5. Wetland Ordinance AmendmentsFi
CITY OF 'r
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: Kate Aanenson, Planning Director
SUBJ: Amendments to the Wetland Ordinance
DATE: March 23, 1994
Action by City AdminMT>OT
Endors
Modifie —
Rejecte —
��
Date Sub t;ed to Com
tuncil
a �
Background
i 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 ommission U pdate
� A
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 �engMiane \wedands \wcabrdamrnd.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 20-416 of
this article, or authorized by a wetland alteration permit issued by the City, a person may
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II
J
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
1
(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.
r 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
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1
(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. 1
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.
i
10896 3
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I 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 4
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(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.,
i trees,
shrubs, grasses, herbaceous plants) to encourage wildlife
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. ,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 fund. The mitigation performed off -
site shall meet the above requirements.
SECTION 8 . Section 20-413 of the Chanhassen City Code is amended to read:
I 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 4
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and consider recommendations, if any, made by the technical evaluation panel in making
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
(Published in the Chanhassen Villager on
Donald J. Chmiel, Mayor
, 1993).
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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.
' See. 20 -402. PURPOSE.
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
1 quality of wetlands within the community.
263 r11/30/92
1
(4) Requiring measures designed to maintain and improve
water quality in streams and lakes.
(5) Protecting and enhancing the scenic value of wetlands.
(6) Restricting and controlling the harmful effects of land
'
development on wetlands.
(7) Allowing only development that is planned to be
'
compatible with wetland protection and enhancement.
(8) Providing standards for the alteration of wetlands when
alteration is allowed.
(9) Mitigating the impact of development adjacent to
wetlands.
,
(10) Educating and informing the public about the numerous
benefits and features of wetlands and the impacts of
urbanization.
,
(11) Obtaining protective easements over or acquiring fee
title to wetlands as appropriate.
Sec. 20 -403. DELINEATION OF 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
'
maps 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 maps 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 01/30/92
Ll
' 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. INTO 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.
I Sec. 20 -405. STANDARDS.
The following standards apply to all lands within and
abutting a wetland:
' 263
(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
3
OVUM
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Wetlands, Acr /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.
' 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. INTO 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.
I Sec. 20 -405. STANDARDS.
The following standards apply to all lands within and
abutting a wetland:
' 263
(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
3
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Lj
(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. WETLAND BUTYRR STRIPS AND SETBACKS.
(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 Tye
Pristine
Natural
Ag /Urban
Utilized
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'
0'
Buffer Strip
Minimum
Average Width
50'
20'
10'
0'
% of Native
Vegetation in
Buffer Strip
Entire
Entire
Optional
Optional
263 4 X11/30/92
I
1
AG /URBAN WETLAND ILLUSTRATION
S TREET
E WE
WETLAND
�, �/W SETBACK
I HOME 1
FPA*T,ARD� I FMW WETLAND
BUFFER
I I I I io'
0' EAs
OTTLAND BUFFER BTRP
(AIERAGE 10' OEPTN)
I
i -
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
100
75'
75'
0'
The City may approve reduced wetland setbacks as outlined in
subparagraph (a) above.
263 5 r11/30/92
A wetland alteration permit shall not be issued unless the
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 r11/30/92
i
Sec. 20 -407.
WETLAND ALTERATION.
to
i
An
applicant for a wetland alteration permit shall adhere
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;
degree
,
(2)
Minimizing the impact by limiting the or
magnitude of the wetland activity and its
implementation;-
,
(3)
Rectifying the impact by repairing, rehabilitating, or
restoring the affected wetland environment;
(4)
Reducing or eliminating the impact over time by
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.
'
A wetland alteration permit shall not be issued unless the
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 r11/30/92
i
I
if the City determines that there is no reasonable
alternative.
(5) Discharge of storm water runoff in a manner that
impacts the wetland.
Sec. 20 -409. FILLING.
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:
1 263
(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.
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(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. STORK 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.
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(a) Mitigation Intent Where wetland alteration is
approved and mitigation is required, mitigation must ,
result in an improvement to the wetland function and
263 8 01/30/92
1 (2) Pretreatment of inflow waters to improve quality.
(3)
High level of upland /lowland intermingling.
value. Mitigation plans must address water quality,
improvement, and maintenance of pre- existing
hydrological balance and wildlife habitat. The wetland
A ratio of open water to aquatic vegetation
function and value will include improvement of water
quality, maintaining hydrological balance, and
1
provision of wildlife habitat. Mitigation will be
High degree of intermingling of open water and
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
High level of plant species diversity.
to acre replacement, but may be based on replacement of
(7)
habitat units (HU) through the use of habitat
evaluation procedures. when significant improvements in
lowland areas.
the wetland value and function result, acre for acre
(8)
surface area replacement may not be required.
