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Home My WebLink AboutResolution 6312 � , � O� � O , O CITY of ORONO r� ;. ,� RESOLUTION OF THE CITY COUNCIL �'�� G��' No. 6 3 1 2 �kE3H�g' A RESOLUTION GRANTING SITE PLAN APPROVAL PURSUANT TO CITY CODE SECTION 78-821 WITH VARIANCES FROM CITY CODE SECTION 78-827 AND CONDITIONAL USE PERMIT APPROVAL PURSUANT TO CITY CODE SECTION 78-827(Q) FOR PROPERTY LOCATED AT 450 OLD CRYSTAL BAY ROAD NORTH FILE#13-3589 WHEREAS, the City of Orono is a municipal corporation organized and � existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted land development�regulations for the orderly, economic and safe development of land within the City; and WHEREAS, Bauer Design Build LLC, a Minnesota Limited Liability Corporation (hereinafter the "Applicant") on behalf of Pine Corner Properties LLC, a Minnesota Limited Liability Corporation (hereinafter the "Owner") has made an application regarding the property located at 450 Old Crystal Bay Road North and legally described as: LOT 1, BLOCK 1, CRYSTAL BAY BUSINESS CENTER 2ND ADDITION, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, the Applicant has applied for Industrial Site Plan Approval to atlow improvements to the parking areas and to construct an addition to and conduct modifications to the existing building on the Property; WHEREAS, the Applicant has applied for conditional use permit (hereinafter the "CUP") approval to allow deferment of construction of 62 of the required parking stalls, a variance to locate the deferred stalls off of the Property at 550 Old Crystal Bay Road North is atso requested; WHEREAS, the Applicant has applied for a setback variance from the (� requirements of City Code Section 78-827 due to the location of the existing building and Page 1 of 4 . ' � O� � � �, 0 CITY of ORONO �" RESOLUTION OF THE CITY COUNCIL �� ti� � No. 63i � �`�kEsHog'� its proximity to Old Crystal Bay Road North, the proposed parking area is set back 6 feet from the existing building where a 10 foot setback from the building is required; WHEREAS, development of the Property is subject to the provisions of the Crystal Bay Business Center Development Agreement dated December 5, 2007 and its subsequent Amendments; WHEREAS, the Owner has requested the City extinguish the provision requiring removal of the existing building on the Property listed within the Crystal Bay Business Center Development Agreement; WHEREAS, after due published and posted notice, a public hearing was held by the Orono Planning Commission on January 22, 2013 regarding said industrial site plan, CUP and variance requests and all interested persons were given an opportunity to be heard; and � WHEREAS, at meetings held on March 25, 2013 and August 26, 2013 the�Orono City Council voted to approve the site plan, the CUP and the variances based on the following findings: 1. There is adequate space for landscaping and vegetative screening be#ween Old Crystal Bay Road and the parking areas and building to mitigate any negative views. 2. There is adequate space with which to provide foundation ptantings between the parking area and the building. 3. The Owner also owns the adjacent property to the north at 550 Old Crystal Bay Road North, a portion of wMich is currently vacant open space and available for future parking development. . 4. The Owner provided documentation as to the maximum number of parking staffs necessary per each shift at 550 Old Crystal Bay Road North and 450 Old Crystal Bay Road North. 5. Based on the allocation of uses within the building, per City Code Section 78- 827, 101 parking stalls are required for the Property. 6. 39 parking stalls will be provided at the Property (450 Old Crystal Bay Road North); 62 parking stalls will deferred to the southern portion of 550 Old Crystal Bay Road North. 7. According to the Owner, the parking needs at 450 Old Crystal Bay Road North are as follows: a. Weekday Shift—24 stalls b. Weeknight Shift—7 stalls c. Weekend Day Shift—6 stalls � d. Weekend Night Shift—6 stalls Page 2 of 4 � O� �� O � O CITY of ORONO � ;�. �+ RESOLUTION OF THE CITY COUNCIL �� `� No. 6 3 1 Z �kEsHOg'� 8. 113 parking stalls exist at 550 Old Crystal Bay Road North. 9. According to the Owner, the parking needs at 550 Old Crystal Bay Road North are as follows: a. Weekday Shift—66 stalls 10. The Owner has indicated that the weekday and weeknight shifts at the Property will overlap for approximately one hour each day necessitating a total of 31 stalls; 39 parking stalls will be constructed on site. 11. The existing building on the Property meets the minimum requirement of one loading berth per 50,000 square feet of gross ftoor area; a total of 3 loading berths are proposed. 12. Per Resolution No. 6190 the City Council granted CUP approval to allow use of an alternative exterior material on the existing building. Approximately of 12% of the fa�ade will be comprised of a red brick concrete material and the remainder of the building will be two differently toned stucco-like architectural panels to coordinate with the other buildings in the Crystal Bay Business Center campus. 13. The proposed windows, architectural materials and slight height variation � combined with the additional trees and landscape materials will relieve the potential visual monotony of the building. 14. The request conforms to the 12 site evaluation criteria outlined within City Code Section 78-145 regarding Site Plan review. 15. The request conforms to the 15 conditions outlined within City Code Section 78- 916 regarding issuance of conditional use permits. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono does hereby grant Industrial Site Plan Approval to allow improvements to the parking areas and to construct an addition to and conduct modifications to the existing building; grants CUP approval to allow deferment of construction of 62 (of the required 101) parking stalls; a variance to locate the deferred stalls off of the Property at 550 Old Crystal Bay Road North which is also owned by the Owner; a setback variance from the requirements of City Code Section 78-827 to permit the proposed parking area to be set back 6 feet from the existing building where a 10 foot setback is required for the Property subject to the following conditions: 1. Council approval is based on the site plan and landscape plan submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A, & B. Any amendments to the approved site plan or landscape plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Pursuant to City Code Section 78-827 the 62 required parking stalls deferred on 550 Old Crystal Bay Road North are dependent on the Owner's continued control of 550 Old Crystal Bay Road North. � Page 3 of 4 .� o,� �� O � O CITY of ORONO � ;�. �+ RESOLUTION OF THE CITY COUNCIL �� G'�'� NO. � � "� 2 ��kEsHog'� 3. The Owner must obtain permits pursuant to this approval and commence construction within one year from the date of this Resolution or the approvals granted within this resolution will expire. Adopted by the City Council of Orono this 26�h day of August, 2013. ATTEST: �-�.� ,�.�,��r;� J ' . � I�J�I.��' Rachel Dodge, City Clerk Lili Tod McMillan, Mayor � �� Owner STATE OF MINNESOTA COUNTY OF HENNEPIN �o�� This instrument was acknowledged before me this�day of ��, �6�-3; by !,l►�L� �HSd�I , the �oner of , �:,v �e�,er �� [.� , on behalf of �w coMu- ,P4-soo��a� �� ' �"°� Notary Publ c Donna J. Foss = Notary Public � " � Min�esota •.,;u„��•��°��Iy Commissan Ezqres Jam�ery 31,2015 Page 4 of 4 .�a . 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WITNESS my hand officially as such City Clerk and the corporate seal of the City this�day of ��h,c / , 2014. � �� -� �-�.-P �v�°L� ( City Clerk �._..