CAS-20_2016-20 FOXWOOD WAPCHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY M][NUTES
AUGUST 22,2016
Mayor Laufenburger called the City Council meeting to order. The meeting was opened
with the Pledge to the Flag.
COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilman McDonald,
Councilwoman Tjornhom, and Councilwoman Ryan
COUNCIL MEMBERS ABSENT: Councilman Campion
STAFF PRESENT:, Todd Gerhardt, Chelsea Petersen, Paul Oehme, Kate Aanenson, and Todd
Hofftnan
PUBLIC PRESENT:
Roger Humphrey Stantec, Roseville, Minnesota
PUBLIC ANNOUNCEMENTS: RECOGNITION OF TEEN VOLUNTEERS.
Mayor Laufenburger recognized the following teens for their volunteer service from June
through August: Tyler McReavy, Alex Miller, Jack Spinner, and Kami Stiller. Shea Haile,
Sarah Hamilton and Gabbie Lopez were not present to receive their certificate.
CONSENT AGENDA: Councilman McDonald moved, Councilwoman Tjornhoin
seconded to approve the following consent agenda items pursuant to the City Manager's
recommendations:
Approve City Council Minutes dated July 25, 2016
2. Receive Park and Recreation Commission Minutes dated July 26, 2016
3. Roundhouse Park Sport Courts: Accept Bids and Award Contract.
4. Bandimere Park Hockey Rink and Parking Expansion: Accept Bids and Award Contract.
5. Resolution #2016-54: Pioneer Pass 2d Addition: Accept Public Streets and Utilities.
6. Resolution #2016-55: Camden Ridge: Accept Public Streets and Utilities.
Foxwood — 9150 and 9250 Great Plains Boulevard: Approve Wetland Alteration Perrpg..
,3CANINED
City Council Summary —!Rust 22, 2016 0
8. Approve 2017 Service Agreement for Joint Assessment with Carver County Assessor.
9. Approve 2017-2020 Service Agreement for Property Assessment Services with the
Hennepin County Assessor.
10. Approve Final Plat, Development Contract and Plans and Specifications for Anthem on
the Park.
11. Approve Ordinance Regulating Drop Homes.
12. Approve Joint Powers Agreement with Carver County for Trail Improvements between
Market Boulevard and Powers Boulevard.
13. Resolution #2016-56: Approve Resolution Accepting Donation of Bafield Dugouts,
Lake Susan Park.
14. Receive Plannin Commission Minutes dated August 16, 2016
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
VISITOR PRESENTATIONS. None.
FIRE DEPARTMENT/LAW ENFORCEMENT PRESENTATIONS. Lt. Eric Kittelson
discussed the employee recognition of Deputy Adam Peterson for being an DWI Enforcer All
Star, pedestrian safety project updates, personnel updates, and back to school safety messages.
Councilwoman Ryan asked for clarification on the times used for the pedestrian safety projects.
Todd Gerhardt thanked the Carver County Sheriff's department and everyone involved with
National Night Out. Mayor Laufenburger asked Lt. Kittelson to talk about the preparation for
the City of Chanhassen's involvement with the Ryder Cup. Assistant Chief John Murphy
provided updates for the month of July on staffing, calls for service, training, conferences,
National Night Out activities, fire investigations, inspections and education.
APPOINT MEMBERS TO PARKS AND RECREATION SYSTEM PLAN ADVISORY
COMMITTEE.
Todd Hoffinan reviewed the list of individuals staff is recommending be appointed to the Parks
and Recreation System Plan Advisory Committee.
Councilman McDonald moved, Councflwoman Tjornhorn seconded that the City Council
appoint the following 12 individuals to the Parks and Recreation System Plan Advisory
Committee and direct the committee to fill the remaining 3 positions by majority vote:
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City Council Summary — August 22, 2016
• City Council Member — Elise Ryan
• Park and Recreation Commission Members — Jim Boettcher and Steve Scharfenberg
• Plannin Commission Member — John Tietz
• Environmental Commission Member — Balakrishna Chintaginjala
• Senior Commission Member — Cheri Ayotte
• Chanhassen Athletic Association Member — Todd Neils
• Soccer Association Member — Jesse Hawke
• Chanhassen High School Student Member — Nathan Pharis
• Easter Carver County Arts Consortium Member — Courtney Miller Bellairs
• Independent School District 112 Member — Anna Simet
• Carver County Public Health Member — Karen Doster
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
COUNCEL PRESENTATIONS. Mayor Laufenburger thanked staf� and especially Chelsea
Petersen, for their involvement with National Night Out.
ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt thanked Paul Oehme and MnDOT
for getting the enhanced pedestrian crossing finished at State Highway 41 and Minnetonka
Middle School West prior to school opening.
CORRESPONDENCE DISCUSSION. Councilwoman Ryan asked for an update on the Pinky
Swear Triathlon held at Lake Ann Park.
Councilwoman Ryan moved, Councilman McDonald seconded to adjourn. All voted in
favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting
was adjourned at 7:30 p.m.
The work session was continued in the Fountain Conference Room following the regular City
Council meeting.
Submitted by Todd Gerhardt
City Manager
Prepared by Nano Opheim
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CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
AUGUST 16,2016
Acting Chair Undestad called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Mark Undestad, John Tietz, Maryam Yusuf, Nancy Madsen, and
Mark Randall
MEMBERS ABSENT: Andrew Aller, and Steve Weick
STAFF PRESENT: Kate Aanenson, Community Development Director; MacKenzie Walters;
Assistant Planner, and Krista Spreiter, Natural Resources Technician
PUBLIC HEARING:
FOXWOOD — WETIAND ALTERATION PERMIT FOR PROPERTY LOCATED AT
9150 AND 9250 GREAT PLAINS BOULEVARD. APPLICANT: BILL COFFMAN,
GONYEA HOMIES AND REMODELING, OWNER: JIM WILSON & PAUL PAULSON.
Spreiter: Thank you Commissioner Undestad. As stated this is the public hearing for the
Foxwood Wetland Alteration Permit. This item will go before City Council on August 22 d for
approval. The proposed project is located just south of Lyman Boulevard on Great Plains
Boulevard across from Bandimere Community Park. The applicant is requesting a wetland
alteration permit for the purpose of developing a 44 acre site for the creation of 46 single fitmily
residential lots. This is the existing site. It's quite extensive. It has extreme topography. It
includes 8 wetlands on site one of which is a DNR public water body which is located to the
north. The applicant is proposing to impact .059 acres of wetland basin 3. As a result of the
project this basin is located between Wetland 4 and Wetland 8. It flows easterly into Wetland 8.
The impacts are the result of the proposed access road that is the main thoroughfitre through the
development running north and east. Or I'm sorry north and south. It would be located between
Wetland 4 and Wetland 8. This also would provide utilities to the development and to the
property to the east. The applicant is requesting a wetland alteration permit to permanently
impact .059 acres of wetland and is proposing to mitigate for these impacts using wetland bank
credits purchased from Account Number 1175 which is also, which is located in the same bank
service area and major watershed. City code requires that the applicant comply with Wetland
Conservation Act rules which also require that the applicant must first avoid impacts. Then
minimize these impacts to the greatest extent practical. The applicant has made sufficient efforts
to avoid and minimize impacts. These include shifting the road to the west which would reduce
the amount of fill needed and in turn reduce the amount of impact. The Wetland Conservation
Act also requires that any unavoidable impacts be mitigated for. In this case the applicant has
chosen to purchase wetland bank credits from Bank Number 1175. This is in the same BSA
number 9 and major watershed 33 as the proposed project. Therefore they're to be purchased at
the required 2 to I ratio. This is consistent with Wetland Conservation Act rules. The applicant
C -N
,-)CANNED
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Chanhassen Planning Commission — August 16, 2016
has fulfilled the sequencing and minimization requirements within their application and is
compliant with city code. Therefore staff is recommending approval with conditions for the
wetland alteration permit request in this case. This is all I have tonight. I'm happy to take any
questions from the commissioners at this time.
Undestad: Okay, thank you. Any questions for staff7
Tietz: Looks pretty straight forward.
Undestad: Okay, if the applicant is here would the applicant care to say anything? Okay. This
is a public hearing. I'll open the public hearing at this time- Seeing no one, I'll close the public
hearing. Bring it back to commissioners. Any comments. Questions.
Tietz: Looks like a good follow-up to what we saw some time back and a good resolution to the
situation. Look like great lots.
Bill Coffman: Yeah we're pretty excited about it.
Tietz: Yeah.
Madsen: And it's noted in the report they really tried to minimize the impacts. They looked at
alternatives and I think they came, did the best they could do and minimized it.
Yusuf. I totally agree with that.
Undestad: Alright with that I'll entertain a motion.
Madsen: I'll make a motion. The Chanhassen Planning Commission recommends that City
Council approve Wetland Alteration Permit #2016-20 and authorize the Water Resources
Coordinator to sign the Interagency Water Resource Application subject to conditions within the
staff report and adopts the attached Findings of Fact and Recommendation.
Undestad: Okay, I have a motion. Do I have a second?
Yusuf. Second.
Madsen moved, Yusuf seconded that the Chanhassen Planning Commission recommends
that City Council approve Wetland Alteration Permit #2016-20 and authorize the Water
Resources Coordinator to sign the Interagency Water Resource Application subject to the
following conditions and adopts the attached Findings of Fact and Recommendation:
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Chanhassen Planning Commission — August 16, 2016
1. A letter from the Board of Soil and Water Resources stating that the credits have been
debited and applied towards this impact must be provided prior to any disturbance of the
wetland.
2. An erosion prevention and sediment control plan consistent with Section 19-154 of city
code must be included.
3. The plan must indicate how temporary impacts to the buffer area will be permanently
stabilized.
4. The applicant must obtain approvals from the Riley Purgatory Bluff Creek Watershed
District.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
PUBLIC HEARING:
ORDINANCE FOR DROP HOMES.
Walters: Alright this is circling back from I believe we did an informal discussion on this the
last time I was here but just to refresh your memory. The State legislature in this legislative
session passed an ordinance that essentially required communities to allow temporary family
health care dwellings in residential zones. These dwelling would be pre -fabricated units no
greater than 300 square feet and they would have to meet Minnesota's accessibility standards.
Be hooked up to water and electric but they were exempted from the normal provisions of the
city code that cover accessory structures. However setbacks and other areas of the zoning code
would still apply. When we last spoke about this staff expressed several concerns. Namely the
exemption from many of the City's zoning provisions that govern accessory structures. The
potential impact of allowing multiple dwelling units in single family residential lots. The density
and intensity of use within those zones. We were also concerned by the permitting process as the
legislature only allowed 15 days to evaluate the permit. Most other permits are allowed a 60 day
evaluation period. There were not criteria for examining requests to extend the permits. There
were some concerns with staff being asked to handle potentially confidential medical
information regarding the health of applicants. There was not clear appeals or enforcement
procedures in terms of if the applicant violated the terms of the permit how we would actually be
able to force them to remove the property along with monitoring concerns in terms of
determining when the applicant was no longer residing there. There were also some questions of
need. The City of Chanhassen currently accommodates these type of uses through either
variances procedures. Encouraging people to house relatives in empty rooms. There are senior
oriented apartments, group homes and other assisted living facilities. I believe the Planning
Commission asked staff to look into what other cities in Minnesota were doing in response to
this ordinance. I asked around and we have included as attachments the response from the 10
key fiscal cities so these are cities that have comparable demographic composition to
Chanhassen that we use as a baseline for a lot of our ordinances, et cetera. None of them were
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
I-0110VA
Application of Providence 55, LLC. and Jim Wilson & Paul Paulson for Rezoning, Conditional
Use Permit, Preliminary Plat with Variances and Wetland Alteration Permit.
On June 7, 2016, the Chanhassen Planning Commission met at its regularly scheduled meeting to
consider the application of Providence 55, LLC. and Jim Wilson & Paul Paulson for a Wetland
Alteration Permit, Conditional Use Permit for development in the Bluff Creek Overlay District
(BCOD), rezoning from Agricultural Estate . ' District (A-2). to Residential Low and Medium
Density (RLM), and a 46 -lot subdivision with vaiiinces for a private street and a 20 foot Bluff
Creek Primary zone setback. The Planning Commission conducted a public hearing on the
proposed rezoning, subdivision and variance preceded by published and mailed notice. The
Planning Commission heard testimony from all interested persons wishing to speak and now
makes the following:
FINDINGS OF FACT
The property is currently zoned Rural Residential District (RR).
2. The property is guided in the Land Use Plan for Residential Low Density use.
3. The legal description of the property is:
The East Half of the East Half of the South Half of the Southeast Quarter, and the
Southeast Quarter of the Northeast Quarter of the Southeast Quarter, all in Section 23,
Township 116, Range 23, Carver County, Minnesota.
And also that part of the North Half of the Southwest Quarter of Section 24, Township
116, Range 23, Carver County, Minnesota, lying southerly of the north 730.00 feet as
measured along westerly line thereof and lying westerly of the centerline of State
Highway No. 10 1, the centerline of which is described as follows: Beginning at a poin ' t on
the North line of the Southwest Quarter of Section 24, Township 116, Range 23, a
distance of 632.52 feet east of the Northwest comer of said Southwest Quarter; the
bearing of the North line of the Southwest Quarter is assumed to be South 88 degrees 46
minutes 29 seconds East, thence South 4 degrees 24 minutes 47 seconds West a distance
of 413.72 feet thence on a tangential curve, concave to the east having a central angle of
11 degrees 38 minutes 21 seconds and a radius of 1962.29 feet a distance of 398.62 feet,
thence South 7 degrees 13 minutes 34 seconds East tangent to the last described curve, a
distance of 217.65 feet thence on a tangential curve, concave to the west having a central
angle of 14 degrees 29 minutes 17 seconds and a radius of 1166.15 feet a distance of
294.88 feet, more or less, to a point on the South line of the North Half of the Southwest
SCANNED
Quarter of Section 24 and there terminating said point distance 660.44 feet easterly of the
Southwest comer of the North Half of the Southwest Quarter.
Except that part taken by the State of Minnesota in Final Certificate filed August 27,
2009, as Document No. A506726.
Except that part taken by the City of Chanhassen in Final Certificate filed May 31, 2013,
as Document No. A577806.
Abstract Property
4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible
adverse affects of the proposed amendment. The six (6) affects and our findings
regarding them are:
a. The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official City
Comprehensive Plan since the zoning is consistent with the land use designation of
the property, utilizes available infrastructure and provides housing opportunities.
b. The proposed use is or will be compatible with the present and future land uses of the
area, which are single-family detached houses.
c. The proposed use conforms to all performance standards contained in the Zoning
Ordinance, subject to approval of the Bluff Creek Primary Zone setback variance.
d. The proposed use will not tend to or actually depreciate the area in which it is
proposed since the use is similar to surrounding uses.
e. The proposed use can be accommodated with existing public services and will not
overburden the city's service capacity since adequate infrastructure is available to the
site.
f. Traffic generation by the proposed use is within capabilities of streets serving the
property.
