HomeMy WebLinkAboutResolution 3820 �
� .
. ,
7 y.
� O�
i � �
��b. - CITY of ORONO
� , �
ti
��• �,'�' RESOLUTION OF THE CITY COUNCIL
� L�kESH�g'� NO. e� � ��_
A RESOLUTION GRANTING
VARIANCES TO MUNICIPAL ZONING CODE
SECTION 10.56, SUBDIVISION 16 AND SECTION 10.55, SUBDIVISION 8,
AND GRANTING A CONDITIONAL USE PERMIT
PER SECTION 10.55 AND SECTION 10.03, SUBDIVISIONS 19-21
FILE NO. 2193
WHEREAS, the Minnehaha Creek Watershed District(hereinafter the "applicant")
has an interest in the properties located at 4680/4700 Creekwood Trail owned by James F. O'Neill
and Christopher L. Tillotson respectively (hereinafter "the owners") within the City of Orono
(hereinafter "the City") and legally described as follows:
Exhibit A, attached (hereinafter the "property"); and
• WHEREAS, the applicant has applied to the City of Orono for variances to
Municipal Code Section 10.56, Subdivision 16 to allow live tree removal, grading, filling and
excavation within 75' of the Ordinary High Water L,evel of a protected tributary known as�Painter
Creek where no such activity is normally allowed, and has requested a conditional use permit and
variance per Municipal Zoning Code Section 10.55 for land alterations within a floodway and
flood fringe; and has requested a conditional use permit per Section 10.03, Subdivisions 19-21
for excavation in excess of 100 cubic yards; the above conditional use permits and variances to
allow the expansion of an existing wet detention basin for the purpose of sediment and nutrient
removal from the aforesaid protected tributary.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
�
1. This application was reviewed as Zoning File #2193.
2. The property is located in the RR-lA Single Family Rural Residential Zoning
District. �
� Page 1 of 9
. , • � � '
� O ' V
i O O
�b. - C ITY of ORONO
� , �
ti
��L �G'�' RESOLUTION OF THE CITY COUNCIL
� �kEsHOg' NO. e� � � O �
3. The property consists of an easement located within Lots 2 and 3, Block 1,
Painters Woods, a subdivision which is served by a privately owned and
� maintained road known as Creekwood Trail. The aforesaid easement consists of
an easement granted to the Minnehaha Creek Watershed District specifically for
the construction and maintenance of an outlet control structure over and across a
rectangular portion of Lots 2 and 3, plus a 20' wide ingress and egress easement;
and a drainage easement granted to the public at the time the City of Orono
approved the plat of Painters Woods in 1988.
3. The Orono Planning Commission reviewed this application on November 18, 1996
and recommended approval of the proposed variances and conditional use permits
based upon the following findings:
a. The existing pond known as the South Katrina pond is a wet detention pond
• and low dam located at the outlet of DNR protected wetland 918W, which
is a Type 3 wetland. This wetland was identified in Orono's 1975
Protected Wetland Inventory. This detention basin was constructed in 1985
as part of the Painter Creek Upper Watershed Improvement Project
completed by the Minnehaha Creek Watershed District (MCWD) with the
support of the City of Orono and other agencies.
b. Tfie South Katrina wet detention pond is due for maintenance and the
MCWD proposes to not only restore the flood storage capacity of the
detention pond but enhance water quality treatment by. enlarging and
deepening the basin. The pond will be expanded from approximately 0.18
acres to approximately 0.51 acres.
c. Construction activities will include excavation and removal of
approximately 3,900 cubic yards of dredged material and outlet structure
modification. The pond will be enlarged and deepened, and an outlet
structure will be installed that is designed to discharge the flow downstream
. in a manner that will discourage beavers from attempting to dam the creek.
d. The wet detention pond is primarily intended to allow the settling and.
retention of sediments (and therefore reduce phosphorus loading to Lake
• Page 2 of 9
. .. • ; '
� O� - .
• O O
�b. - CITY of ORONO
� � �
ti
� �� �'�' RESOLUTION OF THE CITY COUNCIL
� ��kESH�g'� NO. s� � � O -
Minnetonka) and also to enhance flood storage. Repair and maintenance
of the existing outlet structure and detention pond is required to maintain
their benefits to the public. Enlargement and deepening of the existing
basin at the same time as the currently required maintenance excavation, �
will provide additional wet storage volume and improve the water quality
in Painter Creek and Jennings Bay.
e. The Minnehaha Creek Watershed District has completed a mandatory
Environmental Assessment Worksheet. No Environmental Impact
Statement is required for the project. The Environmental Assessment
Worksheet identified two potential concerns for the City, relating to the
impacts on the site and the surrounding area during construction and
relating to the proximity of identified burial mounds.
