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1a. Wetland Permit South of Tanadoone Dr. and West of Dogwood Rd CITY OF • ia- _ PC DATE: 5/16/90 Illt LillANHAtall' CC DATE: 6/11/90 II CASE #: 90-3 WAP I - STAFF REPORT I PROPOSAL: Wetland Alteration Permit for the Creation of a Pond Area in a Class •B Wetland ILOCATION: South of Tanadoona Drive and west of Dogwood Road Z "by cbi IQ APPLICANT: Thomas Kordonowy 6+dursc'd 'L n V3610 So. Hwy. 101 Moairrod IWayzata, MN 55391 Relette __ - Date SubrIrn:sa to t4n0111SO.01 a. -//- 96 Date s:i'.n-;;gQ Ri Nn.tt4 i I _ PRESENT ZONING: RR, Rural Residential IACREAGE: 0.88 acres IDENSITY: N/A ADJACENT ZONING AND I LAND USE: N - RR; Tanadoona Drive S - RR; single family .. E - RR; farmhouse II Q ' W - RR; single family • WATER AND SEWER: Not available IW PHYSICAL CHARACTER. : The site generally slopes to the north and west with the Class B wetland located in the northwest corner. I 2000 LAND USE PLAN: Residential Low Density I T . _plc 0 i -0 1\11 %NO of V Ai 0 0 0 0 PI A § 0) § 2 .§ 8 AS _-.....minalla N N 0, 1111Pw- fig arrIl ilial ;9'7111 lir 11"" _,.. AP7_,.. . .,..... a:,LE lir.ma 1111/,' - ,C1Lkt ila,04:rrt1".14".Iff Ii; imeort . 11_111_11111111W an A 6 irtchiii ii,„0-'4.212f144 . 1111117 41111' - I' illr; , / ...., -I . 01 - )) , ... ,...,...,4\ . \__ , 1 , , .,,,. c - . 7 I( I -lop. 10 ir ' .1. c... 44, 4 4iS H TA III 1 -■_.-1 , D ..,.... 1 . - 4 A--. - ' I _ __________ _ a I . I Poi I MINI . i __,• ;, . „ ,-- ,• ,,., 1, -40,74im - 1 RR , 4---,_,---- .3 NI% 44 ViN 4 '. A .• • 44 - ■ ,‘ , DRIVE 4 Aiiire;ip,\, 7 ,71:T=-1/4 . lkilL \ 0 ----_ , 0 awl „_.0 la ilw Er ( WI* i platy, an , Kordonowy WAP #90-3 June 11, 1990 Page 2 APPLICABLE REGULATIONS , Section 20-421 requires a wetland alteration permit for the creation of a pond within a Class B wetland. ' BACKGROUND The site has 80 acres which were subdivided administratively from I a 100 acre parcel in 1989. The subject site contains one single family residence currently under construction. ANALYSIS The applicant is proposing to create a ponding area within a Class B wetland located on the westerly portion of the site. The ponding area will be approximately 8 ft. deep with a nesting island provided in the northerly portion of the pond. The ponding area is wholly within the Class B wetland limit, with an overflow device being provided on the westerly side to outlet overflow into an existing ditch which enters Lake Minnewashta. The fill area removed from the pond excavation will be located to an area above the Class B wetland directly to the east. The fill area limits are outside of the wetland area and shall be protected by Type III erosion control. ' The Zoning Ordinance allows dredging of a wetland with the issuance of a wetland alteration permit if it is limited as follows: 1. It shall be located as to minimize the impact on vegetation. The predominant vegetation of the existing wetland is reed canary grass and brom grass. The wetland has been altered from its original state by agricultural uses in the past. Currently the reed canary and brom grass is providing little habitat for wildlife. In fact, most of the vegetation lays flat on the ground from snow cover and provides little or no habitat. There will be shallow banks along the west, north and south side which will encourage emergent vegetation as recommended by the Fish and Wildlife Service. 2. It shall not adversely change water flow. ' The wetland does not currently have any open water. Currently, any surface runoff from the site goes directly through the wetland into the existing ditch where it enters , Lake Minnewashta. The applicant is proposing to improve the wetland by providing a combination of a shallow and deep marsh environment. The ponding area will improve retention of storm water runoff and provide sedimentation removal which will improve the water quality of runoff entering Lake Minnewashta. i II Kordonowy WAP #90-3 June 11, 1990 Page 3 water runoff and provide sedimentation removal which will improve the water quality of runoff entering Lake Minnewashta. The direction of water flow will not be changed. ' 3. The size of the dredged area shall be limited to the minimum required for the proposed action. ' The existing wetland is approximately 1.9 acres in size with approximately .9 acres proposed to be altered. The applicant is preserving a portion of the existing wetland along the ' westerly edge. Fish and Wildlife approved the size of the ponding area feeling that the resulting pond greatly increases benefits to wildlife and natural resources over the existing wetland. 