Loading...
HomeMy WebLinkAboutResolution 2492 . . . . . ~ ; RESOLUTION NO. 2492 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A WETLAND ALTERATION PERMIT FOR EVEREST DEVELOPMENT, MOUNDS VIEW BUSINESS PARK SOUTH WHEREAS, the Developer, Everest Development, has requested approval of a wetland alteration permit to carry out grading work associated with the development proposal for Mounds View Business Park South~ and WHEREAS, the City Council, Planning Commission, City Staff, and the City's Engineering Consultant have reviewed this development request~ and WHEREAS, this development must conform to the requirements of Chapters 48 and 49A because this development is in a wetland zoning district~ and WHEREAS, Chapter 48.05, Subd. 5 A, Band C requires all land proposed to be subdivided and lying within a wetland zoning district to have the following: A. Minimum lot size - 20,000 square feet B. Minimum lot width - 125 feet as measured at the building setback line C. All structures shall be setback at least 100 feet from the wetland~ and WHEREAS, the City Council has seen fit to develop these requirements to regulate the wetland because the Council has found the following: Chapter 48.01, Subd. 2 The Council finds that wetlands within the City, as part of the ecosystem, are critical to the present and future health, safety and general welfare of the land, animals, and people within the City, as well as within the Rice Creek Watershed District~ that existing and potential development within the City and Rice Creek Watershed District poses increasing ecological and economic problems and demands, having the effect of potentially despoiling, polluting, accelerating the aging, eliminating or negatively and irretrievably altering both the wetlands and their functions (and the processes associated therewith) which, if conserved and maintained, constitute important physical, educational, ecological, aesthetic, recreational, and economic assets for existing and future residents of the community and the Rice Creek Watershed District~ and . . . RESOLUTION NO. 2492 PAGE TWO WHEREAS, the City Council has found the intent of Chapter 48 to be the following: Chapter 48.01, Subd. 2A To preserve wetlands in as natural a state as possible to serve as natural retention and detention areas for surface waters~ to regulate the use of areas adjacent to the wetlands in order to protect the natural function of the wetlands~ to provide for the protection, preservation, proper maintenance and use of wetland zoning districts~ to minImize the disturbance to them and to prevent damage from exceSSIve sedimentation, eutrophication, or pollution~ to prevent loss of beneficial aquatic organisms, wildlife, and vegetation of the habitats of the same~ to provide for the protection of fresh water supplies from the danger of drought, overdraft, pollution, or mismanagement~ to secure safety from floods~ to reduce the financial burdens imposed upon the community through rescue and relief efforts occasioned by the occupancy or use of areas subject to periodic flooding~ to prevent loss of life, property damage, and the losses and risks associated with flood conditions~ to reduce the financial burdens imposed upon the community through correction of erosion problems that, with proper foresight, could be avoided~ to avoid the financial burden of the need for the community to reclaim its water quality~ and to preserve the location, character and extent of natural drainage courses~ and WHEREAS, the developer has requested a wetlands alteration permit to work within the 100 foot setback requIrement because he claims exceptional circumstances apply to the property which do not apply generally to other properties~ and WHEREAS, in the granting of a wetland alteration permit, the City Council must find the following, 40.26, Subd. D: (1) Exceptional or extraordinary circumstances apply to the properties which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property, since enactment of this Code, have no control. (2) The literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Code. . . . RESOLUTION NO. 2492 PAGE THREE (3) That the special conditions or circumstances do not result from the actions of the applicant. (4) That granting the wetland alteration permit requested will not confer on the applicant any special privilege that is denied by this Code to owners of other lands, structures or buildings in the same district. (5) That the wetland alteration permit requested is the minImum request which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. (6) The wetland alteration permit would not be materially detrimental to the purpose of this Code, or to other property in the same zone. (7) The requested wetland alteration permit will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire or endanger the public safety, or substantially diminish or impair property values within the neighborhood. The Board of Adjustment and Appeals may impose such restrictions and conditions upon the premises benefitted by a variance as may be necessary to comply with the standards established by this Code, or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance~ and WHEREAS, the City Council acknowledges that the proposed extension of Woodale Drive will be located within the wetland and buffer because of the health, safety and welfare of the users of the site and those persons driving on the road~ and WHEREAS, the City Council finds that this property does have exceptional circumstances which apply to this property which does not apply generally to other properties in the same zone or vicinity~ and WHEREAS, the City Council finds that the special condItions do not result from the actions of the applicant~ and WHEREAS, the City Council finds the wetland alteration permit request is the minimum wetland alteration permit which would alleviate the hardship~ and WHEREAS, the City's Consulting Engineers have reviewed the wetland alteration permit application and evaluated it based on Chapter 48.06, Subdivision 3~ and . . . RESOLUTION NO. 2492 PAGE FOUR WHEREAS, it has been determined that the proposed excavation and filling will not cause the total natural flood storage capacity of the wetland to fall below the projected volume that the wetland would hold following a six-inch rainfall in 24 hours over the whole developer wetland drainage district~ and WHEREAS, it has been determined that the proposed filling will not cause the total natural phosphorus stripping capacity of the wetland to fall below the phosphorus production of the wetland drainage district for its projected development~ and. WHEREAS, it has been proposed that all fill used will be free of chemical pollutants and organic waste~ and WHEREAS, it has been determined that the proposed filling will be implemented so as to minimize the impact on vegetation~ and WHEREAS, it has been determined that the proposed dredging will be located to minimize the impact on vegetation~ and WHEREAS, it has been determined that the proposed dredging will not significantly alter the wetland's water flow characterlstics~ and WHEREAS, it has been recognized that the proposed dredging is the minimum required to achieve this development~ and WHEREAS, it is recognized that the proposed dredging will not take place in breeding or spawning seasons of wildlife~ and WHEREAS, it has been determined that organic waste will not be discharged directly into the wetland~ and WHEREAS, it has been determined that the storm water run-off from the proposed development will be substantially free of silt, debris and chemical pollutants and will not disturb vegetation~ and WHEREAS, it has been determined that the proposed development will not cause storm water run-off from the wetland to take place at a rate which would exceed the natural rate of run-off~ and WHEREAS, it has been determined that the proposed development will not cause the total natural phosphorus stripping capacity of the wetland to fall below the projected phosphorus production from the whole developed wetland watershed~ and . . , . . RESOLUTION NO. 2492 PAGE FIVE WHEREAS, it is recognized that the lowest floor elevation will be at least two feet above the elevation of the adjacent wetland boundary. WHEREAS, Everest Development will construct a business park, a roadway extension, a walking trail, a Type 4 wetland, and two (2) storm water runoff detention basins~ and WHEREAS, approximately two (2) acres of the business park are located within the buffer zone of the 1-3 Wetland Zoning District~ and WHEREAS, construction activities associated with the Business Park reportedly will impact 0.006 acres of the wetland~ and WHEREAS, the extension of Woodale Drive involves the excavation of wetland soil and placement of fill into the 1-3 wetland~ and WHEREAS, approximately 0.1 acres of wetland and 2 to 3 acres of upland buffer will be impacted by the extension to Woodale Drive~ and WHEREAS, the walking trail is located within the wetland and construction of the trail will require placement of fill over 1.3 acres of wetland on the school property~ and WHEREAS, the trail is constructed with the intent of providing the citizens of Mounds View with a low impact access to the 1-3 wetland for educational, aesthetic and recreational purposes~ and WHEREAS, construction of a Type 4 deep marsh wetland is also associated with the Mounds View Business Park development. The Type 4 Wetland will be located within the existing 1-3 Wetland, and will replace approximately two (2) acres of existing Type 2 wet meadow and Type 6 shrub swamp. The Type 4 wetland will be constructed with the intent of increasing the diversity of habitat within the 1-3 Wetland~ and WHEREAS, two (2) storm water runoff detention basins will be constructed as part of the development. The detention basins are located on uplands and are designed to provide storm water storage and water quality treatment. The discharge from the largest detention basin is directed to the wetland the discharge from the smaller detention basin is directed to Rice Creek~ and WHEREAS, two (2) wetland alteration permits are required as a result of the placement of structures within the wetland buffer zone, placement of fill in the wetland, and excavation of material from the wetland~ and . . . ~ESOLUTION NO. 2492 PAGE SIX WHEREAS, the results from Barr Engineering's review of the development proposal indicates that the development proposal is in compliance with the permit requirements~ and WHEREAS, the development includes several features which may be considered net benefits with respect to public interests. These benefits include the construction of a nature trail within the wetland for educational and recreational use, creation of increased habltat diversity (Type 4 wetland) within the existing wetland, and extension of Woodale Drive to State Highway 10. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View approves the wetland alteration permit requests to perform work within the 100 foot buffer and within the wetland. BE IT FURTHER RESOLVED that the City Council approves the wetland alteration permits to allow for working within a wetland zoning district contingent upon the following: 1) The developer confirm in writing that there will not be any disposal of dredged material within the wetland located at the site. 2) The developer submit a plan illustrating the boundaries of the work areas and that these boundaries be the minimum necessary to complete the proposed work. 3) The developer place silt fences and hay bales as erosion control measures along all boundaries of the existing wetland and the work area. 4) The developer present the City with a maintenance plan and schedule for the on-site storm water ponds. 5) The storm water detention basins shall be constructed during general site grading and maintained immediately following completion of the development. 6) The limits of construction shall be specified and staked in the wetland zoning district. 7) A speciflc construction schedule shall be specified. Adopted this 1989. day of ATTEST: (SEAL)