HomeMy WebLinkAboutResolution No. 094-13•
RESOLUTION
WHEREAS, HyVee, Inc., proposed the filing of 1.13 acres of Type 2 wetlands on the
Northern Hills Commercial Park property. The total acreage of wetlands on the property is 1.33
acres. The property is located west of West Circle Drive and north of the 41St Street intersection.
The wetlands consist of fresh meadow wetlands located along drainage channels on the east
side of the property south of Northern Hills Golf Course. Wetlands are proposed to be filled due
to the location of new stormwater pond and the grading for roads and surrounding development.
The proposed development will avoid impacts on 0.2 acres of wetland; and,
WHEREAS, the Technical Evaluation Panel reviewed the alternatives and found that they
meet the minimum standards for sequencing. The TEP agreed that avoidance of the wetlands
was not feasible due to the configuration and location of the wetland, topography, existing
drainage patterns and a stormwater pond serving the development. The minimum replacement
acreage is 2.26 acres. The applicant proposed direct replacement in the Cascade Meadows
• wetland complex through the creation of 2.26 acres of new wetlands; and,
WHEREAS, the wetland replacement is at a 2:1 ratio because the replacement wetland is
in -kind replacement. With the allowable replacement ratio of 75%, this replacement will consist
of a total of 3.19 acres; and,
WHEREAS, the new wetland rules require a financial assurance where the replacement
is not in advance of the impact. The Local Governmental Unit has the option to waive the.
financial assurance under 8420.522, subp. 9, if it determines that it is not necessary. Given that
the application consists of the development of a wetland for a wetland science center that will
require the development of appropriate wetlands and the use of existing wetland bank credits,
the TEP agreed that a financial assurance would not be necessary; and,
WHEREAS, the Technical Evaluation Panel reviewed the application and recommended
approval subject to the below described conditions:
1. The applicant must provide a Declaration of Restrictions and Covenants for
Replacement Wetland document covering the replacement area and record `
the document as required by the wetland rules;
2. No further direct replacement wetlands will be permitted at the Cascade
Meadows site; and
• 3. Monitoring reports shall be submitted on an annual basis until the wetland is
certified by the Technical Evaluation Panel; and,
Or
WHEREAS, this matter came before the City of Rochester Common Council on March 4,
2013, for a final decision on the replacement plan. The Council considered all information'
presented to it including that information found within the Council Agenda packet.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the City approve the Wetland Delineation and Replacement Plan presented by
HyVee, Inc., for the Northern Hills Commercial Park Property subject to the above three
conditions.
BE IT FURTHER RESOLVED that the City waive the financial assurance requirement
found at Minnesota Rules 8420.0522, subp. 9.
The Mayor and the City Clerk are authorized and directed to approve this plan on behalf
of the City.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS q �h_ DAY C,F MOAOh 2013.
ACTING PR SI0ENT Or SAID
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APPROVED THIS 1 DAY OF / Y CLAO- l , 2013.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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