4. City Code Amendment-Wetland Ordinance1
r
7
1
CITY OF 5
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Background q'a5
Roger Knutson, the City Attorney, has prepared amendments to the city's existing wetland
ordinance. The city adopted a new wetland ordinance on December 14, 1992. The proposed
amendments will bring the city into full compliance with the Wetland Conservation Act of 1991.
In addition, the ordinance changes the septic system setback from 150 to 75 feet, which will
make it consistent with the shoreland regulations.
Diane Desotelle, the City's Water Resources Coordinator, has summarized the changes to the
wetland ordinance (see attachment).
Planning Commission Update
At the March 2 meeting, the commission unanimously recommended approval of the amendments
as proposed.
Recommendation
Staff recommends that the City council adopt the proposed amendments to the Wetland
Protection Ordinance.
Attachments
1. Memo from Diane Dosetelle dated February 14, 1994
2. Proposed Wetland Ordinance Amendment
3. Existing Chanhassen Wetland Ordinance
4. Planning Commission minutes dated March 2, 1994
MEMORANDUM
Action by Oty Adrttlnist IN
TO:
Don Ashworth, City Manager
Fndo
Modifie -
FROM:
Kate Aanenson, Planning Director
11ejecte
DATE:
March 23, 1994
Date Subrn+ `,ed to COMMIS fort
3 -ate
SUBJ:
Amendments to the Wetland Ordinance
to COM
Background q'a5
Roger Knutson, the City Attorney, has prepared amendments to the city's existing wetland
ordinance. The city adopted a new wetland ordinance on December 14, 1992. The proposed
amendments will bring the city into full compliance with the Wetland Conservation Act of 1991.
In addition, the ordinance changes the septic system setback from 150 to 75 feet, which will
make it consistent with the shoreland regulations.
Diane Desotelle, the City's Water Resources Coordinator, has summarized the changes to the
wetland ordinance (see attachment).
Planning Commission Update
At the March 2 meeting, the commission unanimously recommended approval of the amendments
as proposed.
Recommendation
Staff recommends that the City council adopt the proposed amendments to the Wetland
Protection Ordinance.
Attachments
1. Memo from Diane Dosetelle dated February 14, 1994
2. Proposed Wetland Ordinance Amendment
3. Existing Chanhassen Wetland Ordinance
4. Planning Commission minutes dated March 2, 1994
MEMORANDUM
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Kate Aanenson, Sr. Planner
FROM: Diane Desotelle, Water Resources Coordinator
DATE: February 14, 1994; Amended March 14, 1994
SUBJ: Wetland Protection Ordinance Amendment Summary
1. The main purpose for the amendment is to incorporate the permanent rules of the Wetland
Conservation Act of 1991 (Act) and the accompanying rules of the Minnesota Board of Water
and Soil Resources (Rules). Terms used in this ordinance which are defined in the Act or the
Rules have the meanings given there.
2. The setback for septic and soil absorption systems was reduced from 150 feet to 75 feet
from the ordinary high water mark of the wetland.
3. Mitigation of wetlands will be performed at a replacement ratio required by state law.
4. Section 20 -413 (b) describes the technical evaluation panel that is described fully in the
Act.
5. The list of exemptions have been removed since they are fully described in the Act.
g: cngN"ne \wetlands \wcabrdamend.94
MEMORANDUM
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE ZONING ORDINANCE,
CONCERNING WETLAND PROTECTION
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1 . Section 20-401 of the Chanhassen City Code is amended to read:
Sec. 20 -401. Findings, Intent, and Incorporation by Reference.
(a) Wetlands help maintain water quality, serve to reduce flooding and erosion,
act as sources of food and habitat for a variety of Fish and wildlife, and are an integral
part of the community's natural landscape. Wetlands provide the aesthetic benefits of
open space and can be used to provide a natural separation of land uses. It is the intent
of this article to establish a policy of sound stewardship through coordination of
regulations which conserve, protect, enhance, and result in the no net loss of these
environmentally sensitive resources. In addition, it is the intent of the City to promote the
restoration of degraded wetlands.
(b) The intent of this article is to avoid alteration and destruction of wetlands.
When this is not feasible, mitigation must be provided to recreate the lost or altered
wetlands value and function.
(c) This ordinance is adopted in part to implement the Wetland Conservation
Act of 1991 (Minn. Laws 1991, Chapter 354, as amended), and the accompanying rules
of the Minnesota Board of Water and Soil Resources (Minn. Rules Chapter 8420, as
amended).
(d) This ordinance incorporates by reference the Act and the Rules. Terms
used in this ordinance which are defined in the Act or the Rules have the meanings
given there.
SECTION 2 . Section 20-404 of the Chanhassen City Code is amended to read.
Sec. 20 -404. No Net Loss.
To achieve no net loss of wetland, except as provided under Section 20416 of
this article, or authorized by a wetland alteration permit issued by the City, a person may
10896
r12/17/93
U
u
Ll
not drain, grade, fill, remove healthy native vegetation, or otherwise alter or destroy a
wetland of any size or type. Any alteration to a wetland, permitted by a wetland alteration
permit, must be fully mitigated so that there is no net loss of wetlands.
SECTION 3 . Section 20 -405, subparagraph (1) of the Chanhassen City Code is
amended to read:
(1) Septic and soil absorption system must be a setback minimum of seventy -
five (75) feet from the ordinary high water mark of the wetland.
SECTION 4 . Section 20-407 of the Chanhassen City Code is amended to read:
Sec. 20 -407. Wetland Alteration.
An applicant for a wetland alteration permit shall adhere to the following principles
in descending order of priority:
(1) Avoiding the direct or indirect impact of the activity that may destroy or
diminish the wetland;
(2) Minimizing the impact by limiting the degree or magnitude of the wetland
activity and its implementation;
(3) Rectifying the impact by repairing, rehabilitating, or restoring the affected
wetland activity and its implementation;
(4) Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the activity; and
(5) Replaces unavoidable impacts to the wetlands by restoring or creating
substitute wetland areas having equal or greater public value as set forth
in Minnesota Rules 8420.0530 to 8420.0630.
' A wetland alteration permit shall not be issued unless the proposed development
complies within the provisions of the Mitigation Section of this article, as well as the
standards, intent, and purpose of this article.
' SECTION 5 . Section 20-408 of the Chanhassen City Code is amended to read:
Sec. 20 -408. Permit Required.
Drainage, grading, filling, removal of healthy native vegetation, or otherwise
' altering or destroying a wetland of any size or type requires a wetland alteration permit.