• f. The State Archaeologist has documented the location of burial mounds and
MCWD has reduced the scope of the project area from 0.59 to 0.51 acres
in order to maintain appropriate setbacks from the burial sites. t
g. The City has legitimate health, safety and welfare concerns regarding the
impacts of construction of the project and these concerns are primarily the
impact of hauling dredge spoil material from the site to spoil disposal sites
in Minnetrista and Independence. The City is concerned that the project
may impact the private road known as Creekwood Trail and the City of
Orono public road known as Townline Road, by potentially damaging said
roads as well as leaving them in a muddy or soiled condition. Because the
project will occur during the winter, there is also a potential that droppings
from the hauling process may freeze on the road, making the roads unsafe.
Therefore, it is appropriate that the City place reasonable conditions on
project approval that protect the interests of the City and its residents.
h. Creekwood Trail is a private road that is owned, controlled and maintained
by the Painters Woods Homeowners Association. While the City has
underlying road access and utility easements, the City has not exercised its
rights to take this over as a public road. Therefore, it is appropriate that the
applicant gain approval of the Homeowners Association in order to use
Creekwood Trail as a haul route, and it is appropriate that the City
• condition approval on the Watershed District taking whatever steps are
. necessary to satisfy the Homeowners Association. ,
Page 3 of 9
� • � ' 1 •
I O�
� O O
��b. - CITY of ORONO
� � .
�� t,'�' RESOWTION OF THE CITY COUNCIL
- ��kESH��� NO. � � � O
i. The proposed project will likely remove a small number of mature trees,
i.e. trees of 6" or greater diameter. While removal of these trees is
� necessary to the project, the proximity to the protected tributary and the
potential loss of screening to neighboring properties suggest that it is
� appropriate for the City to require replacement of all removed 6" diameter
or larger trees on a tree-for-tree basis.
j. The applicants have provided the City with plans for the maintenance and
expansion of the South Katrina Basin, and those plans have been reviewed
by the City Engineer who has indicated the proposed work is acceptable
�and appropriate from an engineering standpoint.
k. Construction activity on this project is proposed to commence during the
winter of 1996-97 and be completed in summer 1997.
� 1. The site of the project is currently subject to the appropriate drainage and
conservation and flowage easements, and hence no additional easements
shall be required.
4. The City Council fmds that the conditions existing on this property are peculiar to
it and do not apply generally to other property in this zoning di°strict; that granting
the requested variances subject to specific approval conditions will not adversely
� affect traffic conditions, light, air nor pose a fire hazard or other danger to
neighboring properties, will not merely serve as a convenience to the applicant, but
is necessary to alleviate a demonstrable hardship or difficulty; is necessary to
preserve a substantial property right of the applicant; and would be in keeping with
the spirit and intent of the Zoning Code and Comprehensive Plan of the City of
Orono.
5. The City Council finds that granting a conditional use peimit to allow the proposed
pond maintenance and expansion will not be detrimental to the health, safety or
general welfare of the public, will 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 proposed level of use of the property will be in
. keeping with the intent and objectives of the Zoning Code and Comprehensive Plan
of the City.
• . .
Page 4 of 9
� °� �
� o 0
�b_ � CITY of ORONO
� � �
ti
��� ��'�' RESOLUTION OF THE CITY COUNCIL
�kESH�g' NO. � � � O
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Code Section 10.56, Subdivision 16 to allow live tree removal, ,
grading, filling and excavation within 75' of the Ordinary High Water Level of the protected
tributary known as Painter Creek where no such activity is normally allowed, and has requested
a conditional use permit and variance per Municipal Zoning Code Section 10.55 for land
alterations within a floodway and flood fringe; and has requested a conditional user permit per
Section 10.03, Subdivisions �19-21 for excavation in excess of 100 cubic yards; the above
. conditional use permits and variances to allow the expansion of an existing wet detention basin
for the purpose of sediment and nutrient removal from the aforesaid protected tributary, subject
to-the following conditions: , �
1. Maintenance and expansion of the South Katrina Basin shall substantially conform
• to the submitted plans for said basin, consisting of Sheets 1-5 of the Minnehaha
Creek Watershed District Painter Creek Maintenance and Improvement Project.
�.
2. Applicant shall work with the Painter's Woods Homeowners Association to ensure
that the interests of said association are addressed and satisfied.
3. , Applicant shall obtain a land alteration permit from the City of Orono prior to
commencement of the maintenance and improvement project.
4. Applicant and contractor shall hold a pre-construction conference with the City.
5. A haul route map and construction schedule must be submitted to the City for
approval prior to commencing work.
6. Applicant shall be responsible for cleaning the surface and/or repairing any paved
street (public or private) that becomes soiled or dainaged due to the construction
activities on this project.
7. For safety reasons, in tiines of inclement weather or early thaw, the City shall have _
the authority to stop all hauling activity on the project until such time that the City
� determines necessary.
•
Page 5 of 9
,
� °� .
� o 0
��b. - C ITY of ORONO
� � �
ti
��� ��'�' RESOLUTION OF THE CITY COUNCIL
� 9kESH�g' NO. e� � � 0 _
8. Applicant shall transmit weekly updates on the construction progress to the City.
9: Applicant shall coordinate discussions on pond maintenance in future meetings with
City staff,with the intent that future incidents of pond maintenance may be subject
to an abbreviated City review rather than the current process.
