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HomeMy WebLinkAboutRequest for council action-1996 REQUEST FOR COUNCIL ACTION J DATE: October 23, 1996 ITEM NO.: Department Approval: Administrator Reviewed: Agenda Section: Name Jeanne A. Mabusth Zoning Title Building & Zoning Administrator Item Description: #2128 Orono Ice Arena, Inc., 1025 Old Crystal Bay Road North - Conditional Use Permit/Variances - Resolution Zoning District: RR-1B Lot area = 4.4 acres Application Orono Ice Arena, Inc., a non-profit organization, has applied for a conditional use permit per March, 1996 code amendment for an enclosed ice arena on the Orono school property. The application also involves a variance to the required number of parking stalls to support the proposed use, a setback variance for exterior parking lot adjacent to Old Crystal Bay Road and a signage area variance. The applicant has held two information meetings for 21 residents in both January and March at the Orono Council Chambers. The Planning Commission held the public hearing and completed their review on April 15, 1996 (Exhibit U). On October 24, 1996, Met Council completed a comprehensive plan review for the City of Orono approving the realignment of the Metropolitan Urban Service Area that would include the 4.4 acre property. A joint engineering study sponsored by both the cities of Long Lake and Orono has confirmed that there is adequate sewer capacity in the existing sewer lines downstream to serve the proposed use and future sewer project to serve the neighborhoods north of Long Lake. The following ordinances are pertinent for this review: 1. Section 10.20, Subd. 3 (A-1) (Ordinance No. 145, Second Series approved by City Council on March 11, 1996) - Exhibit K. Conditional use permit required for construction of indoor ice arena on Orono school property. Standards of the new code amendment section are reviewed as follows: a. The facility shall be located on the same tax parcel as the principal high school use. Refer to Exhibit W, the school has completed the legal combination application with the City. b. Setbacks for ice arena (review Exhibit FF, amended site plan). Required = 50' West lot line = 50' North lot line = 50' East lot line = 180' South lot line = 180' No variance required. Request for Council Action continued Page 2 October 23, 1996 #2128 Orono Ice Arena, Inc., 1025 Old Crystal Bay Road North c. The ice arena will not be separated from the high school by a public road. d. The facility shall be owned by a non-profit organization under a ground lease and recreational facilities cooperative agreement, Exhibit D-1-29, with the school district. Review Exhibits Z and AA, the Articles of Corporation define the new entity known as Orono Ice Arena, Inc., a non-profit corporation that will maintain Section 501 (c) (3) status. (Refer to Exhibit AA, IRS District Director letter, September 6, 1996). e. Applicant shall demonstrate financial capability to complete construction of facility. Refer to Exhibit EE, applicant has submitted a certificate of costs and sources of funds bringing the total of committed funds and guarantees to $2,600,000.00 or 89.6% meeting the required 80% of proof of financial capability to complete construction. The City Council shall decide how they wish the sources of funds or revenues to be confirmed by applicant. 2. Section 10.61, Subd. 2 (A-3) - Uses permitted as a conditional use permit in a residential zoning district. Such uses are permitted 12 s.f. of signage. Refer to Exhibit BB, applicant proposes signage on both the east and north sides of the building. Letters will be etched into pre-cast panels. The letters will be approximately 18" in height. Each sign is proposed at 38 s.f. Allowed signage area = 12 s.f. Proposed signage = 76 s.f. Variance = 64 s.f. 3. Section 10.61, Subd. 5 (A) - Exterior parking setback variance. a. Front/street setback. Required = 50' Proposed at Old Crystal Bay Road = 19.3' Variance = 30.7' or 61.4% b. Side/rear setback. Required = 10' Proposed at west rear line = 48.3' Proposed at south side lot line = 25.34' No variance required. Request for Council Action continued Page 3 October 23, 1996 #2128 Orono Ice Arena, Inc., 1025 Old Crystal Bay Road North 4. Section 10.61, Subd. 10 - Parking stall variance. Proposed = 800 seats Staff considered two sections of the code: a. Subsection E - Churches, Auditoriums, etc. - One space for each four seats. Required = 200 Proposed = 91 Variance = 109 or 54% b. Subsection F - Theater, Athletic Field - One space for each six seats. Required = 133 Proposed = 91 Variance = 42 or 32% Staff finds Subsection E - Churches, Auditoriums more consistent with proposed use. Council may wish to reconsider. List of Exhibits A Application B Applicant's Addendum C Outline of Terms of Least Agreement with School District and Applicant D Property Owners List E Plat Map F Gustafson Report 4/10/96 G Soil Test Map, GME Report H Gustafson Report 1/5/96 I Orono Hockey Boosters Letter to Jim Grabek 4/2/96 J Orono Hockey Boosters Letter to G. Timm 4/2/96 K Section 10.20, Subd. 3 (A), Ordinance Amendment L Existing Topography M Floor Plan N Grading Plan O Stormwater Utility Plan P Roof Detail Q Elevations R Exterior Electric Plan S Planting/Landscape