Activity in a wetland requiring a wetland alteration permit includes, but is not limited to:
' (1) Construction of new streets and utilities.
10896
r12/17/93 2
(2) Creation of ponds or dams and alterations of the natural drainageways of
water courses. This shall only be allowed as part of a mitigation project, or
to restore or improve the function and value of the wetland.
(3) Installation of boardwalks.
(4) Creation of sedimentation and water quality improvement basins if part of
a mitigation project, or used to restore or improve the function and value
of the wetland. These basins may not be created in "pristine" wetlands and
may only be created in "natural" wetlands if the City determines that there
is no reasonable alternative.
(5) Discharge of stormwater runoff in a manner that impacts the wetland.
SECTION 6 . Section 20- 412(a) of the Chanhassen City Code is amended to read.
(a) Mitigation intent. Where wetland alteration is approved and mitigation
is required, mitigation must result in an improvement to the wetland function and value.
Mitigation plans must address water quality, improvement, and maintenance of
preexisting hydrological balance and wildlife habitat. The wetland function and value will
include improvement of water quality, maintaining hydrological balance, and provision
of wildlife habitat. Mitigation will be performed at ratios required by state law to achieve
replacement of the wetland function and value.
SECTION 7 . Section 20- 412(c) of the Chanhassen City Code is amended to read:
(c) Mitigation techniques.
(1) Mitigation will be performed at a ratio required by state law
(2) Mitigation should always result in an improvement to the wetland
function and value. The wetland function and value will include
improvement of water quality, maintaining hydrological balance, and
provision of wildlife habitat.
(3) Mitigation shall provide a buffer strip as set forth in this article.
(4) Mitigation shall maintain or enhance the wetland hydrological
balance through the following:
(a) Restoration of partially drained wetlands.
(b) Creation of new wetlands.
(5) Mitigation shall provide for pretreatment of water prior to it entering
the wetland to improve water quality if required by the Chanhassen
Surface Water Management Plan.
L�
10896 3 ,
r12/17/93
(6) Mitigation, through the buffer strip, shall provide landscaping for
' nesting and food for wildlife habitat. The buffer strip landscape shall
provide for wildlife cover and utilize a diversity of native flora (i.e.,
trees, shrubs, grasses, herbaceous plants) to encourage wildlife
1 diversity and provide visual variety.
' (7) Wetland mitigation should be undertaken on -site. If this is not
feasible, mitigation should occur locally within the subwatershed. If
this is not possible, mitigation should occur outside the
' subwatershed, elsewhere in the City. Jf mitigation cannot be
accomplished on site, or if the City deems it necessary to perform
mitigation off -site, the applicant shall be responsible for contributing
' into the City's wetland mitigation fund. The mitigation performed off -
site shall meet the above requirements.
r�
U
SECTION 8 . Section 20-413 of the Chanhassen City Code is amended to read:
Sec. 20 -413. Application and Issuance of Permit.
(a) The applicant for a wetland alteration permit shall furnish the information
required by the City including, but not limited to, a site plan, topographic data,
hydrological data, and habitat evaluation procedures for the review of a wetland
alteration permit application. The planing director shall use discretion regarding the level
and complexity of information required to review the request. A wetland alteration permit
shall not be issued without having been first reviewed by the Planning Commission and
approved by the City Council following the review and hearing procedures set forth for
conditional use permits and the additional requirement of Minnesota Rules 8420.0230.
The applicant shall have the burden of proving that the proposed use or activity complies
with the purposes, intent, and other provisions of this article. The Council may establish
reasonable conditions which are specifically set forth in the permit to ensure compliance
with requirements contained in this article. Such conditions may, among other matters,
limit the size, kind, or character of the proposed work; require the construction of other
structures; require replacement of vegetation and wetland function and value; establish
required monitoring procedures and maintenance activity; state the work over time;
require the alteration of the site design to ensure buffering; require the provision of a
performance security.
(b) The Chanhassen City Council shall appoint a person to serve on a
technical evaluation panel. The person must be a technical professional with expertise
in water resources management. Decisions under this ordinance must not be made until
after receiving the determination of the technical evaluation panel regarding wetland
public values, location, size, and /or type if the City Council, the landowner, or a member
of the technical evaluation panel asks for such determinations. This requirement does
not apply to wetlands for which such data is included in an approved comprehensive
wetland management plan per Minnesota Rules 8420.0240. The City Council may seek
10896
r12/17/93 4
and consider recommendations, if any, made b the technical evaluation panel in making
,
Y Y 9
replacement plan decisions.
(c) Decisions made under this ordinance may be appealed to the Board of
Water and Soil Resources under Minnesota Rules 8420.0250, after administration appeal
rights under the official controls have been exhausted.
SECTION 9 . Section 20-416 of the Chanhassen City Code is amended to read: ,
Sec. 20 -416. Exemptions.
Activities exempted by Minnesota Rules 8420.0120 shall be exempted from the '
provisions of this article. However, certificates of exemption must be obtained from the
City prior to starting work. '
SECTION 10 . Section 20-417 of the Chanhassen City Code is amended to read:
Sec. 20 -417. Variances.
Variances from the requirements of this article may be granted in accordance with '
the variance provisions of this chapter as regulated by Article II, Division II of this Code
so long as the variances do not violate the Act or the Rules.
SECTION 11 . Section 20-418 of the Chanhassen City Code is amended by
deleting subparagraphs (c) and (d) in their entirety.
SECTION 12 . This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this day of , 1993, by the City
Council of the City of Chanhassen. ,
ATTEST:
Don Ashworth, Clerk/Manager
Donald J. Chmiel, Mayor
(Published in the Chanhassen Villager on , 1993).
10696
r12/17/93
E1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 180
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE CONCERNING WETLANDS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
' Section 1 . Chapter 20, Article VI of the Chanhassen City
Code is amended in its entirety to read:
' ARTICLE VI. WETLAND PROTECTION
' Sec. 20 -401. FINDINGS AND INTENT.
(a) Wetlands help maintain water quality, serve to reduce
flooding and erosion, act as sources of food and habitat for a
' variety of fish and wildlife, and are an integral part of the
community's natural landscape. Wetlands provide the aesthetic
benefits of open space and can be used to provide a natural
separation of land uses. It is the intent of this Article to
establish a policy of sound stewardship through coordination of
regulations which conserve, protect, enhance, and result in the
no net loss of these environmentally sensitive resources. In
addition, it is the intent of the City to promote the restoration
of degraded wetlands.
