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Foxwood staff report_CCCITY OF CHANHASSEN PC DATE: August 16, 2016 CC DATE: August 22, 2016 REVIEW DEADLINE: September 13, 2016 CASE #: 2016-20 BY: KS SUMMARY OF REQUEST: The applicant is requesting a Wetland Alteration Permit for the development of a 44-acre site to provide 46 new single-family residential lots. LOCATION: 9150 and 9250 Great Plains Blvd (PIDs 25250232100 and 250240810) APPLICANT: Bill Coffman Gonyea Homes and Remodeling 6102 Olson Memorial Highway Golden Valley, MN 55422 PRESENT ZONING: Agricultural Estate (A2) 2030 LAND USE PLAN: Residential Low- Density ACREAGE: 44 Acres DENSITY: N/A LEVEL OF CITY DISCRETION IN DECISION- MAKING: Wetland Alteration Permit – The city’s discretion in approving or denying a Wetland Alteration Permit is limited to whether or not the proposal meets the standards outlined in the Zoning Ordinance. If it meets these standards, the city must approve the wetland alteration permit. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSED MOTION: “The Chanhassen City Council approves Wetland Alteration Permit #2016-20 and authorize the Water Resources Coordinator to sign the Interagency Water Resource Application, subject to conditions within this staff report, and adopts the attached Findings of Fact and Recommendation.” City Council Foxwood WAP – Planning Case 2016-20 August 22, 2016 Page 2 of 11 PROPOSAL The applicant is requesting a Wetland Alteration Permit under Chanhassen City Code, Chapter 20, Article VI, Wetland Protection, and approval of a wetland replacement plan under the MN Wetland Conservation Act for the construction of a proposed single family residential development at 9150 and 9250 Great Plains Boulevard. APPLICABLE REGULATIONS Chapter 20, Article IV, Conditional Uses: Wetland Alteration Permits follow the Conditional Use Permit criteria Chapter 20, Article VI, Wetland Protection MN Rules Chapter 8420.0500 through 8420.0526 BACKGROUND Bill Coffman of Gonyea Homes and Remodeling, applicant, is requesting a wetland alteration permit for wetland impacts as a result of a proposed residential development that would involve the creation of 46 new single-family residential lots, as well as related streets, utilities, and stormwater treatment features. Currently, the property at 9150 Great Plains Boulevard is utilized as a wholesale landscape growing facility. The property at 9250 Great Plains Boulevard is currently a single-family residence. A portion of this property would be subdivided and be included in the proposed development. The remaining portion of the property would remain a single-family residence. There are eight identified wetlands located within the proposed project boundaries, shown in Figure 2, below. Wetlands were delineated and identified within the project site in the fall of 2015, and reviewed by the Technical Evaluation Panel on May 10th, 2016. Four additional wetland areas located on the Paulson property were added to the delineation at this time. The amended delineation was submitted on July 5th, 2016 and was approved by the City of Chanhassen on August 9th, 2016. City Council Foxwood WAP – Planning Case 2016-20 August 22, 2016 Page 3 of 11 Figure 2. Existing Wetlands City Council Foxwood WAP – Planning Case 2016-20 August 22, 2016 Page 4 of 11 In order to accommodate the project, the applicant is proposing to impact .059 acres of Wetland Basin 3, as shown in Figure 3 below. Figure 3. Existing Wetlands City Council Foxwood WAP – Planning Case 2016-20 August 22, 2016 Page 5 of 11 DISCUSSION The Interagency Water Resource Permit Application for wetland replacement dated June 27, 2016, was received and noticed on June 30, 2016. The proposed project will result in .059 acres of permanent impacts to Wetland Basin 3, which is one of eight identified wetland basins on the property, shown in Figure 4, below. Wetland Basin 3 has been identified as a Type 1, seasonally flooded basin. It is located in the southern portion of the property and flows into Wetland Basin 8. Figure 4. Proposed Permanent Wetland Impacts to Wetland Basin 3. The proposed .059 acres of wetland impacts resulting from the project are to be mitigated for using wetland bank credits purchased by the applicant from account #1175. This wetland bank is located in the same Bank Service Area (BSA 9) and Major Watershed 33 as the proposed project. Therefore, the impacts are required to be mitigated for at a 2:1 ratio, resulting in the purchase of .118 acres of wetland credit from bank #1175. This is consistent with Chapter 8420.0522 of the Wetland Conservation Act (WCA) Rules. City Council Foxwood WAP – Planning Case 2016-20 August 22, 2016 Page 6 of 11 ALTERNATIVES 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 described in the application was chosen over these