03-18-2013 Planning Commission Packet

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f � _ FILE#12-3548 14 March 2012 � Page 2 of 3 Pertinent Zoning Ordinance Sections • Sec.78-1605.Wetland buffer areas. • Sec.78-1606. Permitted uses. • Sec.78-1608.-Standards. • Sec.78-1609.- Removal of lands from the wetlands overlay district. " • Sec.78-1610.-Alteration of wetlands. Background Spring Hill Golf Club is the applicant. They have requested approval from the Minnehaha Creek Watershed District (MCWD) to fill portions of a wetland on the 13th fairway on the 1050 Tamarack Drive portion of the property. Please refer to the aerial photos attached as Exhibit C • for the location of the project. The entire Spring Hill Golf Club property is outlined in red.There � is one portion of the course which exists in the City of Media; the properties shown highlighted yellow are the Orono pieces. The applicant indicates the fill is proposed in two locations of the wetland in order to improve playability and address safety concerns. The applicant has requested a conditional use permit from the City of Orono pursuant to City Code Section 78- 1610 for wetland alteration in order to conduct the alterations. It is also necessary to re-zone the portions of wetland to be filled and amend the City's official Wetland Map so the filled areas . are no longer subject to the standards of the Wetland Overlay District according to City Code Section 78-1609. � � The applicant has undergone the Sequencing approval process pursuant to Wetland Conservation Act (WCA) regulations in order to conduct the filling activities. The Sequencing application is attached as Exhibit E. The sequencing review process ensures that alternatives to the proposed wetland alterations were considered prior to the request for alteration approval. The Technical Evaluation Panel (TEP) found that the proposed alterations met the sequencing criteria.The sequencing application was reviewed by the TEP consisting of representatives from � Hennepin Conservation District, Board of Water and Soil Resources,the MCWD and the MnDNR. Mitigation for filling the wetland is required at a 2:1 replacement. The TEP's recommendation for mitigation involves purchasing banked credits versus on site mitigation. The MCWD Board will be reviewing this request for off-site mitigation via banked wetland credits as a variance from their Wetland Rule at their March 28th meeting. The MCWD's Wetland Rule requires on- site mitigation; the MCWD staff report regarding the variance is attached as Exhibit H. MCWD staff is recommending approval of the variance. " - Wetland Alteration Permit/Conditional Use Permit City Code Section 78-1610 provides guidance for reviewing a wetland alteration permit and states that alteration of a wetland will only be allowed if an equal amount of water storage is provided. Section 78-1610 also states that, unless otherwise approved by the city council, compensatory wetland area must be provided within the same subwatershed district as the wetland being altered.The applicant is following the TEP's recommendation to mitigate off-site. The City understands this is because the adjacent wetland is dominated by narrow- leaved/hybrid cattail and reed canary grass (invasive species). In order to prevent the migration of these invasive species, significant vegetation management in the adjacent wetland would be necessary. Also, since the adjacent wetland is a MnDNR Public Wetland, approval of vegetation management in that wetland may be problematic. Per WCA rule 8420.0522 subp. 5, the presence of invasive species will not allow any replacements credits to be granted.