Chair Thiesse and Planning Commission Members Dour Reeder, Interim City Administrator. Jeremy Barnhart, Community Development Director

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1 Date Application Received: April 18, 2017 Date Application Considered as Complete: April 18, Day Review Period Expires: June 18, 2017 To: From: Chair Thiesse and Planning Commission Members Dour Reeder, Interim City Administrator Jeremy Barnhart, Community Development Director Date: May 15, 2017 Subject: # , Orono Public Schools, 2687 Wayzata Blvd, Conditional Use Permit Public Hearing Application Summary: The applicant is requesting a Conditional Use Permit to convert the existing building to Transportation Operations, and storage, under the Trucking operations, but not distribution centers conditional use in the I 1 industrial zoning district. Staff Recommendation: Planning Department Staff recommends approval of the Conditional Use Permit, subject to the following conditions: 1. No bus washing improvements are permitted without a CUP amendment as bus washing improvements will impact SAC rates and possible other fees. 2. All repair must occur interior to the building. No major repair (engineer overhauls, body work, etc.) 3. The fuel island shall be located in the side or rear yard; the Fire Chief must approve final location. 4. 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. 5. Fire and Building Codes shall be preserved. Background The school district plans to purchase the building at 2687 Wayzata Blvd and convert it into bus operations center and storage. The bus operations will include a small office, restroom, and small maintenance area for minor bus repair, as well as indoor bus parking for 18 buses. Also indoors will include 5,000 sq ft of storage for the school district, primarily supplies and equipment. Outdoor bus storage would include 15 buses and vans to be located along the east property line. Additional exterior improvements include above ground fuel tanks (propane and diesel) to the front of the building. Landscaping and pine trees are also proposed along the front of the building. A formal landscaping plan has not yet been developed. No additions to the building are proposed. The Orono bus garage is currently located in Long Lake, at 505 Tamarack Avenue in Long Lake.

2 FILE # May 15, 2017 Page 2 of 5 LOT ANALYSIS WORKSHEET Section Setbacks: INDUSTRIAL DISTRICT Required Proposed Front Rear Side Side Section Lot Area/Width: I DISTRICT Lot Area Lot Width Required 40,000 s.f. (.918 acres) 200 Actual 89,216 s.f. (2.05 acres) 228 The lot is a conforming lot, and the structure meets all applicable setbacks. Applicable Regulations: Sec Conditional uses. (a) General provisions. Within the I Industrial District, no structure or land shall be used for one or more of the following uses without approval of a conditional use permit. The following are conditional uses in the I Industrial District: (1) Open and outdoor storage as an accessory use, provide that: a. The open storage area is screened and landscaped from adjacent residential uses and public right of way. b. The open outdoor storage area is surfaced with concrete or bituminous. c. The open outdoor storage area shall not be within any front yard or side yard abutting a public right of way. The open outdoor storage shall be setback five feet from all side and rear lot lines and shall not be located within a utility or drainage easement. d. The open outdoor storage area shall not utilize any required off street parking, loading areas, or access space. e. The open outdoor storage area shall not be used for storage of hazardous liquids, solids, gases, or wastes. f. The property owner shall keep all outdoor storage areas free of refuse, trash, debris, weeds, and waste fill. (2) Commercial and public radio and television transmitting antennas, and public utility microwave antennas. (3) Commercial, private, and public satellite dish transmitting or receiving antennas in excess of two meters in diameter. (4) Accessory, enclosed service activity other than allowed by a permitted use within the I Industrial District. (5) Day care centers. (6) Trucking operations, but not distribution centers.

