HomeMy WebLinkAboutResolution 4043 �
,
:_; _ .
�y:. --
� O ' M
� O O
��b. - C ITY of ORONO
� � ' ti
'�' RESOLUTION OF THE CITY COUNCIL
� �L`9$E Hp�'�'G ' . NO. � O � � . �
� S
A RESOLUTION GRANTING VARIANCES
TO ORONO MUNICIPAL ZONING CODE
SECTIONS 10.56 SUSDIVISION 16(L) AND 10.61 SUBDIVISION 5(B)
AND APPROVING THE ISSUANCE OF A BUILDING PERMIT
TO ORONO DEVELOPMENT, LLC
FOR THE PROPERTY LOCATED AT 2380 SHADYWOOD ROAD
PER MLTNICIPAL ZONING CODE SECTION 10.44, SUBDIVISION 2
FILE NO. 2326
WHEREAS, Thomas Dillon representing Orono Development, LLC (hereinafter
the "applicant") has an interest in the property located at 2380 Shadywood Road located within
� the City of Orono (hereinafter the "City") and legally described as follows:
Lots 19, 20, 21 and 22, Wiley's Navarre Addition, Lake Minnetonka; and
that part of Lot 5, Block 3, Townsite of Langdon Park, described as
follows:
Beginning at the Northeasterly corner of said Lot 5; thence Northwesterly
along the Northerly line of said Lot 5 to the Northeasterly line of the
public highway running across said Lot 5 and known as Minnetonka Lake
Park and Maple Plain Road (now County Road No. 19); thence
Southeasterly along the Northeasterly line of said road to the Easterly line
of Lot 5; thence Northerly along the Easterly line of said Lot 5 to the
point of beginning.
All in Hennepin County, Minnesota (hereinafter the "property"); and
WHEREAS, the applicants have applied to the City for a building permit per
Municipal Zoning Code Section 10.44, Subd. 2 to permit the commercial development of the
property that includes the approval of the following variances:
� Page 1 of 11
, �
� O�
� O O
��b. - C ITY of ORONO
� ' ti
'� RESOLUTION OF THE CITY COUNCI�
� ��`9.kE Hp4�'G. . NO. -
. � - S
1. Section 10.56, Subd. 16 (L) - Hardcover variance:
A. 500-1000' (North portion of property):
Zone area = 36,150 s.f. +
Proposed Hardcover = 17,250 s.f. + = 47.7%
Allowed Hardcover = 35% = 12,650 s.f. +
Variance = 4,600 s.f. = 12.7%
B. 500-1000' (South portion of property): �
Zone area' = 10,100 s.f. ±
Proposed Hardcover = 7,810 s.£ ± = 77.3%
Allowed Hardcover = 35 % = 3,535 s.f. +
Variance = 4,275 s.f. = 42.3%
� 2. Section 10.61, Subd. 5 (B) - Setback variance for parking (not allowed within
required front yard): • �
� � Required front yard = 20' (10.44 Subd. 6C)
Proposed front setback to parking = 5'
Proposed encroachment by parking = 15'
Variance = 15' or 75%
WHEREAS, the Orono Planning Commission reviewed this comprehensive
application at a public hearing held on January 20, 1998, and again at a continued hearing held
on February 17, 1998 and recommended unanimous approval of the development plans per the
. . commercial site plan, building elevations, and landscape �plan prepared by AMCON Design,
Construction, Construction Management, Inc. dated 2/2/98, for Orono Development, LLC,
subject to a recommendation that the City Council require a 15' setback for parking, granting
only a 5' variance. The City Council on February 23, 1998 reviewed the recommendations of
the staff, Planning Commission, City Engineer, consultants and the applicant's comments and
on a vote of 3-1 granted approval of the proposed variances and commercial site plan, directing
staff to prepare a formal resolution for approval incorporating unique fmdings and hardships
in support of such approval; and
� Pa e 2 of 11
g
t �
� O�
� O O
�e. � C ITY of ORONO
� ti
'�' RESOLUTION OF THE CITY COUNCIL
��`9.kE Hp4��'G . N O. �� � � e�
S
WHEREAS, the Orono City Council makes the following findings in regard to
this application:
FINDINGS
1. This application was reviewed as Zoning File #2326.
2. The property is located in the B-5 Limited Neighborhood Business District
requiring 20,000 s.f. in area. The property consists of 80,995 s.f. or 1.86 acres.
