City Council Agenda Item #10_ Meeting of October 3, 2011

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1 City Council Agenda Item #10_ Meeting of October 3, 2011 Brief Description Recommendation Resolution approving conditional use permits for pedestrian improvements in Minnetonka Mills Park Adopt the resolution approving the request Proposal The city is proposing to make various pedestrian improvements within Minnetonka Mills Park. These improvements include earthen trails, a creek side boardwalk, and several formal recreation areas. The improvements currently proposed do not involve any floodplain fill, wetland impact, or creek crossing and as such, do not fall under the regulatory authority of other outside agencies. If necessary, future improvement that involve floodplain fill, wetland impact, and creek crossings would be reviewed at a future date. Planning Commission Hearing The planning commission considered the request on September 15, The staff report from that meeting is attached and various plans and documents describing the proposed project may be found on pages A1 A6. At that meeting, a public hearing was opened to take comment. One area resident spoke. He generally commented: He appreciated that the city previously took citizen input on the park design. He could see that input reflected in the final design. He was concerned about the safety of the existing sidewalk along Minnetonka Boulevard. Following the public hearing, the commission asked questions and discussed the proposal. One commissioner asked a question about the design of the proposed boardwalk. Staff explained the design features and noted that there would be an attempt to complement boardwalk railing with features within the Heritage Garden. The commission was excited to see the completed park. Planning Commission Recommendation On a 7-0 vote, the commission recommended that the city council approve the proposal. Meeting minutes may be found on pages A16 A17.

2 Meeting of October 3, 2011 Page 2 Subject: Minnetonka Mills Park Since Planning Commission Hearing There have been no changes to the proposal or additional information received since the planning commission s meeting on this item. Staff Recommendation Adopt the resolution on pages A12 A14, approving the requested conditional use permits. Through: Originator: John Gunyou, City Manager Julie Wischnack, AICP, Community Development Director Loren Gordon, AICP, City Planner Susan Thomas, AICP, Principal Planner

3 MINNETONKA PLANNING COMMISSION September 15, 2011 Brief Description Conditional use permits for pedestrian improvements in Minnetonka Mills Park Recommendation Recommend the city council approve the request Project No a Property Applicant Background Minnetonka Mills Park, north of Minnetonka Boulevard between I-494 and Plymouth Road. City of Minnetonka, represented by Perry Vetter In 2009, the city council approved a concept plan for development of Minnetonka Mills Park, which encompasses the property on both sides of Minnehaha Creek between I-494 and Plymouth Road. The plan contained a variety of components, including: botanical features, footpaths, pedestrian bridge crossings, creek overlooks, and tracings of the historic mills and other building foundations. (See pages A1 A2.) Since the concept plan approval, significant work has been done within the park: existing single-family homes owned by the city were demolished, invasive plant species were removed, and new plant species were planted. Construction of stone walls is on-going. Proposal Work is now set to begin on various pedestrian improvements included in the concept plan. However, some of the improvements would be within floodplain, wetland, and buffers areas surrounding Minnehaha Creek. (See pages A3 A.) These improvements, and the construction activities required for each, may be regulated by one or more public agency: the Army Corps of Engineers, the Minnesota Department of Natural Resources (DNR), the Minnesota Board of Water and Soil Resources (BWSR), the Minnehaha Creek Watershed District (MCWD), and the city. A determination of which agency/agencies will regulate, review, and permit the proposed improvements can occur only after a meeting of representatives of these groups. City staff is working to facilitate such a meeting.

