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1l. Approval of One Year Extension of A Wetland Alteration Permit for Alan and Mary Weingart ( Mark and Kathy Sanda)CITY OF / -' CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM L TO: Don Ashworth, City Manager Action by City Adrnir' strator Endorsed -, _ Mod i Nc d,.-......_._...._.. __.._ Da to co=;--sion FROM: Sharmin Al -Jaff, Planner II -. DATE: December 11, 1995 SUBJ: One Year Extension for Wetland Alteration Permit 93 -4, Alan and Mary Weingart ANALYSIS The applicant is requesting a one year extension, *ch is the average time extension the City Council typically grants. The applicants have encountered some delays that prevented them from completing the work prior to the permit running out (see attached letter). The wetland alteration permit will expire on December 13, 1995. This is the second extension to this permit. When the ' application was approved on December 13 1993, the Wetland Conservation Act was under the interim guidelines and the replacement ratio was 1:1. The City is now following the rules of the Wetland Conservation Act which state that all projects under the interim guidelines must be completed by June 30, 1995. The rules now require a replacement ratio of 2:1, and the notification procedures are more stringent. Since the applicant is not filling or draining additional wetland, but rather will just have to mitigate more wetland, staff proposes that the Council approve the extension 1 contingent that the Wetland Conservation Act rules and procedures are followed and approval is received through the state process. This is what is now required in the City's wetlands ordinance; the applicant will avoid an additional public hearing process for a project that will receive minimal changes. BACKGROUND At the December 13, 1993, meeting, the City Council approved the request for a wetland alteration permit (93 -4) to fill approximately 0.05 acre of a city classified Ag/Urban wetland and 0.15 acre of Natural Wetlands and to create additional wetland areas for the purpose of improving a driveway to access a single family parcel. The Council approved this request subject to the plans dated November 8, 1993, revised November 29, 1993, with the following conditions: Don Ashworth December 11, 1995 Page 2 1. The mitigation area is intended to be similar to the existing basins and, therefore, should be designed to the extent possible to have bottom contours that approximate those of the existing basins. We recommend that the mitigation area be subcut to a depth 6 -12 inches below the desired bottom elevation. The basins should then be lined with 6 -12 inches of organic soils to be excavated from filled wetland areas. This lining of organic soils should provide a seed source sufficient to facilitate the establishment of wetland vegetation within the mitigation areas. Mitigation basins should be designed with irregular edges and irregular bottom contours. Side slopes should be no steeper than 5:1; side slopes of 10:1 or greater are preferable. If on -site soils demonstrate significant permeability, consideration should be given to lining mitigation areas with clay or other impervious materials prior to lining the basins with organic soils. 2. Notification should be made to the Corps to verify coverage under their nationwide Section 404 permit. 3. A protected waters permit must be authorized by the DNR before the project can proceed. 4. The applicant or future landowner(s) shall be prohibited from using salts and de -icing chemicals applied to the driveway in order to protect the quality of the water running into the wetland areas. 5. The applicant shall submit a driveway design section through the wetland area to the engineering department for approval. 6. The applicant shall obtain a cross access easement from neighboring properties where the driveway encroaches. 7. All retaining walls over 4 feet in height require a building permit. S. The driveway will service one single family home. Only one residence will be permitted on the peninsula. 9. The wetland alteration permit will expire after one year from the date of City Council approval unless substantial construction on the driveway has taken place. 10. The applicant shall be responsible for all attorney fees associated with reviewing and recording this application. 11. The bridge section shall be built to a 9 ton design and made of materials which will not leech pollutants into the wetland or lake areas when immersed. The bridge section design shall be submitted to the City Engineer for approval. Don Ashworth ' December 11, 1995 Page 3 ' 12. In the event purple loosestrife areas are disturbed during construction of the proposed driveway, such purple loosestrife shall be disposed of properly according to DNR standards. 