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9. County Road 17 Wetland Alteration PermitCITY OF y, CHANBASSE P.C. DATE: 8 -17 -94 C.C. DATE: 9 -12 -94 CASE: 92 -5 WAP BY: Desotellew q n STAFF REPORT J! �a U J a IQ �7 PROPOSAL: Wetland Conservation Act/Chanhassen Wetland Alteration Permit for the reconstruction and widening of approximately 7,500 linear feet of County Road 17 between Trunk Highway 5 and Lyman Boulevard (CSAH 18) and 400 feet of Lake Drive, east of County Road 17. LOCATION: County Road 17 (Powers Boulevard) between Trunk Highway 5 and Lyman Boulevard. APPLICANT: Carver County PRESENT ZONING: Single Family Residential, IOP Industrial Office Park, and Open Space ACREAGE: County Road 17 Reconstruction (1.55 acres of wetland fill) ADJACENT ZONING �Q � UJ (n AND LAND USE: The land within and around the proposed project area is mostly residential subdivisions with some areas of wetlands, lakes, and other open spaces such as Lake Susan Park. Light industrial development is common to the north of the proposed project. Downtown Chanhassen is within one mile north of the c pp ro et t»is area. Ac�bn �y City admtrato� E ftV W od Atd,,.._ ads llaf ec . _ -k- y D8W &&n ttm to Commission Date submitted to Council WAP for County Road 17 Project September 12, 1994 Page 2 BACKGROUND ' On May 18 1992, a wetland alteration permit application was presented to the City Council for approval for the reconstruction of County Road 17 near Lake Drive East. At that time, the road project was denied by council. It appears that some additional research was needed as to why the project should occur. Since the project was denied, the wetland alteration permit was tabled in case the project came back in the future with additional information. n The City and the County have now entered a cooperative agreement to reconstruct County Road 17 because the road does not currently meet State Standards. The project has been expanded from the original proposal in order to bring the roadway up to these standards. The project now extends from Lake Drive East to Lyman Boulevard. Development in the area has increased the volume of vehicles, bicycles, and pedestrians utilizing the roadway. The proposed improvements will include additional traffic lanes and a separate path for bicycles and pedestrians which will result in a safer environment for all roadway users. ' ANALYSIS Wetlands Impacted [1 u 1 As a result of the roadway reconstruction and expansion, three out of four bordering wetlands will be partially impacted (see figure 1). The wetlands impacted are all considered ag/urban except for Wetland D which was characterized as utilized. Wetland A, the largest wetland, will receive approximately 1.0 acre of wetland fill. Wetland B will not be impacted. Wetland C which is adjacent to Riley Creek will receive approximately 0.15 acre of wetland fill. Wetland D is a man -made wetland that was created for the purpose of wetland replacement as a result of the Lake Drive East construction in 1990. 4.5 acres were required for replacement and 4.9 acres were created. The grading plan for this wetland indicates that the created wetland was to stay outside of the County Road 17 right -of -way. However, at the time of construction the area was graded up to the existing toe of slope instead of the right -of -way limit creating the additional 0.4 acre of wetland. This 0.4 acre of wetland will be filled as a result of the project. Therefore, the total wetland fill for the project is 1.55 acres. Wetland Replacement The applicant has demonstrated that the project cannot avoid direct impact to the wetlands involved. The impacts to the wetlands have been minimized to the extent possible and the wetlands will be mitigated by replacement and restoration of the functions and values associated with the existing wetlands. The Wetland Conservation Act (WCA) and the City's Wetland Ordinance (CWO) requires a wetland replacement ratio of 2:1 or a wetland replacement ratio of 1:1 in addition to a wetland I PLANNING COMMISSION UPDATE On August 17, 1994, the Planning Commission recommended approval of the wetland alteration g g permit subject to the conditions of the staff report. RECOMMENDATIONS Staff recommends the City Council adopt the following motion: ' 11 WAP for County Road 17 Project September 12, 1994 Page 3 restoration ratio of 1:1 if there are no exemptions to the proposed project. Staff has determined that there are no exemptions for filling these wetlands, and