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Home My WebLink AboutResolution 6051 � o� �- o 0 CITY of ORONO � � ti �� G~ RESOLUTION OF THE CITY COUNCIL '�kEs�xo�'' No. 6 0 5 1 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR LAND ALTERATION PURSUANT TO SECTION 78-966 & 78-968 FILE NO. 11-3506 WHEREAS, the Orono Public Schools ISD 278, (hereinafter "the Applicant") is the owner of the property located at 685 Old Crystal Bay Road North (hereinafter the "Property") within the City of Orono (hereinafter the "Cit}�') and legally described as: The south 940 feet of Government Lot 1, Section 33, Township 118, Range 23, Hennepin County, � Minnesota; subject to roads; and WHEREAS,Applicant has made application to the City for a conditional use � permit for land alteration in excess of 500 cubic yards to import approximately 6,000 to 8,000 cubic yards of clean fill to grade the Property in order to create a new softball field; and WIiEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission and City Council held public hearings on May 16 and May 23, 2011, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFOR.E BE IT RESOLVED by the City Council of Orono, Minnesota: - FINDINGS 1. This application was reviewed as Zoning File#11-3506. 2. The City Engineer has reviewed the plans and finds them acceptable. 3. The Planning Commission reviewed this application on May 16, 2011 and on a vote of 6 - 0 found that with conditions the application will satisfy the requirements for granting a conditional use permit. a. The Applicant will provide evidence of the appropriate MCWD approval E _ prior to commencement of the project. Page 1 of 3 � O� r O O � � CITY of ORONO ti �'C�� G~ RESOLUTION OF TH CITY COUNCIL �kESI;�g NO. �O 5 � b. The Applicant will apply for and receive an administrative land alteration/zoning permit prior to commencement of the proj ect. c. The project will be reviewed in reference to Chapter 78 Article XI, the City's wetlands protection ordinance, at the time of the administrative land alteration/zoning permit. Wetland buffers may be required to be installed. d. The Applicant will provide an erosion control and zoning application escrow in the amount determined by the City Engineer prior to commencement of the project. 4. The City Council considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicant and the public, and 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 proposed grading is in accord with the objectives of the RR-1B zoning district in which the site is located and with the comprehensive municipal plan and that the proposed land alteration would 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 the above findings, the Orono City Council hereby grants a conditional use permit for land alteration in excess of 500 cubic yards to import approximately 6,000 to 8,000 cubic yards of clean fill to grade the Property in order to create a new softball field, subject to the following conditions: 1. Council approval is based on the grading plan submitted by the Applicant, attached to this Resolution as Exhibit A. Any changes or amendments to these plans will require further Planning Commission and City Council review. 2. Before the project commences, a zoning permit for land alteration must be obtained from the City and a copy of the MCWD erosion control permit provided to the City. In conjunction with the City permits, the Applicant will provide an escrow in an amount � . to be determined by the City Engineer or at least $2,000 and sign an escrow agreement Page 2 of 3 � o� � o 0 CITY of ORONO ,� :. � ti �� G~ RESOLUTION OF THE CITY COUNCIL `�kEsKo�`' No. 6 0 5 1 to ensure that erosion and sediment control measures are properly maintained, and any damage to public property is repaired. 3. Wetland buffers will be required if the project triggers the buffer requirement as outlined in City Code Section 78-1601. 4. Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining a land alteration pernut. 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, sh�ll automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigied Applicant has read, understands, and hereby agrees to the terms of this resolution and on behalf of the Applicant and the Applicant's successors and ( assigns, hereby agrees to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 23ra day of May, 2011. ATTEST: . �� Linda S. Vee, City Clerk Aaron Hale Printup, A ng Mayor �h�-er� � . Property Owner's Representat' STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this��day of�p�-e m�e-�2011 by T�� -�' on behalf of �r c,,-�,, � �� }.��.,`,s its �r<< �Y o �`�� lc�� -n�1�c 5 � c,,i'^-�✓ � �—� '"`�"" .�`"�.�. � - � DIANE TURNBULL Notary Public Notary Public Minnesota My Commiealon Expires Januety 31, 2o�s Page 3 of 3 � � . 1. / I� � ' � ' i i �' � �� • , , , , . , E '�� . . .� ,.�� , , �,z>. ,, � �� -=� - , � � `� � � � �'.��'�� ; �-= ��._ /-"----�,.'!� , ..�' �`o*�,��--..-.::— � � �.; % ' ...�` , ��,�� ;� .�,},-� . �J// ' 1�' • �'� �� /// /��''� ,�,��,,�"r''� ��-��... .��,. , . ; „�11 �. ��`_�"`.'. .�. - ,� �� `�`�, . ��' � �.. ,� �*� `�,�, ��\``.. `_/ : «�. �" � .�' �:�� `��;� '� `" � r �� ,.3��`` . �. � ,. ..: •1�� _�.�,��:_._ - � , ,. �f�� .�.�t � �M .. � ��•� `��.'�rr` . �..� ��. i `: . ,_ _ � �� ` . _ , � � _ � ;�'�.�r� �'\ �►� �� , , ��, � � � .,�:� � _��. � � � ��,A`��• �k �.r. ^ z;, " �L '� � � ��' �' •%•'' '�I,f"��a��,� % ��' •��_ . � _ 1�� ;;, ., ,� r��7. �4.: .. ,� , . _ �� • � :�� . � �� ' / ��`: : `5„+�M"'�.. . \'1� . , . �� i;; : � '��•�'� I'�� + .��*.`-'�. f � ,�,��,��,��,��,.. ,� ��. �' �;`. 1 � �� ' � ,��-:�,�.��► `��'� �, �`��; . ,� � � � � �� , � � �i�� * � . / � ! �;.�� . � I � �. : . : � :� .� J �� . _ � �� : �� `� �� _ _ _ _ ., . . .. :. � - . , . . ._. . . _ ..