Agenda - Planning Commission - 05/03/2007

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study there is no basis for the ordinance and the buffer setbacks. The ordinance is only triggered when a property is proposed for development. Landowners can continue the practices they currently have going until they propose to develop. Commissioner Levine questioned if the landowner would need to bring someone ill at their cost to show that their wetland has been classified incorrectly. Environmental Coordinator Anderson replied yes, there is an appeals process included in the ordinance which requires that a qualified person would conduct a functions and values study at the developer's expense. If those results prove contrary to what is on record it would be reasonable to look at amending the map. Commissioner Hunt questioned if it is not a given that an amendment would be granted. Environmental Coordinator Anderson replied the information would need to come from a professional in the wetland field. The appeal would then need to come through the Planning Commission and City Council for review and approval, and the map changed accordingly. Chairperson Nixt requested information regarding the difference in a functions and values analysis from delineation. Mr. Peterson explained a wetland delineation is the process where it is detemuned whether it is a wetland or not and what the boundaries are. When doing a functions and values analysis they look at the quality of a wetland is in terms of the 12 MnRAM functions. Chairperson Nixt clarified with Mr. Peterson that delineation relates to size and function and values relates to quality, and that this study determined quality and did not assess size. He questioned if landowners could challenge the City's assessment based on size or quality. Mr. Peterson replied yes. He indicated it is not uncommon on the Anoka sand plain for the actual wetland boundaries not to be very clear, and ultimately a developer will have a hydrology study done to figure out where the boundary is. Commissioner Brauer commented basically there is currently a good handle on the Preserve and Manage 1 wetlands in the City. Given a limited amount of funding, that would likely have been where he would have put the money as well. Manage 2 and Manage 3 wetland classifications are not quite as certain. Commissioner Brauer requested verification that a property owner would need to find a wetland expert and hire someone to essentially fight the City to get their wetland reclassified, even though the wetland was never really looked at in the fIrst place. Enviromnental Coordinator Anderson explained there is an appeals process so that anytime someone has a dispute with how their wetland was classified they have the ability on their own dollar to hire a qualified professional. to redo the MnRAM analysis. It should be kept in mind Planning Commission/April 5, 2007 Page 13 of 22 P13