HomeMy WebLinkAbout#4547-CUP/denying CUP-2000 �
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'�' RESOLUTION OF THE CITY COUNCIL
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A RESOLUTiON GRANTING A CONDITIONAL 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
MUNICIPAL ZONING CODE SECTION 10.28,SUBD.3
AND DENYING A CONDITIONAL USE PERMIT
PER SECTION 10.75, SUBDIVISION 1
FILE #2616
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WH�REAS,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.£
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 ,.�a�id Lots 2 and 3 and the West 89 feet of Lots 4 and 5 in Block 3;Markville,
Hennepin County,Minnesota; and�
WHEREAS, 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 246,004 sq. ft. or 5.65 acres.
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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 azea, 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 schooi is to be provided by two driveways from North -
Shore Drive. An access permit is required to be approved by Hennepin County.
11. 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 property
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.
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13. Trees are proposed to be planted along the east property 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 property 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 area from the Hill School property. Construction 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
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property values and that the proposed level of use of the property 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 welfaze 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 property located at 2240 North Shore Drive as an arts school,per Section 10.28,
Subd. 3 and 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 pazking 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 sha11 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 ta 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.
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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 pazking 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 azeas 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 sepazate 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.
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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 area 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).
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RESOLUTION OF THE CITY COUNCIL
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�U: 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.
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:
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in a S. Vee, City Clerk Gab 1 Jabbour,Mayo �
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• 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.
7��--�--+�-�--Q �d��
���E Notary Public
NOTARY PUBLIC-N6NNES�TA
Mp Cpnrr�eelon ExpNs�,Nui.31�Z006
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 2�� day of �- ��n�'"� , 20C�/ before me a Notary Public within
and for said county,personally appeazed Rt�x 4����- • �l e��n, C,�e c u-f�►�-_ d r���*ak
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.
RA�CIiEl000�E "
NO�ARYPtJltJC-�� ��.c�_-�-a� .
��pp�JM�,�1.� [,�ne.C'�_
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 appeazed
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
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