Loading...
HomeMy WebLinkAboutResolution 4547 � ' > . ��- � O� � O O ��b. - CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL � ��9kE p4��'G � NO. 4 5 4 `� sx A RESOLUTION GRANTING A CONDITIONAI,USE PERMIT TO PERMIT CONSTRUCTION OF AN ARTS SCHOOL ON PROPERTY LOCATED AT 2240 NORTH SHORE DRIVE FOR THE MINNETONKA CENTER FOR THE ARTS PER MiTNICIPAL ZONING CODE SECTION 10.28, SUBD. 3 � AND DENYING A CONDITIONAL USE PERMIT PER SECTION 10.75, SUBDIVISION 1 FILE#2616 WHEREAS,Minnetonka Center for the Arts,(hereinafter "the applicant")on August 28,2000,filed an application for a conditional use permit to allow construction of a new 30,000 s.f. arts center and a conditional use permit to permit the height of the structure to exceed 30' in height for property located at 2240 North Shore Drive within the City of Orono (hereinafter " City") and � legally described as: The South 499 feet of the East 474.5 feet of Government Lot 5 in Section 10,Township 117, Range 23, and Lots 2 and 3 and the West 89 feet of Lots 4 and 5 in Block 3, Markville, Hennepin County, Minnesota; and WH�REAS,after due published and mailed notice in accordance with the City of Orono's Zoning Code, the Orono Planning Commission held a public hearing on September 18, 2000, at which time all persons desiring to be heard concerning this application were given the � opportunity to speak thereon; and WHEREAS, at their regular meeting on October 9, 2000, the Orono City Council considered the application noting the following findings of fact: • FINDINGS: � � 1. This application was reviewed as Zoning File#2616. 2. The property is located in the RR-1B, One Family Rural Residential District. 3. The property contains approximately 246,000 sq. ft. or 5.65 acres. � - Page 1 of 8 r , / /� O� . O O •b. - CITY of ORONO � � . . '� RESOLUTION OF THE CITY COUNCIL ' .��`9?fE p4�'G . . � NO.. 4 5 4 �' SII 4. The Orono 2000-2020 Comprehensive Plan land use map designates this site as "Public/Semi Public" which includes school uses. 5. The art school is a conditional use in the RR-1B Zoning.District. The proposed arts school conforms to the minimum lot area, lot width, and front yard setback. No building is proposed to be located closer than 50'to any lot line. 6. The proposed arts school is approximately 30,000 sq. ft. footprint. 7. The Zoning Code requires Community Centers, Physical Cultural Studios and Museums provide ten parking spaces plus one for each 300 s.f. of usable floor area in excess of 2,000 s.f. The Arts Center has calculated the usable floor area as 21,192 � � s.f. of usable floor area. The site plan indicates the site does contain 74 parking spaces meeting the minimum requirements as established in the Zoning Code. • � 8. The topography of the site is relatively flat. A stormwater management plan has been provided and includes a pond at the northwest corner of the site. All stormwater from the parking areas and building are designed to be directed by storm sewer. 9. Sanitary sewer is available to the site. 10. Access to the proposed arts school is to be�provided by two driveways from�North Shore Drive. An access permit is required to be approved by Hennepin County. 1 l. The existing Arts Center building has been located on the property since 1950 and would remain on the property and in use until such time the new Arts Center is complete and a Certificate of Occupancy is issued by the City of Orono. The . � � building is scheduled to be removed in the Summer of 2002. 12. The proposed west parking area would have two pole mounted lights and the east parking lot would have four of the pole mounted lights. The lights have recessed bulbs that are designed to screen the light source. Other lighting on the properry would be lower level lighting to illuminate the walking areas and a few lights are '` �� located on the building that are for use with special events. • � Page 2 of 8 r , �—_' . � O� , O O b - C ITY of OROND � � � '�' RESOLUTION OF THE CITY COUNCIL , ���ItE HpS�c�'L � NO. � e� �. k� . S . 