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Home My WebLink AboutWetland buffer issue-2010-11 Memorandum � sonestroo 2335 Highway 36 W To: MELANIE CURTIS PRo�ECT: 1860& 1880 FOX STREET DarE: 9/1/10 St.Paul,MN 55113 FROM: )OHN SMYTH CLiENT: CITY OR ORONO Tel 651-636-4600 Fax 651-636-1311 RE: WETLAND BUFFER ORDINANCE Fi�E No: 139-07000-1 www.bonestroo.com Remarks: I completed a site visit at 1860 and 1880 Fox Street in August 2010 to see if they were in compliance with the Ciry Code. They have two wetlands that are classified as Manage 1 and require a 35' upland buffer. One of the wetlands is classified as a preserve and requires a 50 foot bufFer. They have not completed any of the required vegetative work in the buffer that was required as part of their approval in 2007. The turf grass within the buffer must be removed and replaced with native vegetation. According to the ordinance Div. 3 Sec. 78-1605 (3) the seed mix must contain at least 12 pounds (PLS) per acre of native prairie grass seed and 5 pounds (PLS) per acre of native wildflower seed. The grass mixture must contain a minimum of four species while the wildflower mixture must contain a minimum of five species. A landscaping plan that meets the ordinance requirements will need to be submitted to the City for review. If they do not complete this work it is recommend that we apply the enforcement options of the City Code. Christine Mattson From: John Smyth [John.Smyth@bonestroo.com] Sent: Friday, April 20, 2012 7:02 PM To: Christine Mattson Subject: Re: 1860 & 1880 Fox Street Buffer is seeded. Looks fine. From: Christine Mattson jmailto:CMattson@ci.orono.mn.usl Sent: Friday, April 20, 2012 03:10 PM To: John Smyth Subject: 1860 & 1880 Fox Street Hi John, Can you tell me where we stand with the wetland buffer projects at 1860 & 1880 Fox Street? Apparently they have potential buyers for 1860 and want to make sure the buffer issue has been satisfied. Thanks much! Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway Orono MN 55356 (physical addressJ PO Box 66 Crystal Bay MN 55323-0066 (mailing addressJ `�' 952.249.4620 � 952.249.4616 � cmattson@ci.orono.mn.us �' www.ci.orono.mn.us Office Hours: Monday- Friday 8 am to 4:30 pm Summer Office Hours begin Monday, May 21, 2012 Monday-Thursday: 7:30 am to 5 pm/ Friday 7:30 am to 11:30 am OUR OFFICE WILL BE CLOSED: Monday, May 28, 2012 (Memorial DayJ 1 j=��, � � `� `�� CITY of ORONU O ��. O ,, 1�' Municipal Offices �I r� ��`� _, r'ti'� StreetAddress: MailingAddress: `�'�� "�� ,�� 2750 Kelley Parkway P.O. Box 66 ,� +r ��,�7�`�r�` G � Orono,MN 55356 Crystal Bay,MN 55323-0066 �r��, .g,'�i;/ \EsHo�/ \ —� 23 May 2011 Stacey Eastman 5739 Oakview Lane Minnetonka, MN 55345 RE: Waldron Woods Plat/Wetland Buffer Compiiance/Revised Plan 1860 & 1880 Fox Street Stacey Enclosed are two copies of the revised, modified buffer plan for the wetland buffers at1860 and 1880 Fox Street. If you have any questions, please contact me at mcurtis(c�ci.orono.mn.us or 952.249.4627. Sincerely, CITY OF ORONO � � (s''C/G��,�L�v'"�J Melanie Curtis Planning & Zoning Coordinator Enclosures Telephone (952)249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us — --- _, ;.._ O _� � �� O �: O v, ,� �,r��,._ � � ��; CITY of ORONO '�',�, �'� ` � '�� , � Municipal Offices �� ';�i � ti � �� `"�'�.��'-��r'�` � Street Address: Mailing Address: � � 'q$Esgp4'� 2150 Kelley Parkway P.O. Box 66 �_ CITY OF ORONO � �� PO Box 66 O \` O Crystal Bay MN 55323 ��=,, ,.� PHONE NO: 952.249.4600 �` ^�'��, �� s�� " ��i f,._, � ,�c,�,.�,��.��,,,��k� t,� '�'��°��'� �' Statement Date: 12/31/2010 '�'ESHo�`' STATEMENT STACEY EASTMAN Customer No: 105282 5739 OAKVIEW LANE MINNETONKA MN 55345 Date Invoice# Description Charge Credit Balance 12/27I2010 Beginning Balance 696A0 12/27/2010 1 chgs moved to Blum 348A0 348A0 Balance Due: 348.00 PLEASE NOTE: In accodance with Orono City code (Chapter 14, Section 14-110, paragraphs A and B) at the end of each calendar year the City of Orono can assess all unpaid invoices to the property taxes of the property associated with said invoice. Please make check payable to: CITY OF ORONO PO Box 66 Crystal Bay MN 55323 Past due please pay promptly. _ __ _ _ ___ _ __ _ _ __ ____, , OVER 30 DAYS OVER 60 DAYS OVER 90 DAYS pVER 120 DAYS OVER 150 DAYS � � 00 00 00 00 00 CITY OF ORONO �� PO Box 66 O , O Crystal Bay MN 55323 ,��k .\ Phone: 952.249.4600 ,`,� .� ;`�'j�j�`f�. � '� �, +} '�F �, ' � INVOICE ,�,�,r,�: �,�,.`.��,�� ,�,�r ��,,,; �, -- �EBK� Date Number Page STACEY EASTMAN 12/16/2010 20100278 _� 5739 OAKVIEW LANE Customer No. 105282 MINNETONKA MN 55345 PAY BY: 01I15/2011 Quantity Description Unit Price Net Amount 1 Engineering Consultant 08-3369 1880 Fox Wetland Issue 81.00 81.00 1 Engineering Consultant 08-3369 1880 Fox Wetland Issue 410.00 410.00 1 Engineering Consultant 08-3369 1880 Fox Wetland Issue 205.00 205.00 Balance Due 696.00 PLEASE NOTE: In accodance with Orono City code (Chapter 14, Section 14-110, paragraphs A and B) at the end of each calendar year the City of Orono can assess all unpaid invoices to the property taxes of the property associated with said invoice. Invoices not paid by the due date are subject to a finance charge equal to 10% of the invoice total. MAKE CHECK PAYABLE TO: CInOFORONO IIIIIIIIIIIIIIIIIIIIIIIIIIIIII Po aoX ss Crystal Bay MN 55323 � City of Oronc. Subdivision Application Street Address: Application# �g'"�� O�Q� 2750 Kelley Parkway Date Received �j^ (Z,.�g O Orono, MN 55356 Amount Paid: �� ,, Staff: L-f Main: 952-249-4600 Fee: � fax: 952-249-4616 Renewal: �� Mailing Addr�ss: ��kESH�4� P.O. Box 66 Crystal Bay, MN 55323-0066 This application form must be completed in full. PROPERTY INFORMATION: Site Address: _ 1860 and 1880 Fox Street Property Identification Number(PIN): 03-117-23-42-0007 and 03-117-23-42-0002 (Attach legai description to application if not included on the survey.) Date Property Acquired (month/year): �Abstract or ❑ Torrens, please check one Present use of property: �Residential ❑ Other Zoning District: RP,-1B APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name: Luci Chorley Phone (home): 763-238-0807 Phone (work): Address: 2022 Medina Road, Medina, TIIV 55340 Email: chormom@yol.com Fax: OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: See attached Supplement Phone (home): Phone (work): Address: Email: Fax: EXISTING LAND USE: Number of Tax Parcels: 2 Development Size: 13.5 Acres Dry Land 9• �Z Acres Wet Land �� Acres TOTAL, all parcels Present Use (check one) L� Residential; Number of Units: 2 ❑ Other: (Specify) Present Zoning District RR1B Proposal: ❑ Division for Tax Purposes � Lot Line Rearrangement Only (no new building sites) ❑ Subdivision for New Building Sites Number of Building Sites 2 Existing Units �� New Units 2 Total units JUN 1 2 2008 Proposed Gross Density 2 Units per Acres Minimum Lot Size � Square Feet Dry Buildable Land CITY O� ORONO Proposed Use (check) � Residential ❑ Other(specify) 10 ' ' MINIMUM MATERIAL REQ�iKED FOR COMPLETE PRELIMINARY APPLI(,ATION 1. Payment of fees (refer to"application fees"listed below). 2. Completed application form. 3. Preliminary plat information on Certificate of Survey. 4 Certified P�operty Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance, Government Center,A-603 300 South 6"' Street, Minneapolis, telephone 612-348-5910). 5 As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. MINIMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if applicable). 