number of employees.
c. Projected volume and turnover of employees.
d. Projected frequency and volume of delivery or service vehicles.
e. Number of company vehicles.
f. Storage of vehicles on the site.
(2) In no case shall the amount of parking provided be less than one-half to the amount of parking
required by the ordinance.
(3) The property owner can demonstrate that the site has sufficient property under the same
ownership to accommodate the expansion of the parking facilities to meet the minimum
requirements of this section if the parking demand exceeds on-site supply.
(4) On-site parking shall only occur in areas designed and constructed for parking in accordance with
this section. The area reserved as "proof-of-parking" shall be sodded or seeded and maintained
as green space. No permanent buildings shall be permitted in the"proof-of-parking"area.
(5) The conditional use permit approving parking deferral under this section shall be recorded per
city practice, providing that additional parking shall be constructed in accordance with this section.
(6) To qualify for a parking deferment, the site must comply with all current zoning requirements.
Page 8
(Ord.No. 32 3rd series, § 2, 3-27-2006)
Sec.78-828. - Loading.
(a) General provisions. In addition to other restrictions of this chapter, all loading or unloading into or out
of trucks in excess of three-fourths ton capacity shall be conducted at facilities specifically designed
and designated for that purpose. Those facilities, designated as"loading facilities"shall be subject to
the following regulations:
(1) A minimum of one loading berth per 50,000 square feet of gross floor area or part thereof. Loading
berth shall be 55 feet in length, 14 feet in width, and 15 feet in height.
(2) All loading docks shall be located within the perimeter of the principal or accessory building and
shall be completely enclosed except for the opening needed for access to a vehicle during the
time it is standing at a berth.
(3) No loading facility shall be located within the required front street or side street setback for the
principal building or within ten feet of an interior side lot line or rear lot line.
(Ord.No. 32 3rd series, § 2, 3-27-2006)
Sec.78-829.-Landscaping.
(a) General provisions. Where any industrial use abuts a property zoned for residential use, the industry
shall provide screening of the parking areas along the boundary of the residential property. Screening
of such parking areas shall also be provided where a business or industry is directly across the street
from a residential zone.
(b) Fencing. All fences shall be placed within the property being fenced.
(1) Fences extending across a required front yard or required side yard which abut a street on a
corner lot shall be at least 75 percent open for a passage of air and light and shall maintain the
traffic visibility.
(2) Industrial fences shall not exceed eight feet in height.
(c) Minimum number of plantings. Industrial Districts shall contain, at a minimum the greater of two trees
per 1,000 square feet of gross floor area or two trees per 40 lineal feet of site perimeter whichever is
greater.
(d) Minimum planting size. All landscaping incorporated in said plan shall conform to the following
standards and criteria. All plants must at least equal the following minimum size: (All trees shall be
balled and burlapped (B&B) and shrubs shall be container grown unless otherwise approved by city
staff. Type and mode of planting are dependent upon time of planting season, availability, and site
conditions (soils, climate, ground water, irrigation, grading, etc.).
Shade Trees: 1.5 to 2 inch.
Ornamental Trees: 1 inch.
Coniferous Trees: 4-6 feet.
Large Deciduous Tree: 2-4 feet.
Large Coniferous Shrubs: 2-4 feet.
Small Deciduous Shrubs: 18-24 inches.
Small Coniferous Shrubs: 18-24 inches.
Page 9
(e) Spacing:
(1) Plant material centers shall not be located closer than three feet from the property line and shall
not be planted to conflict with public plantings based on the judgment of the zoning administrator.
(2) Where plant materials are planted in two or more rows, plantings shall be staggered in rows
unless otherwise approved by the zoning administrator.
(3) Where plants or screening is intended, large deciduous and coniferous shrubs shall not be
planted more than four feet on center.
(f) Types of new trees. Plantings, suitable trees include, but are not limited to the following:
Oak.
Red Maple.
Sugar Maple.
Hackberry.
Birch.
Honeylocust.
Little Leaf Linden.
American Linden.
Green Ash.
Ginkgo.
Kentucky Coffee Tree.