4. Disposal of the dredged material is prohibited within the wetland district unless specifically authorized in the wetland alteration permit. The dredged material will be deposited outside of the wetland ' limits and will be separated from the wetland by Type III erosion control until it is revegetated. ' 5. Disposal of any dredged material shall include proper erosion control and nutrient retention measures. The dredged material will be separated from the wetland by ' Type III erosion control and will be revegetated with natural vegetation. 6. Dredging in any wetland area is prohibited during water fowl breeding season or fish spawning season unless it is determined by the City that the wetland is not used for water 11 fowl breeding or fish spawning. Dredging will not take place during water fowl breeding or fish spawning season. The applicant has worked closely with staff and the Fish and Wildlife Service to design the pond to Fish and Wildlife criteria. Staff has visited the site with the applicant and a representative from the Fish and Wildlife Service. The proposed design of the pond meets the Fish and Wildlife criteria as does the construction of the dike with suitable soils from the pond excavation and the installation of a pipe with metal aprons. The proposed ponding will greatly enhance the existing wetland and will provide improved wetland habitat and water retention/quality. The proposed ponding area is also meeting the general conditions for dredging in a City protected wetland. II Kordonowy WAP #90-3 June 11, 1990 Page 4 PLANNING COMMISSION ACTION ' The Planning Commission recommended approval of the wetland alteration permit with staff's recommended conditions and also ' added a third condition which requires the applicant to obtain a grading permit prior to starting work. This will facilitate staff's oversight of the review of work as it is performed. ' RECOMMENDATION Staff feels that the proposed ponding will be an improvement to the existing conditions of the Class B wetland and is recommending that the City Council adopt the following motion: "The City Council approves Wetland Alteration Permit No. 90-3 as shown on plans dated April 16, 1990 with the following conditions: ' 1. The proposed ponding area conforms to the Fish and Wildlife guideline standards for ponds. 2. The applicant provide Type III erosion control along the westerly edge of the fill area between the proposed fill area and the Class B wetland and the fill area be revegetated with natural vegetation within six months of completion of the pond. 3. The applicant shall apply for a grading permit from the Engineering Department. The permit shall be processed administratively." ATTACHMENTS 1. Fish and Wildlife Guideline Standards for Ponds. 2. Application. 3. Wetland Alteration Evaluation Worksheet. 4. Wetland Data Report. 5. Letter from DNR dated April 24, 1990. 6. Section 20-421-3 of the Zoning Ordinance. 7. Site Plan of Pond Grading. 8. Planning Commission minutes dated May 16, 1990. , 1 11 I/ II2. The holding ponds must meet the following six conditions established by the Fish and Wildlife Service: a. The basin will have free form (no even-sided) shape to increase shoreline length and provide isolated areas for ' feeding and resting birds. b. The basin will have shallow embankments with slopes of 10:1 - 20:1 for at least 30% of the shoreline to ' encourage growth of emergent vegetation as refuge and food for wildlife. c. The basin will have uneven, rolling bottom contour for variable water depth to (a) provide foraging areas for species of wildlife feeding in shallow water (0.5 - 3.0 feet) and (b) encourage growth of emergent vegetation in areas of shallow water and thereby increase interspersion of open water with emergent vegetation. ' d. The basin will have a layer of topsoil (muck from an existing wetland being filled) on bottom of basin to pro- vide a suitable substrate for aquatic vegetation. ' e. The basin will have water level control (culverts, riser pipe, etc. ) to minimize disturbances of wildlife using the wetland. f. The basin will have fringe of shrubs on upland surrounding the basin to minimize disturbances of wildlife using the wetland. 