HomeMy WebLinkAboutResolution 5470•
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 547 0
A RESOLUTION GRANTING AMENDMENTS TO
THE EXISTING CONDITIONAL USE PERMIT
PER SECTION 78-823 AND AN AMENDMENT
TO THE EXISTING INDUSTRIAL SITE PLAN
APPROVAL PER SECTION 78-821 AND
DENYING A CONDITIONAL USE PERMIT
FOR FLAG POLE HEIGHT PER SECTION 78-1366
FILE NO. 06-3185
WHEREAS, WJM Properties, LLC, (hereinafter "the applicant") is owner of the
property located at 2605 Wayzata Boulevard West within the City of Orono (hereinafter "the City")
and legally described as follows:
Exhibit "A" attached, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicant has applied for amendments to the Conditional Use
Permit granted in August 2002 via Resolution No. 4845 with regards to outside storage of motor
vehicles, and for amendments to the prior industrial site plan, approvals to allow for additions to
existing buildings on the site and expansion of the existing parking areas to support the body
shop, auto prep and wholesaling operations previously approved for the site via Resolution No.
4845, and for a conditional use permit to allow two flag poles at a height of 60' where only 40'
would normally be allowed; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on April 17, 2006, at which time all persons desiring to be heard
concerning this application were given the opportunity to speak thereon; and
WHEREAS, because this application was filed and deemed to be complete prior to
the effective date of City Ordinance No. 32, 3rd Series, this application is subject to the ordinances
in effect prior to said Ordinance No. 32, and all Code references herein pertain to the code in effect
prior to said Ordinance No. 32.
Page 1 of 8
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• 3 CITY of ORONO
a �
RESOLUTION OF THE CITY COUNCIL
`�kEsK0 NO. 5 4 7
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
This application was reviewed as Zoning File #05-3185.
2. The property is located in the (I) Industrial District. The property is subject to a number of
prior approvals documented in Resolutions No. 4845 (August 2002); No. 4993 (June 2003);
No. 5059 (October 2003); No. 5084 (November 2003); No. 5250 (November 2004); and
No. 5388 (October 2005).
3. Applicant proposes a 150' x 175' (25,620 s.f.) addition to the main building, squaring off
the southwest corner of the building.
4. Applicant proposes to create a 10' x 25' walkway connection between the two existing
detached truck garages.
5. Applicant proposes to abandon the south half of the 200' x 200' parking lot extension
approved in 2005, which has has been graded and graveled, but not paved. Applicant is
proposing to create a new 160' x 220' (35,000 s.f.) parking area directly south of the new
main building addition, plus a new 26' x 210' (5,500 s.f.) connecting driveway south of
the truck garage. The net result is 20,500 s.f. of bituminous hardcover over and above the
level of previous approvals.
6. Applicant requests a CUP per Section 78-1366 to allow two (2) 60 -foot high flag poles,
where the code would normally limit such poles to 40'. One would be located directly
behind the new monument sign adjacent to Highway 12, the second to be located in the
midpoint of the large easterly parking area, about 450' south of Highway 12 and 180'
west of the east lot line.
7. Applicant requests an amendment of the existing CUP conditions within Resolution No.
4845 to allow, as part of the fleet sales and leasing element of the operation, more than
the 40 `demonstration' or `display' vehicles currently allowed, but those in excess of 40
would be stored to the south end of the east lot.
8. The Orono Planning Commission reviewed this application on April 17, 2006 and on a vote
of 5-1 recommended approval all elements of the current request with the exception of the
Page 2of8
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CITY of ORONO
RESOLUTION OF THf CIzYOCOUNCIL
NO. �rtt ((
Rag pole height, which Planning Commission recommended be no more than 25' in height,
i.e. no higher than the highest building on the site.
The City Council makes the following findings:
A. The 25,620 s.f addition will be 20' in height, 5' higher than the main body of the
existing building and 5' lower than the highest portion (NW quadrant) of the
existing building. This meets the 40' height limit for the I District. This addition
expands the main building footprint to approximately 202,300 s.f., or 20.4 % of
this 990,000 s.f. site. With the additional 7,250 s.f. of existing accessory buildings
on the site, structural coverage is significantly below the 45% coverage allowed
for the site. The proposed addition will be concrete panels rather than the
concrete block construction of the remainder of the existing building. The tip -up
concrete panels as proposed will provide a higher quality facade than the building
it will be attached to, and the materials and proposed color are acceptable. The
building addition is not visible from Highway 12 and should not require screening
due to its relatively central location within the site.
