03/18/2013 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMISSION MEETING Monday,March 18,2013 6:30 o'clock p.m. meeting. The MCWD's Wetland Rule requires on-site mitigation and the MCWD staff report regarding the variance is attached as Exhibit H. MCWD staff is recommending approval of the variance. 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. Further,the existing wetland to be filled is degraded to the point where replacement of it would result in a certain gain of function and public value, i.e. an environmental benefit. The proposed on-site bonow area shown to the south of the wetland, was originally intended to meet half of the wetland mitigation requirement on site. Even though this area is not proposed now to provide any of the mitigation, the area will still be graded to the same design and seeded with buffer vegetation. Due to the proposed elevations and proximity to the adjacent wetland, wetland vegetation will migrate to this area, and it will most likely become a low grade wetland in the future. Since this proposed on-site borrow area will still be graded to the original design intended for wetland mitigation, the area will still provide the same stormwater treatment and rate control as originally proposed. The mitigation provided by the borrow area results in a minimization of the proposed impacts from an original 0.71 acres to 0.42 acres. The proposed plan proposes an additional 12,181 square feet of native buffer above the minimum required. Issues for Consideration: 1. Does the Planning Commission find that the TEP recommendation for off-site mitigation . combined with the "bonus" of the additional buffer and on-site stormwater storage mitigation is appropriate? 2. Has the Planning Commission identified any additional mitigation measures to be implemented? 3. Are there any other issues or concerns with this application? The wetland to be impacted, as reported, is degraded with low quality function and value, and invasive vegetation. On-site mitigation would likely result in a similar low quality wetland as currently exists. Allowing the applicant to conduct the wetland filling activity results in the creation of a new, higher quality wetland mitigation as the proposed mitigation wetlands provide a gain in wetland function and value. Planning Staff recommends approval of the wetland alteration permit(CUP) and the rezoning to remove the filled areas from the Wetland Overlay District. The applicant should provide the City with the digital wetland boundary (post-fill) in Hennepin County coordinates to finalize the rezoning. Submittal of Page 2 of 24