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HomeMy WebLinkAboutResolution 7398i LAND TYPE Torrens (T) DOC NUM 6037104 Certified, filed and/or recorded on Sep 21, 2023 12:19 PM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 165 Pkg ID 2604795E Document Recording Fee 46.00 Document Total 46.00 Existing Certs 1548795 This cover sheet is now a permanent part of the recorded document. p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL OL l NO. 7398 KEsHO A RESOLUTION GRANTING A WETLAND ALTERATION PERMIT PURSUANT TO ORONO MUNICIPAL CODE SECTION 78-1610 FILE NO. LA23-000030 WHEREAS, Ryan Ortlip (hereinafter the "Owner") is the owner of the property located at 4685 West Branch Road within the City of Orono(hereinafter"City")and legally described as: Lot 2, Block 1, West Branch Hill, accrding to the plat thereof on file and of record in the office of the Registrar of Titles in and for said County. (hereinafter"the Property"); and WHEREAS,the Owner has made an application to the City pursuant to Orono Municipal Code Section 78-1610 for a wetland alteration permit (hereinafter the "Permit") in order to fill in the wetland on their property for the purpose of constructing a driveway on the Property, identified on the attached Exhibit A (hereinafter the"Wetland"); WHEREAS,the Applicant proposes to mitigate for the impacts to the Wetland off-site via the purchase of banked credits as governed by the Minnehaha Creek Watershed District (hereinafter the MCWD"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on August 21,2023,at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW,THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File LA23-000030. 2. The Property is located in the RR-1B One Family Residential. Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200'. 3. The Planning Commission reviewed this application at a public hearing held on August 21, 2023 and recommended conditional approval of the Permit based on the following findings: 1 0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL A a. ti ESH' L> NO. 7398 a. Approval of all permits required by the Minnehaha Creek Watershed District are obtained. b. Permission from the abutting neighbor is obtained if grading or access is required. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicant,the conditional approval of MCWD, and comments from the public, as well as the effect of the proposed conditional use on the health, safety and welfare of the community as well as the impact on properties in the vicinity. 5. The City Council finds that the wetland alteration is in accord with the objectives of the RR-1B zoning district in which the Property is located and with the comprehensive municipal plan and that the wetland alteration will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. CONCLUSIONS,ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants approval pursuant to Orono Municipal Zoning Code Section 78-1610 for a Permit for wetland alteration in order to fill in portions of the Wetland, subject to the following conditions: 1. Council approval is based on the Plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibit A.Any amendments to the Plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the Property not with the Owners,but are permissive only and must be exercised by obtaining a land alteration permit or a zoning permit for the project and commencing said project. The project must be commenced within one year of the date of Council approval,or the Permit will expire on that date(September 11,2024). 3. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. 4. The undersigned Owners have read,understand and hereby agree to the terms of this resolution and on behalf of the Owners and the Owners' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. 5. All Minnehaha Creek Watershed District permits are obtained before work can begin on the property. 2 iCal CITY OF ORONOO RESOLUTION OF THE CITY COUNCIL A. tiG, NO. 7398 EsHo ADOPTED by the Orono City Council on this 11 th day of September, 2023. ATTEST: CITY OF ORONO: Z/Vila—diXen - tif-4IP Anna Carlson, City Clerk Dennis Walsh,Mayor 3 Exhibit A - Resolution 7398 Disturbed Upland Buffer Planting, Maintenance, and Monitoring Plan 4685 West Branch Road, Orono - Page 1 of 4 Disturbed Upland Buffer & Northwest Restoration Area Planting, Maintenance, and Monitoring Plan 4685 West Branch Road, Orono The 4685 West Branch Road plan shows two (2) areas of disturbed upland buffer requiring planting, management, and monitoring according to Minnehaha Creek Watershed District Wetland Protection Rule 7(c), 9(g) and 9(h), and 10(a), 10(b), and 10(c). Wetland Buffer Exhibit, attached to this plan shows the areas of upland buffer that will be disturbed by grading during construction (i.e., disturbed buffer). After construction activities have ceased, upland buffer that is disturbed during project grading will be seeded with a native seed mix and managed annually for weedy and invasive species. Upon final establishment, wetland buffer shall contain little or no bare soil and shall exhibit a dominance of native vegetation. Protocols to be followed for site preparation/seeding, maintenance, and monitoring are provided below. Disturbed Buffer Area Planting Plan Site Preparation & Seeding (assuming fall seeding) Soils within the disturbed buffer areas and the Northwest Restoration Area will first be decompacted to a depth of 18 inches and organic matter will be