5. The Subdivision Ordinance directs the Planning Commission to consider seven possible
adverse affects of the proposed subdivision. The seven (7) affects and our findings
regarding them are:
a. The proposed subdivision is consistent with the zoning Ordinance;
b. The proposed subdivision is consistent with all applicable city, county and regional
plans including but not limited to the city's comprehensive plan;
c. The physical characteristics of the site, including but not limited to topography, soils,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm
water drainage are suitable for the proposed development;
d. The proposed subdivision makes adequate provision for water supply, storm drainage,
sewage disposal, streets, erosion control and all other improvements required by the
subdivision ordinance;
e. The proposed subdivision will not cause significant environmental damage;
f. The proposed subdivision will not conflict with easements of record; and
2
g. The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
1) Lack of adequate storm water drainage.
2) Lack of adequate roads.
3) Lack of adequate sanitary sewer systems.
4) Lack of adequate off-site public improvements or Support systems -
6. Section 20-58 of the City Code provides the following criteria for the granting of a
variance:
a. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances are consistent with the
comprehensive plan. The proposed variance provides a uniform Primary Zone
Setback since the city is designating the Primary. Corridor Boundary as incidental to
outlots A and C, which is more convenience then actual boundary.
b. There are practical difficulties in complying with the zoning ordinance, which include
the fact that the city is designating die Primary Corridor Boundary as incidental to
outlots A and C. "Practical difficulties," as used in connection with the granting of a
variance, means that the property owner proposes to use the property in a reasonable
manner not permitted by this Chapter. Development of the site for single-family
homes is a reasonable use of the parcel. Practical difficulties include, but are not
limited to, inadequate access to direct sunlight for solar energy systems.
c. That the purpose of the variation is not based upon economic considerations alone,
but permits the efficient and logical development of the site.
d. The plight of the landowner is due to circumstances unique to the property not created
by the landowner since the city is designating the Primary Corridor Boundary as
incidental to outlots A and C.
e. The variance, if granted, will not alter the essential character of the locality, but would
permit the development of homes similar to those in the development to the east.
f. Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter, which
is not applicable to this development.
7. Variance findings within a subdivision:
a. The hardship is not a mere inconvenience by providing reasonable access to two properties,
eliminating an access to Highway 10 1 while reducing potential impacts to the natural
features on the site;
b. The hardship is caused by the particular physical surroundings, shape or topographical
conditions of the land including wetlands, Bluff Creek and significant areas of poor soils;
c. The condition or conditions upon which the request is based are unique and not generally
applicable to other property because of the previously stated conditions of the property;
d. The granting of a variance will not be substantially detrimental to the public welfare and is
in accord with the purpose and intent of this chapter, the zoning ordinance and
comprehensive plan since it will reduce direct access to Highway 10 1 and reduce potential
impacts on the site.
8. When approving a conditional use permit the City must determine the capability of a proposed
development with existing and proposed uses. The general issuance standards of the
conditional use Section 20-232, include the following 12 items:
a. The proposed development will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city. The developer
shall preserve and protect the Bluff Creek primary zone.
b. 'Me proposed development will be consistent with the objectives of the city's
comprehensive plan and this chapter. The developer shall preserve and protect the Bluff
Creek primary zone.
c. The proposed development will be designed, constructed, operated and maintained so to be
compatible in appearance with the existing or intended character of the general vicinity and
will not change the essential character of that arm 'Me project proposes the development
of homes similar to those in the development to the east. The developer shall preserve and
protect the Bluff Creek primary zone.
d. The proposed development will not be hazardous or disturbing to existing or planned
neighboring uses. The project proposes the development of homes similar to those in the
development to the east. The developer shall preserve and protect the Bluff Creek primary
zone.
e. The proposed development will be served adequately by essential public facilities and
services, including streets, police and fire protection, drainage structures, refuse disposal,
water and sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use. The development will reduce one, direct access on to Highway 101. The
developer shall preserve and protect the Bluff Creek primary zone as permanent open space.
f. The proposed development will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community. The
developer shall preserve and protect the Bluff Creek primary zone as permanent open space
and dedicate such land to the city.
g. The proposed development will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors,
4
rodents, or trash. The developer shall preserve and protect the Bluff Creek primary zone as
permanent open space.
h. The proposed development will have vehicular approaches to the property which do not
create traffic congestion or interfere with traffic or surrounding public thoroughfares. As
noted, the development will eliminate one, dorect access on to Highway 101. The
developer shall preserve and protect the Bluff Creek primary zone as permanent open space.
i. The proposed development will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance. The developer shall preserve and
protect the Bluff Creek pnmary zone as permanent open space -
J. The proposed development will be aesthetically compatible with the area. The project
proposes the development of homes similar to those in the development to the east. The
developer shall preserve and protect the Bluff Creek primary zone as permanent open space.
k. The proposed development will not depreciate surrounding property values. The project
proposes the development of homes similar to those in the development to the east. The
developer shall preserve and protect the Bluff Creek primary zone as permanent open space,
potentially improving property values.
1. The proposed development will meet standards prescribed for certain uses as provided in
Chapter 20, Articles IV, VI, XIV Division 1, and XX)U of the Chanhassen City Code. The
developer shall preserve and protect the Bluff Creek primary zone as permanent open space
as required by city code.
9. The planning report #2011-13 dated June 7, 2016, prepared by Robert Generous, et al, is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that City Council approve the Conditional Use
Pern-iit for development in the Bluff Creek Overlay District (BCOD), rezoning from Agricultural
Estate District (A-2) to Residential Low and Medium Density (RLM), and a 43 -lot preliminary
plat with variances for a private street and a 20 foot Primary Corridor Boundary setback, plans
prepared by Alliant Engineering, Inc. dated 5-6-16, subject to the conditions of the staff repoM
and table the Wetland Alteration Permit.
ADOPTED by the Chanhassen Planning Commission this 7th day of June, 2016.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
Uff OF
CMSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
August 26, 2016
Bill Coffman
6102 Olson Memorial Hwy.
Golden Valley, MN 55422
Re: Planning Case #2016-20, Wedand Alteration Permit
Dear Mr. Coffman:
This letter is to inform you that on August 22, 2016, the Chanhassen City Council
approved a Wetland Alteration Permit for the Foxwood Development located at 9150 and
9250 Great Plains Blvd in Chanhassen for the purpose of creating a single-family
residential development, subject to the following conditions:
Engineering
I A letter from the Board of Soil and Water Resources stating that the credits have
Phone: 952.227.1160
been debited and applied towards this impact must be provided prior to any
Fax: 952.227.1170
disturbance of the wetland.
Finance
2. An erosion prevention and sediment control plan consistent with Section 19-154
Phone: 952.227.1140
of city code must be included.
Fax:952.227.1110
Public Worits
3. The plan must indicate how temporary impacts to the buffer area will be
Park & Recreation
Phone: 952,227.1120
permanently stabilized.
Fax: 952.227.1110
4. The applicant must obtain approvals from the Riley Purgatory Bluff Creek
Recreation Center
Watershed District.
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
The City will record the Variance and the Wetland Alteration Permit on the property with
Carver County. The applicant must comply with Chapter 8420.0522. of the Wetland
Planning &
Conservation Act Rules.
Natural Resources
ec: Kate Aanenson, Community Development Director
Phone: 952.227.1130
Fax: 952.227.1110
If you have any questions or need additional information, please contact me at (952) 227-
1173 or by email at kspreiter@ci.chanhassen.mn.us.
Public Worits
Sincerely,
7901 Park Place
Phone: 952.227.1300
Fax 952.227.1310
CITY OF CHANHASSEN
Senior Center
Phone: 952.227.1125
Fax:952.227.1110
Krista Spreiter
Natural Resources Technician
Website
www.d.chanhassen.mfl.us
ec: Kate Aanenson, Community Development Director
Todd Gerhardt, City Manager Ae %
r
Terry Jeffery, Water Resources Coordinator
gAplan\2016 pimning c�\2016-20 - foxwood wap\approval letter.doc
Chanhassen Is a Community for Life - Providing for Today and Planning for Tomorrow
IC( - '? 0
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
WETLAND ALTERATION PERMIT
LIM*=
Application of Bill Coffman of Gonyea Homes and Remodeling for a Wetland Alteration Permit
for wetland replacement for proposed impacts to one wetland, totaling.059 acres, as a part of the
proposed residential development project at 9150 and 9250 Great Plains Boulevard — Planning
Case 2016-20.
On August 16, 2016, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Bill Coffman of Gonyea Homes and Remodeling for a
wetland alteration permit to impact one wetland, identified as Wetland Basin 3. The total area
proposed to be impacted is .059 acres. The Planning Commission conducted a public hearing on
the wetland alteration permit which was preceded by published notice. The Planning
Commission heard testimony from all interested persons wishing to speak and now makes the
following:
FINDINGS OF FACT
1. The property is currently zoned Agricultural Estate (A2).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low -Density.
3. The legal description of the property is: Sections 23 and 24, TI 16N, R23W.
Wetland Alteration Permit Findings — Section 20-409 of the City Code provides that the Planning
Commission shall recommend a Weiland Alteration Permit and the Council shall issue such
Wetland Alteration Permit only if it finds that:
a. The proposed project will not be detrimental to or endanger the public health, safi1y,
comfort, convenience or general welfare of the neighborhood or the city.
Finding: The proposed wetland impacts that will occur with the Foxwood development
have not been found to pose danger to public health, safety, comfort, convenience or
general welfare. The goal of the proposed project is to minimize impacts to the wetlands
on-site and to provide 46 single-family homes to be served by municipal utilities, and
create a safe, efficient, and interconnected neighborhood.
b. The proposed project will be consistent with the objectives of the City's Comprehensive
Plan and the Zoning chapter of the City Code.
Finding: The proposal is consistent with the objectives of the City's Comprehensive
Plan and City Code. The proposed development is consistent with City zoning.
SCANNW,
c. The proposed project will be designed, constructed, operated and maintained so to be
compatible in appearance with the existing or intended character of the general vicinity
and will not change the essential character of that area.
Finding: The appearance and character of the general vicinity will not change. Tbe
applicant has made a reasonable effort to minimize impacts to wetlands by locating the
access road further to the west. Currently, the proposed project is zoned as Agricultural
Estate, but is zoned for Residential Low -Density in the 2030 Land Use Plan. The
proposed project is consistent with the character and existing use of the area.
d. The proposed project will not be hazardous or disturbing to existing or planned
neighboring uses.
Finding: The wetland impacts proposed as a result of the project are not foreseen to
cause hazards or disturbance to existing or planned neighboring uses. The proposed
project is considered consistent with neighboring uses.
e. The proposed project will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water
and sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use.
Finding: Any changes to drainage structures or additional drainage and stormwater
facilities needed as a result of the proposed wetland impacts and development will be
designed and constructed by the applicant's contracted consultant in compliance with
City design standards. The development will extend municipal infrastructure, which will
be served by municipal services.
f The proposed project will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community.
Finding: The proposed wetland impacts associated with the development will not create
excessive need for public facilities and services.
g. The proposed project will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare because of excessive production of traffic, noise, smoke, fumes, glare,
odors, rodents, or trash.
Finding: The proposed wetland alterations are not expected to be detrimental to any
persons, property or the general welfare.
h. The proposed project will have vehicular approaches to the property which do not create
traffic congestion or interfere with traffic or surrounding public thoroughfares.
Finding: The proposed wetland impacts will not create nor interfere with traffic and
surrounding public thoroughfares. When completed, the proposed roadways will result
2
in access for the development and be designed in compliance with City design standards
and requirements.
i. The proposed project will not result in the destruction, loss or damage of solar access,
. natural, scenic or historic features of major significance.
Finding: T11e proposed wetland impacts associated with the project will have no impact
on solar access, natural, scenic or historic features of major significance.
j. The proposed project will be aesthetically compatible with the area.
Finding: The applicant has made a reasonable effort to minimize wetland impacts and
retain aesthetical compatibility within the area.
k. The proposed project will not depreciate surrounding property values.
Finding: The proposed wetland impacts have been minimized while still allowing for
the project to occur. The proposed project is consistent with neighboring uses and the
City's 2030 Comprehensive Plan.
4. The proposed project will meet standards prescribed for certain uses as provided in the
City Code.
20-410 (b) When a permit is issued allowing wetland alteration, the following
standards shall be followed:
(1) The alteration will not have a net adverse effect on the ecological
and hydrological characteristics of remaining wetland.
Finding: The applicant must meet the included conditions for the
proposed wetland impacts in order to avoid an adverse effect on
the ecological and hydrological characteristics of remaining
wetland.
(2) It shall be located as to minimize the impact on vegetation.
FTmding: Efforts have been made by the applicant to minimize the
impact on wetlands and vegetation through a variety of measures,
which included locating the access roadway further to the west.
(3) It shall not adversely change water flow.
Finding: The proposed development site's drainage plan is to be
designed by the applicant's engineer and comply with the City's
design standards and specifications.
(4) The size of the altered area shall be limited to the minimum
required for the proposed action.
Finding: The applicant has made a reasonable effort to limit the
proposed wetland impacts through minimization efforts.
(5) The disposal of any excess material is prohibited within remaining
wetland areas.
Finding: The applicant and their contractor are prohibited from
disposing of excess material within remaining wetland areas as
well as any other activities which may negatively impact the
remaining wetland areas.
(6) The disposal of any excess material shall include proper erosion
control and nutrient retention measures.
Finding: The applicant and their contractor must submit a
satisfactory erosion and sediment control plan, and comply with all
applicable sections of Chanhassen City Code, the City's Surface
Water Management Plan, and the Minnesota Pollution Control
Agency.
(7) Alterations to any wetland area are prohibited during waterfowl
breeding season or fish spawning season, unless it is determined by
the city that the wetland is not used for waterfowl breeding or fish
spawning -
Finding: The applicant and their contractor are required to refi-ain
from any wetland altering activity during waterfowl breeding and
fish spawning season.
(8) Alterations to wetland areas shall be mitigated in accordance with
the requirements of this article if the activity results in a loss of
wetland area and/or function and value of the wetland.
Finding: The applicant has submitted a replacement plan as part
of the Interagency Water Resource Application for Wetland
Replacement which was received on June 30, 2016. The applicant
is proposing to replace the impacted area using wetland bank
credits. The required replacement ratio is 2: 1. This is consistent
with Chapter 8420.0522. of the Wetland Conservation Act (WCA)
Rules, and City Code, Chapter 20, Article VI.