10. Applicant shall replace on a tree-for tree basis, all 6-inch diameter or greater trees
which are removed to accommodate this project.
11. Authorities granted by this resolution are granted specifically to the Minnehaha
Creek Watershed District, and are permissive only and must be exercised by
application for a land alteration permit within one year of the date of Council
approval, or the special conditions of this resolution will expire on that date
(December, 9, 1997).
• 12. 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.
13. The undersigned applicant and property owners have read, understood and hereby
agree to the terms of this resolution, and ori behalf of themselves, their heirs,
successors and assigns, hereby agree to the recording of this resolution in the
Chain of Title of the respective properties.
• ..
Page 6 of 9
� � °�
� o 0
�b. - CITY of ORONO
� � �
ti
��L ��,'�' RESOWTION OF THE CITY COUNCIL
�kESH�4 NO. � � � O
Adopted by the Orono City Council on this 9th day of December, 1996.
ATTEST: �
� ` �:
�
, ,
orothy M. a in, City Clerk Edward J. Callaha ;'Jr., or
. �
a
��_ �,
,
Propert wner(s) .. _ .
� ..
• �
Authorized Representative of
Minnehaha Creek Watershed District '
STATE OF MINNESOTA )
) ss.
COUNTY OF HEIVNEPIN ) .
The foregoing instrument was acknowledged before me on this 9th day of
December, 1996 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of
the Ciry of Orono, a Minnesota municipal corporation and said instrument was executed on behalf
of the City.
Kp�EMARY C. AUB �CZ�L�J(..�• _ 'J
T 'p - MINNESOTA
m n Expires
January 31, .
otary Publi -
• J� CARO�.E A.HASEMAN .
� NOTARYPUBIIC-MINNESOTA
, � •' • HENNEPINCOUNTY
`,���• My Commisslon Expires Jan.31,2�00
� � Page 7 of 9
� r
w ^
� O�
• O O
�b- - CITY of ORONO
� � �
ti
��L ��,'�' RESOLUTION OF THE CITY COUNCIL
� �kESHO�' NO. � � `� O
STATE OF MINNESOTA ) ,
) ss.
COUNTY OF HENNEPIN .)
On this /��s day of ��1��i�- , 199�o , before me a Notary Public
within and for said County, personally appeared ��,QIS %/GGoT.S��,/;���!/�d
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.
Rosa�t�c�r C. vueiNr�aua �
NWTARY PUBLIC - MINNESOTA /'• '
My Commlulon Explres �
January 31, 200o Notary Publi
STATE OF MINNESOTA )
� ) ss.
COUNTY OF HENNEPIN )
On this f�� day of �2 G'Q/Y( �� , 199 � , before me a Notary Public
within and for said County, personally appeared NN /�D f�.�t�t�
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.
� �
>'"� ELIZABETH A. SHAW �
NOTARY PUBLIC-MINNESOTA �� L���
` NENNEPIN COUIVTY G!.(�
My Commission Expires Jan.31,2000 •
„ ■ Notary b c
�
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this a 7�h day of J�P�r,�"., h.�r , 199� , be�for� me a Notary P�,blic
Q o�i 2 ePPPSen'f0.'t'y� o
within and for said County, personally appeared 7; 5. I�la�l��N,-„�.1��ao �{rprc �,,/�+�,�tiGd D,str�c�
known to me to be the person(s) described in and o xecuted the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
• �• CARO�.EA.HRSEMAN �1
��� .. � , NOTJIRYpUAIlC�rM4NN�SOTJ1 �/Y�n_� (_.(�; ,�.,���-r�.-�
� �� Notary Public
, ._•� ,-
�..•• N►y Comntt53ion Expfres,lan.31,T�00
Page 8 of 9
. -
� , . .
� O�
� O O
�b. - CITY of ORONO
� � �
ti
�� p'�' RESOLUTION OF THE ITY COUNCIL
, .� � ��kESHOg'� � NO. e� � �� _. .
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ��d day of�L h,,,�,�,, , 199� , before me a Notary Public �
within and for said County, personally appear d��,,,P� F. (�'� ,�; I j
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.
��I�Y�o (�. �rn��
� ��„�;.�, CAROLE A.HASEMAN Notary Public
� NOTARY PUBIPC-MINNESOTA
e=•= :- : HENNEWN COUNTY
•-�•�'° My Commission Expires Jan.31,2�00
., • ,
Page 8(A) of 9 �
RESOLUTION # 3 2 U
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County,
Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City
Council of the City of Orono with the original record of such resolution in the Minutes of the
proceedings of said City Council at a 1meeting
eet and ofsaid
the same is a truerl held on
and correct
December 9 �-
copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 11th ,
day of December 1996
"orothyM. , City Clerk
(SEAL)