3. The development plans include an 11,246 s.f. one-story commercial o�ce/retail
building, to include:
� - 3,150 s.f. bank with drive-thru window
- - 2,816 s.f. commerciaUoffice space
- 5,280 s.f. retail space
� 4. The eneral uses proposed conform to the uses allowed in the B-5 Limited
g
Neighborhood District. Applicant has concurrently requested (Application #2327)
� an amendment of the B-5 District list of allowable conditional uses to include
bagel and coffee retail stores, which amendment is pending.
5. Per Section 10.61, Subd. 10, required off-street parking is approved as follows:
A. Banlc/commercial/o�ce = 1 stall per each 200 s.f. of net floor area.
5,200 s.f. net floor area = 200 = 26 spaces.
B. Retail = 1 stall�per each 150 s.f. of net floor area
� 4,500 s.f. net floor area = 150 s.f. = 30 spaces
Required = 56 spaces
Proposed = 62 spaces (incl. 3 handicap)
C. If retail is restaurant uses = 1 stall per each 80 s.f. of public floor area
Assuming public floor area = 50% of 5,280 s.f. = 2,640 s.f.
2,640 = 80 s.f. = 33 spaces (Required would be 26 + 33 = 59 spaces)
� (Requirement would still be met)
� Pa e3of11
g
� 1
� O�
� O O
�4. -� CITY of ORONO
� ' ti
'ti RESOLUTION OF THE CITY COUNCIL
. ���kESH�S�`'�'G . . NO. �l � � �► .
. 6. The stormwater retention pond located at the rear of the property will be
expanded to accommodate surface runoff from this site. All surface runoff will
be directed via underground storm sewers to this stormwater retention area
before discharging to the designated wetland to the southeast of the property.
7. David Zetterstrom, Entrance Permit Coordinator for the Hennepin County
Department of Public Works in a letter dated February 2, 1998 approved the two
curb cuts as shown on the site plan referenced above.
8. Tom Kellogg of$onestroo, Rosene, Anderlik and Associates, Inc. in his letter
of January 12; 1998 made a number of comments and recommendations
regarding tr�c, grading, drainage and utilities, easements and trail location.
Kellogg's subsequent letter of February 13, 1998 regarding the revised plans
� noted a number of minor engineering matters in regards to drainage system
design, which will be addressed in the construction plan review process prior to
issuance of a building permit.
9. Wallace Case, Landscape ArchitectlPlanner with DSU, Inc. in his letter of
� January 23, 1998 made a number of comments regarding the proposed site plan
and landscaping, which comments were taken into account in the City's review
of this application.
10. Applicants' development of the proposed site plan is dependent upon completion
of the vacation of a portion of Navarre Lane as originally agreed to by the City
via Resolution #3830 on January 13, 1997.
. . 11. Surface drainage from this site will riot have any impact on adjacent properties
as all surface runoff will be directed to a retention pond to the rear of the site.
12. The property abuts the LR-1C Single Family Lakeshore Residential Zoning
District to the north and east. Adjacent and neazby property owners were legally
notified of the public hearing for this project and were given� opportunity to
speak at that hearing.
� . .Pa e 4 of 11
. g
� o�
� � o � o ,
��b. - CITY of ORONO
� � � .
'�' RESOLUTION OF THE CITY COUNCIL
� ��`9$E p4�'G � NO. 4 0 � � � .
� SH
13. The site is topographically difficult to develop and will require significant filling
and grading to accommodate the proposed improvements. The proposed site
grading plans have been reviewed by staff, the City Engineer, the Planning
Commission and the City Council and have been found to be generally
appropriate for development of this site, subject to adjustments to be made via
a final grading plan which will have to be approved by the City prior to
issuance of a building permit.