(9) Dedicated buffers in accordance with Sections 20-411.
Finding: The applicant must comply with the City's Wetland
Protection Ordinance and the local Watershed District's Wetland
Rule.
5. The planning report #2016-20, dated August 16, 2016, prepared by Krista Spreiter, is
incorporated herein.
RECOMMENDATION
The Chanhassen Planning Commission recommends that City Council approve
Wetland Alteration Permit #2016-20 and authorize the Water Resources Coordinator to sign
the Interagency Water Resource Application, subject to conditions within the staff report.
ADOPTED by the Chanhassen Planning Commission this 16dday of August, 2016.
CITY OF CHANHASSEN
BY:
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952-227.1110
Website
www.ci.chanhassen.mn.us
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Krista Spreiter, Natural Resources Technician
DATE: August 22, 2016 D VV�,
SUBJ: Foxwood Wetland Alteration Permit and Welland Replacement Plan
Planning Case 2016-20
PROPOSED MOTION
"The Chanhassen City Council approves Wetland Alteration Permit #2016-
20 and authorize the Water Resources Coordinator to sign the Interagency
Water Resource Application, subject to conditions within this staff report,
and adopts the attached Findings of Fact and Recommendation."
City Council approval requires a simple majority vote.
EXECUTrVE SUMMARY
The applicant is requesting a Wedand Alterattion Permit under Chanhassen City Code,
Chapter 20, Article VI, Weiland Protection, and approval of a wetland replacement plan
under the MN Weiland Conservation Act for the purpose of creating a residenfial
housing developmen� including 46 single-family residenfial lots at 9150 and 9250 Great
Plains Blvd.
The proposed development will result in .059 acres of impact to Wetland Basin 3.
These impacts will be mitigated for using wetland credits purchased by the applicant
from account #1175. This wetland bank is located in the same Bank Service Area
(BSA 9) and Major Watershed 33 as the proposed project. Therefore, the impacts are
required to be mitigated for at a 2:1 ratio, resulting in the purchase of .118 acres of
wetland credit from bank #1175. This is consistent with Chapter 8420.0522 of the
Wetland Conservation Act (WCA) Rules.
Chanhassen is a Community for Lite - Providing for Today and Planning for Tomorrow
Todd Gerhardt
Foxwood WAP — Planning Case 2016-20
August 22, 2016
Page 2
PLANNING COMMISSION SUMMARY
The Planning Commission held a public hearing on August 16, 2016, to review the wetland
alteration permit for the proposed Foxwood development project. The commission voted five to
zero on a motion recommending approval of the wetland alteration permit and wetland replacement
plan.
The applicant was present but did not come forward during the public heanng.
No members of the public were Present.
The Planning Commission minutes for August 16, 2016 arc a consent agenda item in the August 22,
2016 packet.
RECOMMENDATION
Staff recommends adoption of the following motion approving the Wetland Alteration Permit
and Wetland Replacement Plan:
"The Chanhassen City Council approves Wetland Alteration Permit #2016-20 and authorize
the Water Resources Coordinator to sign the Interagency Water Resource Application,
subject to conditions within this staff report, and adopts the attached Findings of Fact and
Recommendation."
ATTACHMENTS
1. Wetland Alteration Permit 2016-20.
2. Planning Commission Staff Report dated August 16, 2016.
gAplan\2016 planning ca�\2016-20 9641 Foxwood WAP\exmutive summary_98-22-2016.dwn
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants a wetland alteration permit for the following use:
For the purpose of the proposed Foxwood development at 9150 and 9250 Great Plains
Boulevard.
2. . The permit is for property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as Sections 23, and 24, T I 16N, R23W, and has the following
Parcel IDs: 250232 100 and 2502408 10.
3. Conditions. The Wetland Alteration Permit was approved subject to the following
conditions:
Wetland Alteration Permit
a. A letter from the Board of Soil and Water Resources stating that the credits have been
debited and applied towards this impact must be provided prior to any disturbance of the
wetland.
b. An erosion prevention and sediment control plan consistent with Section 19-154 of city
code must be included.
C. The plan must indicate how temporary impacts to the buffer area will be permanently
stabilized.
d. The applicant must obtain approvals from the Riley Purgatory Bluff Creek Watershed
District.
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit.
5. Lapse. If within one year of the issuance of this permit the authorized construction has
not been substantially completed or the use commenced, this permit shall lapse, unless an extension
is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Dated: August 22,2016
PA
CITY OF CHANHASSEN
0
SEAL
0
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER
Dennis Laufenburger, Mayor
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this _ day of _
20 by Denny Laufenburger, Mayor and Todd Gerhardt, City Manager, of the City of
Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to
authority granted by its City Council.
Notary Public
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
'iz"I
PROPOSED MOTION:
"T'he Chanhassen Planning Commission recommends that City Council approve Wetland
Alteration Permit #2016-20 and authorize the Water Resources Coordinator to sign the
Interagency Water Resource Application, subject to conditions within this staff report, and
adopts the attached Findings of Fact and Recommendation."
SUMMARY OF REQUEST: The applicant is requesting a Wefland Alteration Permit for the
development of a 44 -acre site to provide 46 new single-family residential lots. OY%<r
LOCATION: 9150 and 9250 Great Plains Blvd (PIDs 25250232100 and 250240810)
APPLICANT: Bill Coffinan
Gonyea Homes and Remodeling
6102 Olson Memorial Highway
Golden Valley, MN 55422
PRESENT ZONI[NG: Agricultural Estate (A2)
2030 LANI) USE PLAN: Residential Low -
Density
ACREAGE: 44 Acres
DENSITY : N/A
LEVEL OF CITY DISCRETION IN DECISION-
NLkEING:
Wetland Alteration Permit — The city's discretion in approving or denying a Wetland
Alteration Permit is limited to whether or not the proposal meets the standards outlined in the
Zoning Ordinance. If it meets these standards, the city must approve the wedand alteration
permit. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet
Planning Commission
Foxwood WAP — Planning Case 2016-20
August 16, 2016
Page 2 of I I
PROPOSAL
The applicant is requesting a Wedand Alteration Permit under Chanhassen City Code, Chapter 20,
Article VI, Wedand Protection, and approval of a wetland replacement plan under the MN Wetland
Conservation Act for the construction of a proposed single family residential development at 9150
and 9250 Great Plains Boulevard.
APPLICABLE REGULATIONS
Chapter 20, Article IV, Conditional Uses: Wetland Alteration Permits follow the Conditional
Use Permit criteria
Chapter 20, Article VI, Wetland Protection
MN Rules Chapter 8420.0500 through 8420.0526
Bill Coffinan of Gonyea Homes and Remodeling, applicant, is requesting a wetland alteration
permit for wetland impacts as a result of a proposed residential development that would involve
the creation of 46 new single-family residential lots, as well as related streets, utilities, and
stormwater treatment features. Currently, the property at 9150 Great Plains Boulevard is utilized
as a wholesale landscape growing facility. TIle property at 9250 Great Plains Boulevard is
currently a single-family residence. A portion of this property would be subdivided and be
included in the proposed development. The remaining portion of the property would remain a
single-family residence.
There are eight identified wetlands located within the proposed project boundaries, shown in
Figure 2, below. Wetlands were delineated and identified within the project site in the fall of
2015, and reviewed by the Technical Evaluation Panel on May I 01h , 2016. Four additional
wetland areas located on the Paulson property were added to the delineation at this time. The
amended delineation was submitted on July 5h, 2016 and was approved by the City of
Chanhassen on August 9'b, 2016.
Planning Commission
Foxwood WAP — Planning Case 2016-20
August 16, 2016
Page 3 of 11
Figure 2. Existing Wetlands
Figure 2 - Existing C onditionsMap (11-orld Imagery)
Pauhm (KES 2W -1,O)
0 250 5cc
fiFM
- LI
Planning Commission
Foxwood WAP — Planning Case 2016-20
August 16, 2016
Page 4 of I I
In order to accommodate the project, die applicant is proposing to impact .059 acres of Welland
Basin 3, as shown in Figure 3 below.
Figure 3. Existing Wetlands
FiWe 3 - Proposed Wetland Impact (Woj Id Imagery)
1111., on Nuneu F2UI� on Jas 10 1& 1.0.
a -50 5M
4b A Feet
WLMUG FAIR-IM17M
Planning Commission
Foxwood WAP — Planning Case 2016-20
August 16, 2016
Page 5 of I I
The Interagency Water Resource Permit Application for wettand replacement dated June 27,
2016, was received and noticed on June 30, 2016. The proposed project will result in .059 acres
of permanent impacts to Wetland Basin 3, which is one of eight identified wetland basins on the
property, shown in Figure 4, below. Wetland Basin 3 has been identified as a Type 1, seasonally
flooded basin. It is located in the southern portion of the property and flows into Wetland Basin
8.
Figure 4. Proposed Permanent Wedand Impacts to Wedand Basin 3.
The proposed .059 acres of wetland impacts resulting from the project are to be mitigated for
using wetland bank credits purchased by the applicant from account #1175. This wetland bank is
located in the same Bank Service Area (BSA 9) and Major Watershed 33 as the proposed
project. Therefore, the impacts are required to be mitigated for at a 2:1 ratio, resulting in the
purchase of. 118 acres of wetland credit from bank #1175. This is consistent with Chapter
8420.0522 of the Weiland Conservation Act (WCA) Rules.
Planning Commission
Foxwood WAP — Planning Case 2016-20
August 16,2016
Page 6 of I I
ALTERNATIVES
The Wetland Conservation Act requires the applicant to list at least two alternatives to the
proposed project that would avoid or minimize impacts to wetlands or waters (one of which may
be "no build" or "do nothing"). The applicant then must list and explain why the option
described in the application was chosen over these alternatives. The following alternatives were
presented in the MN Interagency Water Resource Application submitted by the applicant:
No Build Alternative
The no build alternative was not considered to be a viable option, as it would not fulfill
the project purpose, needs and goals.
Alternate 1: No Impact Alternative
A no impact alternative was considered, however dismissed as the impacts to Wetland 3
are the result of a necessary road crossing. An alternative road crossing, which would
entail shifting the access road to the north was considered. However, this would eliminate
the connection to the parcel to the south, which is required by the City for filture
development. This crossing would also provide utility services to the adjoining property.
Alternate 2
Shifting the road crossing to the east was also considered, which would then cross the
wetland at its narrowest point. Due to topography constraints however, this alternative
made it difficult to construct a safe and fimetional road.
These alternatives were rejected because they would require a reduction in project scale or
eliminate the required connection to the adjacent parcel.
Impact Minimization and Avoidance
The Wetland Conservation Act requires that if avoidance is not an option, the unavoidable
impacts are minimized to the greatest extent practicable. Efforts have been made by the
applicant to minimize the proposed wetland impacts by complying with required wetland buffers
and stormwater treatment as part of the development. The roadway was also located closer to
wetland 4, in order to reduce the amount of fill necessary, and resulting impact to wetland 3, due
to elevation difference between the two wetlands.
OTHERAGENCIES
The applicant is responsible for obtaining any permits or approvals from the appropriate
regulatory agencies and compliance with their conditions of approval.
Planning Commission
Foxwood WAP — Planning Case 2016-20
August 16, 2016
Page 7 of I I
FINDINGS
Wetland Alteration Permit Findings — Section 20-409 of the City Code provides that the Planning
Commission shall recommend a Wetland Alteration Permit and the Council shall issue Such
Wetland Alteration Permit only if it finds that:
a. The proposed project will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city.
Finding: The proposed wetland impacts that will occur with the Foxwood development
have not been found to pose danger to public health, safety, comfort, convenience or
general welfare. The goal of the proposed project is to minimize impacts to the wetlands
on-site and to provide 46 single-family homes to be served by municipal utilities, and
create a safe, efficient, and interconnected neighborhood.
b. The proposed project will be consistent with the objectives of the Citys Comprehensive
Plan and the Zoning chapter of the City Code.
Finding: The proposal is consistent with the objectives of the City's Comprehensive
Plan and City Code. The proposed development is consistent with City zoning.
c. The proposed project will be designed, constructed, operated and maintained so to be
compatible in appearance with the existing or intended character of the general vicinity
and will not change the essential character of that area.
Finding: The appearance and character of the general vicinity will not change. The
applicant has made a reasonable effort to minimize impacts to wetlands by locating the
access road further to the west. Currently, the proposed project is zoned as Agricultural
Estate, but is zoned for Residential Low -Density in the 2030 Land Use Plan. Tlie
proposed project is consistent with the character and existing use of the area.
d. The proposed project will not be hazardous or disturbing to existing or planned
neighboring uses.
Finding: The wetland impacts proposed as a result of the project are not foreseen to
cause hazards or disturbance to existing or planned neighboring uses. The proposed
project is considered consistent with neighboring uses.
e. The proposed project will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water
and sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use.
Finding: Any changes to drainage structures or additional drainage and stormwater
facilities needed as a result of the proposed wetland impacts and development will be
Planning Commission
Foxwood WAP — Planning Case 2016-20
August 16, 2016
Page 8 of I I
designed and constructed by the applicant's contracted consultant in compliance with
City design standards. The development will extend municipal infi-astructure, which will
be served by municipal services.
f The proposed project will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community.
Finding: The proposed wetland impacts associated with the development will not create
excessive need for public facilities and services.
g. The proposed project will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare because of excessive production of traffic, noise, smoke, fumes, glare,
odors, rodents, or trash.
Finding: The proposed wetland alterations are not expected to be detrimental to any
persons, property or the general welfare.
h. The proposed project will have vehicular approaches to the Property which do not create
traffic congestion or interfere with traffic or surrounding public thoroughfares.
Finding: The proposed wetland impacts will not create nor interfere with traffic and
surrounding public thoroughfares. When completed, the proposed roadways will result
in access for the development and be designed in compliance with City design standards
and requirements.
i. The proposed project will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance.
Finding: The proposed wetland impacts associated with the project will have no impact
on solar access, natural, scenic or historic features of major significance.
The proposed project will be aesthetically compatible with the area.
Finding: The applicant has made a reasonable effort to minimize wetland impacts and
retain aesthetical compatibility within the area.
k. The proposed project will not depreciate surrounding property values.
Finding: The proposed wetland impacts have been minimized while still allowing for
the project to occur. The proposed project is consistent with neighboring uses and the
City's 2030 Comprehensive Plan.
1. The proposed project will meet standards prescribed for certain uses as provided in the
City Code.
Planning Commission
Foxwood WAP — Planning Case 2016-20
August 16,2016
Page 9 of I I
20-410 (b) When a permit is issued allowing wetland alteration, the following
standards shall be followed:
(1) The alteration will not have a net adverse effect on the ecological
and hydrological characteristics of remaining wetland.