3 FILE # May 15, 2017 Page 3 of 5 (7) Trade schools. (8) Warehouse conversion to mini storage. (9) Wholesale showrooms. (10) Deferment of parking. (b) Required conditions and policies of a conditional use permit. The burden of proof demonstrating compliance with the following criteria shall be the responsibility of the applicant. In determining whether to approve or deny a conditional use permit, the city council and planning commission shall find that the conditional use permit complies with the following criteria: (1) Comprehensive plan. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official comprehensive plan of the city. (2) Compatibility. The proposed use is compatible with adjacent present and future anticipated land uses. (3) Performance standards. The proposed use conforms with all applicable performance standards contained in this division. (4) No depreciation in value. The proposed use will not tend to or actually depreciate the area in which it is proposed. (5) Nuisance. Nuisance characteristics generated by the use will not have an adverse effect upon existing and future development in adjacent areas. (6) Economic return. The use will provide an economic return to the community and be commensurate with other industrial uses for which the property could feasibly be used. In considering the economic return to the city, the planning commission and city council may give weight to the sociological impact of proposed use, both positive and negative. The applicant has provided a narrative, describing the use. The applicant should be asked for additional testimony regarding the required conditions and policies of a conditional use permit, item1 6 above. Applicable Regulation: Conditional Use Permit (Section ) 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 Planning Commission should determine if the conditions are satisfied. If the Planning Commission and Council feel the listed use is not similar to bus garage, they should deny the application. 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

4 FILE # May 15, 2017 Page 4 of 5 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 washbay 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 polished appearance, and storage areas are screened from view. The Commission should determine if the proposed use of the exterior spaces is consistent with the surrounding area. 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. 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 Commission should determine if 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. This plan should include grasses, shrubbery, and trees, and an undulating berm between 2 5 feet, and be approved by staff. 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. Staff believes this criteria to be met.

5 FILE # May 15, 2017 Page 5 of 5 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. Conditional Use Permit Analysis Bus garages are not a listed permitted or conditional use, but seem similar to Trucking, but not distribution. The implication here is to avoid large warehouses that require frequent deliveries to and from. If the Commission and Council disagree with staff s interpretation, they should deny the Conditional Use Permit application. The bus garage traffic will be highest in the morning (6:30 through 9:15) and early afternoon (2 4:30) as part of the school pick up and return process. No students will come to the bus garage. These hours also align with the AM rush, the result may limit the ability to make a left turn out of the driveway, though no traffic study has been requested. Wayzata Blvd plans show a median break, there does not appear to be room to accommodate turning lanes. The biggest issue seems to be parking of the buses outdoors (screening) and the fuel island. Staff does not view vehicle parking as outdoor storage, but does have a concern with yellow buses visible from the street and the residential/ commercial properties to the north. It is suggested a berm and landscaping be installed, this is preferable to a fence as fences tend to degrade over time. The Planning Commission should discuss location options and possible berming and screening with the applicant. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in an appropriate manner reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the CUP, if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose additional conditions in order to mitigate the impacts created by the granting of the requested use. 4. Are there any other issues or concerns with this application? List of Exhibits Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Application Narrative Proposed Site Plan Area Map Property Owners List and Map

6 PC Exhibit A

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8 PC Exhibit B

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10 PC Exhibit C Propane / Fuel Fill Station Employee Parking Added Landscaping 6 Pine trees to match current landscaping BUS PARKING

11 Hennepin County Property Map PC Exhibit D Date: 5/11/ inch = 100 feet PARCEL ID: Comments: OWNER NAME: Long Lake Properties Llc PARCEL ADDRESS: 2687 Wayzata Blvd W, Orono MN PARCEL AREA: 2.05 acres, 89,216 sq ft A-T-B: Abstract SALE PRICE: $1,285,000 SALE DATA: 10/2006 SALE CODE: Warranty Deed ASSESSED 2016, PAYABLE 2017 PROPERTY TYPE: Industrial-Preferred HOMESTEAD: Non-Homestead MARKET VALUE: $1,010,000 TAX TOTAL: $33, ASSESSED 2017, PAYABLE 2018 PROPERTY TYPE: Industrial-preferred HOMESTEAD: Non-homestead MARKET VALUE: $1,027,000 This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COP YRIGHT HENNEPIN COUNTY 2017

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STAFF REPORT. About percent depending on how much is added in the outdoor storage area (max allowed where storm sewer exists is 90 percent).

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