B. The attachment will be of exterior materials similar to the pre -finished steel
construction of the existing easterly garage. This is an appropriate connection
since it would be difficult to make the connection with tip -up panels. The
connection will be virtually invisible from most angles, as it is merely filling a 10'
space between two buildings, and will be of the same coloration as those
buildings. The total square footage of the combined accessory buildings will be
7,250 s.f.
C. None of the proposed new parking area is close to lot lines. It is all more than
250' from the rear lot line. There is, however, only a limited vegetated buffer
along the south property line; this may disappear when the MnDOT drainageway
along the north side of the new Hwy 12 corridor is finished. The visual impact of
losing this buffer is not major; there is one house south of the 12 corridor that
would have second -story views of the parking area, from a distance of about 850'.
Lighting for the new parking will be similar in style, height, etc to the lighting on
the remainder of the site. This is acceptable and is expected to have no impacts
on adjoining residential properties which are all more than 600' distant from the
parking area. Additional screening of this new storage area does not appear to be
warranted at this time.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5470
D. A 60' flagpole would be approximately 4 times the height of the east fagade of the
main building. The City Council concludes that a 60' flag pole height would be
out of character with flagpole heights generally in the City and in the Long Lake
area, will be higher than the existing tree line, and is not necessary to draw
attention to the site for the applicant's suggested purposes of identifying the site.
E. The requested language revisions that would allow more than 40 `demonstration'
or `display' vehicles would require storage of those in excess of 40 to the south
end of the east lot. The existing language identifies different types of vehicles that
will be stored in the main easterly parking lot as "new vehicles and finished
vehicles ready for delivery to dealerships". It goes on to state that up to 40
vehicles may be parked for "display" at the north end of the main parking lot (15
cars) and at the north end of the building (25 cars). The "display" vehicle
language was originally intended to make a distinction between those cars that are
for demonstration purposes as part of the fleet sales and leasing element of the
operation at this site, and those stored or parked for other reasons. Specifically,
per Finding G of Resolution No. 4845, "...It is the understanding of the Planning
Commission that .the. outside display area is for the fleet customer test drive and
viewing, but not to attract the general public to the site for individual purchase of
vehicles."
F. Council finds that it is highly unlikely that the public would visually perceive a
difference between cars stored for demonstration purposes or cars stored or parked
for other purposes on the site, and that the excess traffic in the area caused by the
availability of more demonstrator vehicles will likely be minimal or
imperceptible.
G. Parking on the site as laid out in the proposed site plan has the capacity for 542
vehicles, which would include employee and customer vehicles as well as
vehicles stored for display, new vehicles for fleet sales, vehicles awaiting
preparation or repair, etc. The 250 vehicle limitation on "parking of new vehicles
and finished vehicles ready for delivery to dealerships" imposed by Resolution
No. 4845 was not specifically expanded to 320 vehicles in Resolution No. 5388,
although functionally that approval added about 100 stalls south of the existing
lot. It would be appropriate to expand the limitation on parking of new vehicles
and finished vehicles ready for delivery to dealerships, from 250 to 320 stalls at
this time.
Page 4 of 8
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5470
10. The applicant has previously submitted a grading and drainage plan which directs all
runoff from the site to the "Kenobi Pond" stormwater management ponding area to the
immediate southeast of the property, which is being developed by MnDOT as part of the
Highway 12 project. The City Engineer has granted preliminary approval for this grading
and drainage plan, and final approval should be subject to meeting all conditions of
approval to be established by the City Engineer.
11. The City Council finds that granting the requested Industrial Site Plan approvals and the
conditional use permits for the main building addition, the connection of two accessory
buildings, and the revision of the parking layout, as well as for the revisions to conditions
placed on outside storage, will not be detrimental to the health, safety or general welfare of
the public, will not adversely affect light, air nor pose a fire hazard or other danger to
neighboring properties, nor will its use depreciate surrounding property values and that the
proposed level of use of the property will be in keeping with the intent and objectives of the
Zoning Code and Comprehensive Plan of the City.
12. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by staff and comments of the
applicant and the affect of the proposed use on the health, safety, and welfare of the
community.
