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1o Wetland Alteration Permit Saddlebrook Subdivision 1 C I TY 0 F PC DATE: 6/2/93 ) 0 \ \, C H A 1 H A S S E N CC DATE: 6/14/93 ji! 1 .....> . • - CASE #: 93 -3 WAP By: Aanenson:v 1 1 STAFF REPORT 1 PROPOSAL: Wetland Alteration Permit for the construction of additional roadway adjacent to 1 F. a Natural Wetland Z LOCATION: 1000 feet north of West 78th Street, south of Saddlebrook Subdivision, on the east I Q V side of Powers Boulevard. 1 APPLICANT: City of Chanhassen a. I 1 1 PRESENT ZONING: R12, High Density Residential Actin by C /� atonal Y bylk I ACREAGE: 2.25 acres Modified. Rejected . p 63` /G".. y DENSITY: pate submitted to Comm-A.10 1 ADJACENT ZONING AND I bete S‘ to Cow LAND USE: N - RSF; Residential Single Family C� , , is 1 Q S- BG; General Business E - R12; High Density Residential W -R12; High Density Residential I a WATER AND SEWER: Not applicable I w PHYSICAL CHARACTER.: The site is adjacent to Powers Boulevard and between the MIMI Saddlebrook and the "Oaks Development." 1 2000 LAND USE PLAN: Not applicable 1 1 ir 1 1 Powers Boulevard WAP June 2, 1993 Page 2 I PROPOSAL /SUMMARY In conjunction with the City's West 78th Street Detachment Improvement Project No. 92 -3, Powers Boulevard (County Road 17) is proposed to be upgraded to urban standards which I includes street widening. Powers Boulevard will be widened from West 78th Street north to the Saddlebrook Subdivision. The project will also include the bike trail along the eastern side of Powers Boulevard from West 78th and then tieing back into Saddlebrook Development. The I Powers Boulevard road improvements will involve filling along the east side of Powers Boulevard adjacent to and into a small portion of the wetlands approximately 0.02 acres (see Attachment #1). Mitigation measures are proposed further to the north along the same side of I the wetland. No tree loss is proposed with this application. ANALYSIS 1 Back in December, 1992, the Oak Ponds /Oak Hill development located east of the wetland between Powers and Kerber Boulevards received a wetland alteration permit for I development/enhancement of the two existing storm water retention ponds created with the development of the Saddlebrook development. This wetland alteration permit also discussed enhancing the natural wetland located downstream (west) of the two ponds. However, at that I time the specific improvements, other than raising the water level, were not discussed. Since then the City's wetland consultant, Frank Svoboda & Associates, has field - verified the edge of the natural wetland adjacent to Powers Boulevard. The surveyors from the Oaks development 1 have surveyed the wetlands and prepared a drawing showing the edge of wetlands and adjacent trees (see Attachment #1). 1 Bonestroo & Associates has updated their storm water and water quality review for the proposed "Oaks" development based on this new information on the natural wetland delineation. The plan previously proposed on raising the normal water level (NWL) to 943 in the natural wetland with I an outlet control structure on the culvert which flows underneath Powers Boulevard. Due to the impact on the existing oak trees, the water level has been revised to NWL 938 and 100 -year I flood level of 943.0. These modifications will create a diversity in the wetland by creating standing water over approximately the southerly IA of the wetland and the balance will remain as it is today. A sediment basin is still being constructed with the "Oaks" development to I pretreat storm runoff prior to discharging into the wetland. This wetland is not under the jurisdiction of the DNR. Because the area of fill is under 0.50 1 acres, the wetland falls under the nationwide permit issued by the Army Corps of Engineers. The area of fill is adjacent to and includes a small portion of the wetland, approximately 0.02 I acres The wetland contour edge varies from 939.0 to 940.0 elevation. The filling will occur within the 937 to the 940 elevation. Mitigation measures are proposed further to the north along 1 1 Powers Boulevard WAP 1 June 2, 1993 Page 3 the same side of the wetland. Replacement should occur at the same time as the filling of the wetland. No tree loss is proposed with this application. ' PLANNING COMMISSION UPDATE On May 19, 1993, the Planning Commission held a pubic hearing for this wetland alteration , permit. The Planning Commission voted unanimously to approve the permit but added two conditions. RECOMMENDATION Staff recommends the City Council approve Wetland Alteration Permit #93 -3 with the following 1 conditions: 1. Type III erosion control be in place around the construction boundaries of the wetland. 