HomeMy WebLinkAboutCity Council Resolution 2012-296CITY OF PLYMOUTH
RESOLUTION No. 2012-296
APPROVING THE FILLING OF WETLANDS AND THE
WETLAND REPLACEMENT PLAN APPLICATION
FOR KIRKWOOD ADDITION (2012041
N 1/2 SECTION 8 T1 18N R22W
WHEREAS, Lennar Corporation is proposing to fill wetlands within the proposed Kirkwood
Addition, a 45 unit single family residential development; and
WHEREAS, the replacement plan application was prepared replacing the wetlands at a
minimum 2:1 ratio which is required by the Wetland Conservation Act; and
WHEREAS, to ensure functions and public value associated with impacts to Wetland 1 are
fully replaced, 4,414 square feet of impact to Wetland 1 as a result of water quality ponding and
home constriction shall be replaced at a 3:1 ratio; and
WHEREAS, wetland mitigation for the Kirkwood Addition shall be in the form of 32,832
square feet of wetland restoration credit of Wetlands 3 & 5; and
WHEREAS, the Replacement Plan meets the requirements of the Wetland Conservation Act.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA: The filling of wetlands and the Replacement Plan
Application for the Kirkwood Addition is approved subject to the following conditions:
1. The applicant shall submit a copy of the contract made with an appropriate party to
complete the WCA replacement wetland monitoring requirements.
2. Constriction of the replacement wetland must be certified by the City of Plymouth after
initial constriction and prior to the initiation of monitoring.
3. The replacement wetland must be monitored for a five (5) year period from the date of
completion and the monitoring plan must include a section on management of upland
buffer, wetland vegetation, wetland hydrology, tree management and invasive plant control
such as buckthorn and reed canary grass. The vegetative performance standard shall be
75% native, non-invasive vegetation in both the mitigation area and upland buffer area and
shall be met within 5 years after constriction.
4. The developer's wetland consultant shall submit an annual monitoring report to the City of
Plymouth on the anniversary date of the completion of the replacement wetland for a
period of five (5) years containing information required by the Wetland Conservation Act.
5. Prior to disturbing any wetland area, the developer shall submit a letter of credit in the
amount of the cost of the Replacement Plan. The letter of credit shall extend at least until
completion of the five year monitoring period. If during the five year period the
replacement wetland does not perform as proposed in the plan, work as necessary shall be
undertaken by the developer to bring it into conformance.
6. The developer's wetland consultant shall conduct and record periodic inspections during
the constriction of all the newly created wetland basins.
7. The replacement wetland must be constricted prior to or concurrent with wetland impacts.
8. A deed creating a restrictive covenant running with the land for the replacement area must
be recorded. The deed shall meet the requirements of the Wetland Conservation Act and
be submitted to the City for approval before recording and a recorded copy shall be
submitted to the City after recording.
9. Landowner affidavit(s) must be submitted to the City.
10. Required Consent(s) to Replacement Wetlands must be submitted to the City after filing
with the County Recorder.
FURTHER BE IT RESOLVED: That the Mayor is authorized to execute the Wetland
Replacement Plan Application for the Kirkwood Addition.
Approved this 9th day of October, 2012.