13. Trees are proposed to be planted along the east properry lines along Briar Street and to screen the property from the residential properties located to the east. Additional trees are to be planted to screen from the residential properties to the north and west. At the Planning Commission meeting,the Arts Center agreed they would be willing to plant a few trees between the adjacent Hill School and the parking lot. � 14. The property is adjacent to the Hill School which uses the tennis court and�has an outdoor area used by the students of the School. The area is immediately adjacent to the proposed east parking area. The use of the lot for parking is a possible safety issue for the neighboring Hill school. Permanent fencing will be constructed along . the properry line between the school and Arts Center to define the property boundary and screen the parking area. � 15. The conditional use permit for the building height to exceed 30' is denied based on the precedent that would be set for non-residential buildings in the City to exceed • , height limitations as design elements to new buildings. 16. The Arts Center has proposed a conditional use permit to permit screening of mechanical equipment requiring a 44.5'screening tower. The tower would be visible to adjacent residential properties and Lake Minnetonka. 17. The Municipal Code permits buildings to have a maximum height of 30' above the natural elevation. 18. It is not required that mechanical equipment be located above a structure. The tower was also proposed as a design element to the building with an Arts Center logo of "MCA"to be placed on the tower. � 19. Temporary fencing will be provided along the property lines to the Hill School to separate the construction azea from the Hill School property. Cons�ruction traffic is limited to access to the southwest entrance. 20. The City Council finds that granting a conditional use permit to continued use of the � property as an arts school will not be detrimental to the health, safety or general welfare of the public,would not adversely affect light, air nor pose a fire hazard or .� other danger to neighboring properties, nor will its use depreciate surrounding • , Page 3 of 8 /�- � � O� . O O ��e. - CITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCIL . ���.ttE Hp4�'G � NO. �$ � 4 `�' S properry values and that the proposed level of use of the properry will be in keeping � with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 21. The City Council has considered this application including the findings and recommendations of the Planning Commission,reports by staff and comments of the applicant and the affect of the proposed use on the health, safety,and welfare of the community. NOW,THEREFORE,BE IT RESOLVED,that based upon one or more findings noted above,the City Council of the City of Orono hereby approves the conditional use permit for continued use of the properiy located at 2240 North Shore Drive as an arts school,per Section 10.28, Subd. 3 ancl denies a conditional use permit to permit the height of the structure to exceed 30' in . height per Section 10.75, Subdivision 1, subject to the following conditions: • � � CONCLUSIONS, ORDER AND CONDITIONS � 1. The number of parking spaces provided shall be a minimum of 74 parking spaces as � shown on the plan dated August 23, 2000 on file with the City of Orono. The parking spaces shall measure at least 9'x 20'. The handicapped spaces shall measure at least 10'x20'. Any reduction or change in the configuration of the parking area shall require an � amendment to the conditional use permit. 2. The Zoning Code allows one(1)nameplate sign with 12 sq.ft. of surface area. The sign height is to be lower than 8'in height and at least 5'from the property line. Any � . signage that is proposed that exceeds the Zoning Code requirements shall require a � variance._ The sign shall be limited to a logo,name and site address. Such sign plan shall be reviewed and approved by the City Council. 3. The proposed building is a two story building with a 30,000 sq. ft. footprint and approximately as shown on the plans dated August 23, 2000. Any changes to the use, intensity of use or size of the building shall require a conditional use permit amendment because the number of parking spaces may need to be increased. � • Page 4 of 8 �_ �� 0� • O O ��6. - � CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL ���kE o��G . . No.� 4 5 4 °� � . _ . SH . Revised plans, indicating removal of the tower shall be approved by the Orono Council prior to issuance of a building permit. � 4. The Zoning Code requires that the lighting not have a direct source of light visible from the right-of-way or adjacent land. The parking area and walkways shall be developed according to the site plan on file with the City of Orono not to exceed 12' in height. The cutoff angle of the light shall not radiate light beyond the property lines. Glare and light trespass shall be prohibited. Lighting plan shall be in conformance with the approved plans on file with the City of Orono. 