4 Meeting of September 15, 2011 Page 2 Subject: Minnetonka Mills Park In the meantime, the city is proposing to do all work which is clearly outside of the regulatory authority of these outside agencies. This work, which does not involve any floodplain fill or wetland impact, consists of: Earthen Trails. Earthen trails would be located throughout the site. These trails would be created simply through mowing and clearing of brush. In areas of uneven ground, the surface of the trail would be sculpted by hand. As pervious trails, no special city approval is required. Boardwalk. A boardwalk would be constructed on the south bank of the creek east of the Minnetonka Boulevard/Baker Road intersection. By city code, a boardwalk may be located with the shore impact zone of a creek only by conditional use permit. (City Code Subd.5) Formal Recreation Areas. Construction of more formal recreation areas including a formal seating area, to be known as the Heritage Garden, and various creekside patios and overlooks would occur throughout the park. By city code, public recreational uses are allowed within wetland buffers and within shore impact zone of a creek only by conditional use permit. (City Code Subd.7 and Subd.5) Approving Body The planning commission makes a recommendation to the city council, which has final authority to approve or deny the request. (City Code Subd.4) Staff Analysis Staff finds that the proposed work to be reasonable. (1) The proposed improvements would not adversely impact public health, safety, or welfare. Rather, they are intended to increase enjoyment of the community s natural and historic resources. (2) The proposed improvements would meet all minimum conditional use permit standards. These standards are outlined in the Supporting Information section of this report.

5 Meeting of September 15, 2011 Page 3 Subject: Minnetonka Mills Park Staff Recommendation (3) The proposed improvements are consistent with the previously approved concept plan for Minnetonka Mills Park. (4) Any work requiring floodplain fill or resulting in wetland impact would be reviewed at a later date. Recommend that the city council adopt the resolution on pages A12 A14. This resolution approves the following conditional use permits for pedestrian improvements at Minnetonka Mills Park: Conditional use permit for boardwalk within the shore impact zone; Conditional use permit for boardwalk within a wetland buffer; Conditional use permit for public recreational use within the shore impact zone; and Conditional use permit for public recreational use within a wetland buffer. Approval is based on the following findings: 1) The proposed improvements would not adversely impact public health, safety, or welfare. Rather, they are intended to increase enjoyment of the community s natural and historic resources. 2) The proposed improvements would meet all minimum conditional use permit standards. These standards are outlined in the Supporting Information section of this report. 3) The proposed improvements are consistent with the previously approved concept plan for Minnetonka Mills Park. Approval is subject to the following conditions: 1) No work may be done under these conditional use permits which requires floodplain fill or results in wetland impact. a. Boardwalk supports located within wetland buffers must each be less than two feet in diameter. b. Any grading work within floodplain areas must result in disturbance of less than 1,000 square feet or 20 cubic yards. 2) Existing wetland buffer areas must be maintained.

6 Meeting of September 15, 2011 Page 4 Subject: Minnetonka Mills Park 3) Prior to construction, install tree and wetland protection fencing and any other erosion control measures as required by natural resources staff. These items must be maintained throughout the course of construction. 4) Impervious materials, including crushed rock, may not be applied to earthen trails, without obtaining a floodplain alteration permit. Originator: Susan Thomas, AICP, Principal Planner Through: Loren Gordon, AICP, City Planner

7 Meeting of September 15, 2011 Page 5 Subject: Minnetonka Mills Park Supporting Information Surrounding Northerly: Single-family residential homes; zoned R-1 Land Uses Easterly: Plymouth Rd and St. David s School beyond Southerly: Minnetonka Blvd and single-family homes beyond. Westerly: I-494 Planning CUP Standards Guide Plan designation: Low-Density residential and institutional Zoning: R-1 The proposed improvements would meet the conditional use permit standards for work within the shoreland and wetland districts. a) the use is consistent with the intent of this ordinance; Finding: The intent of the ordinance requirements as they pertain to the shoreland district is to protect the community s natural water resources while allowing for reasonable development. The proposed improvements would not adversely impact the creek. Rather, they are intended to increase enjoyment of this natural resource. b) the use is consistent with the goals, policies and objectives of the comprehensive plan; Finding: The proposed improvements are consistent with the comprehensive plan. The plan notes that parks in the Upper Minnehaha Creek corridor should be designed to implement complementary activities in appropriate areas that emphasis the creek corridor s natural resources, and recreational, educational, historic, and scenic values. c) the use does not have an undue adverse impact on governmental facilities, utilities, services or existing or proposed improvements; Finding: The proposed improvements would not adversely impact public facilities, utilities, or services. The funds associated with these improvements have been allocated in the Capital Improvements Plan (CIP).