Plan Request for Council Action continued Page 4 October 23, 1996 #2128 Orono Ice Arena, Inc., 1025 Old Crystal Bay Road North T1-22 Applicant's Addendum Comments Concerning Neighborhood Concerns and Applicant's Response U Planning Commission Minutes 4/15/96 V1-5 Gaffron Report, April 17, 1996, Determination of EAW/EIS Applicability-Orono Ice Arena Project W Legal Combination of Property with Orono High School Property X1-3 MCWD Permit Application No. 96-80 and MCWD Letter of April 23, 1996 Y Draft of Memorandum of Understanding Between City and Applicant Regarding Maintenance of Stormwater Facilities Z Articles of Incorporation-Orono Ice Arena, Inc. AA IRS Letter, 501 (c) (3) Status BB Building Signage Plan CC Roof Plan Locating Peak Height at Corners and Midwest Side Wall DD 1-29 Ground Lease/Recreational Facility Cooperative Agreement EE Certification of Funds and Final Cost Estimate FF Revised Site Plan Building and Site Plan The enclosed arena structure is proposed at 163' x 251' for a total footprint of 40,900 s.f. The structure will meet the required 50' setback from all lot lines. Per the building height definition of the zoning code, the legal height of the structure is 20' 6" defined at the west side of the structure. Refer to Exhibit CC, the final design and grading information confirms peak heights of structure on roof plan. At the north and south corners along the west lot line, the peak height is approximately 23-24'. The peak height increases as you move eastward where the peak height at both north and south corners is recorded at 32'. The peak height of the east wall along Old Crystal Bay Road is 32'. In an attempt to minimize the starkness of the structure, applicant has introduced translucent panels to be installed within sections of pre-cast concrete wall to soften impact. The translucent panels resemble windows. The entire structure will be constructed of pre-cast concrete wall panels. The foundation will be slab on grade. The 800 seat capacity bleachers will also be constructed of a pre-cast concrete. The structure will be fully sprinkled. The original arena structure proposed by applicant had a curved roof design that reached a maximum height of approximately 40-41'. The structure is now shown with a flat roof with a maximum peak height at 32'. Request for Council Action continued Page 5 October 23, 1996 #2128 Orono Ice Arena, Inc., 1025 Old Crystal Bay Road North The structure has been designed to minimize any noise-producing elements that might impact the adjacent residence at the west lot line. There will be no rooftop air handling equipment. In addition, no louvers or other openings are proposed a ong the west wall. Air cooled condensers for ice making equipment have been selected with care in an attempt to minimize noise element. The lobby at present will not be air conditioned but if air conditioning is proposed at some time in the future, a masonry structure will enclose the air conditioning condenser. Parking lots have been specifically placed along the east and south lot line with the building as a buffer from the noise of the parking lot. Lighting will also be limited to the use areas of the facility. Applicant also proposes the installation of fencing and plantings along west lot line to minimize impact of solid masonry wall upon residence to immediate west. Parking areas have been relocated out of Type I wetlands located within east and southeast yard. Applicant confirms 91 (4 handicap) parking stalls. Staff found the proposed use and additional use of structure more similar to an auditorium use than an athletic field and recommended a one space for each four seat parking formula rather than one space for six seats. Council may not agree. Planning Commission concurred with staffs findings and approved the parking variances of 109 stalls or 54%. The cooperative agreement with the school district formalizes the shared use of parking facilities between school and Orono Ice Arena, Inc. A walking pathway connects the most northern parking area at the high school with parking area of the ice arena facility. Grading/Drainage/Access Review Exhibits L, N and 0, surface runoff will continue to drain predominantly to the east and eventually to the northeast culvert. Surface runoff from the developed site will be treated in a detention pond in the east yard before entering drainage swale and exiting culvert that eventually drains to the north side of County Road 6. The grading plan shows that swales will be installed along the west line directing drainage either to the north or south of structure, eventually being carried via swales or stormwater facilities to detention pond in the northeast. The single access to the property has been located immediately opposite the entrance to the Orono Baseball field gravel drive. The engineer has approved the grading plan and access location, Exhibit F. Review Exhibit X1-3, the Minnehaha Creek Watershed District has granted a permit for the drainage plan. The MCWD Board in its approval of the permit required that the City enter into an agreement to monitor and maintain the drainage facilities on the property. The City Administrator has contacted the Executive Director of the Watershed District, Gene Strommen, and