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02-075• CITY OF SHOREWOOD RESOLUTION NO. 02-075 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A SOUTH LAKE MINNETONKA PUBLIC SAFETY FACILITY (WEST LOCATION) WHEREAS, the Shorewood Economic Development Authority (Applicant) proposes to construct a building at 24140 Smithtown Road to be occupied by the Excelsior Fire District and the South Lake Minnetonka Police Department; and WHEREAS, the property is legally described as: "Lot 2, Auditor's Subdivision No. 133, Hennepin County, Minnesota. WHEREAS, the Shorewood Zoning Code allows governmental buildings by conditional use permit (C.U.P.) subject to certain conditions; and WHEREAS, the request was reviewed by the City Planner and his recommendations were duly set forth in memoranda to the Planning Commission, Mayor and City Council, dated 1 August 2002 and 15 August 2002, which memoranda are on file at City Hall; and • WHEREAS, the request was reviewed by the City Engineer and his recommendations were duly set forth in memoranda to the Planning Commission, Mayor and City Council, dated 1 August 2002 and 20 August 2002, which memoranda are on file at City Hall; and WHEREAS, after required notice, a Public Hearing was held and the Applicant's application reviewed by the Shorewood Planning Commission at its regular meeting on 6 August 2002, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at its regular meeting on 26 August 2002, at which time the Planner's memoranda, the City Engineer's memoranda and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. The subject property measures 249' x 1261', contains approximately 6.85 acres of land and is zoned R-2A, Single and Two -Family Residential. • • 2. Land uses and zoning surrounding the subject property is as follows: North: Hennepin County Regional Railroad Authority R.O.W. (LRT Trail), then single-family residential in Tonka Bay; zoned residential. West: Shorewood Public Works Facility and one single-family residence; zoned R-2A South: County Road 19, then the South Shore Senior Center; zoned R-1C East: Shorewood Lane and two-family residential; zoned R-2A 3. The proposed building is 35 feet in height, and contains 28,603 square feet of area on the lower level and 25,917 square feet on the upper level. 4. The proposed development of the site complies with building and parking setbacks. 5. The proposed development of the site will result in a total of approximately 36 percent impervious surface, whereas the Shorewood Zoning Code allows up to 66 percent by conditional use permit. 6. The proposed site plan for the facility will contain 70 parking spaces, 23 of which are exclusive to the Police Department. 7. Primary access to the facility will be from the Shorewood Public Works driveway • on County Road 19. A new access drive on County Road 19 will be used for emergency vehicles only leaving the site. A driveway on Shorewood Lane is intended for returning emergency vehicles and firefighters arriving for at the site. • 8. The lower level of the building will include an indoor Police Department firing range. The range will be separated from the outside by two concrete walls. CONCLUSIONS 1. The proposed use of the property is consistent with its current zoning and with the Shorewood Comprehensive Plan. 2. The conditional use permit for the South Lake Minnetonka Safety Facility is hereby granted subject to the following: a. The site shall be landscaped according to the approved landscape plan and the recommendations made by the Shorewood Planning Director. All reasonable efforts shall be made to preserve existing significant trees along the easterly property line. b. A 200-foot-deep natural buffer shall be maintained along the north side of the site, abutting the H.C.R.R.A. right-of-way. -2- • is C. Noise levels from the mechanical equipment for the building and for the Police firing range shall not exceed residential levels as prescribe by the Minnesota Pollution Control Agency. Specifically, noise shall not exceed 60 dBA in the daytime (7:00 A.M. to 10:00 P.M.) and 50 dBA in the nighttime (10:00 P.M. to 7:00 A.M.) as measured at adjacent property lines. d. An emergency generator for the facility shall be located so as to minimize the amount of noise associated with its operation. Except in emergency situations, the generator shall only be run twice a month between the hours of 1:00 P.M. and 5:00 P.M. for testing and maintenance of the generator. e. There shall be no emergency siren on the property. Emergency vehicles exiting the site shall not turn on sirens until they reach County Road 19. f. All trash shall be deposited into containers located within a covered enclosure on the east side of the building. g. Site signage shall require a separate permit, subject to approval by the City Council. h. Grading, drainage, utilities and lighting shall be done according to plans approved by the City Engineer. i. There shall be no outdoor dog kennels located on the site. j. Cars visiting the facility shall not park on Shorewood Lane. 3. The City Clerk shall provide the Executive Director of the Shorewood Economic Development Authority with a certified copy of this resolution for purposes of recording with the Hennepin County Recorder. 4. This resolution must be recorded within 30 days of the Applicant's receipt of a certified copy hereof. ADOPTED BY THE CITY COUNCIL of the City of 2002. �► ATTEST: CRAIG WOODY 9th day of September, MAYOR WSON, CITY CLERK/ADMINISTRATOR -3-