01-21-1997 Planning Commission Minutes

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C7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 ( 97 - 42202 County Road 15 Improvement - Continued) Gaffron reported that the request by Hennepin County's Department of Transportation is for a variance to fill wetlands and for a conditional use permit for filling in excess of 100 cubic yards. This project is in conjunction with the expansion and safety improvements to County Road 15 from Orono Orchard Road in Orono to Hillside Drive in Wayzata. The wetlands received City wetland designation in the 1974 inventory. An updated inventory is now under way. The wetlands affected are located between the railroad tracks and CoRd 15 on the west side as well as several smaller areas. The roadway will be moved 10 -12' north from the existing road bed to avoid impact to the Ferndale Marsh area. Gaffron referred to the impact maps of Exhibit K. The 2.3 acres of wetlands to be impacted are under the City jurisdiction as well as the DNR and MCWD. The County has made application for permit from the Corp of Engineers. The 1.2 acres under the DNR's jurisdiction is awaiting completion of the environmental assessment worksheet process. According to Ceil Strauss of the DNR, the mitigated site is along CoRd 6 in Independence. The 1.1 acres of wetlands under the Conservation Act has been reviewed by the MCWD, who has issued a permit. They have determined that there is no place in the project area for mitigation and has accepted a $38,000 contribution for a ponding area in Excelsior, which is in the same sub - watershed. The 12 acres of flood impact overlaps the wetland impact. The City Council approved • the "Ferndale Cutoff' for use by the County for the road improvement to mitigate its impact. Gaffron said he is of the opinion the other agencies will approve the wetland filling as the MCWD has already done. It is up to the City of Orono at this time to determine whether it is in favor of filling the 2.3 acres to accomplish the safety enhancement and improvements of County Road 15. He noted the last project to receive such an extensive wetland alteration approval was McCulley Road in 1980. C� Staff recommends approval of the County's provisions for erosion control and construction plan. The City Engineer has not specifically reviewed the plan as of yet. The layout was approved by the Council in December, 1996. Gaffron reported that the Staff is recommending approval with a number of questions to be considered: Should the City grant what is a substantial wetland filling variance for this project based on the public need for the project, and does the public interest served distinguish this project from similar private projects which might propose significant wetland filling? Should City approval be conditioned on applicants obtaining all the necessary permits from the other regulatory bodies? Gaffron remarked that yes, that condition should be made. 18