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Home My WebLink About#6718-CUP-2017AExisting Certs 359670 C i V -t- III III 11111111111111111111111111 Doc No T05474823 Certified, filed and/or recorded on Sep 5, 2017 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 30 Pkg ID 1597770M Certified Copy of any document $10.00 Document Recording Fee $46.00 Document Total This cover sheet is now a permanent part of the recorded document. $56.00 ems -°moo CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 67 1CA ESHO A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-946 FILE NO. 17-3886 WHEREAS, Hennepin County, a public entity (hereinafter the "Applicant"), is the owner of the property located at 3880 Shoreline Drive and legally described as: In the following described land situated in the County of Hennepin and State of Minnesota: Tract 1. The East 50 feet of the West 200 feet of the South 233 feet of that part of Government Lot 8, Section 17, Township 117, Range 23. lying East of the East line of "Streater's Spring Park Addition", Hennepin County, Minnesota. Tract 2. That part of Government Lot 8, Section 17, Township 117, Range 23, and that part of Lot 1, Block 9, Townsite of Langdon Park, all described as beginning at the intersection of a line drawn parallel with and 233 feet North of the south line of said Government Lot 8 and aline drawn parallel with and 100 feet East of the East line of "Streater's Spring Park Addition", Hennepin County, Minnesota; thence North along the last described parallel line and its extension to the Southerly right of way line of the Great Northern Railway Company; thence Easterly along said Southerly right of way line to its intersection with a line drawn North at right angles to the South line of said Section 17 from a point thereon distant 1315.97 feet West from the South quarter -corner of said Section 17; thence South along said last described line to a point 233 feet North of the South line of said Section 17, thence West parallel with the south line of said Section 17 to the point of beginning. Subject to easements of record. (hereinafter the "Property"); WHEREAS, on December 12, 2016, the Applicants made an application to the City of Orono for a Conditional Use Permit for an essential service (hereinafter the "CUP") pursuant to Orono Municipal Zoning Code Sections 78-946 to permit the placement of a tower necessary to support weather data collection equipment as part of the County Wide Mesonet station array.; and WHEREAS, on January 17, 2017, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on January 17, 2017, the Planning Commission recommended approval of the CUP; and WHEREAS, at a meeting held on February 13, 2017, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and � T\ CITY OF ORONO RESOLUTION OF THE CITY COUNCIL HO NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested CUP as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #17-3886. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR -1C Zoning District. 3. Knowledge of local weather, and pending weather in real time is necessary to the efficient and safe deployment of resources throughout the county, including to emergency management (police, fire, and water patrol) and public works. 4. The site has been a Hennepin County Public works site for a number of years, and is setback from area public ways, reducing impact to the neighborhood. CONDITIONAL USE PERMIT ANALYSIS: 1. The Council shall grant a conditional use permit only after a showing that the public safety, health and welfare will not be harmed by the essential service. 2. The Council finds that the proposed essential service will not harm the public safety, health and welfare because: a. The tower is sited and is of a height to minimize visual impact on surrounding properties. b. The tower will not include any radioactive communication equipment; all communication will be via cellular telephone. c. The tower collects weather data for used by the public and public agencies. d. The tower will not produce glare or vibration to the detriment of neighboring properties. 2 � T\ CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6 7 8A NO. \KESH0 CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a CUP pursuant to Orono Municipal Zoning Code Sections 78-946 to permit the placement of an essential service, subject to the following conditions: 1. Council approval is based on plans by Hennepin County submitted by the Applicants and, attached to this Resolution as Exhibit A, (hereinafter the "Plans"). Any amendments to the Plans which are not in conformity with City codes may require further Planning Commission and City Council review. 2. Upon completion of the project, the site will be evaluated from an erosion and sediment control risk perspective prior to release of escrow funds. 3. No trees are to be removed as part of this project 4. The Applicants shall ensure that the integrity of vegetation along the north property line will be protected for the duration of the project. 5. No commercial antennas may be installed on this tower. Commercial antennas will vacate the essential service designation of the tower and related equipment. 6. 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. 7. The undersigned Applicants have read, understand, and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, 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 13t' day of February, 2017. ATTEST: CITY OF ORONO: �nn � Carlson, City Clerk�� Dennis Walsh, Mayor Site Layout Overview: Land Use Area: 40 feet x 40 feet Resolution Exhibit A 6 7 l A Items to be put on land: 10 meter tower with guy wires, grounding probe, soil moisture probe, soil temperature probe, rainfall sensor. Items to be put on tower: wind speed, wind direction, pressure sensor, temperature probe, solar radiation sensor, solar panel, datalogger, battery, relative humidity sensor, and wet bulb black globe sensor. Power: Solar Powered with Battery Backup T Thu NOtk Wind screen -C d b • I Raaf gauge i 1.5 M.UAHand 9M.T 3 M. (mutW*te shield) ' 4 2 m. wind speed Tripod mount for pyrarometerr fence Access tube for soil moisture r- _ - - - - - f Temperature under sod O l � l � ,.i Rubber Temperatum edging under Mare soil O --- r ----3m - ---------J 3.7 m. Wah"kV -d sola► pant and sndosur02 nor shout+lot da* l)c. 5. Plan view of a remote station showing rain gauge and soil sites relative to the tower. 413 I.m wind 4zprrd A dir"tion 1)-m a ind %prod" k Lightning rod y -Ill lC n3lh`r.illl rl'"�' �', Antenna to the Oklahoma Lau }:nforcement I Oveommuncations Bute& Solar panel -m v.ind sliced" Haromelrrc prmurc. 1.5-111 tcminrature d•. data logger. hatter), and radro telame hunudity T ' M 13-m velar radialiun Rainfall (Alter shield mg chit+n) Soil temperatureI soil nraisittrO t{`. M. }tT cn') Ortmnd rod 15• -'J. hU, ,5 cmt Site locations will need to be chosen based on the following criteria: Accessible be vehicle during all seasons. Wind Speed and Wind Direction: 6 7 i 8A • Standard is 10 in above ground level with no obstructions within 300 in for anemometer and vane exposure. • Slope should be less than 17 degrees to avoid separation of flow, producing large eddies. Solar Radiation: • Site should be free of obstruction above the lane of the radiation sensing element. • Important that no obstruction cast a shadow on a solar radiation sensor. 6 e 1 8A • Slope of terrain should be less than five degrees to avoid having to consider aspect on surface radiation measurements. Temperature and Relative Humidity: To be compliant with existing observations and airport stations, temperature and RH should be made at the standard height of 1.5 m. Pressure: • Sensors must be designed to minimize dynamic pressure. Precipitation: • Reduce the effects of wind by using a wind shield. • Gage should be over level ground and surrounding objects should not be closer to the gage than a distance equal to four times their height. Soil Temperature and soil moisture • Soil should be representative of the entire area. • Standard depths for soil temperature measures are 5, 10, 20, 50, and 100 cm STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on February 13, 2017 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 610 day of , 2017. ity Clerk (seal)