'
(b) Mitigation Standards Mitigation of wetlands for
Meandered wetland edge.
function and value should be restored, created, and
(10)
enhanced to have the following characteristics:
'
deep water.
(1) Relatively stable water levels subject to natural
(11)
fluctuations.
1 (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.
(8)
Undisturbed 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
1
may be used to provide open water and greater
vegetation variability.
'
(c) Mitigation
Techniques
(1)
Mitigation will be performed at a ratio required
by state law.
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(2) The City will use
Procedures (HEP)
to be replaced.
the Habitat Evaluation
to determine Habitat Units (HUs)
(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.
(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 -rite.
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
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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 Long 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 PERMIT.
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 11 rtt/30/92
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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. INSPECTION 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 RENEWAL OF PERMIT. '
(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.
the
(b) The permittee shall provide written notice to 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. EXEMPTIONS.
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:
'
(1) Activities necessary to repair and maintain existing
public or private drainage systems as long as wetlands
263 12 r11/30/92
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
1 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
- the proposed project significantly modifies or
that have been in existence for more than twenty (20)
years are not drained.
(2) Activities authorized under, and conducted in
1
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).
Placement,
(3) 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 of the proposed project on the
hydrologic and biological characteristics of the
wetland have been avoided and minimized to the
extent possible; and
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
1 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
- 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
1
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
1 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
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 -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 III of this Code.
Sec. 20 -418. ZNFORCZXZNT PROCEDURES.
(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.
City Code is
Section 2 . Section 20 -1 of the Chanhassen
amended by deleting the following definitions:
Class A Wetlands means wetland types 3, 4, 5, 6, 7, and 8.
,
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 Tunes 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 01/30/92 I
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Wetland Watershed means that area of land from which water
drains into a Class A or Class B wetland.
Section 3 . Section 20 -1 of the Chanhassen City Code is
amended by adding the following definitions:
Buffer Strip means an area of nondisturbed ground cover
abutting a wetland left undisturbed to filter sediment,
materials, and chemicals.
Habitat Evaluation Procedures MEP) 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 MSI) 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 (HU) 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. 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
(Published in the Chanhassen Villager on December 24 , 1992.)
263 16 X11/30/92
Donald J. , Mayor
(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
(Published in the Chanhassen Villager on December 24 , 1992.)
263 16 X11/30/92
Donald J. , Mayor
I
I Planning Commission Meeting - March 2, 1994
I
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.
I 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
109
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 minimum 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
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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.
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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?
Mancino: What are they doing on Highway 5?
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
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
113
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rc G. Fuch,
Eili,,tt B. fylm <h
Elr:Amh .A Ltm.. -r March 25, 1994
Andr,�o A1c1�,��crll i
CONFIDEI\'TIAL
CHAN TL SSEN CITY COUNCIL
Donald J. Chmiel, Mayor
Mike Mason, Councilmember
Richard Wing, Councilmember
Colleen. Dockendorf, Councilmember
Mark Senn, Councilmember
RE: Amendment to Wetland Alteration Ordinance
Dear Mayor and Councilmembers:
Your agenda for March 28, 1994, includes a proposed amendment to the City's wetland alteration
ordinance. Most of the amendment relates to changes mandated by the State Wetland Conservation Act. One
change, not mandated by state law, would reduce the required setback distance of a septic system from a wetland
from 150 feet to 75 feet. This is the same setback required from a lake. Wetlands don't need more protection
from a septic system than lakes. Staff and the Planning Commission recommend the change.
You may recall that Papke and Gustafson applied for a variance from the 150 foot setback requirement
for a lot on Lake Minnewashta. Enclosed is a copy of your findings. If you approve the proposed amendment
to the wetland ordinance he would not need a variance to build. Staff believes, however, that with all the
problems the lot has it may still be impossible for him to build.
' Also enclosed is a letter from Gustafson's attorney threatening to sue the City if the variance is not
granted. If the proposed amendment is passed, he will of course have no basis for a suit. As I indicated to you
' in my earlier letter on the subject, if we end up in court I would give us no better than a fifty percent (50 %)
cha:.ce of ".nrt:�g. I may be overly optimistic. The case will probably be decided on whet,�:er a judge ; Acludes
it is reasonable for someone to spend $30,000 to hook up to public sewer. My recommendation is to approve the
ordinance amendment so that we don't give a judge a chance to decide it isn't.
'
CA B KNUTSON, SCOTT
& CHS, P.A.
Z
'
_
It'd
REGE '
RNK:srn
ger N. Knutson
Enclosures
$ 199!
'
cc: Don Ashworth
��..