13. The applicant shall raise the driveway grade between the two wetlands adjacent to Lot 3, Block 2, Lake Lucy Highlands approximately one foot to an elevation of 981.0 and revise the invert elevations of the proposed 12 -inch CMP culvert to 978.1 at the east end and 978.0 at the west end. 14. The applicant shall install the proposed 21 -inch CMP culvert in a manner to facilitate stormwater runoff from the Kimble's property. I STAFF RECOMMENDATION: Staff recommends the City Council adopt the following motion: "The City Council approves a one year extension for Wetland Alteration permit #(93 -4) to fill approximately 0.05 acre of a city classified Ag/Urban wetland and 0.15 acre of Natural Wetlands and to create additional wetland areas based on the Wetland Conservation Act rules for the purpose of improving a driveway to access a single family parcel with the same conditions as originally approved." ATTACHMENTS 1. Location map. ' 2. Letter from Alan and Mary Weingart dated November 27, 1995. 3. City Council minutes dated December 13, 1993. Y z T ' Q O 0 _ O 0 0 .. 1 _ 0 0 O 0 bF J IL j CHR/ ;rAfAS• ;' ! 4 / ' WIL ow _* IK PARK '/.� ` - - Svb�� �- `�., �! - E � - • � i .Y. .BEAVER \ oo pL r - kra' at.. \� ..� (• _ � � u� - VOLE? io LAKE LUCY , r ' ID N L4 7 . J SHORES •'. -;. f , �,� �:,. � ..y � P-4 -<< L Q K - READOW �� CTl -- ��-, r E A NN GREE7V ,q K �' RD _. 7� A ' X pp / O U N a n 0 3 ti y g 66 ; M60 p7 t 4 lwon fill d I s. 1 d I m . I J ` Is W y i I l it? �$ S ¢ y 6666 ON U • I W J 5 9 2 �s i 3 R�' g ' "� � M4 �IIIIil 1 2 II � - � I I I � I / t tl 11 i I � 1 I I € I I I 1 , a m 1 1 fN 1 1 1 ' X pp / O U N a n 0 3 ti y g 66 ; M60 S p7 t 4 lwon fill d I s. ci Fp r I m . I J ` Is W y i I l it? �$ S ¢ y 6666 ON U io O Z z W J 5 9 2 �s i 3 R�' g ' 'rs � M4 I I � I I I � I / t tl S p7 t 4 lwon fill s. �aeg �e�Eg�te i I l it? �$ h i � a ( ,i , i o � i di I i i li 1 R. A � � o W z N IL o tl 2 CL w r �• a W N W M G, i J >= o w U, 2 b I be N i J w � 2 a ~ U w a E N 0 Q Z Q Y Q It U z O` y: .a z 9. o o d o „ N F,pl 1111�"� fns li _ �G� lli Ii INI"Q IIII R l November 27, 1995 Ms. Sharmin AI -Jaff City Planner City of Chanhassen 690 Coulter Drive Chanhassen, Minnesota 55317 Dear Ms. AI -Jaff, As a follow -up to our recent conversation, Mary and I respectfully request at this time a one year extension on our Chanhassen wetland alteration permit, number 93-4, for the purpose of improving the driveway access to the parcel commonly referred to as the Lake Lucy Peninsula. We recently moved to Chanhassen at the above address, and have had very little opportunity to plan and coordinate a driveway improvement project as approved in the above - mentioned permit. The extension of this permit will not contradict with any other regulatory permit(s). Minnesota DNR Protected Waters Permit number 94 -6078, issued December 5, 1994, encompasses the requirements of all other state, local and federal agencies, and remains effective for another 3 112 years, until May 8, 1999. Our intention has been to at least improve the driveway in as timely a manner as possible. Given the prospective development along the north shore of Lake Lucy, we would like to see how this proceeds in order to possibly eliminate any of the approved wetlands alteration altogether. We are anticipating that these development plans may become clearer over the next one to three years. Please forward our request for a one year extension of Permit #93 -4 to the City Council for their consideration. A copy of last years extension, issued to the then owners of the property (Mark and Kathy Sanda), is attached for your reference. Thanks again for your assistance. Sincerely, Alan R. Weingart Ma . Weingart CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 December 1, 1994 Mark and Kathy Sanda 1685 Steller Court Excelsior, MN 55331 Dear Mr. and Mrs. Sanda: At the November 28, 1994, meeting, the City Council approved the request for a one year extension for your wetland alteration permit (934), to fill approximately 0.05 acre of a city classified Ag/Urban wetland and 0.15 acre of Natural Wetlands and to create additional wetland areas for the purpose of improving a driveway to access a single family parcel. PC: Steve Dave Chanhassen City Council - December 13, 1993 AWARD OF BIDS: FIRE ENGINE REFURBISHING. Councilman Wing: Would it be too forward to move that Mr. Mayor? Mayor Chmiel: No, I would think that in looking to what we have. There's a motion on the floor to move it but we'll have discussion. Councilman Wing: No, no. No, please. I wish to have that taken from the record. It was inappropriate. Mayor Chmiel: Okay. You're removed. Yes, Colleen. Councilwoman Dockendorf. Are these the, Scott are these the bids that we had previously when we decided not