2. Signed Certificate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit. APPLICATION FEES (Zoning Administrator to check[X)those which apply) A. Application Base Fees: TOTALS Sketch Plan Review (Class I, II & III) $350.00 Subdivision of a Lot Line Rearrangement$600.00 Subdivision ApplicaEion (Class i & II) $600.00 Preliminary Subdivision Application$750.00+$30.00/lot(Class III &all non-residential) Final Plat Application (Class III) $250.00 Legal Review and Filing: Subdivision only$140.00 Subdivision w/easements and covenants; minimum$280.00+any additionai costs Park Fees (to be determined per Section 82-227) Legal and Engineering Review Fees (as incurred) Renewal of Class I, II, & III Subdivision and of a Lot Line Rearrangement Appiication $300.00 B. Speciai Improvement Fees: Proposed Private Roads$650.00+$.50 per lineal foot; lin. ft. x .50=$ Proposed Public Roads $950.00+$.50 per lineal foot; lin. ft. x .50= $ Request for City to Accept Existing Private Road $950.00 Proposed Sanitary Sewer Main Extension$275.00 +$25/stub Proposed Watermain Extension $275.00+$25/stub Proposed Storm Sewer System (excluding culverts) $250.00 On-Site System, Site Evaluation Review(applicable to rural subdivisions) $60/per lot x_new lots C. Flexible Application FeeslMiscellaneous Fees Variance$600.00 Vacation of Public Road $75 per benefiting property ($600 minimum per application) Easement Vacation Associated with a Subdivision �100.00 PRD Application with Subdivision $35.00 per dwelling unit The applicant hereby agrees to provide all information required or requested by Planning Department Staff, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. ApplicanYs Signature: � Date: �" ��-D� Owner's Signature: (See attached Supplement) Date: Applicant must have all submittals into the City Office 25 days before the Planning Commission meeting. Planning Commission meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicanf is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the City Planner assigned to your project of this change prior to the meeting. l '��evE� �un� x � zoos CITY p� p�,p�� SUPPLEMENT TO SUBDIVISION APPLICATION The following are the owners of the property to be platted as Waldron Woods subdivision, and are executing this Supplement to the Subdivision Application for final plat approval by the City of Orono as of June 1 l, 2008: � � E. J p LaFave, Trustee of the Helen Snyder Waldron Qualified Personal Residence Trust dated March 15, 2000 and Trustee under Article 4 of the William L. Waldron, Jr. Qualified Personal Residence Trust under Agreement dated March 15, 2000 Address: 225 South Sixth Street. Suite 4000 Minneapolis MN 55402 Phone: l.p !d� 3`39-J1 I�,� _� ,—�'LJ C�i �G��a��N`�V� Lucinda W. Chorley Mic ael Chorley Address: 2022 Medina Road Medina, MN 55340 Phone: 763-238-0807 92E��e!!�� J U N fl 2 200� Ci�Y OF ORONO y � Supplement to Subdivision,.pplication, continued W• Stacey W. astman � ,�,�� , `t/`-�-� ` �,, .'_�- Patrick Eastman Address: 5 7 3� ��/ �Q,YZ( VY1.t1C�� v�n� ��5 Phone: �So� — CI�j�I ' �� Wendy W. Burton, by Lucinda W. Chorley, her attorney in fact Address: 2022 Medina Road Medina. MN 55340 Phone: 763-238-0807 017 524/2 5 0001/95 8 831 1 RE��eV�� J U N � 2 2008 �ITY OF OROFJO � °� 0 0 C ITY of ORONO � �.,. ,� � �� ' , � �h MunicipalOffices ti '' �� G Street Address: Mailing Address: ��`q�EsgO�'��"�� 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 13 September 2010 Lucinda Chorley SENT VIA U.S. CERTIFIED MAIL NO: 2022 Medina Rd 7002 0510 0001 6305 9869 Hamel, MN 55340 RE: Waldron Woods PIatlWetland Buffer Compliance 1860 Fox Street Recently, city staff performed a wetland buffer compliance inspection at your property and discovered that the wetland buffer improvements required as part of the 2008 plat of Waldron Woods (1860 & 1880 Fox Street) had not been completed. There are at total of three wetlands on the properties. Two wetlands are classified as manage 1 and require a 35' buffer; the other is a preserve classification which requires a 50 foot buffer. The plat triggered the buffer improvement requirement in Orono's wetland regulations. In order to bring the property into compliance with the wetland buffer requirements the turf grass was to be removed within the required buffer areas and re-vegetated with the seed mix according to City Code 78-1605(3). Please submit a landscaping plan which meets the attached code requirements for review and approval. This plan should be submitted by September 30th. Please be advised, if you fail to comply with the wetland buffer requirements, the City will enter the property and fulfill the requirements. The costs to do so will be assessed to your property. I have attached copies of the Waldron Woods final plat resolution and the wetland buffer conservation easement and covenant documents, and the relevant wetland code sections for your reference. If you have any questions, please contact me at mcurtis aC�.ci.orono.mn.us or 952.249.4627. Sincerely, CITY OF ORONO , elanie Curtis Planning & Zoning Coordinator Attachments c: Stacey Eastman, 5739 Oakview Ln, Minnetonka, MN 55345 US Mail Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us . �� Doc No 9197408 10/23/2008 03:41 PM � � ( �,V� Certified filed and or recorded on above date: Off+ce of the County Recorder Hennepin County, Minnesota Michael H, Cunniff, County Recorder TranslD 451029 Deputy 55 Fees . $35.5Q DOC $10,50 SUR $46.00 Total � 1 • � ` � (reservect_for recording infnrmation) � GRANT aF PERMANENT FLOWAGE AND C�NSERVATION EASEMENT AND RESTRICTIVE COVENANT FOR WETLAND AND WETLAND BUFFER Jr�-. INSTRUMENT made this�_day of June, 2008, b}T and between: E. Joseph LaFave, Trustee of the Helen Snyder Waldron Qualified Personal Residerice Trust dated March 15, 2000 and Trustee under Article 4 of the WiIliam L. Waldron, 3r. Qualified Personal Residence Trust under Agreement dated March 15, 2000; Lucinda W. Chorley and Michael Chorley, wife and husband; Stacey W. Eastman and Patrick Eastman, wife and husband; and Wendy W. Burton, a single person (the"Grantors"), and the CITY OF ORONO,a I��innasota municipal corporation("City"). WITNESSETH: The Crrantors,owners of the real properiy legally described on the attached Exhibit A,and in consideration of good and valuable consideration paid by the City, the receipt and sufficiency of which is hereby acicnowled�;ed, hereby create and grant unto the City a permanent flowage and conservation easement t'or the purposes set forth in this irzstrument, over, under, and across the wetlands and wetla�zd buffers located an that portion of the real property legally described in the attached E�ibit B {the "easement premises"). The Crrantors, on behalf of themselves, their heus, successors and assigns, hereby covenant and agree as follows: 1. That the following activities are pralubifed in pezpetuity within the boundaries of the wetland: A. Canstructing, ii�stalling, or maulta.ining anything made by man, including but not limited to buildinas, structures, walkways, fences, retaining walls, fireplaces, clothes line poles, playground ec�uipment, roads, hardcover of any kind, underground utility lines and dis�s'ibution equipment, light poles, traffic signals, traffic regulatory signs, mailboxes; except: 1) feeders, bird houses, and ofher devices intended to foster wildlife; and 2) docl<s or boardwalks when allowed by City ordinance and under a valid City permit. Lot 2 1 , , B. Cutting, mowing or xemoving slarubs or other vegetatian, and cutting, desiroying or removing trees greater than four inches in diameter, except for tree disease control by or as directed by a governmental agency, provided, however, Grantors may remove brusl�, diseased or dead trees of any size, and no�ious weeds. C. Excavation or filling or material alteration of grade, including changes to the sizc, depth or contaur of the wetland; dredging, mining or removal of earth, loam, peat, gra�el, soil or any other natura.J material. D. The deposit of waste,yard wasie, or debris. E. Activity detrimental to the screening of the neighboring properties. F. Application of fertilizers, whether natural or chemical. G. Application of chemicals for tlie destructzon or retardation of vegetation. H. The application of herbicides, pesticides, and insecticides, except for noxious weed control by or as directed by a governmental agency. I. Outside storage of any lcind. J, Activity detrimental to the preservation of the scenic beauty, vegetation, and wildlife. 2. That the following actavities are prohibited in perpetuity within the boundaries of the wetland buffer: A. Constructing, installing, or maintaining anything made by man, including but not limited to buildings, structures, walk��ays, fences, fireplaces, clothes line poles, playground equipment, roads or hardcover of any nature wha.tsoever, except: 1) feeders, bird houses, and other devices intended to foster wildlife; 2) docks or boardwallcs when allowed by City ordinance and under a valid City permit; 3} retaining walls when allowed by City ardinance and under a valid City permit. B. Cutting, mowing or removing shrubs or othez vegetation, and cutting or removing trees greater than four inches in diameter, except for tree disease _ control by ar as directed by a governmental agency, provided, however, Crrantors may remove brush, diseased or dead trees of any size, and zloxious weeds. C. Excavation or filling or material alteration af grade, including changes to the size, depth or contour of the wetland; dredging, mining or removal of earth, ioam,peat, gravel, soil or aaiy other natural material. D. The deposit of waste, yard waste, ar debris. E: Activity detrimental io the screening of the neighboring properties. F. Application of fertilizers,whether natural or chemical. G. Application of chemicals for the destruction or retardation of vegetation. H. The