6. Knob Hill: Wetland Alteration Permit.1
CITY OF 2 6,
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
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MEMORANDUM
Action by CiW Administrator
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Endors "
Modifie ----
TO: Don Ashworth, City Manager
Rejecte -�--
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fJatA
We Submitted to CommissioQ
FROM: Phillip Elkin, Water Resource Coordinator
j)ete Submitted to Council
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DATE: June 18, 1996
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SUBJ: Knob Hill Development
Wetland Alteration Permit 96 -3
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BACKGROUND
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The subject wetland is located along Yosemite across from Creek Run Trail at the proposed Knob
Hill single family residential development (see Figure 1).
The wetland is required to be replaced
on -site at , a two to one ratio in accordance to the Wetland
Conservation Act and the City's
surface water management plan.
This development has previously been approved by the Planning Commission in February 1996,
but upon review for final plat approval, city staff recommended changes to the location of the
storm water pond. The proposed pond was in Yosemite right -of -way and could present problems
if street improvements were ever made. Moving the pond out of the right -of -way would require
one of these options: a) losing a buildable lot to locate the storm pond; b) extending the pond
directly behind Lots 5 and 6; or c) relocate the pond in the wetland.
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Option A is not economically feasible for the developer, but will be the only option if the Wetland
Alteration Permit is not approved. Option B would riot impact the wetland but would create
several safety and maintenance concerns and is not favored by city staff. The developer initially
presented Option C to the city, asking for an exemption under the 1996 revisions to the Wetland
Conservation Act. City staff rejected this proposal. because the city has not yet adopted the
State's revisions in the city Ordinances and the interim rules of the revisions require the developer
to withdraw the application for development and resubmit with the changes.
Knob Hill
June 18, 1996
Page 2
City staff agreed to allow the final plat go to City Council provided that the developer apply for a
Wetland Alteration Permit and work with staff on a plan that both the city and developer could
agree on. Approval of this Wetland Alteration Permit is required for final plat approval.
WETLAND IMPACTS
The wetland on this property has been identified as an Ag/urban type 1/2, seasonally flooded
wetland. Figure 2 shows the impact area and replacement plan of the wetland. The plan shows
that 1600 square feet of the existing wetland would be filled and that the mitigation would occur
along the existing edges of the wetland.
On April 12, 1996, the Governor of Minnesota signed into law amendments to the 1991 Wetland
Conservation Act. The new rules will be in effect for the next 60 days along with the existing
laws. In a memo from the Minnesota Board of Soil and Water Resources, we have received the
following interpretation for this interim period: "Projects approved before April 12th can be
completed as approved or if there is an advantage for the landowner to follow the new law they
can choose to cancel previously obtained approvals and request new approvals based on the
amended law if the project has not been completed." The new law increases the de minimis
exemption (the amount of impact not regulated) from 400 square feet to 2,000 square feet. It is
under these conditions that the developer has proposed to increase wetland impacts on the final
plat. However, the applicant was not willing to withdraw his previously approved project.
The City of Chanhassen ordinances are written to comply with the 1991 version of the Wetland
Conservation Act. Because the City of Chanhassen has not adapted these changes to its
ordinances and because the applicant is unwilling to cancel previously approved plans, city staff
has worked with the developer and recommended final plat approval to the City Council
providing that the applicant obtain a Wetland Alteration Permit (WAP). City Council approved the
final plat on May 20, 1996 conditional to a wetland alteration permit, as recommended.
The Wetland Alteration Permit will provide mitigation at a 2:1 ratio and shall also provide a buffer strip
of 0 to 20 feet wide with an average width of 10 feet around this wetland.
ANALYSIS
Staff has reviewed this plan and has found that it meets the requirements of both the City's
Surface Water Management Plan and the Wetland Conservation Act. The replacement of wetland
loss will be provided at a ratio of 2:1. The wetland impacts will be necessary to construct a storm
water treatment pond.
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Knob Hill
June 18, 1996
Page 3
PLANNING COMNIISSION UPDATE
On June 5, 1996, the planning commission unanimously recommended approval of the wetland
alteration permit.
RECOMMENDATION
Staff recommends the City Council adopt the following motion:
"The City Council approves Wetland Alteration Permit 96 -3 for the proposed Knob Hill
development subject to the following conditions:
1. Wetland Conservation Act and the City of Chanhassen Surface Water Management Plan
requirements.
2. General Permit 17 under the Army Corps of Engineers is applicable and should be
completed by the applicant.
3. The Applicant shall develop a sediment and erosion control plan in accordance with the
City's Best Management Practice Handbook. Type III erosion control fencing will be
required around the existing wetlands."
ATTACHMENTS
1. Reduced plan.
2. Planning Commission minutes dated June 5, 1996.
c: Charles Folch, City Engineer
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MITIGATED WETLAND AREA (3,217.52 sq. ft.)
