HomeMy WebLinkAboutResolution 4269 O O
CITY of ORONO
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A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR A MIDDLE SCHOOL AT 800 OLD CRYSTAL BAY ROAD NORTH
FOR ORONO INDEPENDENT SCHOOL DISTRICT #278
PER MUNICIPAL ZONING CODE
SECTION 10.28, SUED. 3 AND SECTION 10.03, SUBDS. 19-21,
AND A VARIANCE PER SECTION 10.28, SUBD. 5 (A)
FILE #2471
WHEREAS, Orono Independent School District#278, (hereinafter "the applicant")
on February 17, 1999,filed an application for a conditional use permit to allow construction of a new
middle school to serve 675 students in grades 6-8 and for land alteration to grade/fill with 14,000
cubic yards of fill; and a variance to permit the school building to be 42' in height where 30' is
allowed for property located at 800 Old Crystal Bay Road North within the City of Orono
(hereinafter " City") and legally described as:
Lots 1 and 2, Block 1; Outlot A, and Lots 1 and 2, Block 2, Orono School Expansion,
Hennepin County, Minnesota; and
WHEREAS, the applicant has applied to the City of Orono for a conditional use
permit to construct a new 2-story building with a 76,000 sq. ft. footprint and approximately 118,000
sq. ft. of floor area for a new middle school serving 675 students in grades 6-8 per Section 10.28,
Subd. 3, and to allow land alteration of the site by moving,grading or filling requiring approximately
14,000 cubic yards of fill per Section 10.03, Subd. 19-21; and a variance to Section 10.28, Subd. 5
(A) to permit a school building to be 42' in height where 30' is allowed.
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 March 15, 1999,
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 April 12, 1999, the Orono City Council
considered the application noting the following findings of fact:
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FINDINGS:
1. This application was reviewed as Zoning File#2471.
2. The property is located in the RR-1B, One Family Rural Residential District.
3. The property contains 2,238,631 sq. ft. or 51.3919 acres.
4. The Orono Comprehensive Plan land use map designates this area as "Rural
Residential" adjacent to "Institutional". The parcel is also designated as being
located in urban service area and is within the Metropolitan Urban Service Area
(MUSA).
5. Schools are a conditional use in the RR-1B Zoning District. The proposed middle
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 middle school is approximately 76,000 sq. ft.footprint and 118,000 sq.
ft. of floor area in a two story building. The building height is 32-42' above grade
where 2 1/2 stories or 30' is the maximum allowed building height.
7. The proposed middle school plan includes athletic fields as an accessory use.
8. The Zoning Code requires schools to provide 1 parking space for every 7 students
and 1 additional space for every 3 classrooms. The Zoning Code requires a
minimum of 96 parking spaces for the number of students and an additional 30
parking spaces for classrooms. The minimum parking requirement is 126 spaces.
The proposed plan provides 121 spaces and 5 additional handicapped spaces for a
total of 126 spaces. The amount of parking proposed meets the minimum parking
requirements for a middle school in the RR-1B Zoning District.
9. The proposed school plan provides a bus staging area for 25 school buses. This area
can accommodate an additional 100 parking spaces when not used for bus parking.
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,. CITY of ORONO
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10. The Zoning Code requires 2 loading berths, one 25' in length and one 50' in length.
The proposed plan provides a loading berth in the service area and a drop-off/loading
area for students and small truck deliveries. The proposed plan meets the intent of
the Zoning Code regarding loading berths.
11. The topography of the site is relatively flat with numerous non Orono protected
wetlands. The elevation changes from 1,034'at the southwest corner to 1,000' in the
wetland areas. The Zoning Code requires a 26' wetland setback.
12. The proposed plan includes grading and filling for construction of the middle school
and play fields. A stormwater management pond is required. Approximately .902
acres of wetland will be filled. A land alteration permit is required to grade/fill
approximately 14,000 cubic yards. The Minnehaha Creek Watershed District
(MCWD)has jurisdiction over these wetlands and will require review and approval
of the grading and filling in or near the non Orono wetlands.
13. Sanitary sewer and City water will be extended to the site.
14. Access to the proposed middle school is to be provided by two driveways from Old
Crystal Bay Road North.
15. The new middle school complex will be on the east side of Old Crystal Bay Road
North across the road from the high school complex. This will result in increased
pedestrian crossing of Old Crystal Bay Road.
16. The City Council fords that granting a conditional use permit to allow land alteration
and a new middle 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
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.
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17. 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
the Orono Middle School, 800 Old Crystal Bay Road North, per Section 10.28, Subd. 3 and per
Section 10.03, Subd. 19-21; and a variance to Section 10.28, Subd. 5 (A) to permit a 42' school
building where 30' is normally allowed, per the plans dated February 17, 1999, subject to the
following conditions:
CONCLUSIONS, ORDER AND CONDITIONS
1. The number of enrolled students attending the middle school shall not exceed 675
students in grades 6-8. Any increase in the number of students or the grades served
shall require an amendment to the conditional use permit, because the number of
students is used to determine required parking.
