1f. Zoning regulating Class A & B wetlands � 1
CITYOF -C
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CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1 =; (612) 937-1900 • FAX (612) 937-5739
1 MEMORANDUM
TO: Don Ashworth, City Manager
' FROM: Jo Ann Olsen, Senior Planner
DATE: October 10, 1990
1 SUBJ: Second and Final Reading to Amend Section 20-409, General
Development Regulations - Wetland Ordinance
On October 8, 1990, the City Council approved the first reading of
the zoning ordinance amendment amending Section 20-409, General
' Development Regulations of the Wetland Ordinance. The City Council
recommended approval with a change to (7) clarifying when fill is
permitted. Attached is the final draft prepared by the City
' Attorney.
RECOMMENDATION
1 Staff is recommending the City Council approve the second and final
reading as shown in Attachment #1.
1 ATTACHMENT
1. Ordinance amendment amending Section 20-409.
2 . City Council minutes dated October 8, 1990.
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CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law i-sr2rEIVED
Thomas J. Campbell L 1 1 199G
Roger N. Knutson
Thomas M. Scott (612)456-9539
' Gary G. Fuchs t-i.+NHASSEN Fax (612)456-9542
James R. Walston
Elliott B. Knetsch
' Gregory D. Lewis
Dennis J. Unger October 10, 1990
Mr. Paul Krauss
Chanhassen City Hall
' 690 Coulter Drive, Box 147
Chanhassen, Minnesota 55317
' RE: Wetland Regulations
Dear Paul:
' Enclosed please find draft ordinance amending the City's
zoning ordinance concering wetland regulations.
' Very trul ours,
CAMPBELL, TSON, SCOTT
P.A.
Ph"
Ro• -r N. Knutson
RNK:srn
Enclosure
1 Yankee Square Office III • Suite 202 . 3460 Washington Drive • Eagan, MN 55122
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. ,
AN ORDINANCE AMENDING TITLE 20 OF THE
CHANHASSEN CITY CODE, THE CITY'S ZONING
ORDINANCE, CONCERNING WETLAND REGULATIONS
The City Council of the City of Chanhassen ordains:
Section 1. Section 20-409 of the Chanhassen City Code is
amended by adding subparagraphs 6 and 7 to read as follows:
(6) Dock or walkways shall be elevated six to eight ,
inches above the' ordinary high water mark or six to eight
inches above the ground level, whichever is greater. The
maximum width of docks and walkways is six feet. ,
(7) In a wetland fill may only be used to create an
access for motor vehicles. Private boat launches requiring
fill are prohibited in Class A and B wetlands except on
lakes without a public boat access.
Section 2. This ordinance shall be effective immediately '
upon its passage and publication.
PASSED AND ADOPTED by the Chanhassen City Council this Y ,
Y Y
day of , 1990. ,
ATTEST: '
Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor ,
(Published in the Chanhassen Villager on , 1990. ) '
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10/10/90
City Council Meeting - October 8, 1990
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d. the existing catch basin adjacent to Manhole #21 in Market Boulevard
1 should be relocated into the new curb radius;
e. project approval by the Watershed District is required prior to building
IIpermit issuance; and
f. an erosion control plan acceptable to the City should be submitted prior
to requesting building permits.
II14. Provide final roadway and utility plans for approval. The existing 10"
PVC sanitary sewer shall be placed in an oversized ductile iron casing
I acceptable to the City. Existing watermains to be abandoned shall be
removed. The applicant will submit detailed construction plans and
specifications for approval by the City Engineer and provide as-built mylar
plans upon completion of the construction.
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15. Provide written and graphic sign covenants consistent with the description
in the October 23, 1989 staff report. The covenants will be filed with the
IPlanned Unit Development Agreement .
16. Review (OR REVISE??) the site lighting plan to use the ornamental fixtures
IIeast of the supermark and between the two Market Boulevard curb cuts.
17. All conditions must be completed as a part of the general construction of
the project and shall not be left to tenants, i.e. rear outdoor storage
Iareas, etc. .
18. The bus shelter and concrete curb located on Market Boulevard should be
I changed/moved to another location in order to accommodate future traffic on
Market Boulevard. The developer, at it 's expense, shall acquire and convey
to the City a perpetual easement for a bus shelter along Market Boulevard.
11 The location of the bus shelter shall be determined by the staff of the
Southwest Metro Transit Commission.
19. The developer shall construct and dedicate trails/sidewalks along West 78th
I Street and Market Boulevard in accordance with plans and specificstion
approved by the City Engineer. The trails/sidewalks shall be constructed
when street improvements are constructed.
IIAll voted in favor and the motion carried unanimously.
PROPOSED ZONING ORDINANCE AMENDMENT TO AMEND SECTION 20-409, GENERAL DEVELOPMENT
REGULATIONS OF THE WETLAND ORDINANCE REGULATING ACCESS THROUGH CLASS A AND B
WETLANDS, FIRST READING.
