2016-04 Findings of Fact Wetland Alteration PermitCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
WETLAND ALTERATION PERMIT
IN RE:
Application of Gayle M. & Richard P. Vogel for a Wetland Alteration Permit for wetland
replacement for proposed impacts to one wetland, totaling .022 acres, as a part of the proposed
driveway construction project at 9641 Meadowlark Lane — Planning Case 2016-04.
On February 16, 2016, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Gayle M. & Richard P. Vogel for a wetland alteration
permit to impact one wetland, identified as Wetland Basin 1. The total area proposed to be
impacted is .022 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 Rural Residential District (RR).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Large Lot.
3. The legal description of the property is: Lot 7, Block 1, Riley Lake Meadows.
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 9641 Meadowlark Lane
driveway construction 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 access to the future residence.
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 driveway construction is consistent with City zoning
for the neighborhood.
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
proposed driveway further to the west, and requesting a variance to avoid impacts to
Wetland 3. Currently, the proposed project is located within a Rural Residential (RR)
neighborhood, and 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 surrounding uses, as well as the lot itself, are zoned for Rural Residential.
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, as well as providing access to a residential
lot.
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. No further
public maintenance is required as a result of the proposed project. The proposed
driveway 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 driveway construction 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.
It. The proposed project will have vehicular approaches to the property which do not create
traffic congestion or interfere with traffic or surrounding public thoroughfares.
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Finding: The proposed wetland impacts will not create nor interfere with traffic and
surrounding public thoroughfares. When completed, the proposed driveway construction
will result in improved access for the landowner, and terminate the need to use the
neighboring property for access.
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 driveway
project will complement 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 driveway construction project to occur. Though impacts have not been minimized to
the greatest extent feasible, if the conditions of approval are adopted, this requirement
will be fulfilled. The proposed driveway construction will create a safer access 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 the driveway in a way to avoid further
impacts, as well as reducing the width of the driveway.
(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 preferred alignment indicates that a 12 inch culvert
will be placed under the driveway but that the culvert will be
placed perpendicular to the driveway rather than along the flow
path of the wetland. Hydraulically this is not desirable. The
culvert shall be placed such that it is aligned with the flow path of
the wetland. The plan must be consistent with section 19-154 of
Chanhassen City code.
(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, however there are further steps that
could be taken to reduce impacts to the minimum amount required
in order to complete the project. These steps are included as a
condition of approval. 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.
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(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 January 5, 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.
5. The planning report #2016-04, dated February 16, 2016, prepared by Krista Spreiter, et al, is
incorporated herein.
RECOMMENDATION
The Chanhassen Planning Commission recommends that City Council approve
Wetland Alteration Permit #2016-04 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 16s' day of February, 2016.
CITY OF CHANHASSEN
Mark Undestad, Acting Chairman