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Home My WebLink About#4270-variances/CUP-1999 • 51red /O CITY of ORONO y_o* t' RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING VARIANCES AND A CONDITIONAL USE PERMIT AMENDMENT TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISIONS 3 AND 5,AND A CONDITIONAL USE PERMIT FOR LAND ALTERATION,SECTION 10.03,SUBD. 19-21 FILE NO. 2471 WHEREAS,Orono Independent School District#278 (hereinafter the "applicant") is owner of the property located at 795 Old Crystal Bay Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A attached, Hennepin County,Minnesota(hereinafter the "property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 15, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS,the applicant has applied to the City for a variance and a conditional use permit amendment to Municipal Zoning Code Section 10.28, Subdivisions 3 and 5 to permit improvements to the existing parking lot by adding a bus staging area and student parking area with 88 spaces to be located 40' from the front property line where 50' is required. The improvements require a conditional use permit amendment to change the high school campus. The construction of a stormwater management pond north of the parking lot improvements requires a conditional use permit for land alteration. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDLNGS 1. This application was reviewed as Zoning File#2471,along with the proposed Middle School at 800 Old Crystal Bay Road. 2. The property is located in the RR-1B Zoning District where 2 acres is the minimum lot area. Page 1 of 6 f?. 0:- (70 0 tCITY of ORONO ,,,N.„........._ ..4 $, ,.., 71s, ' V ��ti RESOLUTION OF THE CITY COUNCIL 9kESH04 NO. I 3. The Planning Commission reviewed this application on March 15, 1999 and recommended approval on a vote of 6 to 0. 4. The Planning Commission made the following findings of fact: A. The proposed improvements to the parking lot will increase the amount of parking for students and provide a safer ingress and egress for buses and vehicular traffic by separating the buses from the passenger vehicles and by changing the driveway curb cuts to be perpendicular to Old Crystal Bay Road. B. The reduced setback, from 50' to 40' will not detract from the surrounding area, the school campus, or interfere with safe travel on Old Crystal Bay Road. C. The large amounts of parking area will require landscaping to reduce their visual impact. Pedestrian circulation shall be controlled and crossing points limited to minimize vehicular conflicts and reduce turf maintenance in the island. D. Construction of the stormwater management pond north of the parking area and the grading for the paved areas require a land alteration permit. The amount of land to be moved,graded or filled is 14,000 cubic yards. The Minnehaha Creek Watershed District(MCWD)has jurisdiction over the wetland areas and will review and approve the grading and drainage plan. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties, would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty;is necessary to preserve a substantial property right of the applicant;and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 6 . , . . '.47.- O _. � O (z.v .,4 ,e CITY of ORONO , , ..s. k‘14,, t G'ti RESOLUTION OF THE CITY COUNCIL 9kESH04' NO. 4 1) 6. The City Council finds that granting a conditional use permit amendment to permit changes to the existing parking lot by adding a bus staging area and student parking area 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 property,nor will its use depreciate surrounding 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grants a front yard setback variance, a conditional use permit amendment for changes to the high school campus and a conditional use permit for land alteration per Municipal Zoning Code Section 10.28, Subdivisions 3 and 5, and Section 10.03, Subd. 19-21,to permit construction of a student parking lot and circulation plan improvements as shown on the plans prepared by Wold Architects, dated February 17, 1999. Approval was subject to the following conditions: 1. The parking area shall be landscaped in accordance with a Master Landscape Plan for the school campus to reduce their visual impact. The applicant shall provide a Master Landscape Plan that includes the following: A. Planting fourteen(14)new(2 and 1/2 inch caliper) shade trees and machine moving ten(10) (6 to 8 inch)ash trees to locations between the new parking lots and the High