Mr. Strommen has agreed that the City need only agree to monitoring the Request for Council Action continued Page 6 October 23, 1996 #2128 Orono Ice Arena, Inc., 1025 Old Crystal Bay Road North drainage facilities. A draft of a Memorandum of Understanding of both the City and the applicant's obligations has been included in your packets, Exhibit Y. The applicant has reviewed the draft as amended and has agreed to execute the agreement. One of the major concerns raised by the neighbors in attendance at the public meeting was the issue of the location of the building at the northern extreme of the property. Applicants were asked why the structure could not be relocated closer to the south lot line with the parking areas relocated to the north and east sides of the property. Refer to Exhibit G, the wetlands delineation plan shows Type I wetlands located along the east lot line and southeast yard of the property. Both the engineer and consultants for the applicant agree that the soils report suggests that soils become considerably worse closer to the wetland areas in the south yard. The applicant, in their letter of April 2, 1996 to James Grabek, notes soil conditions are an especially critical issue for this project requiring more soil correction. r - . :- :- •= — ..,: . . . . - . h. Prime issues are aesthetics and functionality. The lobby is south facing and the majority of the arena use is during the winter months. They wish the parking to be oriented to the entry on the south side. Applicant also notes that since the applicant has entered into an agreement with the school district to share parking that parking at the east and south yard is easily accessible to the parking by high school students in the day. Placement of the structure to the north helps the drainage plan function more efficiently. The neighbors have provided exhibits and wish to address their concerns regarding the placement of the structure at your meeting. The applicant has renotified neighbors that application will be considered by Council at the October 28th meeting. Utilities/Easements Refer to Exhibits F and H, wastewater shall be pumped from a grinder pumping station through a force main to the existing gravity sewer line within Old Crystal Bay Road. Gustafson notes the pumping station should be located near the driveway for future maintenance purposes. The City shall ask for easements over all lines located out of the Old Crystal Bay Road public right-of-way. This would not include the private connection lines to arena structure. The City will ask for drainage easements over the detention pond. Type I wetlands shall be protected via the special conditions of the conditional permit resolution that shall also include the site plan locating two Type I wetlands on the property. The County has not been asked to review this plan as there is no improvement that will involve an alteration of the County right-of-way nor does this applicant propose either temporary or permanent access onto the County road nor would the City encourage direct access onto the County road. Request for Council Action continued Page 7 October 23, 1996 #2128 Orono Ice Arena, Inc., 1025 Old Crystal Bay Road North Applicant's architect has submitted final building plans to the Metropolitan Council for determination of the exact number of SAC units. The City has received no final estimate as of this writing. Applicant has been advised that they will be charged sewer and water connection charges based on the number of SAC units. Per the 1996 fee schedule, a combined sewer and water unit connection charge will be $8,490. As already noted above, recent engineering studies have confirmed that there is adequate capacity within existing downstream sewer lines to maintain wastewater from this facility. Metropolitan Council has approved Comprehensive Plan Amendment #6 on October 24, 1996. The City will formally adopt Comprehensive Plan Amendment #6 via resolution at their October 28th meeting. Applicant is aware that they will have to extend existing sewer and water lines to the north to achieve sewer and water service. Landscaping/Fencing/Signage/Exterior Lighting Review Exhibit S, the landscaping and planting schedule was approved by the Planning Commission although applicant has agreed to work with the property owner to the immediate west to determine location of additional plantings. Applicant has advised that additional plantings have been added to landscape plan and will present the amended landscape plan at your meeting. Mr. Engebretson has confirmed that he has heard no further from Gerry Timm, resident to immediate west, concerning fencing or plantings. Signage was of concern for neighbors and Planning Commission members who wanted adequate signage locating the new facility at this site. The only signage proposed by applicant are the two wall signs on the east and north side of structure. Planning Commission members questioned the need for a temporary sign at the intersection of Old Crystal Bay Road and County Road 6 to alert out-of-town visitors to the location of the facility. Applicant had advised of the school's plan for a revamping of all signage on the school campus and that the ice arena facility was to be included. The