Minutes - Council - 01/11/2022 - Laserfiche WebLink

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Planning Manager McGuire Brigl replied that action, the denial of the rezoning, is still valid and the condition of approval of the Preliminary Plat is to be in line with the previous approval so the seven lots would need to be removed in that area. City Staff will work with the developers to make sure that contingency is met. Councilmember Musgrove noted there are some contingencies that go with it, even though it says it would be approved without contingencies. She asked Senior Planner McGuire Brigl to talk about the proposal for trees that might have been close to the line, and any of the plants that were planned for the seven lot area. She questioned if those would get moved up in that area or if they would be removed. Planning Manager McGuire Brigl replied in terms of the trees in the area, those trees would still need to be inventoried because they are a part of the project site. Any removal from the site would still be subject to the tree removal threshold in the site and two trees are required per property. She explained that any plantings shown on the landscape plan wouldn’t be required because the new lots wouldn’t be there. There would need to be a new revised landscape plan and revised grading and utility plans once the lots are removed. Councilmember Musgrove noted one of the contingencies is approval of the wetland inventory, which has been extended. She asked Senior Planner McGuire Brigl to speak to that. Planning Manager McGuire Brigl replied that a condition of approval is a confirmed wetland delineation and a WMO permit. As of now, there is a conditional approval because they need to come back in the spring to look at how the plants have regrown at the site to confirm the wetland boundary. She stated that is a standard condition of approval. Staff works with the Conservation District and Watershed Management Organization in the spring to do field verification which also includes rare plant species. She noted there were a couple of projects approved last year in the winter and went through a similar process so City Engineering Staff works well with that when the spring hits. Councilmember Musgrove asked if any plants are found that would qualify to be rare plants, how would that effect the development. She asked if the Council would hear back on that or would it be handled administratively. She also asked about the wetlands and if that is a plan to be credited elsewhere because she thought some of the wetlands are in the layout of where the homes are. Planning Manager McGuire Brigl replied that in working with the DNR and the Watershed Conservation District, if there are rare plant species found on site and the development wouldn’t impact that, the Council wouldn’t be included. If there was an impact, if the DNR could get proper permitting the Staff would help the applicant through the process. If it created a significant change to the layout, the Council would be consulted. With outside jurisdiction permits, that is typically how it is handled. She continued, explaining that in terms of the wetlands, they are proposing to fill in two wetlands in the interior area of the project site. There is a process for that. They are under an exemption for this, which means they are allowed to do this under the current rules. If the developers filled more wetlands than allowed, there is a different process for that. She stated her understanding from City environmental Staff that the portions of wetlands that are going to be City Council / January 11, 2022 Page 6 of 25