therefore, 3.1 acres of wetland ' mitigation is required. In order to maximize mitigation for both this project and for future projects, there will be 3.0 , acres of newly created wetland and approximately 25 acres of restored wetland. The additional acreage gained through the restoration of Wetland A will be banked for future wetland impacts. The banking credits can be deposited into the wetland bank six to twelve months after a ' mitigation project depending on the type of mitigation (i.e. creation or restoration). Wetland A is the proposed wetland to be restored. It has been drained by a drainage ditch which runs through the wetland and eventually discharges into Lake Susan. Staff thinks that this will ' enhance the area by maintaining land diversity (upland and lowland) and restoring a degraded wetland. , The consultant for the project has performed a preliminary analysis of the project. Approximately 3.0 acres will be created adjacent to the existing large wetland by excavating out a small upland area. Approximately one to two feet of material will be removed and graded at ' a 10:1 slope. Restoration to Wetland A will includes the construction of a 15 foot wide berm in conjunction with the City's proposed trail crossing over the existing drainage ditch. The normal water level is expected to increase approximately 2.5 feet creating an inland shallow fresh marsh. The proposed restoration will give an estimated 25 acres of wetland banking credit to be applied to future water quality projects, road projects, or other feasible uses where some wetland mitigation is necessary. At the same time it will restore a wetland amenity to the area , providing aesthetic, recreation, and wildlife habitat. The design for the wetland mitigation should be engineered to protect the health, safety, and welfare of the surrounding community and in accordance with the City's Surface Water Management Plan. There is an existing stormwater retention pond along the eastern edge of the ' wetland that should be protected in order to prevent stormwater from discharging directly into the wetland. The City requires the hydrologic calculations and construction specifications for the wetland replacement and restoration before the project is approved. PLANNING COMMISSION UPDATE On August 17, 1994, the Planning Commission recommended approval of the wetland alteration g g permit subject to the conditions of the staff report. RECOMMENDATIONS Staff recommends the City Council adopt the following motion: ' 11 a 1 WAP for County Road 17 Project September 12, 1994 Page 4 "The City Council approves the request for a Wetland Alteration Permit (#92 -5) subject to the following conditions: 1. The replacement plan includes restoration to the existing Wetland A. 2. The design and construction specifications must be approved by the City before the project commences. 3. A wetland bank be established for the City and the County if the wetland restoration creates more than the required mitigation. Wetland banking credits can not be deposited in the bank for a period of 6 months for public value credits and one year for newly created wetland credits in order to prove that the mitigation was successfully completed. I 4. According to the WCA, the project cannot commence until 30 days after the City's decision has been distributed to the parties notified of the application. I I I � 1 n 5. The County will monitor the replacement and restoration for a period of five years as required by the WCA. Monitoring forms will be completed and submitted to the City a the end of each growing season with descriptions of the site vegetation, wetland types, and ground photos." ATTACHMENTS 1. Letter from BRW dated September 6, 1994. 2. Planning Commission minutes dated August 17, 1994. g:leng\diene \wedand *nnits'-cordl7ud.wap September 6, 1994 F C Plan for County Road 17 ' Thresher S Ms. Diane Desotelle B R W INC. City of Chanhassen 6990 Coulter Drive Minneapolis, PO Box 147 MN 55415 Chanhassen,.MN 55317 Planning Re: Wetland Replacement Transportation Reconstruction Engineering of wetland will be created adjacent to the existing Urban Design Dear Diane: F C Plan for County Road 17 ' Thresher S Attached is the latest plan for the proposed wetland 700 Third street So. replacement for the County Road 17 reconstruction project. It includes both wetland creation and wetland Minneapolis, restoration. It also results in providing more wetland MN 55415 compensation than is required for this project. 