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HomeMy WebLinkAboutResolution 6516U~~.-�%� �� ay � � RESOLUTION OF THE CITY COUNCIL NO. 6516 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-916 and 78-966 FILE NO. 15-3716 WHEREAS, Mark Anderson and Kristen D. Anderson, a married couple (herein after the "Owners") are the owners of the property located at 3850 Watertown Road within the City of Orono (hereinafter the "City") and legally described as Lot 1, Block 1, Hillaway Farm, Hennepin County, Minnesota, (hereinafter the "Property"); and WHEREAS, in June 2014 the City granted conditional use permit (hereinafter the "CUP') via Resolution No. 6411 for filling and grading activity in excess of 500 cubic yards per Orono Municipal Zoning Code Sections 78-916 and 78-P66 to incorporate a total of approximately 10,000 cubic yards of fill into the Property in order to create a larger flat area west of the barn for the keeping of horses; WHEREAS, the Owners imported a total of 17,000 cubic yards of material to the Property and were issued a Stop Work notice by the City and were instructed to seek after -the -fact approval of the additional 7,000 cubic yards of material; WHEREAS, the Owners have made application to the City of Orono for an after -the -fact and amended CUP per Orono Municipal Zoning Code Sections 78-916 and 78-966 in order to import a total of approximately 10,000 cubic yards of additional fill (7,000 cubic yards after -the -fact and 3,000 cubic yards new additional) brought into the Property in order to complete the project to create a level slope for farming; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, a public hearing was held by the Orono Planning Commission on June 15, 2015 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File 15-3716. Page 1 RESOLUTION OF THE CITY COUNCIL No. 6516 2. The Property is located in the RR -1A, One Family Rural Zoning District which requires a minimum lot area of 5.0 dry acres and a minimum lot width of 300 feet. 3. The Planning Commission reviewed this application at a public hearing held on June 15, 2015 and voted 6 for and 0 against on a motion to approve the CUP. The Planning Commission finds that the following factors support the granting of the requested CUP: a. The Property is 22.5 acres in area; has over 850 feet of width along Watertown Road. b. The request for fill in excess of 500 cubic yards will not significantly impact the Property as viewed from Watertown Road. The grading on the Property will have no impact on surrounding lands. The finished grade will be vegetated with a pasture mix to blend into the pasture acreage on the Property. The project, once completed, should not result in undesirable views requiring mitigation. c. The filling and re -grading of the Property, once completed, will have no impact on surrounding lands. The grades, once vegetated, will blend into the rest of the pasture acreage. d. The proposed grading and improvements will not substantially impair the use and enjoyment of the properties in the area or have an adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses. e. The result of the proposed grading will not change the intended residential use of the property so there should be no change in the use and enjoyment of adjacent properties resulting from the import of fill. However, the prolonged activity of importing fill and actively grading the property will have an adverse impact on neighbors, surrounding properties, and users of Watertown Road. Trucks hauling and equipment working on the site will likely result in additional noise, dust, vibration and traffic on the haul routes and immediate neighbors. To the degree possible, negative impacts should be limited and mitigated. Page 2 RESOLUTION OF THE CITY COUNCIL NO. 6516 f. The haul routes shall be submitted to the City and will be monitored. The Owner will be required to keep debris off of the public roadways. The grading project has been evaluated by the City Engineer and should not create a nuisance situation. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed CUP on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a CUP for filling and grading activity in excess of 500 cubic yards per Orono Municipal Zoning Code Sections 78-916 and 78-966 in order to incorporate approximately 10,000 cubic yards of additional fill into the Property for a total import of 20,000 cubic yards; subject to the following conditions: Council approval is based on the grading plan submitted by the Owner and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the grading plan may require further Planning Commission and City Council review. 2. A double row of silt fencing shall be placed and maintained between the extent of the grading activity and the wetlands on the Property. 3. Only clean fill is permitted. The City Engineer shall be allowed to inspect any fill being imported to the site prior to deposition; 4. Owners shall provide certification documentation evidence that all fill brought to the Property to date and all fill to be brought to the Property consists of only clean fill material; 5. A haul route shall be submitted to the City Engineer for approval and inspection prior to commencement of hauling to the site. The Owners shall be responsible for repair to roadways for any adverse impacts. Upon inspection, the City Engineer shall establish an appropriate escrow amount to guarantee repair of roadways; 6. Hauling activity may occur only Monday through Friday between the hours of 7:00 a.m. and 8:00 p.m. as designated in Section 58-121; Page 3 C]" -r ry rC_)Y O.rte. G O RESOLUTION OF THE CITY COUNCIL NO. 6516 7. Equipment activity specifically relating to the grading project within the Property may occur only Monday through Friday between the hours of 8:00 a.m. and 6:00 P.M.; 8. The grading activity should ensure the surface overflow is maintained at existing elevations on the south side of the wetland on the Property; 9. Upon completion of the project an as -built survey shall be submitted reflecting conformance with the approved plan. The Property will be evaluated from an erosion and sediment control risk perspective prior to release of escrow funds; 10. The Owners shall submit plans and a permit application to address the retaining walls constructed on the site without proper City permits prior to the release of the escrow funds; 11. The Owners shall comply with the ongoing recommendations of the City Engineer and the requirements of the other involved regulatory agencies; 12. An administrative Zoning Permit for Land Alteration will be required and a pre - construction meeting involving all relevant parties shall be held at least 7 days prior to commencement of grading work following any approvals granted by the City Council; 13. Hauling activity shall be limited to a total of 60 days from the date of the pre - construction meeting. A 10 -day extension of the hauling activity timeline may be granted by staff upon request 10 days prior to the 6V' day; 14. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only and must be exercised by completing the project within one year of the date of Council approval, or the CUP will expire on that date (June 22, 2016). 15. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, small automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 4 C ! Y Of-- RESOLUTION OF THE CITY COUNCIL NO. 6516 16. 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. Adopted by the Orono City Council on the 22nd day of June, 2015. Page 5 ATTEST: Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6516 jw�� A&aw�� This instrument was acknowledged before me this day of JUIL4,, 2015 by Mark Anderson husband of Kristen D. Anderson. MONICAA. FARNESS _ NOTARY PUBLIC -MINNESOTA Notary Public My Commission Expires Jan. M. 2017 STATE OF MINNESOTA COUNTY OF HENNEPPIN This instrument was acknowledged Before me this a2 day of rvq--1kr 2015 by Kristen D. Anderson, wife of Mark Anderson. --:� A &M A LOt Nota Public a MONICA& FARNESS NOTARY PUBLIC - MINNEsoTA W COnRrrMon Expires Jan. 31, 2017 Page 6 65 76Resolutior 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 June 22, 2015 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 22°d day of September, 2015.