1 r I r I I LAND DEVELOPMENT APPLICATION - CITY OF CHANHASSEN 690 Coulter Drive Chanhassen, MN 55317 (612) 937-1900 APPLICANT: Tom Kordonowy MINER: Same , ADDRESS 3610 South Highway 101 ADDRESS Wayzata, MN 55391 Zip Code Zip Code TELEPHONE (Daytime) 473-5435 TELEPHONE I REQUEST: Zoning District Change Planned Unit Development ' Zoning Appeal • Sketch Plan Preliminary Plan Zoning Variance Final Plan Zoning Text Amendment Subdivision ' Land Use Plan Amendment Platting Metes and Bounds Conditional Use Permit Street/Easement Vacation Site Plan Review X Wetlands Permit ' PROJECT NAME Pond Grading PRESENT LAND USE PLAN DESIGNATION Class B Wetland ' REQUESTED LAND ,USE PLAN DESIGNATION Same 1 PRESENT ZONING REQUESTED ZONING ' USES PROPOSED • SIZE OF PROPERTY , LOCATION Tanadona Drive, Chanhassen REASONS FOR THIS REQUEST For construction of a open water wetland basin. Improving the existing wetland for wildlife uses and aesthetic purposes. LEGAL DESCRIPTION (Attach legal if necessary) ' I ' City of Chanhassen Land Development Application Page 2 1 FILING INSTRUCTIONS: ' This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before ' filing this application, you should confer with the City Planner to determine the specific ordinance and procedural requirements applicable to your application. FILING CERTIFICATION: ' The undersigned representative of the applicant hereby certifies that he is familiar with the procedural requirements of all applicable City, Ordinances . C eL/C Signed By 5G6/DECC. _r' /LIA-)So/i T.l.- NL Date 4//679O ^rr .n'' --a = 6N6/' - - The undersigned hereby certifies that the applicant has been II authorized to make this application for the property herein described. ' Signed By .c -" Date - So Fee Owner r Date Application Received Application Fee Paid • _ City Receipt No. * This Application will be considered •by the Planning Commission/ Board of Adjustments and Appeals at their • meeting. • . II II WETLAND ALTERATION PERMIT EVALUATION WORKSHEET I To Be Completed By Applicant and Submitted with Application (Attach additional sheets if necessary) 1. WETLAND DESCRIPTION: Size: 1.93 Ac. I - Class: B Type: II Fresh (wet) Meadow Location: Lakeside ___ Streamside Upland X Watershed District: Minnehaha Creek Area of Open Water: None Drainage Flows To: Lake Minnewashta ' Vegetation Types: Predominant population of Canary Reed Grass Soil Types: Clay ' 2 . DESCRIPTION OF PROPOSED ALTERATION: Excavate for a deep ' water pond. (Refer to attached report for detailed explanations) • i 3 . PURPOSE OF PROPOSED ALTERATION: Improve the exisiting wetland . as a property amenity and as a wildlife habit. • 4 . APPLICABLE WE TLAND ORDINANCE SECTION: jETi .�S v?D -i�3G=-20 —VVa 1 5. A. DISCUSS THE IMPACTS .ON THE PROPOSED DEVELOPMENT IF NO ALTERATION IS MADE: None, there is no development involved with this permit application. • 5 . B. IDENTIFY AND DISCUSS OTHER ALTERNATIVES TO WETLAND ALTERATION: None I II C. IDENTIFY THE ADVANTAGES AND DISADVANTAGES OF THE PROPOSED ALTERATION: Improve wetland as wildlife habitat and a property IIamenity. I . 6 . USING THE WETLAND ORDINANCE STANDARDS AS A GUIDE, DETERMINE WHETHER THERE ARE ANY INCONSISTENCIES BETWEEN THE ORDINANCE AND PROPOSED ALTERATION: No II — II I .II I II • _2_ II • I i HYDROLOGIC AND WETLAND DATA REPORT I I. Existing Wetland Classification ' A. General The existing wetland is designated by the City of Chanhassen as a Class B Wetland. Using Eggers and Reed, "Wetland Plants and Plant Communities of Minnesota and Wisconsin descriptions of wetland types, this wetland community closely fits into a fresh (wet) meadow and low prairie classification. A closer examination of these classifications seems to indicate that prior to agriculature in the area, this wetland may have been a low prairie wetland community dominated by low growing native grasses and forbes associated with the prairie such as by bluestem, prairie dock, New England aster, culvert root, cord-grass, etc. Agricultural land use has since disturbed the natural wetland environment by changing the natural drainage