02-16-1993 Planning Packet - Laserfiche WebLink

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Zoning Fik* #1799 Fchniar> 8, 1993 Page 2 Ik'scription of Ki-que^ Applicants Iunt filed a conditional use permit to e\ca\ate a pond of approximately a 5* -f depth that will hold standing water rather than periodk runoff created during t^et seasons. As Hansers ’ MCWD permit requires excavation of 1’ for sediment control, land alterations within the drainage easement area are required and have alreads been appnncd by City and MCWD The pond will ix:cupy approximately 8.000 s.f. of the 22.700 s f. drainage easement area Refer to Exhibits H and I The entire low area is at the 933.3' elevation. The adjacent wetland that will interact with the low area is at the 932.3 elevation Ni>te the culvert has been placed at the 935.78 elevation The engineering plans for the private driveway base been approsed by both the MiniKhaha Creek Watershed DisuKt and the City Engineer. Note th.ai Lots 2 and 3 will share a private drive once it leaves Outlet A. Lot 2 is required to grant appropriate easements to L^h 3. The City Engineer ’s .rpon does not review the merits of the applicants ’ plan as proposed. In a recent plume conversation, he confirmed that applicants' proposal is complete and would meet the intent of the MCWD permit. Gustafson recommends an expansion of the application to provide compensatory mitigation to offset filling of designated wetlaiui to the northeast for the City's improvement of Fox Street Members may remember the earlier conditional use permit/variance application of the City of Orono that pn>pi>sed the expansion of the Fox Street roadbed. The City has been working with the DNR to kxrate an appropriate area for compensatory mitigation within the immediate watershed. The City Engineer states that if the existing alteration of the pond is expanded to the 933.3 elevation at a 1' depth approximately 14.000 s.f. in area this will meet 21.000 s.f. area required by the DNR permit of the City. Absent a storm v.ater management plan, the City must obtain the landowners ’ approval to make use of the drainage area. Review the Flow age and Consersatu^n F.asement. the owners arc limited in their use of the drainage casement area and the City’s mam interest is for the unrestricted trespass of water There is nothing in the easement that would allow the area to be altered by the City to solve more comprehensive drainage issues. If the City can work jointly with applicants/owners in meeimg the requirements of the City's permit, this may be the best solution to your meeting. Staff will contact the owners as to what their position would be on this recent request of ilw City to expand their application. They will also hear further from the City Attorney as to the authorities granted the City under current Flowagc and Conservation Easement. Regardless of the magniruJe of the application, the following guidelines have been established by the City Engineer ’s report if excavations arc to be made within the lower area. All dredged materials must be placed at least 75 ’ from the drainage easement and fenced off with silt fence for erosion cimtrol. It has also been suggested that some of the excavated materials