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Home My WebLink About#6051-CUP/LA-2011 - 4 Doc No A9747687 Certified, filed and/or recorded on 2/2/12 4:30 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick,Acting County=Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 59 Pkg ID 771931M 1 Doc Name: Conditional Use Permit Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR LAND ALTERATION PURSUANT TO SECTION 7E-966 & 75-968 FILE NO. 11-3506 0 0 CITY of ORONO a ti ti RESOLUTION OF THE CITY COUNCIL S 04�G NO. 6 05 1 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR LAND ALTERATION PURSUANT TO SECTION 78-966 & 78-968 FILE NO. 11-3506 WHEREAS, the Orono Public Schools ISD 278, (hereinafter "the Applicant") is the owner of the property located at 685 Old Crystal Bay Road North (hereinafter the "Property") within the City of Orono (hereinafter the "City') and legally described as: The south 940 feet of Government Lot 1, Section 33, Township 118, Range 23, Hennepin County, Minnesota; subject to roads; and WHEREAS,Applicant has made application to the City for a conditional use permit for land alteration in excess of 500 cubic yards to import approximately 6,000 to 8,000 cubic yards of clean fill to grade the Property in order to create a new softball field; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission and City Council held public hearings on May 16 and May 23, 2011, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#11-3506. 2. The City Engineer has reviewed the plans and finds them acceptable. 3. The Planning Commission reviewed this application on May 16, 2011 and on a vote of 6 - 0 found that with conditions the application will satisfy the requirements for granting a conditional use permit. a. The Applicant will provide evidence of the appropriate MCWD approval prior to commencement of the project. Page 1 of 3 O O O ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL SI'iD NO. 6 Q 5 1 b. The Applicant will apply for and receive an administrative land alteration/zoning permit prior to commencement of the project. c. The project will be reviewed in reference to Chapter 78 Article XI, the City's wetlands protection ordinance, at the time of the administrative land alteratio7vzoniug permit. Wetland buffers may be required to be installed. d. The Applicant will provide an erosion control and zoning application escrow in the amount determined by the City Engineer prior to commencement of the project. 4. The City Council considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicant and the public, and the effect of the proposed conditional use on the health, safety and welfare of the community as well as the impact on properties in the vicinity. 5. The City Council finds that the proposed grading is in accord with the objectives of the RR-1B zoning district in which the site is located and with the comprehensive municipal plan and that the proposed land alteration would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a conditional use permit for land alteration in excess of 500 cubic yards to import approximately 6,000 to 8,000 cubic yards of clean fill to grade the Property in order to create a new softball field, subject to the following conditions: 1. Council approval is based on the grading plan submitted by the Applicant, attached to this Resolution as Exhibit A. Any changes or amendments to these plans will require further Planning Commission and City Council review. 2. Before the project commences, a zoning permit for land alteration must be obtained from the City and a copy of the MCWD erosion control permit provided to the City. In conjunction with the City permits,the Applicant will provide an escrow in an amount to be determined by the City Engineer or at least $2,000 and sign an escrow agreement Page 2 of 3 T • i �O� O O CITE'of ORONO ti RESOLUTION OF THE CITY COUNCIL S�IOg�G NO. 6 05 1 to ensure that erosion and sediment control measures are properly maintained, and any damage to public property is repaired. 3. Wetland buffers will be required if the project triggers the buffer requirement as outlined in City Code Section 78-1601. 4. Authorities granted by this resolution run with the Property not with the Applicant,but are permissive only and must be exercised by obtaining a land alteration permit. 5. Violation of or non-compliance with any of the terms and conditions of this resolution i shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned Applicant has read, understands, and hereby agrees to the terms of this resolution and on behalf of the Applicant and the Applicant's successors and as,s;ins, hereby agrees to the recording of this resolution in the chain of title of the Pro:prty —0,4 the Orono City Council on the 23rd day of May, 2011. 'd43 ..fir 4 �r Y J.w c' �1 r ., 4 ! t e6,°City Clerk Aaron Hale Printup, Act Mayor ` property Owner's Representat v STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this(( ay oNawErn , 2011 by on behalf of � or\<, 6 its DIANE TURNBULL Notary Public Notary Public Minnesota My Commideion Expires January 31, 201 Page 3 of 3 1 1 J ti ISI• ,. ;A\"�• i STATE OF MINNESOTA ) i ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed City Clerk of the City of Orono,Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on May 23, 2011, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the i City the':', 25th day of May , 2011. City lerk (seat)