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Home My WebLink AboutResolution 4845 �„ ,., . � � � � O� ! O O ' CITY of ORONO � � : I��`� ti . ti RESOLUTION OF THE CITY COUNCIL � �L`gk'ES8�4�G � � NO. � � �� . A RESOLUTION GRANTING CONDITIONAL USE PERMITS PER SECTION 10.50, SUBDIVISION 3 A AND INDUSTRIAL SITE PLAN APPROVAL FILE NO. 02-2795 WHEREAS,WJM Properties,LLC,has an interest in,(hereinafter"the applicant") and DRB #8, LLC is owner of the property (hereinafter "the owner" 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 WAEREAS,the applicants have applied for a conditional use permit per Municipal Zoning Code Section 10.50, Subdivision 3 A to permit use of the property for a wholesale distribution facility,repair,parts warehouse, and fleet sales and leasing lot; and • WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on June 17,2002, at�vhich time all persons desiring to be heard concerning this application were given the opportunity to speak"thereon. NOW, THEREF,ORE, BE IT RESOLVED by the City Council of Orono, Minnesota: ` ' FINDINGS , :, l. This application was reviewed as Zonin�File#02-2795. � ' 2. The property is located in the I;Industrial District. 3. Automobile repair and wholesale operations are permitted uses in the I district. 4. Open sales lots,when a wholesale operation,and outside storage are conditional uses in the I district. 5. The Orono Planning Commission reviewed this application on June 17, 2002 and recommended approval by a vote of 7 to 0. � Page 1 of 10 . '�� . O� � • O �. O - � .r CITY o� ORONO � � �� ti ._ ti RESOLUTION OF THE CITY COUNCIL �L`� Og'�G � NO. � � � � kESYi 6. The Planning Commission made the following findings of fact: A. The Planning Commission finds the sales allowed on the property as a Permitted Use would be sales associated with a wholesale operation. In the Code under the general heading of`Processing'are a list of types ofprocesses that would be allowed in the district. Processes would include conducting certain manufacturing, fabrication, storage, or wholesaling operations. The I district lists"automobile and truck painting,major repair,body and fender work,upholstering,tire recapping and sales when completely enclosed within a building." This would allow auto sales as a wholesale operation. B. The Orono zoning ordinance does not permit"retail sales"in the I,Industrial zoning district. Retail use of the property for automobile sales in the classic sense,i.e.general customer visits for the purposes of purchasing a vehicle or , parts, is not permitted on the properiy. However,proposed uses such as the • body shop, auto processing, and whblesale of cars and parts are permitted uses in the district. yi .. f� - �.::+.+E. ....,r . , C. "Auto Sales Showroom"at the north end of the building will involve 32,800 � s.f.within the building in addition to an outside open sales lot with stalls for 40 cars on display and for demonstration or test drives,all as part of the fleet sales and leasing`operation.�The operation of the showroom and open sales lot as proposed would meet the definition of a wholesale operation. :� . D. The body shop and aufo prep areas are permitted in the district. The body shop would be in an area of approximately 45,000 s.f. completely within the building. Vehicles stored waiting for body repair or for delivery would be stored in the outside storage area south of the building. E. The auto prep area will occupy 18,300 s.f. of building area. All auto prep will occur inside the building, Morries expects to receive approximately ten incoming loads of new automobiles per month. New automobiles will be unloaded and will be stored outside and delivered to dealerships. Total outgoing vehicles are estimated at 120 per month. . � Page 2 of 10 � �� 0 � �� CITY of ORONO 3 w- � '"...�,.._ 1�'7. . � �'',� Gti' RESOLUTION OF THE CITY COUNCIL ��kESI304� ' NO. � � � � F. The storage area ofthe building comprises approximately 17,000 s.f. Storage will be for internal operating uses, owner storage, and storage of facility related equipment. The office is incidental to the operation of the facility. Both storage and office would be allowed as`incidental'uses of the building to the operation of the entire facility. G. The Conditional Use Permits for the outside sales lot and outside storage would require all items to be stored within a building;or shall be screened by � a fence or wall not less than five feet in height and not less than 50%opaque. The Planning Commission finds a berm, not less that 3' in height, shall be constructed north of the outside sales lots with plantings with a height of 3'. The intent is to provide some visual screening to the outside sales area to not give the appearance of a retail sales lot. It is the understanding of the Planning Commission the outside display area is for the fleet customer test drive and viewing, but not to attract the general public to the site for . � individual purchase of vehicles. . . H. The Orono zoning ordinance does not define retail sales and wholesale sales. The City has used a general definitions book titled The Illustrated � Book of Development Definitions. 