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PC Minutes 08-19-2014Chanhassen Planning Commission – August 19, 2014 5.Inlet protection on all existing catch basins downstream of the disturbance area and adjacent to traffic routing. This includes the catch basin which the system is intended to tie into as well as the four (4) catch basins near the entrance. 6.All turf areas shall have a minimum of 6 inches of topsoil placed prior to seeding or sodding. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC HEARING: LAKE MINNEWASHTA REGIONAL PARK: REQUEST FOR A WETLAND ALTERATION PERMIT IN CONJUNCTION WITH THE LAKE MINNEWASHTA REGIONAL PARK IMPROVEMENT PROJECT ON 10.37 ACRES OF PROPERTY ZONED RURAL RESIDENTIAL (RR) AND LOCATED AT 6900 HAZELTINE BOULEVARD. APPLICANT/OWNER: CARVER COUNTY, PLANNING CASE 2014- 23. Spreiter: Good evening Chairman Aller and commissioners. As stated the Carver County Parks Department has submitted an application for the proposed Lake Minnewashta Regional Park Improvements Project Wetland Alteration Permit. I’ll be giving a short overview of the project tonight and then we’ll go over the proposed impacts and the associated requirements set forth by the Minnesota Wetland Conservation Act and the City’s Wetland Alteration Permit and Conditional Use criteria. The project is located entirely within Lake Minnewashta Regional Park located in Chanhassen. The project includes paving the current gravel surface access roads within the park. Expanding one of the existing boat launches and constructing a bypass lane and turn around at the park entrance. The park is currently experiencing unsafe conditions and erosion due to the park’s gravel surface access roads. The park also occasionally experiences back up’s onto Highway 41 at the park entrance creating unsafe conditions for motorists and users. The goal of the project is to improve safety and accessibility for users as well as to decrease the erosion that is being caused by runoff from the existing gravel roadway surface. The project is expected to begin in September of 2014 with substantial completion by October of 2015. Wetland impacts are proposed for Wetlands G and H shown in orange to accommodate the improvements and expansion of the existing boat launch and resulting trail realignment. Wetland G would be eliminated with the current proposal as it lies entirely within the proposed boat launch area. Proposed wetland impacts to both wetland basins total five hundredths of an acre or approximately 2,000 square feet. Wetland G is located within the proposed boat launch and just south and east of the existing boat launch. It is classified as a type 2 fresh wet meadow wetland and has not been classified under the City’s classification system. Wetland H is located just south of the existing boat launch area and is also classified as a type 2 wetland. It is not currently classified under the City’s classification system. As previously stated Wetland G would be eliminated as part of the proposed project. The current trail alignment intersects Wetland H and as part of the proposed project this portion of the trail would be removed and the area would be restored to wetland. The trail would be realigned to skirt the southern edge of this wetland resulting in 1,212 square feet of impact. The applicant is not seeking credit for the restored area but would like this effort to be recognized as a minimization measure. The applicant has chosen to meet the watershed district’s Wetland Protection Rule. This rule requires that a buffer be provided for all wetlands adjacent to the project area for that part of the wetland edge that is down-gradient from the project. The District’s rule is more stringent than the City’s Wetland Protection Ordinance which resulted in buffer creation for 5 wetlands. This table looks 7 Chanhassen Planning Commission – August 19, 2014 at the watershed district requirements for each wetland buffer that is to be created. And this is Wetland F, one of the wetlands that will receive a buffer as shown in the project plans. These are the plan sets for the turn around and bypass lane, which also show the provided buffers for Wetlands E and A. A series of infiltration basins and a stormwater pond are proposed within the boat launch area to provide water quality treatment for the approximate half of an acre of additional impervious surface that is proposed as a result of the project. 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 in the application was chosen over these alternatives. The first alternative given was to explore alternate road alignments. The current proposal was chosen over this alternative to avoid wetland impacts to Wetlands B, C, E and F. Initial design of the road at the entrance to the park also resulted in impacts to Wetland A. The design was changed to include a retaining wall in this location to avoid impacts to this wetland. The second alternative was realignment of the proposed boat launch. The current location and alignment of the proposed boat launch was chosen over Alternative 2 to avoid significant impacts to the wooded area north of the parking lot and to avoid completely realigning the road to the south. The applicant also provided impact minimization and avoidance measures as required by the Wetland Conservation Act within the application. These efforts included wetland restoration in conjunction with the trail realignment. Constructing the trail in a way that would minimize wetland impacts due to slope and use for retaining wall adjacent to Wetland A. As a part of the proposed park improvements project the applicant is required to mitigate for any wetland impacts at a 2 to 1 ratio. The proposed five hundredths of an acre of wetland impact are to be replaced using wetland bank credits purchased from account number 1375. This wetland bank is in the same bank service area and major watershed as the proposed project. As the