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Regular City Council Meeting Monday,August 13,2018 Page 3 Mayor Roe asked if the City code differentiates between stormwater ponds and wetlands in terms of what their setback requirement are. Mr. Culver indicated they would have a structure setback for both. He did not think they required a formal buffer, like a vegetative buffer, around a stormwater pond but there are setback requirements. Councilmember Laliberte stated it appeared to her the driveway off Lexington will be a right-in/right-out and asked for confirmation. Mr. Culver stated they will share the access with the existing Cherrywood Devel- opment, which is a full access across from the Fire Station. Their full access driveway connection will be there. Regarding Conditional Use approvals, Mayor Roe asked City Attorney Gaughan what specific nexus there needs to be between conditions that they might apply in what is being asked for with the height addition application. He wanted to make sure they are on good grounds if they decided to add a condition related to a buff- er or setback when the Conditional Use is for height. City Attorney Gaughan stated this is a Conditional Use for the height of a build- ing and he was not sure whether the height of a building implicates wetland buffer needs. He advised there would have to be some reasonable relation between the conditions imposed and the structure, noting this is merely a height requirement. The question would be what the increased height has to do with needing greater wetland buffering. Mayor Roe asked if there was anyone in the audience that wished to speak. Mr. Dave Young, Project Manager for United Properties Mr. Young stated he has been working with staff to develop this project. He stat- ed the wetland has been delineated and the site plan proposed earlier in the pro- cess was very conceptual. Now that they know the required setbacks for the buff- er area, they are maintaining the required buffer areas within that wetland area. On top of that, there is treatment of all stormwater via infiltration and bio- filtration basins. The application is being submitted to the Watershed District, on August 14, 2018 and they are confident it will be acceptable. He noted the Wa- tershed District has already provided input on the initial application. Mr. Young stated he would appreciate approval of this request. Councilmember McGehee thanked Mr. Young for that information. She indicat- ed she was satisfied with that, but it was clear to her from the drawings in the packet that this was not the case. She stated she was glad it has been clarified.