1) Retail Trade "Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering . services incidental to the sale of such goods.° An important characteristic of retail establishments is that they are usually . a place of business engaged in activity to attract the general public to buy. ' Retail establishments sell.to customers for their own personal or household ... use: _ .. • . 2) Wholesale Trade "Establishments orplaces ofbusiness primarily engaged in selling merchandise to retailers;to industrial,commercial,institutional, or professional business users,or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies." ; � - � Page 3 of 10 � o.�,. . � • o � ' w. CITY of ORONO 3. r � ';?.ti . Y7 . � i. . � �{ RESOLUTION OF THE CITY COUNCIL ��l ��'~ . . `qk'ESI3�g' N0. � � � � I. The Comprehensive Plan encourages a conversion to uses such as light industrial and high tech medical that have a clean,professional appearance . and are compatible with the planned office park on the north side of Highway 12, and the planned residential development west of Old Crystal Bay Road. The re-use of the WSI property is an opportunity to begin to set the character for the Industrial District in terms of use and appearance. J. Retail uses rely on advertising signage to attract customers, while wholesaling operations normally will provide signage primarily to identify the site. The signage that is proposed for the site includes a 65 s.f.monument sign to be located at the entrance to the property from Highway 12 (Morries Distribution Center Body Works) and building lettering totaling 117 s.f. (Morries Automotive Group). The Planning Commission finds the proposed signage does not suggest that the building is advertising for a retail auto dealership,but rather only identifying the individual user of the facility. • � 7. The Ci Council finds that antin a conditional use ermit will not be detrimental � tY �' g P 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 sunounding property values and that the proposed level of use of the . property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. � 8. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicants and the affect of the proposed use on the health, safety, and welfare of the community. � CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby approves a conditional use permit per Municipal Zoning Code Section Section 10.50,Subdivision 3 A to permit use of the property for a wholesale distribution facility,repair,parts warehouse, and fleet sales and � leasing lot subject to the following conditions: • � Page 4 of 10 � °� • o � � � - � � CITY of ORON� � - ..;.. � , ti ti . RESOLUTION OF THE CITY COUNCIL ��`9.F�'E O'�'�G NO. � � � a� . S8 1. The outside storage area located on the south side of the building sha11 be completely screened with a 6' fence around the perimeter of the storage area. This is the area where all vehicles intended for body work will be stored when not within the building. • � 2. The individual storage area devoted to the parking of new vehicles and finished � vehicles ready for delivery to dealerships shall be limited to 250 parking spaces.The area should be limited to the east end of the parking lot since adequate screening will not be located directly within the parking area. The total display parking for vehicles , shall be limited to the 40 at the north ends of the parking lots. Such parking shall be 25 parking spaces north of the building and 15 spaces northeast of the building, as proposed on the site plan. 3. The parking lot shall ha�e 6 planting islands located within the east parking lot per . the recommendations. The intent of such plantings is to separate areas for display, • customer parking and employee parking from the parking for vehicles that aze intended for processing. 4. The display areas are proposed to use the existing trees that aze on the property for �. screening. The new parking area on the north side of the building will require removal of at least one substantial tree on the north side of the building. The site plan indicates some of the trees_will be relocated between the parking lot and the highway. Additional screening will be provided in the form of a berm(a minimum of 3' in height) with planting of junipers. The required screening shall screen the display parking areas from view to:Highway 12. _ 5. The existing light poles in the east parking lot shall be removed and 4-twin head light fixtures on poles not to exceed 25' in height are permitted to be constructed to provide enough lighting to provide security and lighting to the property. . ; ; � , 6. 