06-17-2019 Planning Commission Packet

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FILE#LA19-000032 17 June 2019 Page 2 of 3 The Sequencing application was reviewed by the Technical Evaluation Panel (TEP) consisting of representatives from Hennepin Conservation District,Army Corps of Engineers, MnDNR, Board of Water and Soil Resources,the MCWD the City.The sequencing review process is meant to ensure that alternatives to the proposed wetland alterations were considered prior to the request for alteration approval.The TEP was working with the applicant and their representatives to determine whether or not the proposed alterations met the sequencing criteria. Based on the applicant's proposal and the site characteristics,the TEP expressed concerns regarding the wetland impact area and requested more detailed information, specifically a tree survey, as the applicant chose the site to minimize mature tree removals. Other alternate locations would result in a greater tree removals. The TEP recommended a tree survey be provided to assist in the determination;the applicant agreed.A tree survey for the proposed site and three alternatives sites dated April 8th, 2019 was submitted to MCWD on April 10th, 2019. On April 24th, 2019 MCWD requested a second TEP meeting onsite to be scheduled on May 7th, 2019. It was at that time the applicant's representative requested that there not be a second TEP as the 60 day deadline for the Local Government Unit (LGU)to issue a Notice of Decision (NOD) had expired on April 9th, 2019 and indicated that the replacement application should be approved by default. See Page 4 of Exhibit E for more detail regarding the TEP comments and application timelines. Because the MCWD did not extend the 60 day deadline,the applicant's request for Sequencing and Replacement plan is considered to be approved. Rezoning-Wetland Overlay District In establishing a wetland overlay district over all known wetlands, Section 78-1603 (attached as Exhibit D) includes direction regarding previously unidentified wetlands;these wetlands may be identified by wetland delineations under WCA rules. If a specific wetland delineation has been done under WCA rules,then the boundaries of the wetland overlay district for that location will be as shown in the delineation.Therefore all wetlands delineated and approved by the MCWD become part of the City's wetland overlay district. The newly delineated wetland on the applicant's property is, per Section 78-1603, part of the wetland overlay district. Section 78-1609(a) includes some standards to be considered when removing lands from the wetland overlay district: "These amendments must be consistent with the purpose of this article, the city's surface water management plan and the goals and policies of the community management plan. In determining the appropriateness of a rezoning request, the city council will consider: • the size of the wetland overlay district, • the magnitude of the area proposed for removal, • hydrological and ecological effects, and • the type and function of wetlands involved in order to provide the maximum feasible protection."