FINDINGS OF FACT AND RECOMMENDATION Foxwood_WAP 1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
WETLAND ALTERATION PERMIT
IN RE:
Application of Bill Coffman of Gonyea Homes and Remodeling for a Wetland Alteration Permit
for wetland replacement for proposed impacts to one wetland, totaling .059 acres, as a part of the
proposed residential development project at 9150 and 9250 Great Plains Boulevard – Planning
Case 2016-20.
On August 16, 2016, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Bill Coffman of Gonyea Homes and Remodeling for a
wetland alteration permit to impact one wetland, identified as Wetland Basin 3. The total area
proposed to be impacted is .059 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).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low-Density.
3. The legal description of the property is: Sections 23 and 24, T116N, R23W.
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 Foxwood development
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 46 single-family homes to be served by municipal utilities, and
create a safe, efficient, and interconnected neighborhood.
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 development is consistent with City zoning.
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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
access road further to the west. Currently, the proposed project is zoned as Agricultural
Estate, but is zoned for Residential Low-Density in the 2030 Land Use Plan. 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 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.
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 adequatel y 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 and stormwater
facilities needed as a result of the proposed wetland impacts and development will be
designed and constructed by the applicant’s contracted consultant in compliance with
City design standards. The development will extend municipal infrastructure, which will
be served by municipal services.
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 development 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.
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 roadways will result
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in access for the development and be designed in compliance with City design standards
and requirements.
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.
k. The proposed project will not depreciate surrounding property values.
Finding: The proposed wetland impacts have been minimized while still allowing for
the project to occur. The proposed project is consistent with neighboring uses and the
City’s 2030 Comprehensive Plan.
4. 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 access roadway further to the west.
(3) It shall not adversely change water flow.
Finding: The proposed development site’s drainage plan is to be
designed by the applicant’s engineer and comply with the City’s
design standards and specifications.
(4) The size of the altered area shall be limited to the minimum
required for the proposed action.
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Finding: The applicant has made a reasonable effort to limit the
proposed wetland impacts through minimization efforts.
(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 Interagency Water Resource Application for Wetland
Replacement which was received on June 30, 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 and the local Watershed District’s Wetland
Rule.
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5. The planning report #2016-20, dated August 16, 2016, prepared by Krista Spreiter, is
incorporated herein.
RECOMMENDATION
The Chanhassen Planning Commission recommends that City Council approve
Wetland Alteration Permit #2016-20 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 16th day of August, 2016.
CITY OF CHANHASSEN
BY:
Andrew Aller, Chairman