application of herbicides, pesticides, and insecticides, except for noa:ious weed coiztrol by or as directed by a governmental agency. I. Outside storage of any kind. 3. Activity detrimental to the preservaiion of the scenic beaut��, vegetation, and wildlife. Lot 2 ` , • 3. The wetland buffezs, as legally described in Exhibit B, shall be established and, when required by City Orclinances, each shall be improved to become an "acceptable buffer area" as described within City Ordinances,and sha1l thereafter be main.tained by Grantors in perpefuity free from mowing or other vegetative disturbance, fertilizer appiicafion, yard or other waste disposal, the placement of structures or any other alteration that impedes the function of the buffer in protecting the qualit}�of water in the wetland or buffering flows into the wetland:� 4. Grantors for themselves, their heirs, successors and assigns, further grant the City the affirmative right, but not the obligation to do the following on the easement premises: A. Preserve, improve, and enhance the slope, trees, vegetation, and natural habitat by altering, clearing, and reinoving trees or other vegetation, by changing the contour of the land, and by planting trees or other vegetation. B. Enter upon the easement premises at any tirne to enforce compliance with the terms of this instrument. 5. Grantors reserve for themselves and for their heirs, snccessors and assigns and their invitees,the right to enter upon the easement premises and to do and perform on the easement premises such acts as are not inconsistent with the easement rights granted to the City herein. Such uses sha11 be deemed to include, but not be linuted to planting of trees, flowers, and other vegetation consistent with a conservation easement; walking along trails and paths; bird watching; the study of nature; and all other acts of a similar nature or purpose. 6. Grantors hereby grant, gift, quit claim and conve��to the city, a perpetual flowage easement and righi and privilege to trespass with water over and upon any or all of the easement premises. 7. Grantor(s) herein do laereby remiss, release, acquit and forever discharge, forever, the City and any and aIl of its off cers a.nd emplo,yees of and from any and all claims, demand or causes of action of any Icind or nature whatsoever which xr�ay arise or accrue by virtue of any flowage or trespass with water within the boundaries of fhe easement premises. 8. Grantor(s) do not intend that the public should have any interest in the above land by virtue of this indenture or otherUvise, except as hereinabove set forth. jSignature page follows - The remainder of this page is intentionally left blank] Lot 2 3 IN WITNESS WHEREOF, the parties hereto have set their hands effective as of the day and year set forth above. �RANTORS: 7 � E. seph LaFave, Trustee of the Helen Snyder - Waldron Qualified Personal Residence Trust dated March 15, 2000 and Trustee under Article 4 af the William L. Waldron, 3r. Qualified Personal Residence Trust under Agreement dated March 1�, 2000 STATE OF MINNESOTA ) )ss. COUNTY OF�� `� The foregoing insh-ument was acl:nowledged befoxe me tliis � day of �ti,,,..�.._.. , 20Q8,by E. Joseph LaFave, Trustee of the Helen Snyder Waldron Qualified Personal Residence Trust dated March 15, 2000 and Trustee uncler Article 4 of the Vi�illiam L. Waldroii, Jr. Qualified Personal Residence Trust under Agreemen.t dated March 15,2000. �/ �—�. r NOTARY PUBLIC ' � . � �C�E..A W. I�,J�IV�T�C} � � �JT'RU'�Y RUE3:.lC•t�lWNESOTk � 14r CwnmkWoai�t�kaa Jen.3f,20t0 s� aae�Ne►Hwr�n�n�p�wrVlr,nn�v� 4 Lot 2 I Exhibit B Le�al Descrintion of Wetland and Wetiand Buffer—Lot 2_ W�TLAND: All that portion of Lot 2,Block 1, WALDRON WOODS, shown and dedicated on the plat of WALDRON WOOD5 as Drainage Easement. WETLAND BUFFER: That part of Lot 2, Block 1, WALDRON WOODS, which lies westerly�f the following described line; Con7mencing at the most westerly corner of said Lot 2; thence on an assumed bearing of North 40 degrees 59 minutes 25 seconds East along the westerly segment of the northwesterly Iine of said Lot 2 a distance of 728.13 feet to an angle point in said northwesterly line; ihence North 66 degrees 03 minutes 44 sec<�nds East along a segment of said nortliwesterly line a distance of 1�891 feet to the point of begiz�i�ing of the line being described; thence South 8 degrees East a distance of 75.OQ feet; tl�ence South 3 de�rees East a distance of 45.51 feet; tlience on a hearing of South a distance of 82.�8 feet; thence South 2 degrees V�Test a distance of 70.00 feet; thence Sout1�60 degrees West a distance of 26.00 feet; thence South 4 degrees East a distance of 170.00 feet; thence South 27 degrees East a distance of 22.00 feet; thence Soutl� 8 degrees East a dista�lce of 30.00 feet; thence. South 23 degrees East a distance of 65.00 feet; thence South 5 degrees East to its intersection with the soutllerly line of said Lot 2, and said line there ending. ALSO That part of Lot 2, Blocic 1, WALDRON WOODS, described as follows; Commencing at the most westerlv corner of said Lol 2; thence on an assumed bearing of North $9 degrees 42 mii�utes 27 seconds East along the souiherly line of said Lot 2 a distance of 68Q.�4 feet to its ii�tersection with the southerly segment of the southeasterl��line of said Lot 2;thence North 3 de�ees 48 minutes 21 seconds West along said southerly segment a distance of 330.02 feet to an angle point in said southeasterly Iine;thence North 40 degrees West a distance of 24.66 feet to the point of be�inning of the easement being described;thence North 2 degrees East a distance of Lot 2 9 \ ' • , . 55.79 feet;thence on a bearing of North a distance of 83.36 feet; thence North 3 degrees West a distance of 43.22 feet;thence North 8 degrees West to its intersection with a segment of the northwesterly line of said Loi Z;thence North 66 degrees 03 minu�es 44 seconds East along said segment a distance of 11.90 feet;thence South 20 degrees East a distance of 18.00 feet; thence Souih 17 degrees East a distance of 54.OQ feet; thence South l5 degrees East a distance of 37.00 feet; thence South 1 degree East a distance of 29.OQ feet; thence South 22 degrees East a distance of 25.00 feet;thence South 48 degrees East a distance of 27.40 feet; thence South 38 degrees East a distance of 26.00 feet; thence South 4 degrees East a distance of 23.00 feet; thence South 50 degrees West a distance of 47.00 feet; thence North 70 degrees West to its intersection with a line drawn on a bearing of North 52 degrees East from the point of beginning;thence South 52 degrees West to the point of beginning, ALSO That part of Lot 2, Block 1, WALDRON WOODS,which lies easterly of the following described line; Commencing at the northeasterly corner of said Lot 2; thence on an assumed bearing of South 0 degrees 09 minutes 37 seconds East along the easterly line of said Lot 2 a distance of 210.00 feet fo the poiilt of beginning of the line being described;thence South 89 degrees West a distance of 33.00 feet; thence 5outh 76 degrees West a distance of 34.00 feet; thence South 80 degrees ��est a distance of 44.00 feet; thence South 40 degrees VVest a distance of 41.00 feet; thence South 28 degrees West a distaalce of 34.00 feet;thence on a bearing of West a d'zs�ance of 12.00 feet; thence South 49 degrees West a distance of 24.00 feet;thence South 58 deb ees West a distance of 32.00 feet; thence South 26 degrees West a distance of 61.00 feet; thence Sautli SI degrees East a distance of 98.00 feet;thence South 40 degrees East to its intersection with the easterly segment of the southeasterly Iine of said Lot 2, and sa.id line there ending. 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F�X STREET E _ � ,� . ws , . � � � °� o �. o � � ciTY of URUN� � � n �. � RESOLUTION OF THE ClTY COUNCti. ��t �G~ 5 9 � '�k'.