(b) The intent of this Article is to avoid alteration and
destruction of wetlands. When this is not feasible, mitigation
must be provided to recreate the lost or altered wetlands value
' and function.
Sec. 20 -402. PURPOSE.
1 The purpose of this Article is to assure the general health,
safety, and welfare of the residents through preservation and
conservation of wetlands and sound management of development by:
(1) Conducting an inventory and classification all wetlands
within the City and maintenance of a comprehensive set
of official City maps delineating wetlands.
(2) Establishment of wetland regulations that are
coordinated with flood protection and water quality
programs under the Chanhassen Surface Water Management
Plan.
(3) Requiring sound management practices that will protect,
conserve, maintain, enhance, and improve the present
quality of wetlands within the community.
263 rit/30/92
Sec. 20 -403. DELINEATION O� WETLANDS.
Wetlands shall be subject to the requirements established
herein, as well as restrictions and requirements established by
other applicable City ordinances and regulations. The Wetland
Protection Regulations shall not be construed to allow anything '
otherwise prohibited in the zoning district where the wetland
area is located.
A wetland is land that meets the definition of "wetlands"
'
'
(4)
Requiring measures designed to maintain and improve
facie evidence of the location and type of wetland. The official
water quality in streams and lakes.
naps shall be developed and maintained by the Planning
'
of wetlands.
(5)
Protecting and enhancing the scenic value
supply detailed information for review supporting the applicant's
(6)
Restricting and controlling the harmful effects of land
information, including but not limited to, topographical survey
development on wetlands.
and soil data deemed necessary for the City to determine the
(7)
Allowing only development that is planned to be
,
determination to maintain the officially designated wetland
compatible with wetland protection and enhancement.
'
(8)
Providing standards for the alteration of wetlands when
'
determination shall be certified by a registered engineer,
alteration is allowed.
'
(9)
Mitigating the impact of development adjacent to
boundary and type to the City Council.
wetlands.
,
(lo)
Educating and informing the public about the numerous
263 2
benefits and features of wetlands and the impacts of
urbanization.
(11)
Obtaining protective easements over or acquiring fee
title to wetlands as appropriate.
I
Sec. 20 -403. DELINEATION O� WETLANDS.
Wetlands shall be subject to the requirements established
herein, as well as restrictions and requirements established by
other applicable City ordinances and regulations. The Wetland
Protection Regulations shall not be construed to allow anything '
otherwise prohibited in the zoning district where the wetland
area is located.
A wetland is land that meets the definition of "wetlands"
'
set forth in this Ordinance. Wetland boundaries and wetland types
as established by officially adopted City maps shall be prima
facie evidence of the location and type of wetland. The official
naps shall be developed and maintained by the Planning
'
Department. If an applicant questions whether a wetland exists or
disputes its delineation, the applicant shall have the burden to
supply detailed information for review supporting the applicant's
,
position. The applicant shall provide appropriate technical
information, including but not limited to, topographical survey
and soil data deemed necessary for the City to determine the
exact wetland boundary. The Planning Director shall make a
,
determination to maintain the officially designated wetland
boundary or if the boundaries need to be corrected on City plans
and naps based upon the data that is supplied. Data for wetland
'
determination shall be certified by a registered engineer,
surveyor, or a qualified wetland consultant. The applicant may
appeal the Planning Director's determination of the wetland
boundary and type to the City Council.
This Article establishes three (3).wetland types and one
body type:
263 2
I
wetlands, AaMrban Wetlands that have been influenced by
agricultural or urban (residential, commercial, or
industrial) land usage are called Ag /Urban. Influences
include: over nutrification, soil erosion and
sedimentation, and water quality degradation. As a result of
these influences there is a loss of plant species diversity,
overcrowding and domination by invasive species such as reed
canary grass, and reduction in wildlife habitat.
Wetlands, Natural Natural wetlands are still in their
natural state and typically show little sign of impact from
surrounding land usage. The vegetative community of these
'
wetlands are characterized by a diversity of plant species
with mixed dominance of species. Other key factors include:
presence of natural indicator species, good wildlife
'
habitat, and being aesthetically pleasing.
Wetlands, Pristine Wetlands that exist in a natural state
and have special and unusual qualities worth protecting at a
'
high level are called Pristine. These qualities include:
outstanding vegetation community, native species population,
rare or unusual species present, and habitat for rare
wildlife species.
Utilized Utilized water bodies created for the specific
purpose of surface water runoff retention and /or water
'
quality improvements. These water bodies are not to be
classified as wetlands even if they take on wetland
characteristics. Wetland alteration permits shall not be
required to undertake work on these water bodies.
Sec. 20 -404. NO NET LOSS.
'
To achieve no net loss of wetland, except as provided under
Section 20 -416 of this Ordinance, or authorized by a wetland
alteration permit issued by the City, a person may not drain,
grade, fill, burn, remove healthy native vegetation, or otherwise
alter or destroy a wetland of any size or type. Any alteration to
a wetland, permitted by a wetland alteration permit, will be
'
fully mitigated so that there is no net loss of wetlands.
Sec. 20 -405. STANDARDS.
The following standards apply to all lands within and
abutting a wetland:
(1) Septic and soil absorption system must be a setback
minimum of one hundred fifty (150) feet from the
ordinary high water mark of the wetland.
(2) The lowest ground floor elevation is three (3) feet
above ordinary high water mark of the wetland.
(3) Docks or walkways shall be elevated six (6) to eight
(8) inches above the ordinary high water mark or six
' 263
3
X11/UM
(6) to eight (8) inches above the ground level,
whichever is greater.
(4) Access across a wetland shall be by means of a
boardwalk and only upon approval of a wetland
alteratign permit. '
(5) The City's Best Management Practices Handbook shall be
followed.