5. The Landscaping shall be completed in conformance with the plans provided and approved by the City of Orono dated August 23,2000. The types and species have � been identified by the planting schedule provided by the applicant. 6. The driveway access and parking areas shall be constructed to City Standards and are • subject to final approval by the City Engineer. The City Council approves the parking areas to be crushed aggregate material rather than a bituminous surface. All � driveways and the service area shall be bituminous surface. 7. The existing building shall be removed within 60 days of a Certificate of Occupancy being issued for the new building. Asbestos removal shall be completed with appropriate State requirements and permitting. The Arts Center shall be required to notify the City of Orono and adjacent property owners prior to beginning asbestos removaL 8. All construction traffic shall access the property through an entrance located near the southwest corner of the site. Because North Shore Drive is a County Road,a permit shall be obtained from Hennepin County approving access to the property. � 9. Construction traffic shall be limited to a separate entrance so not to interfere with the everyday traffic using the existing building. 10. A fence shall be constructed during the entire construction period to separate the building in use from the new building. . 11. Silt fencing shall be in place prior to and during the construction and grading on the • property. Final erosion control shall be approved by the City Engineer. Page 5 of 8 • S /�. /� O� • O O •6. - CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL 't����E o4�G � . NO. 4 3 � `� . SH 12. An erosion control permit shall be issued by the MCWD prior to any construction activity. 13. All improvements are subject to the applicant enter into a Developer's Agreement and provide a Letter of Credit in the amount of 150%of specified improvement costs associated with the project, including stormwater management and landscaping. PLANS REQUIRED PRIOR TO BUILDING PERMIT APPROVAL: 14. ' Applicant shall provide a drainage azea map with storm sewer and ponding calculations. 15. � Applicant shall provide outlet structure details for the stormwater management pond. 16. Final storm sewer and grading plans shall be reviewed and approved by the City • . Engineer. . 17. Developer's Agreement shall be executed and Letter of Credit shall be provided for 150% of improvement costs to be determined by the City Engineer. LEGAL DOCUMENTS REQUIRED PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY 18. Signed and executed drainage easements shall be provided over the ponding area. TERMS: � � 19. Authorities granted by this resolution are permissive only and must be exercised by • application for a building permit within one year of the date of Council approval or this conditional use permit will expire on that date (October 23, 2001). � . Page 6 of 8 . . . �_ �� O ' v • O O ��b. - � CITY of ORONO � F ��i G'�' RESOLUTION OF THE CITY COUNCIL �`�x'ESKO�`'� � � . rvo. � 4 5 � '�' � � � . iolation 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. 21. The undersigned applicant has read,understood and hereby agrees to the terms of this resolution and on behalf of itself, 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 this 23rd day of October, 2000. ATTEST: � �'�-!�����' U�� " Linda S. Vee, City Clerk Gabrie Jabbour, Mayor � ,,� � �, � � I- / /(i e�.�� �,�� L�c�� c��'� CX d-s� Property Owner(s) . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of October,2000, by Gabriel Jabbour and Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. a�aass . . RACHEt.DODGE Z-�Qcu. �-P ,�vo�� ���'��� Not Public �O�aaM�on�Jm.31�2005 �Y � Page 7 of 8 . . , � �i � O� � O O ��b. - CITY of URONO � � . �� G'�' RESOLUTION OF THE CITY COUNCIL � �9kESH.�4� � � . NO. � 9 � `� . . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 21�day of Feb rcc art , 20o I before me a Notary Public within and for said county,personally appeared oxanne L• 1`-��a-�-�^l , ��e����-°� �e /J��e cl�r known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed." �s R14CI'IEI.DODGE �..,.�J�,�..c1C� ,�Q�(y�.�.., NOfARY PU�IC-1lN+�80RA IA►���s��� Notary Public " � STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) On this day of , 20 before me a Notary Public within and for said county,personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. � � Notary Public . . . � • _ Page 8 of 8