patterns, introducing nutrients and sediments into the wetland, harvesting the wetland for hay, pasturing, and possibly cultivation during dry periods. The overall effect of this disturbance has resulted in a wetland and plant community different from a low prairie. At one time the wetland may have had a natural ' combination of red-top grass and reed canary grass and an abundance of forbes such as giant golden rod, marsh aster, swamp aster, red stem aster, etc. However, agricultural disturbance most benefits reed canary grass which is now the most dormant vegetation in the wetland. Based on this analysis, the present classification that best fits the wetland is an agricultural disturbed frest (wet) meadow with an aggressive and dominant population of reed canary grass. , A comparison to Circular 39, U.S. Fish and Wildlife Service indicates a wetland classification Type 1 seasonally flooded basin or flat wet meadow. II. Existing Wetland Data A. Soil Types: (Refer to hand auger borings) 1. Black silty clay (topsoil) 2. Black gray clay (underlying) B. Aquatic characteristics: None - the wetland does not have an open water surface or a permanent water profile. Surface runoff or a high -1- ' water table during wet periods may temporarily cause a II water depth of 1" to 12" depth - this water will continually drain from the wetland. IC. Vegetation: Predominant population of reed canary grass. ID. Habitat: Some food and cover for small upland animal and bird Ispecies. III. Existing Hydrologic Data IA. General: The wetland vegetation is supported by an exposed high I ground water table and by surface runoff. The primary source of water is from ground water. Surface runoff naturally outlets via a ditch located on the southwest I corner of the wetland. The existing wetland does not "hold" or "detain" surface runoff IIB. Present active ground water elevation: 950.8. C. Potential high water elevation: 952.8 to 953.5. ID. Ponding and Drainage: The surface runoff to the wetland flows-through the basin IIwith minimal ponding or detention. IV. Proposed Wetland Alterations IA. Objective The purpose of this wetland alteration project is to I change the existing wetland dominated by a 100% cover of reed canary grass into a combination shallow and deep marsh environment. The dredging will create a deep marsh I community surrounding a 2400 square foot nesting island. Along the west, north and south banks, shallow banks graded at a slope of a maximum of 10:1 will provide areas to encourage growth of emergent vegetation (shallow marsh) for refuge and food for wildlife, especially waterfowl. Overall, the project will enhance the existing wetland as a wildlife and waterfowl habitat and I provide an aestetic amenity to this property and adjacent property owners. I B. Refer to plan for pond grading, erosion control, outlet structure and restoration requirements. 1 -2- '1 • e C. Filling: Will be done beyond the existing wetlands and restored with native grasses and wild flowers. D. General wetland data 1. Existing wetland on property (estimated) = 1.93 acres. 2. Proposed alteration area = 0.88 acres. 3. Undisturbed wetland = 1.05 acre. ' 4. Proposed area for filling = 1.1 acre. V. Proposed Hydrologic Data ' A. Existing Watershed and wetland basin parameters 1. Area: 25.80. , 2. Land use: open space, woods, meadow, one major structure CN = 62. 3. Outlet to Lake Minnewashta, minimal detention or retention of runoff in wetland basin. 4. Drinage to wetland is overland flow, no storm sewer in watershed. ' 5. Water quality: The existing basin provides for primarily sedimentation removal. Since the runoff flows through basin, there is minimal nutrient removal. 6. 'Q discharge during 100-year storm, 5.9" in 24 hours, SCS hydrograph methods = 50 cfs. B. Proposed watershed and wetland basin parameters: (there is no change in the hydrologic parameters in the watershed from existing to proposed except as noted) . 1. Outlet: A 12" CMP will establish an outlet at elev. 953.5; normal water elevation in the pond will range from 953 to 953.5. 2. Water quality - The dike and 12" CMP outlet will provide detention storage for removal of waterborne sediments. Removal of nutrients will be enhanced I/by the retention characteristics of a deep open water pond containing a large volume of water. 