School. The shade trees are to be spaced 40' to 50' apart. The existing landscaping in the boulevards and around the school will remain. B. The site removal plan indicates relocating approximately eighteen (18) deciduous and evergreen trees (4-10 inches). C. The plan shall include planting additional trees along the west side of the new front walk, the new islands east of the gymnasium, along the w a 1 k north of the new event parking lot and around the new drainage pond. Additional shade trees should be planted 50' apart along the west sickofthe new walk, in the pedestrian and parking islands, and along the north side of Page 3 of 6 . . ç;o ..j: ,� CITY of ORONO C) RESOLUTION OF THE CITY COUNCIL t9 4�4' NO. 4 2 0 Es the event lot. Groupings of evergreen trees should also be planted in the area to the northwest and west of the event lot, and a few groups or clusters of overstory and understory trees should be located around the new drainage basin. D. The Master Landscape Plan shall include trees with good fall color and good winter interest. The plan shall clarify the areas to be seeded and sodded. 2: The District recognizes the City reserves the right to review and approve the landscape plan. 3. The applicant shall provide a lighting plan. The lighting plan shall identify the number and type of lighting fixtures not to exceed 35' in height. The cutoff angle of the light shall not radiate the direct source of light beyond the school property. Glare and light trespass shall be prohibited. No uplight shall be produced. The parking lot light standards in the interior of the parking lot shall be located in landscaped parking islands. 4. The applicant shall provide a final parking lot design plan that identifies handicap access across the island and the placement of accessible ramps. The maximum slope of the parking lot shall not exceed the slope shown on the survey and site plan dated February 17, 1999 not to exceed 5%. The City Engineer shall review and approve the final plans. 5. The applicant shall provide drainage easements across the stormwater management plan. 6. The applicant shall obtain a land alteration permit from the City and all applicable permits from the MC`VD. 7. The applicant shall ensure that erosion control will be provided wherever needed until the vegetative cover in the disturbed areas has been fully and finally restored. 8. The City of Orono's approval of the conditional use permit, and the terms and conditions expressed within this resolution is subject to review for a period of four (4)years from adoption of this resolution. Page 4 of 6 CITY of ORONO , 6-,- RESOLUTION OF THE CITY COUNCIL 9. Authorities granted by this resolution run with the property not with the owner,but are permissive only and must be exercised by application for a building permit within one year of the date of Council's approval,or the special conditions of this resolution will expire on that date (April 12,2000). 10. 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. 11. 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 12th day of April, 1999. ATTEST: ,X-77.&& Linda S. Vee, City Clerk Gab 'el Jabbour,Mayor i -rty Owner(s) Page 5 of 6 fii?:0.-- 4--- /0 OCITY of ORONO • ir1 ,r)..1"." � '� RESOLUTION OF THE CITY COUNCIL ______ KkEsxoly NO. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of April, 1999 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrume w._ - - uted on behalf of the City. rz MARY ANN JOHNSON :fir_ NOTARY PUBLIC•MINNESOTA -1/7a/4 &k'� aduz—P71---- Notary ;,,;; My Canrnission Expires Jan.31,200.5 P lic f STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) 7 e oG On this .2-5 th day of A-p ,q; 1 ,J-99' ,before me a Notary Public within and for said County,personally appeared r s7cIR t.Q U'ce de be n C I"*Pc o 12 cnr c n it �,e eFeijl Sc-460/ known to me to be the person(s) described in and who executed the foregoing instrument, and pt`,t, v - acknowledged that he (they) executed the same as his (their)free act and deed. 2 7 , MARY ANN JOHNSON til /`/�' • % NOTARY PUBLIC•MINNESOTA Notary Public ..1...,`• My Gamibsion Expires Jan.31,2005 1 STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) On this day of , 199 , 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 6 of 6 'c Exhibit A East 430 feet of that part of Northeast 1/4 of Southwest 1/4 lying South of County Road No. 6 and Southeast 1/4 of Southwest 1/4 except North 66 feet of West 66 feet thereof also except roads, Section 28, Township 118, Range 23. Page 6A of 6