incorporated into soils, and then fine graded/smoothed before the seeding work begins (to be done by the general contractor or excavator). The areas will be left/avoided for a minimum of 30 days to allow weeds to germinate and regrow. Abroad spectrum herbicide treatment will be applied as per manufacturer’s directions. Herbicide treatment areas will be left/avoided for a minimum of 30 days before native seeding commences. Dead vegetation will be removed or mowed, and the soil will be disked or tilled to create an open seedbed. The soil will be harrowed or raked to create a smooth seedbed, and a roller or cultipacker will be used to create a firm seedbed. All seed will be applied by broadcasting drilling or as otherwise recommended by the contracted revegetation specialist. Harrowing or raking will follow all grass seeding. The proposed seed mix and rate for disturbed buffer areas and restoration upland within the Northwest Restoration Area on the Minnetonka Country Club site is BWSR State Seed Mix 36- 211 (Woodland Edge South and West) or similar at a rate of 9.5 lbs/acre PLS (grasses and forbs), and 25.0 lbs/acre of cover crop. Disturbed Upland Buffer Planting, Maintenance, and Monitoring Plan 4685 West Branch Road, Orono - Page 2 of 4 Native seed mix actually used will depend on the hydrologic conditions of the landscape post grading and seed availability. Seed will be purchased from a reputable seed company such as Shooting Start Native Seeds and will be of local origin. Erosion Control Newly seeded areas will be mulched with clean straw at a rate of 1.5 tons per acres. The straw will be disk anchored, where accessible. Upon completion of seed installation, a site visit will be conducted with the vegetation contractor to confirm seeding was consistent with the approved plan and collect seed tags (if available). Disturbed Upland Buffer Maintenance Plan A standard maintenance plan for areas of disturbed upland buffer is provided below. Revisions to this plan may occur. The intent of the management plan is to: 1) promote the growth of native species, and 2) control noxious and/or invasive species such as Canada thistle. When a noxious or invasive species occurs, the appropriate technique to control or eliminate that species will be implemented. Year 1 (fall dormant seeding) Fall dormant seed as described in the Planting Plan Year 2 Management Mow 2-3 times with mower deck 6-8 inches off the ground to prevent development of weedy species Spot spray perennial weedy species as needed Year 2 Evaluation Cover crop will be gone unless winter wheat was used in a fall planting Grasses forming clumps 1-6 inches apart in drill rows, but still short Some flowers should be blooming Flush growth of foxtail and other annuals may indicate need for more frequent mowing Supplemental seeding if needed Year 3 Management Mow 1-2 times with mower deck/bar approximately 12 inches off the ground to control weedy annuals Spot spray perennial weedy species as needed Supplemental seeding if needed Disturbed Upland Buffer Planting, Maintenance, and Monitoring Plan 4685 West Branch Road, Orono - Page 3 of 4 Year 3 Evaluation Plantings should include a diverse mixture of native grasses and forbs Plantings should not include more than 50% invasive species Year 4 Management Mow as needed with mower deck approximately 12 inches off the ground to control weedy annuals Spot spray perennial weedy species as needed Plantings should include a diverse mixture of native grasses and forbs Supplemental seeding if needed Year 4 Evaluation Plantings should include a diverse mixture of native grasses and forbs Plantings should not include more than Plantings should not include more than 50% invasive species Year 5/Long-term Management Mowing not necessary or only in portions of the project site with weed problems Spot spraying of perennial weeds if needed Optional burning in a 3-5 year rotation alternating spring and fall burns Optional haying in a 3-5 year rotation late summer or early fall. Alternate with burning or substitute for burning Supplemental seeding if needed Plantings should not include more than 50% invasive species Upon final establishment, wetland buffer shall contain little or no bare soil and shall exhibit a dominance of native vegetation. Disturbed Buffer Monitoring Plan Monitoring will begin the first growing season after fall seeding to evaluate vegetation within the disturbed buffer areas. An annual Wetland Buffer Inspection Report will be submitted to the District for up to 5 years following buffer establishment. The annual Wetland Buffer Inspection Report will include: 1) A site plan showing the location of permitted buffer area; areas of bare soil or erosion; areas of invasive vegetation; and location and type of any encroachments on the buffer. 2) Color photos of the wetland buffer taken during the growing season with vantage points for these photos labeled on the site plan. Disturbed Upland Buffer Planting, Maintenance, and Monitoring Plan 4685 West Branch Road, Orono - Page 4 of 4 3) Description of buffer vegetation including a list of dominant plant species and the estimate percent cover, and a comparison of the species present to the approved planting/seeding plan. 4) A written narrative that identifies the management strategies that will be utilized during the upcoming growing season to manage invasive species, improve percent cover and species diversity, and mitigate any encroachments on the buffer.