to do anything about it? Scott Harr: No. Councilwoman Dockendorf: How did those bids look in comparison to these? Scott Harr. The new bids are slightly higher because one of the things that we agreed with working on this with the City Manager was rather than just cutting and pasting and patching, let's extend the life of the truck significantly. We could do that for another $10,000.00. That's to keep the truck going that much longer, that was a better investment. Councilwoman Dockendorf. Okay. That's all. Mayor Chmiel: Any other questions? Hearing none, I'll entertain a motion. Councilman Senn: I'll move approval. Councilman Mason: Second. Mayor Chmiel: It's been moved and seconded. Any other discussion? Resolution #93 -124: Councilman Senn moved, Councilman Mason seconded to award the Fire Engine 210 Refurbishing bid to Toyne in the amount of $74,970.00. All voted in favor, except Councilman Wing who abstained, and the motion carried. Mayor Chmiel: One abstention. Only because Mr. Wing is on the Fire Department. WETLAND ALTERATION PERMIT TO PROVIDE A DRIVEWAY ACCESS TO A SINGLE FAMILY _PARCEL, LOCATED SOUTH OF LAKE LUCY ROAD AND NORTH, EAST AND WEST OF LAKE LUCY ROAD; THE PARCEL IS A PENINSULA IN LAKE LUCY MARK AND KATHY SANDA. Sharmin Al -Jaffa The site is a peninsula located north, east and west of Lake Lucy. The only access for this site is via a 33 foot wide strip. This strip is approximately 1,700 feet in length. Currently there is a trail ... this trail into a driveway. In order to do that they need to fill wetlands. A wetlands will be filled in this area and then in this area. This is approximately .2 of an acre. They are replacing it with additional wetlands which 18 Chanhassen City Council - December 13, 1993 exceeds the amount of fill that they are putting in. This item appeared before the Planning Commission on ' November 17th. There were two issues raised. I guess the most significant one which has caused some revisions in this plan was the concern of one of the neighbors who has trees just southwest of the site. Of the driveway and what the applicant did was located a culvert and this culvert basically takes cane of any standing water in this area. There were other issues that were raised at the Planning Commission. We feel all of them ' have been addressed and we are recommending approval with the conditions outlined in the report. Thank you. Mayor Chmiel: Good. Thank you Sharmin. Is there a representative tonight wishing to indicate anything at all regarding the Sanda's? Mark Sanda: My name is Mark Sanda. This is my wife Kathy and we've been residents of Chanhassen for nearly 7 years. We've the people that are going for this approval of the existing, of an existing driveway that's been there for many years. First of all we appreciate you moving us up on the agenda ..A lot of discussion took place at the Planning Commission meeting on the 17th. We had a number of our neighbors get up and speak that they had no opposition to this. We've also got letters from many of them. There were some people that had concerns and as Sharmin mentioned, we feel we've addressed all of those in full. I don't believe there's anybody here tonight that was at that meeting and hopefully that's indicative of the fact that we've satisfied everyone's concerns. We've been working with the city since day one on this and the DNR and contacted all ' Council members that wanted to come out and look at the site. So we hope that you'll follow the recommendation of the Planning Commission to approve our driveway permit. Thanks a lot. Mayor Chmiel: Thank you. Appreciate it. Are there any questions of the Council? 1 Councilwoman Dockendorf: I just have one. If their driveway is flooded, washed out in any way, can the city become responsible for approving this? Mayor Chmiel: Roger? Roger Knutson: No. You're not legally responsible. They can complain. Mayor Chmiel: One other question that I had too Roger. In regard to construction on that particular piece of property. We've had some suits initiated against us because of poor soils. A basement was put in, caving in. ' The city was brought into it because of the inspections. Is there any way that the soils contained here could cause a problem and have us brought back into a suit? Or would it be better for us to have a condition put within, as an additional condition. Roger Knutson: A disclaimer? Mayor Chmiel: Right. ' Roger Knutson: A disclaimer would be appropriate but when you issue a permit, even though people can sue you about it, there's a great body of case law in Minnesota that's 100% supported so far. That says that giving a building permit or a conditional use permit or what have you is not an insurance policy. You're inspecting for the public good and you do not create any