14-10 Findings of FactCITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
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The application of Carver County Public Works for a Wetland Alteration Permit for wetland
replacement for proposed impacts to seven wetlands, as well as Bluff Creek and the Minnesota
River Floodplain Area totaling 4.96 acres, as a part of the proposed Highway 101 Minnesota River
Crossing and CSAH 61 Improvements Project — Planning Case 2014 -10.
On March 18, 2014, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Carver County for a wetland alteration permit to impact
seven wetlands, as well as Bluff Creek and the Minnesota River Floodplain Area. The total area
proposed to be impacted is 4.96 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), and Fringe District (BF).
2. The property is guided in the Land Use Plan for Residential Medium - Density, Residential
Large -Lot, Agricultural, and Office.
The proposed project is located within the within the Highway 101 and CSAH 61
intersection and Highway 101 Minnesota River Crossing and CSAH 61 Improvements
Project corridor, Sections 35 and 36, T116 and 115N, R23W, within the cities of Chanhassen
and Shakopee.
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.
FINDING: The proposed wetland impacts that will occur with the Highway 101
Minnesota River Crossing and CSAH 61 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 minimize road closures due to flood events, 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.
FINDING: 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, bridge construction, and trail construction is shown in
the City's Comprehensive Plan 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.
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
CSAH 61 closer to the existing alignment, use of bent pile piers for the proposed bridge
over the Minnesota River Floodplain area, and reducing the extent of soils corrections
needed. Currently, the proposed project is located within an area that includes single -
family residential neighborhoods, agricultural land, commercial business, U.S. Fish and
Wildlife MN Valley National Wildlife Refuge, the MN DNR Raguet Wildlife
Management Area (WMA), and the MN DNR Seminary Fen Scientific and Natural Area
(SNA). The proposed project would provide safety improvements for residents, drivers,
and recreationalists, as well as providing a connection to existing and future trails,
regional trails, and neighborhoods, 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.
FINDING: The surrounding uses are zoned for Residential Medium - Density,
Residential Large -Lot, Agricultural, and Office. 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,
recreationalists, and motorists, 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.
FINDING: 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 be maintained by Carver County, and trails will 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.
FINDING: The proposed wetland impacts associated with the Highway 101 Minnesota
River Crossing and CSAH 61 Improvements 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, glaze,
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 roadway
improvements will result in eased congestion, minimal or the elimination of road
closures due to flooding, 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.
FINDING: 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.
FINDING: 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.
FINDING: 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.
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 CSAH 61 closer to the existing
alignment, use of bent pile piers for the proposed bridge over the
Minnesota River Floodplain area, and reducing the extent of soils
corrections needed.
(3) It shall not adversely change water flow.
FINDING: 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 removal of the causeway within the Minnesota River
Floodplain Area will restore natural flows and wildlife habitat to
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the area. The applicant is in the process of obtaining the necessary
permits from the Minnesota Department of Natural Resources and
U.S. Army Corps of Engineers for any necessary work within
Bluff Creek and the Minnesota River Floodplain Area.
(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 to the minimum amount required in
order to complete the bridge construction and roadway
improvements project. 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.
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
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 Joint Notification Application for Wetland Replacement
which was received on February 25, 2014. 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.
RECOMMENDATION
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
seven wetlands, as well as Bluff Creek and the Minnesota River Floodplain Area totaling 4.96 acres,
as a part of the proposed Highway 101 Minnesota River Crossing and CSAH 61 Improvements
Project.
ADOPTED by the Chanhassen Planning Commission this 18`b day of March, 2014.
CHANHASSEN PLANNING COMMISSION
Its Chairman
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