612/370 -0700 Fax 612/370 -1378 According to the a+ plan approximately 3.0 acres of wetland will be created adjacent to the existing Denver wetland A. This will be accomplished by excavating out Milwaukee a small upland area, removing one to two feet of Minneapolis material graded at a 10:1 slope. A water control Orlando structure would also be constructed in the area of the Phoenix City's proposed trail crossing over the existing Portland drainage ditch. As a result, the water level is expected to increase from the estimated existing San Diego elevation of 881 to an elevation of approximately 883 Seattle to 883.5. The new wetland created will consist mainly of type 3 wetland characteristics. Donald W. Ringrose Richard P.Wolsfeld Due to the proposed water level increase needed for the Thomas F. Carroll wetland creation area, water levels will also increase Craig A. Amundsen in the adjacent 40 acre wetland (A) . As a result, the Donald E. Hunt existing type 1 characteristics will be converted to John B. McNamara type 3 characteristics. Using the Public Value Credit Richard D. Pilgrim formula required by the Wetland Conservation Act, the Dale N. Beckmann acreage credit gained by converting 40 acres of type 1 Jeffery L. Benson to type 3, through restoration, is approximately 26.6 Ralph C. Blum acres. Gary J. Erickson John J. Lynch Given that the proposed replacement creates both Public Value Credits (PVC) and New Wetland Credit (NWC), both Paul N. Bay can be used as replacement for this project. A total sabriAyaz of 1.55 acres of NWC will be used along with 1.55 acres Gary A.Ehret of PVC. Therefore, the remaining 1.45 acres of NWC and Anthony Heppelmann Arijs Pakalns Martha McPhee Howard P. Preston Dennis P. Probst J i J ir1 25.05 acres of PVC can be deposited into the state wetland bank in six months (for PVC) to a year (for NWC) . Further details regarding this mitigation plan will be reviewed and coordinated with the City's planning and parks staff. If you have any questions, please give me a call. Sincerely, BRW, Inc. Beth Kunkel Wetland Specialist Enclosure cc: Todd Hoffman, City Parks Jon Horn, BRW Greg Brown, BRW a CHANHASSEN PLANNING COMMISSION REGULAR MEETING AUGUST 17, 1994 ' Chairman Scott called the meeting to order at 7:30 p.m. MEMBERS PRESENT: Ladd Conrad, Matt Ledvina, Joe Scott, Nancy Mancino, Ron Nutting, and Diane Harberts MEMBERS ABSENT: Jeff Farmakes STAFF PRESENT: Kate Aanenson, Planning Director; Sharmin Al -Jaff, Planner H; Bob ' Generous, Planner II; and Dave Hempel, Asst. City Engineer PUBLIC HEARING: CARVER COUNTY PUBLIC WORKS FOR A PROPOSED PROJECT FOR THE RECONSTRUCTION OF COUNTY ROAD 17 FROM THE EXISTING FOUR LANES SOUTH OF LYMAN BOULEVARD (SECTIONS 14 AND 23, T 116N, 4 23W). UPGRADING OF TWO LANES TO FOUR LANES WITHIN THE EXISTING RIGHT- ' OF -WAY WILL IMPACT 1.55 ACRES OF WETLAND. APPROXIMATELY 3.1 ACRES OF REPLACEMENT WETLAND WILL BE CREATED AS MITIGATION. Public Present: ' Name Address Jon Horn BRW Beth Kunhel BRW ' Brent Miller 1200 Lyman Blvd. Kate Aanenson introduced Beth Kunhel with BRW to present the staff presentation on this ' item since Diane Desotelle could not be present at the meeting. Mancino: How long does it take once you mitigate and create a new wetland there. How ' long does it take until it becomes a natural? Beth Kunhel: Actually the area that we're looking at right now for wetland mitigation, a ' couple years ago a beaver had moved in and dammed up a portion of that drainage ditch and the city just removed that beaver dam and in the last year or so the cattails sprung up so within a year. Or less than a year you can have the wetland vegetation there. ' Mancino: It starts. And what we're mitigating right now or filling right now is all ag I wetland? Are we getting into any natural or pristine wetlands that we're filling? J I Planning Commission Meeting - August 17, 1994 ' Beth Kunhel: No, I believe they were all ag urban, except for the one that was created and that was utilized. ' Conrad: So the functions of the wetland that we're filling, what were the functions of those wetlands? ' Beth Kunhel: Basically storm water and some ... larger wetland area to the south which kept some wildlife habitat... Scott: Any other comments? So ou have an other comments for us? This is a public Y Y P hearing. May I ask, are there any people who would like to speak on this particular issue? ' Could I have a motion to open the public hearing please? ' Mancino moved, Ledvina seconded to open the public