Loading...
HomeMy WebLinkAbout04-01-1997 Council Packet Special Meeting«>‘JNC/I. MEET/NO APR i 1997 ^^OFOHONO AGENDA FOR SPECIAL COUNCIL MEETING SET FOR TUESDAY, APRIL 1,1997,8:00 A.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL ZONING ADMINISTRATOR'S REPORT 1.^2202 Hennepin County Department of Transportation - County Road 15 Reconstruction - Variance/Conditional Use Permit - Resolution CITY ADMINISTRATOR’S REPORT 2.County Road 6 Reconstruction Project - Review of Approved Layout 3.Highway 12 Design Review Committee .., - ----- /ue, REQUEST FOR COUNCIL ACTION Apf^ C/7Vq ^991 DATE: March 2^,9^© ITEM NO; / Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: #2202 Hennepin County Department of Transportation - County Road 15 Reconstruction - Variance/Conditional Use Permit - Resolution At its March 10 meeting, the Council continued action on application #2202 to enable the EAW process regarding the roadway reconstruction project to be completed, including the record of decision. The EAW process is now complete and a record of decision has been entered. A copy of the EAW comments, the County's responses, and the record of decision is attached. Description of Application Hennepin County is requesting approval for filling of 1.2 acres of DNR protected wetlands and 1.1 acres of other wetlands protected by the Wetland Conserv'ation Act. All of these wetlands are protected under Orono’s ordinances which prohibit filling of wetlands. Also, there will be approximately 1.2 acre feet of floodplain impact (i.e. Piling in areas below the floodplain elevation of 931.5'). Wetland mitigation for the 1.2 acres of DNR wetland is proposed to occur via the creation of 1.2 acres of new wetland in the Painter Creek Watershed adjacent to County Road 6 in Independence. The 1.1 acres of wetland conservation act protected wetlands, over which the MC WD has been given Orono's regulatory authority is proposed to be mitigated by Hennepin County paying $38,626 toward a regional stormwater ponding facility, due to the unfeasibility of constructing a stormwater ponding facility adjacent to the roadway project. A conditional use permit is required because the project involves grading and filling in excess of 100 cubic yards and within floodplain/wetland areas. Staff recommends approval of the application. Staff has drafted a resolution for approval incorporating findings of fact regarding the County Road 15 project and conditions for a variance/CUP approval. COUNCIL ACTION REQUESTED: Motion to adopt the attached resolution granting variances for filling of wetlands and floodplain areas, and granting a conditional use permit for land alteration, for Hennepin County Department of Public Works for the County Road 15 improvement project. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.56, SUBDIVISION 16 (J) AND (K) AND 10.55, SUBDIVISION 8 AND GRANTING A CONDITIONAL USE PERMIT PER SECTIONS 10.03, SUBDIVISIONS 19-21 AND 10.55, SUBDIVISIONS 8-14 FILE NO. 2202 WHEREAS, Hennepin County Department of Public Works (hereinafter the "applicant") has jurisdictional authority over County Road 15 within the City of Orono (hereinafter "City") and will be acquiring an interest in certain adjacent properties as necessary in order to reconstruct portions of County Road 15 from the eastern boundary of the City of Orono westward to a point approximately 700' south of the County Road 15/Orono Orchard Road/Orono Lane intersection; and WHEREAS, the applicant has made application to the City of Orono for a variance to Municipal Zoning Code Sections 10.56, Subdivision 16 (J) and (K) and 10.55, Subdivision 8 to allow the filling of City designated wetlands where no such filling is normally allowed, and for a conditional use permit per Sections 10.03, Subdivisions 19-21 and 10.55, Subdivisions 8-14 to allow land alterations in excess of 100 cubic yards and within and adjacent to protected wetland and flood plain areas. Minnesota: 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #2202. The project site is located primarily in the LR-IA Single Family Lakeshore Residential Zoning District and partially within the RR-IB Single Family Rural Residential Zoning. The Orono Planning Commission reviewed this application on January 21, 1997 and recommended approval of the proposed variances and conditional use permits based on the following findings: Page 1 of 7 r A. B. C. D. E. The applicants propose to fill 1.2 acres of wetlands under the concurrent jurisdiction of City of Orono, the DNR, and the Minnehaha Creek Watershed District as the City's designated local unit of government under the Wetland Conservation Act. An additional 1.1 acres of wetland subject to City of Orono and MCWD/WCA protection but not under DNR authority, will also be filled. The majority of the wetland impacts are a result of filling the long narrow wetlands occurring in the ditch area between the existing County Road 15 roadway and the railroad tracks to the north. In addition, there will be minor impacts to the larger wetland located at 1410 Shoreline Drive, and minor impacts to the wetlands just west of the West Femdale Road entrance at 1195/1205/1225 Shoreline Drive. The