Sec. 20 -406. WETLAM 3"YER ETRIPB AM •ETRACKS
(a) For lots created after December 14, 1992 (date of ,
ordinance adoption), a buffer strip shall be maintained abutting
all wetlands. Buffer strip vegetation shall be established and
maintained in accordance to the following requirements. Plant
species shall be selected from wetland and upland plants to '
provide habitat for various species of wildlife. Buffer strips
shall be identified by permanent monumentation acceptable to the
City. In residential subdivisions, a monument is required for
each lot. In other situations, a monument is required for each
300 feet of wetland edge. The buffer strips and structure
setbacks shall meet the following standards: ,
Wetland
4 of Native '
Vegetation in
Buffer Strip Entire Entire Optional Optional ,
263 4 r11/30/92
iJ
I
Principal
100' 40'
40' 0'
Structure
measured
measured
Setback
from the
from the
outside edge
outside edge
'
of the
of the
buffer strip*
buffer strip*
Buffer
Strip
20 -100' 10 -30'
0 -20' Of
,
Buffer Strip
Minimum
,
Average Width
50' 20'
10' 0'
4 of Native '
Vegetation in
Buffer Strip Entire Entire Optional Optional ,
263 4 r11/30/92
iJ
L
AG /URBAN WETLAND ILLUSTRATION
I EDGE
HOME 1 SETBACK
I � ta WETLAW
1 30'"
.u"M I
I (MERAGE 10' DEPTH)
The dimensions of the buffer strips may be adjusted by the City
based upon the quality of the wetland, local topographic
conditions, and the type and design of development being
proposed. The table above provides minimum and maximum dimensions
for the buffer strip. The use of a meandering buffer strip.to
maintain a natural appearance, is encouraged. Structure setbacks
are also described in the table. On single family subdivisions in
the RSF district, the applicant must demonstrate that each lot
provides sufficient area to accommodate the applicable front yard
setback, 60 x 60' deep building pad, and a thirty (30) foot rear
yard area. All of these elements must be provided outside of
designated wetland and buffer strip areas.
(b) For lots of record on (date of ordinance
adoption) within wetland areas and for lands abutting a wetland
area, the following minimum provisions are applicable unless
alternative plans are approved by the City under a wetland
alteration permit:
Setback
' Principal
Structure
7
100'
75•
75'
Utilized
Of
The City may approve reduced wetland setbacks as outlined in
subparagraph (a) above.
263 5 ri1/30/92
Sec. 20 -407. WETLAND ALTERATION. I
An applicant for a wetland alteration permit shall adhere to
the following principles in descending order of priority:
(1) Avoiding the direct or indirect impact of the activity
that may destroy or diminish the wetland; '
(2) Minimizing the impact by limiting the degree or '
magnitude of the wetland activity and its
implementation;.
(3) Rectifying the impact by repairing, rehabilitating, or ,
restoring the affected wetland environment;
time by
'
(4) Reducing or eliminating the impact over
preservation and maintenance operations during the life
of the activity; and
'
(5) Compensating for the impact by replacing or providing
substitute wetland resources or environments.
the
�.
A wetland alteration permit shall not be issued unless
proposed development complies within the provisions of the
Mitigation Section of this ordinance, as well as the standards,
intent, and purpose of this Article. If the City determines that
the required calculations in a particular instance are needlessly
burdensome because of the area and nature of a proposal, it may
agree to a substitute analysis.
'
Sec. 20 - 408. PERMIT REQUIRED.
Drainage, grading, filling, burning, removal of healthy
'
native vegetation, or otherwise altering or destroying a wetland
of any size or type requires a wetland alteration permit.
Activity in a wetland requiring a wetland alteration permit
'
includes, but is not limited to:
(1) Construction of new streets and utilities.
'
(2) Creation of ponds or dams and alterations of the
natural drainageways of water courses. This shall only
be allowed as part of a mitigation project, or to
'
restore or improve the function and value of the
wetland.
'
(3) Installation of boardwalks.
(4) Creation of sedimentation and water quality improvement
basins if part of a mitigation project, or used to
restore or improve the function and value of the
wetland. These basins may not be created in "pristine"
wetlands and may only be created in "natural" wetlands
'
263 6 01/30/92
if the City determines that there is no reasonable
1 alternative.
(5) Discharge of storm water runoff in a manner that
impacts the wetland.
Sec. 20 -409. FILLING.
263 7 r11/UM
When
a wetland alteration permit is issued allowing filling
'
in a wetland, the following standards shall be followed:
(1)
Filling must be consistent with the Chanhassen Surface
water Management Plan.
(2)
Filling shall not cause total natural nutrient
stripping capacity of the wetland to be diminished to
an extent that is detrimental to any area river, lake,
or stream.
'
(3)
only fill free of chemical pollutants and organic
wastes may be used.
(4)
Filling shall be carried out so as to minimize the
impact on vegetation.
(5)
Filling in wetland areas will not be permitted during
waterfowl breading season or fish spawning season,
unless it is determined by the City that the wetland is
not used for waterfowl breeding or fish spawning.
(6)
Filling in wetland areas will be required to be
mitigated in accordance with the requirements of this
'
Article.
Sec. 20 -410. DREDGING /EXCAVATION /GRADING.
'
when
a wetland alteration permit is issued allowing
dredging,
excavating, or grading in a wetland, the following
standards
shall be followed:
(1)
The dredging will not have a net adverse effect on the
ecological and hydrological characteristics of the
'
wetland.
(2)
It shall be located as to minimize the impact on
vegetation.
(3)
It shall not adversely change water flow.
(4)
The size of the dredged area shall be limited to the
minimum required for the proposed action.
(5)
Disposal of the dredged material is prohibited within
the wetland area.
263 7 r11/UM
(6)
Disposal of any dredged material shall include proper
erosion control and nutrient retention measures.
(7)
Dredging in any wetland area is prohibited during
waterfowl breeding season or fish spawning season,
unless it is determined by the City that the wetland is
not used for waterfowl breeding or fish spawning.
(8)
Dredging in wetland areas will be required to be
mitigated in accordance with the requirements of this
Article if the activity results in a loss of functional
,
wetland. Dredging to create water quality improvement
basins may be allowed by the City where reasonable
alternatives are not available or where the wetland is
of low quality and designated for this purpose by the
Chanhassen Surface Water Management Plan.
Sec. 20 -411. STORM WATER RUNOFF.
When
a wetland alteration permit is issued allowing storm
water runoff to discharge directly into a wetland, the following
'
standards
shall be followed:
(1)
An increase over the natural volume of storm water
runoff from a development may be allowed when necessary
'
for use of property, but only when it will not have a
net adverse effect upon the ecological and hydrological
characteristics of the existing wetlands. The
restrictions on runoff set out below shall not be
exceeded. Since the total increase in runoff which can
be permitted is limited, the City, when considering
permit applications, shall consider, in addition to the
following, apportionment of increased runoff
opportunity to all wetland property within the
surrounding wetland area.
'
(2)
Storm water runoff from a development may be directed
to the wetland only when free of debris and
'
substantially free of chemical pollutants and silt, and
only at rates which do not disturb vegetation habitat
or increase turbidity. Sheet flow and other overland
drainage of runoff shall be encouraged.
