07-15-2024 Planning Commission Packet

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FILE # LA24-000038 15 July 2024 Page 2 of 3 2) The use will not delay anticipated development or redevelopment of the site; The grading activities will not impact future site development. This criterion is met. 3) The use will not be in conflict with any provisions of the city code on an ongoing basis; The plan will be reviewed by our City Engineer and the applicant will be required to follow City requirements. The project will obtain all necessary permits with outside agencies including MPCA, MCWD, and NPDES permitting. This criterion is met. 4) The use will not adversely affect the adjacent property, the surrounding neighborhood, or other uses on the property where the use will be located; The applicant shall ensure the project scope remains within the property lines, the haul route is monitored (and cleaned as often as necessary), and that any adverse impacts are mitigated. This criterion is met. 5) The use will not impose additional unreasonable costs on the public; The project will not impose additional costs on the public. This criterion is met. 6) The date or event that will terminate the use can be identified with certainty; The applicant has provided a project timeline which will commence in the Fall of 2024 and will be finalized in 2025. This criterion is met. 7) And the applicant agrees in writing to any conditions that the city council deems appropriate for the use, including a requirement for a financial security to ensure removal of all evidence of the use upon termination, and restoration of the site to prior or better conditions. The conditions shall be set forth in a development agreement between the property owner and the city, which agreement shall be recorded with the Hennepin County Recorder or Registrar of Deeds. Approval of the Interim Use Permit will be done through a resolution that is recorded against the property. All requirements and conditions will be listed as part of the resolution. This criterion is met. Additional Applicable Regulations (Section 78-916) 1) Consistent with the community management plan; The proposed activity on the residential properties is consistent with the community management plan. The proposed grade alterations are reasonable. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; This criterion is met. 3) Adequately served by police, fire, roads, and stormwater management; This criterion is met. The applicant shall obtain all necessary permits. 4) Provided with an adequate water supply and sewage disposal system; This criterion is not applicable. 5) Not expected to generate excessive demand for public services at public cost; This criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; There is no change of use contemplated. This criterion is met. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The project will not result in a change in character. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; This criterion is not applicable. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The proposed land alterations will be contained to the site and will meet all requirements by the City of Orono and other outside agencies. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; No screening or buffer requirements are required by the City. This criterion is met. 104