HomeMy WebLinkAbout#1397-CUP-1982 City of ORONO
RESOLUTION OF THE CITY COUNCIL
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NO. 1397
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ORONO A RESOLUTION APPROVING A CONDITIONAL USE PERMIT
AND SEWER SERVICE FOR THE NEW LIFE BIBLE CHURCH
TO PERMIT THE CONSTRUCTION OF A CHURCH ON A
PROPERTY LEGALLY DESCRIBED AS LOT 2, CRYSTAL CREST
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WHEREAS, the City of Orono is a municipal ,corporation organized
and existing under the laws of the State of Minnesota; and
WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq.
the City Council of the City of Orono has adopted zoning regulations for
the protection of the public health, safety and general welfare; and
WHEREAS, pursuant to Ordinance 34.022, John A. Quam, of the New
Life Bible Church, hereinafter referred to as the applicant, has applied
for a conditional use permit to allow the construction of a church pn an
8 acre site legally described as Lot 2, Crystal Crest, hereinafter referred
to as the property; and
WHEREAS, on June 28, 1982, Council conceptually approved sewer
service for the proposed church building based upon the unique circumstances
involving this particular property; and
WHEREAS, the City Council has reviewed the application, the
recommendations of staff and the Planning Commission and the written and
oral comments of the applicant.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Orono hereby approves a conditional use permit for the New Life Bible
Church and a special exception to CMP Rural Sewage Treatment Policy No. 7
to allow connection of the Church to the municipal sanitary sewer system
based on one or more of the following findings of fact:
Findings related to Conditional Use Permit per Ordinance 34.022.
1 - The property is located within the RR-1B zoning district
and totals 8 •acres in area.
2 - All proposed structures meet the required 50 foot setback
from all property lines.
3 - The master plan, for the property shows all future additions
to the principal structure as meeting the required 50
foot setback.
4 - The first phase of construction will include a structure
136 ' x 72 ' containing an assembly/gymnasium room,
offices, kitchen and classrooms.
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(111 • . city of ORONO
RESOLUTION OF THE CITY COUNCIL
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NO. 1397
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ORONO
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5 - At this approval time all uses proposed by the church
appear consistent with Ordinance 34.022 and the intent
of the RR-1B, Rural Residential Zoning District.
6 - Per Ordinance 38.305 parking requirements are as follows:
total 372 seats at 1 stall per 4 seats = 93
Site plan revised date July 28, 1982, shows 94.
7 - The parking lot designating 60° angled stalls shows
a minimum driveway aisle width of 17 ' providing a total
north/south width of 112 ' ; minimum north/south width
required is 110 ' .
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8 - Access width of 28' at Old. Crystal Bay Road is consistent
with rural access standards for the City.
9 - The turnaround providing a 48' radius will facilitate
• emergency vehicles.
10 - Per Ordinance 32.430, the applicant has' submitted a total
landscape plan dated June 7, 1982, to be completed by
the year 1984.
11 - A single indentification sign 4 ' x 4 ' will be located
10 ' off Old Crystal Bay Road right of way per site
plan revised date July 28, 1982.
12 - All traffic flow, stop and fire lane sign locations will
be selected by staff to insure optimum level of safety.
13 - The "first stage" church building's needs can be served
by an on site well. The applicant is fully aware that
future, proposed expansions of the church structure will
require a sprinkler system and given the present water
supply system will require a large reserviour/holding
tank on the property.
14 - At some future date when the water capacity in the area
has been increased, the church may petition the City
for service.
15 - The proposed church use is in complete accord with the
intent and objectives of the Orono Zoning Code and
the City' s Comprehensive Land Use Plan.
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City of ORONO
RESOLUTION OF THE CITY COUNCI L
NO. 1397
CUP
ORONO .
16 - The location of the proposed church use in rural 'Orono
and the conditions under which the church will be
operated find the use not to be detrimental to the
public health, safety and welfare. •
17 - The proposed church use will not diminish the surrounding
property values nor be injurious to properties or
improvements in the vicinity.
Findings related tospecial exception to the CMP Rural Sewage
Treatment Policy:
1 - The property is located in the Rural Service Area of
the City.
2 - Rural Sewage Treatment Policy No. 7 provides that municipal
and Ifi'terceptor sewer capacity is not available for
properties in. the Rural Service Area.
3 - The purpose of this and other CMP policies is to preserve
the Rural Service Area for rural land uses; to guide
urban land uses into the Urban Service Area; to prevent
the premature extension of expensive public services
into rural areas; and to conserve urban service capacities
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for areas planned to receive such services.
. 4 - Allowing this particular connection to the sewer will not
foster or promote urban development in the Rural Service
Area because the lot area and proposed use conform to all
applicable RR-1B rural zoning and density standards. The
exact same use could be built on the same lot without
municipal sewer availability.
5 - Allowing this particular connection to the sewer will not
require extension of any urban services into the rural
area because a single sewer stub was provided to this
property as part of the LS-1967-1 project installed
prior to the 1974 designation of this property as "rural" .
No lateral extension is required to serve this proposed
use.
6 - The proposed church facilities (Phase I-372 seats)
require two sewer units of capacity per MWCC formula.
These two units are less than the maximum four residential
units yhich dould be built on this same 8 acre lot under
the RR 1B rural zoning standards. The proposed use may
therefore be less dense than the allowable rural residential
use of the property.
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city of ORONO
RESOLUTION OFTHECITYCOUNCIL
NO. 1397
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7 - Sewer capacity for these 2 units will be available
upon completion of the under-construction Orono-Long Lake-
Medina sewer bypass project. Without construction of
the bypass, no units would have been available. The
additional units of capacity made available by construction
of the bypass were intended to be made available to those
properties originally served and assessed by the 1967
project, which includes this property.
