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Home My WebLink About#5505-commercial site plan approval-2006 0�S4a CITY Of ORONO RESOLUTION OF THE CITY COUNCIL •kESI404� NO. I h A RESOLUTION GRANTING COMMERCIAL SITE PLAN APPROVAL AND A CONDITIONAL USE PERMIT AND APPROVING THE ISSUANCE OF BUILDING PERMITS FOR CRYSTAL BAY BUSINESS CENTER FOR RYAN COMPANIES US, INC FILE NO. 06-3208 WHEREAS, Ryan Companies US, Inc. (a Minnesota corporation), (hereinafter the "applicant") on May 17, 2006 filed a commercial site plan application with the City of Orono (hereinafter the "City") for property legally described as Lots 1, 2, 3 and 4 Block 1 Van Dale Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant on May 17, 2006 filed a conditional use pen-nit application with the City per City Code Section 78-826(A)(9) for a portion of the property to be known as Lot 1 Block 1 Crystal Bay Business Center to allow the building on this lot to have 50 to 60% burnished block and 40 to 50% rock face block (hereinafter "alternative materials"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et, seq. and the City of Orono's Zoning and Subdivision Codes, the Orono Planning Conunission held a public hearing on July 17, 2006, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the City Council has reviewed the recommendations of staff, Planriing Commission, and City Engineer as well as the comments by the applicant, the applicant's representatives, and the public, and hereby makes the following findings in regard to these applications: 1, These applications were reviewed as Zoning File #06-3208. The property is located in the I, Irndustrial Zoning District; ��hich requires a minimum lot area of 40,000 square feet. The applicant's properly is four lots, each of which is larger than 40,000 square feet. Page 1 of 5 � I CIJL� x' of ORONO RESOLU71ON OF THE CITY COUNCIL SK04� N0. 550 9 3. The Planning Commission reviewed these applications on July 17, 2006 and recommended approval of th commercial site plan review and conditional use permit. 4. The proposal complies with the i tent and standards of the Industrial zoning district. 5. The proposed development and onditional use permit would not be detrimental to the health, safety an welfare of the community. 6. The proposed location of the buil ing with the alternative materials is in accord with the objectives of the oning Regulations and the purposes of the Industrial zoning district; and 7. The building with the alternative materials would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. CONCLUSIONS, ORDER AND CONDITIONS NOW THEREFORE BE IT RESOLVED, that based on the findings noted > Q � g above, the City Council of the City of Orono hereby approves the commercial site plan application and conditional use permit for alternative building materials and approves the City's issuance of building permits for the proposed buildings, subject to the following conditions: 1. Council approval is based on,;the project plans drawn by RLK, Inc., dated May 17, 2006 and revised I ugust 4, 2006. Any changes to the project plans may require further PI ming Commission and City Council review, 2. The filing of the plat of C stal Bay Business Center shall occur prior to issuance of permits for any ite improvements or building construction. 3. The applicant shall provide Ithe City a set of project plans revised to reflect a 60 foot right of way for t e new public street. P�ge 2 of 5 CIT ®f ORONO RESOLUTION OF THE CITY COUNCIL ESI�0 No. 5 5 0 5 4. Before the first new building is occu ied the drainage from the existing parking lot onto property in the Orono dustrial Park subdivision shall be redirected to remain within the Appl cant's property until it enters the drainage system. 5. The new shoulder and re-striping of Old Crystal Bay Road shall be completed before the first new building is occupied. 6. The conditional use permit for outdoor(storage (#01-2612) shall be revised to relocate the outdoor storage prior t construction of the new street or issuance of a building permit for Lot 1 lock 1. 7. The applicant shall execute a Develop is Agreement for construction of the on-site improvements as set forth t erein. This Developer's Agreement shall define site access required durin construction. (This Developer's Agreement and the Developer's Agre ment for the plat of.Crystal Bay Business Center shall be combined into one agreement.) 8. No land alterations shall take place until erosion control is established and a building, demolition or land alteration permit has been issued. No improvements shall begin until the appropriate permit has been issued. A Letter of Credit must accompany the b ilding permit application written to 125% of the City Engineer's estim ed cost of the proposed on-site improvements for that lot and any re u'red improvements on other lots within the subdivision. 9. Authorities granted by this resolution un with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for construction of on of the new buildings within one year of filing of the final plat and perm is for construction of the other two new buildings within five years of the issuance of the permit for the first building. 10. Violation of or non-compliance with 4ny of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authorit y granted herein, and shall be punishable as a misdemeatnor. Pa--e of 5 CIT ®f ORONO ti RESOLUT ON OF THE CITY COUNCIL L`9kESI;0 N 5 50 5 11. The undersigned applicant has read, un erstands and hereby agrees to the terns of this resolution and on behalf of the applicant, its successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on thel lthl day of September, 2006. ATTEST: P I Al .VI_ 144 Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Ryan Companies , Inc It's:`e1, STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 'r day of 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. •�.��.ter,..��.�-�-�-.�-� s' .• '' •',' 1-RACHEL DODGE - n1 �us�� Notary Public r,• MINNESOTA pres Jan.31,2010 Pace 4 of CITof ORONO ti RESOLUT ON OF THE CITY COUNCIL N . 5 50 5 STATE OF MINNESOTA COUNTY OF HENNEPIN f` Pa•�" The foregoing instrument was acknowledged, before me on this ,,. day of 2006 by Linda S. Vee, City Clerk of t e City of Orono, a Minnesota municipal corporation and said instniment was execute on behalf of the City. rs, RACHEL DODGE •':,i"t : r._..i' �' �`_.-C c�. ° ': lJOTAP.Y PUBLIC 4AINNESOTA Notary Pub is 4A?Commission Expires Jan.31,2010 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this r_s day of I') r 2006 by ','{, ;5c ` ' a>6..� of Ryan Companies US Inc t.;'i` 1.•19;i , _7-. 4 I::f'l.' a _4=: i Lt f 7 a Minnesota corporation, on behalf of Ryan Companies US, Inc. r DEN'SE M. LESKINEN Nota Public PdOTAF2Y PUBLIC-MINNESOTA " ; Ftg Commission Expires Jan,31,2010