02-18-2020 Planning Commission Packet

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Date Application Received:January 22,2020 �O Date Application Considered as Complete: February 3,2020 60-Day Review Period Expires: April 2,2020 To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator 410ESH00' From: Jeremy Barnhart,AICP Community Development Director Date: February 18, 2020 Subject: LA20-000008, Hans Frees with Outdoor Excapes o/b/o Shane Ernzer, 505 Willow Drive South, Wetland Alteration Permit, Public Hearing Application Summary: The applicant is requesting a wetland alteration permit. Staff Recommendation: Planning Department Staff recommends approval contingent on obtaining a permit from the MCWD. Background The applicant is proposing to create a wildlife habitat within an existing wetland on their property. The spoils will be used to create a landscaping berm. The applicant has submitted an application with plans to the Minnehaha Creek Watershed District (MCWD)which has triggered a review by the Technical Evaluation Panel (TEP)which includes feedback from Board of Soil and Water Resource (BSWR), Department of Natural Resources (DNR), and Hennepin County. To impact or alter a wetland,the Watershed district must approve the sequencing and alteration plan,the City must approve a wetland alteration permit. Most wetland alteration permit include changing the boundaries or shape of an overall wetland and the City's Wetland Maps. This application does not propose changing of the boundaries of a wetland but requests approval to remove material within an existing wetland to add depth and create an open water area for wildlife habitat. The applicant is proposing to excavate roughly 7,850 sq.ft of the wetland to create a 100 foot wide open water pond with a proposed depth not the exceed 6 feet. The size of the wetland area is 5.11 acres making this alteration 3.5%of the total complex. Under the Wildlife Habitat exemption through WCA(Wetland Conservation Act) it is permissible to alter up to 5%of the total wetland complex. The applicant will be required by the MCWD to create an average of a 30 foot buffer around the wetland and provide a maintenance and monitoring plan for the buffer. The project will go before the MCWD Board on February 27, 2020. MCWD staff has indicated the applicant meets the criteria for the wildlife habitat exemption; MCWD staff is supporting the request. TEP The DNR and BWSR have provided recommendation on the project, including the DNR specification for pond excavation of the WCA regulated wetland. Based on the submitted plans the DNR Hydrologist has noted the project follows the intent of the DNR specification. BWSR concurs with the DNR findings of the project meets the intent of the WCA pond excavation