8 Meeting of September 15, 2011 Page 6 Subject: Minnetonka Mills Park d) the use is consistent with the city's water resources management plan; Finding: The proposed improvements have been reviewed by the city s water resources engineer and found to be consistent with management plan. e) the use does not have an undue adverse impact on the public health, safety or welfare; Finding: The proposed improvements would not adversely impact public health, safety, or welfare. Rather, they are intended to increase enjoyment of the community s natural and historic resources. f) water bodies receiving runoff entering wetlands, floodplain or shoreland areas shall not be adversely impacted by the water quality of runoff; Finding: As the proposed improvements would add a negligible amount of impervious surface to the area surrounding the creek. As such, staff does not anticipate any adverse impact to the water quality of runoff. g) no structure or fill may be placed which adversely affects the minimum required water storage capacity as defined in the water resources management plan of a property; Finding: The proposed improvements would not impact water storage capacity. h) no structure subject to periodic inundation shall be designed for human habitation or shall the structure be serviced with public utilities; Finding: No habitable structures are proposed. i) structures shall have a low flood damage potential and shall be firmly anchored; Finding: The boardwalk and recreational uses proposed have low flood damage potential.

9 Meeting of September 15, 2011 Page 7 Subject: Minnetonka Mills Park j) service facilities, such as electrical and heating equipment, must be located a minimum of two feet above the flood elevation defined in the water resources management plan; Finding: No service facilities are proposed. k) there shall be no storage of materials which are flammable, explosive or otherwise dangerous to human, animal or plant life; Finding: No storage of materials is proposed. l) There shall be only minimal interference with wetland vegetation; and Finding: No interference with wetland vegetation is proposed. m) Required approvals shall be secured from all appropriate jurisdictions, including the United States Army Corps of engineers, Minnesota Department of Natural Resources, governing watershed district and the Lake Minnetonka Conservation District. Any conditions imposed upon such approvals shall be met. Finding: The pedestrian improvements proposed at this time do not require approval from any outside jurisdiction. Future Improvements As previously noted, some of the improvements approved with the Minnetonka Mills Park concept plan would be located within floodplain and wetland areas surrounding Minnehaha Creek. The conditional use and floodplain alteration permits required for these improvements will be brought to the planning commission and city council review following the determination of outside agency(s) will have jurisdictional authority. In addition, the trails throughout the park may require future review. Though currently planned as pervious, over time pervious trails may be covered with impervious materials, such as crushed rock, to: (1) prevent erosion; (2) reduce maintenance time and costs; and (3) establish the boundary of the trails. This impervious material would be considered fill, perhaps requiring conditional use and floodplain alteration permits.

10 Meeting of September 15, 2011 Page 8 Subject: Minnetonka Mills Park Natural Resources Neighborhood Comments Best management practices must be followed during the course of site preparation and construction activities. This would include installation and maintenance of a temporary rock driveway, erosion control, and tree protection fencing. As a condition of approval the applicant must submit a construction management plan detailing these management practices. The city sent notices to 51 area property owners and received the comments on pages A8 A10.

11 FREAR DR CREEKVIEW TER DANA DR MCGINTY RD E CHASE DR PLYMOUTH RD BURWELL DR Subject Property MINNETONKA BLVD MINNETONKA DR SAINT DAVIDS RD ELM LN BAKER RD INVERNESS RD Project and Applicant: LOCATION MAP City of Minnetonka Minnetonka Mills Park ± Address: McGinty Road East ( a) A1 This map is for illustrative purposes only.