alternatives. The following alternatives were presented in the MN Interagency Water Resource Application submitted by the applicant: No Build Alternative The no build alternative was not considered to be a viable option, as it would not fulfill the project purpose, needs and goals. Alternate 1: No Impact Alternative A no impact alternative was considered, however dismissed as the impacts to Wetland 3 are the result of a necessary road crossing. An alternative road crossing, which would entail shifting the access road to the north was considered. However, this would eliminate the connection to the parcel to the south, which is required by the City for future development. This crossing would also provide utility services to the adjoining property. Alternate 2 Shifting the road crossing to the east was also considered, which would then cross the wetland at its narrowest point. Due to topography constraints however, this alternative made it difficult to construct a safe and functional road. These alternatives were rejected because they would require a reduction in project scale or eliminate the required connection to the adjacent parcel. Impact Minimization and Avoidance The Wetland Conservation Act requires that if avoidance is not an option, the unavoidable impacts are minimized to the greatest extent practicable. Efforts have been made by the applicant to minimize the proposed wetland impacts by complying with required wetland buffers and stormwater treatment as part of the development. The roadway was also located closer to wetland 4, in order to reduce the amount of fill necessary, and resulting impact to wetland 3, due to elevation difference between the two wetlands. OTHER AGENCIES The applicant is responsible for obtaining any permits or approvals from the appropriate regulatory agencies and compliance with their conditions of approval. City Council Foxwood WAP – Planning Case 2016-20 August 22, 2016 Page 7 of 11 FINDINGS 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. 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 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 and stormwater facilities needed as a result of the proposed wetland impacts and development will be City Council Foxwood WAP – Planning Case 2016-20 August 22, 2016 Page 8 of 11 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 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. l. The proposed project will meet standards prescribed for certain uses as provided in the City Code. City Council Foxwood WAP – Planning Case 2016-20 August 22, 2016 Page 9 of 11 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. 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. City Council Foxwood WAP – Planning Case 2016-20 August 22, 2016 Page 10 of 11 (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. In order to accommodate the proposed project, the plan proposes impacts to one wetland, totaling .059 acres of permanent wetland impact. The applicant, Gonyea Homes and Remodeling, is proposing to replace the permanently impacted area resulting from the proposed driveway construction, using credits from wetland bank #1175. This requires a 2:1 replacement ratio, which 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. SUMMARY The applicant is requesting a Wetland Alteration Permit and approval of a wetland replacement plan under the MN Wetland Conservation Act for the construction of the proposed Foxwood development located at 9150 and 9250 Great Plains Blvd. The applicant has made sufficient efforts in reducing and avoiding impacts to wetlands on the property. City Council Foxwood WAP – Planning Case 2016-20 August 22, 2016 Page 11 of 11 RECOMMENDATION Staff recommends that City Council approve Wetland Alteration Permit #2016-20 and authorize the Water Resources Coordinator to sign the Interagency Water Resource Application, and adopts the following Findings of Fact and Recommendation, subject to the following conditions: Wetland Alteration Permit 1. A letter from the Board of Soil and Water Resources stating that the credits have been debited and applied towards this impact must be provided prior to any disturbance of the wetland. 2. An erosion prevention and sediment control plan consistent with Section 19-154 of city code must be included. 3. The plan must indicate how temporary impacts to the buffer area will be permanently stabilized. 4. The applicant must obtain approvals from the Riley Purgatory Bluff Creek Watershed District. ATTACHMENTS 1. Findings of Fact and Recommendation for Wetland Alteration Permit. 2. Development Review Application. 3. Minnesota Interagency Water Resource Application. 4. Affidavit of Mailing of Public Hearing Notice. 5. Memorandum from Applicant, dated July 27, 2016 g:\plan\2016 planning cases\2016-20 Foxwood WAP\Foxwood staff report_CC.doc