�sHo4 rvo. 5 7 A RESOLUTION APPROVING THE PLAT OF WALDRON WOODS FILE#08-3369 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota.; and WHEREAS, the City Council of the City of Orono {hereinafter "City Council"} has adopted subdivision and land developrnettt regulations far the orderly, econornic and safe development of land within the City; a.nd WH�REAS,the Ciry Council has considered t11e application by Lucinda Chorley, (hereinafter the "Developer") for subdivision ofproperties located at 1864 Fox Street and 1880 Fox Street and legally described as follows: 1860 Fo� Street: Lot 1, Block 1, Waldron Addition, also that part of the South Half of said Northwest Quarter of,Southeast Quarter of Section 3,Township I 17 North,Range 23 West of the Sth Principal Meridian wluch lies westerly of a line drawn fiom a point on the North Iine thereof a distant 670.64 feet East of the Northwest corner of said South Half of the Northwest Quarter of the Southeast Quarter to a point in the South line of said South Half of the.Northwest Quarter of the Southeast Quarter distant 715.57 feat East of the Southwest corner of said South Half of the Northwest Quarter of the Southeast Quarter, Hennepin County, Minnesofia 1880 Fo� Street: The South Half of the North Half of the Northwest Quarter of the Southeast Quarter of Section 3, Tovvnship 117 Not1;h, Range 23 West of ihe Sth Principal Meridian, Hennepi�l Count��, Minnesota(herei�lafter the "Property"); a.nd VVHEREAS, on November 13, 2�07 the City Council adopted Resolution No. 5686 granting Preliminary Plat Approval for the proposed developmeni of a 2-Iot plat, consisting of two residential lots for single family residential purposes; and Page 1 of 3 � . ,�, , , � � °� � o �� ° CITY o� �RONO � =�. � �� G�' RESOLUTION OF THE CITY COUNCIL ��EsHO�' NO. c� ,� -5 q .. `VVHEREAS, the Developer has completed or has ageed to complete all oflier requirements of the platting regulations of the City including: 1. Completion of all platting requirements of Preliminary Plat Resolution No. 568b. 2. Dedication on the plat of perimeter Drainage and Utility Easements as required in Resolution No. 5686. 3. Designation and dedication an fhe plat of wetlands subject to City and other agency jzu-isdiction, and g-anting of the standard Pennanent Flowage and Conservation Easement atid Restrictive Covenants for wetlands a��d wetland buffers, 4. Dedication of trail ea.sements on the westerly I O feet of Lot l, Block 1 and tlle southerly 10 feet of Lot 2, Block l, 5. Provision to the City of a title opinion for the Property and certified copies of all recorded easements currently affecting the-Prope�ty, 6. Subrnittal of any grading plan revisions that may be required by the City Engineer. 7. Provision of cross easements for the driveways. NOW, THEREFORE, BE IT RESOLVED that based on the findings of Resolution No. 5686, the City Council of the City of Qrono does hereby approve the plat of WALDRON V�TOODS, Hennepin County, Mizmesota (a copy of which is attached as Exhibit .A) subject to the following eonditions: 1. The approvals granted in this Resolution shall become effective only when a11 coi�ditions of approval.requiring actions by the Applica.nts liave been satisf ed. 2. The City Clerk shall release the p3at documents for filing only upon certifi cafion by the City Attorney, Plaiming & Zoi�ing Coord'znator and Cily Engineer that aIl requirements of ihe platting regulations have beei� satisfied. 3. The aforesaid plat shall be filed by the Czty of Orono with the Hennepin County Rebistrar of Titles Office on or before January 14, 2009 iogether with a certified original copy of this resolution and executed copies of the easements and covenants pertinent thereto. Page 2 of 3 , � � o� 0 0 '� CITY of URONO ��_ �. r . �r ti �� Gti RESOLUTION OF THE CiTY COUNCIL `4�Esg104' NQ. � �' S 9 The approval granted by this Resolution sliall expire if the conditions of �his Resolution have not been met or the plat has not been filed by tY1e date specified above. In that event, it will�be necessary to file a new application with the City of Orono for subdivision review. Adopted by the City Council of Orono this 14th day of July, 2008. ATTEST: ;. / . .� ,d a l!✓.�.� ,�',.�..)�/I . ��t2.�� Linda S. Vee, City Clerk J les M. White, Mayor Page 3 of 3 Fbr► �x F� R.T.DOC.NO. 1NALDR(JN WOODS I I KNOW ALl F'ERSON6 BY TH'c5E PRE5ENT5:The1 Bs 7Nctee oFllie 1hf111am H V+deron �� WA deted Augusl id,1892,as arended and rested i�om me m�7'i�me,Tee a+mer oF V�n followi�g dPsafbed I ' Pmperb'siWated m me Coimlr of Nermeoin.Stale of NGrmaola,m wit !at 1,B�ock 1,WALDROH AuwTION,elw thel part of Ihe 5ouN Half of B�s Nmtlm�est QuaAer ol ihe SouU�e 4 I��D _�_v��^ . ._. M ».µ w�� o,a,rs____ ___--- J � 4uartM of Secbai 3.iw�n�fp 717 NOM,Range 23 YJesl of Ue 5�h Proxipal Meridian which�e5 we_ste�ly ui a I r--—a� Iine drawn hom e pdnt on the North Iine thereaF dstant 670.641eet East af the NorC�west wmer oi said SouEi � 'i �� \� - � �r ' Half of the NartFmrt Quartn a(H�e SouMmast 4uarhx lo a poirt tn the SouUi nne of aafE Soutl�f idf ot U�e � Y,p��PQ w ie"�.i.+..i""" �'� _�. �he Nc�p�rt�u�ertg d the SoW�east Q ardpe'r��71557 fiet Eest of the SauMwast eomer o!said Sw7�Ha7(of .v� Mvikee�a::�r�...�K_ I�� i � ALSO """q J / Ti�e 9ouih}ialf a7 ihe North Hall o(tlie North+vest��m1e of fe 9outlieast�uaAer of saM Sectlon 3, � 8 4, 0 �bp � -'��-�i��._ �`g`s,�,� '� C /� /+ Has call�d tlie�na to ea wrveyed and plafleA as YYAtORON NAO�S,md dc�hert6Y donate ard dedrale R� � i MM+,,,K��, r\ f' I I 5 tl�a public for Dudieuce fom�M�!puN'p way�and ihe tlrainy�r e ane utlllry eaaements as riown on tlie Plal. � p�r� �.� r rsH�,k� In witrins whereol ssid ,es Trustee o(iha NMliam H.YJaldton TNst ha�heraur�eat Ms � �� s !p hand tNs_tlay of 2(IQ �}I �� rrn,•.n.a.... ""� �� ' � 8 SIGNED ` / N�, u z twsm�_ .w�� c— d i !___iA- __ ._- m // _--_-F.',.bah.ME Tnl:dna �.'+',Q�r..,vaaw,s.a /, rwm.0 nw�� 'A r (.M ��. ,_ . . .�5`�s� -�S�;.r�'4..�° STATEOF ��'-O s • o �'' . : , ct tm - � COUNtt OF�The toregdn9 irehumenl wa9 admowledged before rre Ihls dey of � �Gqp,"q `� ' " ` y yp� asTnmleoMNelMRamH.WaldvnTnnf,on�efiaNaM � _ � ' �B �yy . � �ti�� / x -- li INst '_ 4 F. � e,a�d �a �v �A «n••' n �PuD1k,__CourriY.__ � �I: n� � e��,.,n � �$ `�� I Myoairm:ssona�iras �y� e ;S --O p � �,�� , 1i • � 1 her�y certi y Miat thfe p�at of NlALOF20N nD0�3 is a eortc�t reprraenfetlon of Ihe bounEery survey;tliat a�l �; �� - � � $�: /� ,� maUi�sieli al dotu erM la6ela are mnectly dasignated on iha p�el;thatsll mantmienh deptled on IM plet heva a nss w mm � been orwill be mriedly sM wllhin one ydrt ns indlrated m�he p�aC mal atl watet CouxJarieb and wet IerMs es � � e � � . • " o1Ne date of tlie surveyor's cxrtlficalion e�e s1w�m and lahded on tlie plak ifrat all pWfk wsys are shoxn erd �1 r�.. o \� �� ,- .. . . labeied an the piat I fuhher artlfy that B�b plat wea prepered bv me or isder mr&rec!eupmrle'on,end Uat I 2 F � I em e duy li�ereed Land Surveyor u�er�he lawa of the S�te o1 Nfimasda. I . �s 1 \ - •• unuaanx�-'�{ I � �.�r � I` � � Mark S GronOe�g,leM Sirveyor� ngineer I��v`�'_ �'r � I 4 Mirv�95o6�L'K nsa N�rtrd�er 12155 . %� . � �� bl� STATE OF MINNESOTA) q,, I 4 Cot1NTY OF HENNEPIN}"fhelmegninB SurveyoCs CerOflnte was acJmowledged Dehxe me�ha 1` t s � dey af 2p0�by MaAc S G.mberg,LaM Sirveyor and Engineer. I" e � a ' I - ��n�e"u°;"' ` NotaryPuhllc, County,M#nnew� a,,.,.,..,,, =,� NN mmds�on e�ires ORONO,MINNESD7A J a . �'FOX STF2EE ""E. � a a a----� _ m�s��r�x wavaoN w000s a�aPpovea ena e�ma y me ary ar omno.m�nnmom,ae n reflmm � . , xe�cae na.r q ____�___� _�._-_-_ � A •.'. —� _ "i�-'. IilEC11119 hCld II�iS __d!Y Df __ 700 If eppikehle�tl�e writlen comment�end --�— rewmm�latianrs af the Commisaioncr MTrenspoiratlon end�e Cwnty Hlglnvey Enpncerhava Ee�iecelved iece � $ �� -�E� � bry Ne Gh'or tlre Pie.wibed 30 d�Y PenoO haa elapswJ wiY�.out receiPt of a�ld�cannwr�ls and � I IBCOmRMnAabpns,Bs prwiAP.A Ay AMIxM9ot2 S�aNta_5,Sectlon 505.03,Suh.T CRY COUNGL OF iH[qiY OF ORONO,MINNESOTA / ,Mayor \� � - a.mi�v...w+.c..s'�P... ' ' Clak �� IAXPAYF.R SFRVICFS hFPARIMFM,NENNEPIN COVNTY,MINNESOTA I lieieby ceriify tlpl E»s payat�e 6�200_erM prlor yean have Dean paltl for Iaid desaba0 on IMa pleL balad yda My ot 2J0 ---�LL L AC�ER�SbN,H�ARE�IN CA'GN7Y AVO(iOR I ��M�-�-f L—I � _.._...__..�.D SURVEYDIVISION.tlL NEF'IMCOUNTY,�Nt�SpTA ��y pureisrtt to MINN 9TAT.Sec.3B?H.565(1fle91.�fs piat haa Eaen approvaE Mis dar ad : omm.imnna��n�eaw�a , 2W ° m;�a,aXO„°„^�',��,�,�,,,,�,�,��ea��,,,� 1MWM1 P.BROVYN,HENN�M COUNTY SURVEYOR o�.n+w�n�b.a �n.ne..�n� 9y � " � CDUNTY RECOHUEH,HENNEPIN COVNi'�, iN FSOTA I hereb7 certlfy Mat ihe within plet af WALDRON WtiDD3 was fil�!or rem�d in this office Uils -II Wyof . 200�st odack .kL -�L�`—� idICHAEL H.CUNNIFF,HENNEPIN LOUNiY FtECORDER a.,�y e.,a��w�an�.oo,.m�,s��mew.�e 9y .Deyuty ,ma.+�w��o-no��a Ma�aoax�ro+o��a b�an..M eCl��9a�e��^��no�mlmovre�WefiAmbO � �p GRONBERG 8�ASSOCIA7ES,INC. ENGINEERS,LAND SURVEYDf�S,PLANNERS =S1 � LTi , � . A RESOLUTION APPROVING THE PLAT OF WALDRON WOODS FILE #08-3369 STATE OF MINNESOTA ) ) ss COUNTY OF HEI��"EP1N } The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adapted at the meeting of the Orono City Council on July 14, 2008,with the original thereof on file in my office, and the same is a correct taanscription thereof. WITNESS my hand officially as such City Clerk axzd the Corporate seal of the City this 28`h day of Julv , 2008. C��,�.