2. Wetland replacement shall occur concurrently with the filling of the wetland. 1 3. All activity shall be conducted according to the City of Chanhassen Best Management Practices Handbook. 1 4. Construction shall be in compliance with Attachment #1 of the staff report. ATTACHMENTS 1. Map of Wetland fill and mitigation. ' 2. Wetland Inventory. 3. Planning Commission Minutes dated June 2, 1993. 1 • L • i il 1 / / / / / At1cch men 1 1 124, / / 1 ix 4' o-1KS Flpid lasted Mttlend I ECKANKAR i 1 1 fd� �+ Larked ar otnerd, I 1 et OAK 1 / 1 1 j / I 1 / I -' `` ; ; '�. 1 REPLACEMENT AREA . v = : ,, Cot " I/ 1 1 / / „:, .. 1 //if , 1 .; ` / 1 ; i 1 1 11 ‘. !1 40.` 11)kt I i i I , , Allik - AIL Il j 1 � 1 1 / II I / // 1 . 111-11 / / / FILL AREA kitio // � / / / ►I II , / 1, II II I I / I/ ' � 1 ..s l '♦ 1 I I �� �� ��f1. / l e T. I I 1 ~ � m i __� 4V ` '40; s I i 0 \ , Oik; . : .- 'P,'s 0 fit 2 'L.. kp ( -- r -- --,==_, . :.1 /on I. se S ANTA YERA(PROPOSED) 1 1 1 1 OAK HILL /OAK PONDS 1 1 ATTACHMENT 1 1 , 2 1 City of Chanhassen i Wetland Observation Records Wetland No.: 3 (Field Review): A( 1 — f EC () (Official Map) 1 Location 1►k, Al. T; 23vs/ R; 11 Section On USGS NWI: ✓ Y N 1 Observer Initials: Date Visited: 5 _ /, / qZ Picture Number(s)/Roll #: Z2- 23/EK2 Picture Nos.: ) - Z. (Se0, 41:.z -tr 41) 1 Classification 1 Wetland Type: P ad\ r, (Cowardin); 7_ (Circular 39) Wetland Location: 1 Lakeside Streamside Headwaters ✓ Isolated (upland) 1 Edge of Wetland Contour qt, n CD City Class: 1 (P)ristine ; (N)atural ✓ ; (A)g/Urban ; (U)tilized 1 Watershed Characteristics Wetland Size: acres Direct drainage area: acres 1 Total drainage area acres Open water area acres Vegetation Dominant Plant Species: I 1 Reed canary grass L S Cattail 1 5 WI'lltr, > Me 5 6 -u.A.o o., 5 17tAr t; -d. I / ww d id 0, - (Lai- ,4 ---f. Purple Loosestrife: (D)ominant; (A)bundant; (S)ome; (I)ndividuals; ©one Plant Diversity: No. Species Dominant 0 2; 3 -5; 7 I Percent open water: 5%, 1 1 Land Use Influences 1 Surrounding Land Use (Percent): I o °i Residen • -OM, D, Rur. Commercial/Industrial Agricultural Open Water 35% Wooded Institutional (5 ° /n Vacant Field 4- W pi (describe below) I Hydrology 1 Water Source: Natural; ✓ Stormwater, Unknown w- �� Inflow: Stream; Ditch; Stormsewer, Surface 1 Outflow: Natural; Ditch; t/ Culvert; None Sedimentation/Siltation: Y ✓ N 1 Flooded - dead or dying trees: Y I/ N Drains to mss( -t-,,, AP irt— -l-n A (f -- I s (1) ; (Direction; Wetland No.) 1 - (C)ontinuouslye asonally; (I)ntermittently; (R)arely ,.., - Soil Classification t I Soil Type Abby.: Soil Name: I Other Wildlife Observations: fej( (i), t . General Notes/Comments: ► vo,,, dc,.,) ',5 4a -Q.. 1 Yjl f� r KU r cl b'+. ( A? J ! A , /,� A N C , -Q-F t,_. 1 IA I Q.S Vi, o I (A_-PI k.■ a r n r I ji U Section No. t► Wetland Sketch; Photo Locations 1 1 4 N \ t 5 8 t,40:03/ `1 1 al - W __ _- i fill - W f ' ' 1 9 12 13 '16 Lif u 12" PO c ! 