08-21-2023 Planning Commission Packet

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Date Application Received: 06/13/2023 Date Application Considered as Complete: 06/26/2023 120 -Day Review Period Expires: 10/24/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: August 21, 2023 Subject: #LA23-000030, Ryan Ortlip, 4685 West Branch Road, 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 part of a wetland from the City's Wetland Overlay District to construct a driveway. Staff Recommendation: Planning Department Staff recommends approval. Background The applicant has purchased the vacant property located at 4685 West Branch Road with the intent to build a single-family home. The lot includes a 25 -foot -wide parcel that connects to West Branch Road and provides access to the main, buildable area of the property. The applicant is proposing to construct a driveway on this piece of the property which includes a wetland. The wetland will need to be altered and filled in order to construct a driveway and give the property owner access to the majority of their property. The proposed plans indicate possible grading beyond the property boundaries. The applicant has provided written permission from the abutting property owner included in Exhibit F. The wetland on the property is designated as a Type 2/3 wetland defined as a wet meadow or shallow marsh wetland. The total area of wetland proposed to be altered for the new driveway is approximately 2,760 square feet. The abutting driveway on the neighbor's property is supported by a culvert. The applicant is proposing to extent that culvert across the property to support the driveway. The applicant is proposing to mitigate the wetland impacts with wetland bank credits as recommended by Minnehaha Creek Watershed (MCWD). The proposed project will require Minnehaha Creek Watershed District (MCWD) permits for erosion control, waterbody crossing, wetland protection, floodplain alteration, and wetland conservation act. 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. 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. Additionally, an administrative land alteration/grading permit will be required for the construction of the driveway.