2. The number of parking spaces provided shall be a minimum of 121 parking spaces
with 5 handicapped spaces for a total number of 126 spaces. The parking spaces
shall measure at least 9' x 20'. The handicapped spaces shall measure at least
10'x20'. The parking area shall not be reduced per the plans dated February 17, 1999.
Any reduction or change in the configuration of the parking area, including the bus
staging area shall require an amendment to the conditional use permit. Any change
to the number or age of students served shall require a review by the City Engineer
of the parking and circulation plan and may require an amendment to the conditional
use permit.
The parking areas shall be developed with the majority of the areas not to exceed a
4% slope and a small portion of the area in front of the middle school building not
to exceed 5% slope. The front parking lot area shall include landscaped islands to
reduce the visual impact of the paved areas. The interior light fixtures shall be
located in islands for safety purposes.
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CITY of ORONO
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3. The athletic and play fields shall be considered accessory uses to the middle school.
The athletic and play fields shall not be illuminated. The applicant shall not be
required to fence the athletic play fields. The City of Orono reserves the right to
review the need to fence the play fields,when the residentially-zoned property to the
east develops.
4. 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.
5. The proposed building is a two story building with a 76,000 sq. ft. footprint and
approximately 118,000 sq. ft. of floor area as shown in the plans dated February 17,
1999. 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.
6. 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 35'
in height. The cutoff angle of the light shall not radiate light beyond the school
property. Glare and light trespass shall be prohibited. No uplight shall be produced.
The light fixtures in the parking areas shall be located in islands.
7. The City of Orono's approval of the conditional use permit, and the terms and
conditions expressed within this resolution is subject to review four(4)years from
adoption of this resolution.
8. The Zoning Code requires a landscaping plan with planting schedule. The applicant
shall provide a landscape plan that is subject to review and approval by the City. The
plan shall include:
A. 30 new shade trees(2 and 1/2" caliper)to be planted along Old Crystal Bay
Road, both vehicular entrances, and at the east end of the event lot. These
shade trees are to be spaced 40' -50' apart.
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B. 12 Spring Snow Crabapple trees and 105 evergreen shrubs to be planted at
the two entrances.
C. Shade trees(2 and 1/2" caliper) are be planted along the west drop off from
the southern cross walk to the northern building entrance,in the large parking
island, along the western edge of the parking lot and drive and along the
northern drop off walk. The City has the right to require additional plantings.
D. Shade,ornamental and evergreen trees shall be planted in groupings around
the new pond,wetland, and along the walk around the school.
E. Two (2)trees to be planted in the parking islands.
F. The Landscape Master Plan with a planting schedule may be phased over
several years. The plant palette shall include trees with good fall color and
winter interest. The plant schedule shall include overstory trees with fall
color and understory trees with seasonal interest. The plan shall also clarify
the areas to be seeded or sodded and clarify wetland plantings and/or
restoration. The City has the right to require additional plantings if the City
determines the plantings provided are not sufficient.
PLANS REQUIRED PRIOR TO BUILDING PERMIT APPROVAL:
9. A pedestrian crossing shall be provided at the south access. Signing, striping and a
lighting plan for the crossing shall be submitted prior to building permit approval.
The plan shall note the methods that will be used to discourage pedestrian crossing
at the north access.
10. Based on increased pedestrian crossings from the proposed improvements,a flashing
warning light system or traffic signal shall be provided at the south access pedestrian
crossing. The type of system to be installed will be dependent on conformance with
the warrants for school pedestrian crossings listed in the latest edition of the manual
of Uniform Traffic Control Devices.
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The applicant shall be responsible for completing a traffic signal warrant study in
conformance with the standards listed in the latest edition of the manual on Uniform
Traffic Control Devices to determine if the installation of a traffic signal is warranted
at the pedestrian crossing. The warrant study shall be subject to the review and
approval of the City Engineer.
If a signal is warranted, the applicant shall be responsible for the full cost for the
design and installation of the signal. The design and installation of the traffic signal
shall be subject to the review and approval of the City Engineer.
If the warrants for a traffic signal are not met,the applicant shall be responsible for
the full cost for the design and installation of a flashing yellow light warning system
at the crosswalk. This system shall have provisions for both pedestrian activation
and a scheduled time of day activation. The design and installation of the traffic
signal shall be subject to the review and approval of the City Engineer.
A certificate of occupancy will not be issued for any of the planned improvements
until a City approved traffic warning system is installed.
If the signal warrants are not met at this time,the City reserves the right to complete
future warrant analysis if traffic or pedestrian crossing conditions change. The
applicant shall be responsible for notifying the City of any changes in pedestrian
crossing conditions.