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CHANHASSEN PLANNING COMMISSION
REGULAR MEETING '
JUNE 5, 1996
Vice Chairman Peterson called the meeting to order at 7:05 p.m. I
MEMBERS PRESENT: Craig Peterson, Don Mehl, Bob Skubic, Kevin Joyce, and Ladd
Conrad I
MEMBERS ABSENT: Nancy Mancino and Jeff Farmakes
STAFF PRESENT: Kate Aanenson, Planning Director; Bob Generous, Senior Planner; Dave
Hempel, Assistant City Engineer; and Phillip Elkin, Water Resource Coordinator
PUBLIC HEARING: '
WETLAND ALTERATION PERMIT FOR A PROPOSED PROJECT TO FILL A 0.037
ACRE TYPE 1/2 AG/URBAN WETLANDS AND MITIGATE BY CREATING 0.07 ACRE '
OF TYPE 1/2 WETLAND. THIS WORK WOULD BE DONE AS PART OF THE
PROPOSED KNOB HILL DEVELOPMENT ALONG YOSEMITE, ACROSS FROM
CREEK RUN TRAIL, METRO AREA PROPERTIES, INC.
Public Present:
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Name Address
Joe Knoblauch 13017 Maywood Lane
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John Knoblauch 16921 Weston Bay Road, Eden Prairie
Clayton Emmer 6321 Yosemite Avenue
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Phillip Ellan presented the staff report on this item.
Peterson: Any questions for the staff?
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Mehl: I have one. By adding to, let's say the eastern end of that. It's not, in high water '
times it's not going to encroach in on back yards or properties?
Elkin: No. The homes are meeting the minimum buildable site. 2 feet above the high water '
mark and what will happen at a 100 year event, it would overflow into the wetlands and go
underneath it. Go across the street there and into the natural waterways along this way up
north so the homes would be protected under 100 year flood. '
Mehl: Okay.
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I Planning Commission Meeting - June 5, 1996
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Peterson: For my own edification, give me some sense of how you expand the edges. Just
' bring the, do they bring in a backhoe and bring it down to a level.
Elkin: I think what they would do in this case is probably bring a dozer in and just level it
' into the same elevation as the existing wetland. This wetland is somewhat of a degraded
wetland. From the area it has been farmed and there's like some corn stalks in it so it's an
ag /urban wetland. A condition of approval, we could also have him clean out and improve
' the conditions of the wetland. That would be something we could recommend also.
Improving the quality of the wetland.
Peterson: Is it reasonable from a cost perspective?
Elkin: Well it's just a matter of grading out. Taking the vegetation and stripping the
vegetation off the top and grading out certain square footages and removing the undesirable
vegetation so there would be some cost to the developer. I'm not sure if we can, you know
he is mitigating so I don't know if we can ask him to do that also but.
Peterson: This would be the reasonable time to ask.
Elkin: Sure. Other questions of staff? Does the applicant or their designee wish to address
the commission?
John Knoblauch: No I don't.
Peterson: We want a motion to open the meeting for a public hearing.
Skubic moved, Joyce seconded to open the public heating. The public heating was opened.
Peterson: We're now open for a public hearing. Anybody wishing to address the Planning
Commission may come forward and do so. If you would state your name and your address
first please. Anyone wishing to address? Do I have a motion to close the public hearing?
Joyce moved, Mehl seconded to close the public heating. The public heating was closed.
Peterson: Any other discussion? Don, comments.
Mehl: It looks to me like a reasonable solution to the problem. I personally don't see a
problem with it. I would support staffs recommendation.
Peterson: Thank you. Bob.
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Planning Commission Meeting - June 5, 1996
Skubic: I would support the staffs proposal and recommendation.
Joyce: Pretty straight forward. I'd support it too.
Peterson: Ladd.
Conrad: Nothing new to add.
Peterson: And I concur. With that, do I hear a motion?
Mehl: I'll make a motion that the Planning Commission recommend to the City Council that
they approve the Wetland Alteration Permit #96 -3 for the proposed Knob Hill development
subject to the three conditions in the staff report.
Peterson: Is there a second?
Skubic: I'll second it.
Peterson: It's been moved and seconded. Any further discussion?
Mehl moved, Skubic seconded that the Planning Commission recommend to approve Wetland
Alteration Permit 996 -3 for the proposed Knob Hill development subject to the following
conditions:
1. Wetland Conservation Act and the City of Chanhassen Surface Water Management Plan
requirements.
2. General Permit 17 under the Army Corps of Engineers is applicable and should be
completed by the applicant.
3. The applicant shall develop a sediment and erosion control plan in accordance with the
City's Best Management Practice Handbook. Type III erosion control fencing will be
required around the existing wetland.
All voted in favor and the motion canied.
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