1 _I, t e.,,,, ` ' - _ Not to Scale 1 Planning Commission Meeting June 2, 1993 - Page 1 1 PUBLIC HEARING: WETLAND ALTERATION PERMIT REQUESTED BY THE CITY OF CHANHASSEN TO 1 ACCOMMODATE IMPROVEMENTS TO POWERS BOULEVARD. Kate Aanenson presented the staff report on this item. 1 Batzli: 5o you're mitigating /no net lossing by the shaded in replacement area? Aanenson: Correct. Batzli: Okay. And are you doing all of this work in accordance with the 1 newly adopted Best Management Practices dealy bob. Aanenson: Yes. Mr. Hempel assures us that we are. 1 Batzli: That's not a condition here. We normally require that of all of our applicants. Aanenson: Thank you. That should go in there. And I also failed to mention that, because it's less than a half acre, there's no, it would be covered under the nationwide permit. Of the Army Corps. But we should pi' that conditions in there that we follow the City's Best Management Practices. Batzli: Yeah. Dave, did you have anything to add? We made you wait here"' the whole night. I figured you wanted to say something. Hempel: Sure. Mr. Chairman, just to piggyback on Kate's comments here. The fill of this area is necessary due to the road widening. It's actuall a "transition zone from a 4 lane road back into the 2 lane rural road that's on Powers Boulevard. The fill slopes out there are very steep. 2:1 slop which are difficult to maintain. That's why the necessity of filling thi portion of the ditch of the wetland. Batzli: Okay. Is there anyone else that would like to address the Commission? Scott: Any attorneys? ' Jim Dvorak: I guess I only have two things to say. As Kate said, my name is Jim Dvorak from Strgar- Roscoe - Fausch, consulting engineers for the City" We do a lot of work with roadways and wetlands and we're very sensitive toll wetland impacts. Wetland fills. We do environmental assessment worksheets. We do environmental impact statements_ We're well versed in , the rules and regulations of the agencies that govern this type of work. I guess the only thing I can tell you is that we have made every effort to minimize the impacts to this wetland. As Dave said, there's a 2:1 slope out there. We're continuing with that 2:1 slope. That's as steep a slope, as we would recommend so there's, the only thing that you can do to avoid filling the wetland is to steepen the slope up beyond the 2:1. That is something we would not recommend. Or build an expensive retaining wall. In this case, based on the minimal impact, we feel that fill out into the 11 wetland and then replace it with mitigation area is appropriate. I guess 1 1 • Planning Commission Meeting June 2, 1993 - Page 2 the only other thing I want to add is there's no dock or anything associated with this fill. No boats. No docks. No parking. Conrad: Where were you in 1981? Mancino: When you create a new wetland, when you mitigate a wetland, do you take the existing, some of the existing vegetation from the old and put it in the new so that you can have the same ecosystem? ' Jim Dvorak: When we construct a new basin, we typically like to, as you say, over excavate the inplace soils and then haul in the muck. What you want is that seed bank that's in that organic muck soil. So that you get something growing right away. That's fairly important to the success of establishing it as a wetland. In this case, it's not a real kind of a canary grass type of wetland. It's not a cattail or something like that in this area. So I don't see that as a problem but we will be cognizant of the fact that we need to get this thing up and growing again as a wetland. ' Hempel: Mr. Chairman, I'd like to also point out that previously back in 1971 I believe a sanitary sewer line was run through this same area that we're looking at mitigating and also filling. So there has been previous impact to this 20 some years ago. Batzli: Did the City get a permit for that? ' Hempel: I don't believe there were such rules back then. Aanenson: I think what we struggled with too is that this is a ditch ' section of that wetland and whether or not it even classified. We went out and had it re- surveyed to even determine whether or not it was part of this wetland because really it functioned as a ditch for a number of years, but it does have wetland characteristic so we went ahead and classified it as part of the wetland. Batzli: This is one of the ones surveyed by the SWMP committee? ' Aanenson: The wetland itself, yes. But this ditch section, yeah. ' Batzli: Is there anyone else that would like to address the Commission? And let the record show, since we don't have it on tape, if you've got a new tape in, that there's no one else in the crowd