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14 WETLAND EDGE DELINEATED TO DATE FLOODPLAIN ELEVATION EDGE OF SHORE IMPACT ZONE FOR ILLUSTRATION PURPOSES ONLY A4

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16 HERITAGE GARDEN A6

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18 From: To: Subject: Date: Attachments: Barb Seacord Susan Thomas; Tony Wagner; John Gunyou; Terry Schneider; Dick Allendorf; Amber Greves; Bob Ellingson; Brad Wiersum; James Hiller; Loren Gordon; Jeffrey Thomson; Stephanie Scott-Sims; Geralyn Barone 3375 Creekview Terrace Wednesday, September 07, :49:14 PM 3375 Creekview terrace.jpg City of Minnetonka, I live at 3375 Creekview Terrace and am extremely disappointed at seeing the latest plan for the Minnetonka Mills Park Project. I have included a picture of where my house is located in relation to the park. I built this house in 1987 and have lived there since in peace, quiet and privacy. The plans as they sit are going to take that away and greatly devalue my house as I am SO close to the park. I would like to request that the city seriously consider purchasing my home. Please try to imagine how you would feel if this was your home. I would appreciate the opportunity to speak with you about this! Barb Seacord Home Cell A8

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20 From: To: Subject: Date: Kramer Susan Thomas Re: Minnetonka Mills Master Plan Wednesday, September 07, :01:20 PM Dear Susan, This looks lovely.we were also very glad to see that there weren't any plans to put parking in our culde-sac. Thanks! Bill and Lesli Kramer Original Message From: Susan Thomas To: 'Kramer' Sent: Wednesday, September 07, :49 PM Subject: RE: Minnetonka Mills Master Plan Bill and Lesli, I apologize. I have forwarded your on to the city s IT staff. The plans associated with the proposed improvements are attached. If you have further questions, I can be reached at this address or at Susan Susan M. Thomas, AICP Principal Planner City of Minnetonka Minnetonka Blvd Minnetonka, MN P Please consider the environment before printing this . From: Kramer [mailto:wrkramer@comcast.net] Sent: Wednesday, September 07, :24 PM To: Susan Thomas Subject: Minnetonka Mills Master Plan Dear Susan, We tried to look at the master plan but got a message that the URL was not found. We are very interested in seeing these plans but we won't be able to attend the meeting on 9/15. Is there any possibility that you could forward a copy of the plans to us? Thanks. Bill and Lesli Kramer 3372 Creekview Terrace Minnetonka A10

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22 RESOLUTION NO RESOLUTION APPROVING CONDITIONAL USE PERMITS FOR PEDESTRIAN IMPROVEMENTS IN BE IT RESOLVED by the City Council of the City of Minnetonka, Minnesota, as follows: Section 1. BACKGROUND The city of Minnetonka is requesting conditional use permits for various pedestrian improvements in Minnetonka Mills Park (Project a) The proposed pedestrian improvements require the following conditional use permits: Conditional use permit for boardwalk within the shore impact zone; Conditional use permit for boardwalk within a wetland buffer; Conditional use permit for public recreational use within the shore impact zone; and Conditional use permit for public recreational use within a wetland buffer On September 15, 2011, the Planning Commission held a hearing on the application. The applicant was provided the opportunity to present information to the Planning Commission. The Planning Commission considered all of the comments and the staff report, which are incorporated by reference into this resolution. The Commission recommended that the City Council approve the permits. Section 2. STANDARDS City Code lists the standards that must be met for granting of conditional permits within the wetland, floodplain and shoreland zoning districts. These standards are inserted here by reference. Section 3. FINDINGS. A12

23 Resolution No Page The proposed improvements would not adversely impact public health, safety, or welfare. Rather, they are intended to increase enjoyment of the community s natural and historic resources The proposed improvements would meet all minimum conditional use permit standards outlined in City Code The proposed improvements are consistent with the previously approved concept plan for Minnetonka Mills Park. Section 4. CITY COUNCIL ACTION The above-described conditional use permits are approved, subject to the following conditions: 1. No work may be done under these conditional use permits which requires floodplain fill or results in wetland impact. a. Any grading work within floodplain areas must result in disturbance of less than 1,000 square feet or 20 cubic yards. b. Boardwalk supports located within wetland buffers must each be less than two feet in diameter. 2. Existing wetland buffer areas must be maintained. 3. Prior to construction, install tree and wetland protection fencing and any other erosion control measures as required by natural resources staff. These items must be maintained throughout the course of construction. 4. Impervious materials, including crushed rock, may not be applied to earthen trails, without obtaining a floodplain alteration permit. Adopted by the City Council of the City of Minnetonka, Minnesota, on October 3, Terry Schneider, Mayor ATTEST: David E. Maeda, City Clerk A13

