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5. Wetland Permit to Create a Pond in Class B Wetland, 1551 Lyman blvd. e ' K ' - ,1 , I1 I TY 0 F (7.--.C. DATE: 1/4/89 II \\ CHANHASSEN C.C. DATE: 1/23/89 Y CASE N0: 88-16 WAP Prepared by: Hanson/v STAFF REPORT I I .PROPOSAL: Wetland alteration permit for alteration of a Class B wetland on property zoned A-2 to create a F. wildlife pond. I i E,,,,,,,o_Je:_____ A- ,xrcr. ',y Or/ jdr,,Irtls,-,ter U LOCATION: 1551 Lyman Boulevard. �''cu'? �.�_. _ _w_°�— - is ec..,:.,__— IAPPLICANT: Patricia and George Dorsey / Lb Q1551 Lyman Boulevard Chanhassen, MN 55317 i-,Q3�C9 II IIIPRESENT ZONING: A-2, Agricultural Estate IACREAGE: 40 Acres DENSITY: IADJACENT ZONING AND LAND USE: N- A-2, Residences IS- A-2, Agricultural PIF E- A-2 , Agricultural s 0 W- A-2 , Agricultural IW WATER AND SEWER: Not available to the site. PHYSICAL CHARAC. : The site generally slopes to the south and west with the Class B wetland located to the south. I2000 LAND USE PLAN: Agricultural . I . - 1' — fly:----4.- -- \ f C ),. ■ 2 N , _.. 0 .. , . . ..:1 Al 2 . 111,- . 11 v --,--■ , . .,, vr., J g ' IC s 1 V I q ; I / 1-71 1111• ,A. 5 • LYV N 1 40 1mi ! kir: 1 ... ,..... % . .„.i ,,. . _,. ... k..i A2 111 ...... . I 0_ ,-.1 .,. App 09 g,I vlAo. I Loestfton crq-, "Proposecii u3c"-`1 0 PA-two—iv-N.., 1 . . I ‘c- . I HI I Z = 0 111111111 a3 m - o : Ji n a , . 1 _. .....--, . ,... Ail If • .. ,1 • '4.......-- • _ . • ' --:': I i .:! ...._. • -1/4 ..... . +1-1- -.--11.. .... - - - . 0•, .' . Dorsey WAP January 4 , 1989 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 applicants have met with staff to discuss the creation of a wildlife pond on their property. Jo Ann Olsen met with Dr. Elizabeth Rockwell of the Fish and Wildlife Service on site. Dr. ' Rockwell felt that construction of the pond in the wetland would be beneficial if the standard six conditions of the Fish and Wildlife service were followed. Those conditions are outlined in ' Attachment #1. ANALYSIS ' The applicant has provided a proposed plan for the pond. This plan provides a free-form shape with appropriate slopes . The bottom of the pond will be uneven as specified in the third con- dition of the Fish and Wildlife Service. The basin will have a water level control. The applicant needs to place a layer of topsoil (muck from an existing wetland being filled) on the bot- tom of the basin . A fringe of shrubs needs to be added on the upland surrounding the basin. The applicant has noted the disposal site for materials to be ' excavated and provided erosion control measures on the downslope side of the disposal site. ' RECOMMENDATION The planning staff recommends that the Planning Commission adopt the following motion: "The Planning Commission recommends approval of Wetland Alteration Permit No. 88-16 with the following conditions: ' 1 . Written approval of the alteration plan from the Fish and Wildlife Service that the proposal conforms to their six con- ' ditions for ponds . PLANNING COMMISSION ACTION The Planning Commission recommended approval as noted above with staff' s recommended condition. STAFF UPDATE After the Planning Commission meeting I talked with Paul Burke of the Fish and Wildlife Service and he stated the plans as proposed by Dorsey were acceptable and recommended approval as submitted. 11 4 Dorsey WAP January 4 , 1989 Page 3 I CITY COUNCIL RECOMMENDATION 1 Staff recommends the City Council adopt the following motion: "The City Council approves Wetland Alteration Permit #88-16 , sub- 1 ject to the plans stamped "Received December 12 , 1988" . 1 1 i 1 1 1 1 1 i 1 1 1 1 I - z k LAND DEVELOPMENT APPLICATION '_-' I CITY OF CHANHASSEN 690 Coulter Drive 1 Chanhassen, MN 55317 •I (612) 937-1900 X APPLICANT: �ci ii�� Ca r-> rG €. a„r:; J OWNER: �� Qc)che: rS ea.. I U Pa—mica IADDRESS 1:5-:51 /j mcovl 7 i ti cL ADDRESS Isc,51 1—VrIcoeuTcl Vd V10�SSe-Se 5-S-3'1 7 0 va,,tict.cs e,n A.SS 0/7 I Zip Code Zip Code TELEPHONE (Daytime ) R,3 J_0 3/ 6 TELEPHONE y R /kko REQUEST: IZoning District Change Planned Unit Development I . Zoning Appeal Sketch Plan Preliminary Plan Zoning Variance Final Plan IZoning Text Amendment Subdivision Land Use Plan Amendment Platting 1 Conditional Use Permit Metes and Bounds Street/Easement Vacation I Site Plan Review Wetlands Permit PROJECT NAME • IPRESENT LAND USE PLAN DESIGNATION IREQUESTED LAND USE PLAN DESIGNATION PRESENT ZONING REQUESTED ZONING DA USES PROPOSED '�cYY\� SIZE OF PROPERTY - 6 aCr�S LOCATION RI ) 1/y 6-6 (t) IA{ Slt_C, a --r-uo 1 / (,„ ts)0,,„„..A. 3 I Pc REASONS FOR THIS