(g) Design. The landscape plan must show some form of designed site amenities (i.e., composition of
plant materials, and/or creative grading, decorative lighting, exterior sculpture, etc., which are largely
intended for aesthetic purposes).All areas within the property lines(or beyond, if side grading extends
beyond)shall be treated.All exterior areas not paved or designated as drives, parking or storage, must
be planted with ornamental vegetation (lawns, ground covers or shrubs) unless otherwise approved
by the zoning administrator.
(h) Seeding and sod. Seeding may be used when the city determines sod is not practical or desirable
such as, but not limited to, open spaces, sites that are rough graded and areas that cannot be
developed (such as those located within a power line easement).
(i) Slopes and berms. Slopes that are to be maintained as turf in excess of 2:1 are prohibited unless
approved by the zoning administrator. All berms must incorporate trees and plantings into the design.
In no situation shall berms be used as the sole means of screening.
(j) Ground areas under building roof overhangs. All ground areas under the building roof overhang must
be treated with a decorative mulch and/or foundation planting.
(k) Detention ponds. Stormwater ponds shall be landscaped with an average of a ten foot buffer strip of
shade and ornamental trees, evergreens, shrubbery, natural grasses, groundcover and/or other plant
materials to provide an aesthetically appealing setting. This landscaping plan shall be in addition to
the required landscaping.
(1) Irrigation systems. All principal use structures shall provide an exterior water supply for use in
landscape purposes. The exceptions to this are one and two family dwellings and additions to existing
structures equal to or less than ten percent of the square feet of the existing structure.
Page 10
(m) Landscape guarantee. All new plants shall be guaranteed for two full years from the time planting has
been completed. All plants shall be alive and in satisfactory growth at the end of the guarantee period
or be replaced.
(Ord.No. 32 3rd series, § 2, 3-27-2006)
Sec.78-830.-Drainage.
(a) General provision. No land shall be developed and no use shall be permitted that results in water
runoff causing floods, erosion or deposits on adjacent properties. Site and drainage plans shall be
submitted by the applicant in such detail as required by the council, and those plans shall be reviewed
by the city engineer before submission to the planning commission and the council for approval. Such
runoff may be required to be properly channeled into a natural watercourse, ponding area, storm drain
or other public facilities.Any change in grade affecting water runoff,whether onto adjacent property or
otherwise, must be in compliance with the surface water management plan and shall be consistent
with other applicable regulations of provisions of this code and subject to the approval of other
agencies having jurisdiction over the area affected by the drainage.
(Ord.No. 32 3rd series, § 2, 3-27-2006)
Sec.78-831.-Lighting.
(a) General provision. Any lighting used to illuminate a structure, an off-street parking area, or other area
in an industrial district shall be arranged so as to deflect light away from any adjoining residential
property or from any public right-of-way. All lighting shall be installed in accordance with the following
provisions:
(1) Lighting cutoff. The luminaire shall contain a cutoff which directs and cuts off the light at an angle
of 90 degrees or less.
(2) Lighting adjacent property. Lighting sources shall not be permitted so as to light adjacent property
in excess of the maximum intensity.
(3) Architectural/historical light fixtures. Architectural/historical light fixtures that feature globes that
are not shielded or lighting of entire facades or architectural features of a building may be
approved by the city council. In no case shall the light affect adjacent property in excess of the
maximum intensity.
(4) Light poles. All light poles shall be of a dark color. Light colored light poles shall be prohibited.
(5) Height of source and pole. The maximum height of the fixture and pole above the ground grade
permitted for light sources is 30 feet. A light source mounted on a building shall not exceed the
height of the building. In no case shall the height of a light source mounted on a pole or on a
building exceed the height limits of the zoning district in which the use is located unless allowed
by conditional use permit.
(6) Intensity. No light source or combination thereof which casts light on a public street shall exceed
one foot-candle (meter reading) as measured from the right-of-way of said street nor shall any
light source or combination thereof which casts light on adjacent residential property exceed four-
tenths (0.4)foot candles (meter reading)as measured at the property line.
(7) Location. The light source of an outdoor light fixture shall be set back a minimum of ten feet from
a street right-of-way and five feet from an interior side or rear lot line.
(8) Hours.The use of outdoor lighting for parking lots shall be turned off one hour after closing except
for approved security lighting.
(Ord.No. 32 3rd series, § 2, 3-27-2006)
Page 11
Sec.78-832.-Signage.
(a) General provisions. All signs shall conform to the sign standards of section 78-1466 of the chapter.
