Resolution 7501 IUP move contaminated soil

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iiL.Q U CITY OF ORONO RESOLUTION OF THE CITY COUNCIL t No. 7501 d` G l4kESHO A3. The Property contains approximately 29 acres in area. A4. The Applicants have applied for an IUP for grading. A5. In considering this application for an IUP, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed IUP upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. INTERIM USE PERMIT ANALYSIS: The Council has determined that the proposed use will comply with the following IUP criteria outlined in Code Section 78-1726: B1.The use is allowed as an interim use in the applicable zoning district; Grading activities are permitted within the RR-1 B Zoning District. This criterion is met. B2.The use will not delay anticipated development or redevelopment of the site; The grading activities will allow for future site development on part of the site by remediating the contaminated soil. A portion of the site will still hold contaminated soil and would need additional remediation before development could take place. This criterion is met. B3.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 approvals with outside agencies including MPCA, MCWD, and NPDES permitting. This criterion is met. B4.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. B5.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. B6.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. B7.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 2