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Home My WebLink AboutResolution 3968 •« � ; ' � O ' v O O �� b. - �. CITY of ORONO . � ti '� RESOLUTION OF THE CITY COUNCiL ��kE H�4�'� NO. :; � S S � . S � A RESOLUTION GRANTING VARIANCES TO MiTNICIPAL ZONING CODE , SECTIONS 10.56, SUBDIVI5ION 16 (� AND (I� AND � 10.55, SUBDIVI5ION 8 AND GRANTING A CONDITIONAL USE PERMIT PER SECTIONS 10.03, SUBDIVISIONS 19-21 AND 10.55, SUBDIVISIONS 8-14 . FILE NO. 2281 WHEREAS, Hennepin County Department of Public Works (hereinafter the "applicant")has jurisdictional authority over Counry Road 6 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 6 from the western boundary of the City of Orono eastward to a point approximately 375' east of Orchard Park Road; and � WI�REA5, 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, 5ubdivisions 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 floodplain areas. � �, NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS • � 1. This application was reviewed as Zoning File #2281. � 2. The project site is,located in the RR-lA Single Family Rural Residential Zoning District. 3. The Orono Planning Commission held a public hearing for review of this application on August 18, 1997 and after said hearing recommended approval of the proposed variances and conditional use permits on a vote of 7-0. � � . Page 1 of 7 � � I O� • O O � �b. - C ITY of ORONO . � � � G'ti � RESOLUTION OF THE CITY COUNCIL : �`�h'ESxo�`'� rvo. 3 9 6 � . 4. The City Council reviewed this application on September 22, 1997 and made the � � following findings: A. The applicants propose to fi110.56 acres of wetlands protected by City of Orono Ordinances and the Wetland Conservation Act, plus an additional 0.25 acres of wetland protected only under the Wetland Conservation Act, for which the Minnehaha Creek Watershed District is the City's designated local unit of government (LGU). B. The wetland impacts are a result of�lling within ten small wetland basins adjacent to existing County Road 6. A portion of the fill will impact designated floodplain along Painter Creek. C. The impacted area of the four Orono-protected wetlands which will experience some filling is small compared to the total aggregate area of • those wetlands. Wetlands No. 1N and 1S (as designated in the applicants' plans) are part of the Painter Creek drainageway, of which 0.24 acres will be impacted. The area of Wetland No. SN is approximately 0.35 acres of � � which approximately 0.07 acre will be impacted. Wetland No. 6N is � approximately 0.85 acres of which 0.25 acres will be impacted. D. The 0.81 acres of impacted WCA protected wetlands will be certified to the State for mitigation per BWSR requirements. The applicant will be required by MCWD to pay $34,500 towards regional storm water ponding facilities in lieu of providing a NURP pond for this project due to a number of factors including the linear nature of the project; the ponding design area that would be needed�to handle off-roadway.contributing areas greatly exceeds the impacts created by the added impervious roadway surfaces; and the proximity to the existing Painters Creek stormwater facilities.. E. Municipal Zoning Code Section 10.56, Subdivision 16 (�(Sa) 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 � Page 2 of 7 ' 1 I O� . • ' O O ' �6. - CITY of ORONO � ti � � G'� RESOLUTION OF THE CITY COUNCII . �`�kEsxo�`� No. 3 9 6 8 noteworthiness. The Council finds that despite the abserice of a City inventory defning 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. F. Applicants have submitted an acceptable detailed erosion control plan including revegetation plans. G. 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. • . H. This project is necessary in order to improve public safety by providing turn lanes, bypass lanes and a realignment of the County Road 6/Watertown Road/McCulley Road intersection. Applicants have reviewed the 'no-build' alternative and fmd that a 'no-build' alterative is not feasible due to safety concerns. The project includes modification of the current road alignment, which inodi�cations have been revised a number of times . during the design review process in order to provide an alignment acceptable to the City. The Council finds that wetlands would be necessarily impacted regardless of.which of the many alternative alignments was chosen. . I. The Council finds that, while this project results in a significant 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. � J. The City Council approved the construction plans and alignment layout of this project in December, 1996. 5. The City Council finds that the facts and conditions applying to this project are � � Page 3 of 7 . , : � O� . • O O �b. - . CITY of ORONO � ti � . '� RESOLUTION OF THE CITY COUNCIL ��kE H�4�� . NO. c� 9 C 8 Y � S peculiar to this project and do not apply generally to other property in the RR-lA Zoning District; that granting the variances would not adversely affect traffic conditions but will in fact enhance traff'ic 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. 6. The City Council finds that granting a conditional use permit to allow alteration of wetlands 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 the 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 floodplain areas, subject to the following conditions: � 1. Applicants shall obtain a land alteration permit from the City of Orono prior to commencement of this project. 2. Applicants shall adhere to the construction plans approved by the City Council in December, 1996, a set of which plans are of record at the City off'ices. 3. Applicants shall adhere to the approved erosion control plan and shall use Best Management Practices during all phases of construction, and once the � Page 4 of 7 � °� . • o � ��b. � . C ITY of URONO : � ti � �'� RESOLUTION OF THE CITY COUNCIL � ��k'ESH�4�' NO. ��_ improvements are completed, shall maintain the stormwater facilities in functional condition, including regular cleaning of the catch basin sumps. 4. Appli�ants shall obtain the necessary approvals from other government agencies prior to commencing the project, and shall complete the mitigation measures in a ti�nely manner as proposed. 5. 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 � (September 22, 1998). 6. 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. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution on behalf of Hennepin County. Adopted by the Orono City Council on this 22nd day of September, 1997. � ATTEST: � • . orothy M. a n, City Clerk � Gabrie abbour, Mayor �� Page 5 of 7 � °� � � o 0 �b. - C ITY of ORONO . � F � G'� RESOLUTION OF THE CITY COUNCiL . ��kESS�4��' NO. � � s 8 • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of September, 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 . . _ � . � O� • • O O �e. - � .C ITY of ORONO � � 'ti � RESOLUTION OF THE CITY COUNCIL ��kESH.04��G . NO. �i.��?�— �STATE OF MINNESOTA ) . � ) ss. . COUNTY OF HENNEPIN ) On this �0� day of ,.t�c� , 1997 before me a Notary Public .within and for said county,personally appeared �u �i 2hn .' known to me to be the person(s) described in and who executed the foregoing instrument, d acknowledged that he(they) executed the same as his(their) free act and deed. .°""•• LINDA S.VEE t � f` NOTARY PUBLIC-�dINNESOTA � � �,'Q:�" •� HENNEPINCOUNTY �-�•�•" My Commissian Expires Jan.31,2000 � NOTARY PUBLIC •r,- • ' . . STATE OF MINNESOTA ) . ) ss. � COUNTY OF HENNEPIN ) On this day of ' , 1997 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 � Page 7 of 7