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HomeMy WebLinkAbout9.b. Twin Ponds Conservation Easement, 05-41-AP-VAGENDA ITEM: 05- 41 -AP -V Twin Ponds Conservation Easement AGENDA SECTION: New Business PREPARED BY: Eric Zweber, AICP, Senior Planner AGENDA NO. 9b. ATTACHMENTS: Resolution, Twin Ponds Plat, Current Conservation Easement, Proposed APPROVED BY: Conservation Easement RECOMMENDED ACTION: Motion to adopt a Resolution releasing Manley L d Development from the current Lot 2, Block 1 Twin Ponds Conservation Easement and the acceptance of a replacement Conservation Easement. 4 ROSEMOUNT City Council Regular Meeting: September 5, 2006 CITY COUNCIL EXECUTIVE SUMMARY ISSUE On October 18, 2005, the City Council approved a simple plat to create a two lot subdivision off of 120`' Street for Manley Land Development called Twin Ponds. As the plat name depicts, the two building lots are located between two wetlands, each of which requires a 75 foot wide wetland buffer m the form of a conservation easement. These conservation easements were obtained as a condition of plat approval. Currently, City Staff is reviewing a building permit to construct a house on Lot 2, Block 1 of the Twin Ponds plat. The proposed house does not meet the setback requirements from the current conservation easement and wetland buffer. The City's adopted Wedand Management Plan allows for reductions m the 75 foot wetland buffer if additional wetland buffer areas are dedicated in other areas around the same wetland This process of adjusting wetland buffers is called "buffer averaging Manley Land Development has proposed a new conservation easement that includes buffer averaging to allow for construction of the proposed house. The buffer averaging is done by reducing the wetland buffer on the east side of the wetland and expanding it on the south side of the wetland To allow this new conservation easement, the City must first release Manley Land Development fro existing conservation easement and then accept the new conservation easement m its place Staff has prepared a Resolution to conduct these actions. RECOMMENDATION Staff recommends a motion to adopt a Resolution releasing Manley Land Development from the current Lot 2, Block 1 Twin Ponds Conservation Easement and the acceptance of a replacement Conservation Easement. A RESOLUTION RELEASING MANLEY LAND DEVELOPMENT FROM THE CURRENT LOT 2, BLOCK 1 CONSERVATION EASEMENT AND THE ACCEPTANCE OF A REPLACEMENT CONSERVATION EASEMENT. WHEREAS, the Rosemount City Council approved a Simple Plat for Manley Land Development on October 18, 2005 called Twm Ponds, and WHEREAS, as a condition of approval of the Twin Ponds plat, Manley Land Development provided a Conservation Easement for a wetland buffer m accordance with the City of Rosemount Comprehensive Wetland Management Plan as Amended May 2005; and WHEREAS, Manley Land Development has proposed a revised Conservation Easement to allow wetland buffer averaging for the construction of a house on Lot 2, Block 1 of Twm Ponds; and WHEREAS, City Staff has reviewed the revised Conservation Easement and has determuied that it meets the standards of the City of Rosemount Comprehensive Wetland Management Han as Amended May 2005. NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Rosemount 1 Hereby releases Manley Land Development from the Conservation Easement dated September 19, 2005. 2. Hereby accepts from Manley Land Development the Conservation Easement dated August 30, 2006. ADOPTED this 5th day of September, 2006, by the City Council of the City of Rosemount. ATTEST: Amy Domeier, City Clerk CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2006- William H Droste, Mayor Motion by: Second by: Voted in favor. Voted against Member absent HMVH0 H39WfN SMMtltl0 eceaserdmma tl33N11I14 OIWNW r 0 I pp m n a. ij �I .L mrnl 4 w 49215 915.521 8 1 3 worm 38 521 a a Cti t