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Home My WebLink AboutResolution 6769IIIIIIIIIIIIIIIINIRIIINIIIIINIIIIRIIDoc No Al 0480015 Certified, filed and/or recorded on Sep 5, 2017 4:30 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 30 Document Recording Fee Document Total This cover sheet is now a permanent part of the recorded document. Pkg ID 1597767M $46.00 $46.00 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 7 6 9 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 ("Applicant[s]"), 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 from 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. A ,\ �ESHV: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6769 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 7 6 9 Staff suggests that a berm/ screen plan be developed to shield the buses from the road, and the fuel island be located to the rear or side of the building. 8) Compatible with the character of buildings and site improvements 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 is to occur indoors. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 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. A EST: CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6769 Exhibit A Legal Description EAST 230.5 FEET OF WEST 890.5 FEET OF THAT PART OF SOUTH 1/2 OF NORTHEAST 1/4 LYING NORTH OF SOUTH 883.83 THEREOF EXCEPT ROAD PIN: 33-118-23-13-0002