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Home My WebLink About#5505-site plan/CUP-2006 . Li 50 0 la CruNal 8o Li d . --c.t, 0,41- „ , = - CITY of ORONO . '�bb ,� fIA 'Al I10 '' 0� RESOLUTION OF THE CITY COUNCIL L`9kEst8�4� NO. 5 5 0 5 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 conunercial 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 permit 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 Commission 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, Planning 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, Industrial Zoning District, which requires a minimum lot area of 40,000 square feet. The applicant's property is four lots, each of which is larger than 40,000 square feet. Page 1 of 5 ®fir :$1'V C(;:: \,, 0 CITY of ORONO ti . ; I �' . G L � RESOLUTION OF THE CITY COUNCIL N0. 550 { `gkES8.�4 3. The Planning Commission reviewed these applications on July 17, 2006 and recommended approval of the commercial site plan review and conditional use permit. 4. The proposal complies with the intent and standards of the Industrial zoning district. 5. The proposed development and conditional use permit would not be detrimental to the health, safety and welfare of the community. 6. The proposed location of the building with the alternative materials is in accord with the objectives of the Zoning 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 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 August 4, 2006. Any changes to the project plans may require further Planning Commission and City Council review. 2. The filing of the plat of Crystal Bay Business Center shah occur prior to issuance of permits for any site improvements or building construction. 3. The applicant shall provide the City a set of project plans revised to reflect a 60 foot right of way for the new public street, Page 2 of 5 f; ---citt)--0-11 --;,1'\9....,,e- t( . =. 9�s e- CITYofORONO ,tL ; *4.1 '.1: ,1G RESOLUTION OF THE CITY COUNCIL �kESH�4 NO. 5 5 0 5 4. Before the first new building is occupied the drainage from the existing parking lot onto property in the Orono Industrial Park subdivision shall be redirected to remain within the Applicant'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 to construction of the new street or issuance of a building permit for Lot 1 Block 1. 7. The applicant shall execute a Developer's Agreement for construction of the on-site improvements as set forth therein. This Developer's Agreement shall define site access required during construction. (This Developer's Agreement and the Developer's Agreement 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 building permit application written to 125% of the City Engineer's estimated cost of the proposed on-site improvements for that lot and any required improvements on other lots within the subdivision. 9. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for construction of one of the new buildings within one year of filing of the final plat and permits 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 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. Page 3 of 5 # 1::---) C1,,,V �c,„ .. CITY of OR :I- I., , , (. �,�' G~ RESOLUTION OF THE CITY COUNCIL 4kESHOg� NO. 5 5 0 F 11. The undersigned applicant has read, understands and hereby agrees to the terms 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 lth day of September, 2006. ATTEST: ', ( 72 J,11' , At; Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Ryan Companies,L-T-g,Inc By:V •rY.....'Aor- It's:\);te. r-S c STATE OF MINNESOTA COUNTY OF HENNEPIN err The foregoing instrument was acknowledged before me on this _ 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. • 41r-7?',. .17;fir, RACHEL DODGE Not aryt Public', ie,- -)T A`Y POLIC 't p: .1,:,-,,31,2010 Page 4 of 5 .. .:?"-. 0-.4i \< ,- vr,. .0 �'.: CITY of ORONO ,�, 67 r .. �, ,1 o~ RESOLUTION OF THE CITY COUNCIL 4kESI304 NO. 5 5 0 5 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this '' day of ' . of e.tl.A. , 2006 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. i ' '" '. RACHEL DODGE L S NOTARY PUBI-IC-MINNESOTA Notary Public ,;..,, .:',.-.1 t .,k my Commission Expires Jan.31,2010 i",,,: ....._•=o`er-..=: �e 17<icr •%c.;.::s- STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of '}::i' , 2006 by , i,:•; Li A P,,)! ,v I i, , i , ..c... i i,M c+,a%:,a of Ryan Companies US, Inc, a Minnesota corporation, on behalf of Ryan Companies US, Inc. ( ..�..<,.✓ u�:-... . -......a-,-, -.rir r DENISE M. LESKINEN ti Notary Public !.i)TARY PUBLIC-MINNESOTA ' ' y iP' F4 Cornmission Expires Jan.31,2010 lk