3. Q discharge from a 100-year storm assuming a normal ' water elevation of 953.5 = 5 cfs. I -3- ' 4. Water budget - The watershed will contribute an estimated 7.46 acre feet of water, approximately 2.7 acre feet will evaporate leaving an annual ' change of pond volume of 4.6 acre feet. Ground water elevations of 949 to 952 are estimated to be the base level while the 4.6 acre feet will bring the normal level up to the 953+ elevation. To help ' maintain a normal elevation of 953 an irrigation pump will be installed. The well will pump into the pond. Irrigation water will then be pumped from the pond for watering purposes. I I -4- • E�(/5 T/.V c 11400s E 24 HOUR STORM j C►S edn o re 9/'Q 0 I TYPE II DISTRIBUTION / ******************************** r©� .y2 - aye KORDONOWY 100YR 24HR INIT Tc = 12.00 min INPUT VARIABLES: AREA = 25.80 acres PREGIP = 5.90 in CN = 62.00 TOTAL Tc = 12.00 min UNIT HYDROGRAPH: D = 3.33 min Tp = 8.87 min Tr = 14.78 min Op = 132.05 cfs RUNOFF: THIS AREA = 189402.74 cf TOTAL = 189402.74 cf MAX RATE = 49.85 cfs HYDROGRAPH STORED IN FILE KOR100 1 • I ' ' 1- ,o4a5.6.-6 6/4‘AO I**** STORM WATER HYDROLOGY **** 57441/45 ` L g /5 etentionittion Basin Design y / INFLOW FROM FILE KOR100 m o y ,�. - d -� /�� INFLOW VOLUME = 189402.74 cf IRREGULARLY SHAPED POND ITAGE STORAGE ft cu ft .5 20250 1 1.5 70250 2.5 133750 3.5 190000 LETENTION H = 3.49 ft IUTLETS: SUBMERGED ORIFICE IEIGHT = 0.01 ft IAM = 12.00 in 1 liAX DISCHARGE = 5. 11 cfs ASIN VOL. = 85050.37 cf ASIN DEPTH = 1.73 ft 1 1 + 1 II 1 1 1 1 1 SCHOELL & MADSDN, INC. Job No. Date lb,�y� � ENGINEERS• SURVEYORS • PLANNERS SOIL TESTING Sheet of Project L o2b o.vbcc.79 aND By V _ Subject 4 C/ Ck'd , oA CA"eA-46 • 1 ,2_,_,-,,. 4,.. L ,v rt�u2 440A. , U,Qcu.14, UM-bend (Sc+.Pr) (&J.At) (Co. FT) 953. 5" 37,0040 a o . o 2a125-0 I 95V 41 eoo .0,s z42$b 590D0 9S5 540,00 b 6.- 74 Z573 lP/,SAO I qs(o' ?l/ doe a . S t33,75D I I I I I I I I I I yr urhsnret Z: ttunofi curve number and runoff 10f Project d e c pt,4.r�C By /rF— Date 1/41/9e) 1 lir: 1 Location' 4a-14 `7 45�h Checked Date Circle one: - Developed /4/0 . i maul/ /t.!"4 i I. Runoff curve number (CN) II Soil name and Cover description 1 Area Product I -- of hydrologic (cover type, treatment, and ry CN x area group hydrologic condition; e:i i' v acres percent impervious; to CV �+ mi2 II unconnected/connected impervious a eo eo O% (appendix A) area ratio) E+ w w Q r i.,C s 6;,-,.: . : r - 12,3,E =P 8V Zit I p9 0,11/ _ -1 II I (, I ' II 1/ Use only one CN source per line. Totals �Srs' d I- - CN (weighted) ■ total product /SSG i,s I / 2- I total area Use CN ■ Cp 2. Runoff - Storm /1 Storm #2 Storm /3 Frequency yr / ,D II ,o _ O Rainfall, P (24-hour) in o?. 3 r, Z 5. 7 Runoff, Q in D."( r& 9/ b 5/ _ i (Use P and CN with table 2-1, fig. 2-1, - or eqs. 2-3 and 2-4.) (, 112 (210-VI-TR-55, Second Ed., June 1986) - A& 11 tHIESOUn STATE OF 011"*": 1 ii __EPARTMENT OF NATURAL RESOURCES \\\� METRO REGION WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106 PHONE NO. 296-7523 FILE NO. April 24, 1990 ' Ms. JoAnn Olsen City of Chanhassen 690 Coulter Drive Box 147 Chanhassen, MN 55317 Dear Ms. Olsen: RE: THOMAS KORDONOWY, LAKE SUSAN HILLS DEVELOPMENT, CITY OF CHANHASSEN, CARVER COUNTY Lake Susan Hills ' The DNR - Division of Waters has no comments to make on the Lake Susan Hills P.U.D. plan amendment. It does not appear to be within a shoreland district or a floodplain and no protected waters occur within the limits of the development. Wildlife Dugout - Thomas Kordonowy The proposed wetland alteration is not within a DNR protected wetland and will not require a DNR protected waters permit. The DNR Area Wildlife Manager (Jon Parker @ 445-9393) should be consulted in the design ,of the wildlife dugout to ensure that the proposed changes will be beneficial to wildlife. Thank you for the opportunity to comment. Please contact me or Hydrologist Joe Richter at 296-7523 should you have any questions ' concerning these comments. Sincerely, G Ceil Strauss ' Area Hydrologist C214:kap ' cc: Jon Parker, AWM REC FV LL) APR 27 1990 4111 AN EQUAL OPPORTUNITY EMPLOYER CHANHASSEN LiONING Sec. 20 #20.422 -421. Required DIVISI . ON 2.WETLAND ALTERATION PERMIT Part A. General Provisions a The following activities are prohibited in the wetland area