applicant has sufficiently met the sequencing requirements for the Wetland Conservation Act and made adequate efforts to minimize impacts where possible, staff is recommending approval of the Lake Minnewashta Regional Park Improvements Project Wetland Alteration Permit and adoption of the Findings of Fact and Recommendation. That is all for my presentation tonight and I would be happy to take any questions at this time. Aller: So I just want to clarify, in reading this tremendous report which is about 50 pages. Again you can find it on the website. I get the idea that we’re trading off some hard cover, some repair and then we’re going to get less impairment ultimately in our water system. Spreiter: Yes that is one of the benefits is the reduction in erosion due to the replacement of the gravel surface with the paved surface. Campion: What is done with the existing launch site because it’s moved over right from the new one? Spreiter: Well it’s, for the most part it will be placed over the existing as well as expanded. So I don’t think that there is anything, any kind of remediation or major remediation that needs to be done with the old launch. That’s my understanding. Campion: Okay. Weick: Can you clarify just the idea of the credits and how that works. I just don’t understand. 8 Chanhassen Planning Commission – August 19, 2014 Spreiter: Sure. So the requirement is that they have to mitigate for the size of the wetland that is impacted or the area of the wetland that is impacted at a 2 to 1 ratio and they can do that in a couple of ways. One is mitigation by creating a wetland on site. More often what applicants do is they buy credits or buy acreage basically from a bank site which is a wetland that has been created or preserved for that purpose. Weick: Okay. Aller: And in this case the bank is in the same location. Spreiter: Yeah, so one of the mitigation requirements to get that 2 to 1 ratio because otherwise they may have to mitigate more is that that wetland bank that they buy from has to be in the same bank service area and major watershed. Aller: And as a result of the motion we’re actually increasing our buffers around. Spreiter: Correct. Aller: The water correct. Spreiter: Yep, yep. The existing buffers. There already is some buffers within the park but they will be enhanced and expanded as a part of this project. And then there is that, even though they’re not seeking credit for it, there is that restoration that will happen. I think that is over 600 square feet. Aller: Anything? Anything else? Alright. Yusuf: Looks like a nice improvement. Aller: I’m going to open up the public hearing portion of the meeting. Anyone wishing to come forward to speak either for or against the item can do so at this time. Have any questions? Alright. We’ll close the public hearing. Again it’s open for discussion or comment. Hokkanen: I have to say it’s a nice improvement for the area. If you’ve ever gone down there. Aller: There’ll be some great trade-offs. I’ll entertain a motion. Hokkanen: Okay, it’s a wordy one. Spreiter: I apologize. Hokkanen: The Chanhassen Planning Commission recommends that the City Council approve Wetland Alteration Permit #2014-23 and WCA Permit #2014-03 to impact .05 acres of wetland and the wetland replacement plan under the Minnesota Rules Chapter 8420 which utilizes the purchase of .1 acres of wetland credit from bank #1375 for the purpose of the proposed Lake Minnewashta Regional Park Improvements Project and authorize the Water Resources Coordinator to sign the joint water resource application for approval of wetland replacement as 9 Chanhassen Planning Commission – August 19, 2014 shown in plans dated July 22, 2014, subject to the conditions within the staff report and the adoption of the attached Findings of Fact and Recommendation. Aller: Thank you. I have a motion. Do I have a second? Tennyson: I’ll second. Aller: Having a motion by Commissioner Hokkanen and a second by Commissioner Tennyson. Any further discussion? Hokkanen moved, Tennyson seconded that the Chanhassen Planning Commission recommends that the City Council approve Wetland Alteration Permit #2014-23 and WCA Permit #2014-03 to impact .05 acres of wetland and the wetland replacement plan under the Minnesota Rules Chapter 8420 which utilizes the purchase of .1 acres of wetland credit from bank #1375 for the purpose of the proposed Lake Minnewashta Regional Park Improvements Project; and authorize the Water Resources Coordinator to sign the joint water resource application for approval of wetland replacement as shown in plans dated July 22, 2014, subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: 1.Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall receive the City’s approval of a wetland replacement plan prior to any wetland impact occurring. 2.Wetland buffer areas shall be preserved, maintained and/or created around all existing wetlands in compliance with Sections 20-401 – 20-421 of Chanhassen City Code. 3.The applicant shall apply for and obtain permits from the appropriate regulatory agencies, e.g. Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Minnesota Department of Transportation, Minnesota Board of Soil and Water Resources and Army Corps of Engineers and comply with their conditions of approval. 4.The applicant must submit a Bill of Sale for Wetland Banking Credits to the Minnesota Board of Water and Soil Resources signed by both the buyer and seller of designated wetland credits. 5.The applicant must obtain, and the City must have received copy of an Application for Withdrawal of Wetland Credits from the Minnesota Wetland Bank signed and approved by the Minnesota Board of Water and Soil Resources prior to any impacts. 6.A signed Landowner Statement and Contractor Responsibility form shall be provided to the City prior to commencement of activity. All voted in favor and the motion carried unanimously with a vote of 7 to 0. 10