Signage within the I-Industrial District shall be limited to the following standards:
Freestanding signs(Monument style only—No pylon signs allowed):
(1) No more than one double sided freestanding sign allowed per lot or per building.
(2) The sign area shall not exceed 100 square feet of space on each side.
(3) The sign shall not exceed ten feet in height.
(4) Freestanding signs shall be located so as not to be visible to traffic within the Highway 12/394
corridor.
Wall signs:
(1) Buildings within the I-Industrial District may have signs on any facade,whether or not such facade
faces the public right-of-way. The total amount of wall signage for a building shall be limited to a
square footage equal to five percent of the area of the facade or facades that face the public right-
of-way. However, no individual facade shall have a signage area greater than five percent of that
individual facade.
(2) Wall signs on south-facing building facades adjacent to the Highway 12/394 corridor shall be
limited to one sign not exceeding ten square feet for each business entrance along the south-
facing wall. Such signs shall not be internally lit.
Directional signs:
(1) Directional signage needed for traffic circulation or pedestrian movement as approved by the city
shall not count in the overall square footage calculations.
(b) [Comprehensive sign plan]When a single principal building is devoted to four or more industrial uses,
a comprehensive sign plan for the entire structure shall be required. No permit shall be issued for an
individual use except upon a determination that it is consistent with the approved comprehensive sign
plan.
(Ord.No. 32 3rd series, § 2, 3-27-2006)
Secs. 78-833-78-845.-Reserved.
Page 12
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6769
SH�t`�
A RESOLUTION
GRANTING A CONDITIONAL USE PERMIT TO ALLOW A
BUS GARAGE AT 2687 WAYZATA BOULEVARD
FILE NO. 17-3935
WHEREAS,on June 12,2017,Orono Public Schools("Appficant[sn,acting for the owners,
Long Lake Properties,LLC,applied for a Conditional Use Permit from the City Code for the property addressed
2687 Wayzata Blvd and legally described on Exhibit A,(hereinafter the"Property';
WHEREAS,the Applicants have made application to the City of Orono for a Conditional
Use Permit to allow Trucking Operations,but not distribution centers;and
WHEREAS, on May 15, 2017, after published and mailed notice in accordance with
Minnesota Statutes and the City Code, the City Council held a public hearing, at which time all persons
desiring to be heard concerning this application were given the opportunity to speak thereon;and
WHEREAS,on May 15, 2017,the Planning Commission recommended approval of the
Conditional Use Permit;and
WHEREAS, on June 12, 2017, the City Council reviewed the application and the
recommendations of the Planning Commission and City staff;and
NOW,THEREFORE,BE IT RESOLVED that the City Council of Orono,Minnesota
hereby approves the requested variance as described above based on one or more of the following findings
of fact concerning the Property:
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #17-3935. The analysis contained within staff
memos and the exhibits attached to the aforesaid memos, all minutes fiom the above mentioned
meetings,and any and all other materials distributed at these meetings are hereby incorporated by
reference.
2. The Property is located in the Industrial Zoning District.
3. The Property is within Tier 5 and hardcover is limited to 85%according to the Stormwater Quality
Overlay District.
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CITY OF ORONO
RESOLUTION OFF THE CITY COUNCIL
NO. 6769
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4. In considering this Conditional Use Permit application,the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variance upon the
health,safety and welfare of the community, existing and anticipated traffic conditions,light and
air,danger of fire,risk to the public safety,and the effect on values of property in the surrounding
area.
CONDITIONAL USE PERMIT ANALYSIS:
The City Council may grant a CUP as the use permit was applied for or in modified form. On the basis of
the application and the evidence submitted,the city finds that the proposed use at the Property is or will be:
The Planning Commission may recommend and the Council may grant a Conditional Use Permit
(CUP)as the use permit was applied for or in modified form.On the basis of the application and the
evidence submitted,the city must find that the proposed use at the proposed location is or will be:
1) Consistent with the community management plan; The community management plan
suggests industrial uses in this part of Orono.
2) Compliant with the zoning code,including any conditions imposed on specific uses as
required by article V,division 3 of the City Code; "Trucking,but not distribution centers"
is a listed conditional use in the Zoning Ordinance. The City Council feels the bus garage
is appropriate use of land in the Industrial zoning district and consistent with the zoning
code.