Finding: The applicant must meet the included conditions for the
proposed wetland impacts in order to avoid an adverse effect on
the ecological and hydrological characteristics of remaining
wetland.
(2) It shall be located as to minimize the impact on vegetation.
Finding: Efforts have been made by the applicant to minimize the
impact on wetlands and vegetation through a variety of measures,
which included locating the access roadway further to the west.
(3) It shall not adversely change water flow.
Finding: The proposed development site's drainage plan is to be
designed by the applicant's engineer and comply with the City's
design standards and specifications.
(4) The size of the altered area shall be limited to the minimum
required for the proposed action.
Finding: 'Me applicant has made a reasonable effort to limit the
proposed wetland impacts through nummization efforts.
(5) The disposal of any excess material is prohibited within remaining
wetland areas.
Finding: The applicant and their contractor are prohibited from
disposing of excess material within remaining wetland areas as
well as any other activities which may negatively impact the
remaining wedand areas.
(6) The disposal of any excess material shall include proper erosion
control and nutrient retention measures.
Finding: The applicant and their contractor must submit a
satisfactory erosion and sediment control plan, and comply with all
applicable sections of Chanhassen City Code, the City's Surface
Water Management Plan, and the Minnesota Pollution Control
Agency.
Planning Commission
Foxwood WAP — Planning Case 2016-20
August 16, 2016
Page 10 of I I
(7) Alterations to any wetland area are prohibited during waterfowl
breeding season or fish spawning season, unless it is determined by
the city that the wetland is not used for waterfowl breeding or fish
spawning.
Finding: The applicant and their contractor are required to refrain
from any wetland altering activity during waterfowl breeding and
fish spawning season.
(8) Alterations to wetland areas shall be mitigated in accordance with
the requirements of this article if the activity results in a loss of
wetland area and/or function and value of the wetland.
Finding: The applicant has submitted a replacement plan as part
of the interagency Water Resource Application for Wetland
Replacement which was received on June 30, 2016. The applicant
is proposing to replace the impacted area using wetland bank
credits. The required replacement ratio is 2: 1. This is consistent
with Chapter 8420.0522. of the Wetland Conservation Act (WCA)
Rules, and City Code, Chapter 20, Article VL
(9) Dedicated buffers in accordance with Sections 20-411.
Finding: The applicant must comply with the City's Wetland
Protection Ordinance and the local Watershed District's Wedand
Rule.
In order to accommodate the proposed project, the plan proposes impacts to one wetland, totaling
.059 acres of permanent wetland impact. The applicant, Gonyea Homes and Remodeling, is
proposing to replace the permanently impacted area resulting from the proposed driveway
construction, using credits from wetland bank #1175. This requires a 2:1 replacement ratio,
which is consistent with Chapter 8420.0522. of the Wetland Conservation Act (WCA) Rules.
The applicant must receive the City's approval of a wetland replacement plan prior to any
wetland impact occurring.
SUMMARY
'Me applicant is requesting a Wetland Alteration Permit and approval of a wetland replacement
plan under the MN Wetland Conservation Act for the construction of the proposed Foxwood
development located at 9150 and 9250 Great Plains Blvd. The applicant has made sufficient
efforts in reducing and avoiding impacts to wetlands on the property.
Planning Commission
Foxwood WAP — Planning Case 2016-20
August 16,2016
Page 11 of 11
Staff recommends that the Planning Commission recommends that City Council approve
Wetland Alteration Permit #2016-20 and authorize the Water Resources Coordinator to sign
the Interagency Water Resource Application, subject to conditions within this staff report,
and adopts the following Findings of Fact and Recommendation:
Wetland Alteration Permit
A letter from the Board of Soil and Water Resources stating that the credits have been
debited and applied towards this impact must be provided prior to any disturbance of the
wetland.
2. An erosion prevention and sediment control plan consistent with Section 19-154 of city code
must be included.
3. The plan must indicate how temporary impacts to the buffer area will be permanently
stabilized.
4. The applicant must obtain approvals from the Riley purgatory Bluff Creek Watershed
District.
ATTACEMENTS
1. Findings of Fact and Recommendation for Wetland Alteration Permit.
2. Development Review Application.
3. Minnesota Interagency Water Resource Application.
4. Affidavit of Mailing of Public Hearing Notice.
5. Memorandum from Applicant� dated July 27, 2016
g:\plan\2016 planning cwm\2016-20 Foxwood WAP\staff report.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
WETLAND ALTERATION PERMIT
WRIA
Application of Bill Coffman of Gonyea Homes and Remodeling for a Wetland Alteration Permit
for wetland replacement for proposed impacts to one wetland, totaling .059 acres, as a part of the
proposed residential development project at 9150 and 9250 Great Plains Boulevard — Planning
Case 2016-20.
On August 16, 2016, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Bill Coffinan of Gonyea Homes and Remodeling for a
wetland alteration permit to impact one wetland, identified as Wetland Basin 3. The total area
proposed to be impacted is .059 acres. The Planning Commission conducted a public hearing on
the wetland alteration permit which was preceded by published notice. The Planning
Commission heard testimony from all interested persons wishing to speak and now makes the
following:
FINDINGS OF FACT
1. The property is currently zoned Agricultural Estate (A2).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low-DensitY.
3. The legal description of the property is: Sections 23 and 24, TI 16N, R23W.
Wetland Alteration Permit Findings — Section 20-409 of the City Code provides that the Planning
Commission shall recommend a Wedand Alteration Permit and the Council shall issue such
Wetland Alteration Permit only if it finds that:
a. The proposed project will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city.
Finding: The proposed wetland impacts that will occur with the Foxwood development
have not been found to pose danger to public health, safety, comfort, convenience or
general welfare. The goal of the proposed project is to minimize impacts to the wetlands
on-site and to provide 46 single-family homes to be served by municipal utilities, and
create a safe, efficient, and interconnected neighborhood.
b. The proposed project will be consistent with the objectives of the City's Comprehensive
Plan and the Zoning chapter of the City Code.
Finding: The proposal is consistent with the objectives of the City's Comprehensive
Plan and City Code. The proposed development is consistent with City zoning.
c. The proposed project will be designed, constructed, operated and maintained so to be
compatible in appearance with the existing or intended character of the general vicinity
and will not change the essential character of that area.
Finding: The appearance and character of the general vicinity will not change. The
applicant has made a reasonable effort to minimize impacts to wetlands by locating the
access road further to the west. Currently, the proposed project is zoned as Agricultural
Estate, but is zoned for Residential Low -Density in the 2030 Land Use Plan. The
proposed project is consistent with the character and existing use of the area.
d. The proposed project will not be hazardous or disturbing to existing or planned
neighboring uses.
Finding: The wetland impacts proposed as a result of the project are not foreseen to
cause hazards or disturbance to existing or planned neighboring uses. The proposed
project is considered consistent with neighboring uses.
e. The proposed project will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water
and sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use.
Finding: Any changes to drainage structures or additional drainage and stormwater
facilities needed as a result of the proposed wetland impacts and development will be
designed and constructed by the applicant's contracted consultant in compliance with
City design standards. The development will extend municipal infrastructure, which will
be served by municipal services.
f. The proposed project will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community.
Finding: The proposed wetland impacts associated with the development will not create
excessive need for public facilities and services.
g. The proposed project will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare because of excessive production of traffic, noise, smoke, fumes, glare,
odors, rodents, or trash.
Finding: The proposed wetland alterations are not expected to be detrimental to any
persons, property or the general welfare.
h. The proposed project will have vehicular approaches to the property which do not create
traffic congestion or interfere with traffic or surrounding public thoroughfares.
Finding: The proposed wetland impacts will not create nor interfere with traffic and
surrounding public thoroughfares. When completed, the proposed roadways will result
in access for the development and be designed in compliance with City design standards
and requirements.
i. The proposed project will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance.
Finding: The proposed wetland impacts associated with the project will have no impact
on solar access, natural, scenic or historic features of major significance.
The proposed project will be aesthetically compatible with the area.
Finding: The applicant has made a reasonable effort to minimize wetland impacts and
retain aesthetical compatibility within the area.
k. The proposed project will not depreciate surrounding property values.
Finding: The proposed wetland impacts have been minimized while still allowing for
the project to occur. The proposed project is consistent with neighboring uses and the
City's 2030 Comprehensive Plan.
4. The proposed project will meet standards prescribed for certain uses as provided in the
City Code.
20410 (b) When a permit is issued allowing wetland alteration, the following
standards shall be followed:
(1) The alteration will not have a net adverse effect on the ecological
and hydrological characteristics of remaining wetland.
Finding: The applicant must meet the included conditions for the
proposed wetland impacts in order to avoid an adverse effect on
the ecological and hydrological characteristics of remaining
wetland.
(2) it shall be located as to minimize the impact on vegetation.
Finding: Efforts have been made by the applicant to minimize the
impact on wetlands and vegetation through a variety of measures,
which included locating the access roadway ftuther to the west.
(3) It shall not adversely change water flow.
Finding: The proposed development site's drainage plan is to be
designed by the applicant's engineer and comply with the City's
design standards and specifications.
(4) The size of the altered area shall be limited to the minimum
required for the proposed action.
Finding: The applicant has made a reasonable effort to limit the
proposed wctland impacts through minimization efforts.
(5) The disposal of any excess material is prohibited within remaining
wetland areas.
Finding: The applicant and their contractor are prohibited from
disposing of excess material within remaining wetland areas as
well as any other activities which may negatively impact the
remaining wetland areas.
(6) The disposal of any excess material shall include proper erosion
control and nutrient retention measures.
Finding: The applicant and their contractor must submit a
satisfactory erosion and sediment control plan, and comply with all
applicable sections of Chanhassen City Code, the City's Surface
Water Management Plan, and the Minnesota Pollution Control
Agency.
(7) Alterations to any wetland area are prohibited during waterfowl
breeding season or fish spawning season, unless it is determined by
the city that the wetland is not used for waterfowl breeding or fish
spawning.
Finding: The applicant and their contractor are required to refirain
from any wetland altering activity during waterfowl breeding and
fish spawning season.
(8) Alterations to wetland areas shall be mitigated in accordance with
the requirements of this article if the activity results in a loss of
wetland area and/or function and value of the wetland.
Finding: The applicant has submitted a replacement plan as part
of the interagency Water Resource Application for Wetland
Replacement which was received on June 30, 2016. The applicant
is proposing to replace the impacted area using wetland bank
credits. The required replacement ratio is 2: 1. This is consistent
with Chapter 8420.0522. of the Wetland Conservation Act (WCA)
Rules, and City Code, Chapter 20, Article VI.
(9) Dedicated buffers in accordance with Sections 20-411.
Finding: The applicant must comply with the City's Wetland
Protection Ordinance and the local Watershed District's Wetland
Rule.
4
5. The planning report #2016-20, dated August 16, 2016, prepared by Krista Spreiter, is
incorporated herein.
RECOMMENDATION
The Chanhassen Planning Commission recommends that City Council approve
Wetland Alteration Permit #2016-20 and authorize the Water Resources Coordinator to sign
the Interagency Water Resource Application, subject to conditions within the staff report.
ADOFFED by the Chanhassen Planning Commission this 16'h day of August, 2016.
CITY OF CHANHASSEN
L. "I
Andrew Aller, Chairman
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-1300 / Fax: (952) 227-1110
0 CITY OF CHMNSEN
APPLICATION FOR DEVELOPMENT REVIEW
Submittal Date: 6/30/2015 PC Date: 8/16/2016 CC Date: 8/22/2016 60 -Day Review Date: 8/23/2016
Section 1: Application Type (check all that apply)
(Refer to the appropriate Application Checklist for required submittal information that must accompany this application)
F-1
Comprehensive Plan Amendment .........................
$600
D
Subdivision (SUB)
El Site Plan Agreement
El Vacation
Minor MUSA line for failing on-site sewers ......
$100
Z Welland Alteration Permit
E] Create 3 lots or less .........................................
$300
Easements I_ easements)
0 Create over 3 lots ...................... $600 + $15 per lot
El
Conditional Use Permit (CUP)
2:
Required Information
(_ lots)
Single -Family Residence .................................
$325
Metes & Bounds (2 lots) ..................................
$300
All Others .........................................................
$425
E] Consolidate Lots ..............................................
$150
El Lot Line Adjustment .........................................
$150
Interim Use Permit (IUP)
El Final Plat ....................................... ..................
$700
El In conjunction with Single -Family Residence..
$325
(Includes $450 escrow for attorney costs)*
F� All Others .........................................................
$425
*Additional escrow may be required for other applications
through the development contract.
Rezoning (REZ)
Planned Unit Development (PUD) ...................
$750
El
vacation of Easements/Right-of-way (VAC) ........
$300
Minor Amendment to existing PUD .................
$100
(Additional recording fees may apply)
AllOthers .........................................................
$500
EJ
Variance (VAR) ... ................................................
$200
Sign Plan Review .......................................... ........
$150
Z
Wetland Alteration Permit (WAP)
El
Site Plan Review (SPR)
[:1 Single -Family Residence ...............................
$150
F Administrative ..................................................
$100
Z All Others .......................................................
$275
El Commercial/Industrial Districts* ......................
$500
E]
Zoning Appeal ...................... ...............................
$100
Plus $10 per 1,000 square feet of building area:
thousand square feet)
El
Zoning Ordinance Amendment (ZOA) .................
$500
Include number of existing employees:
* Inducle number of new employees:
Residential Districts .........................................
$500
NOTE: When multiple applications are processed concurrently,
Plus $5 per dwelling unit ( units)
the
appropriate fee shall be charged for each application.
0 Notification Sign (City to install and remove) ................................
................................. $200
Property Owners' List within 500' (City to generate after pre -application meeting) ................................................... $3 per address
addresses)
Escrow for Recording Documents (check all that apply) .... ........ ......................................................
$50 per document
0 Conditional Use Permit
F
Interim Use Permit
El Site Plan Agreement
El Vacation
F
Variance
Z Welland Alteration Permit
Metes & Bounds Subdivision (2 deeds)
[_1
Easements I_ easements)
TOTALFEE: $543.00
Section
2:
Required Information
Description of Proposal�
Property Address or Location: 9150 and 9250 Great Plains Blvd, C-anhassen
Parcel #: — 250232100 and 250240810 Legal Description: Sections 23, 24, T116N. R23W
Total Acreage: 42.5 Total ac7 .059 proposed impact. Wetlands Present? Z Yes 0 No
Present Zoning: A2 - Agricultural Estate Requested Zoning: N/A
Present Land Use Designation: Residential Low -Density Requested Land Use Designation: N/A
Existing Use of Property: Residential/Agricultura
El Check box is separate narrative is attached.
ISection 3: Property Owner and Applicant Information
APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, 1, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. If this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. This application
should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this
application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I
further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to
any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct.