CONCLUSIONS, ORDER, AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby approves a
conditional use permit per Municipal Zoning Code Section 78-823 and industrial site plan approval
per Section 78-831 to permit the proposed 25,620 s.f. one-story addition to the principal structure,
the 250 s.f. addition to connect existing accessory buildings, the proposed revisions to approved
parking layout; and approves the proposed amendment of Resolution No. 4845 as described
below with regard to conditions placed on outside storage; and denies the requested conditional
use permit for flagpoles in excess of 40' in height; subject to the following conditions:
1. All work shall be in conformity with the approved site plan and building plans attached to
this resolution as Exhibit B. Any revisions to building or site plans may require additional
review by the City Council.
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3.
4.
5.
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 54 7 0
Final grading and drainage plans shall be submitted for approval by the City Engineer
prior to issuance of building permits or land alteration permits.
The applicant shall obtain building permits for the proposed building expansion and
accessory structure connections prior to commencing construction of said improvements.
The applicant shall obtain a land alteration permit prior to commencing the approved
parking expansions and any proposed stormwater conveyance facilities.
The conditions of Resolution No. 4845 and subsequent relevant Resolutions shall remain in
effect except as modified by this Resolution, and as follows:
Condition 2 of resolution No. 4845 shall be amended to read as follows:
642. The individual storage area devoted to the parking of demonstration vehicles, new
vehicles and finished vehicles ready for delivery to dealerships shall be limited to
320 parking spaces. Except for demonstration vehicles parked in display parking
spaces, the storage area should be limited to the south end of the eastern parking lot
since adequate screening will not be located directly within the parking area. The
display parking for demonstration vehicles shall be limited to the 40 at the north end
of the parking lots. Such parking shall be 25 parking spaces north of the building
and 15 spaces northeast of the building, as proposed on the site plan. Any
demonstration vehicles on-site in excess of the 40 display vehicles shall be staged
with the stored new vehicles in the south end of the eastern parking lot and shall be
considered storage vehicles under the numerical limitations." .
6. Because certain site improvements have potential public impacts if not properly constructed
and completed, such improvements shall be subject to a Development Agreement to be
executed by the City and the applicant, subject to an appropriate financial guarantee.
Authorities granted by this resolution run with the property not with the applicant, but are
permissive only and must be exercised by obtaining building permits and land alteration
permit within one year of the date of Council approval, or the approvals will expire on
that date (May 22, 2007).
Violation of or non-compliance with any of the terms and conditions of the conditional use
permit approval and industrial site plan approval shall constitute a violation of the zoning
code, shall automatically terminate any authority granted herein, and shall be punishable as
a misdemeanor.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 54 7 0
9. The undersigned owner has read, understands and hereby agrees to the terms of this
resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the
recording of this resolution in the Chain of Title of the property.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held on the 22nd day of May, 2006.
ATTEST:
Linda S. Vee, City Clerk
r pe wner s
Barbara A. Peterson, Mayor
Page 7 of 8
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
The foregoing instrument was acknowledged before me on this-22'rtdday oLMay,-2006 by
Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
he foregoing instrument was acknowledged before me on this 2�0` day of
200 to by Linda S. Vee, City Clerk of the City of Orono, a Minnesota
muiucipal corporation and said instrument was executed on behalf of the City.
�llir./�!J✓!!!l�ll!_rl_l./!!�!!.l•/l...f
11 ����.. �•, •
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me on this 2 ,-1 day of J,AAc , 2006
by Maurice J. Wagener, Chief Manager of WJM Properties, LLC, a Minnesota limited liability
corporation, on behalf of the corporation.
PETER W. JOHNSON
WARYPU!lLIC•lNNJW A Notary Pu is
Yet CCgM'*Wn E11 N JW 31, 2010
Page 8 of 8
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EXHIBIT A 54 7 0
RESOLUTION NO.
LEGAL DESCRIPTION
Parcel 1:
That part of the South half of the Northeast Quarter of Section 33, Township 118,
Range 23, which lies East of the East line of the plat of Orono Industrial Park and its
extensions, and West of the West line of the plat of Long Lake West Industrial Park
and its extensions, Hennepin County, Minnesota; and
Parcel 2:
Lots 1 through 12, Inclusive, Block 1, Orono Industrial Park, and all of Lincoln Drive,
vacated, as shown on the plat of said Orono Industrial Park, Hennepin County,
Minnesota.
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����e►ew��,>ta�Iv .�� a v1r1v t a v
IN THE NE 114 OF. 33-118-23
HENNEPIN COUNTWAINNESOTA
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