HomeMy WebLinkAboutResolution No. 289-11 8 _ -
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RESOLUTION
WHEREAS, Hans Zietlow proposed the filing of 2.38 acres of Type 2 wetlands on 4.31
acres of property located north of 19th Street N.W., and east of West Circle Drive (CR 22) as part
of the Northwest Commercial Center Property. The wetlands consist of fresh meadow wetlands
located along drainage channels on the east and west sides of the property. Wetlands are
proposed to be filled due to the location of new stormwater facilities and the existence of roads
from adjacent properties that will serve the site. The proposed development will avoid impacts
on 1.93 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 stormwater ponds serving the upstream existing development. The
minimum replacement acreage is 4.76 acres. The applicant proposed direct replacement in: (a)
Dan existing wetland bank located in Olmsted County (Haverhill Township) with 2.8 acres of
credits available; and (b) direct replacement within the Cascade Meadows wetland complex
through the creation of 2.6 acres of new wetlands. 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 4.7 acres (1.95 acres of new wetland credits
and 2.8 acres of wetland bank credits); 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. The applicant must submit of an Application for Withdrawal of Wetland
Credits to the City for signature and to BWSR, and obtain approval by
BWSR of the withdrawal of credits from the Schmidt wetland bank; and
3. The applicant must repair the gullying in the avoided wetland in the
northeast corner of the property. The applicant can address this condition
through the grading plan; and,
WHEREAS, this matter came before the City of Rochester Common Council on June 20,
41011, for a final decision on the replacement plan. The Council gave all interested parties an
opportunity to be heard on this matter and considered all information presented to it including
that information found within the Council Agenda packet.
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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
Hans Zietlow for the Northwest Commercial Center Property subject to the above four
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 zD r/'iL
c 1-0 12911
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: / 'CITY CLERK
APPROVED THIS z( DAY OF 696er , 2011.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone 10\wetla nd.Approve0l