14. . Structural coverage on the site is proposed at 14%, meeting the 15% limitation
' ��� on lot coverage by structures:
15. The property has a unique shape and is a 'through' lot, abutting Olive Avenue
to the rear and Shadywood Road (County Road 19) on the front. The orientation
of the building is toward Shadywood Road, minimizing any commercial
� � appearance or activity as viewed from Olive Avenue.
16. The variance to allow a parking setback of 5' along the front lot line where a
20' setback is normally required, is justified by the unique shape and topography
of the site and the need to provide certain amenities for the development. The
combination of front parking and driving lane needs; minimum functional depth
of building; drive-thru exit lane and rear building delivery access; retaining wall
design and location as well as screening needs; and the location and design of
the stormwater retention pond, result in the need to allow encroachment of the
parking lot to within 5 feet of the front lot line in order to accommodate the
above noted features and concerns within the boundaries of the site, without
creating the need for other variances.
17. The proposed hardcover variance is mitigated to a great extent by the fact that
all surface runoff from the site will be directed to a stormwater retention
(NURP) pond designed to enhance the quality of runoff waters prior to their
discharge from the site. The magnitude of hardcover variance is further justified
by the fact that less than 1 percent of the City's shoreland areas are devoted to
commercial uses, hence the overall impact of the excess hardcover created by
commercial uses is relatively minor, especially when such impacts are mitigated
by stormwater treatment facilities.
� Pa e5of11
g
� }
� O�
• O O
��b. - C ITY of ORONO
� ' F
� G'�' RESOLUTION OF THE CITY COUNCIL .
. � . L�kESH�g'� . NO. _,!� � � � �
18. The proposed site plan, landscape plan and building design incorporate features
and elements which make this development appropriate for the B-5 District,
especially in relation to its adjacency to an existing residential neighborhood.
Such features and elements include orientation of the building toward
Shadywood Road with no vehicular access to the site from Olive Avenue or
Navarre Lane, eliminating neighborhood traffic concerns; su�cient setback and
vegetative buffering along the Olive Avenue boundary and the northerly
' boundary of the site; facade materials and design of a subdued character with
. design elements to break up the look of a long roofline, and consistent styling
�� carried around all sides of the building; creation of a pedestrian pathway through
' the site to allow the neighborhood easy access to the Navarre business area; and
� other features.
19. The Council finds that the proposed cedar-shake-over-brick facade proposed is
� acceptable per Zoning Code Section 10.45 Subd. 6G(le).
20. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicant and the effect of the proposed variances on the health, safety
and welfare of the community.
21. The Council finds that the conditions existing on this property are peculiar to
it and do not apply generally to other property in this zoning district; that
granting the requested variances would not adversely affect traffic conditions,
light, air nor pose a fire hazard or other danger to neighboring properties, would
not merely serve as a convenience to the applicant, but is necessary to alleviate
. a demonstrable �hardship or difficulty; is necessary to preserve.a substantial
. � property right of the applicant; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Orono hereby approves the commercial site plan, building elevations and landscape plan
� Pa e6of11
g
, s '
r . �
� O I
� O O
��b. - C ITY of ORONO
� ' ti
'�' RESOLUTION OF THE CITY COUNCIL
���kE H�g'�G NO. �
. � S
referenced above and approves the variances as requested based on the unique findings and
hardships noted above; and approves the City's issuing a building permit for the proposed
commercial/retail/office/bank building to Orono Development, LLC subject to the following
conditions:
1. Upon application for a building permit, applicant shall provide the following
information for the review by the City Engineer:
A. Plans and specifications for service line connections, proposed new
. hydrants if any, etc. As-built plans shall be provided to the City upon
completion. The Public Works Department shall review any potential
problems associated with additional cover placed over existing water or
sewer mains, especially in conjunction with the vacated portions of
Navarre Lane, and applicant shall be responsible for making adjustments
. � of City sewer and water lines, manholes, etc. in a permanent manner
acceptable to the Public Works Department.