If any future warrant studies show that signal warrants are met,the applicant shall be
responsible for the full cost of designing and installing a traffic signal subject to
review and approval of the City Engineer. In the event that the applicant does not
install a future warranted signal within a reasonable time period after completion of
the warrant analysis,the City reserves the right to complete the signal installation and
assess the applicant for the cost of the improvements.
Upon City Engineer approval of the installation of either a flashing light or traffic
signal system at the pedestrian crossing, the City will own and operate the system.
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11. Applicant shall provide geotechnical recommendations and pavement design prior
to building permit approval.
12. Applicant shall provide the sanitary final design to be approved by the City Engineer.
All sanitary and storm sewer manholes and catch basins shall have an exterior sealing
sleeve as manufactured by Infi-Shield or approved equal. The sanitary sewer shall
have 18 inches of clearance below the water main at all sanitary sewer/water main
crossings. All sanitary sewer manholes and castings shall be in accordance with City
standards.
13. Applicant shall provide detailed installation information regarding the water main
crossing to be approved by the City Engineer. All 12-inch valves shall be butterfly
valves and detail included in the plan set. All hydrants shall be 50' minimum from
the exterior walls of the building.
14. Applicant shall provide a revised storm sewer plan that includes catch basins at all
four access locations. All storm sewer shall be reinforced concrete pipe. The
minimum pipe size for a storm sewer structure with more than 2 leads is 15 inches.
Rip rap shall be provided at all storm sewer inlets and outlets. All flared ends shall
have trash guards.
15. Applicant shall provide a drainage area map with storm sewer and ponding
calculations.
16. Applicant shall provide outlet structure details.
17. Lighting plan, including cut sheets of the lighting poles and fixtures indicating
their color, appearance, height, footcandles, and cutoff angle.
LEGAL DOCUMENTS REQUIRED PRIOR TO ISSUANCE OF A CERTIFICATE OF
OCCUPANCY
18. Signed and executed drainage easements shall be provided across all ponding areas
and drainage ways.
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19. Signed and executed flowage and conservation easements shall be provided across
all designated wetlands.
20. Signed and executed permanent and temporary easements shall be provided for the
Hennepin Park trail to be constructed in the summer of 1999.
LEGAL DOCUMENTS REQUIRED PRIOR TO BUILDING PERMIT APPROVAL:
21. A 20'utility easement shall be provided for future water main extension to the east,
centered on a line parallel to and 30' south of the south edge of the soccer field. The
easement area should extend from the 12" water main easterly to the east lot line of
the property.
22. Proof of lot combination of the separate tax parcels.
23. Signed and executed developer's agreement.
24. Letter of credit for 150% of the cost of landscaping as determined by the City
Engineer.
25. The City shall provide a certified resolution vacating easements over Outlot A.
PERMITS REQUIRED PRIOR TO CONSTRUCTION:
26. Applicant shall submit plans to the Minnehaha Creek Watershed District and receive
appropriate permits for grading and filling in and around the wetlands and drainage
areas.
27. Applicant shall obtain a land alteration permit to move 14,000 cubic yards of fill.
ACTIONS REQUIRED PRIOR TO CONSTRUCTION:
28. Erosion control shall be in place prior to any grading or construction activities.
Erosion control shall be inspected and approved by the City prior to grading or
construction.
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29. Trees or woods to remain shall be protected and preserved. The root zones are to be
fenced. Any damage to trees to be moved or preserved is to be treated in an
appropriate and timely manner by a trained arborist.
FEES TO BE PAID PRIOR TO BUILDING PERMIT APPROVAL:
30. Application fee for land alteration permit.
31. Sewer and water connection charges; $9,310 per unit.
32. Sewer Availability Charges; $1,050 per unit.
TERMS:
33. 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 (April 12, 2000).
34. 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.
35. 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:
711-
Linda S. Vee, City Cler. Gab 1 Jabbour, Mayor
,perry Owner(s)
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STATE OF MINNESOTA )
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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&City Clerk of the City of Orono,a Minnesota municipal
corporation and said instrument was executed on behalf of the City.
'siii;g. MARY ANN JOHNSON �,1y,J
• -.;°' NOTARY PUBLIC-MINNESOTA
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_ MyCam>baion Expires Jan.31,2005 NO ublic
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
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On this 2S— day of /7r.-/ , _before me a Notary Public within
and for said county, personally appeared /I(i 144 (/g, de 14 4 t , e le'K, &toe.�n%vt°,t n,nr er 5-'0„,„..,73,s-
known to me to be the person(s) described in and who executed the foregoing instrument, and t ) 2 cr—
acknowledged that he (they) executed the same as his (their) free act and deed.
iy
' -/!/�'i !:i�i�._i1.1!_/Ili.%�✓!_/� //
;_ LINDA S.VEE ��vn�
y ,=C�, NOTARY PUBIJC-MINNESOTA Notary Public
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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
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