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HomeMy WebLinkAboutResolution 5437 e . . RESOLUTION NO. 5437 CITY OF :\10UNDS VIE\\' COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A \VETLAND BUFFER PERMIT FOR VICTOR LOEFFLER, 7654 WOODLAWN DRIVE; MOUNDS VIE\V PLANNING CASE WBOO-002 WHEREAS, Victor Loefflcr has requested approval of a Wetland Buffer Pennit for property of which he is the owncr of record, propcrty legally known as: Lot 5. Block 2, Park,,;ew Terrace. Ralllsey COllll(r. Jllfillllesota WHEREAS, the above-described property is zoncd R-2, Single and Two-Family Residential; and, WHEREAS, said property is located within onc hundred feet of an identified wetland; and, WHEREAS, the cntirety of Lot 5, Block 2, Parkvicw Terrace, falls within a wctland zoning district; and, WHEREAS, thc City Council has found that \vetlands within the City, as 1'311 ofthc ecosystem, are critical to the present and futurc health, safety and general welfare of the land, animals and people within thc City, as wcll as within the Rice Creek Watershed District; and, \VHEREAS, the City Council has in mind its statutory obligation to comply with Chapters 104, 105 and 112 of Minnesota State Law, thc regulations of Rice Creek Watcrshed District, Regulations ofthc Departmcnt of Natural Resources, including provisions for protectcd waters, Public Law 92,500 (Federal Water Pollution Control Act), open spacc policies of the Metropolitan Council and its guidelines encouraging protection and enhancement of marshes, wetlands in the 1lood plain area and the public interest in preventing ilTcparablc dcstruction or deterioration of valuable natural rcsources; and, \VHEREAS, Section 1010.08 of the Municipal Code states that a Wetland Buffer Pel111it is required when any construction activities are planned within one-hundred feet of a wetland; and, \VHEREAS, the Rice Creek Watershed District (RCWD) has reviewed the delincation report prepared by Summit Envirosystems and has found the dclineation--subjcct to a RCWD revision--to bc acceptable; and, WHEREAS, no dcvelopment activities or disturbances of any kind will occur within the wetland itself; and, . . . Resolution 5437 May f(. 2000 Page 2 \VlIEREAS. representatives from the City's engineer have reviewed the ddineation report and site plan and have made recommendations with regard to the proposed development to protect and preserve the wetland. NO\V. THEREFORE. BE IT RESOLVED that the Mounds View City Council approves the Wetland BulTer Pennit requested by Victor Loenler, contingent upon the following: 1. Only clean fill, substantially free of chemical pollutants and contaminants, shall be brought onto the site. 2. No waste--solid. hazardous or otherwisc--shall be allowed to enter directly or indirectly into the wetland. 3. Before a building permit can be issued, the builder/developer shall submit a detailed grading and site plan showing existing and proposed elevations and the revised boundary of the wetland, such plan to meet with the approval of the Director of Public Works. 4. The site plan shall indicate a retaining wall near the westernmost comer of the proposed building. 5. To protect against future erosion, the site plan shall be revised to show a section of riprap at the terminus of the concrete swale that drains stormwater onto the site. 6. To the extent possible, a minimum five-foot natural buffer area shall be maintained between the wetland and the structure and lawn area. 7. The sur\'Cyor shall install --flags" on the property to mark the boundary of the wetland (as revised by Rice Creek Watershed District) 8, The minimum floor elevation of the home shall not be less than 904.3. 9. Any loss of flood storage capacity (area belov,,' the 902.0 elevation) shall be replaced elsewhere on the lot at a minimum I: I ratio with the affected areas clearly shown on the Grading Plan, including the areas of fill listed in cubic feet. 10. Grading of the site shall not deviate from the approved plan without the express wriuen consent of the Director of Public Works atler review by the City Engineer. 11. Construction erosion control measures designed to limit soil loss from the development site shall be installed prior to construction activity as approved by the Director of Public Works and maintained during the duration of the construction, not to be removed until graded areas have been sodded or revegetatecl. , e . . Resolution 5437 :Vlay 8. 200U Page 3 12. Before a bui Iding permit can be issued for this development, the applicant shall enter into a development agreement with the City, which among other things would hold the City harmless and without any liability in the event of flooding or water damage to the improved property. 13. Before a building permit can be issued for this development, the bui Ider or developer shall post a $1,000 letter of credit, bond or cash surety which \'lOllld be forfeited in the event the builder/developer fails to COnf0l111 to or comply \'lith the provisions of this resolution of approval or development agreement. Surety would be refunded upon satisfactory completion of the development and restoration ol'the site. Adopted this 8th day of May, 2000. AT fEST: /~"'/"-"! \ (~) ~ .. t44 ' ,. R // r . ~. i: ," .~_.. d-l.c~1 \.... \..........t...L.. \ Dan Coughlin, Mavcyor / u._._. \ .. ~ ...~ j ~""-/ ~~ I ..- , ~ ,~.v'u/~L~.~vL-...... .--. -.- ...----.--.-----.-.. Michael Ulrich, Interim City Clerk/Administrator (SEAL) )i:' [).\TA (jR(JIII'SU)\-IIlf'\'IlL\'C.\SI'S'WLlI'l()-II()~'U' RfSOI \.1110:\ 5.1.~7[)O(,