HomeMy WebLinkAbout8B - Eagle Creek Villas Project 97-41
STAFF AGENDA REPORT
AGENDA #:
PREPARED BY:
8a
LANOL LEICHTY, WATER RESOURCES
COORDINATOR
CONSIDER APPROVAL OF RESOLUTION 97-XX
APPROVING THE WETLAND REPLACEMENT PLAN
FOR EAGLE CREEK VILLAS ASSISTED LIVING
FACILITY, PROJECT 97-41
OCTOBER 6, 1997
SUBJECT:
DATE:
INTRODUCTION:
The purpose of this agenda item is to approve the wetland
replacement plan for Eagle Creek Villas Assisted Living
Facility, Project 97-41.
BACKGROUND:
The basic requirement of the Wetland Conservation Act (WCA),
passed in 1991, is that wetlands must not be drained or filled
unless the activity is exempt from the act, or that the wetlands
are replaced by restoring or creating wetland areas of at least
equal public value. If an activity is not exempt, impacted
wetlands must be replaced under a replacement plan approved
by the local government unit (LGU). The goal is a no net loss
of wetlands. This project consists of building an assisted living
facility on property that is part of an approved Planned Unit
Development (PUD) named Priorwood PUD, which was
approved in 1983.
The owner is requesting permission to fill 0.46 acres of a type 2
wetland located on the project. In accordance with State Statute
and City code, a mitigation plan has been prepared which
mitigates the filled wetland at a 2: 1 ratio or 0.92 acres.
Approximately 40% of the replacement wetland will occur on-
site through mitigation which will create 0.36 acres of wetland.
The other 60%, or 0.56 acres, will be withdrawn from the
developer's wetland credits which are on deposit in the state
wetland bank.. The WCA allows wetland losses from drain or
fill activities to be replaced by wetlands previously restored or
created and deposited into the state wetland bank. The Board of
Water and Soil Resources (BWSR) established a state wetland
AG9637EC.DOC
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 I Ph. (612) 447-4230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
bank that allows the appropriate amount and type of wetland
acreage to be purchased from an account holder who has
developed a "bank" of functioning wetland acres restored from
previously drained or filled wetlands or a wetland created where
one did not previously exist. The owner has 1.6 acres of type 3
wetland credits in the state bank. As the Local Government
Unit (LGU), the City of Prior Lake has approval authority for
this plan.
DISCUSSION:
A formal wetland replacement application was submitted to the
City by the developer. A Technical Evaluation Panel (TEP),
made up of representatives of the BWSR, Soil and Water
Conservation District and the City, met on July 17, 1997 to
discuss this project. The purpose of the TEP is to make
determinations on questions; of: 1) wetland functions and
values, 2) location, size, and type for replacement plans, 3)
exemption and no-loss requests, 4) avoidance and minimization
requests and 5) comprehensive wetland protection and
management plans if requested to do so by the LGU, a
landowner, or a member of the TEP. The TEP reviews a
replacement plan and recommends to the LGU either approval,
approval with changes or conditions, or denial. The TEP
meeting was held to see if sequencing requirements had been
met, to comment on the overall mitigation plan and to discuss
alternative options. Sequencing is essentially a project "needs
test." This test uses a five step process (avoid, minimize,
rectify, reduce, and/or replace) to evaluate the necessity of a
project's altering wetland features, functions, or values to fulfill
its objective. The TEP recommendation was to approve the
mitigation plan. A notice of application was mailed out to
various public agencies to solicit public comment. The
comment deadline date was August 1, 1997. No comments
were received regarding the wetland impacts on this project.
Permits from the Army Corps of Engineers, Prior Lake/Spring
Lake Watershed District, and Minnesota Pollution Control
Agency have been received by the developer approving the
proposed wetland 'fill/mitigation activity.
The next step in the process is for the Prior Lake City Council,
acting as the decision maker for the LGU, to consider all input
and approve or deny the proposed mitigation plan.
AG9637EC.DOC
ALTERNATIVES:
RECOMMENDATION:
FINANCIAL IMP ACT:
ACTION REQUIRED:
AG9637EC.DOC
The alternatives are as follows:
1. Approve the Wetland Replacement Plan for Eagle Creek
Villas Assisted Living Facility, Project 97-41.
2. Deny this item for a specific reason.
3. Table this item for specific reason.
Alternative No. I: Approve the Wetland Replacement Plan for
Eagle Creek Villas Assisted Living Facility.
There is no financial impact to the City.
Make a motion and secoL part of the Consent Agenda to
I
app e the ~d Replacement Plan for Eagle Creek Villas
As ist d L' in acilityi Project 97-41.
I
RESOLUTION 97-XX
RESOLUTION APPROVING THE
WETLAND REPLACEMENT PLAN
FOR EAGLE CREEK VILLAS ASSISTED LIVING FACILITY
PROJECT NO. 97-41
MOTION BY: SECOND BY:
WHEREAS, the Technical Evaluation Panel (TEP) reviewed the wetland replacement plan
for Eagle Creek Villas Assisted Living Facility on July 17th, 1997, and
recommends approval of this project; and
WHEREAS, sequencing criteria has been met; and
WHEREAS, approximately 0.46 acres of type 2 wetland will be filled and replaced at a 2:1
ratio (0.92 acres) with the following: 0.36 acres of new wetland and 0.56
acres will be drawn from the developer's wetland bank consisting of type 3
wetland.
WHEREAS, all necessary permits from the appropriate agencies have been received in
order to carry out the proposed work.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
that the Wetland Replacement Plan for Eagle Creek Villas Assisted Living Facility be approved.
Passed and adopted this 6th day of October, 1997.
YES
NO
Andren
Kedrowski
Mader
Robbins
Schenck
Andren
Kedrowski
Mader
Robbins
Schenck
{Seal}
City Manager
City of Prior Lake
RES9663.DOC
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 I Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNIW EMPLOYER