Name:
Contact:
Address: 6102 Olson Memorial Hwy Phone: 612-202-0692
City/State/Zip: Golden Valley, MN 55422 Cell:
Email: billcoffman(cDcbburnet.com Fax:
Signature: Date:
PROPERTY OWNER: In signing this application, 1, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of
the deadlines for submission of material and the progress of this application. I further understand that additional fees may
be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the
study. I certify that the information and exhibits submitted are true and correct.
Name: Contact:
Address: Phone:
City/State/Zip: Cell:
Email:
Signature:
Fax:
Date:
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all
information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the
appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and
applicable procedural requirements.
A determination of completeness of the application shall be made within 15 business days of application submittal. A
written notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
PROJECT ENGINEER (if applicable)
Name: K olhauq Environmental Services
Address: 26105 Wild Rose Lane
City/State/Zip: Sherwood, MN 55331 Cell:
Email: ben&kiolhaugenv.com Fax:
Contact: Ben Carlson
Phone: 952-401-8757
ISection 4: Notification Information I
Who should receive copies of staff reports?
*Other Contact Information:
Property Owner Via:
El Email
El Mailed Paper Copy
Name:
Applicant Via:
0 Email
El Mailed Paper Copy
Address:
Z
Engineer Via:
El Email
El Mailed Paper Copy
City/State/Zip:
M
Other* Via:
E] Email
[-] Mailed Paper Copy
Email:
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your
device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
copy to the city for processing (required).
Foxwood
City of Chanhassen, Carver County, Minnesota
Wetland Pennit Application
Preparedfor
Gonyea Homes & Remodeling
by
Kjolhaug Environmental Services Company, Inc.
(KES Project No. 2015-170)
June 27, 2016
Foxwood
City of Chanhassen, Carver County, Minnesota
Wetiand Permit Application
TABLE OF CONTENTS
1. INTRODUCTION/SUMMARY ................................................................................... 1
FIGURES
1. Site Location
2. Existing Conditions Map
3. Proposed Wetland impact
APPENDICES
A. Joint Application for Activities Affecting Water Resources in Minnesota
B. Proposed Project Plans
C. Wetland Bank Credit Purchase Documents
Project Purpose and Need .......................................................................................... I
Project Goals and Requirements ................................................................................ 2
H.
SITE DESCRIPTION ................................................................................... .............. 2
Proposed Project Location and Environmental Setting .............................................. 2
Wetland Delineation and Jurisdictional Status ........................................................... 3
III.
PROPOSED PROJECT ............................................................................................ 3
Proposed Project Description and Schedule ............................................................... 3
IV.
SEQUENCING DISCUSSION .................................................................................. 4
No -Build Alternative .................................................................................................. 4
Wetland Avoidance Design ........................................................................................ 5
ProposedAlternative .................................................................................................. 5
Wetland Impact Minimization ................................................................................... 5
Wetland Impact Rectification ..................................................................................... 5
Wetland Impact Reduction or Elimination Over Time .............................................. 5
ProposedWetland impacts ......................................................................................... 6
V.
WETLAND REPLACEMENT PLAN ................................................... ......... . . . ..... 6
Replacement Requirement and Preferred Replacement Plan ..................................... 6
VI.
REQUESTED APPROVALS .................................................................................... 6
FIGURES
1. Site Location
2. Existing Conditions Map
3. Proposed Wetland impact
APPENDICES
A. Joint Application for Activities Affecting Water Resources in Minnesota
B. Proposed Project Plans
C. Wetland Bank Credit Purchase Documents
Foxwood
City of Chanhassen, Carver County, Minnesota
Weiland Permit Application
1. INTRODUCTION/SUMMARY
Gonyea Homes is proposing to develop a 44 -acre site in the City of Chanhassen to provide 46
new single-family residential lots with associated strects, utilities, stormwater treatment areas,
and buffers on avoided wetlands. Stormwater management practices will provide treatment of
runoff prior to discharge to wetlands.
The project will be located west of Great Plains Boulevard (Highway 101) and south of Lyman
Boulevard (County Road 18) in Section 23, T I 16N, R23W, City of Chanhassen, Carver County,
Minnesota. The project falls in the Riley Creek Minor Watershed and Major Watershed 33
(Minnesota River - Shakopee).
The project will require 2,565 square feet (0.0589 acre) of fill in one wetland. The proposed
wetland impact is unavoidable due to the need for an interconnected street network and
residential land use efficiency.
Wetland impacts will be replaced through the purchase of 5,130 square feet (0. 1178 acre) of
wetland credit from the German Settlement Wetland Bank, account 1175. This wetland bank is
located within the same Major Watershed (33) and same Bank Service Area (9). Purchasing
wetland credits allows for replacement of wetland fimctions in advance of wetland fill and
replacement of unavoidable wetland impacts with equal or higher functioning compensatory
wetland mitigation.
The following narrative describes the site, the project, wetiand sequencing, and the wetland
replacement plan. Figures and appendices are referenced and attached. The Joint Application
Form for Activities Affecting Water Resources in Minnesota is included in Appendix A.
Prooect Purpose and Need
The purpose of Foxwood is to create a residential community that provides low density single-
family housing with connections to municipal utilities in the City of Chanhassen. The project
will help falfill the need for a variety of low density housing within the Metropolitan Urban
Service Area and the City of Chanhassen, consistent with the City of Chanhassen 2030
Comprehensive Plan.
Foxwood Weiland Pennit Application
Proiect Goals and Reguirements
The goals and requirements of Foxwood are to:
1. fulfill the project purpose as described above;
2. provide 46 single-family homes served by municipal water and sewer;
3. extend municipal infrastructure and services such as streets and storm sewer to serve the
proposed neighborhood;
4. create a safe, efficient, and interconnected transportation network with streets that extend
through the neighborhood and connect to adjoining lands;
5. provide effective drainage for die site while capturing and treating stormwater runoff in a
manner consistent with local, state and federal standards;
6. avoid and minimize effects on wetlands and water resources to the extent practicable;
7. replace unavoidable wetland impacts with compensatory wetland mitigation that has
wetland functions equal to or exceeding those of the impacted wetlands; and
8. establish easements over avoided wetlands and buffers to help ensure their long-term
protection.
U. SITE DESCRIPTION
Proposed Proiect Location and Environmental Settina
The project is proposed on 44 acres of land located west of Great Plains Boulevard (Highway
101) and south of Lyman Boulevard (County Road 18) in Section 23, TI 16N, R23W, City of
Chanhassen, Carver County, Minnesota (Figure 1). The site corresponds to two Carver County
PIDs: 250232100 (Wilson Property) and 250240810 (Paulson Property). The project falls in the
Riley Creek Minor Watershed and Major Watershed 33 (Minnesota River - Shakopee).
For the Wilson property, the northeast portion of the site was dominated by a tree nursery, the
southern portion was dominated by grassy meadow, hardwood, and coniferous forest. A barn
and several structures were present within the nursery portion of the parcel. For the Paulson
property, the majority of the site was forested with a single-family home located near the center
of the center of the parcel. Adjacent land use was primarily single-family homes, hardwood and
coniferous forest, and a community park. The center of the site was highest in elevation with the
site sloping downward to the north and south towards Wetlands I and 4. Eight depressional
wetlands were identified and delineated throughout the two properties (FIgure 2).
The site topography includes significant slopes and flat basins. Elevations are highest at 934 feet
above msl in the center of the site, and lowest at 886 feet in the northwestern part of the site
(within Weiland 1).
Foxwood
Wetland Delineation and Jurisdictional Status
Weiland Permit Application
Kjolhaug Environmental Services Company (KES) inspected the 38.85 -acre Wilson Nursery
Property on October 2, 2015 for the presence and extent of wetland. The 4.99 -acre Paulson
Property was inspected on April 26, 2016 for the presence and extent of welland. The sites were
reviewed and field verified by the Technical Evaluation Panel (TEP) on May 10'. The approved
wetland boundaries are shown of FIgure 2. The Wilson/Paulson wetland delineation report was
submitted to the regulatory agencies on June 7, 2016 and approval is pending (the TEP agreed
with the wetland delineation during the site review as depicted on Figure 2).
A request to the U.S. Army Corps of Engineers (USACE) for a Preliminary Jurisdictional
Determination was submitted with the delineation report.
Delineated wetlands are shown on Figure 2 and wetland characteristics are listed in Table 1
below. A copy of the complete Delineation Report is available upon request.
Table 1. Wetlands delineated on the Wilson Nursery/Paulson site
Welland
Welland
Dominant Vegetation
ID
Circular 39 Cowardin Eggers and Reed
Seasonally flooded
I
Type 1/3/5
PEMIA/PEMIC/
basin/shallow
Reed canary gniss, Typha spp.
(Wilson)
PUBG
marsh/shaflow open
water
2
Type I
PEMIA
Seasonally flooded
Reed canary grass
(Wilson)
basin
3
Type I
PEMIA
Seasonally flooded
Reed canary grass
Wilson)
basin
Seasonally flooded
4
PEMIA/PEMlC/
basin/shallow
Reed canary grass, cattail
(Wilson)
Type 1/3/5
PABG
marsh/shallow open
species, sedge species
water
5
Sedge, manna grass, Polygonum
aulson)
Type 3
PEMIC
Shallow marsh
sp., broad-leaved cattail
6
Type I
PEMIA
Seasonally flooded
Sedge, hog -peanut
basin
—Paulson)
7
Type I
PFOIA
—
Ry flooded
American elm, bur oak
Paulson)
I
basin, forested
Reed canary grass, garlic
PEMIA/PFOIA/
Seasonally flooded
mustard, comnion buckthorn,
Type I/IIJ3
PEMIC
basin/forested/
American elm, boxelder, Typha
shallow marsh
SM.
IH. PROPOSED PROJECT
Proi)osed Prolect Description and Schedule
Gonyea Homes is proposing to develop a 44 -acre site in the City of Chanhassen to provide 46
new single-family residential lots with associated streets, utilities, stormwater treatment areas,
Foxwood Wetland Pennit Application
and buffers on avoided wetlands (Grading Plan). Stormwater management practices will
provide treatment of runoff prior to discharge to wetlands. Foxwood will be consistent with the
City of Chanhassen Comprehensive Plan, which guides the area for low density residential
development.
Paved municipal streets will be extended through the development area to access residential lot
locations. Streets will connect to Great Plains Boulevard to the northeast and will be stubbed in
for future extension onto adjoining properties to the south.
Project construction is expected to start in late summer of 2016. Foxwood will be graded in one
phase. Streets and infrastructure such as storm sewer will be installed at the initiation of
construction. Earthwork and seeding is expected to be completed by December of 2016.
Completion of home construction will follow per market demands.
IV. SEQUENCING DISCUSSION
All project options considered met the following goals for the development project:
1. Construct 46 single-family homes served by municipal water and sewer.
2. Install utility services, including water, sanitary sewer, communications, and electricity.
3. Provide treatment of storm water to applicable City, State and Federal standards.
4. Mitigate for indirect impacts to wetlands and provide replacement per WCA and Section
404 requirements.
The following discussion addresses wetland avoidance, impact minimization, impact reduction
and elimination over time, and replacement in compliance with Minnesota Welland Conservation
Act (WCA) and Section 404 of the Clean Water Act (404) requirements. Specifically, the
sequencing discussion includes a summary of alternatives considered and changes made to the
plan to minimize wetland impacts.
No -Build Alternative
The No -Build Alternative was considered as a way to eliminate wetland impacts associated with
the project. Although the no -build alternative would avoid wetland impacts, it would not fulfill
the project purpose, need, goals, or requirements. The No -Build Alternative would not be
consistent with the City of Chanhassen Comprehensive Plan, which guides the project area for
low density residential development, nor would it be consistent with policies set forth in the
Metropolitan Council's 2030 Regional Develgpment Framework, which: (1) targets higher
density in locations with convenient access to transportation corridors and adequate sewer
capacity, and (2) favors efficient and economical use of regional infrastructure.
Even if the no -build alternative were implemented, population growth and development pressure
would continue to affect the proposed development site. This would likely cause a similar
residential development proposal to arise for the property in the near ftiture. When similar land
development proposals have been unsuccessful in the past, another development proposal has
typically been brought forth as soon as market conditions become more favorable. For these
reasons the no -build alternative was rejected as an approach to avoiding wedand impacts.
Foxwood
Welland Avoidance Desi2n
Wetland Pennit Application
A second alternativeproject design that completely avoids all wetland impacts was considered.
A road is proposed to connect the Foxwood development to the adjoining property to the south.
This connection requires a crossing of Welland 3 resulting in 0.0589 acre of welland impact.
The wetland impact could be avoided if the road were stubbed north of the wetland. While this
design would eliminate direct impacts to Welland 3 it would also eliminate the connection to the
parcel to the south which is required by the City of Chanhassen for future development. In
addition to the road crossing at this location, utilities will cross at this location to the parcel to the
south providing services to the adjoining property.
A third alternative would be to shift the road crossing to the cast approximately 100' to cross the
wetland at its narrowest point. However, the topography at this location is rather steep making it
difficult to construct a safe and functional road. The topography at the proposed location is
flatter and a high point providing a more fimctional route for the road crossing.
Because the direct welland avoidance alternative design would require a reduction in
project scale and would eliminated the required connection to the adjacentparcel - it was
rejected as an alternative to avoiding welland impacts.
No alternatives were identified that met aU described Project reguirements while
completely avoidine both direct and indirect wetland impacts.
Wetland Impact Nlinimization
As previously indicated, shifting the road crossing to the east would minimize welland impact
however the topography at this location would make the road grade difficult to achieve. No
other wetland impacts are proposed.
Welland Impact Rectification
No temporary wetland impacts are proposed within wetlands on the site.
Wetland Impact Reduction or Elimination Over Time
Several practices to be implemented to help reduce or eliminate wetland impacts over time,
including:
1. designating buffers along avoided wetlands to protect against indirect impacts;
2. seeding disturbed portions of the buffers to appropriate grassland seed mixes to establish
permanent cover that will reduce or eliminate soil erosion and effects on offsite wetlands
and downstream water resources;
3. constructing stormwater basins to manage and reduce potential effects of stormwater
runoff-, and
4. complying with the NPDES Industrial Stormwater Permit to reduce pollutants in
stormwater discharges.
Foxwood Weiland Pennit Application
Proposed Plan/Summary of Impacts
Theproposedplan is included in Appendix B (Plan Sheet 22). The proposed project meets the
needs of Gonyea Homes, is compatible with adjacent land uses, and all required services can
efficiently be extended to the site. The development of this site for a housing development
represents orderly and logical use of available property and is an effective use of infi-astructure in
the City of Chanhassen.