Suite 317 •
Eagandale Office Center 1380 Corporate Center Curve
Eagan, MN 55121
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
In Re:
FINDINGS OF FACT
Application of Jeff Papke, AND DECISION
et al. for a Setback Variance
for a Septic System.
Jeff Papke, Clifford Gustafson and Carol Gustafson (collec-
tively "the Applicant ") have applied for a variance from § 20 -9:05
of the Chanhassen City Code that requires septic systems to be
set back at least 150 feet from the ordinary high water mark of a
wetland. The Applicant proposes a 75 foot setback. On November
22, 1993 and December 13, 1993, the Chanhassen Board of Adjust-
ment and Appeals conducted a public hearing on the variance
request. At the conclusion of the hearing, for the reasons
stated in the Minutes of the Proceeding, the Board recommended
that the variance be denied. By letter dated January 5, 1994,
the Applicant appealed the Board's decision to the City Council.
The City Council now makes the following:
FINDINGS OF FACT
1. The property is zoned RR, Rural Residential.
2. The property is a 2.5 acre peninsula on Lake Minne-
washta.
3. The property is within the Municipal Urban Service Area
(M.U.S.A.) and could be served by public sewer.
4. The soil type on the property is "sandy lake beaches ".
This soil type provides a severe limitation on the use of any
septic system. This type of soil has the lowest suitability
Y YP Y
rating for sewage treatment.
5. Section 20 -56 of the City's Zoning Ordinance provides
that a variance may be granted only if certain specified criteria
are satisfied. The criteria and our findings regarding them are:
(1) That the literal enforcement of this chapter would
cause undue hardship. "Undue hardship means the
' property cannot be put to reasonable use because of
its size, physical surroundings, shape or topogra-
phy. Reasonable use includes a use made by a ma-
' jority of comparable property within five hundred
(500) feet of it. The intent of this provision is
not to allow a proliferation of variances, uut t.O
recognize that in developed neighborhoods pre -ex-
isting standards exist. Variances that blend with
these pre- existing standards without departing
downward from them meet this criteria.
' Because the property can be developed without a
variance by connecting to public sewer, the denial
' of a variance will not cause undue hardship.
(2) That the conditions upon which a petition for a
variance is based are not applicable, generally, to
other property within the same zoning classifica-
tion.
There is nothing unique about the property that
justifies a variance.
(3) That the purpose of the variation is not based upon
a desire to increase the value or income potential
of the parcel of land.
The only purpose of the variance is to avoid the
added cost of connecting to public sewer.
(4) That the alleged difficulty or hardship is not a
self- created hardship.
The Applicant did not create the conditions upon
which the variance application is based.
(5) That the granting of the variance will not be det-
rimental to the public welfare or injurious to
other land or improvements in the neighborhood in
which the parcel of land is located.
-2-
The purpose of the setback requirement is to pre-
vent pollution going into wetlands and ultimately
into lakes and rivers. A properly functioning
septic system may not cause pollution, but septic
systems do fail, thereby causing pollution. Be-
cause of the very poor soil at the location, fail-
ure is much more likely than would otherwise be the
case. Failure of the septic system at the location
could have severe consequences because of the prox-
imity of Lake Minnewashta.
6. The following records and reports are incorporated
herein by their reference:
• City of Chanhassen Wetland Observation Record
• Carver County Soil Survey
• Board of Adjustments and Appeals' Minutes for
November 22, 1993 and December 13, 1993
DECISION
Based upon the above findings, the variance from §20 -405 of
the Chanhassen City Code is denied.
Dated:
1994.
CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
ATTEST:
City Clerk
-3-
'
MELCHERT, HUBERT, SJODIN & ! ILLEMSSEN
A MaOMOT
A'[TORNEYti AT LAW
RACE MELONiRt
DAVO F. NueiRT
112 SECOND S'fRBfi'I R'ES'T'
96frH L "=W .
1Mi+ A. WLLEW
P.O. BOX 67
CHAS" MINNUOTA 65319
L LAWREN01 HApRiE
TWOTWY J. LOOSY
TELE"WE 01) ""'1
FAOPIMU (f1tJ W
1p;km Y W. IMMEn
j. yoOlL MELC4RT
March 10, 194
i
i
Don f shw §rth
City, ;Kan jar
City; of Chanhassen
t 690 ooul�ir Drive
Chaoasta n, Minnesgta 55317
I Dear Mr. Ashworth:
WAOONA OFFCE
u2. /Ili
WATERTOWN OFFICE
U&1401
NORWOOD OFFICE
"7dt70
RECEM ! 1
MAR I ti 19 * /''
C ITY Oi L. „ ., ..........
i
Re: Giese �i S Gustafson Partners
Applibation for Variance
Your fllanning Case No. 93 -9 VAR
i
i
This letter is in response to the City of Chanhas a den the
of the :above - requested variance from :Section 20-
Chanhassen City Code.