here. Is there a motion to close the public hearing? Ledvina moved, Mancino seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. Batzli: Jeff. ' Farmakes: I have no further comments...if you could take a look at that sales office that we approved adjacent to this. It's starting to look like a last chance gas station. I think they're not complying or conforming to what their original agreement was. Batzli: Skirts and things like that? 11 1 Planning Commission Meeting June 2, 1993 - Page 3 1 Harberts: Yeah, and a deck. Farmakes: They have 3 or 4 signs sitting up there. A couple of them are empty and I don't know what they've got. Ledvina: Just to expand on that. There is erosion that's taking place oI of the north side of that. It's by- passing the erosion fencing so if we could let the... Looking at the condition, the construction boundaries, the first condition. It says Type III erosion around the construction boundaries and when I look at the map and it should actually says, construction limits and I really can't determine where the heck that goes and I think that refers to the roast. I'd like to clarify condition 1 too To relate to, it's a little bit ambiguous but it's construction boundarie for the wetland, fill area and replacement area. Just to reiterate the need to use that in the replacement area and then that's it. 1 Conrad: Pass. Harberts: Pass. ' Batzli: Do we normally, I mean we normally have a map that we're looking at and we approve it in accordance with map or plans dated whatever. Are' we looking at Attachment #1 here? Aanenson: That really is the best map. Otherwise it's on the -big construction drawings and this is much more detailed as far as. Batzli: Do we have a. Aanenson: This is more accurate than the construction plans really. Batzli: This one that we're looking at is more accurate? 1 Hempel: This one is actually a reduction of another site plan that was prepared by the developer of the Oaks actually went out with the survey crew and topo the edge of the wetland and also the trees that are there ar, provided this drawing for us. Aanenson: As you recall, remember I said originally I though it was a ditch section. There was concern about the trees and that so we actually II resurveyed this specific area so this really is the best detailed map. Batzli: I guess what I would suggest then is whoever makes the motion that' we recommend approval of the permit in accordance with the staff report and attachment included. That's my comment. Ledvina: I would move that the Planning Commission recommend approval of Wetland Alteration Permit #93 -3 with the staff conditions. Modifying condition 1 to read, Type III erosion control shall be place around the construction boundaries for the road and for the wetland alteration and replacement areas. Number 2 to stand as is in the staff report. Add a condition number 3. All activity shall be conducted according to the Cit of Chanhassen Best Management Practices Handbook. And condition number 4. That the construction be conducted in compliance with Attachment #1 of the 1 Planning Commission Meeting June 2, 1993 - Page 4 1 staff report. Batzli: Is there a second? Conrad: Second. ' Ledvina moved, Conrad seconded that the Planning Commission recommend approval of Wetland Alteration Permit #93 -3 with the following conditions: ' 1. Type III erosion control shall be place around the construction boundaries for the road and for the wetland alteration and replacement ' areas. 2. Wetland replacement shall occur concurrently with the filling of the wetland. 3. All activity shall be conducted according to the City of Chanhassen Best Management Practices Handbook. 4. That the construction be conducted in compliance with Attachment #1 of the staff report. All voted in favor and the motion carried unanimously. Batzli: It will probably be on, will this be on the consent agenda the next meeting? Aanenson: If we can get Minutes. ' Hempel: We'd certainly like to get it on for the 14th. Batzli: Thank you very much for coming in Dave and the consultant. 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1