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Home My WebLink About#4146-CUP-1998 1 . //��-� ' /.� O� _ �o � o. � �� - ��.�� C ITY of ORONO � : '� r3 ►�'�! e�' �, j,; �� G'�/' RESOLUTION OF THE CITY COUNCIL \t�9IfES_H�/ NO. � � !� � � A RESOLUTION GRANTING A CONDITIONAL USE PERIVIIT PER MiTNICIPAL ZONING CODE SECTION 10.03 SUBDIVISIONS 19-21 FILE NO. 2398 `VHEREAS, Wayzata Country Club (hereinafter the "applicant") is owner of the property located at 200 West Wayzata Boulevard within the City of Orono (hereinafter "City") and legally described as follows: EXHIBIT'A' ATTACHED (hereinafter the "property"); and `VHEREAS,the applicant has made application for a conditional use permit for land alterations regulated under Zoning Code Section 10.03, Subdiv�sions 19-21for the purpose of constructing or reconstructing tees and bunkers, and to permit the expansion of 3 pond areas on the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#2398. 2. The property is located in the RR-1B Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on August 17, 1998 and recommended approval of the conditional use permit for the tee and bunker construction/reconstruction elements of the proposal based on the follo�ving findings: a. The tee and bunl:er plan involves reconstruction of existing tees and bunkers and/or the creation of new tees and bunkers on each of holes #1-18. Page 1 of 6 i�� ' i. /�, 0,�. , . /O O\, � � �� - 1�, C ITY of ORON� I � ti�j \� �'��' RESOLUTION OF THE CITY COUNCIL \`9�SH�/ NO. �' � Q- s � b. No parts of the tee and bunker plan involve excavation within designated City wetlands or in wetlands designated by the National Wetland Inventory. c. Each of the many individual grading projects (which as a group comprise the tee and bunker plan) appear from the submitted grading plans to have no impact on neighboring properties, and none w-ill result in changes in the characteristics of the watershed. A majority of individual projects will involve fill in amounts less than 500 cubic yards. d. The proposed expansion of ponds on holes#5, 6 &12 �vill require additional detailed review as well as potentially require permits from other agencies with jurisdiction over wetlands. The ponds on#6 and #12 are NWI �vetlands and that on#6 is also a City-protected wetland. e. The proposed tee and bunker construction/reconstruction proa am is intended by the applicant to take place over a period of years, and it would be appropriate that the City approve the entire master plan for such construction/ reconstruction and allow City staff to issue a separate land alteration permit each year to the applicant for project elements proposed for that year,without requiring additional Planning Commission or Council revie�v. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission,reports by staff and comments of the applicant and the effect of the proposed use on the health, safety and welfare of the community. 5. The City Council finds that granting a conditional use permit for the construction and/or reconstruction of tees and bunkers as proposed will not be detrimental to 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 property, nor�vill it depreciate surrounding property values and that the proposed level of use of the property will be in keeping�vith the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Page 2 of 6 , i��\ � � , . ��O o�, �� s - ',j C ITY of ORONO �I,� � , �� "�/� RESOLUTION OF THE CITY COUNCIL \�kESH�� NO. � �. � �J CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grants a conditional use permit per Section 10.03, Subdivisions 19-21 to permit the construction and/or reconstruction of tees and bunkers per the Master Plan by John Fought Design dated December 5, 1997. Approval is subject to the following conditions: 1. The tee and bunker reconstructions are approved per the submitted plans, subject to issuance of a land alteration permit to be obtained annually by Wayzata Country Club prior to commencing that specific year's projects. Any plan revisions would, at staff discretion, be subject to further Planning Commission/Council review. 2. The submittal for each year's plans shall include a more detailed survey for those portions of the course�vhere grading will be neaz lot lines,to ensure that lot lines aze staked and that grading will not encroach�vithin 5' of those lot lines. 3. The applicant is advised to have this concept plan reviewed by, as a minimum, the Minnehaha Creek Watershed District,the DNR and the City of Wayzata to establish �vhether any additional approvals are required for the tee or bunker program by those agencies. 4. All grading work shall be subject to conformance �vith the "Best Management Practices for Protecting Water Quality in Urban Areas", and proper erosion controls and immediate revegetation of all disturbed areas shall be required. 5. The ponds to be expanded on holes#5, 6, and 12 are specifically not included in this approval. Land alteration work involved with these pond expansions will require additional engineering detail and review by other jurisdictional agencies prior to approval. Note that specifically in the case of the pond on hole #6, the expansion of the pond requires a variance since it is a City-protected wetland. 6. Authorities granted by this resolution run with the property not�vith the owner, but are permissive only and must be exercised by application for an initial annual land alteration permit �vithin one year of the date of Council's approval, or the special conditions of this resolution will expire on that date (August 24, 1999). Page 3 of 6 i�� ' /� o � - % o �,e� - CITY of ORONO ,� .. �, I ti '� RESOLUTION OF THE CITY COUNCIL / �t�kESH�4�'� NO. [�. � � � -. �—� 7. 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. 8. The undersigned authorized representative of Wayzata Country Club has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns,hereby agrees to the recording of this resolution in the chain of title of the property. Paae 4 of 6 � /�O ; � � . ;O O`�� b - , � ;� C ITY of ORONO �� - , ��,� ti!- �� ,��% RESOLUTION OF THE CITY COUNCIL '��sK� No. 4 � � 6 � Adopted by the Orono City Council on this 24th day of August, 1998. ATTEST: , � � .V �� L�r a S. Vee, Ci Clerk Gabri Jabbour, Mayor � � � r I Property Owner(s) ��r j t'7�-(�n�i�'� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of August, 1998 by Gabriel Jabbour and Linda S. Vee,Mayor and City Clerk of the City of Orono,a Minnesota municipal corporation and said instrument�vas executed on behalf of the City. �' .�.-`,'_'�'.',��. CAROL �� 1<��_.��,losy�� E A.HASEMP,N ,� �` r`__•�;�_ . NOTAFYFUBUC-MINPtESOTA NOt Public , �=,.�,�;;� HENNFPIN COUNTY � � -�� fdy Cr,rrmissicn E.pires J2n.31,2000 i c --�--_...-. ._�--=C"'"'_--,��,;w_-�,�.!-.:;.�.�:� Page 5 of 6 " . � ��,�//` o�\� . / Y_ � � . �O � 4�\ � � e - 1�� CITY of ORONO ',,�� ,i; `,�\,�� Gti j RESOLUTION OF THE CITY COUNCII \ �9 4��'/ N O. Q.__�_„� �� sH� ... . �-- — STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ,�� day of �,�G„Sf , 199� , before me a Notary Public �vithin and for said County,personally pa peared �� , ,' � � � known to me to be the person(s) described in and who execu ed the foregoina instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �R �� CAROLE A.HASEMAN �� ,� aJ C. ,��-./or��.cJ '�;J-',e�;�`, NOTfiAYPUBIIC-MINMESOTA NOt Public � ;.'.{: HENNEPIN COUNTY �' �, _ ` 1.',Ccmmission Erpires Jan.31,20G0 1 c•.. -'_..��"'_'^�'^ A..�.�.,.....�s<:c:c:ca STATE OF NIINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 , before me a Notary Public �vithin and for said Counry,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 6 of 6