Direct impact to Weiland 3 cannot be eliminated without significantly reducing the scope of the
project and eliminating the required connection to the adjacent property. The proposed plan
requires 0.0589 acre of permanent, unavoidable impact to Wetland 3.
V. WETLAND REPLACEMENT PLAN
The required replacement for wetland impacts in a county with less than 50 percent of its pre -
settlement wetland acreage remaining is at a 2:1 ratio. The project and proposed wetland bank
replacement site is in BSA 9 and major watershed #33.
The replacement calculations for the project are as follows:
0.0589 acre of proposed fill
x 2.0 (2: 1 ratio)
0. 1178 acre of required replacement
Replacement for project impacts will be satisfied through the purchase of 0. 1178 acre of
Standard Wetland Credit (SWC) from the German Settlement Wetland Bank. The bank site is
located in Bank Service Area 9 and major watershed #33, which is die same BSA and watershed
as the Foxwoods site.
A signed purchase agreement and the Application to Withdrawal Wetland Credits are included in
Appendix C. Monitoring and management is the responsibility of the German Settlement
Welland Bank.
VI. REQUESTED APPROVALS
Developing Foxwood in a manner consistent with the project purpose, need, goals, and
requirements will necessitate 2,565 square feet (0.0589 acre) of impact to Type I Seasonally
flooded wetland (FIgure 3). All wetland impacts will occur onsitc.
This application requests wetland approvals from the City of Chanhassen (Local Government
Unit administering the WCA) and the USACE (regulatory authority administering Section 404 of
the Clean Water Act). Specifically, this application requests:
1. wetland replacement plan approval from the City of Chanhassen; and
Foxwood Wetland Pennit Application
2. authorization under RGP-003-MN from the USACE.
Foxwood is eligible for authorization under USACE Regional General Permit RGP-003-MN,
Category 0, because it is a residential development that will fill less than 0.50 acre of wetlands
and Waters of the U.S.
Foxwood
Wetland Permit Apptication
FIGURES
1. Site Location
2. Existing Conditions Map
3. Proposed Wetland impact
N
z
........ . . .........
CR is 51111�
--- --- -- -- -
Figure I - Site Location Map
6.�—�ap (a.d) conthbutom, CC -BY -SA
N Wilson Nursery (YES 2015-170)
0 0.125 0.25 Chanhassen, Minnesota
mm== Miles Note: Boundaries indicated
on this figure are approxintate
KJOLHAUGENVIRONMENTAL SERVICES COMPANY and do not constitute an
official survey product.
Figure 2 - Existing Conditions Map (World Imagery)
N
0 250 500
L A EMMMME:::�� Feet
.. KjoLHAuGENVIRONM-ENTAL SERVICES COMPANY
Wilson Nursery/Paulson (KES 2015-170)
Chanhassen, Mnnesota
Note: Boundaries indicated
on this figure are approximate
and do not constitute an
official survey product.
kV
�- , 'i'l
1104 v
Wetland 3 Impact
2,565 sq ft (0.0589 ac)
V -� 1. wo-ow
f
I U
E3Proposed Welland Impact
r�l Approximate Boundary
Final Boundary 51216
Figure 3 - Proposed Wetland Impact (World Imagery)
Wilson Nursery/Paulson (KES 2015-170)
0 250 500 Chanhassen, Minnesota
mmmmm=:z3msmmKz= Feet Note: Boundaries indicated
on Ns figure are approxintifte
KjOLHAUGENVIRONMENTAL SERVICES COMPANY and do not constitute an
official survey product.
to" IF 4
V -� 1. wo-ow
f
I U
E3Proposed Welland Impact
r�l Approximate Boundary
Final Boundary 51216
Figure 3 - Proposed Wetland Impact (World Imagery)
Wilson Nursery/Paulson (KES 2015-170)
0 250 500 Chanhassen, Minnesota
mmmmm=:z3msmmKz= Feet Note: Boundaries indicated
on Ns figure are approxintifte
KjOLHAUGENVIRONMENTAL SERVICES COMPANY and do not constitute an
official survey product.
Foxwood
Wetland Permit Application
APPENDIX A
Joint Application for Activities Affecting Water Resources in Minnesota
Project Name and/or Number: Foxwood
PART ONE: Applicant Information
If applicant is an entity (company, government entity, partnership, etc.), an authorized contact person must be identified. If the
applicant is using an agent (consultant, lawyer, or other third party) and has authorized them to act on their behalf, the agent's
contact information must also be provided.
Applicant/Landowner Name: Bill Coffman, Gonyea Homes & Remodeling
MailingAddress: 6102 OLSON MEMORIAL HIGHWAY, GOLDEN VALLEY, MN 55422
Phone: (612)202-0692
E-mail Address: bilicoffman(@cbburnet.com
Contact (do not complete if same as above): Ben Carlson, Kjolhaug Environmental Services
MailingAddress: 26105 Wild Rose Lane Sherwood, MN 55331
Phone: 952-401-8757
E-mail Address: ben@kjolhaugenv.com
Agent Name:
Mailing Address:
Phone:
E-mail Address:
PART TWO: Site Location Information
County: Carver City/Township: Chanhassen
Parcel ID and/or Address: 250232100 (Wilson) and 250240810 (Paulson)
Legal Description (Section, Township, Range): Section 23, Township 116N, Range 23W
Lat/Long (decimal degrees):
Attach a map showing the location of the site in relation to local streets, roads, highways.
Approximate size of site (acres) or if a linear project, length (feet): " acres
If you know that your proposal will require an individual Permit from the U.S. Army Corps of Engineers, you must provide the
names and addresses of all property owners adjacent to the project site. This information may be provided by attaching a list to
your application or by using block 25 of the Application for Department of the Army permit which can be obtained at:
http://www.mvp.usace.army.mil/Portais/`571docs/regulatory/RegulatoryDocs/engform 4345 2012oct.pdf
PART THREE: General Project/Site Information
If this application is related to a delineation approval, exemption determination, jurisdictional determination, or other
correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number.
Describe the project that is being proposed, the project purpose and need, and schedule for implementation and completion. The
project description must fully describe the nature and scope of the proposed activity including a description of all project elements
that effect aquatic resources (wetland, lake, tributary, etc.) and must also include plans and cross section or profile drawings
showing the location, character, and dimensions of all proposed activities and aquatic resource impacts.
The applicant is proposing a single-family housing development with 46 lots within the City of Chanhassen. The project is
intended to fulfill the need for housing within the City. The City is requiring a necessary road crossing of Wetland 3 to provide
a future connection to the property to the south of the Wilson Property. Permanent wetland impact totals 0.0589 acre and
will be mitigated for through purchase of 0.1178 acre of wetland credits from the German Settlement Bank in Scott Co.
Minnesota Interagency Water Resource Application Form February 2014 Page 3 of 11
Project Name and/or Number: Foxwood
PART FOUR: Aquatic Resource Impact' Summary
If your proposed project involves a direct or indirect impact to an aquatic resource (wetland, lake, tributary, etc.) identify each
impact in the table below. Include all anticipated impacts, including those expected to be temporary. Attach an overhead view map,
aerial photo, and/or drawing showing all of the aquatic resources in the project area and the location(s) of the proposed impacts.
Label each aquatic resource on the map with a reference number or letter and identify the impacts in the following table.
Aquatic Resource
ID (as noted on
overhead view)
Aquatic
Resource Type
(wetland, lake,
tributary etc.)
Type of Impact
(fill, excavate,
drain, or
, remove
; vegetation)
Duration of
Impact
Permanent (P) Size of Impact'
or Temporary
(T)l
Overall Size of
Aquatic 3
Resource
Existing Plant
Community
Type(s) in
Impact Area'
County, Major
Watershed
an . d Bank
Service Area #
of Impact Area'
3
Wetland
Fill
P 0.0589
5 ac
Seasonally
Carver/#33/
flooded
BSA# 9
'if impacts are temporary; enter the duration of the impacts in days next to the 'T". For example, a project with a temporary access fi H that
would be removed after 220 days would be entered —T (220)'.
2impacts less than 0.01 acre should be reported in square feet. impacts 0.01 acre or greater should be reported as acres and rounded to the
nearest 0.01 acre. Tributary impacts must be reported in linear feet of impact and an area of impact by indicating first the linear feet of impact
along the flowline of the stream followed by the area impact in parentheses). For example, a project that impacts 50 feet of a stream that is 6
feet wide would be reported as 50 ft (300 square feet).
3This is generally only applicable if you are applying for a de minimis exemption under MIN Rules 8420.0420 Sulp. 8, otherwise enter "N/A".
'Use Wetiond Plants and Plant Community Types of Minnesota and Wisconsin 31d Ed. as modified in MN Rules 8420.0405 Subp. 2.
sRefer to Major Watershed and Bank Service Area maps in MN Rules 8420.0522 Subip. 7.
If any of the above identified impacts have already occurred, identify which impacts they are and the circumstances associated
with each:
PART FIVE: Applicant Signature
E] Check here if you are requesting a pre -application consultation with the Corps and LGU based on the information you have
provided. Regulatory entities will not initiate a formal application review if this box is checked.
By signature below, I attest that the information in this application is complete and accurate. I further attest that I possess the
authority to undertake the work described herein.
-010'
Signature: Date: 6/27/2016
1 hereby authorize to act on my behalf as my agent in the processing of this application and to furnish, upon request,
supplemental information in support of this application.
1 The term "impact" as used in this joint application form is a generic term used for disclosure purposes to identify
activities that may require approval from one or more regulatory agencies. For purposes of this form it is not meant to
indicate whether or not those activities may require mitigation/replacement.
Minnesota Interagency Water Resource Application Form February 2014 Page 4 of 11
Project Name and/or Number: Foxwood
Attachment C
Avoidance and Minimization
Project Purpose, Need, and Requirements. Clearly state the purpose of your project and need for your project. Also include a
description of any specific requirements of the project as they relate to project location, project footprint, water management,
and any other applicable requirements. Attach an overhead plan sheet showing all relevant features of the project (buildings,
roads, etc.), aquatic resource features (impact areas noted) and construction details (grading plans, storm water management
plans, etc.), referencing these as necessary:
The applicant is proposing a single-family housing development with 46 lots within the City of Chanhassen. The project is
intended to fulfill the need for housing within the City. The City is requiring a necessary road crossing of Wetland 3 to provide
a future connection to the property to the south of the Wilson Property. Permanent wetland impact totals 0.0589 acre and will
be mitigated for through purchase of 0.1178 acre of wetland credits from the German Settlement Bank. Storm water will be
treated to local/city/watershed/state standards.
Avoidance. Both the CWA and the WCA require that impacts to aquatic resources be avoided if practicable alternatives exist.
Clearly describe all on-site measures considered to avoid impacts to aquatic resources and discuss at least two project alternatives
that avoid all impacts to aquatic resources on the site. These alternatives may include alternative site plans, alternate sites, and/or
not doing the project. Alternatives should be feasible and prudent (see MN Rules 8420.0520 Subp. 2 Q. Applicants are encouraged
to attach drawings and plans to support their analysis:
All wetlands save Wetland 3 will be avoided. The City is requiring a necessary road crossing of Wetland 3 to provide a future
connection to the property to the south of the Wilson Property. The impact to Wetland 3 cannot be avoided.
Minimization. Both the CWA and the WCA require that all unavoidable impacts to aquatic resources be minimized to the greatest
extent practicable. Discuss all features of the proposed project that have been modified to minimize the impacts to water
resources (see MN Rules 8420.0520 Subp. 4):
The crossing of Wetland 3 minimizes the wetland impact to the extent possible without losing a significant number of lots.
Off -Site Alternatives. An off-site alternatives analysis is not required for all permit applications. if you know that your proposal
will require an individual permit (standard permit or letter of permission) from the U.S. Army Corps of Engineers, you may be
required to provide an off-site alternatives analysis. The alternatives analysis is not required for a complete application but must
be provided during the review process in order for the Corps to complete the evaluation of your application and reach a final
decision. Applicants with questions about when an off-site alternatives analysis is required should contact their Corps Project
Manager.
N/A
Minnesota Interagency Water Resource Application Form February 2014
Page 7 of 11
Project Name and/or Number: Foxwood
Attachment D
Replacement/Compensatory Mitigation
Complete this part if your application involves wetland replacement/compensatory mitigation not associated with the local road
wetland replacement program. Applicants should consult Corps mitigation guidelines and WCA rules for requirements.
Replacement/Compensatory Mitigation via Wetland Banking. Complete this section if you are proposing to use credits from an
existing wetland bank (with an account number in the State wetland banking system) for all or part of your
replacement/compensatory mitigation requirements.
Wetland Bank major
Account # County Watershed #
Bank
Service
Area #
redit Type
(if applicable) Number of Credits
1175 Scott 33
9
Shallow Mrsh 0.1178
Applicants should attach documentation indicating that they have contacted the wetland bank account owner and reached at
least a tentative agreement to utilize the identified credits for the project. This documentation could be a signed purchase
agreement, signed application for withdrawal of credits or some other correspondence indicating an agreement between the
applicant and the bank owner. However, applicants are advised not to enter into a binding agreement to purchase credits until the
mitigation plan is approved by the Corps and LGU.
Project -Specific Replacement/Permittee Responsible Mitigation. Complete this section if you are proposing to pursue actions
(restoration, creation, preservation, etc.) to generate wetland replacement/compensatory mitigation credits for this proposed
project.
WCA Action Eligible Corps Mitigation Credit % Credits major Bank
for Credit' Compensation Acres Requested Anticipated 3 County Watershed # Service
Technique' Area #
L L
'Refer to the name and subpart number in MN Rule 8420.0526.
'Refer to the technique listed in St. Paul District Policyfor Wetiond Compensatory Mitigation in Minnesota.
31f WCA and Corps crediting differs, then enter both numbers and distinguish which is Corps and which is WCA.