'
(3)
The allowed total increased runoff, in combination with
the total fill allowed, shall not cause total natural
'
flood storage or nutrient stripping capacity of the
wetland to be reduced in a manner inconsistent with
requirements established by the Chanhassen Surface
Water Management Plan.
Sec. 20 -412. MITIGATION.
(a) Mitigation Intent Where wetland alteration is
approved and mitigation is required, mitigation must
result in an improvement to the wetland function and
263 a W/30/92
t
1
value. Mitigation plans must address water alit y,
improvement, and maintenance of pre- existing
1
hydrological balance and wildlife habitat. The wetland
function and value will include improvement of water
quality, maintaining hydrological balance, and
provision of wildlife habitat. Mitigation will be
'
performed at ratios required by state law to achieve
replacement of the wetland function and value.
Mitigation will not always be based solely on an acre
to acre replacement, but may be based on replacement of
habitat units (HU) through the use of habitat
evaluation procedures. When significant improvements in
the wetland value and function result, acre for acre
surface area replacement may not be required.
(b) Mitigation Standards Mitigation of wetlands for
function and value should be restored, created, and
enhanced to have the following characteristics:
(1) Relatively stable water levels subject to natural
fluctuations.
(2) Pretreatment of inflow waters to improve quality.
(3) High level of upland /lowland intermingling.
(4) A ratio of open water to aquatic vegetation
between 1:1 and 1:2.
(5) High degree of intermingling of open water and
aquatic vegetation.
'
(6) High level of plant species diversity.
(7) Restoration of native plant species in upland and
lowland areas.
'
Undisturbed
(8) upland /lowland edge (i.e., buffer).
(9) Meandered wetland edge.
(10) Irregular bottom contours - mix of shallow and
deep water.
(11) Shallow side and bottom slopes - preferable 10:1
to 30:1 around and within wetland; steeper slopes
may be used to provide open water and greater
vegetation variability.
263
I
(c) Mitigation,Technicrues
(1) Mitigation will be performed at a ratio required
by state law.
9
i
01/30/92
263
(5) Mitigation shall provide a buffer strip as set
forth in this Article.
(6) Mitigation shall maintain or enhance the wetland
hydrological balance through the following:
- Restoration of deteriorated wetlands
- Flooding of previously drained wetland basins
- Creation of new wetlands ,
- Enhancement of existing wetlands
(7) Mitigation shall provide for pretreatment of water '
prior to it entering the wetland to improve water
quality if required by the Chanhassen Surface
Water Management Plan.
(8) Mitigation, through the buffer strip, shall '
provide landscaping for nesting and food for
wildlife habitat. The buffer strip landscape shall
provide for wildlife cover and utilize a diversity
of native flora (i.e., trees, shrubs, grasses,
herbaceous plants) to encourage wildlife diversity '
and provide visual variety.
(9) Wetland mitigation should be undertaken on -site.
If this is not feasible, mitigation should occur
locally within the sub - watershed. If this is not
possible, mitigation should occur outside the
sub - watershed, elsewhere in the City. If '
mitigation cannot be accomplished on site, or if
the City deems it necessary to perform mitigation
off -site, the applicant shall be responsible for
contributing into the City's wetland mitigation '
10 r11/30/92
(2) The City will use the Habitat Evaluation
Procedures (HEP) to determine Habitat Units (HUs)
to be replaced.
(3) Mitigation should always result in an improvement
to the wetland function and value. The wetland
function and value will include improvement of
water quality, maintaining hydrological balance,
and provision of wildlife habitat.
'
(4) Mitigation will not always be based solely on an
acre to acre replacement, but may be based on
replacement of habitat units (HU) through the use
of habitat elevation procedures (appendix) at a
ratio of 2:1. When significant improvements in the
wetland value result, direct surface area
replacement on a 2:1 basis may not be required.
The City Council will determine when wetland
impact will be allowed and the nature of
mitigation which will be acceptable.
263
(5) Mitigation shall provide a buffer strip as set
forth in this Article.
(6) Mitigation shall maintain or enhance the wetland
hydrological balance through the following:
- Restoration of deteriorated wetlands
- Flooding of previously drained wetland basins
- Creation of new wetlands ,
- Enhancement of existing wetlands
(7) Mitigation shall provide for pretreatment of water '
prior to it entering the wetland to improve water
quality if required by the Chanhassen Surface
Water Management Plan.
(8) Mitigation, through the buffer strip, shall '
provide landscaping for nesting and food for
wildlife habitat. The buffer strip landscape shall
provide for wildlife cover and utilize a diversity
of native flora (i.e., trees, shrubs, grasses,
herbaceous plants) to encourage wildlife diversity '
and provide visual variety.
(9) Wetland mitigation should be undertaken on -site.
If this is not feasible, mitigation should occur
locally within the sub - watershed. If this is not
possible, mitigation should occur outside the
sub - watershed, elsewhere in the City. If '
mitigation cannot be accomplished on site, or if
the City deems it necessary to perform mitigation
off -site, the applicant shall be responsible for
contributing into the City's wetland mitigation '
10 r11/30/92
fund. The mitigation performed off -site shall meet
the above requirements.
(10) The City may determine that the public interest is
best served by requiring off -site wetland
mitigation. This determination will be made based
upon the City of Chanhassen's Surface Water
Management Plan. When this situation arises.or
when the applicant is unable to restore wetlands
on -site, the City will require payment into the
dedicated Wetland Mitigation Banking Fund. This
fund shall be used solely to create new and /or
expand and improve existing wetlands according to
the priorities outlined in this Article. The City
Council shall establish the fee structure on an
' annual basis. Fees shall be based upon the average
price for similar property elsewhere in the City.
(d) Construction Management and Lona Term Wetland
Maintenance
(1) The permit holder shall follow the City's best -
' management practices to minimize direct impacts
due to erosion and construction practices and to
safeguard wildlife habitat.
(2) The permit holder shall conduct a monitoring
program and evaluation until construction is
' completed. A letter of credit from the permit
holder shall be held to ensure compliance similar
to any other public improvement. The City will
ensure that the permit holder is delivering the
wetland that was promised. The permit holder shall
demonstrate compliance with the designed wetland
as -built plans.
' Where feasible, the City shall require the permit
holder to satisfy long term management requirements.
Sec. 20 -413. APPLICATION AND ISSUANCE OF PLRMIT.
