Chair Thiesse and Planning Commission Members Doug Reeder, Interim City Administrator. Mike Gaffron, Senior Planner. Date: March 20, 2017

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Item 6 Date Application Received: 2/21/17 Date Application Considered as Complete: 2/27/17 60-Day Review Period Expires: 4/28/17 To: From: Chair Thiesse and Planning Commission Members Doug Reeder,

1 Item 6 Date Application Received: 2/21/17 Date Application Considered as Complete: 2/27/17 60-Day Review Period Expires: 4/28/17 To: From: Chair Thiesse and Planning Commission Members Doug Reeder, Interim City Administrator Mike Gaffron, Senior Planner Date: March 20, 2017 Subject: # , Lakewest, LLC, 3245 Wayzata Boulevard - Interim Use Permit: Temporary Site Use for Construction Staging - Public Hearing Application Summary: The applicants are requesting that the City approve a permit for interim use of the property at 3245 Wayzata Boulevard for staging of construction activities associated with the County Road 112 (Wayzata Blvd.) Improvement Project expected to begin in This application can only be approved if the companion application for establishment of an Interim Use Ordinance is approved. Staff Recommendation: Planning Department Staff recommends approval of an Interim Use Permit for this site subject to specific conditions. List of Exhibits Exhibit A. Application Exhibit B. Preliminary Site Plan and Proposed Use Narrative Exhibit C. Public Works Director Comments Exhibit D. Fire Chief Comments Exhibit E. MCWD Permit Exhibit F. Hennepin County DOT Permit Exhibit G. Plat Map Exhibit H. Property Owners List Background The applicants received preliminary plat approval for a 27-lot residential development of the property at 3245 Wayzata Boulevard in July Pending more favorable market conditions, they have chosen to not proceed immediately with the residential development. However, they have requested to be able to allow temporary use of the site as a staging, storage and materials recycling yard for the upcoming CR 112 (Wayzata Blvd) improvement project. The highway improvement project, under the auspices of Hennepin County, is being done in phases, and could take up to 4-5 years for completion. Staff for the last few months has been receiving inquiries from contractors searching for a staging area for the highway project. There appear to be few suitable options. This site would appear to score high marks in terms of such a use:

2 # Wayzata Blvd. March 20, 2017 Page 2 Item #06 - PC Agenda - 03/20/ It is open and relatively flat; - It has good accessibility to Wayzata Boulevard; - It is large enough for the intended activities; - It is relatively remote from nearby residential development (700 to home to the NE across Wayzata Blvd., from any homes to the SW across the freeway, so that the potential negative impacts such as noise, vibration, glare, dust, etc. should be minimal as compared to most other locations within the Wayzata Boulevard corridor. Interim Use Permit Conditions Under the assumption that an Interim Use ordinance is adopted, and an Interim Uses listing is added to the RR-1B District standards which includes the proposed use (potentially listed as Construction staging, materials and equipment storage and materials recycling ), it is anticipated that a list of required conditions for the use at any location will also be listed, such as: A minimum separation distance from nearby residential structures or lot lines Minimum lot size Requirements for site and adjacent road maintenance, and traffic control measures Allowed only for government sponsored public improvement projects Additional site-specific conditions should also be considered in approving the proposed construction staging use. Planning Commission should review the applicants narrative describing the intended activities to be occurring on the site. The portion of the site proposed for construction staging at 3245 Wayzata Boulevard is primarily over the closed landfill area of the property. The landfill has been closed for many years and is relatively open and flat. Layers of clean fill over the landfill were added by the former owner in order to establish a suitable cap for the landfill and assure appropriate runoff characteristics. The current owners have had borings done in the landfill area in order to determine the stability and extent of the landfill as well as what materials might be encountered if a future phase of residential development is ever proposed. This information was obtained as part of their 2016 residential development proposal. It should be noted that the area which gained preliminary approval for residential development is not within the proposed temporary staging area. The proposed site use plan (Exhibit B) indicates the proposed rock construction entrance to be located where the approved future residential access would be located. This access point has been approved by Hennepin County as a temporary construction access (see Exhibit F). The Minnehaha Creek Watershed District has approved an Erosion Control Permit for the construction staging activity (see Exhibit E). The Long Lake Fire Chief has indicated no issues with use of the site for construction staging. Orono Public Work Director Adam Edwards has indicated this location is likely as good a location as the contractor will find for construction staging (see Exhibits C & D). The site plan suggests that temporary lighting will likely be employed, and it is likely that to minimize impact on traffic flow, some work on the highway improvements will be at night. It would be appropriate to establish that any temporary lighting be downcast and directed away from residential areas.

3 # Wayzata Blvd. March 20, 2017 Page 3 Item #06 - PC Agenda - 03/20/2017 The 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. The City will require a grading plan be approved for this, and it potentially will require a Conditional Use Permit based on the volume of permanent fill material. The applicants narrative suggests that this site might be used as a recycling yard for projects other than just the Wayzata Boulevard improvements (see Narrative). This could put a different slant on how the site is intended to be used. The applicants should describe what is actually intended, and how the contractor or Hennepin County expect to operate this site. Will materials from other projects outside Orono be brought onto the site and not used for Wayzata Blvd. purposes? Will materials from the Wayzata Blvd. project be recycled and head out to other projects not in Orono? Is it the City s expectation that this site is intended to be in use exclusively for the Wayzata Blvd. project and not as a regional recycling yard for other projects? We do not want this industriallevel use at this site to become a regional activity, and we want it to have a definite end date commensurate with the end of the Wayzata Boulevard improvements. Public Comments No comments for or against the proposal have been received to date. Issues for Consideration - Does Planning Commission have any specific concerns with the location of this site for the proposed use? - Does Planning Commission have any specific concerns with the level or type of activity that is likely to be associated with the proposed use? Is the use intended to be specific to the Wayzata Boulevard improvements, or is it intended for other projects? - Does Planning Commission have any specific concerns with regard to the duration of the proposed use is the date of completion of the Wayzata Boulevard improvements a suitable termination date for the activity, or should it be further limited, such as requiring an annual review and/or annual approval of an extension? - Are there any other issues or concerns with this application? Staff Recommendation If Planning Commission concludes that this site is appropriate for the proposed use, staff would recommend that an Interim Use Permit be issued subject to at least the following conditions: 1. Establish an end date of the use to be no later than completion of the Wayzata Boulevard improvements. 2. Use of the site is intended solely for activities related to the Wayzata Boulevard improvement project and may not be used to support other projects. 3. Use of the site shall be subject to Orono Code standards with regard to noise, lighting, dust control, street maintenance, etc. 4. Appropriate permits to be obtained from Hennepin County, Minnehaha Creek Watershed District, MPCA, and any other agencies or governing authorities as may be required for activities on the site.

4 # Wayzata Blvd. March 20, 2017 Page 4 Item #06 - PC Agenda - 03/20/2017 5, Construction of a proposed permanent screening berm along the south and southwesterly boundaries of the site will require conditional use permit application and approval. 6. An annual review of the interim use permit shall be conducted to determine whether the use remains acceptable during the duration of the Wayzata Boulevard improvement project. 7. Any other conditions that Planning Commission and Council determine should be included.