8 - This property was originally part of a larger parcel
(Thies land) which was assessed as part .of the 1967
project for 305.5 ft of sewer lateral and for installation
of one sewer service stub. Upon subdivision of the
Thies land the original and remaining assessments
were respread in the normal and customary fashion.
Based upon physical location and configuration of the
new lots, the church property (now Lot 2, Crystal Crest)
received 300 ft of the sewer lateral assessment and
the one sewer service stub assessment. The remaining
Thies land (Lot 1, Crystal Crest) received the remaining
' nominal 5.5 ft of lateral assessment and no service stub
assessment (there is no stub on new Lot 1) . Therefore
Lot 2 received all the sewer service and 98% of the sewer
assessments provided to the original property in 1967.
9 - The Urban Rural Service Area boundary is drawn and
legally described as the center of Old Crystal Bay
Road in front of this and •adjoining properties which
also received a nominal number of sewer service stubs
in the 1967 project. Even considering these in-place
sewer stubs, all this land was included in the Rural
Area in 1974 and again in the 1980-81 CMP because of the
lack of sewer capacity prior to the Orono-Medina-Long Lake
bypass construction, and because all these lands were in
use solely for non-structural agricultural purposes.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NCI 1397
ORONO
10 - Use of this land as proposed is consistent with Rural
Standards and densities, and can be accomplished without
extension of sewer laterals. It is assumed that if
sewer capacity becomes available for the adjacent properties,
that use of such capacity would most likely require
construction of new sewer laterals in addition to the
existing 1 or 2 service stubs available. Regardless of
any proposed density, no such sewer lateral extension would
be permitted unless the CMP were first to be amended
to include that area within the .Urban Service Area. If
such a CMP amendment is ever considered, then this
property could be included in the amendment and in the
Urban Service Area at that time. However, amending the
CMP at this time for only this. one property is not
justifiable nor is it in keeping with the Intent and •
purpose of ,Orono's long-range planning goals and policies.
11 - Enough land is available to allow construction of a
full-conforming on-site sewage treatment system on
this property to serve the proposed use. Requiring
construction of the on-site system in lieu of connection
to the existing sewer service stub solely because of
• the Rural Service Area designation would not further
the intent and purpose .of Orono's. CMP goals and policies.
12 - Approving the municipal sewer connection for this
proposed use, considering all the facts stated above,
is not adverse to the intent and purpose of Orono's
CMP goals and policies.
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City of ORONO
Q� RESOLUTION OF THE CITY COUNCI L
NO. 1397
ORONO
13) This approval of a Special Exemption to Rural Sewage
Treatment Policy No. 7 shall apply solely to this
• proposed use on this particular parcel of land and
shall not be precedent for Exceptions requested under
• different circumstances . In the future, as in this case,
such Special Exceptions shall only be considered where:
a) The property is already served by an existing
municipal sewer service stub.
b) The property has been previously assessed for
municipal sewer service.
c) Unit capacity is available in the municipal sewer
system for the proposed use.
• d) The maximum number of sewer units to be allowed
does not exceed the maximum number of residential
units allowed on the property based on the minimum
rural residential density of 1 unit per 2 acres
of dry buildable area.
• e) Zoning will remain Rural and all development
- will occur in strict accordance with the Rural
District requirements including use type, lot
size, setbacks, and other performance standards.
• FURTHERMORE, BE IT RESOLVED that based upon the foregoing•
findings, the Orono City Council' s approval of the conditional use permit
application for the New Life Bible Church is subject to the following
conditions:
1) Written consent by Thies to the administrative
respreading of the LS1967-1 assessments, particularly
the assignment of the single service stub assessment
to Lot 2, Crystal Crest.
2) Payment of a sewer connection charge per Section 25.820,
at the time of issuance of the building permit, in the
following amounts:
a) Payment of all outstanding LS1967-1
assessments for Lot 2 as respread following
the Crystal Crest subdivision.
b) Payment of additional "unit" charges from
the LS-1967-1 project:
$59.62 x total units less 1 unit credit as assessed
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1397
CUP
ORONO
Payment of unit availability charges from the
Orono-Medina-Long Lake bypass project:
Total units x cost/unit as determined by
the City Engineer (total cost of bypass project
divided by number of future units made available
by the bypass as established in the 3-City Agreement)
d) The total "units" (MWCC formula) to be charged
shall be not less than the 2 units proposed as
Phase I. Additional units shall be charged now
or in the future if the facility increases in
demand per MWCC formula. The maximum number of
units of capacity available or charged shall be
4 units based upon the actual 8 acre lot area
. and the RR-1B 2 acres/unit zoning density.
3) Landscaping for church property to follow plans and planting
schedule of plans dated June 7, 1982, as approved with- this
application and on file with the City together with a copy
of this resolution.
. . 4) All first stage building and accessory improvements are
approved per site plan revised date July 28, 1982, on
file with the City together with a copy of this resolution.
5) A certificate of occupancy will be issued for the church
building when connection to the municipal sewer system
has been completed.
6) Payment of $75.00 to City for installation of required
stop sign at intersection of Old Crystal Bay Road.
Council further advises the applicant thata new conditional
use permit must be filed with the City ifthere are additions planned
for the church building, an expansion of accessory improvements or
changes in accessory uses.
Adopted by the Orono City Council this 9th day of
August 1982.
SW444vid
William B. Van Nest, Mayor
ATTEST:
.Je,. < j; • .
Alberta M. Strom, City Clerk
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