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HomeMy WebLinkAboutResolution 6771Doc No Al 04601 Q8 Certified, filed and/or recorded on Jul 10, 2017 4:30 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 21 Pkg ID 1573556M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6777 A RESOLUTION DENYING AN INTERIM USE PERMIT FOR ROAD CONSTRUCTION STAGING AND MATERIAL STORAGE AND RECYCLING USE PER THE PROVISIONS OF ORONO ZONING CODE SECTION 78421 AT 3245 WAYZATA BOULEVARD FILE NO. 17-3910 WHEREAS, LAKEWEST, LLC a Minnesota limited liability company (hereinafter "the Owner") represented by Curt Fretham, is Owner of the property located at 3245 Wayzata Boulevard within the City of Orono (hereinafter the "City"), identified as Hennepin County PINS 32-118-23 14 0002, and legally described as: Exhibit A (attached) (hereinafter the "Property"); and WHEREAS, the Owner has made application to the City of Orono for an Interim Use Permit (hereinafter "IUP") to allow the operation of a temporary facility for construction staging, materials and equipment storage, and materials recycling use on the Property, primarily in support of the Wayzata Boulevard Improvement Project being conducted by Hennepin County; and WHEREAS, within the RR -113 One -family Rural Residential Zoning District in which the Property is located, "Temporary facilities for construction staging, materials and equipment storage, and materials recycling" may be allowed as an Interim Use, when such facilities are associated with adjacent public road construction or reconstruction projects in the City of Orono, subject to the provisions of Orono Zoning Code Section 78-421. Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File 17-3910. 2. 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. Page 1 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 7 7 1 3. The Property is zoned RRA B One -family Rural Residential District requiring a minimum lot area of 2.00 acres and a minimum lot width of 200 feet. The Property is approximately 26 acres in area of which approximately 13 acres is wetland and approximately 10 acres is a closed landfill. 4. The Property and an adjacent parcel are the subject of City of Orono Resolution No. 6655 which grants preliminary plat approval for a 27 -lot single family residential development within the adjacent parcel and within a portion of the Property. 5. The site plan suggests that temporary lighting may be employed, and it is possible that to minimize impact on traffic flow, some work on the highway improvements may be at night. It would be appropriate to establish that any temporary lighting be downcast and directed away from residential areas. 6. The submitted site plan indicates a proposed visual and noise -screening berm along the west and south boundaries of the site. Applicant is working with the MPCA to establish parameters and obtain permits for this berm, which will become an amenity for future residential development, but has not received the necessary permits. The applicants' narrative suggests that this site might be used as a recycling yard for projects other than just the Wayzata Boulevard improvements. 8. Review per Zoning Code Section 78-916. The Interim Use standards require that an IUP request be considered with respect to the Conditional Use Permit (CUP) standards of Zoning Code Section 78-916. Following is an analysis of the requested IUP in relation to those standards. Council's findings following each criterion are shown in bold italics. Conditional Use Permit Analysis Conditional use permit approval shall be granted only when the following criteria are met: (1) The proposed Interim Use is consistent with the Community Management Plan(CMP). The proposed temporary use is commerciatindustrial in nature and such use is inconsistent with the CMP guiding for this residential neighborhood and the RR -1B Zoning District. (2) The proposed use is compliant with the zoning code, including any conditions imposed on specific uses as required by Article V, Division 3 of the City Code. The proposed temporary use is compliant with the zoning standards established for this interim use. Article V Division 3 does not address the specific construction staging use proposed (3) Adequately served by police, fire, roads, and stormwater management. The Page 2 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6771 NO. proposed temporary use is anticipated to be adequately served by existing services and facilities (4) Provided with an adequate water supply and sewage disposal system. The needs for water supply and sewage disposal will be provided by the operators of the site, as municipal sewer and water are not currently available. (5) Not expected to generate excessive demand for public services at public cost. No excessive public services or public costs are anticipated based on the proposed temporary use. Any costs of monitoring the site for compliance will be charged back to the applicant. (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 area is guided for residential development. To the east, an active commercial apple orchard exists. The owners of this orchard have expressed concern with dust and contaminants into their Orchard. The applicant has failed to provide evidence that these concerns can be mitigated (7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan. The proposed temporary use is bordered on the south, west and north by arterial roadways The temporary use is not consistent with the character of the surrounding area as the area is dominated by rural and passive uses (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. Material storage is inconsistent with buildings and site improvements surrounding the site, as they are rural residential uses (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. Neighboring property owners have expressed concerns regarding the potential for air, water and noise pollution associated with the construction staging and materials storage and recycling temporary uses The applicant has failed to demonstrate how the noise from rock crushing activities will be mitigated or addressed to ensure the activities will not disrupt neighboring properties (10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses. The applicant has not shown to the satisfaction of the City Council that dust and other potential Page 3 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 7 7 1 contaminants can be effectively mitigated (11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means. The applicant has not provided evidence that the vibration, dust, and general unsightliness concerns are sufficiently mitigated (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 only access to the temporary use will be from a single entrance to County Road 112. There are no local streets which would be impacted by traffic from the temporary use, and no local streets would experience parking impacts as a result of the use. Truck traffic associated with the temporary use is anticipated to be almost entirely on Wayzata Boulevard which is a Hennepin County arterial road (13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact. The use of the property is independent of the natural resources (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. The applicant did not provide a lighting photometric plan to verify impact on adjacent public rights of way, which are heavily traveled roads (15) Not detrimental to the public health, public safety, or general welfare. The applicant has failed to demonstrate that the dust will not negatively impact health, safety, and general welfare. 9. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed interim use permit on the health, safety and welfare of the community. 10. The City Council finds that the Applicants' request would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby denies the Interim Use Permit pursuant to Orono Municipal Zoning Code Sections 78-421 to allow the operation of a temporary facility for construction staging, materials and equipment storage, and materials recycling use on the Property. Page 4 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6771 NO. Adopted by the Orono City Council on the 26th day of .Tune , 2017. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Page 5 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6771 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY LEGAL DESCRIPTION OF PREMISES: Government Lot 1, Section 32, Township 118, Range 23, Hennepin County, Minnesota, lying south of U.S. H'ghway No. 12 described as follows: Commencing at the point of intersection of the South line of U.S. Highway No. 12 with the East line of said Section 32; thence South along said East line 393.24 feet; thence West at right angles 418 feet: thence deflecting right 90 degrees 392.02 feet to the South line of U.S. Highway No. 12 at a point 418 feet West of the point of beginning; thence East 418 fent to the point of beginning. ALSO the East 418 feet of that part of said Lot 1 which lies between the South line of U.S. Highway No. 12 and the center line of said Highway. ALSO commencing at a point in the East line of Governtnent Lot 1 in Section 32, Township 118 North, Range 23 West of the 5th Principal Meridian, distant 393.24 feet South along said line of the South line of State Highway No. 12; thence at right angles West from said East line 418 feet; thence at right angles North 392.02 feet to the South line of said Highway and thence continuing North to the original center line of said Highway, thence West along said original center line of said Highway to the West line of said Lot 1; thence South along said West line to the Northerly line of the right of way of the Great Northern Railway Company, thence Southeasterly along said right of way line to the East line of said Lot 1; thence North to the point of beginning EXCEPT Parcel 11 of Minnesota Department of Transportation Right of Way Plat No. 27-130. Page 6 of 6