Agenda - Planning Commission - 05/02/2013

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Print Agenda Item http://156.142.212.178:8080/frs/publish/print ag memo.cfm?seq=2151... grading/excavating activities be limited to 7:OOam and 7:OOpm Monday through Friday and 8:OOam to 7:OOpm on Saturdays. The Applicant has indicated that the project is currently under review by other agencies, as required by the WCA, and that that review process is taking longer than initially anticipated. The Applicant is hopefull that the wetland bank plan will receive approval from the LRRWMO in August or September of 2012. City Engineering Staff reviewed the application and provided comments to the LRRWMO expressing support for the proposed wetland bank, with a request for some revisions to address potential overflow issues north of 167th Avenue. Properties north of 167th Ave NW and west of Sodium St NW have an unmapped wetland extending across the rear of several properties and they have experienced high water conditions in 2011 and 2012. City Engineering Staff have requested the plans be revised to provide greater separation between the existing homes and the 100 year HWL of the North Wetland. Staff recommends a condition requiring that these existing water issues be addressed in the plans and that no proposed excavation and restoration activity to create the wetland bank shall negatively impact existing drainage patterns. In addition, City Engineering Staff have identified an outlet ditch downstream from the main wetland that will require cleaning to be able to pass the proposed 100 year flow. The City proposes that this could be a joint City and Oakwood Land Development project. The Planning Commission held a public hearing concerning this request on July 12, 2012 and there were no written or verbal comments received. Recommendation: The Planning Commission discussion focused mostly on two elements of the request. First, they discussed the days and hours of operation of the permit, with the one concern being the start time on Saturdays (originally proposed to be 7:00am). Secondly, they discussed the expiration date of the permit with the concern of whether it provided sufficient time to complete the project, considering the uncertainty of when the wetland bank plan would receive approval from the LRRWMO. The initial draft of the interim use permit identified January 24th, 2013 as the expiration date (6 months); however, with the wetland bank approvals process taking longer than initially anticipated, it appears that the work may not commence until possibly September or October of this year (at the earliest). Therefore, after conferring with the engineering firm that prepared the plans, Staff suggested a revised expiration date of August 1, 2013. The Planning Commission still expressed concern that since the excavating work cannot begin until the wetland bank plan is approved and there is no certainty when that may be, the applicant may still need to possibly come back and request an extension to complete the work, which has added costs for the applicant and takes up more Staff time. Ultimately, the Planning Commission recommended approval of the interim use permit contingent upon the start time on Saturdays be 8:00am and that the term of the permit begin upon approval of the wetland bank plan by the LRRWMO and expire on August 1, 2013 or six (6) months following the LRRWMO approval, whichever occurs later. Funding Source: All costs associated with the application are the responsibility of the Applicant. Council Action: Motion to adopt Resolution # Permit. adopting Findings of Fact relating to the request for an Interim Use 2 of 3 4/5/2013 10:32 AM