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11-03 Findings of FactCITY OF CHANHASSEN CARVER COUNTY, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: The application of Carver County Parks for a Wetland Alteration Permit for wetland replacement for proposed impacts to five wetlands totaling 12,415 square feet, as a part of the proposed TH 41 Trail & Underpass project. On April 19, 2011, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Carver County Parks for a wetland alteration permit to impact five wetlands. The total area proposed to be impacted is 0.285 acres or 12,415 square feet. However, staff recommends that the applicant demonstrate to the satisfaction of the Technical Evaluation Panel that impact to Wetland 8 (3,049 square feet) cannot be avoided and impact to Wetland 22 (436 square feet) cannot be avoided prior to permitting these impacts. The Planning Commission conducted a public hearing on the wetland alteration permit which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: 1. The property is currently zoned Rural Residential, Planned Unit Development - Residential, and Single - Family Residential. 2. The property is guided in the Land Use Plan for Parks and Open Space, Residential Low - Density and Public /Semi - Public. 3. The proposed project is located within the right -of -way along the east side of TH 41 from Longacres Drive to Chaska Road and within Lake Minnewashta Regional Park, from the underpass to the west parking lot and beach area. The TH 41 underpass is located immediately north of the intersection of Ches Mar Drive and TH 41. The proposed completed trail project will connect Minnetonka Middle School with area neighborhoods as well as Lake Minnewashta Regional Park. 4. City code directs that a wetland alteration permit shall not be issued without having been first reviewed by the Planning Commission and approved by the City Council following the review and hearing procedures set forth for conditional use permits and the additional requirement of Minnesota Rules Chapter 8420.0230. Wetland alteration and Conditional Use Criteria: 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. The proposed wetland impacts that will occur with the TH 41 Trail and Underpass project have not been found to pose danger to public health, safety, comfort, convenience or general welfare. The goal of the proposed project is to provide a safe travel route between residential areas, employment centers, and schools, as well as access and safe travel to Lake Minnewashta Regional Park, improving safety and convenience for residents and recreationalists. b. The proposed project will be consistent with the objectives of the city's Comprehensive Plan and the zoning chapter of the City Code. The proposal is consistent with the objectives of the city's Comprehensive Plan and City Code. It complies with all city, state and federal requirements. The proposed trail is shown in the City's Future Park & Recreation Initiatives map. 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. The appearance and character of the general vicinity will not change. The applicant has made a reasonable effort to minimize impacts to wetlands through a variety of measures, which included moving the trail alignment, steepening side slopes and use of retaining walls. Currently, the proposed project is located within an area that includes single family residential neighborhoods, Lake Minnewashta Regional Park, and Minnetonka Middle School. These neighborhoods and the park contain trails providing recreational opportunities. The proposed project would provide a connection to these existing trails, thus remaining compatible with and enhancing the existing and intended character and appearance of the area. d. The proposed project will not be hazardous or disturbing to existing or planned neighboring uses. The surrounding uses are zoned for single-family residential, public/semi-public, and parks and open space. 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 an enhancement to neighboring uses, including residential neighborhoods, schools, and businesses, by providing a safe pedestrian and non - motorized recreational route between all. 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. Any changes to drainage structures or additional drainage structures needed as a result of the proposed wetland impacts will be designed and constructed by the applicant or the 2 applicant's contracted consultant in compliance with city design standards. Proposed trails within Lake Minnewashta Regional Park will be maintained by Carver County Parks. Proposed trails east of the underpass will be maintained by the City of Chanhassen, and will be designed and constructed according to city standards. 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. The proposed wetland impacts associated with the TH 41 Trail and Underpass Project will not create excessive need for public facilities and services. The trail project requires some additional services required by the city associated with trail maintenance. The trail west of the box culvert will be maintained by Carver County Parks. The trail east of the box culvert will be maintained by the city. Any maintenance or upkeep to the box culvert will be split 50150. In addition, the proposed trail project is foreseen as an enhancement to economic community welfare, by providing a safe pedestrian and biking access for residents and recreationalists to local businesses. 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. 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. The proposed wetland impacts will not create nor interfere with traffic and surrounding public thoroughfares. When completed, the proposed trail will separate pedestrian and vehicular traffic which will create a safer atmosphere. i. The proposed project will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. The 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. The applicant has made a reasonable effort to minimize wetland impacts and retain aesthetical compatibility within the area. In addition, the proposed trail project will complement the area. k. The proposed project will not depreciate surrounding property values. The proposed wetland impacts have been minimized to the greatest extent feasible, while still allowing for the trail project to occur. The proposed trail project will create a safer setting and will be an asset to the surrounding properties. 1. 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. 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. Efforts have been made by the applicant to minimize the impact on wetlands and vegetation through a variety of measures, which included moving the trail alignment, steepening side slopes and use of retaining walls. (3) It shall not adversely change water flow. The applicant must meet the included conditions for the proposed wetland impacts in order to avoid an adverse effect on the hydraulic and hydrological characteristics of remaining wetland. (4) The size of the altered area shall be limited to the minimum required for the proposed action. With the exception of Wetland 8 and Wetland 22, the applicant has made a reasonable effort to limit the proposed wetland impacts to the minimum amount required in order to complete the trail project. If the applicant can demonstrate to the satisfaction of the Technical Evaluation Panel that impact to Wetland 8 (3,049 square feet) and impact to Wetland 22 (436 square feet) cannot be avoided, then the additional square feet may be impacted During construction the contractor is required to follow approved plans to limit alterations to the minimum the project necessitates. (5) The disposal of any excess material is prohibited within remaining wetland areas. The applicant and their contractor are prohibited from disposing of excess material within remaining wetland areas as well as any 4 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. 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. 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. The applicant has submitted a replacement plan as part of the Joint Notification Application for Wetland Replacement which was received on February 22, 2011. 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., Subp. 7. C. of the Wetland Conservation Act (WCA) Rules, and City Code, Chapter 20, Article VI. (9) Dedicated buffers in accordance with section 20 -411. The applicant must comply with Minnehaha Creek Watershed District Wetland Protection Rule, effective September 1, 2010 5. The planning report 42011 -03, dated April 19, 201 1prepared by Krista Spreiter, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Wetland Alteration Permit of Planning Case 2011 -03. ADOPTED by the Chanhassen Planning Commission this 19 day of April, 2011. CHANHASSEN PLANNING COMMISSION BY: is airman on