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• AGENDA ITEM 6B STAFF ORIGINATOR: John Powell, City Engineer COUNCIL MEETING DATE: January 10, 2000 TOPIC: Conditional Use Permit for Grading, North of Main Street, North Suburban Development VOTE REQUIRED: Simple Majority — 3/4 BACKGROUND: The site grading for the Highland Meadows subdivision will require wetland mitigation. The Wetland Conservation Act (WCA) requires the creation of new wetlands, or an expansion of existing wetlands, to "replace" any wetlands filled by grading activities. The proposed mitigation area for the Highland Meadows project is located as shown on the attached map. It is generally located in the northeast corner of the southeast corner of Section 5. This area is zoned R -1, Single Family Residential and is within the MUSA. However, its use for residential development is severely limited due to nearby wetlands. Section 12.B of the City's Zoning Ordinance states "When five thousand (5,000) • or more cubic yards of material is to be removed or deposited on any lot or parcel, a conditional use permit shall be required ". The proposed mitigation site will require movement of about 20,000 cubic yards of material and therefore requires a conditional use permit (CUP). If the mitigation grading were confined to the Highland Meadows plat site a CUP would not be required. Within this area of Lino Lakes the WCA is administered by the Rice Creek Watershed District (RCWD). The grading proposed as part of this wetland mitigation plan was reviewed and approved with stipulations by the RCWD. The Planning and Zoning Board held a Public Hearing at their December 8, 1999 meeting. A copy of the draft minutes of this meeting are attached. The Planning and Zoning Board approved this Conditional Use Permit, with a 7 -0 vote, with the following conditions: 1. The proposed activity must conform to any and all requirements of the Rice Creek Watershed District. 2. The grading activity, including any hauling of materials, is restricted to the City's allowed working hours as follows: Monday- Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sundays /Holidays No working hours allowed •