indicated unless the city council issues a wetland alteration permit allowing the activity: 1 (1) Scientific research projects in a class A or class B wetland which alter the wetland. (2) Public works in a class A or class B wetland except for emergency public works which shall not require a wetland alteration permit. , (3) Creation of ponds or dams and alterations of the natural drainageways or water courses of a class A or class B wetland. I (4) Removal from class A wetland of trees or vegetation except hay,crops and diseased and storm damaged trees and vegetation which shall not require a wetland alteration ;' permit. (5) Docks,walkways and boardwalks,within class A or B wetland. (6) Installing or replacing drain tile or ditches in a class A wetland.Repairing existing drain tile,in a class A wetland if the property has not been in active agricultural use during the twelve(12)months preceding February 19,1987. (7) Development in any class A wetland or within two hundred(200)feet of a class A wetland that is within the wetland's watershed. (8) Septic or soil absorption systems in a class B wetland. t I (9) Sedimentation basins in a class B wetland. (10) Any s$ructure in a class A or B wetland except for minor expansion and additions to q single-family detached dwellings existing February 19, 1987 that do not require a wetland alteration permit. _ , (11) Digging,dredging,filling in a class A or B wetland. (12) Advertising signs in a class A or B wetland. i (Ord.No.80,Art.V,1 24(5-247),12.1586) _ Sec. 20422. Application,issuance,etc. '- IThe applicant for a wetland alteration permit shall furnish the information required by I the city including but not limited to,a site plan,topographic data and hydrological data for the review of a wetland alteration permit application.A wetland alteration permit shall not Ube issued without having been first reviewed by the planning commission and approved by the t council following the review owing procedures set forth for conditional use permits.The applicant F shall have the burden of proving that the proposed use or activity complies with the purposes, intent and other provisions of this article.A permit must be approved by a three-fifths vote of - 1191 11,_ - - • •• • ". , _.J by alYj L"' �'._ tea• .'•"` J r 9• •1 l /k. .. y l ti•.. 1 1 . t ••∎.L''i'J r, tg"••�'•:A'1'ti r "\ T^ i -.. _��,., ` ' 1 t•e • if 5• • M► c.:_. .. 1 r" L.•r.,.�.'�0.1.�,.fib. \ , . \ ` k./;"• �tw tt..h{�vi - li s _4' ". 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''. • .. - / ` p - \� 42C��i/f3 r -- � ,, _fa r� ° .r .. _ s {"/ `'t 3\ /\ ti \ • - ' N / i 1 /117 .s.1 — •-, ‘..._ . 0. ••" i if, `-,•.Z..'"''''.:' ',;,-..'-',.,V - (' i i , . .. , ...._..... , , ....... . ....„____ _, ..._;,,,, . ,,.-.,,,,. .,,., ,, 2,-.. „,. -,.:( ,,,,,........,././ ..... - ),A 1,5\-, ,-- i t %,_ # _ .. `i.y, / \'. ` / i'lll/r 3 j J1•�, /, yes _ ikif i / (.........s.,s . AP ," .-- ::-. /r, , .,....) i!,/ 1 --- - q,...f",--' , ---------- Nial -t _NI /- , „iii ^ �._.a•-- `ti-- �� • , �• t l, .i .141 fir !^ i•-- i' _ —/ {\ f �._ iilp CHANHASSEN PLANNING COMMISSION REGULAR MEETING MAY 16, 1990 • Chairman Conrad called the meeting to order at 7:40 p.m . . MEMBERS PRESENT: Steve Emmings, Annette Ellson , Ladd Conrad, Brian Batzli , Jim Wildermuth and Joan Ahrens MEMBERS ABSENT: Tim Erhart STAFF PRESENT: Paul Krauss, Planning Director ; Jo Ann Olsen, Senior Planner; and Sharmin Al-Jaff, Planner One . PUBLIC HEARING: CONSIDER APPLICATION OF THOMAS KORDONOWY FOR A WETLAND ALTERATION PERMIT TO' CREATE A POND IN A CLASS B WETLAND ON PROPERTY ZONED RR, RURAL RESIDENTIAL AND LOCATED SOUTH OF TANADOONA DRIVE, WEST OF DOGWOOD'ROAD. Public Present: ' Name Address Tom Kordonowy Applicant Martin Jones Dogwood Road Sharmin Al-Jaff presented the staff report on this item . Conrad: Just a quick question before we open it up to the public . Why is I the water quality going to improve based on the dredging? What is it that 's causing the quality to improve that will flow into Lake Minnewashta?l Al-Jeff: It is in the report . The bottom of the pond will not be level and . . . Conrad: Act as a sedimentation basin? Krauss: Well you 're getting both sedimentation plus for wetland vegetation' helps to filter as well . We 're working. . .especially since