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Request for Council Action continued <br />page 2 of 4 <br />February 4, 1997 (Updated 3-5-97) <br />Zoning File #2202______________ <br />given Orono ’s regulatory authority, is proposed to be mitigated by Hennepin County paying <br />$38,626.00 towards a regional storm water ponding facility which MCWD will be constructing <br />in Excelsior. MCWD’s basis for that mitigation location is that the pond site in Excelsior is <br />within the same "subwatershed" as the County Road 15 project. Apparently, watershed areas <br />adjacent to Lake Minnetonka and on most of its shoreline are all considered as a single <br />sub watershed. <br />The flood plain mitigation is required on a one-to-one basis, and the County will mitigate the <br />flood plain filling by removing the "Ferndale cutoff and reverting that area to flood <br />plain/wetland. Additional flood plain mitigation will occur in the newly constructed ditches <br />parallel to the roadway. <br />A conditional use permit is required because the project involves grading and filling in excess of <br />100 cubic yards and within flood plain/wetland areas. <br />hardcover percentages and square footages have nm been calculated. Staff has not included a <br />hardcover variance in the context of this application. <br />Planning Commission Recommendation <br />Planning Commission reviewed this application at their January 21st meeting and on a vote of 4-0 <br />recommended approval as follows: <br />1.The City should grant the wetland filling variances for this project based on the public <br />benefits of the project. Planning Commission felt the public interest is significantly served <br />by this project, and that the County has taken the necessary steps to mitigate the negative <br />environmental impacts due to loss of wetlands. <br />2.Planning Commission expressed concern about the wetland mitigations occurring outside <br />of Orono for both the DNR and WCA wetlands. Planning Commission encouraged <br />Council to pursue the designation of mitigation sites in Orono so that funds garnered by <br />MCWD for mitigation purposes can be used for Orono projects. <br />3.Planning Commission was advised by staff that our storm water plan when completed will <br />provide the City with a stronger basis to make conclusions about the functions and values <br />of specific wetlands, but the City has not yet attempted to define their functions and <br />values. Planning Commission accepted the wetland filling on the basis that the County