B. Final grading, drainage and erosion control plan showing existing and
proposed contours, building locations, elevations, stormwater pond and �
erosion control measures to be used during construction. Plans must
include additional detail on the pond outlet structure which currently is�
not acceptable as a permanent installation. Final stormwater retention
pond plans shall be submitted, and must include information regarding
the method of sealing the pond bottom. Storm sewer calculations must
be provided, and revisions to the plans completed per the City Engineer's
February 13 comments. Applicant shall provide confirmation as to
. � ' whether gutter runoff from Shadywood Road will be entering the site and
� � if so, that it will be adequately handled. A buildin�nermit cannot be �
issued until the Minnehaha Creek Watershed District has a�nrovT ed the
stormwater �lans.
C. Engineering details and design must be provided for the proposed
retaining wall. Due to steep slopes along the north boundary of the site .
and north boundary of the pond, additional retaining walls may be
required to result in slopes no greater than 3:1 to allow for landscaping
� viability.
Page 7 of 11
, , ,
� O ' V
. O O '
��b� - CITY of ORONO
� ' ti
'�' RESOLUTION OF THE CITY COUNCIL
. ���kE H�4�� . NO. ,� O � ei ,
� S
2. Upon commencement of building construction on the site, the City council will
take formal action to vacate the portion of Navarre Lane as provided in City
Council Resolution #3830. Applicant shall upon said vacation grant to the City
utility and drainage easements over the entire width of right-of-way being
vacated. Upon said vacation, applicant shall take a11 necessary action to legally
combine the vacated roadway with the property. .
� 3. � The sidewalk connection to Olive Avenue as shown on the approved site plan
. � shall be constructed and maintained permanently by applicant/properry owner to
�' � provide pedestrian access through the site between Shadywood Road and Olive
Avenue. Applicant sha11 grant to the City the following easements:
a. A 10' wide trail easement over the portion of said sidewalk located
between the front facade of the building and Olive Avenue.
� . b. A trail easement 10' in width along the easterly boundary of the
property abutting Navarre Lane.
It is the intent of the City that although the City is being granted such
easements, the walkway within applicant's property shall be maintained by the
� property owner, not the City. All upkeep, 'maintenance and snow removal
activity sha11 be the responsibility of the property owner.
4. The parking lot shall be paved with concrete curb and gutter, driving lanes within
� parking lot shall have a 9-ton pavement section for trucks. A geotechnical
evaluation of the soil shall be done in conjunction with the pavement design.
� 5.� Applicants' architect shall submit final development plans to the Metro Council
Environmental Services to determine the exact number of SAC units to be
charged at the time of the issuance of a building permit. The City will also
determine if additional Sewer and Water Unit Adjustment Charges and/or system
upgrade connection charges will be required for the new development, to be paid
by applicant prior to issuance of the building permit.
6. Appropriate traffic and parking signage shall be installed subject to the Orono
� staff and City Engineer's review. Signage and cross hatching of crosswalk for
the pedestrian walkway crossing of the drive-thru lane exit at the north end of
the building will be required. Fire lanes shall be designated during the building
plan review process and identified appropriately.
Page 8 of 11 � ,
4 ,
. � O�
• O O
��b. - CITY of ORONO
� �
'�' RESOLUTION OF THE CITY COUNCIL
��`9k'E pg'�� � NO.
� SH .
7. The landscape areas as shown on the above referenced site plan shall consist of
grass wherever feasible and shall adhere to the above referenced Revised
Landscape Plan dated 2/2/98 in regards to planting species, sizes and locations.
Landscaping plan shall include placement of a minimum 6" depth of topsoil over
all areas to be vegetated. Applicant shall permanently maintain all landscape
areas as originally approved.
8. Site frontage for commercial signage,calculation will be limited to the frontage
along Shadywood Road, being 381 feet in•length. Signage for this site shall be
regulated by the provisions of Zoning Code'Section 10.61, Subd. 1, Subd. 3(A)
and Subd. 3(D). No commercial signage will be allowed along the facade of the
building facing Olive Avenue except as minimally needed to identify service
entrances to buildings, and as needed for the bank drive-thru.
� 9. Final lighting plan shall be subject to City staff approval and shall locate lighting
so as to direct lights away from the adjacent residential neighborhood.
10. No business shall have its primary entrance through the rear (Olive Avenue side)
of the building.
