14-05 Findings of FactA-05
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
The application of Carver County Public Works for a Wetland Alteration Permit for wetland
replacement for proposed impacts to five wetlands totaling 1.88 acres, as a part of the proposed
Phase 3 of the CSAH 18 (Lyman Boulevard) Roadway Improvements project — Planning Case
2014 -05.
On March 4, 2013, the Chanhassen Planning Commission met at its regularly scheduled meeting
to consider the application of Carver County for a wetland alteration permit to impact five
wetlands. The total area proposed to be impacted is 1.88 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, Rural Residential, and Planned Unit
Development- Residential, and Bluff Creek Primary Corridor.
2. The property is guided in the Land Use Plan for Residential Large -Lot, Residential Medium -
Density, Residential Low - Density, Office Industrial, Office Commercial, and Parks and
Open Space.
3. The proposed project is located within the CSAH 18 (Lyman Boulevard) corridor between
Audubon Road and Powers Boulevard (CSAH 17) within the City of Chanhassen.
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:
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.
The proposed wetland impacts that will occur with the Lyman Boulevard (CSAH 18)
Roadway Improvements 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
address existing safety deficiencies and to provide for the present and future traffic needs
of the area, 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 roadway
improvements and trail construction is shown in the City's Future Park & Recreation
Initiatives map and are consistent with City and regional trail plans. The roadway
improvements and trail construction will improve safety and ease congestion within the
project area.
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 steepening side slopes
and use of existing stormwater treatment structures. Currently, the proposed project is
located within an area that includes single family residential neighborhoods,
Agricultural land, Chanhassen High School and the Bluff Creek Primary Corridor. The
proposed project would provide safety improvements for residents, drivers, and
recreationalists, as well as providing a connection to existing and future trails and
neighborhoods, as well as Chanhassen High School, 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 Parks and Open Space, Mixed Use, Residential Low -
Density, Residential Medium - Density, Residential Large -Lot, and Office /Commercial.
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, as well as providing increased safety
for residential neighborhoods and schools, by providing a safer roadway and pedestrian
and non - motorized recreational route.
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's
contracted consultant in compliance with city design standards. Proposed roadways will
continue to be maintained by Carver County, and trails will continue to be maintained by
the City of Chanhassen. Both proposed roadways and trail 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 Lyman Boulevard (CSAH 18) Roadway
Improvement Project will not create excessive need for public facilities and services. The
roadway improvements project requires some additional services required by the city
associated with trail maintenance. In addition, the proposed roadway improvements
project are foreseen as an enhancement to economic community welfare, by providing
safety improvements and accessibility 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 roadway improvements will result
in eased congestion, improved sight lines, safer approaches, increased accident
reduction potential, and will provide safer conditions for both pedestrian and vehicular
traffic.
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 roadway
improvements 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 roadway improvements project to occur. The proposed roadway
improvements 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 steepening side slopes and use of existing stormwater
treatment facilities.
(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.
The applicant is in process of obtaining the necessary permits from
the Minnesota Department of Natural Resources for any necessary
work within Bluff Creek.
(4) The size of the altered area shall be limited to the minimum
required for the proposed action.
The applicant has made a reasonable effort to limit the proposed
wetland impacts to the minimum amount required in order to
complete the roadway improvements project. During construction
12
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
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 December 20, 2012. 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 U
(9) Dedicated buffers in accordance with sections 20 -411.
The applicant must comply with the City's Wetland Protection
Ordinance.
In order to accommodate the reconstruction, the plan proposes impacts to five wetlands totaling
1.88 acres of permanent wetland impact. The applicant, Carver County, is proposing to replace
the permanently impacted area resulting from safety - related improvements (.33 acres) using
wetland bank credits from the Board of Water and Soil Resources (BWSR) roadway replacement
bank, and the impacted area resulting from non - safety - related improvements (1.55 acres) using
credits from wetland bank #1392. hi both cases the requirement calls for a 2:1 replacement ratio.
This 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.
The Planning Commission recommends that the City Council approve the application of
Carver County for a Wetland Alteration Permit for wetland replacement for proposed impacts to
five wetlands totaling 1.88 acres, as a part of the proposed Phase 3 of the CSAH 18 (Lyman
Boulevard) Roadway Improvements project.
ADOPTED by the Chanhassen Planning Commission this 4th day of March 2014.
CHANHASSEN PLANNING COMMISSION
Its Chairman