The applicant for a wetland alteration permit shall furnish
the information required by the City including, but not limited
to, a site plan, topographic data, hydrological data, and habitat
evaluation procedures for the review of a wetland alteration
permit application. The Planning Director shall use discretion
regarding the level and complexity of information required to
review the request. A wetland alteration permit shall not be
issued without having been first reviewed by the Planning
Commission and approved by the City Council following the review
and hearing procedures set forth for conditional use permits. The
applicant shall have the burden of proving that the proposed use
or activity complies with the purposes, intent, and other
provisions of this Article. The Council may establish reasonable
conditions which are specifically set forth in the permit to
263 1 1 ti t/30/92
ensure compliance with requirements contained in this Article.
Such conditions may, among other matters, limit the size, kind,
or character of the proposed work, require the construction of
other structures, require replacement of vegetation and wetland
function and value, establish required monitoring procedures and
maintenance activity, stage the work over time, require the '
alteration of the site design to ensure buffering, require the
provision of a performance security.
Sec. 20 -414. XNSPECTION OF WORE. '
The City may cause inspection of work for which a wetland
alteration permit is issued, at the applicant *s expense, to be
made periodically during the course of such work and shall cause
final inspection to be made following the completion of the work.
Sec. 20 -415. EXPIRATION AND RENEWILL OF PERKIT. ,
(a) Unless otherwise specified by the City Council, the
person issued a wetland alteration permit shall begin and '
complete the development authorized by the permit within one (1)
year after the date the Council approves the permit application.
(b) The permittee shall provide written notice to the City
twenty -four (24) hours prior to the commencement and completion
of the development project. No project shall be deemed to have
been completed until approved by the City after receipt of notice
of completion.
(c) If the permittee fails to commence work on the
development within the time specified in this section, the permit
shall be void. The Council may renew a void permit at its
discretion. If the Council does not renew the permit, the holder
of the void permit may make original application for a new
permit.
(d) The permittee may make written application to the
Council for an extension of the time to commence work, but only
if the permittee submits the application prior to the date
already established to commence work. The application of an
extension shall state the reasons the permittee requires an
extension.
Sec. 20 -416. EYEXPTIONS.
Activities exempted by Minnesota Statutes 103G.2241 from
State Wetlands Protection shall be exempted from the provisions
of this Article. However, certificates of exemption must be
obtained from the City and filed with the County Recorder prior
to starting work. The statutory exemptions include, but are not
limited to:
u
(1) Activities necessary to repair and maintain existing
public or private drainage systems as long as wetlands '
263
o
12
W/30/92 I
that have been in existence for more than twenty (20)
years are not drained.
(2)
Activities authorized under, and conducted in
accordance with, an applicable general permit issued by
the United States Army Corps of Engineers under Section
404 of the Federal Clean Water Act, United States Code,
Title 33, Section 1344, except that nationwide permit
'
in Code of Federal Regulations, Title 33, Section
330.5, paragraph (a), clause (14), limited to when a
new road crosses a wetland, and all of clause (26).
'
(3)
Placement, maintenance, repair, enhancement, or
replacement of utility or utility -type service,
including the transmission, distribution, or
furnishing, at wholesale or retail, of natural or
manufactured gas, electricity, telephone, or radio
service or communications if:
- the impacts the the
of proposed project on
hydrologic and biological characteristics of the
wetland have been avoided and minimized to the
extent possible; and
- the proposed project significantly modifies or
'
alters less than one -half acre of wetland.
(4)
Activities associated with routine maintenance of
utility and pipeline rights -of -way, provided the
activities do not result in additional intrusion into
the wetland.
(5)
Alteration of a wetland associated with the operation,
maintenance, or repair of an interstate pipeline.
(6)
Activities associated with routine maintenance of
existing public highways, roads, streets, and bridges,
provided the activities do not result in additional
intrusion into the wetland and do not result in the
draining or filling, wholly
or partially, of a wetland.
(7)
Emergency repair and normal maintenance and repair of
existing public works, provided the activity does not
result in additional intrusion of the public works into
the wetland and do not result in the draining or
'
filling, wholly or partially, of a wetland.
(8)
Normal maintenance and minor repair of structures
t
causing no additional intrusion of an existing
structure into the wetland, and maintenance and repair
of private crossings that do not result in the draining
or filling, wholly or partially, of a wetland.
(9)
Development projects and ditch improvement projects in
the state that have received preliminary or final plat
263
13 r11/30/92
section 2 . Section 20 -1 of the Chanhassen City Code is '
amended by deleting the following definitions:
Class A Wetlands means wetland types 3 4, 5, 6 7, and S.
In case of wetlands adjoining a public waters designated as
lake or pond this class shall also include type 2 wetlands.
Type 2 wetlands shall also be deemed a Class A wetland when '
adjoining a stream designated as public waters to the extent
that it encroaches upon the 100 -year floodplain of the
stream. '
Class B wetlands means type 2 wetlands not adjoining a
public waters designated as lake or pond nor within the
100 -year floodplain of a stream designed as public waters.
Wetland Ty2es means classifications of wetlands as defined
in U.S. Department of Interior, Fish and Wildlife Service,
Circular 39, "Wetlands of the U.S. 1956 ".
263
14 r11/30/92
approval, or infrastructure that has been installed, or
having local site plan approval, conditional use
permits, or similar official approval by the City or
other approving governmental body or agency after
August 1, 1987.'
,
Sec. 20 -4179 VARIANCES.
Variances from the requirements of this Article may be
granted in accordance with the variance provisions of this
'
Chapter as regulated by Article II, Division III of this Code.
Sec. 20 -418. ENPORCEKZbTT pROCEDIIRES.
I
(a) Violation of Article VI, Wetland Protection, or of the
terms of a permit issued thereunder shall be a misdemeanor
'
punishable by ninety (90) days in jail and a seven hundred dollar
($700.00) fine.
(b) Any person who alters a wetland in violation of Article
VI, shall apply for a wetland alteration permit and shall pay a
filing fee double the regular fee. The City Council may require
the violator to restore the wetland or take other mitigative
'
measures.
(c) Wetland reviews conducted by the City shall be
coordinated with State of- Minnesota Wetland Protection Statutes
,
and rules.
(d) Notice of requested wetland alteration permits shall be
mailed to all property owners located within 500 feet of the
requested activity. Notification requirements established by
State of Minnesota Wetland Protection Statutes and official rules
shall be coordinated with City approvals.
section 2 . Section 20 -1 of the Chanhassen City Code is '
amended by deleting the following definitions:
Class A Wetlands means wetland types 3 4, 5, 6 7, and S.