applicant will seek approval of the signage area variance as proposed. The applicant advises that all lighting will be shielded downward and away from the adjacent residential properties and public roadway. A detailed lighting plan will be provided with the building plan and will meet all required standards of the municipal code. Lighting will be provided adjacent to wall signs and in parking lots. Request for Council Action continued Page 8 October 23, 1996 #2128 Orono Ice Arena, Inc., 1025 Old Crystal Bay Road North Operating/Managing Board • Review Exhibit C, the Articles of Incorporation, this facility will be operated by a Board of Directors consisting of five members, three shall be appointed by the Orono Hockey Boosters, one by the school district and the other by the City. Applicant also advised that they would like to have a neighborhood representative present as a liaison but the liaison will be a non- voting member. The Board will hire a professional arena manager or management firm to maintain facilities. During the heavy use months of the winter season, the facility will be operated from 5:30 a.m. through 11:30 p.m. (September 15 - March 15). During the off-season hours, the facility will be used from 7:00 a.m. to 10:00 p.m. The off-season users and uses are reviewed as follows: 1. School district - educational activities for school productions, meetings, fairs or other fund raisers and may also serve as classrooms. 2. Community Education - uses such as classes for roller blading and other recreational programs, for teen dances and other youth activities. 3. Youth Athletic Association - softball, baseball or tennis for indoor practice with batting cages and screens. 4. Community at large - meeting space and other appropriate functions and events. Variances The applicant seeks approval of three variances. First the setback for exterior parking adjacent to Old Crystal Bay Road proposed at 19.3'. The parking lots of the high school, elementary school and middle school to the south are located closer to the street lot line than parking setback for the arena site. There is adequate room for applicant to provide plantings along the lot line. Applicant proposes a wetland planting consistent with the Type I wetland located between street right-of-way and parking area. It will be important to maintain low lying plantings to protect sighting distance at the intersection of access drive at Old Crystal Bay Road. The second variance involves the required number of parking stalls required by code at 200 stalls for 800 bleacher seats. Applicant's final count is 91. This includes 4 handicap stalls. Per the joint agreement with both the arena facility and the school district, parking areas will be shared. The third variance involves a signage area variance. Planning Commission felt the 12 s.f. was inadequate to serve signage needs for this type of facility. Request for Council Action continued Page 9 October 23, 1996 #2128 Orono Ice Arena,Inc., 1025 Old Crystal Bay Road North Planning Commission Recommendation The Planning Commission recommended unanimous approval of the conditional use permit and variances noted above to permit construction of an enclosed ice arena on the school property located at 1025 Old Crystal Bay Road, subject to the following conditions: 1. Upon application for a building permit, the following must have been completed or submitted to the City Building Department with application information: a. Final specs and plans for extension of utilities for engineer's review. b. Written report from applicant's architect confirming number of SAC units required by Met Council. c. Final grading and paving plans to reflect Orono engineer's recommendations and corrections. d. Payment of sewer and water connection fee at $8,490 per unit to City, total payment to be based on number of SAC units charged by Met Council. 2. Applicant and owner to grant drainage easement over detention pond on property. 3. Applicant to obtain an access permit for the new curb cut from the Public Works Department. 4. Approval of the hours of use during peak winter ice season and off-season periods as set forth in Ground Lease and Recreational Facility Cooperative Agreement with Independent School District #278 and Orono Ice Arena, Inc. 5. Approval of variances per findings or hardships set forth above and in applicant's letters and addendum information. The enclosed approval resolution has been drafted per the findings and conditions of the Planning Commission's unanimous recommendation. COUNCIL ACTION REQUESTED: To either adopt or amend the enclosed approval resolution. lsv A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (A-1) AND VARIANCES TO SECTION 10.61, SUBDIVISION 2, (A-3), SUBDIVISION 5 (A) AND SUBDIVISION 10 FILE NO. 2128 WHEREAS, Orono Ice Arena, Inc., a non-profit Minnesota corporation, (hereinafter the "applicant") has an interest in the property located at 1025 Old Crystal Bay Road North within the City of Orono (hereinafter the "City") and legally described as follows: refer to Exhibit A attached (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit to construct a 163' x 251' indoor ice arena as a non-profit organization under a land lease agreement with Orono Independent School District #278 per Section 10.20, Subdivision 3 (A-1), and variance to Section 10.61, Subdivision 2 (A-3) seeking approval of a signage area variance of 64 s.f. where 12 s.f. would be allowed, a variance to Section 10.61, Subdivision 5 (A) for a setback variance for exterior parking along Old Crystal Bay Road proposed at 19.3' where the code would require a 50' setback, and a variance to Section 10.61, Subdivision 10 (E) for a parking stall variance to the total number required proposed at 91 where the code would require 200. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2128. 2. The property is located in the RR-1B Rural Residential Zoning District requiring two acres in area. The property consists of 4.4+ acres. 3. The Orono Planning Commission reviewed this application on April 15, 1996 and recommended approval of the variances as proposed and the granting of a conditional use permit for the construction of an indoor ice arena at a total footprint of 40,900 s.f. of area. The following findings have been made to support the granting of the conditional use permit: Page 1 of 9 a. The facility shall be located on the same tax parcel as the principal high school use. b. The arena structure shall meet the required 50' setback from all lot lines. c. The ice arena will not be separated from the high school by a public road. d. The facility shall be owned by a non-profit organization under a GROUND LEASE AND RECREATIONAL FACILITIES COOPERATIVE AGREEMENT with the school district. Per a letter of September 6, 1996 from the IRS District Director, applicant's status is confirmed as a non- profit corporation maintaining Section 501 (c) (3) status. e. Applicant has submitted a certificate of costs and sources of funds for the construction of arena and has demonstrated financial capability to complete said construction confirming 89.6% commitment of funds or revenue have been attained meeting the required 80% as required per code. 2. The following unique fmdings and hardships can be made to support the granting of the variances: a. The exterior parking area is located adjacent to Old Crystal Bay Road and the area is surrounded by schools, school parking lots and sports facility fields and parking lots and will have no impact on surrounding residential neighborhood. b. A lease agreement between applicant and the Orono School District will allow both to share in the parking areas located on entire school property. c. There shall be a walkway connecting the most northern parking lot of Orono High School with the southern and eastern parking lots at the ice arena facility. d. The setback of the exterior parking area adjacent to Old Crystal Bay Road is consistent with the setback of the parking areas serving the Orono High School, Middle School and Elementary School. Page 2 of 9 e. There is adequate room within setback area of exterior parking and road to provide plantings to minimize impact of parking area. f. Signage area of 12 s.f. for the proposed use is inadequate to serve needs of facility located on a corner lot adjacent to a major roadway that will carry out of town visitors to facility. g. There is a need to provide adequate warning of the location of the facility at the intersection of County Road 6 and Old Crystal Bay Road. 3. Applicant held information meetings for approximately 21 residents informed via written notice on both January 24, 1996 and March 21, 1996. The purpose of the meetings was to provide neighbors an opportunity to learn of the project before being presented to the City for formal review. The hope of the applicant was to receive early input so as to amend plans in order to eliminate any controversy. Attendance at the informational meetings was small and each person attending was given the opportunity to speak and ask questions of applicant. 4. Applicant has submitted addendum information that includes copies of letters to residents either responding to questions raised at the meetings and restating applicant's position as to the need to approve proposal as presented. 5. In a report by Michael P. Gaffron dated April 17, 1996, Mr. Gaffron confirms that the ice arena does not fall into either of the mandatory EAW or. EIS categories. As a result, no citizen petition for an EAW/EIS can be honored. 6. A joint engineering study by both the cities of Long Lake and Orono in the summer of 1996 confirmed that the existing downstream sewer lines will be capable of maintaining the additional wastewater from the facility. 7. On October 24, 1996, the Metropolitan Council approved Comprehensive Plan Amendment#6 placing the school property within the Metropolitan Urban Service Area and allowing for the extension of municipal sewer to this property. 8. On October 28, 1996, the Orono City Council approved Resolution No. adopting Comprehensive Plan Amendment #6. Page 3 of 9 9. The Council fords 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. 