Agenda Packets - 1999/08/23 - Laserfiche WebLink

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Oakwood Vacation Request Lots 17& 18,Edgewood Square August 23, 1999 Page 2 its Local Water Management Plan which comprehensively deals with all aspects of drainage, stormwater runoff and wetlands within the City. Along with the Wetland Zoning Ordinance, which was adopted by the City in 1992 and revised in 1997, certain types of development under certain conditions are allowed within and alongside wetlands. Vacating a portion of the original easement over and across Lots 17 and 18 would not necessarily be inconsistent with either the Local Water Management Plan or the Wetland Zoning Ordinance. The applicant had the wetland on these lots delineated in 1997 and the delineation was forwarded to the Rice Creek Watershed District, who verified the delineation to be valid. The new delineation, which is shown on the site plan as a heavy dashed line, indicates that almost all of Lot 17 is outside of the wetland, save for a small encroachment toward the back of the lot. SEH, the City's engineer, reported that the grading and drainage proposal provided by the applicant was acceptable from an engineering standpoint, and recommended that if it was the City's intent to grant such a vacation to allow development on the two lots, that an additional ten-foot easement area around the wetland be dedicated to ensure a natural vegetation strip beyond the delineated boundary of the wetland. The central focus of this request then can be narrowed down to two issues. First, do these lots continue to serve any hydrological purpose within the City's local water management plan, and if not, would a partial easement vacation be in the best interest of the public? Secondly, should the City continue to protect the existing open space? Even if the lots do not currently serve a hydrological function other than to act as a natural buffer protecting the wetland, there is the possibility that in the future, additional stormwater ponding or flood storage capacity would be needed at this location in conjunction with the easement areas. If the City was to determine that the lots should be developed, and that the drainage easements intended to be vacated did not serve a hydrological purpose and that an easement vacation would be in the best interest of the City, a wetland alteration permit would be required for any development to occur on the sites. According to Chapter 1010 of the Municipal Code relating to the Wetland Zoning District, any work occurring within a wetland or the 100-foot buffer surrounding a wetland, a wetland alteration or wetland buffer permit is required. The scope of the proposed work as presented involves the filling and excavation of a previously identified wetland area. In order for the City Council to approve a wetland alteration permit request, the proposed development shall comply with the requirements as specified in Section 1010.08, Subd. 4. It appears that these requirements can be met in the event the City does approve of the easement vacation. Planning Commission Action: This request was brought before the Planning Commission on August 4, 1999 to receive their input, given the potential change to the use of the land. A public hearing was held, during which many residents spoke out against the proposal due to the proximity to the wetland and the loss of the natural buffer protecting the wetland. After taking public testimony and hearing a presentation by the developer, the Planning Commission unanimously moved to recommend denial of this vacation and wetland alteration request. The minutes of this meeting are attached for Council review.