In case of wetlands adjoining a public waters designated as
lake or pond this class shall also include type 2 wetlands.
Type 2 wetlands shall also be deemed a Class A wetland when '
adjoining a stream designated as public waters to the extent
that it encroaches upon the 100 -year floodplain of the
stream. '
Class B wetlands means type 2 wetlands not adjoining a
public waters designated as lake or pond nor within the
100 -year floodplain of a stream designed as public waters.
Wetland Ty2es means classifications of wetlands as defined
in U.S. Department of Interior, Fish and Wildlife Service,
Circular 39, "Wetlands of the U.S. 1956 ".
263
14 r11/30/92
Wetland Watershed means that area of land from which water
drains into a Class A or Class B wetland.
Wetlands means lands transitional between terrestrial and
aquatic systems where the water table is usually at or near
the surface or the land is covered by shallow water. For
purposes of this definition, wetlands must have the
following three attributes:
(1) have a predominance of hydric soils;
(2) are inundated or saturated by surface or ground water
at a frequency and duration sufficient to support a
prevalence of hydrophytic vegetation typically adapted
for life in saturated soil conditions; and
(3) under normal circumstances support a prevalence of such
vegetation.
263 15 r11/30/92
Section 3 . Section 20 -1 of the Chanhassen City Code is
amended by adding the following definitions:
Buffer Striu means an area of nondisturbed ground cover
abutting a wetland left undisturbed to filter sediment,
materials, and chemicals.
'
Habitat Evaluation Procedures (HEP) is a species - habitat
data management system for impact assessment developed by
the U.S. Fish and Wildlife Service. Its purpose is to
document predicted impacts to fish and wildlife from
proposed land and water resource development projects.
Habitat quality for selected key species is described by an
index, the Habitat Suitability Index (HSI).
Habitat Suitability Index (HSI) is a fish or wildlife
species- specific index value rating the ability of key
habitat components to supply essential life requirements for
the species. Index value ranges between 0 to 1.0.
Habitat Units (HU1 Habitat Suitability Index (HSI)
multiplied by the area of habitat being evaluated. HU's are
used for comparing habitat quality from one wetland to the
next or for measuring the effectiveness of mitigation. Hu's
'
integrate both quality and quantity of habitat.
Principal Structure The main building as distinguished
from an accessory building or structure.
Vegetation, Native -Native vegetation is the pre - settlement
group of plant species native to the North American
continent which were not introduced as a result of European
settlement.
Wetlands means lands transitional between terrestrial and
aquatic systems where the water table is usually at or near
the surface or the land is covered by shallow water. For
purposes of this definition, wetlands must have the
following three attributes:
(1) have a predominance of hydric soils;
(2) are inundated or saturated by surface or ground water
at a frequency and duration sufficient to support a
prevalence of hydrophytic vegetation typically adapted
for life in saturated soil conditions; and
(3) under normal circumstances support a prevalence of such
vegetation.
263 15 r11/30/92
Wetlands. Natural Natural wetlands are still in their ,
natural state and typically show little sign of impact from
surrounding land usage. The vegetative community of these
wetlands are characterized by a diversity of plant species '
with mixed dominance of species. Other key factors include:
presence of natural indicator species, good wildlife
habitat, and being aesthetically pleasing.
Wetlands. Pristine Wetlands that exist in a natural state '
and have special and unusual qualities worth protecting at a
high level are called Pristine. These qualities include:
outstanding vegetation community, native species population,
rare or unusual species present, and habitat for rare
wildlife species.
section 4 . This ordinance shall be effective immediately
upon its passage and publication.
PASSED AND ADOPTED by the Chanhassen City Council this 14th
day of December , 1992.
ATTEST:
Don Ashworth, Clerk /Manager Donald J. 2 plffr , Mayor
(Published in the Chanhassen Villager on December 24 , 1992.)
263 16 r! M/92
(4) wetlands does not include types 3, 4, and 5 wetlands,
as defined in United States Fish and Wildlife Service
Circular No. 39 (1971 edition), not included within the
definition of public waters, that are 2 -1/2 or more
acres in size.
Utilized Utilized water bodies created for the specific
purpose of surface water runoff retention and /or water
quality improvements. These water bodies are not to be
classified as wetlands even if they take on wetland
'
characteristics. Wetland alteration permits shall not be
required to undertake work on these water bodies.
Wetlands. Ag /Urban Wetlands that have been influenced by
agricultural or urban (residential, commercial, or
industrial) land usage are called Ag /Urban. Influences
include: over nutrification, soil erosion and
,
sedimentation, and water quality degradation. As a result of
these influences there is a loss of plant species diversity,
overcrowding and domination by invasive species such as reed
canary grass, and reduction in wildlife habitat.
Wetlands. Natural Natural wetlands are still in their ,
natural state and typically show little sign of impact from
surrounding land usage. The vegetative community of these
wetlands are characterized by a diversity of plant species '
with mixed dominance of species. Other key factors include:
presence of natural indicator species, good wildlife
habitat, and being aesthetically pleasing.
Wetlands. Pristine Wetlands that exist in a natural state '
and have special and unusual qualities worth protecting at a
high level are called Pristine. These qualities include:
outstanding vegetation community, native species population,
rare or unusual species present, and habitat for rare
wildlife species.
section 4 . This ordinance shall be effective immediately
upon its passage and publication.
PASSED AND ADOPTED by the Chanhassen City Council this 14th
day of December , 1992.
ATTEST:
Don Ashworth, Clerk /Manager Donald J. 2 plffr , Mayor
(Published in the Chanhassen Villager on December 24 , 1992.)
263 16 r! M/92
� I
1
t
Planning Commission Meeting - March 2, 1994
Harberts: I'll move approval that the Planning Commission recommends to the City Council
approval of resolution that is attached to the staff report finding Modification No. 13 to the
Redevelopment and Tax Increment Financing Plans consistent with the city's comprehensive
plan.
Scott: Is there a second?
Mancino: Second.
Harberts moved, Mancino seconded that the Planning Commission approve the
resolution that is attached to the staff report (Attachment #3) finding Modification No.
13 to the Redevelopment and Tax Increment Financing Plans consistent with the city's
comprehensive plan. All voted in favor and the motion carried unanimously.
PUBLIC HEARING:
AMENDMENT TO THE CITY CODE TO BRING THE WETLAND ORDINANCE
INTO COMPLIANCE WITH THE WETLAND CONSERVATION ACT.
Kate Aanenson presented the staff report on this item.
Mancino: But it doesn't really say that. It says greater than or equal to 1:1 but not
exceeding 2:1.