10. The City Council fords that granting a conditional use permit to allow construction of a 163' x 251' indoor ice arena 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 conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (A-1) to Orono Ice Arena, Inc. for the property located at 1025 Old Crystal Bay Road North to allow construction of a 163' x 251' indoor ice arena and further grants variances to Section 10.61, Subdivision 2 (A-3), a signage variance of 64 s.f., per Section 10.61, Subdivision 5 (A) a setback variance for exterior parking at Old Crystal Bay Road North of 30.7' or 61.4% and per Section 10.61, Subdivision 10 (E) a parking stall variance of 109 stalls or 54%. This approval is subject to the following conditions: 1. Approval of the Orono ice arena project has been based on plans drafted by Hammel, Greene and Abrahamson, Inc., Architects and Engineers, Ted Roozeboom Architect, submitted to the City for Council's approval as follows: a. Layout and utility plan - dated March 22, 1996. Page 4 of 9 b. Grading and surfacing plan - dated March 22, 1996. c. Planting plan- dated March 21, 1996, most revised date d. Floor plan - dated March 22, 1996, most revised date e. Exterior elevations - dated March 22, 1996, most revised date f. Site plan - dated March 22, 1996, most revised date 2. Upon application for a building permit, applicant must provide the following information: a. All plans as noted above must be signed by either the licensed architect or licensed engineer. b. Final specs and plans for extension of the utilities for the City Engineer's review. c. Written report from applicant's architect confirming number of SAC units required by Met Council. d. Final grading and paving plans to reflect Orono Engineer's recommendations and corrections. e. Payment of required SAC units. Payment of sewer and water connection fee at $8490.00 per unit to the City. Total payment to be based on number of SAC units charged by Met Council. 3. Applicant and owner to grant drainage easement over detention pond on property (see sample enclosed). 4. Applicant to obtain an access permit for the new curb cut at Old Crystal Bay Road North from the Orono Public Works Department. Page 5 of 9 5. Applicant and Orono School District shall be responsible for protecting the Type I wetlands located on this property by GME Consultants, Inc. in their report dated June 29, 1995. A map locating the two protected wetlands is attached to this resolution as Page 9. Applicant and owner of the property shall agree to never alter by excavating or filling said wetland before first obtaining required permits from the Minnehaha Creek Watershed District and U.S. Corps of Engineers before coming to the City of Orono for appropriate permit approval. 6. All exterior air conditioning condensers shall be surrounded by an approved masonry wall so as to minimize any impact of noise upon adjacent residential neighbors. 7. Applicant shall agree to install fencing and landscaping as requested by immediate residential neighbor to west of property. 8. In the granting of this conditional use permit, the City approves the proposed uses and the hours of operation during peak winter months commencing September 15th through March 15th at 5:30 a.m. to 11:30 p.m. and off-season periods from 7:00 a.m. to 10:00 p.m. The City reserves the right to reconsider this conditional use permit should the operation of the facility or the hours of operation result in any detriment to the public health, safety or welfare. This review shall be subject to the standards set forth in Section 10.09, Subdivision 11 of the Zoning Code. 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 (October 28, 1997). 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. Page 6 of 9 • . ! K r 11. An authorized representative of the Orono Ice Arena, Inc. and an authorized representative of Independent School District #278 have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the Orono City Council on this 28th day of October, 1996. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Authorized Representative of Authorized Representative of Independent Orono Ice Arena, Inc. School District#278 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of October, 1996, by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 7 of 9 Hennepin County GIS-Printable Map Page 1 of 1 Interactive Property Maps Map j ,,..,. t ,.._,.1 4:.. ,.,„ i ..."..i.1,,,, .1 :40. ,., 1. iA t k I ilk i i � i 4P.-- .... ,•. Iii 42"00 _ .1: .1. ov... ,... it;e ,,,„ ., .41.o.. •.. . ( ‘ i ,I..f ., . : i _A H._ i . I" . '' V' t ' _ a - . Its#, • %„a` ., ,, .______., ,,, — * go 1 i ' _1:1 -;'.. i- ,_ .t. ,7' .-. - .i..01/4, ''''' z r...z lit 1 I I 1 0 4'� a s}• • • .� . !4 nT• 6 v ' I i fr- �I(' vgri - .� �" 4 e'+ - .. s , Parcel 28-118-23-34-0003 A-T-B: Abstract Map Scale. 1"=400 ft. N ID: • Print Date: 1/29/2015 Owner Market School Dist No 278 $0 Name: Total: Parcel 795 Old Crystal Bay Rd N Tax $0.00 Address: Orono, MN 55356 Total: (Payable:2014) Property Sale Commercial-Preferred Type: Price: This map is a compilation of data from various sources and is furnished"AS IS"with no Home- Sale representation or warranty expressed or Non Homestead stead: Date• I implied,including fitness of any particular purpose,merchantability,or the accuracy and completeness of the information shown. Parcel 43.59 acres Sale Area: 1,898,977 sq ft Code: COPYRIGHT©HENNEPIN COUNTY 2015 A Think Green: http://gis.hennepin.us/Property/print/default.aspx?C=453125.60692557873,4982669.39345076&L=6&T=hybrid&D=true&L... 1/29/2015