24 Resolution No Page 3 ACTION ON THIS RESOLUTION: Motion for adoption: Seconded by: Voted in favor of Voted against: Abstained: Absent: Resolution adopted. I hereby certify that the foregoing is a true and correct copy of a resolution adopted by the City Council of the City of Minnetonka, Minnesota, at a duly authorized meeting held on October 3, David E. Maeda, City Clerk SEAL A14

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26 UNAPPROVED PLANNING COMMISSION MINUTES SEPTEMBER 15, 2011 Page 14 B. Conditional use permits for pedestrian improvements in Minnetonka Mills Park. (Project No a) Chair Cheleen introduced the proposal and called for the staff report. S. Thomas reported. She recommended approval of the application based on the findings and subject to the conditions listed in the staff report. Adams noted a drop from Minnetonka Boulevard to the river. He tried to imagine how a boardwalk would work on the slope. Vetter explained how the boardwalk would be offset. There would be no fill. The building code would determine if railings would be needed. The public hearing was opened. John Knight, Minnetonka Drive, complemented the plan. He lives across the boulevard. It would make the area safer. He could not tell if a sidewalk on Minnetonka Boulevard would remain. S. Thomas understood that the sidewalk would remain. Knight did not think the sidewalk is safe. It is adjacent to the busy road. He understood it is a county road. It was good that the city council and planning commission took feedback into account. There were concerns regarding the parking lot, but that was fixed. The plan looks good. He is excited to have it as part of the neighborhood and use it. Chair Cheleen noted staff taking notes on the comments regarding the sidewalk to research the situation further. No additional testimony was submitted and the hearing was closed. Adams walked the area. He was glad the city was able to acquire the beautiful property. He was looking forward to the project s completion. Adams moved, second by Lehman, to recommend that the city council adopt the resolution on pages A12 A14 of the staff report. This resolution approves the following conditional use permits for pedestrian improvements at Minnetonka Mills Park: Conditional use permit for boardwalk within the shore impact zone; conditional use permit for boardwalk within a wetland buffer; conditional use permit for public recreational use within the shore impact zone; and A16

27 UNAPPROVED PLANNING COMMISSION MINUTES SEPTEMBER 15, 2011 Page 15 conditional use permit for public recreational use within a wetland buffer. Approval is based on the following findings: 1) The proposed improvements would not adversely impact public health, safety, or welfare. Rather, they are intended to increase enjoyment of the community s natural and historic resources. 2) The proposed improvements would meet all minimum conditional use permit standards. These standards are outlined in the Supporting Information section of this report. 3) The proposed improvements are consistent with the previously approved concept plan for Minnetonka Mills Park. Approval is subject to the following conditions: 1) No work may be done under these conditional use permits which requires floodplain fill or results in wetland impact. a. Boardwalk supports located within wetland buffers must each be less than two feet in diameter. b. Any grading work within floodplain areas must result in disturbance of less than 1,000 square feet or 20 cubic yards. 2) Existing wetland buffer areas must be maintained. 3) Prior to construction, install tree and wetland protection fencing and any other erosion control measures as required by natural resources staff. These items must be maintained throughout the course of construction. 4) Impervious materials, including crushed rock, may not be applied to earthen trails, without obtaining a floodplain alteration permit. Sjeklocha, A. Thomas, Adams, Daeges, Lehman, Magney, and Cheleen voted yes. Motion carried. Chair Cheleen stated that the item is tentatively scheduled to be reviewed by the city council October 3, A17