Aanenson: Well this is out of the ... ordinance of the State law and so that's what the State
law language has to read.
Mancino: So that means 2:1.
Aanenson: But in layman's terms.
Scott: No.
Mancino: But that doesn't mean 2 :1. It means between 1:1 and 2:1.
Scott: That means 1.1 to 1 or something. That's not double mitigation.
Ledvina: But not exceeding 2:1.
Mancino: I have gotten the impression that, and I hadn't read anything that it was 2:1 now
I1t
Planning Commission Meeting - March 2, 1994
but it isn't.
Scott: Is there any reason why we can't be, why we can't say that this means mitigation of
2:1 will be required? I mean I think it's pretty silly to have this kind of language in there if
it means you do 1.01 to 1 and that's it. That ain't 2:1. If we're serious about it, we should
change that.
Ledvina: But we don't necessarily want to limit them to 2:1 as a maximum. They could do
5:1. What's wrong with that?
Harberts: So you're saying a minim of 2:1?
Scott: No.
Ledvina: Or I mean a maximum.
Mancino: Yeah, maybe it's a minimum of 2:1.
Ledvina: Or not saying that. I agree that in most applications it's a 1:1 mitigation. But what
this says is it's not exceeding 2:1 which means that the maximum.
Aanenson: This is Diane's summary though. What you have to do is read it out of the
ordinance...
Mancino: So Matt you would like to see, not having a maximum of 2:1?
Ledvina: Yeah. Why take the upper ceiling off.
Mancino: And maybe a minimum should be 2:1.
Harberts: Well if you look on page 3 Matt, Section 7. It says mitigation will be performed
at a ratio required by State law.
Aanenson: Right, there you go.
Harberts: Does that take care of it?
Scott: But what's the State law? Is the State law what we see there? That's not 2:1.
Aanenson: We're getting hung up on Diane's summary comments. I think what we need to
110
t
Planning Commission Meeting - March 2, 1994
do is leave her comments ... I think what Diane's saying is that's kind of how the lay people
are interpreting right now 2:1 but the State, what it says in the ordinance that we're adopting,
that Diane pointed out, is mitigation shall be as followed by State law. Go by Roger's.
Mancino: Can you be more aggressive than State law?
Harberts: I think you'd have to have some very strong rationale. Otherwise you're going to
be exactly consistently defending it.
Aanenson: There's a criteria that it has to be placed on site...
Ledvina: And we are reducing the setback from 150 to 75 feet.
Aanenson: Correct.
Ledvina: For septic.
' Aanenson: Right. Yeah, because it wasn't consistent with the house setback and you
allowed the house to go 75 feet. But then we said for the septic they had to be 150 so for
some reason, when we looked at, that was originally in the wetland ordinance and when we
rewrote it, of course we just left it in without thinking about what it came up to down the
line...
' Ledvina: Okay.
Scott: Well, are we ready for a motion?
Mancino: I move that we accept, that we approve, that we adopt the proposed amendment to
the Wetland Protection Ordinance.
Harberts: Second.
' Mancino moved, Harberts seconded that the Planning Commission recommend to adopt
the proposed amendments to the Wetland Protection Ordinance. All voted in favor and
the motion carried unanimously.
' Scott: Now can I congratulate you on your appointment? I'd like to, on behalf of the
Planning Commission congratulate Kate Aanenson as being appointed our new Planning
' Director and since Paul is not yet cold in his grave, I didn't want to do this at the beginning
of the meeting. But anyway, and I'm pretty excited too about Paul's. I had a chance to talk
111
Planning Commission Meeting - March 2, 1994
to the Human Resources person from Aurora I think it's called, and I did my best to dissuade
her from hiring him but obviously others had gotten there before.
Ledvina: Aurora, is that?
Aanenson: Auburn.
Scott: Auburn. It's a town of about 35,000, near Seattle and Paul's got family out there and I
guess his parents are going to relocate to that area. But anyway, are there any Administrative
things that we need to, because I know everybody would like to get out of here.
Aanenson: I just wanted to touch on, you were at the meeting Joe. On Monday night the
City Council, you'll see Spinnaker's Wharf back. They tabled it. They wanted to see... What
they decided on that is they felt it should go the traditional subdivision. Either coming in
with the PUD with the 11,000 square foot minimum... which is already in place, or doing just
a standard subdivision.
Scott: And the direction was quite clear from the, they got kind of tied up in some ancillary
stuff but I just made a quick comment and just said the reason why we sent it up is not that
we didn't know what to do with it. We wanted some direction from them. Did they want to
see 5,000 square foot minimum lots or 11,000? And we wanted direction if they wanted to
change the ordinance. But they didn't and that's why it's back.
Farmakes: By the way, this is the Boyer development. I was at the open houses here which
are the ones that they had in Minnetonka. It's a $400,000.00 house. On 5,000 square feet.
Harberts: And were they selling?
Farmakes: Only one was left.
Scott: There's a market for it.
Aanenson: And the other one was the Harstad one that you saw on Minnewashta and Kings
Road. They also, the applicant did meet with us a couple days prior to the City Council
meeting and he's leaning toward the direction that we had recommended.
Mancino: Oh the park?
Aanenson: With the park and the lot sizes and the reconfiguration so he asked that it be
tabled instead of denied. You'll be seeing that back.
112
I
t
1
Planning Commission Meeting - March 2, 1994
' Farmakes: Are you going to get to the Minutes?
Scott: Yeah. So this is our Administrative Section here. Anything?
1 Mancino: What are the doing on Highway 5?
Y g g Y
Aanenson: It's going to the City Council on the 28th. They'll be holding a public hearing.
And I don't think at that time they'll, oh. What happens is I have two expiration terms in '94
and one in '95. Diane and Nancy and Joe so I was going to let you draw.
Mancino: No we have them. They're up on our thing. I have a list.
Scott: Really, what's mine?
Mancino: We've got our expiration dates.
Aanenson: Oh you do? Could you let us know.
Mancino: Yes.
APPROVAL OF MINUTES: Chairman Scott noted the Minutes of the Planning
Commission meeting dated February 16, 1994 as amended by Jeff Farmakes on page 50, line
i 12. Changing the words "right attractive" to "bright attractant ".
■ Mancino moved, Farmakes seconded to adjourn the meeting. All voted in favor and the
motion carried. The meeting was adjourned at 1:05 a.m.
Submitted by Paul Krauss
Planning Director
' Prepared by Nann Opheim
L
' 113