apart from the house Mr . Kordonowy will be developing . Conrad: Okay . We 'll open it up for public comments . If the applicant is I here . If he has anything to say. Tom Kordonowy: Good evening Mr . Chairman, members of the Planning Commission . My name is Tom Kordonowy and requesting this ponding area really for our enjoyment but beyond that we think that it 's an enhancement to the area . Creation of the open water should probably have nesting for friendly critters and we think would be kind of a nice addition to the area so that 's my only comment . Read the staff report and in concurrence with it . We 've tried to work closely with staff in designing the pond to conform to the requirements of the ordinance as well as I say , improve the I area . I 'd be happy to answer any questions you may have . Conrad: We may have some later . Thanks Tom . Any other public comments? I 1 4 Planning Commission Meeting May 16, 1990 - Page 2 I Martin Jones: I 'm Martin Jones . Mr . Kordonowy will become a neighbor of mine . Everything that he has done so far has been excellent . I can 't say no to anything he has done so far . At this point I 'll say go ahead with this . It looks great . Conrad: Thank you . Anything else? Any other comments? Is there a motion to close the public hearing? Batzli moved, Wildermuth seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. ' Conrad: Steve , comments? Emmings: No. It looks like this was designed very carefully with all the ' considerations that I can see taken into account and I support the staff 's recommendations . Ellson: I think it looks great . I 'm glad to see someone being proactive ' in the right direction for a change but I do have a question in regards to once this is in place . Then it would be guarded and let 's say he sold the land or whatever , as a pond now . The wetland contains the pond and then ' the pond can no longer be altered and everything like that? Would that be true? You know what I 'm saying? Once you dig it as a pond and turned it into one and then maybe if it passes hands or whatever and someone doesn 't ' want a pond there anymore , because he altered the wetland and it was permitted , now nobody else could take away the pond because that would now be altering it again . ' Krauss: Well it is classified as a wetland and I 've got to believe this would take on Class A wetland characteristics which would make it even tougher to alter . We also require plans. . .at Hennepin County. In fact we 're getting our ordinance to . . .so future property owners would be on notice that this is a condition of approval . ' Ellson: Yeah , I assume that they'd have to come in for a wetland alteration permit but I 'm saying would we allow them to go back? Once you 've got it improved you 'd hope that you now have to stay at the level of ' improvement and you can never have to go back and things like that . I guess we don't ever have a total guarantee it doesn't sound like but I like the fact that it's being improved and I 'd just like to say okay, now that it 's improved , no holds bar . ' We can't go back anymore on it no matter who takes it over after that . Martin Jones: Can I make one comment? You said it's been improved. Yes , ' it will be . If it would go back to the original , that ain't all bad so I don't think you 're going to have a loss either way. If Mr . Kordonowy decides to sell , it would go back to the original , it would not be bad . ' It 's better this way but it won't be bad the other way. Ellson: Those are just the only things I thought about . ' Batzli : It looks like the applicant has worked well with staff and it looks like a good plan . f Planning Commission Meeting May 16 , 1990 - Page 3 1 Wildermuth: I like the plan . I just have one question . How does the water currently flow under Tanadoona Drive? Is there a culvert? Martin Jones: I can answer that . • There's a 12 inch culvert underneath the road that's just at the curve where Tanadoona turns into Dogwood . There 's a 12 inch culvert going there and that's been in place for the last I 'd say 6 or 7 years since the new culvert . Wildermuth: Do we think the pond would alter that in any way Paul? Krauss: No. The pond 's not going to release water any faster than it . . . I Wildermuth: Because of where the installation