Explain how each proposed action or technique will be completed (e.g. wetland hydrology will be restored by breaking the tile ......
and how the proposal meets the crediting criteria associated with it. Applicants should refer to the Corps mitigation policy
language, WCA rule language, and all associated Corps and WCA guidance related to the action or technique:
N/A
Attach a site location map, soils map, recent aerial photograph, and any other maps to show the location and other relevant
features of each wetland replacement/mitigation site. Discuss in detail existing vegetation, existing landscape features, land use
(on and surrounding the site), existing soils, drainage systems (if present), and water sources and movement. Include a
topographic map showing key features related to hydrology and water flow (inlets, outlets, ditches, pumps, etc.):
N/A
Minnesota Interagency Water Resource Application Form February 2014 Page 8 of 11
Project Name and/or Number: Foxwood
Attach a map of the existing aquatic resources, associated delineation report, and any documentation of regulatory review or
approval. Discuss as necessary:
See Figure 2
For actions involving construction activities, attach construction plans and specifications with all relevant details. Discuss and
provide documentation of a hydrologic and hydraulic analysis of the site to define existing conditions, predict project outcomes,
identify specific project performance standards and avoid adverse offsite impacts. Plans and specifications should be prepared by
a licensed engineer following standard engineering practices. Discuss anticipated construction sequence and timing:
N/A
For projects involving vegetation restoration, provide a vegetation establishment plan that includes information on site
preparation, seed mixes and plant materials, seeding/planting plan (attach seed ing/planting zone map), planting/seeding
methods, vegetation maintenance, and an anticipated schedule of activities:
N/A
For projects involving construction or vegetation restoration, identify and discuss goals and specific outcomes that can be
determined for credit allocation, Provide a proposed credit allocation table tied to outcomes:
N/A
Provide a five-year monitoring plan to address project outcomes and credit allocation:
N/A
Discuss and provide evidence of ownership or rights to conduct wetland replacement/mitigation on each site:
N/A
Quantify all proposed wetland credits and compare to wetland impacts to identify a proposed wetland replacement ratio. Discuss
how this replacement ratio is consistent with Corps and WCA requirements:
N/A
By signature below, the applicant attests to the following (only required if application involves project-specific/permittee
responsible replacement):
• All proposed replacement wetlands were not:
Previously restored or created under a prior approved replacement plan or permit
Drained or filled under an exemption during the previous 10 years
Restored with financial assistance from public conservation programs
Restored using private funds, other than landowner funds, unless the funds are paid back with interest to the individual
or organization that funded the restoration and the individual or organization notifies the local government unit in
writing that the restored wetland may be considered for replacement.
• The wetland will be replaced before or concurrent with the actual draining or filling of a wetland.
• An irrevocable bank letter of credit, performance bond, or other acceptable security will be provided to guarantee successful
completion of the wetland replacement.
• Within 30 days of either receiving approval of this application or beginning work on the project, I will record the Declaration of
Restrictions and Covenants on the deed for the property on which the replacement wetland(s) will be located and submit proof
of such recording to the LGU and the Corps.
Applicant or Representative: Bill Coffman Title: Applicant
Signature: 117Z Date: 6/27/2016
V-1
Minnesota Interagency Water Resource Application Form February 2014 Page 9 of 11
Foxwood
Wetland Permit Application
APPENDIX B
Proposed Project Plans
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Foxwood
Wetland Permit AppUcation
APPENDIX C
Wetiand Bank Credit Purchase Documents
Thefollowing is a sample of a possible Purchase Agreementfor the sale of Wedand Banking Credits.
This Purchase Agreement does not necessarily cover all of the issues that would be important to Sellers
and Buyers, nor does it address the terms that would be appropriatefor any particular transactiort.
Sellers and Buyers should obtain the services of qualified legal counsel to adapt this Purchase Agreement
to meet their specific needs.
PURCHASE AGREEMENT
FOR
WETLAND BANKING CREDITS
THIS AGREEMENT is made this _27th— day of June, 2016 between
German Settlement (Seller) and —Gonyea Homes
(Buyer).
I . Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the wetland banking credits
(Credits) listed below:
CREDITS TO BE SOLD
Credit
Acres or
Wedand
Plant Community Type'
Cost per
State Fee
Fee
Sub-
Sq. Ft.
Cite. 39
Acre or Sq.
6.5%
Estimate
Group'
Type 2
Foot
A.
0.1178
3
Shallow Marsh
60984.00
0.065
309.58
B.
0.065
C.
0.065
D.
0.065
E.
0.065
Totals
I-] Check here if additional credit sub-grMs are part of this account and are listed on an attachment to this document.
'A separate credit sub -group shall be established for each wetland or wetland area that has different wetland characteristics.
2Circular 39 types: 1, 1 L, 2, 3, 4, 5, 6, 7, 8, B, U.
'Wetland plant community type: shallow open water, deep marsh, shallow marsh, sedge meadow, fresh meadow, wet to
wet-mesic prairie, calcareous fen, open bog or coniferous bog, shrub-carr/alder thicket, hardwood swamp or coniferous
swamp, floodplain forest, seasonally flooded basin. See Weiland Plants and Plant Communities ofMinnesola and
Misconsin (Eggers and Reed, 1997) as modified by the Board of Water and Soil Resources, United States Army orps
of Engineers..
2. Seller represents and wan -ants as follows:
a) The Credits are deposited in an account in the Minnesota Welland Bank administered by the
Minnesota Board of Water and Soil Resources (BWSR) pursuant to Minn. Rules Chapter
8420.0700-.0760.
Page I of 2
BWSR Form: "ca -bank -12 (purchase agreement).doc
Revised 6/26/2014
b) Seller owns the Credits and has the right to sell the Credits to Buyer.
Buyer will pay Seller a total of $7183.92 for the Credits, as follows:
a) $-0— as earnest money, to be paid when this Agreement is signed; and
b) The balance of $7183.92 to be paid on the Closing Date listed below.
4. [Z ] Buyer, [0 1 Seller agrees to pay to a withdrawal fee of $309.58 to the State of Minnesota
based on 6.5% of the agreed to purchase price. At the Closing Date, [Z] Buyer, [D j Seller will execute a
check made out for this amount, payable to the Board of Water and Soil Resources.
5. The closing of the purchase and sale shall occur on September 16_, 2016 (Closing Date) at
— —. The Closing Date and location may be changed by written consent of both parties. Upon
payment of the balance of the purchase price, Seller will sign a fully executed Application for Withdrawal of
the Credits in the form specified BWSR, provide a copy of the Application for Withdrawal to the Buyer and
forward the same to the BWSR along with the check for the withdrawal fee.
6. Buyer has applied or will apply to _City of Chanhassen_ (Local Government Unit (LGU) or other
regulatory authority) for approval of a replacement plan utilizing the Credits as the means of replacing
impacted wetlands. If the LGU has not approved the Buyer's application for a replacement plan utilizing the
Credits by the Closing Date, and no postponement of the Closing Date has been agreed to by Buyer and
Seller in writing, then either Buyer or Seller may cancel this Agreement by giving written notice to the other.
In this case, Seller shall return Buyer's earnest money, and neither Buyer nor Seller shall have any further
obligations tinder this Agreement. If the LGU has approved the replacement plan and the Seller is ready to
proceed with the sale on the Closing Date, but Buyer fails to proceed, then the Seller may retain the earnest
money as liquidated damages.
(Signature of Seller) (Date)
BWSR Form: wea-bnnk-12 (purchase agreement).doe
Revised 6/2612014
(Sign—ature oTK-yer)� (Dat6
Page 2 of 2
Transaction Form for Withdrawal of Wetland Credits
from the Minnesota Wetland Bank
j! me iavou t ot this iorm iooKs incorrect, ClICK On view, r -an Uoicurrien
1. Credit User
To be completed by the person or entity proposing to use the Welland credits.
Name: Bill Coffman, Gonyea Homes & Remodeling
Organization (If applicable):
Street Address: 6102 Olson Memorial Highway
City, State, Zip: Golden Valley, MN 55422
Phone: 612-202-0692 *E-Malll Address: billooffman@cbbumet.com
, then save to your computer.
ThIs space Is for B WSR Llse only
Debit Date:
2. Wetland Impact Information
To be completed for the project with wetland impacts that this withdrawal is intended to replace
Project Name: Foxwood Wetland Impact Size (acres): 0.05890
County of Impact: Carver
Impact Major Watershed #: 33
Replacement Ratio: 2:1
Total Replacement Required (acres): 0. 11780
Impact Bank Service Area: 9 --Sec.23 Twp.116 11198.23
-*Projects with multiple impact locations should use the most central location in relation to the project as a whole.
Are Federally Authorized Credits needed for this project (Y or li N
If yes, you must provide Corps Permit Number: Il LGILJ File# (if applicable):
Comments:
By signature below, the proposed usw of credits 1 -1 � I that he/she owns or has purchased the credits identified in this
application and has received approval from the applicable regulatory authority(ies).
Credit User Signature:
3. Regulatory Approval/Authorization
By signature below, the identified agency and authorized representative hereby certify that they have: a) verified that the subject
wetland credits are deposited in the account of the owner/seller, b) approved a wetland replacement plan or similar agreement under their
jurisdiction. and c) approve the proposed use of the wetland bank credits described herein.
WCALGU/Agency: City of Chanhassen
*E -mall address: KSpreiter@cj.chanhassen.mn.us
LGU Representative: Krista J. Spreiter Signature:
----- -- -------
(for NRCS, USACE '_ etc. if applicable)
Agency NamelLocation:
Representative:
*E-mail address:
Signature:
Date:
*Confirmation will be e-mailed to user, seller, and regulatory representative when the transaction is complete. If you would like others notified,
enter e-mail addresses here.
Rev 5/26/2016 Transaction Form for Withdrawal of Wetland Credits Page I of 2
C:\U�m\marMD��NDropbox%pmieM\2015\G�- �e, . f.
Transaction Form for Withdrawal of Wetland Credits
from the Minnesota Wetland Bank
4. Withdrawal Information
Bank Service Area: 9
To be completed by seller of credits (account holder).
Account Number: 1175 County: Soott
Credit
Federally
Authorized
Number of Credits to be
Cost of Purchased
Subgroup
Credits needed
Cost per Credit
Plant Community Type (acre)
Withdrawn (acre)
Credits
(cost per credit x number of
Letter
for Project
(acre=ftl/43560)
credits)
(Y or N)
A
Y
Shallow Marsh $60984.00
0.1178
$7183.92
$0.00
$0.00
$0.00
TOTAL
0.1178
$7183.92
ff 7-0 7AL &�s not calculate, nght clIck, Update Flelal
Table Enter Coun y Ree from
�.bwsr.state.mn.ustweflandslwetwdbankinQ/fee and sales dataMeliand Bank Fee Schedule pdf Table (county of seller's 6.59%. of sale 7pdce
---------- .........
2628.00
Above TOTAL x County
Transaction Fee (choose either amount) Fee $466.95
1 $309.58 1 —1
Attach check payable to Minnesota Board of Water and Soil Resources.
By signature below I seller and holder of the aforementioned account in the State of Minnesota Wetland Mitigation Bank certify that:
1) The credits described in this application have been Sold to the credit user or will be used for my own project;
2) 1 have received payment in full from the buyer (if applicable);
3) The credits described in this application have not been sold or used in any way to mitigate wetland losses other than for the project
and location identified in the wetland impact information block on the previous page;
4) The credits described in this application should be withdrawn from my account; and
5) 1 will not have a negative balance of credits after the subject credits are debited from my account
Seller Name (print):
Seller Signature:
Seller e-mail*:
Date:
1 . The account holder of the credits is responsible for submittal of this form, containing signatures, to the BWSR Wetland
Bank Administrator so the affected account can be properly debited.
2. No impacts to any wetland or other water resource may commence until the credits have been debited and a copy of
this form, with stamped debit date, has been received by the regulatory authority(ies), the account holder, and the credit
user.
3. This form is not an application form. It is a transaction form to be used in association with an approved project that
impacts wetlands and requires wetland replacement.
When this form is completed and all required signatures are obtained, send with the fee check(s) to:
Wettand Bank Administration
Minnesota Board of Water and Soil Resoumes
520 Lafayette Road North
Saint Paul, MN 66166
DIsclazwer any 1ransactlon In ffie welland bankIng SYSIOM Is publIc Infolma#on
Rev 5/26/2016 Transaction Form for Withdrawal of Wetland Credits Page 2 of 2
C.\Uwm\Mar� AD��koropbox�NM�\20MG�a H=�, - Ch.nh.�,�n\hmft F.�,\tra.d�lf.� d.
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
)ss.
COUNTY OF CARVER )
I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on May
26, 2016, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that
on said date she caused to be mailed a copy of the attached notice of a request for a Wetland
Alteration Permit, Conditional Use Permit for development in the Bluff Creek Overlay
District (BCOD), rezoning from Agricultural Estate District (A2) to Residential Low and
Medium Density (RILM), and a 52 -lot subdivision with variances on 43.55 acres of property
- Planning Case 2016-13 to the persons named on attached Exhibit "X', by enclosing a copy of
said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all
such owners in the United States mail with postage fully prepaid thereon; that the names and
addresses of such owners were those appearing as such by the records of the County Treasurer,
Carver County, Minnesota, and by other appropriate records.
4KimT. c eput�
uwissen, D
m JENWER ANN POTTER
Notary Public -Minnesota
m
cwnmimon ExpKm Jon 31, 2=0
�'�l
Subscribed and sworn to before me
this _I (,0 day of 2016.
�11 W
0 -IM11o"t-ary Public
1k`2Lt'11 ;I �j
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Date & Time:
Tuesday, June 7, 2016 at 7:00 p.m. This hearing may not start unfit
later in the evening, depending on the order of the agenda.
Location:
City Hall Council Chambers, 7700 Market Blvd.
Request for a Wetland Alteration Permit, Conditional Use Permit
for development in the Bluff Creek Overlay District (BCOD),
Proposal:
rezoning from Agricultural Estate District (A2) to Residential Low
and Medium Density (RLIM), and a 52 -lot subdivision with
variances on 43.55 acres of property.
Applicant:
Providence 55, LLC
Property
9150 & 9250 Great Plains Boulevard
Location:
A location map is on the reverse side of this notice.
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
public hearing through the following steps:
What Happens
1 . Staff will give an overview of the proposed project.
at the Meeting:
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the project.
If you want to see the plans before the meeting, please visit
the City's projects web page at:
www.cl.chanhassen.mn.us/2016-13. If you wish to talk to
someone about this project, please contact Robert Generous
by email at bqenerous(cDci.chanhassen.mn.us or by phone at
Questions &
952-227-1131. If you choose to submit written comments, itis
Comments:
helpful to have one copy to the department in advance of the
meeting. Staff will provide copies to the Commission. The
staff report for this item will be available online on the
project web site listed above the Thursday prior to the
Planning Commi sion meeting.
-WE—WISignupto ceive email and/or text notifications when meeting agendas,
packets, minutes and videos are uploaded to the city's website. Go to
www.ci.chanhassen.mn.us/notifyme to sign up!
-TRy-R.A. —P—.d.-
• Subf,fivisiors, Poor Unit Developments. Site Man Reviews. Condifionat and interim Uses. Welland Aiterstions, Rezonings,
Comprehensive Plan Amendments and Codo Amendments require a public hearing before the Panning Commission. QtY
ordinances require all property within 500 feel of the subject site to be notified of Me application in writing. Any Interested party Is
Invited to attend the meeting
• Staff prepares a report on the subject application that includes all pednent Information and a recommendation. These reports are
At the Manning Commission hossfing. staff Will give a verbal overview of the report and a recommendation.
available by request.
