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HomeMy WebLinkAboutResolution 7583 Interim Use Permit 200 Woodhill Rd LAND TYPE Torrens (T) DOC NUM 6139882 Certified, filed and/or recorded on Jun 9, 2025 10:09 AM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 122 Pkg ID 2793322E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1493402 This cover sheet is now a permanent part of the recorded document. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ORONO ) I certify the foregoing is the original resolution adopted by the City Council on May 12, 2025. Officially signed as City Clerk of Orono, Minnesota and the seal of the city. stine Lusi , City Clerk c CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7583 <lIcES Ho0' A RESOLUTION APPROVING AN INTERIM USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-1726 FILE NO. LA25-000018 (Formerly LA25-000013) WHEREAS, on March 24, 2025, on behalf of the owner, Woodhill Country Club (hereinafter the"Owner"), a representative from Anderson Engineering (hereinafter the "Applicant"), applied for an interim use permit (hereinafter an "IUP")accordance with the City Code for the property addressed 200 Woodhill Road, Orono and legally described as: Attached as Exhibit A(hereinafter the "Property"); WHEREAS, the Applicant made an application to the City of Orono for an IUP pursuant to Orono Municipal Zoning Code Section 78-1726 to allow for grading in excess of 20,000- square feet for a storm sewer replacement project with ancillary site improvements; and WHEREAS, on April 21, 2025, 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 April 21, 2025, the Planning Commission voted 6 to 0 in favor of a motion to recommend approval of the IUP as recommended by staff; and WHEREAS, on May 12, 2025, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves an IUP to allow for a storm sewer replacement project with grading in excess of 20,000-square feet and described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: Al. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above-mentioned meetings, and all other materials distributed at these meetings are hereby incorporated by reference. -szLOAtO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL "4� NO. 7583 l'kESHO1'8' A2. The Property is located in the RR-1 B (One-Family Rural Residential)Zoning District. A3. Woodhill Country Club is uniquely situated across the municipal boundary between the City of Orono and the City of Wayzata. The proposed project involves property in both cities. The portion of the project within Orono's city limits is the subject of this IUP. A4. The Applicant requests an IUP for a storm sewer replacement project, with ancillary site improvements. The project will conclude by May 1, 2026 with vegetation to be reestablished on the site by November 1, 2026. A5. Work on the site is to be conducted between the hours of 7AM and 6PM with an anticipated 20 vehicles travelling to and from the site each day work is conducted on the project. Fill is not being imported and is instead coming from the Wayzata portion of the property. A6. Vehicles will access the site using County Road 15 to Woodhill Drive. A7. The application was originally published and reviewed by the Planning Commission at the Public Hearing as LA25-000013. The application number has been changed to LA25-000018. A8. In considering this application for an IUP, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed IUP upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. INTERIM USE PERMIT ANALYSIS: Per Orono Municipal Zoning Code Section 78-1726, an IUP is required in instances where land disturbance affects more than 20,000-square feet of area. Per Orono Municipal Zoning Code Section 78-916, the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: B1. Consistent with the community management plan; the Property is a golf course, which is a permitted conditional use in RR-1B zoning district. The golf course use is consistent with the Comprehensive Plan (community management plan). Grading activities and renovations of an existing use is reasonable. This criterion is met; and B2. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division III of the City Code; the proposed interim use is compliant 2 ~ Ot�O CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7583 with the zoning code and is not subject to conditions by Article V, Division Ill of the City Code. This criterion is met; and B3. Adequately served by police, fire, roads, and stormwater management; the Property meets this standard. This criterion is met; and B4. Provided with an adequate water supply and sewage disposal system; the Property has access to an adequate water supply and sewage disposal system. This criterion is met; and B5. Not expected to generate excessive demand for public services at public cost; this proposal is not anticipated to impact public services. This criterion is met; and B6. Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; the proposal does not involve changing the use of the Property. This criterion is met; and B7. Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; the proposal does not involve changing the character of the Property or the area. This criterion is met; and B8. Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; the interim use will not change the compatibility of the site or use with the surrounding area. This criterion is met; and B9. Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; the interim use, including hauling of materials, grading, and infrastructure repair, is not anticipated to impact the use or enjoyment of Property in the area. This criterion is met; and B10. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; the Property is split between the cities of Orono and Wayzata. The portion of the Property within the City of Orono is at least 120- acres in size. The areas to be disturbed are central to the Property and buffered by woods along the outside of the Property. This criterion is met; and B11. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; the proposal is not anticipated to create a nuisance, given the existing conditions of the Property. The 3 Ot�O CITY OF ORONO RESOLUTION OF THE CITY COUNCIL .-411?)/k NO. 7583 tRkEsHOO' loading and unloading of hauling vehicles would occur in areas well within the subject Property. Impacts from the hauling of fill are anticipated to be minimal as much of the fill being placed in the Orono-portion of the property will come from the Wayzata-portion of the property. This criterion is met; and B12. Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; the proposal is not anticipated to create excessive traffic burdens on the nearby road network, as Woodhill Road, the access serving the property, is not a through street, only providing access to a few residences in addition to the golf course. County Road 15, the regional access to the site, has the capacity to serve this use. This criterion is met; and B13. Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; the proposal, in part, is improving storm water facilities in the area, improving the capabilities of moving water during heavy precipitation. This criterion is met; and B14. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; the proposal does not include the installation of any exterior lighting. This criterion is met; and B15. Not detrimental to the public health, public safety, or general welfare; the proposal does not come at a detriment to the public health, safety, or welfare of residents and landowners of the City of Orono. Per Orono Municipal Zoning Code Section 78-1747, no interim use permit may be granted unless the city council determines that the use will comply with the following: B16. The use is allowed as an interim use in the applicable zoning district; the Property is a golf course, which is a permitted conditional use in RR-18 zoning district. Grading activities are permitted by an interim use permit when property is greater than five (5) acres and more than 20,000-square feet of land disturbance is proposed. This criterion is met;and B17. The use will not delay anticipated development or redevelopment of the site; the Property is fully developed as a golf course and the proposed interim use is a reasonable redevelopment and improvement of the site. This criterion is met; and B18. The use will not be in conflict with any provisions of the City Code on an ongoing basis; the proposed interim use does not create a conflict with the City Code. This criterion is met; and 4 �Ot�O CITY OF ORONO RESOLUTION OF THE CITY COUNCIL c>,4." NO. 7583 l,kESHO1-8' B19. The use will not adversely affect the adjacent property, the surrounding neighborhood, or other uses on the property where the use will be located; the proposed interim use is not anticipated to adversely affect the adjacent area. Only 4.92 acres of the more-than-120- acre property will be affected, and the work on the Property will be located away from adjacent properties. Commercial vehicles will be using the property's primary entrance to County Road 15, minimizing the traffic impacts on the surrounding area. This criterion is met; and B20. The use will not impose additional unreasonable costs on the public; the interim use will not impose additional costs on the public. This criterion is met; and B21. The date or event that will terminate the use can be identified with certainty; the Applicant has indicated that the land disturbance project will be completed by May 1, 2026. The site will be revegetated following completion of the project. This criterion is met; and B22. The applicant agrees in writing to any conditions that the city council deems appropriate for the use, including a requirement for a financial security to ensure removal of all evidence of the use upon termination, and restoration of the site to prior or better conditions. The conditions shall be set forth in a development agreement between the property owner and the city, which agreement shall be recorded with the Hennepin County Recorder or Register of Deeds; approval of the IUP will be executed through a signed and recorded resolution. All requirements for the use and conditions of approval will be stated within the resolution. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants an IUP pursuant to Orono Municipal Zoning Code Section 78-1726 to allow for a storm sewer replacement project with land disturbance greater than 20,000-square feet in area. C1. Council approval is based on the entire record and, the above Findings. C2. The approved project shall conform to the site plan submitted by the Applicant, attached to this Resolution as Exhibit B. C3. Authorities granted by this resolution run with the Property, not with the Applicants, but are permissive only and must be exercised by commencing said project. The IUP will sunset on May 1, 2026. Any extension of the project may only be authorized by the City Council. 5 BOO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL c.> NO. 7583 t�kESHO�� C4. The disturbed areas of the Property must be final graded and revegetated by November 1, 2026. The erosion control security will be held until the site is satisfactorily revegetated. C5. Any amendments to the plans that are not in conformity with City codes may require further Planning Commission and City Council review. C6. The Applicants agree to comply with the permitting requirements of all applicable jurisdictions including the Minnehaha Creek Watershed District. C7. Construction vehicles may not use the Woodhill Avenue access to the Property. All vehicles travelling to and from the site for this project must utilize County Road 15 to Woodhill Road. C8. The Applicant must receive approval of an admirative Grading and Land Alteration permit from the City prior to commencing work on site. C9. The IUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of interim uses. C10. The undersigned Owner agrees to the conditions herein. C11. 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. ADOPTED by the Orono City Council on this 12th day of May, 2025. ATTEST: CITY OF ORONO: ram',. 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