2017-77CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: December 18, 2017 RESOLUTION NO: 2017-77
MOTION BY: McDonald SECONDED BY: Tiornhom
RESOLUTION APPROVING THE WETLAND CONSERVATION ACT REPLACEMENT
APPLICATION AND SEQUENCING FLEXIBILITY WITH CONDITIONS FOR THE
AVIENDA PROJECT
WHEREAS, the City of Chanhassen is the Local Government Unit (LGU) for the
Wetland Conservation Act (WCA); and
WHEREAS, the LGU for the WCA must ensure that the applicant has met the
requirements of Minnesota Rule 8420; and
WHEREAS, Level 7 Development, LLC, has applied for a WCA permit with the City of
Chanhassen as the LGU for the WCA for the proposed Avienda project, a 115 -acre development
project for a Regional Lifestyle Center; and
WHEREAS, the developer is proposing to impact 4.5878 acres of WCA regulated
wetland; and
WHEREAS, Wetland mitigation is proposed through the purchase of wetland bank
credit. Three banks and one back-up bank have been identified and are within the same Bank
Service Area (BSA) as the project; and
WHEREAS, the project meets the requirements for sequencing flexibility.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Chanhassen, Minnesota, that the Wetland Conservation Act Replacement Application and
Sequencing Flexibility for the Avienda project be approved with the following conditions:
1. The 20 -acre Bluff Overlay District in the southwest of the project area be preserved in
perpetuity through a conservation easement.
2. A $300,000 escrow be provided by the applicant for a future wetland/stormwater
improvement project(s) in the city.
3. Complete the Withdrawal of Banking Credits form for LGU review and signature.
4. Provide proof of withdrawal of the wetland banking credits from the banks once the
withdrawal is completed.
5. Engineering plans of the design of the stormwater system that at least meets the outcomes
of the stormwater model provided with the WCA application be submitted to the City
Engineer for review and approval prior to grading.
Passed and adopted by the Chanhassen City Council this 18"' day of December, 2017.
ATTEST:
odd Gerhardt, City Manager
YES
Laufenburger
McDonald
Tjornhom
Campion
Denny La4lenburdr, Mayor
NO ABSENT
Ryan