REQUEST e n c ill . ' II ILEGAL DESCRIPTION (Attach legal if necessary ) II v r 1 City of Chanhassen 690 Coulter Drive, P.O. Box 147 Chanhassen, MN 55317 II(612)937-1900 ' b1/4,004 14.0-'b....vr 4.4 4.,,,,,d- Date: December 13, 1988 ',C 14 4 IJ33 To: Development Plan Referral Agencies REGion in • From: Planning Department By: ���nn II Y� Stephen Hanson, City Planner Subject: Wetland Alteration Permit to create a pond in a Class B wetland on property zoned A-2, Agricultural Estate and located at 1551 Lyman II Blvd. Planning Case: 88-16 WP (Dorsey) The above described application for approval of a land develo pment proposal was II filed with the Chanhassen Planning Department on December 12, 19RR • In order for us to provide a complete analysis of issues for Planning Commission II and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and pro- posed future utility services, storm water drainage, and the need for acquiring II public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a II recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning II Commission on January 4, 1988 at 7:30 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than December 23, 1988 . You may also appear at the Planning Commission IImeeting if you so desire. Your cooperation and assistance is greatly appreciated. . II 1. City Departments 7. MN Dept. of Natural Resources City Engineer 8. Telephone Company II b. City Attorney (NW Bell or United) c. City Park Director d. Public Safety Director 9. Electric Company II e. Building Inspector (NSP or MN Valley) 4110 Watershed District Engineer 10. DOWDEN Cable System II 3. Soil Conservation Service 11. Roger Machmeier/Jim Anderson 4. MN Dept. of Transportation 410 U. S. Fish and Wildlife II 5. U.S. Army Corps of Engineers 13. Carver County Engineer 6. Minnegasco 14. II Other l2- 1 -fib- 1 OtbOd - No D N R. -�,&,t6a �u �cu' . k°c-a-t-c-ei t •� l . 'Will 66-91dtt nr=.: ...,.• _ _. - ...�• _-.Yy • . i f 4.. I CITY OF CHANHASSEN „A.- e...31 r r.41.••••• ram'. Za. I , I CHANHA.SSEN PLANNING DEPT. ---- -- 111 _ .________. . I _...\ \ \ \ \ • _ . . \_________ _ _ __ C.S.A. HWY NO. 17 LYMAN—— ULVD \ i \,....,_‘------&------- s. -----■ i ;I , / /-----:—:,. -• ---- III . I / H /,; // / ; I ( (----- ' •..--- / ---,_■---- ---,..,,,.\„\ \ t . ,/ /•-• ..,, ...., ----,,, ‘ . -\ ,...-- -"'---. I --- .//- .' 1 '.\ ..-- 2------ — -- -- \\ I i . \ T. . ...,. 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Planning Commission Meeting January 4 , 1989 - Page 40 PUBLIC HEARING: 1 WETLAND ALTERATION PERMIT TO CREATE A POND IN A CLASS B WETLAND ON PROPERTY ZONED A-2, AGRICULTURAL ESTATE AND LOCATED AT 1551 LYMAN BOULEVARD, GEORGE DORSEY. ' Public Present : George Dorsey, Applicant ' Rick Dorsey Steve Hanson presented the staff report. Chairman Conrad called the 1 public hearing to order. Rick Dorsey: I just have one comment . The question being the shrubs on the upland side. We will do that if necessary but introducing something to the area that ' s not natural , we question the need for it. Ellson: Is that under one of the six conditions? Conrad : No , it ' s just under the analysis portion . Dr . Rockwell is II really quite a good expert that we have a lot of confidence in. Any other public comments . Headla moved , Emmings seconded to close the public hearing . All voted in favor and the motion carried. The public hearing was closed. Headla : I went on that field trip with Dr . Rockwell and Jo Ann . She spoke very highly of what they' re proposing and I don' t remember any discussion of shrubs at all . That ' s all I have to say. I 'm highly in favor of it. Wildermuth : It' s refreshing to see somebody creating a wetland rather than trying to fill one in. Is that a topographical map Steve? Hanson : Yes , it is . Wildermuth: On the north side of the pond where we' re proposing that the II shrubline be put in. Hanson: Let me clarify one thing on the shrub line . The reason I put that in the memo is when you look at the six conditions of the Fish and Game, there ' s a reference in there . The shrub plantings around it . I have not been privy as to whether Dr . Rockwell may have suggested that as ' a condition or not so either include it as just one of the standard conditions that they normally have utlized for that improvement . Wildermuth: What I 'm wondering is what' s the difference in elevation between the surface of the pond and where the proposed shrubline would be? Hanson: The top surface of the pond is, I believe it' s 889 versus 890 up II here . Very shallow. Planning Commission Meeting