hearing. All voted in favor and the motion carried. The public hearing was opened. Scott: Would anyone like to speak? Let the record show that no one wishes to speak at this public hearing. May I have a motion to close the public hearing? Ledvina moved, Mancino seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. I Scott: Ladd. Conrad: Nothing. Scott: Matt. ' Ledvina: I had a question for staff in terms of the wetland bank. What do we have in our bank and do we use this just around the city as we fill wetlands for road improvement projects? How does that work? Hempel: I can answer that. The required, as part of the wetland loss that right now are in mitigation, when you fill an acre of wetland, you have to replace it with 2 acres. So ' essentially we're filling 1.55 acres and we're mitigating 3.1 essentially is a wash there... Beth Kunhel: The restoration area that we're looking at restoring the existing wetland and creating additional wetland adjacent to it, there's a good possibility there would be more wetland created than the 3.1 acres. So that could be enrolled into a wetland banking program. 2 Planning Commission Meeting - August 17, 1994 F Ledvina: Okay. What's the balance on our account right now? Hempel: Zero. ' Ledvina: Zero, okay. So this would be our first wetland banking type of situation? Okay. I And again, this could be used for other projects. Scott: Other city projects or is it specifically for the use of other city projects or let's say I another developer, we can apply that? Hempel: We're leaning that way. We're trying to establish a banking program whereby we ' can actually sell some mitigation areas to the developer down the line here. We can give them a total package on where and how to do that... Mancino: I have a question about that in principle. If we are going in to certain areas and , we're filling in wetlands and asking for mitigation 2 to 1 in that same area? A lot of times it's because there's been habitat and wildlife in that area. Don't we want to keep the area ' where we're filling and putting in the 2 to 1 mitigation kind of in the same way? And even add more to the site specific areas versus making it. Hempel: That's a good approach there to replace—mitigation laws o 2 to 1 so if we're ' P g PP g filling an acre of habitat, we'd be replacing it with 2 acres. We're essentially going do we need to replace 1 acre of habitat for the wildlife and so forth ... an extra acre of land... , Mancino: And that was the intent of the 2 to 1 mitigation? ' Aanenson: ...ag urban wedand ... that we can pick an area such as Bluff Creek where we want to ... and we all concur that that maybe that would be an area that we want to do and put it in an area where we want to enhance it as an improvements. So those are what we're trying to , get some makings on—the implementation portion that Diane is working on, where the appropriate locations would be. ' Mancino: That's wonderful. Scott: Okay, Ron. Nutting: I don't have any additional comments. ' Scott: Okay. Can I have a motion please? 3 � I I Planning Commission Meeting - August 17, 1994 ' Ledvina: I would move that the Planning Commission recommend approval of Wetland Alteration Permit #92 -5 subject to the staff, the conditions identified in the staff report. ' Scott: Is there a second? ' Mancino: I second. Scott: It's been moved and seconded that we follow the staff's recommendation. Is there ' any discussion? Ledvina moved, Mancino seconded that the Planning Commission recommend approval ' of Wetland Alteration Permit #92 -5 subject to the following conditions: ' 1. The replacement plan includes restoration to the existing Wetland A. 2. The design and construction specifications must be approved by the City before the project commences. 3. A wetland bank be established for the City and the County if the wetland restoration creates more than the required mitigation. 4. According to the WCA, the project cannot comment until 30 days after the City's decision ' has been distributed to the parties notified of the application. 5. The County will monitor the replacement and restoration for a period of five years as required by the WCA. Monitoring forms will be completed and submitted to the City at the end of each growing season with descriptions of the site vegetation, wetland types, and ground photos. ' All voted in favor and the motion carried. ' Scott: City Council, excuse me Kate. This goes to the City Council on the 12th? Okay, good. Thank you very much.