private rights. That's the case law now. So just because people have problems with their construction does not make the city responsible but I think a disclaimer would be ' appropriate. ' 19 Chanhassen City Council - December 13, 1993 Mayor Chmiel: Okay. Could you give us a disclaimer? Roger Knutson: ...referred to soils, you can just say we have, I think we have on other permits occasionally just saying that the City makes no representation about subsurface conditions or the stability of the site for a driveway. Mayor Chmiel: Alright. I would so move that language. Being incorporated as part of the wetland alteration permit. Councilman Wing: Second. Mayor Chmiel moved, Councilman Wing seconded to approve Wetland Alteration Permit #934 as shown on the plans dated November 8, 1993, with the following conditions: 1. The mitigation area is intended to be similar to the existing basins and, therefore, should be designed to the extent possible to have bottom contours that approximate those of the existing basins. We recommend that the mitigation area be subcut to a depth 6 -12 inches below the desired bottom elevation. The basins should then be lined with 6 -12 inches of organic soils to be excavated from filled wetland areas. This lining of organic soils should provide a seed source sufficient to facilitate the establishment of wetland vegetation within the mitigation areas. Mitigation basins should be designed with irregular edges and irregular bottom contours. Side slopes should be no steeper than 5:1; side slopes of 10:1 or greater are preferable. If on -site soils demonstrate significant permeability, consideration should be given to lining mitigation areas with clay or other impervious materials prior to lining the basins with organic soils. 2. Notification should be made to the Corps to verify coverage under their nationwide Section 404 permit. 3. A protected waters permit must be authorized by the DNR before the project can proceed. 4. The applicant or future landowner shall be prohibited from using should Fainifnize the s t f salts and de -icing chemicals applied to the driveway in order to protect the quality of the water running into the wetland areas. S. The applicant shall submit a driveway design section through the wetland area to the engineering department for approval. 6. The applicant shall obtain a cross access easement from neighboring properties where the driveway encroaches. 7. All retaining walls over 4 feet in height require a building permit. 8. The driveway will service one single family home. Only one residence will be permitted on the peninsula. 9. The wetland alteration permit will expire after one year from the date of City Council approval unless substantial construction on the driveway has taken place. 10. The applicant shall be responsible for all attorney fees associated with reviewing and recording this application. 20 Chanhassen City Council - December 13, 1993 11. The bridge e b dge section shall be built to a 9 ton design and made of materials which will not ieech pollutants into the wetland or lake areas when emersed. The bridge section design shall be submitted to the City Engineer for approval. 12. In the event purple loosestrife areas are disturbed during construction of the proposed driveway, such purple loosestrife shall be disposed of properly according to DNR standards. 13. The applicant shall raise the driveway grade between the two wetlands adjacent to Lot 3, Block 2, ' Lake Lucy Highlands approximately one foot to an elevation of 981.0 and revise the invert elevations of the proposed 12 -inch CMP culvert to 978.1 at the east end and 978.0 at the west end. 14. The applicant shall install the proposed 21 -incb CMP culvert in a manner to facilitate stormwater ' runoff from the Kimble's property. All voted in favor and the motion carried unanimously. SITE PLAN REVIEW AND CONDMONAL USE PERMIT FOR A 64,132 SO. FT. BYERLY'S SUPERMARKET, A 26.100 RETAIL BUILDING, AND A 7,000 SO. FT. COMMERCIAL BUILDING, ' LOCATED ON LOT 4. BLOCK 1. WEST VILLAGE HEIGHTS 2ND ADDITION, T.F. JAMES COMPANY. Public Present: Name Address Vemelle Clayton 422 Santa Fe CirciA Arnie Privie Gateway Foods Inc. ' Tim Menning Burnsville Lyle King Festival Foods Kent Dixon Delano Bob King Festival Foods Dan Beckman 6895 Chaparral Lane John Meyers Byealy's Tim McCoy McCoy Architects Charlie James T.F. James Company Mayor Chmiel: Why has this not been put under public hearing then if it's a conditional use permit? Don? Roger Knutson: The Planning Commission holds the public hearing on the conditional use permit. ' Mayor Chmiel: Thank you. That's right. Councilman Wing: I didn't know that. Don't apologize to me. ' Mayor Chmiel: Okay. Site plan review and conditional use permit for a 64,132 square foot Byerly's 1 21