The item Will be operned forthe public to speak about the proposal as a pan of the hearing Moses. The Commisson .11 close the
public hearing and discuss the Item and make a recommendation to Me City Council, The Dry Council may reverse. affirm or modify
wholly m parvy the Planning Commission's recommendation Rehronings, land use and code amendments take a simple majority
the City Council except dazonings add land use amendments from residential to commercialfinclustrial.
vote of
• Minnesota State Statute 519.99 requires all applications to be processed Within 60 days unless the applicant waives this sland ard
Some applications due to their complexity may take several months to complete, Any person wishing to follow an Item through the
pd,cass should check with the Planning Department regarding its status and scheduling far the City Council meeting.
• A neighborhood is encouraged to provide a contact for the city. often de"lopers are encouraged to
meet in the neighborhood regarding their proposal. Staff is also available to review the project *In any interested person(s).
• Because the Planning Commission holds the public hearing, me City Council does not. Moultrie are taken and any correspondence
regarding the application Wit be Included in the report to the City Council, If you Wsh to haw something to be Induced in the report,
please conted the Forming Staff person named on the notification.
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Date & Time:
Tuesday, June 7, 2016 at 7:00 p.m. This hearing may not start unfit
later in the evening, depending on the order of the agenda.
Location:
City Hall C uncil Chambers, 7700 Market Blvd.
Request for a Wetland Alteration Permit, Conditional Use Permit
for development in the Bluff Creek Overlay District (BCOD),
Proposal:
rezoning from Agricultural Estate District (A2) to Residential Low
and Medium Density (RLM), and a 52 -lot subdivision with
variances on 43.55 acres of property.
Applicant:
Providence 55, LLC
Property
9150 & 9250 Great Plains Boulevard
Location:—
A location map Is on the reverse side of this notice.
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
public hearing through the following steps:
What Happens
1 Staff will give an overview of the proposed project.
at the Meeting:
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the project.
If you want to see the plans before the meeting, please visit
the City's projects web page at:
www.cl.chanhasson.mn.us/2016-13. if you wish to talk to
someone about this project, please contact Robert Generous
by email at boenerousAci.chanhassen.mn.us or by phone at
Questions &
952-227-1131. If you choose to submit written comments, it is
Comments:
helpful to have one copy to the department in advance of the
meeting. Staff will provide copies to the Commission. The
staff report for this Item will be available online on the
project web site listed above the Thursday prior to the
Planning Commission meeting.
NEWI Sign up to receive email and/or text notifications when meeting ig—endas,
packets, minutes and videos are uploaded to the city's website. Go to
www.cl.chanhassen.mn.us/notifyme to sign up!
City Rinrl" Procedure:
• Subdivisions, planned Unit Developments, Site Plan Reviews, Conditional and interim Uses, Welland Alterations, Rewnings,
Comprehensive Man Amendmeres, and Code Amendments require a public hearing before the Manning Commission. City
ordinances require all property Within 500 feet of the subject site to be riclifled of the application In writing. Any interested pony is
invited to attend the meeting.
• Staff prepares a report on the subject application that induces all perfinent information and a raccomisiondation. These reports are
available by request. At the Planning Cornmission meeting. staff Wit give a verbal overview of the report and a recommendation.
The item will be opened for the public to speak about the proposal as a pad of the hearing process, The Commission .11 close the
public hearing and discuss the item and make a recommendation to the cry Council. The City Council may reverse. affirm or modify
wholly orr partly the Planning Commission's recommendation Rezonings, land use and code amendments take a simple majority
vote of the City Council except rezoryngs add land use amendments from residential to commordalAndustrial.
• Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard.
Some applications due to their complexity may take sevenal months to complete. Any person wishing to follow an item through the
proosse; should check with the Morning Department regarding its status and scheduling for the City Council meeting.
• A neighborhood sprokespens,rherpresentoMw is encouraged to provide a contact for the city, Often developeor; are encouraged to
mass with the neighborhood regarding their proposal. Staff is also available to review the protect with any Interested person(s).
• Because the Manning Commission holds the public heading, the City Council does nor Minutes, are taken and any correspondence
regarding the application will be Included in the report to the cry Ccwndl. If you wish to he" something to be Included in the report,
please contact the Manning Staff person named on Me notification
PID Taxpayer Name
250232100 JAMES D & JENNIFERJ WILSON REVTRUSTS
250240810 PAUL D & CAROL L PAULSON
250240811 DAVID R & MARY B BLANSK-1
250242900 GIANETTI PROPERTIES U.0
250250100 PAMELA A O'NEILL
250251200 WADE W MARSHALL
250252300 PRINCE R NELSON
250251510 TIMOTHYJ LOWE
250251600 JAMES & ARLENE J CHURCH
250251700 STEPHEN J & COLEEN M WILKER
250251800 KEVIN L & LORI A BOGENREIF
250251900 RICHARD A & BETTY A DERHAAG
250252000 DOUGLAS L & PAULA JO STEEN
250252100 WILLIAM F & MARY E HEINLEIN
250252400 GARY J &MARY LANE BENDZICK
250253100 ROBERT & CHRIST]IN E BOECKER
250253200 LESLIE L O'HALLCRAN
250253210 GREGORY M FALCONER
250253300 ROGER A & KIMBERLY A LEE
250253400 WESLEY & CAROL DUNSMORE
250253500 ANDREW T RIEGERT
250253600:[JAMES M & TERESA A BYRNE
250253800 THEODORE 6 & KAREN K HASSE
25D900040 STEVEN A & RENEE A WILLIAMS
250900050 NORMAN E &STACY A KRUSE
250900060 GEORGE -ANN LILLIE
250900070 EDWIN MICHAEL DOMKE
250900080 RICHARD C BRAMA
25090DO90 MARK A & PAMELA K MOKSNES
250900100 JOYCE E KING
250920030 FREDERICK W & JUDITH AMRHEIN
251550022 TIMOTHY A & DAWNE M ERHART
25266DO10 R & C BRANDT JOINT REV TRUST
252660020 MARK J &KAREN G GALLER
252660030 PAULTANDERSON
252660040 RYAN STEWART
2536SM10 CARISSA E HAVERLY
253650020 CHARLES E & SANDRA R WORM TRUSTS
253910010 JAMES E & JEAN M SLOSS
2.53910020 JEFFERY C & MARYELLEN J SEELEY
257800070 BRIAN EDDS
257800080 TIMOTHY S & TAMARA S MILLER
257800090 TIMOTHY M VICCHIOLLO
257800100 DANEILJ MUELLER
257800110 ERIC W LORENTZSCIN
257800120 AUVANTE HOLDINGS LLC
257800130 PAUL CSCHNETTLER
257800390 SPRINGFIELD HOMEOWNERS ASSN
258470010 DAVID G DELFORGE
259470020 FRANK T & MARY LOU WHALEY
Taxpayer Address
5730 YANCY AVE
9250 GREAT PLAINS BLVD
9350 GREAT PLAINS BLVD
2899 HUDSON BLVD
40 LAKE RILEY TRL
9441 GR MT PLAINS BLVD
7801 AUD YBON RD
6019 4STW
611 96TH ST W
621 96TH ST W
631 96TH ST W
711 96TH ST W
701 96TH ST W
721 96TH ST W
731 96TH ST W
610 9 HST W
7109 Wff W
720 96TH ST W
j00 96TH ST W
730 96TH ST W
620 96TH ST W
700 96TH ST W
630 96TH ST W
9291 KIOWA TRL
9351 KIOWA TRL
9355 KIOWA TRL
9361 KIOWA TRIL
9371 KIOWA TRL
9381 KIOWA TRL
9391 KIOWA TRL
9350 KJOWA TRL
9611 MEA60WLARK LN
PO BOX 722
9376 KIOWA TRL
9380 KIOWA TRL
9390 KI /A TRL
750 96TH if W
760 W 96TH ST
9360 KIOWA TRL
9366 KIO hA TRL
575 SUMMERFIELD DR
579 SUMMERFIELD DR
583 SUMMERFIELD DR
587 SUMMERFIELD DR
591 SUMMERFIELD DR
595 SUMMERFIELD DR
599 SUMMERFIELD DR
7100 MADISON AVE
891 LYMAN BLVD
851 LYMAN BLVD
Taxpayer City -State -Zip
NEW GERMANY, MN 55367-9327
CHANHASSEN, MN 55317-8641
CHANHASSEN, MN 55317-8642
ST PAUL, MN 55128-7100
CHANHASSEN, MN 55317-4541
CHANHASSEN, MN 55317-8607
CHANHASSEN, MN 55317-8201
CHANHASSEN, MN 553174W2
CHANHASSEN, MN 55317-8602
CHANHASSEN, MN 55317-8602
CHANHASSEN, MN 55317-8602
CHANHASSEN, MN 55317-8603
CHANHASSEN, MN 553174W3
CHANHASSEN, MN 55317-8603
CHANHASSEN, MN 55317-8603
CHANHASSEN, MN 55317-8601
CHANHASSEN, MN 55317-8603
CHANHASSEN, MN 55317-8603
CHANHASSEN, MN 55317-8601
CHANHASSER, MN 55317-8603
CHAN EN, MN 55317-8601
CHANHASSEN, MN 55317-8603
CHANHASSEN, MN 55317-8601
CHANHASSEN, MN 55317-8615
CHANHASSEN, MN 55327-8617
CHANHASSEN, MN 55317-8617
CHANHASSEN, MN 55317-8617
CHANHASSEN, INO 55327-9617
CHANHASSEN, MW55317-8617
CHANHASSEN, MN 55317-8617
CH SEN, MN 55317-8616
CHANHASSEN, MN 55317-8695
CHANHASSEN, MN 55317-0722
CHANHASSEN, MN 55317-8616
CHANHASSEN, MN 55317-8616
-CHANHASSEN, MN 55317-8616
CHANHASSEN, MN 55317-8603
CHANHASSEN, MN 55317-8603
CHANHASSEN, MN 55317-8616
CHANHASSEN, MN 55317-8616
CHANHASSEN, MN 55317-7645
CHANHASSEN, MN 55317-7645
CHANHASSEN, MN 55317-7645
CHANHASSEN, MN 55317-7645
CHANHASSEN, MN 55317-7645
CHANHASSEN, MN 55317-7645
CHANHASSEN, MN 55317-7645
GOLDEN VALLEY, MN 55427-3602
CHANHASSEN, MN 55317-9161
CHANHASSEN, MN 55317-9161
ALLIANT
Memorandum
TO: Terry Jeffery
CC: Bill Coffinan
FROM: Mark Rausch, PE
DATE: July 27, 2016
SUBJECT: Foxwood — Weiland Permit Application Wetland Avoidance Sequencing Support
Kjolhaug Environmental Services (KES) has assembled the Weiland Permit Application for the
Foxwood development project. KES has identified the following three alternatives for wetland
avoidance for the project:
1. No build
2. Creation of a development that does not have a road connection to the property to the
south
3. 1W easterly shift of the roadway alignment to cross at the wetland minimum width
point
Alternatives (I and 2) are straight forward with the explanation provided in the KES permit
application. KES has identified that alternative 3 would result in a less functional and potentially
less safe roadway. This memo provides additional support of the KES statement.
The City of Chanhassen's "Foxwood" development approval has required the extension of public
right of way including watermain be provided to the property south of the existing Wilson
Nursery property. Tlie roadway extension does requires impact to a narrow waterway between
two larger wetland cells. The waterway is a swale conveying overflow drainage from west to
east from wetland 4 (identified as 4 in the KES delineation report) to wetland 3. The connecting
swale has been defined as wetland by KES and they have chosen to include the swale as part of
the wetland 3 complex. The main cells of wetlands 3 and 4 are at significantly different
elevations with wetland 4 at a much higher elevation of 894.5, and wetland 3, 14' lower at 880.4.
The distance between the main cells of wetlands 3 and 4 is as close as 194 feet limiting the
amount of space available to construct a roadway in-between the two.
The City desires this proposed roadway extension as it will provide an alternate local connector
fmin TH 101 (Great Plains Blvd) to Powers Boulevard. The roadway connection will be a minor
collector which is defined by the City of Chanhassen as:
233 Park Ave S, Ste 300 612.75&3080 MAIN
Minneapolis, MN 55415 612.75&3099 FAx www.alliant-inc.Com
Foxwood
Weiland Permit Application
Support Memo
Page 2 of 2
"Minor collectors are streets or roadways providing travel between local streets and the arterial roadway
network, or serving multifamily development or neighborhood centers Or services such as fire stations,
parks or schools."
As this roadway is to be a minor collector it serves a greater functional purpose than the lesser
local roadway classification. A minor collector roadway design typically includes greater
visibility by limiting horizontal roadway curves and/or having lesser rates or curvature for any
necessary horizontal curves. As designed and aligned the roadway requires only one 250' radius
horizontal curve through the wedand impact area. This design provides excellent sightlines
through this curving segment of roadway that is also at a low point sag curve ending the road
stretch dropping at 6% elevation from the north. A shift of the roadway easterly in attempt to
find a 'narrower' segment of the wetland connection swale would require the addition of 2 more
horizontal road curves and those curves would be required a rate of curvature less than the
currently proposed 250' radius. The addition of more and tighter horizontal curves would reduce
sightline visibility through this stretch of road reducing the potential safety of the roadway. The
additional curves and tighter rate of curvature would also result in lesser traffic flow efficiency
reducing the functionality of the minor collector.
The significant elevation difference between the two wetlands creates a challenge in aligning the
proposed roadway extension between the 2 wetlands. The roadway does need to be set at an
elevation above the estimated high water level of the higher wetland 4 to prevent potential road
flooding. The significant elevation difference between the wetlands results in a grading
challenge when aligning the roadway closer to wedand 3. The closer the road is to Welland 3,
the greater the extension of fill/embankment is needed on the wetland 3 side of the roadway.
The proposed roadway elevation must be maintained to prevent flooding from wetland 4 and
since wetland 3 is 14' lower than wetland 4, locating the roadway closer to wetland 4 reduces the
necessary grading impact to the wetland area on the wetland 3 side of the road.
To limit the potential wetland impact, the City could allow modifications to their typical design
standards. The City could allow:
1. A modified road section
2. Elimination of sidewalk requirement
3. Negative boulevard slope grading from the proposed back of curb
4. Allow retaining walls within public easement or right of way
The current design includes a 3 1' curb back to back roadway width with a sidewalk on I side of
the road and 2% positive slope right of way boulevard. The City could explore reducing the
roadway width to 28' back to back and eliminate the sidewalk in the area to reduce the roadway
"footprint' 'through the impact area. The City could allow 'negative' slope grading and retaining
wall construction within the right of way to limit the amount of welland impact resulting from
grading the roadway to the required elevation.