I Paul Krauss: Mr. Mayor, there's been several cases reviewed before you and the
Planning Commission concerning the construction of a filled or an access on fill
through a wetland down to Lotus Lake in particular but it applies to all lakes
I in general. The Planning Commission's recommendation typically has been that
access through a wetland be provided by an elevated boardwalk and that's based
upon the best representations that we've gotten from the DNR and other
II interested agencies. In reviewing these applications however, it was clear that
the ordinance did not specifically state what our goal was or what we were
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City Council Meeting - October 8, 1990
trying to get. That elevated boardwalk had become a Planning Commission policy
to recommend to you and the City's done it frequently but as evidenced by these
recent cases it's not in the ordinance anyplace. Well this ordinance amendment
basically fixes that. It establishes what the City is looking for on those
access points through the wetland. It's a fairly simple amendment. The
Planning Commission reviewed it and recommended it's approval and we are doing
the same to you tonight.
Mayor Chmiel: Okay, I just had one question Paul. On the Planning Commission
action, item number 7 where it reads access on fill material through a wetland.
It just doesn't read right and maybe it's the way I'm looking at it. I came up
with something. Fill material through a wetland access shall only be considered
when the access must be for vehicles. Does that make a little more sense than
what's there or what's there you feel is alright?
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Councilman Johnson: I think there's too many accesses. ,
Paul Krauss: It needs to be capitalized.
Councilman Johnson: There are too many accesses in the sentence. '
Mayor Chmiel: No.
Councilman Johnson: In his sentence. Not your's.
Mayor Chmiel: As you started out with access on fill material. That just
doesn't to me read exactly right in what I'm saying. Fill material through a
wetland access shall only be considered.
Councilman Johnson: How about fill material shall only be used in a wetland
when access must be for vehicles?
Mayor Chmiel: Didn't sound too bad. Say it again. What'd he say? I
Councilman Johnson: Fill material shall only be used in a wetland when access
must be for vehicles. That's close. It was recorded over there. Read that
back to me.
Councilman Workman: Why don't we just replace vehicular with an? An access on
fill material through a wetland shall only be considered when the access must be
for vehicles.
Paul Krauss: How about, is designed specifically for vehicles rather than must
be and then I think we've.
Mayor Chmiel: Designed for vehicles? That's fine. '
Roger Knutson: This is the first reading.
Councilman Workman moved, Councilman Johnson seconded to approve the first
reading of Zoning Ordinance Amendment by amending Section 20-409 as follows:
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City Council Meeting - October 8, 1990
(6) The dock or walkway is elevated 6 to 8 inches above the ordinary high water
mark and 6 to 8 inches above the ground level when above the ordinary high
water mark, and shall be a maximum of 6 feet in width.
(7) An access on fill material through a wetland shall only be considered when
designed for vehicles. Private boat launches on fill material will not be
permitted through a Class A or B wetland if a public boat exists on the
subject lake.
All voted in favor and the motion carried unanimously.
COUNCIL PRESENTATIONS:
Councilman Johnson: This is real short. The Board of Adjustments and Appeals
has items just before the City Council meeting and then they're also put on the
agenda. The ordinance, as I remember it which I didn't grab it and look at it,
allows people 14 days to appeal or 10 working days to appeal the decision of the
' Board of Adjustments and Appeals. If an appeal is made, then it goes to the
City Council. In the past the reason for putting in on the City Council agenda
is more for when an item is rejected and then the applicant who is standing
there immediately appeals it to the City Council that same night. Well the City
Council then does not have the Minutes of the Board of Adjustments and Appeals
or anything on which to base their decision. What I would like to do is not
have the Board of Adjustments and Appeals and the City Council on the same night
' so that when there's going to be a protest, the staff can prepare a report for
the City Council saying what the Board of Adjustments and Appeals actions were
and we have a regular report on which to base our decision as a City Council.
' That seems to be what the Ordinance requires anyway but we established a
procedure before I got on the Council of doing it this other way and it never
made sense to me.
' Paul Krauss: If I could expand on that too. There's often times, I don't know
if you'd call it a hardship but it sort of is, in that the applicant comes to a
Board of Adjustment meeting at 7:00 and we preschedule this thing for City
' Council review. The City Council doesn't review it unless there's an appeal and
I know Councilman Boyt had somewhat of a difference of opinion on that, but the
fact is is that if the Board approves it, it's a done deal unless somebody
' appeals it. If it's not appealed, it doesn't need to be scheduled for the City
Council. However, the way you're doing it, somebody comes for a 7:00 meeting
and they might be until 11:00 at night before that item comes up and then just
' to hear that it's no big deal and nobody cares about it. It would seem that the
best way of doing it might be along what Jay's suggesting is that we not
regularly schedule these things for City Council review. We don't issue the
building permit after a variance is granted. If a variance is granted, we don't
' issue that permit for 10 working days. If in that time we get an appeal from a
resident or from a Council person who asks us to schedule it for a meeting, we
then will not issue that and we'll get it on the next available Council agenda.
Mayor Chmiel: I like that.
Councilwoman Dimler: I agree except how do we find out? We never get the
Minutes from the Board of Adjustments anyway. Now would a Council member know
whether it was approved?
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