��. �. G�?. City Clerlc (seal). � ARTICLE XI. WETLANDS PROTECTION DIVISION 1. GENERAI..LY Sec. 78-1601.Purpose and intent. (a) The purpose of this section is to recognize,preserve and protect the environmental,aesthetic and hydrologic functions of the ciry's wetlands by regulating the use of wetlands and their adjacent properties in conjunction with the goals of the environmental protection plan within the community management plan.These functions include,but are not limited to, sediment control,pollution control,filtration,fish and wildlife habitat and aquifer recharge.The surface water management plan will provide guidance for stormwater treatment requirements and wetland restoration opportunities in order to protect the integrity of wetlands. (b) The intent of this section is to protect wetlands to the maximum extent possible while allowing a reasonable use of the property. This section adopts the regulations and standards of the Wetland Conservation Act of 1991 (WCA),Laws of Minnesota 1991,chapter 354,as amended,and the rules adopted pursuant to the WCA. It also establishes a wetland overlay district.This overlay district further regulates the underlying land use as allowed by other districts or the WCA. (c) This article applies to, and wetland buffer areas must be created or existing buffer areas must be maintained around,a protected wetland located partially within,wholly within,or directly adjacent to the property in the following situations: (1) When the wetland is required to be replaced or restored,or when the wetland is being altered; (2) When new development occurs.For purposes of this subsection,new development means: a. Any subdivision that creates a new lot that has no principal structure on it; b. Construction of a principal structure on an existing vacant parcel of land; (3) When redevelopment occurs that has the potential to adversely impact a wetland. For purposes of this subsection redevelopment means the removal of the principal structure to the extent of more than 50 percent of its market value and volume and reconstruction on the same property. This requirement does not apply if construction is the result of less than 75 percent of the building being damaged by an involuntary force,such as fire,wind,or vandalism; (4) When any construction or land alteration activity that does not fall within the meaning of'redevelopment'has the potential to adversely impact a wetland. For purposes of this section, °the potential to adversely impact a wetland" exists when all of the following three conditions exist: a. The portion of the property disturbed by construction or land alteration activity drains to the wetland; and b. The amount of grading exceeds�0 cubic yards or the construction activity involves the disturbance of more than 5,000 square feet of area; and c. The redevelopment activity results in a net increase in the square footage of impervious surfaces that drain to the wetland,or results in the relocation of impervious surfaces closer to the wetland,or results in changes to drainage patterns(slopes,meander patterns,etc)that the city engineer determines will increase the velocity or rate of runoff to the wetland. For new development,all wetlands on the properiy shall be subject to the buffer requirements. For redevelopment or other grading or construction situations that are not new development,only the wetland that is potentially adversely impacted shall be subject to the buffer requirement. In the event that the wetland is on an adjacent property but near enough to the subject property so that buffers to said wetland would extend into the subject property,the buffer requirements apply. (Ord.No. 28 3rd series, § 1, 8-22-2005) DIVISION 2. DESIGNATION OF PROTECTED WETLANDS Sec.78-1602.Wetland types. The wetlands protected and regulated by this section are types 1,2,3,4, 5, 6,7,and 8 wetlands,as defined in circular 39, "Wetlands of the United States", 1971 edition,United States Department of the Interior,unless the wetland is within a shoreland district in which case the more restrictive rules regarding setbacks would apply. Protected wetlands are further defined as follows: (1) Type 1--Seasonally flooded basins oi-floodplains:Type 1 wetlands are seasonally flooded basins or flats in which soil is covered with water or is waterlogged during variable seasonal periods but usually is well-drained during much of the growing season. Type 1 wetlands are located in depressions and in overflow bottom lands along water courses.Vegetation varies greatly according to the season and duration of the flooding,and includes bottom land hardwoods,as well as herbaceous plants. (2) Type 2--Inland fresh meadow:Occurs along the shallow edges of lakes,marshes and floodplains, or in perched depressions.The soil is usually without standing water during much of the growing season,but is waterlogged within at least a few inches of the surface. Vegetation includes grasses, sedges,rushes and various herbaceous plants. (3) Type 3--Inland shallow fresh marsh: Soil is usually water logged during the growing season,often covered with as much as six inches or more of water.Vegetation includes grasses,bulrushes,cattails,arrowheads,smartweeds and other emergent aquatic vegetation. (4) Type 4--Inland deep fresh marsh: Soil covered with six inches to three feet or more of water during growing season. Vegetation includes cattails,reeds,bulrushes and wild rice. Open water areas may contain pondweeds, naiads,coontail,water milfoils and other submergent aquatic vegetation. (5) Type S—Inland open fresh water: Water is usually less than ten feet deep and is fringed by a border of emergent vegetation. Vegetation includes pondweeds,naiads,coontail, water milfoils and other submergent aquatic vegetation. (6) Type 6--Shrub swamp: Occurs along sluggish streams or on floodplains. The soil is usually waterlogged during the growing season, and is often covered with as much as six inches of water.Vegetation includes alder,willow and dogwood. (7) Type 7—Wooded swamp: Occurs along sluggish streams, on floodplains,on flat perched depressions and in shallow lake basins. The soil is waterlogged to within a few inches of its surface during the growing season and is often covered with as much as one foot of water. Vegetation typical to this wetland includes tamarack,white cedar,black spruce,balsam fir,red maple and black ash. (8) Type 8--Bog.• Occurs along sluggish streams,on flat perched depressions and shallow lake basins. The soil is waterlogged and supports a spongy covering of mosses. Vegetation typical to this wetland type includes sphagnum moss,heath shrubs and sedges. Minnesota bogs contain leatherleaf, Labrador tea,cranberries and pitcher plants. Scattered stunted black spruce and tamarack also are common features of bogs. (Ord.No.28 3rd series, § 1, 8-2?-2005) Sec. 78-1603.Boundaries of the wetland overlay districts and designation of official city wetland map. This section establishes wetland overlay districts.These districts are subject to additional requirements beyond those required by the WCA. The boundaries of the wetland overlay districts are identified graphically on the official city wetland map (CWM)which is hereby adopted by reference,a copy of which shall be kept on file in the office of the city clerk and shall be available for public review during all normal office hours. Wetlands in addition to those shown on the city wetland map may exist, and may be identified by wetland delineations under WCA rules.If a specific wetland delineation has been done under WCA rules, then the boundaries of the wetland overlay district for that location will be as shown in the delineation. The city may require wetland delineations to determine compliance with WCA rules and to determine administrative wetland boundaries; however, property owners may have wetland delineations done for their properties on their own initiative. The delineation must be done by a qualified professional according to WCA rules and be acceptable to the planning director,who may require review by city consultants or a teehnical evaluation panel if necessary. Approved WCA wetland delineations must be provided to the city in a hard copy format and a CAD or GIS format in Hennepin County coordinates. The planning director will have the approved WCA wetland delineations shown on the official city wetland map.Public waters are not included in the overlay district,unless a wetland is part of a public water. (Ord.No. 28 3rd series, � 1, 5-22-2005) Sec.78-1604.Interpretation of wetlands boundaries. Whenever a wetland boundary is disputed or uncertain,the planning director may require the submission of a