impacted area of the three non-lineal wetlands which will experience some filling is small compared to the total area of those wetlands. Wetland No. 1 (as designated in the applicants' plans) at 1410 Shoreline Drive is 10.1 acres in area, of which 0.12 acres will be impacted. The area of Wetland No. 7 at 1225 Shoreline Drive is approximately 0.8 acres of which approximately 0.02 acre will be impacted. Wetland No. 8 is approximately 1.3 acres of which 0.05 acres will be impacted. A much larger percentage of the linear wetlands between the roadway and railroad tracks will be impacted, experiencing significant filling which will leave those wetlands narrower and likely appearing more like road ditches than wetlands. Wetland replacement for the 1.2 acres of impacted DNR wetlands will be via the creation of 1.3 acres of new wetland in the Painter Creek watershed adjacent to County Road 6 in the City of Independence. The 1.1 acres of impacted WCA protected wetlands will be mitigated per BWSR and MCWD requirements at a site in Excelsior at some future time, and the applicant is required by MCWD to pay $38,626.00 towards that regional storm water ponding facility. The project results in 1.2 acre feet of flood plain storage loss, which will be mitigated on a one-to-one basis by removing the roadbed of the Page 2 of 7. F. G. H. I. "Ferndale cutoff" located east of the intersection of West Ferndale Road and County Road 15, and by additional road ditches to be created adjacent to the new roadway. Municipal Zoning Code Section 10.56, Subdivision 16 (J)(5a) requires that the City give consideration to the functional qualities of the wetlands being filled in relation to sediment and pollutant trapping and retention, storage of surface runoff to prevent or reduce flood damage, fish and wildlife habitat, recreational use, shoreline or bank stabilization, and noteworthiness. Planning Commission finds that despite the absence of a City inventory defining the functional qualities of specific City wetlands, the proposed impacts on functional qualities of the wetlands proposed to be filled will be relatively minor in relation to other wetlands in the City, and that the County has addressed the City's concerns via mitigation as well as erosion and sedimentation control measures. Applicants have submitted a detailed erosion control plan including revegetation plans which Planning Commission finds acceptable. Applicants have made the appropriate permit applications to other governmental agencies including the Minnehaha Creek Watershed District, the Minnesota Department of Natural Resources, and the U.S. Army Corps of Engineers. This project is necessary in order to improve public safety by providing turn lanes and paved 8' shoulders on County Road 15. Applicants have reviewed the 'no-build' alternative and find that a 'no-build' alterative is not feasible due to safety concerns. The project will maintain the current road alignment with only slight modifications, including expansion of the paved roadway northward approximately 10' from the current paved surface. This minor shift in alignment allows the minimization of wetland filling impacts to Ferndale Marsh, an important protected wetland south of and adjacent to County Road 15 in the Cities of Orono and Wayzata. J. The Planning Commission finds that, while this project results in an Page 3 of 7 K. unusually large area of wetland alteration as compared to private wetland alteration projects approved by the City in the past, the public nature of this project is one of the primary factors supporting its approval. The City Council approved the construction plans and layout of this project on December 9, 1996. 4. The City Council finds that the facts and conditions applying to this project are peculiar to this project and do not apply generally to other property in the LR-1A or RR-IB Zoning Districts; that granting the variances would not adversely affect traffic conditions but will in fact enhance traffic safety, that granting the variances would not adversely affect 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 that is public rather than private in nature; that approval is necessary to preserve the public health, safety and welfare; and approval would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council finds that granting a conditional use permit to allow alteration of wetlands in flood plain areas and the proposed filling in excess of 100 cubic yards will not be detrimental to but will enhance 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 properties, nor will it depreciate surrounding property values, and that the project as proposed 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 fhe above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.56, Subdivision 16 (J) and (K) and 10.55, Subdivision 8 to allow the filling of City designated wetlands where no filling is normally allowed, and for a conditional use permit per Sections 10.03, Subdivisions 19-21 and 10.55, Subdivisions 8-14 to allow land alterations in excess of 100 cubic yards and within and adjacent to protected wetland and flood plain areas, subject to the following conditions: Page 4 of 7 1. 