5-twin head light poles,not to exceed a height of 20' are permitted to be installed at the north end of the display parking area. 7. All lighting fixtures shall be a "shoe box" style light fixture with a recessed light � source, not allowing the light sources to be visible from any property line. • Page 5 of 10 � � °� i � � �� CITY of ORONO g _ 1� ` .f,. � , , � �',� G'�' RESOLUTION OF THE CITY COUNCIL ��kES80�� . NO. � � � � . Because new areas of impervious surface are proposed, engineering information regarding the drainage area and rate calculations must be submitted by the applicant and approved by the City Engineer. Any required permits must be received from Minnehaha Creek Watershed District prior to occupancy of the property. � 9. Applicant shall be placed on notice that future access to the property may change and applicant agrees to discuss the issue of access at such time the City or adjacent property owners initiate such discussions. � 10. The industrial zoning district does not permit retail sales in the industrial distict. Such approvals granted within this site plan and conditional use pernut allow only wholesale operations,body work,and warehousing with intent to distribute product. Such use would include fleet sales of automobiles to a commercial or corporate customer and wholesale trade of parts from the site. No advertising, lighting, or displays are permitted when the intent is to attract drive-by customers. • � 11. The signage is approved as submifted: Any additional signage �shall require additional review. ' 12. Noise of the operation shall be in conformance with the Noise Ordinance. 13. Hours of operation for fleet sales and leasing shall be limited to 9:00 a.m. to 9:00 p.m.Monday through Friday and 9:00 a.m. to 6:00 p.m. on Saturday. 14. Periodic review of this conditional use permit for compliance regarding outside display and outside storage shall be allowed and conducted as deemed necessary by the City of Orono. 15. Approval of the site plan is subject to the applicant submitting a final guarantee in the form of a letter of credit for 150% of the improvement costs,per execution of a developers agreement. Upon final approval of the site plan the City Engineer will provide an estimate of the total improvement costs. 16. Authorities granted by the conditional use permit run with the property not with the applicants. � � 17. Violation of or non-compliance with any of the terms and conditions of the • conditional use permit approval shall constitute a violation of the zoning code,shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. � � Page6of10 . � �� . - �. CITY of ORONO � - .;.. � ti ti RESOLUTION OF THE CITY COUNCIL ' �� , g,�'G � . kESS� N�. � 4 � 18. The undersigned owner and applicant have read,understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting • held on the 12th day of August,2002. ATTEST: U Linda S. Vee, City Clerk Barbara A. Peterson, Mayor • Property r(s) � Applic STATE OF MII�tNESOTA COUNTY OF HENNEPIN � - �y The foregoing instnunent was acknowledged before me on this�2th day of August,2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � �-� �, �-�C�-�-�--Q �oGC�. t �.,r., . "'�• RACHEL DOpGE Notary Public ,� ; �-�x�,,:;;: ^,�.N(O��T..A.�RtY��Pt_U_BLIC-MINNEFOTA Cti`�.:�,��.'�� '•'7 v�n�M��455M1 �P�s Jan.31,2005 . Page 7 of 10 .. ,� � � O� • O � O . -� � � � CITY of ORONO ,� -,. � ., F ti RESOLUTION OF THE CITY COUNCIL � � ��kESS�g'�� NO. � � � � . STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this /��. day of �P Gr�� ,200,� by Linda S.Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public � DENISE M.LESKINEN ' NOTARY PUBI,lC.MiNNESOTA • STATE OF MINNESOTA . �'4'�an�►«i Ex�es�an.a�,2acs COUNTY OF HENNEPIN On this /�1�l�day of �c�► , 200 L, �`�14�J1�c.s�. �. W e�,q�v�4�, �. �personally appeared before me, �_ who is personally known to me , whose identity I proved on the basis of whose identity I proved on the oath/affirmation , a credible witness and who executed the foregoing instniment, and acknowledged that he/she/they executed the . same as his/her/their free act and deed. � -�. Notary ublic � PETER VV.JOiiNSON . NOTARY PUBiIC-IW�6ESOTA Mr CAlnn'AMbn E�IIM Jar1.31,2005 • Page 8 of 10 .. , •." � O� • O �. O . - � . CITY of ORONO � ,: C�� r Cl� �� G'�' RESOLUTION OF THE CITY COUNCIL � L�kEsII�4� . � NO: � � � A � STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of , 20_, personally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. � � i � � � � . Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of , 20_, personally appeared before me, who is personally known to me � whose identity I proved on the basis of whose identity I proved on the oath/affirmation , a credible witness . and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. . • ; . ' Notary Public Page 9 of 10 � r • � > " ' ` Eghibit A � � � - . � 4 � 4s �ca� oESCR�PnoN: �.: � . . . � . . : � �� Pa��e, .�:� . � . . . �. .' �. : � . . � . � �. , 'That .part .of the Sotitti .Half of the Nartheast Quarter of Sectton 33, TbwnshiP . 118, Range: 23, which lies East.of. the East tine of the plat of Oroho. Industria( ! Parfc and its,extensions; arid 1Nesf of .the West I(ne of the.plat of long Lake� � � .Vllest industriai Pdric and its eictensions; Henneptn County, Mirtnesota. � � Parcel 2: :. , . . . . .�� . �:. . , Lo{s�1 thrbugh 12,. ir�clusive, .Block 1, .Orono Industria! Park; �a o�i. of un�an �: : Drive, vocated as stiown ori ttie plat or 'said Orano Industtial Park. � � • � .. . . � � Page 10 of 10