registered survey of the property and field staking showing the city-designated wetland contour or a delineation of the wetland,and such other information as the director may require in order to resolve the dispute or uncertainty. The planning director may require review by city consultants or a technical evaluation panel if necessary.No boundary change may be authorized on the basis of fill that was placed on the site after the city designated the area as part of the wetland overlay district. Persons aggrieved by a decision of the planning director may appeal such decision in accordance with the provisions of section 78-99 of this chapter and the WCA rules. (Ord.No.28 3rd series, § 1, 8-22-2005) DIVISION 3. BUFFER AREAS Sec.78-1605.Wetland buffer areas. (a) This subsection establishes requirements for wetland buffer areas around protected wetlands.Buffer areas are necessary and beneficial to maintain the health of wetlands. Buffer areas protect the edge of wetlands from erosion while filtering sediment,chemicals and other nutrients from runoff that drains into wetlands. Buffer areas can improve the biological diversity and health of a wetland environment while reducing the adverse impacts of human activities. (b) Buffer areas regulated by this section are areas of vegetative cover that are upland of the wetland edge,and that occur in a natural condition or through restoration.Buffer areas consist of shrubbery and trees,native grasses and/or forbs that are not mowed,fertilized or manicured in any manner. Mowing,fertilizing,manicuring,or vegetation removal within a buffer area is not allowed unless the city has issued a permit for such activity in conjunction with an approved buffer management plan. (1) Acceptable buffer areas shall have the following qualities: a. A continuous dense layer of perennial grasses that have been uncultivated or unbroken for at least ten consecutive years,or b. An over story of trees and/or shrubs with at least 80 percent canopy closure that have been uncultivated or unbroken for at least ten consecutive years,or c. A mixture of the plant communities described in a. and b. above,which have been uncultivated or unbroken for at least ten consecutive years. (2) Unacceptable buffer areas have the following qualities,including but not limited to: a. Undesirable plant species(including but not limited to reed canary grass,common buckthorn,purple loosestrife,leafy spurge and noxious weeds),or b. Lacking a layer of organic thatch or duff, or c. Topography which tends to channelize the flow of surface runoff,or d. Is characteristically unlikely to retain nutrients and sediment. (3) Buffer areas which have been broken or cultivated within the past ten consecutive years must be restored to a condition consistent with an acceptable buffer area defined in section 78-1605(b)(1),a restoration or landscape plan must be submitted to the planning director,which restoration shall include,replanting and maintaining according to each of the following guidelines: a. Buffer areas shall be planted with a seed mix containing 100 percent perennial native plant species, except for a one-time planting of an annual nurse or cover crop such as oats or rye. b. The seed mix to be used shall consist of at least 12 pounds pure live seed(PLS)per acre of native prairie grass seed and five pounds PLS per acre of native forbs.Native prairie grass and native forb mixes shall contain no fewer than four and five species respectively. c. The annual nurse or cover crop shall be applied at a rate of 20 pounds per acre. d. Native shrubs and or trees may be used in addition to forbs and grasses. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows. e. Native prairie grasses and forbs shall be planted by a qualified contractor. f. No fertilizer shall be used in establishing new buffer zones,except on highly disturbed sites when deemed necessary to establish acceptable buffer vegetation and then limited to amounts indicated by an accredited soil testing laboratory. g. All seeded areas shall be mulched immediately with clean straw at a rate of one and one-half tons per acre.Mulch shall be anchored with a disk or tackifier. h. Buffer areas(both natural and created), shall be protected by silt fence during construction and the fence shall remain in place until the area crop is established, and at that time the fence shall be removed. (c) Buffer area widths will be based on the wetland protection strategies established in the Orono Surface Water Management Plan(SWMP) (December 2002). A protection classification has been assigned to each wetland in Orono based on the stormwater susceptibility and functional assessment for each wetland. The four protection classifications are described as follows: Protection Classification Susceptibility Rating Description "Preserve° Highly Susceptible Highly susceptible to both quantity and quality impacts from runoff; have the highest degree of protection "Manage 1" Moderately Susceptible Moderately susceptible to quantity and quality impacts;protection is less stringent than Preserve,provides protection to maintain their characteristics "Manage 2" Slightly Susceptible Less stringent protection than Manage 1 wetlands;maintenance of characteristics is desirable "Manage 3" Least Susceptible Wetlands are significantly degraded (e.g.,cultivated or canary grass monotype) or lack of wetland characteristics;not typically impacted by runoff; no quantity and only limited quality treatment of runoff is required The protection classification for each wetland will be found on the"Wetland Management Classification Map&List" which is hereby adopted by reference, a copy of which shall be kept on file in the office of the city clerk and shall be available for public review during all normal office hours. The following are the required buffer area widths for each protection classification: Protection Classification Width of Buffer Area Additional Protection from Wetland Boundary Requirements(B= Bounce=Change in water level due to runoff event)(P=Phosphorus) "Preserve" 50 feet B: Maintain bounce at or below existing conditions P: Limit loadings to predevelopment loading (0.14 Lbs./Ac/Yr) "Manage 1" 35 feet B: Maintain bounce at or below existing conditions plus 0.5 foot P: Limit loadings to predevelopment loadings times 2 (0.28 Lbs/Ac/Yr) "Manage 2° 25 feet B: Maintain bounce at or below existing conditions plus 1.0 foot P: Limit concentration to predevelopment concentrations(200 ppb) "Manage 3" 16.5 feet B: No quantity requirement P: Limit concentration to 225 ppb (d) In cases of new development or redevelopment the city shall require that vegetation in the wetland buffer be installed prior to the issuance of the certificate of occupancy. The city may waive this requirement in lieu of a cash escrow or letter of credit equal to 150 percent of the cost to install the required buffer. (e) The city may allow the disturbance of an existing buffer area during the course of construction activity. This disturbance must be kept to a minimum, soils must be decompacted to a level that will accommodate root growth,and the buffer area must be re-established as required by the city.The ciry will determine the amount of allowable disturbance.The city may require a cash escrow or letter of credit equal to 150 percent of the cost to re-establish the buffer to its original condition. (fl The city may require buffer area planting and maintenance when the city determines that there is inadequate vegetation in the buffer area to meet the intent of this section. The city may require a cash escrow or letter of credit equal to 150 percent of the estimated cost of the vegetation and installation. The escrow or letter of credit must be valid for up to two years and may be used by the city to replace any vegetation that dies. (g) The affected property owner or homeowner association that is responsible for the maintenance must: (1) Maintain and repair damage to buffer areas from such activities as mowing,cutting,grading or other prohibited activities,unless mowing is approved by the city as a buffer management plan.Permission must be obtained from the city before implementing buffer management plans,which may include mowing,burning,and the use of herbicides. (2) Maintain only the permitted vegetation in the buffer area and must remove all noxious weeds and invasive,non- native species such as European buckthorn,upon obtaining a vegetation removal permit from the city in conjunction with an approved buffer management plan. (3) Ensure that all soil surfaces in the buffer area are planted with the permitted vegetation and that there is no open soil surface that