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Planning Commission - 02/11/2008 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, FEBRUARY 11, 2008 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Vicki Koenig, Jerry Pitzrick, Frank Powell, Peter Rocheford, Fred Seymour, Ray Stoelting, Jon Stoltz, Kevin Schultz STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Al Gray, City Engineer Michael Franzen, City Planner Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Vice Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Koenig, Pitzrick and Stoelting. II. APPROVAL OF AGENDA MOTION by Seymour, seconded by Kirk, to approve the agenda. Motion carried 6-0. III. MINUTES PLANNING COMMISSION MEETING HELD ON JANUARY 28, 2008 MOTION by Seymour, seconded by Schultz, to approve the minutes. Motion carried 5-0. Powell abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. WETLAND CODE REVISION Leslie Stovring, Environmental Coordinator, presented the Wetland Code Revision. She pointed out the Wetland Protection Code was developed to conserve and protect wetlands and their wetland buffers. The intent is to avoid the alteration and destruction of wetlands and their buffer strips. The Wetland EDEN PRAIRIE PLANNING COMMISSION MINUTES February 11, 2008 Page 2 Protection Code serves to supplement MN Rules 8420, commonly called the Wetland Conservation Act(WCA), which provides a set of minimum standards for wetland protection. She pointed out the amendment to the Code is to address the following: 1. Adoption of Local Government Unit(LGU) status for the Riley- Purgatory-Bluff Creek Watershed District(RPBCWD). The District will no longer be providing LGU services for the City of Eden Prairie as of May 1, 2008. 2. New revisions to the WCA (State Rules and Regulations) in 2007. 3. Revisions to the Nine Mile Creek Watershed District wetland rules to be implemented in 2008. 4. Miscellaneous issues that have arisen during day to day application of the ordinance. Item 1 will require additional staff time to evaluate wetland delineations, reports, applications and inspections of wetland replacement areas. Barr Engineering Company will be hired to act as the City's consultant to off-set most of the increased work load. Permit fees will be collected to pay for consultant work. Items 2, 3, and 4 are primarily for clarification and alignment with State and Nine Mile Creek rules, but will not materially change the way in which the City's current regulations protect and replace wetlands. She pointed out the primary revisions to the Code would be definitions, general provisions, which would include the following; performance standards for determining the presence or absence of wetlands, performance standards for report preparation guidelines,report submittal requirements in relation to the growing season, and all reports, including those for wetland delineations, wetland determinations, no-loss determinations, wetland buffer strip evaluations and wetland replacement, must be provided with the Development Application. Additional general provisions include limits on activities which can occur in wetlands. And if alteration of wetlands is proposed, a report documenting the analysis of how the developer would avoid and minimize impacts must be provided with the Development Application. There must also be sequencing flexibility. The wetland buffer strip and setback and alternative wetland buffer strip and setback tables have been merged into one overall table. She pointed out the type of monuments would be changed from carsonite to steel construction. There were also a number of requirements that were added for projects where the City is LGU. This includes additional standards for the application, fees and bond requirements for the various types of reports that would now be required, as well as minimum standards for field review, and report submittals would be established. The wetland replacement and wetland bank plans would be reviewed by the Environmental Coordinator but would be forwarded with the development plans for approval by the City Council. The approvals would be valid for three years. EDEN PRAIRIE PLANNING COMMISSION MINUTES February 11, 2008 Page 3 Stoltz asked Franzen if he had any additional comments. Franzen went over the four key points the amendment to the Code would address. Kevin Bigalke, District Administrator for 9 Mile Creek, stated they have been working with cities along the way to develop rules for the watershed district. The rule they have been working on now is the Wetland Rule, where they can require buffers of various widths, depending on wetland quality. Mr. Bigalke had some suggestions to offer. Storm water should be pre-treated. He also pointed out that based on the Wetland Conservation Act Rule Revisions, it allows wetland impacts to be mitigated throughout the seven county metro area. Stoltz asked Ms. Stovring if she was comfortable with the suggestions. She stated she was comfortable with the suggestions. Stoltz opened the meeting up for public input. There was no input. Stoltz asked Franzen if we should continue this Code revision or approve it. Franzen commented the changes to the Code are minor, but he will bring back a final copy to the March 10"'meeting, once the City Council has had a chance to discuss any revisions. MOTION by Schultz, seconded by Seymour, to close the public hearing. Motion carried 6-0. MOTION by Schultz, seconded by Seymour, to recommend approval of the Wetland Code Revision. Motion carried 6-0. VII. PLANNERS' REPORT Franzen said there will be one item on the agenda for the February 25, 2008, meeting. United Health Group will be making a presentation for a PUD Amendment and AUAR. VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Seymour, seconded by Kirk, to adjourn the meeting. Motion carried 6-0. There being no further business, the meeting adjourned at 7:42 p.m.