11. No formal approval for reciprocal parking agreements between this property and
adjacent commercial properties has been requested or approved for this site.
12. Erosion control shall adhere to "Best Management Practices for Protecting Water
Quality in Urban Areas". All erosion controls as required by the City shall be
in place prio"r to commencing excavation on the si�e. . The stormwater, pond
construction shall be substantially completed and functional prior to construction
of building footings.
13. A Developer's Agreement shall be executed by the applicant to assure that all
required site improvements as shown on approved site plan will be completed
to the City's satisfaction. The City Engineer has provided a preliminary estimate
of the cost of site improvements at $169,100. This amount does not include the
cost of landscaping and plantings, which shall be in addition to the preliminary
�
Page 9 of 11
� . , ;
r' � .
� O�
. O O
��b. - CITY of ORONO
� ' ti
'�' RESOLUTION OF THE CITY COUNCIL
��`9kESH�g'�G� � NO. ,t� � � �_
estimated amount. Applicant shall provide an estimate of the cost of landscaping
and plantings, which amount shall be added to the site improvement estimate. '
A Letter of Credit in an amount 150% of the final combined estimate
shall accompany the Developers Agreement.
14. Prior to issuance of a building permit, applicant shall provide suitable evidence
of property ownership.
15. Authorities granted by this resolution run with the properly not with the owners,
but are permissive only and must be exercised by ,obtaining a building
permit within one year of the date of Council's approval, or the special '
conditions of this resolution will expire on that date (March 6, 1999).
16. Violation of or non-compliance with any of the terms and conditions of this
� resolution shall� constitute a violation of the Zoning Code, shall automatically
terminate any authority granted herein, and shall be punishable as a misdemeanor.
17. T'he undersigned applicants have read, understood 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 Orono City Council on this 9th day of March, 1998.
ATTEST:
�
,� U.�-2' ��
Linda S. Vee, City Clerk Gabri Jabbour, Mayo
G. ,.u'. SN,.� G���]( _
Property Owner(sS V ��.,�
� � Pa e 10 of 11
g
� • . �t
� O�
• O O
��b. - CITY of ORONO
� ' ti
�� �,'�' RESOLUTION OF THE CITY COUNCIL
� �`�kEsHOg'� � NO. � t(1 �. �
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 9th day of March, �
1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a
Minnesota municipal corporation, and said instrument was executed on behalf of the City.
�,...::.; y,�- :
�i"°� JAMIE L.GEMAR
d'�' 7 NOTARY PUBLfC-MINNESOTA � L�)
; � : : HENNEPIN COUNTY
�-�•••° My Commission Expires Jan.31,200o Not Public '
STATE OF MINNESOTA ) �
) ss.
� COUNTY OF HENNEPIN )
On this r`�` � day of ' 1998 before me a Notary Public
within and for said county, personally appeared C � ' . G� ��y�,�,
known to me to be�the person(s) described in and who executed the foregoing ins rument, and
acknowledged that he(they) executed the same as his (their) free act and deed.
°�'"`• JAMIE L.GEMAR '
��� NOTARY PUBUGMINNESOTA G�'�J
S`'MM`�4• HENNEPIN COUNTY NOT Y PUBLIC
MY�missian Expires Jan.31,2Q00
�•�4.
STATE OF MINNESOTA ) .
) ss. ,
COUNTY OF HENNEPIN ) . �
On this � day of �!���� , 99 be re me Notary Public
within and for said county, personally a peared �z2�� ��
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he(they) executed the same as his (their) free act and deed.
rsw•- NY f,?.Lt=r i�CAA�R"� n ��/'
� ���,;' Nofr.;y.^�yr,l..�tJ�tzs»� ( . `f/ -
.�
.��,"�:s. t:cr;.•�4r.cxx,e,.�� �� PUBLIC
:,�'��� r:yticr'ti:c�:n:�;.,"osJa:: ,.... •
7��` �
=.���
NY F.F.CPP'cGAARD
Notorl/AubAe�to
_ Page 11 of 11 �,,,r,a�,�,�, .
WM Co rnrdwor►Oc�ro�.ta131,2000