may result in erosion. (4) Ensure that livestock or other domesticated animals which have the potential to permanently disturb the buffer area by compaction or vegetation removal be kept from entering the buffer area and wetland by a fence or other suitable means. (h) The final upslope edge of the buffer shall be provided to the city in a hard copy and in a CAD or GIS format in Hennepin County coordinates. (i) Golf course partial exemption. Public and private golf courses existing and in operation on the date of adoption of this article shall be allowed a partial exemption from buffer creation and maintenance requirements with regards to mowing or cutting buffer vegetation in areas subject to golf play, subject to the following: (1) At such time that this article requires establishment of a buffer,applicant shall submit a certificate of survey identifying the location, size and type of the wetland for which buffer exemption is requested. (2) Applicant shall submit a buffer management plan for city council approval, identifying those areas where exemption is requested and providing for alternative methods of wetland protection equivalent to an unmowed buffer. (Ord.No. 28 3rd series, § 1, 8-22-2005) DIVISION 4. USES Sec. 78-1606.Permitted uses. (a) Within the wetland overlay districts no land may be used except for one or more of the following uses: (1) Native wetland vegetation,provided that no change is made to the ground elevation; (2) Wildlife and nature preserves; (3) Overhead utility lines and poles that are less than two feet in diameter; (4) Docks which provide reasonable access to the lakeshore and do not exceed eight feet in width; (5) Public and private flood control structures,ponding and drainage facilities and associated accessory appurtenances as approved by the city; or (6) Environmental monitoring or control facilities,including those related to water quality and wildlife regulation. (b) Within wetland buffer areas no land may be used except for one or more of the following uses: (1) Native vegetation,provided that no change is made to the ground elevation; (2) Wildlife and nature preserves; (3) Boardwalks, docks or other reasonable access to the wetland not exceeding eight feet in width,poles that are less than two feet in diameter to be used for boardwalks and bridges; (4) Public and private flood control structures,ponding and drainage facilities and associated accessory appurtenances as approved by the city; (5) Environmental monitoring or control facilities, including those related to water qualiry and wildlife regulation; (6) Overhead utility poles and lines that are less then two feet in diameter,under-ground utility lines and distribution equipment, light poles,traffic signals,traffic regulatory signs,mailboxes and other equipment that provides an essential public service; (7) Retaining walls if the city determines that the retaining wall will protect the wetland from conditions of erosion, when approved as part of a wetland permit application. (Ord.No.28 3rd series, § 1, 8-22-2005) Sec. 78-1607.Conditional uses. (a) Within the wetland overlay districts and the wetland buffer areas no land may be used for the following except by conditional use permit and except in conformance with the standards specified in section 78-1608 of this article: (1) Private and public recreational uses, including golf courses,impervious trails,picnic grounds and boat ramps; (2) Public utilities, including necessary structures; (3) Other non-structural facilities similar to those permitted by this section which also meet the intent of this section, as determined by the city; or (4) Public structures associated with recreational uses permitted by this section or by section 78-]606 of this section that are designed in an environmentally sensitive manner and will withstand periodic flooding,except for structures designed or used for habitation or the storage of equipment. (5) Unpaved hiking, skiing and horseback riding trails which comply with WCA standards. (b) No conditional use permit will be granted unless its approval will not adversely impact wetlands,the wetland buffer area,and surrounding properties,the intent of this article or the goals and policies of the community management plan. If applicable,granting of a conditional use permit will be conditioned upon approval of the request by all other appropriate regulatory governmental agencies, including but not limited to the Minnehaha Creek Watershed District(MCWD),the Lake Minnetonka Conservation District(LMCD),or the Minnesota Department of Natural Resources. (Ord.No. 28 3rd series, § 1, 8-22-2005) DNISION 5. STANDARDS FOR THE WETLAND OVERLAY DISTRICT,BUFFER AREAS AND NEIGHBORING LANDS Sec. 78-1608.Standards. The following standards apply to all land within the wetland overlay districts,wetland buffer areas,and to neighboring lands: (1) Protection of wetlands and wetland buffer areas. a. Except as modified or regulated by the standards of this subsection,all requirements of the underlying zoning district apply. b. No structures are allowed in the wetland overlay districts,or wetland buffer area except those allowed as of right or by conditional use permit by sections 78-1606 or 78-1607 of this article. c. Activities including,but not limited to,building(other than a boardwalk or dock),paving,mowing, vegetation removal,filling,dumping,yard waste disposal ar fertilizer application are prohibited, except that certain such activities may be permitted when approved by the city as a buffer management plan. Invasive non-native vegetation, such as European buckthorn and noxious weeds,may be removed by obtaining a vegetation removal permit from the city. d. Before grading or construction near a wetland overlay district ar buffer area,the owner or contractor must place erosion control fencing on the upland side of the perimeter of the wetland overlay district or wetland buffer area,which ever is more restrictive,or as required by the city. This fencing must remain in place until all development activities that may affect the wetland and the wetland buffer area have been finished and adequate vegetative cover has been established at which time the fencing must be removed. e. All structures must have a minimum basement floor elevation not less than one foot above the 100-year flood elevation. £ All hard-surface runoff must be treated in accordance with the requirements of the city and the appropriate watershed district. Treatment may include site retention, skimmers, weirs or sedimentation ponds of appropriate scale. Structures and ponds serving this purpose must be properly maintained and serviced by the property owner. g. Discharge into the wetlands must occur at a rate no greater than allowed by the city engineer in accordance with the city's surface water management plan and the appropriate MCWD requirements. (2) Setbacks. a. All buildings(principal and accessory),must be setback at least 20 feet from the upslope edge of the wetland buffer. Exceptions:Play structures(including sport court type structures),grade-level decks, patio slabs,driveways, sidewalks and parking lots. b. A setback from the buffer area is not required for overhead utility poles and lines that are less than two feet in diameter,underground utility lines and distribution equipment, light poles,traffic signals,traffic regulatory signs,mailboxes, entrance monuments meeting section 78-1405(8)and other equipment that provides an essential public service. c. A setback from the buffer area is not required for fences or retaining walls. (3) Nonconformities. a. Effect of wetland boundary expansion. An existing structure,driveway or parking area meeting the required setback from a city-designated wetland boundary or buffer area is considered a legal nonconforming development if a later wetland delineation or implementation of a wetland buffer shows that the wetland or its buffer is closer than the required setback. b. Existing nonconformities. An existing structure,driveway or parking area that does not meet the required setback from a city-designated wetland boundary or buffer area,is considered a legal nonconforming development. c. Avoiding future nonconformities. In order to avoid the creation of future nonconformities, in situations where development,redevelopment or construction activity does not trigger the establishment of a buffer,the following setbacks shall apply: 1. All new buildings shall maintain a setback from a delineated wetland boundary equivalent to the width of the buffer area per the chart in section 78-1605(c)plus the required 20 foot buffer setback. 