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HomeMy WebLinkAboutResolution 2525 . . . ~J t~ RESOLUTION NO. 2525 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A WETLANDS ALTERATION PERMIT FOR MOUNDS VIEW BUSINESS PARK SOUTH WETLAND ENHANCEMENT PROJECT PLANNING CASE NO. 259-89 WHEREAS, Everest Development has requested approval of a wetlands alteration permit to allow enhancement work in the wetland to be done which includes the construction of a trail system around the wetland; and WHEREAS, the wetland enhancement and trail system is located on the Mounds View School District property; and WHEREAS, the Mounds View School District Board approved of the proposed wetland enhancement project on their property; and WHEREAS, the improvements are shown as the Wetland Enhancement Plan (no date) and made part of the development agreement; and WHEREAS, the Planning Commission and City Council have reviewed the land use proposed and recognizes it is appropriate given the site zoning and use and is in accordance with the Comprehensive Plan; and WHEREAS, the Developer, Everest Development, has requested approval of a wetland alteration permit to carry out grading work associated with the development proposal for the wetlands enhancement and the trail system; and WHEREAS, a wetland alteration permit is required as a result of the work proposed within the wetland; 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, the City Council has seen fit to develop these requirements to regulate the wetland because the Council 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, . . , RESOLUTION NO. 2525 PAGE TWO . 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 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, in the granting of a wetland alteration permit, the City Council must find each of the following in Section 40.26, Subd. D, to be true: . (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. . . . , ,.,. ~~ '.., ~ RESOLUTION NO. 2525 PAGE THREE (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. (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 ( 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 an~nditions 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 ln the neighborhood, and to better carry out the intent of the wetland alteration permit; and x WHEREAS, the City Council finds that this property does have exceptional circumstances which apply to this property and which do 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 . '. .. "..-' . . . i. ' , . RESOLUTION NO. 2525 PAGE FOUR WHEREAS, it has been determined that organic waste will not be discharged directly into the wetland: 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 WHEREAS, construction activities associated with the Business Park reportedly will impact 0.006 acres of the wetland: and WHEREAS, the Planning Commission and City Council have reviewed the location and extent of the wetland area proposed: and 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 Planning Commission and City Council have received a positive review from the Environmental Quality Task Force for the project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View approves the wetlands alteration permit for the wetlands enhancement project. BE IT FURTHER RESOLVED that the City Council approves the wetland alteration permit to allow for working within a wetland zoning district contingent upon the following: 1) 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. 2) The limits of construction shall be specified and staked in the wetland zoning district. 3) A specific construction schedule shall be provided. Adopted this 28th day of August, 1989. ATTEST: (SEAL)