06-17-2019 Planning Commission Packet

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Date Application Received: 05/09/19 O Date Application Considered as Complete:05/21/19 S- .ATo 60-Day Review Period Expires: 07/20/19 To: Chair Ressler and Planning Commission Members <I\t Dustin Rief, City Administrator lkESHO From: Melanie Curtis, Planner mcc Date: 17 June 2019 Subject: #LA19-000032,John Adams o/b/o Gregg& Denise Steinhafel, 2265 North Shore Dr Wetland Alteration Rezoning—Removal of Wetland from Wetland Overlay District Public Hearing Application Summary: The applicant is requesting approval of a wetland alteration and rezoning approval in order to remove a wetland from the City's Wetland Overlay District. Staff Recommendation: Planning Department Staff recommends approval. Background The property owners are contemplating creating a building pad for a sport court approximately 300 feet northeast of the existing home on the subject property. The desired location of the building pad/sport court conflicts with an existing 958 square foot Type 1 seasonally flooded wetland. They propose to mitigate this wetland with the purchase of wetland bank credits out of the city. According to the homeowners,this is the most practical location on the property for the improvement. The wetland is within±300 feet from the OHWL of Lake Minnetonka, and therefore is within the Shoreland. A wetland in the Shoreland less than 400 square feet is considered de minimus, and may be altered without the need to provide a replacement plan, per the Wetland Conservation Act. To impact or fill a wetland,the Watershed district must approve the Sequencing and Replacement Plan, and the City must approve a rezoning(removing the wetland from the City's wetland Map) and issue a wetland alteration permit, per Section 78-1610, attached as Exhibit D. Rezoning is necessary so the wetland is no longer subject to the standards of the Wetland Overlay District according to City Code Section 78-1609. The total land disturbance proposed is approximately 14,000 square feet of cut and fill to create the building pad.There will be approximately 124 cubic yards of fill material imported to the property. An administrative land alteration/grading permit will be required to undertake this project should it be approved by the City. MCWD Review In February,the applicant applied for Sequencing and Replacement Plan approval from the Minnehaha Creek Watershed District (MCWD) pursuant to Wetland Conservation Act (WCA) regulations in order to conduct the filling activities.