2. 3. 4. 5. 6. 7. Applicants shall obtain a land alteration permit from the City of Orono prior to commencement of this project. Applicants shall adhere to the construction plans approved by the City Council on December 9, 1996, and modified by Resolution #3840, a set of which plans are of record at the City offices. Applicants shall adhere to the approved erosion control plan and shall use Best Management Practices during all phases of construction. Applicants shall obtain the necessary approvals from other government agencies prior to commencing the project, and shall complete the mitigation measures in a timely manner as proposed. Authorities granted by this resolution are permissive only and must be exercised by application for land alteration permit within one year of the date of Council’s approval, or the special conditions of this resolution will expire on that date (April 1, 1998). 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. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of Hennepin County. Page 5 of 7 c- —------.-r-_--------------- Adopted by the Orono City Council on this 1st day of April, 1997. ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor I STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 1st day of April, 1997 by Gabriel Jabbour 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 6 of 7 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199___, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199___, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. i Notary Public Paqe 7 of 7 ^OUNcii APR i 1997REQUEST FOR COUNCIL ACTION . ^ DATE: March 27.1997 ITEM NO: Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: County Road 6 Reconstruction Project Layout The Council previously received a copy of a letter from the Hannings who live at 4220 County Road 6 expressing concern regarding the proposed alignment of a reconstructed County Road 6. As indicated in the Hanning's letter, the roadway alignment was shifted to the north after the city's review of the initial layout. In order to reduce the very substantial impacts to existing trees on properties on the south side of the roadway, particularly 4285 County Road 6, the city directed County staff to determine if the roadway could be realigned to reduce overall impacts. The County responded by realigning the roadway to the north which caused it to encroach on the properties to the north. The Council approved the revised alignment because the additional impacts on the north side were substantially less than the initial impacts on the south side. There are several reasons for this lesser impact. The first is that one of the properties to the north is an outlot. Secondly, there are much fewer existing trees on the north side. Thirdly, the Hanning property has a substantial berm in place which will continue to screen the roadway from the home. Steve Thies of Hennepin County will attend the April 1 meeting to provide information regarding the initial layout and the approved revised layout. COUNCIL ACTION REQUESTED: No action required. r COUNC/L meeting REQUEST FOR COUNCIL ACTION 1 1997 DATE; March^,S^9PONO ITEM NO: J Department Approval:Administrator Reviewed:Agenda Section: Name Ron Moorsc hy1/j City Administrator’s Title City Administrator Report Item Description: Highway 12 Design Review Committee Attachment: Letter from Mn/DOT dated March 4, 1997 regarding selection of TH12 design review committee Mn/DOT has proposed a design review committee to meet on a monthly basis to review the important design elements of the project and the design process and to serve as the liaison to the community. Mn/DOT has suggested the Cities of Long Lake and Orono each select three to four members to serve on the committee with at least one member being a citizen representative appointed by the City. It is important a process be put in place to facilitate communication between the design review committee and the Orono residents who are affected by the project. Letters are being sent to all Orono property owners within 500 ’ of the proposed corridor to update them on the design review process and to invite their input into the process. A copy of the letter is attached. COUNCIL ACTION REQUESTED: ch «■ iin* f hi ir■ BkiM ■ March 28, 1997 Dear Tht design phase of the Highway 12 upgrade project in the Cities of Long Lake, Orono and Wayzata is now beginnhig. An important part of this process is involvement by affected property owners as well as the Cities and related agencies. Mn/DOT is proposing to utilize a design review committee made-up of City elected and appointed officials, citizens, and agency representatives to review the design elements of the project and to act as liaison to the community. The design review committee will disseminate information to affected property owners and will bring input from those property owners to Mn/DOT regarding the design of the project. It is important that if you have questions or concerns regarding the project design you contact the City so that your comments can be considered in the design review process. Sincerely, 1CRonald J. Moorss City Administrator RJM/ch