05-16-2016 Planning Commission Packet

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FILE#16-3828 May 12,2016 Page 3 of 7 Wetland Impacts The location of the access to Homestead Trail requires crossing of a narrow wetland corridor which serves as the outlet to the 9-acre wetland on the Orono property. This crossing is unavoidable in order to make the access feasible. Medina is the Local Government Unit or "LGU" for administering Wetland Conservation Act (WCA) rules in Medina. Because the majority of the developer's overall 170-acre project is in Medina, WCA rules direct that Medina act as LGU for the entire project, even though MCWD is the LGU for Orono. A TEP panel met during 2015 and reviewed the wetland delineations and proposed wetland impacts; although Orono was not apprised of this action, staff has no issue with the wetland delineations that resulted, and we would agree that the proposed wetland fill for road purposes is reasonable, necessary, and minimized to the extent possible. See Exhibits F-1 thru F-4 for submitted documentation of the wetland review. The wetland fill amounts to 4,851 square feet or 0.11 acre in Orono. This fill is being mitigated within the development area at a 2:1 ratio by restoring the hydrology and native vegetation of a portion of"Wetland G3'' (see Exhibit D-1) which is in the same Painter's Creek subwatershed as the Orono wetland being filled. In order to minimize the amount of wetland fill, the developer's engineers have included retaining walls on either side of the road as it crosses the wetland, with drainage to be provided via a 21" culvert under the road (see Exhibits D-3 and D-4). Orono Wetland Regulations & Rezonin� All mapped wetlands in Orono are by definition within the Wetland Overlay District. The applicant has requested a conditional use permit from the Ciry of Orono pursuant to City Code Secrion 78-1610 for wetland alteration in order to construct the road. Filling of wetland for any purpose is not a Permitted Use within the Wetland Overlay District per 78-1606, and filling of wetland for road construction purposes is not an allowed conditional use within the Wetland Overlay District per 78-1607. The solution to this is removal from the Wetland Overlay District those areas being filled. Wetlands or portions of wetlands can be removed from the Wetland Overlay District via a rezoning process per 78-1609(a). Mitigation for wetland fill must occur within Orono unless approved by City Council, per 78-1609(b). It is staffls opinion that the mitigation proposed within the overall project site should be acceptable to Orono, and staff recommends Council approval. City Engineer Comments The City Engineer has reviewed this application; his comments are attached as Exhibit H. To summarize, he notes that: - The proposed 24' paved road is much narrower than the 32' paved width that would be required for a public road in Orono serving 10+units; - The road curve radii are not quite to Orono standards; - At the time the owner's Orono property is developed, the road should be platted; - Road maintenance by Medina should include road, storm sewer and retaining walls; - At the time the owner's Orono property is developed, Orono should look closely at whether further wetland impacts can be avoided. - Temporary construction easements may be necessary for portions of the work; - Appropriate road signage and pavement marking will be needed—submit a plan; - Appropriate erosion controls will be needed;