This letter is also a request that the City of Chanhassen
recbtlsider the Resolution wherein said denial was made and grant
the'.requested varianoel or, in the a ternative, purchase the
pro 'erty at its fair market value. it would seem that this
req 'ested variance falls .clearly withio the provisions of the
or d nande for the granting of variance . As a result of the
son nqq,'the property cannot be out to r asonable use without the
benefit of a variance. Clearly, an and a hardship exists if no
reasonable use of the property can be alad and inability to use the
p; erty is as a result of government activity•
The property is a lot of record. I i•, therefore, entitled
to R building permit if the reasonable rules and regulations of the
Ci and'State can be met. As regards he variance request, the
+� on variance needed is a variance from the setback from 150f
s
from the .ordinary highwater mark of a wetland to 75 feet. Whet
or not the property can meet all of the other requirements at the
' bu4, din permit stage is immaterial for purposes of discussion on
thto requested variance. The applicant clearly understands that
all. the;tequirements for a building per4ait, access, * to. must be
met bsf a house can be constructed on the subject property.
Whdther;or not those can be met has no >Garinq on the granting or
denial of the requested variance.
The subject property meets all of the requirements under the
Chtrhas'son Zoning Ordinance for the granting of a variances
Don �,Ohwo�rth
March 101'1994
page 2
1. Clearly an undue hardship exists if the varntc
is not granted. The property c4nnot be put to
any reasonable use beoause of its physical
surroundings and topography.
2.
. .. 3.
4.
5.
The hardship was not created byithe applicant.
It was an existing lot of roco d prior to the
Chang
• in zoning to its presentolassificati
The situation is unique to the 50jeau property,
i- that Chanhas =en's staff report of November
22, 1993, states that Chanhasseh was unable to
find another similar situation Lrrounding the
lake.
The purpose of the requested va is not to
increase the value or income pDtential of the
parcel, but is only to build, a home on the
eubjeot property to make reasonable use thereof.
The granting of the variance o early would not
be detrimental to the pub l c welfare or
injurious to other land or imptb emee ntsv because
e
of the provisions attached
requiring the septic system ;to most "city
standards ".
Clearly the subject request mos a il h ui em n un de r
the Chanhassen Ordinance for the gra nti �g of such
Chanhassen staff report dated November 22, 1993.
The Staff Reports indicate that r h s iofied the 75 fc,ot
Natural itoio.6tdei "hds indicated they
y
as y A reading of the minutes of the Board of Adjustment and
th Ci Council meeting where ultimate denial was given,
in cot nq th• major reason fo ting a ptio syst m close il
me are were concerned with put q
a tke. In the reading of the discussio a sur should b• able
t a bs
o
Cotiboilmember Bonn said he thinks the prop rtY
de Aloped but at the right timed the ite..th And qI think this is seer an w i s Availab son in spe king about septic sys
pr tnatu,re." Counoilmember
wh h must b• in oompliano• with statanadnthe st to nappa ently says
th' mound septic systems said,
thkt•e n� problem. The mound systems 'r• going to cork. Do you
have t44t much faith, do you have
o s to u m h enyathe varianoetrequGot@
ant in then67" The Council th
The Council relied mainly on its look o faith in the City and
Ll
A
Don shworth
Marc 10, 1994
page 3
i .
This seems to olsarly
State •tfnderd• regarding septic Council � arlitrary or unreasonable"
make the.deoieion of the C y have rules and
in that the City of chaaharsan, as does he City Or Unanharmon ie
requlatipns regarding septic systems.
not
not :comfortable with those rules and r einr. they do ha them, the
have s and regulations.
Cit must live by its rules and requlat�ons just as do property
owners in Chanhassen. uested
.. I think it is quite plant th of the p roperty because e without
variance. has effectuated a taking It owner is entitled to
tha. XSQ40sted variance, which tt Prop*
and r the Chanhassen Zonnrdi +j i f tha Counoil think sathat the
reaponable use of the prop
It should wait until Bower bes pn when b sewer t does l be ome
it ■ requirement that the property hook
available. I would suspect that the n pis ante from a sanitary i sewers
r•clire : any property within a Cit 00
tofhookonto the municipal s cmes�availa le it s till nti n
would be a
the request until sewer bee
"tdmpor*ry taking" which is compensnbl• ander existing case law.
We would, therefore, request that the Council reconsider its
denial and grant the re varia eht neq iati ns
institute eminent domain proceedings r
direct purchase of the property owner 41 eithe t he
have to consider the
not forthcoming, the prop Y
institution of an inverse condemnation proaeedinq. We would hope
that the latter would not be necessary.
Very t y ours,
' ke He chart
L14ldad
...i i