of the , where is it? A pipe with metal aprons at the exit of the pond . Okay . That 's all I 've have . Ahrens: I think it 's a good plan too but there a number of conditions that are very specific and I just had a question . Does the City find it II difficult to monitor all the conditions that are set up with the approval of this permit? I mean they can 't dredge during certain times and they have to locate the dredging material in a certain place and how do you know that 's going on? Krauss: Frankly it 's difficult because unlike a home or a building , you don't have a building permit that trips the process . What we do is we depend on the applicant to notify us that work 's been started and we go out and monitor that from time to time . We . . .staff to do that . We do make the attempt to follow up as best we can. In the future I 'd like, and by the way the grading ordinance passed at the City Council Monday night and I think that we can use that to require , in fact you may want to add a condition that they obtain a grading permit prior to starting the work from the engineer 's department so we have a definitive permit so we know when 1 they are grading . Conrad: I have no comments . It looks like a good application . I like it when we improve a wetland and the residents get what they want . I think that 's just a good win-win situation. Is there a motion? Ellson: I 'll move the Planning Commission recommend approval of Wetland 1 Alteration Permit #90-3 as shown on plans dated April 16 , 1990 with the following two conditions and one condition also added . And the third condition should read that the applicant is to obtain a grading permit prior to start . Wildermuth: Second. t Ellson moved, Wildermuth seconded that the Planning Commission recommend approval of Wetland Alteration Permit #90-3 as shown on plans dated April 16, 1990 with the following conditions: 1 . The proposed ponding area conforms to the Fish and Wildlife guideline standards for ponds. 1 Planning Commission Meeting May 16, 1990 - Page 4 2. The applicant provide Type III erosion control along the westerly edge of the fill area between the proposed fill area and the Class B wetland and the fill area be revegetated with natural vegetation within six months of completion of the pond. 3. The applicant shall obtain a grading permit prior to beginning work on ' the wetland. All voted in favor and the motion carried. ' PUBLIC HEARING: PRELIMINARY PLAT OF 3.2 ACRES INTO 2 SINGLE FAMILY LOTS ON PROPERTY ZONED RSF AND LOCATED AT 365 PLEASANT VIEW ROAD, ROBERT SATHRE. Sharmin Al-J'aff presented the staff report . Chairman Conrad called the ' public hearing to order . Conrad: Maybe we 'll open it up with the applicant . Bob , any comments on the staff report? Bob Sathre: Not really . There 's nothing different other than the exchange that was not considered with the vacating of Baldur Avenue . Conrad: That cleans it up pretty easily . Any other comments? Batzli moved, Elison seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. Ahrens: I guess it makes sense to have the property located west of the ' driveway . Become part of Lot 3 , that 's right . Is that the proposal? Rather than have it divide Lot 1 . I guess it makes more sense for the proposed drive on Lot 1 also . I had a question why that wasn't connected ' onto the other private drive . Since there was some concern that the proposed drive on Lot 1 not be located too close to Horseshoe Curve but it 's almost right on top of the other private drive . Is that how , I mean that 's the way it looks to me. ' Krauss: They 're still separated by , I don't remember the exact distance but we can scale that off , but there's a grade change there. I think if ' you 're going with the first report we said that we would prefer to have a single curb cut and we would have recommended it if we thought it was realistic to do but because of the grade change we didn't think it was so ' we just added a condition that the driveway to the new home has to be as far east as possible . Ahrens: As far east from what? From the other existing driveway? Al-Jaff: The engineering department said that if there is a distance of 100 feet , that allows enough visibility and there is a distance of 100 feet . Ahrens: Between the two driveways?