2. All new non-structural impervious surfaces and those structures listed as exceptions in section 78-1608(2)(a)above shall maintain a setback from the delineated wetland boundary equivalent to the width of the buffer area per the chart in [section] 78-1605(c). d. Buffer flexibiliry. Where existing structures or surfaces are located within an area that would be required for establishment of a buffer under this article,alternative methods of wetland protection may be approved by the city council to avoid creating unreasonable impacts on the existing use of a property. Such methods may include but are not limited to buffer width averaging redirection of drainage to an area where buffer is feasible,use of rain gardens,cisterns or rain barrels,etc. (Ord.No. 28 3rd series, § 1, 8-22-2005) Sec. 78-1609.Removal of lands from the wetlands overlay district. (a) Removal of wetlands from a wetland overlay district(i.e.by filling,etc)requires a zoning amendment and an amendment of the official city wetland map.The amendments must be made pursuant to the provisions of section 78-43 of this chapter and WCA replacement rules. These amendments must be consistent with the purpose of this article,the city's surface water management plan and the goals and policies of the community management plan.In determining the appropriateness of a rezoning request,the city council will consider the size of the wetland overlay district, the magnitude of the area proposed for removal, hydrological and ecological effects and the type and function of wetlands involved in order to provide the maximum feasible protection. (b) Wetlands within an overlay district may only be removed according to WCA rules and if at least an equal area of wetland replacement is created to compensate for the wetland being filled.Unless otherwise approved by the city council, compensatory wetland area must be provided within Orono and within the same subwatershed(Painter's Creek,Long Lake Creek, Classen Creek, Lake Minnetonka)as the wetland being altered,if available. (c) In addition to application requirements, the city may require submission and approval of the following information: (1) A copy of the wetland replacement plan application submitted to the MCWD; (2) A concept plan showing the ultimate use of the property; (3) A grading plan, in hard copy format and a CAD or GIS format in Hennepin County coordinates,with appropriate drainage calculations and erosion controls prepared by a registered engineer; (4) A landscaping or revegetation plan; � . . � (5) Such other information as may be necessary or convenient to evaluate the proposed permit;and (6) A MnRAM assessment approved by the MCWD. (Ord.No.28 3rd series, § 1, 8-22-2005) Sec. 78-1610.Alteration of wetlands. (a) No alteration of land within a wetland overlay district or a wetland buffer is allowed without a wetlands alteration permit,subject to recommendation by the planning commission and approval of the city council. The planning commission must hold a public hearing after notifying the property owners within 350 feet of the property on which the proposed alteration will occur. Activities that constitute an alteration regulated by this section include changes to the size,depth or contour of the wetlands or its buffer,dredging or alterations of wetlands or buffer vegetation.Alterations do not include wetland planting or the selective clearing or pruning of trees or vegetation that are dead,diseased,noxious weeds or similar hazards. A wetland alteration permit is not required when a wetland district is rezoned to another zoning classification. (b) Alteration of land within a wetland overlay district will only be allowed if water storage is provided in an amount compensatory to that removed. Unless otherwise approved by the city council,compensatory wetland area must be provided within the same subwatershed district as the wetland being altered. In determining the appropriateness of an alteration request,the city council will consider the size of the total wetland district,the magnitude of the area proposed for alteration,the aesthetic, hydrological and ecological effect,the type and function of wetlands involved,and such other factors as may be appropriate in order to provide the maximum feasible protection to the wetlands. Application for a wetlands alteration permit must be accompanied by such information as required by the city, including: (1) A copy of the wetland replacement plan application submitted to the MCWD; (2) A concept plan showing the ultimate use of the property; (3) A grading plan, in hard copy format and a CAD or GIS format in Hennepin County coordinates,with appropriate drainage calculations and erosion controls prepared by a registered engineer; (4) A landscaping or revegetation plan; (5) Such other information as may be necessary or convenient to evaluate the proposed permit;and (6) A MnRAM assessment approved by the MCWD. (Ord.No. 28 3rd series, § 1, 8-22-2005) Sec. 78-1611.Public control of wetlands. (a) The city council may require that the owner of any property affected by this article must establish wetland and buffer area easements or restrictive covenants to be recorded within the property's chain of title. These easements or covenants must describe the boundaries of the wetland and buffer area; document the obligations of the property owner with regards to the wetland buffer; and prohibit any building,paving,mowing(unless approved as a buffer management plan),cutting, filling, dumping,yard waste disposal or fertilizer application within the wetland and the buffer area.The owner or developer must record these easements or covenants with the final plat,with deeds from a lot division or, if no subdivision is involved,before the city issues a grading permit or building permit for an affected property. The applicant must submit evidence that the easement or covenant has been submitted to the county for recording. (b) If the city council does not require an easement or covenant, the city may record a notice of the wetland and buffer area requirements against the property. The property owner must still comply with the requirements of this section. (Ord.No.28 3rd series, § 1, 8-22-2005) Sec. 78-1612.Wetland buffer markers. When new development or redevelopment results in multifamily residential or a business use,the developer must place markers at the upland boundary of the wetland buffer edge at least every 200 feet, subject to city approval. The developer must submit a location plan in hard copy format and a CAD or GIS format in Hennepin County coordinates and must use uniform markers provided by the city. The city will charge a reasonable cost for the markers and approve the location of the markers prior to installation. (Ord.No. 28 3rd series, � l, 8-22-2005) Sec. 78-1613.Violations. � Violation of the provisions of this article or failure to comply with any of its requirements(including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. (Ord.No. 28 3rd series, § 1, 8-22-2005) Sec. 78-1614.Authority/enforcement actions. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: (1) In responding to a suspected article violation,the planning director and the city may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines,injunctions,after-the-fact permits,and/or orders for corrective measures to the guilty party. (2) When an article violation is either discovered by or brought to the attention of the planning director,the planning director shall immediately investigate the situation and document the nature and extent of the violation of the official control.As soon as is reasonably possible,this information will be submitted to the MCWD along with the communiry's plan of action to correct the violation to the degree possible. (3) The planning director shall notify the suspected party of the requirements of this article and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development,the planning director may order the construction or development immediately halted until a proper permit or approval is granted by the community. If the construction or development is already completed,then the planning director may either. (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls;or(2)notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30-days. (4) If the responsible party does not appropriately respond to the planning director within the specified period of time,each additional day that lapses shall constitute an additional violation of this article and shall be prosecuted accordingly. The planning director shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this article. (Ord.No. 28 3rd series, § 1, 8-22-2005) Secs.78-1615--78-1630.Reserved.