3) Adequately served by police,fire,roads,and stormwater management; The site is on a
county road with capacity for the designed traffic. During peak hours,based on
empirical experience,full maneuverability may be problematic,delaying left turns onto
Wayzata Blvd.
4) Provided with an adequate water supply and sewage disposal system; The site is served by
municipal water and sanitary sewer.Bus washing is mentioned In the write up,but not
shown on the plan. If bus washing is to occur in a dedicated space,i.e.a wash-bay it
should be shown on a site plan,and may impact effluent draining and applicable SAC
units for the property.
5) Not expected to generate excessive demand for public services at public cost; The use is not
expected to require additional policing,traffic control,or staffing from the city.
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 neighborhood has been developed;the proposed use is not
expected to impact adjacent uses.The surrounding properties are well maintained,
present a professional appearance,and storage areas are screened from view.
7) Consistent with the character of the surrounding area,unless a change of character is called for
in the community management plan; The Planning Commission should determine if a fuel
Island and exterior bus storage is consistent with the character of the neighborhood.
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CITY OF ORONO
RESOLUTION OF nm CITY COUNCIL
NO. 6769
sttO�`�
Staff suggests that a berm/screen plan be developed to shield the buses from the road,
and the feel island be located to the rear or side of the building.
8) Compatible with the character of buildings and site' in the surrounding area,
unless a change of character is called for in the community management plan; The Council
has determined that the proposed use of the exterior spaces is consistent with the
surrounding area.
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; No evidence has been presented.
10)Provided with screening and buffering adequate to mitigate undesirable views and activities
likely to disturb surrounding uses; A screening plan has not yet been developed but is listed
In the required conditions.
11)Not create a nuisance which generates smoke,noise,glare,vibration,odors,fumes,dust,
electrical interference,general unsightliness,or other means; The bus storage and garage is
not expected to create nuisances as listed. Minor repair L to occur indoors.
12)Not cause excessive non-residential traffic on residential streets,parking needs that cause a
bemonstiable inconvenience to adjoining properties,traffic congestion,or unsafe access; The
site is sized to accommodate anticipated parking requirements.
13)Designed to take into account the natural,scenic,and historic features of the area and to
minimize environmental impact; Not applicable.
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; No additional lighting is proposed and
15) Not detrimental to the public health,public safety,or general welfare.The city believes this
criteria to be met.
A CUP may be granted subject to such conditions as the Council may prescribe. Additionally,a CUP
shall remain in effect as long as the conditions imposed by the City Council are observed,but nothing
in this section shall prevent the city from enacting or amending official controls to change the status of
conditional uses.
CONCLUSIONS.ORDER AND CONDITIONS:
Based upon one or more of the above findings,the Orono City Council hereby grants a Conditional
Use Permit to Orono Municipal Zoning Code Section 78-823 to allow Bus operations and storage as
"Trucking Operations,but not distribution centers",subject to the following conditions:
1. Council approval is based on the entire record,above Findings.
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RESOLUTION OF THE CITY COUNCIL
No. 5 7 6 9
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2. Bus washing improvements(exterior drain, interior wash bay or similar)are permitted without a
CUP amendment as bus washing improvements will impact SAC rates and possible other fees.
3. All repair must occur interior to the building. No major repair(engineer/transmission overhauls,
body work,etc.)is permitted.
4. The fuel island shall be located in the side or rear yard,the Fire Chief must approve final location.
If the fuel island cannot be located in the rear or side yard,the screening plan must be approved by
the City Council.
5. A berm and landscape screen shall be added to the north of the employee parking area,plan to be
approved by staff. The berm shall undulate in height,between 2 and 6 feet in height and include
grasses,shrubbery,and evergreen trees intended to provide screening of parked school buses.
6. Fire and Building Codes shall be observed.
7. 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 or occupying the building or
the Conditional Use Permit will expire on that date June 12,2018.
8. Violation of or non-compliance with any of the terms and conditions of this resolution may result
in the termination of any authority granted herein.
ADOPTED by the Orono City Council on this 12th day of June,2017.
ATTEST: CITY OF ORONO:
rol�—,0,�'—��
Anna Carlson,City Clerk Dennis Walsh,Mayor
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCEL
NO. 6769
SH�4�
Exhibit A
Legal Description
5