January 4 , 1989 - Page 41 Wildermuth : If we did persist in requiring that shrubline in there , it would essentially block the view of the pond from the. . . ' Rick Dorsey: They would also probably die . ' Wildermuth: What' s your feeling on that Steve? Hanson : My feel on it is, I put it in there because it' s listed in our ' standard conditions and that' s why in the recommendation I said pending getting that written response from the Fish and Wildlife on what their recommendation on how to those six standards would be applied to this particular case . What the applicant is saying is what they recommend , I ' don' t have a problem with that. I 'm not asking for something more. Wildermuth : I 'm not either . Batzli : I assume that , is this the plan that you received from the applicant that we' re looking at here? Hanson: Yes . Batzli : I guess I 'd like to see , typically on a wetland alteration permit ' we reference the plan with what they' re going to do and I 'd like to see that included either in any proposal or recommendation that we want to put that you' re recommending approval of the wetland permit based on plans that we' ve got in front of us . I don' t have a good feel at all for whether they need shrubs or not to be quite honest with you. I don ' t recall that being one of the six conditions . I know I see them there but I never recall seeing that one before so it surprises me. I guess I would ' leave it to the experts in this being the Fish and Wildlife Service Saying whether they think it' s required in this . If the person visited the site and never mentioned it, I say we can leave that one off but I would like to see that what they' re going to do here is what we see in front of us tonight . Ellson : I 'm pretty much in agreement with all these guys . I ' ll go along with what the experts say but it seems to be like some of the other things . I wish we would have had it as of now. Maybe we should be givi.ng -- people dates as to when they get all their ducks in a row or what have you ' but here we are again approving something without the other thing again, but I could do that. That' s about it . Emmings: This is the first one of three that your application doesn ' t say a damn thing . Conrad : Steve, it' s not the right one . I wasn ' t even going to bring that ' up. Emmings : I like the reasoning though. Required by the City. It looks to me from the six conditions that if there' s going to be any shrubs at all , they' re actually supposed to be right down by the edge of the water is what it sounds like. Not up the hill but again, I ' ll go along with Planning Commission Meeting January 4 , 1989 - Page 42 1 everybody else in that . I think it' s a reasonable approach to run the plan by Fish and Wildlife. If they' re satisfied that it meets their conditions , that ' s certainly fine with me. Otherwise , it looks like a fine plan. ' Erhart : I think it' s a great plan . I also think that placing shrubs down there is an expense that' s unneeded because in that area, what ' s going to I grow is going to grow and what ' s going to die is going to die . There ' s so much vegetation there that it would quickly reseed itself and that will take care of itself and go back to it' s natural state. Conrad: Yes, I like the plan and I don' t think we need the shrubs. Is there a motion? Batzli : I move that the Planning Commission recommend approval of Wetland II Alteration Permit #88-16 based on the plans stamped received, I 'd like staff to fill in when they were received, subject to the following 11 conditions and then the 1 condition that ' s set forth by the staff . Emmings: Second . Batzli moved , Emmings seconded that the Planning Commission recommend approval of Wetland Alteration Permit #88-16 based on the plans stamped "Received December 12, 1988" and subject to the following condition: 1. Written approval of the alteration plan from the Fish and Wildlife Service that the proposal conforms to their six conditions for ponds. II All voted in favor and the motion carried. PUBLIC HEARING: WETLAND ALTERATION PERMIT TO DREDGE SILT ACCUMULATION FROM AN EXISTING CHANNEL IN A CLASS A WETLAND ON PROPERTY ZONED RSF, SINGLE FAMILY RESIDENTIAL AND LOCATED GENERALLY SOUTH OF THE LOTS FRONTING ON WASHTA BAY ROAD, MINNEWASHTA MANOR CHANNEL HOMEOWNERS ASSOCIATION. Public Present : Name Address ' Harry Niemela 2901 Washta Bay Road Steve Hanson presented the staff report . Chairman Conrad called the public hearing to order . Conrad : Does it meet our ordinance? Hanson: As far as the disposal area? 1