CC Staff Report 1-25-21CITY COUNCIL STAFF REPORT
Monday,January 25,2021
Subject Approve a Request for an Interim Use Permit for Excavation of Existing Wetland Along with
Excavated Borrow Being Placed on a Location within the Parcel
Section CONSENT AGENDA Item No:E.4.
Prepared By Bob Generous,Senior Planner File No:Planning Case No.2021-03
PROPOSED MOTION
City Council approves the Interim Use Permit to allow site grading subject to the conditions of approval in the staff
report and adopts the Planning Commission Findings of Fact and Recommendation."
Approval requires a Majority Vote of the entire council.
SUMMARY
The applicant is requesting an Interim Use Permit to permit the removal of organic soils from the wetland and the
stockpiling of soil on the property.The applicant proposes winter grading activities that will be completed within
several weeks.Since there is no net loss of wetland and,therefore,no wetland mitigation requirements,City Code
does not require a Wetland Alteration Permit.
BACKGROUND
On July 10,1995,the City Council approved the preliminary and final plat of Butternut Ridge Addition,Subdivision
95-9,creating one lot and one outlot.The property owner still owns the home on the property.
On July 7,2020,the City of Chanhassen received a complete Wetland Delineation Report for the property and a
Notice of Application was sent on July 15,2020.The on-site Technical Evaluation Panel TEP)was held on July 29,
2020 in order to review the wetland boundaries and types.The wetland types that were delineated on the property
were Types 1,2,3,5,and 6.The TEP and Local Government Unit LGU)concurred with the boundaries and types
and the Notice of Decision was issued on August 8,2020.
DISCUSSION
The Planning Commission met on January 5,2021,to hold a public hearing to review the proposed project.The
Planning Commission voted 5 0 with one member recusing himself on a motion recommending approval of the
Interim Use Permit subject to the conditions of approval.There was some concern expressed regarding the existing
impacts that were on site due to the haul route activity,but the condition for a restoration plan addressed this concern.
The Planning Commission minutes for January 5,2021,are included in the City Council Consent Agenda for January
25,2021.
CITY COUNCIL STAFFREPORTMonday,January 25,2021SubjectApproveaRequest for an Interim Use Permit for Excavation of Existing Wetland AlongwithExcavatedBorrowBeingPlacedonaLocationwithintheParcelSectionCONSENTAGENDAItemNo:E.4.Prepared By Bob Generous,Senior Planner File No:Planning Case No.2021-03PROPOSEDMOTION"City Council approves the Interim Use Permit to allow site grading subject to the conditions of approval in thestaffreportandadoptsthePlanningCommissionFindingsofFactandRecommendation."Approval requires a Majority Vote of the entire council.SUMMARYTheapplicant is requesting an Interim Use Permit to permit the removal of organic soils from the wetland andthestockpilingofsoilontheproperty.The applicant proposes winter grading activities that will be completedwithinseveralweeks.Since there is no net loss of wetland and,therefore,no wetland mitigation requirements,CityCodedoesnotrequireaWetlandAlterationPermit.BACKGROUNDOnJuly10,1995,the City Council approved the preliminary and final plat of Butternut Ridge Addition,Subdivision#95-9,creating one lot and one outlot.The property owner still owns the home on the property.On July 7,2020,the City of Chanhassen received a complete Wetland Delineation Report for the property andaNoticeofApplicationwassentonJuly15,2020.The on-site Technical Evaluation Panel TEP)was held on July 29,2020 in order to review the wetland boundaries and types.The wetland types that were delineated on thepropertywereTypes1,2,3,5,and 6.The TEP and Local Government Unit LGU)concurred with the boundaries andtypesandtheNoticeofDecisionwasissuedonAugust8,2020.DISCUSSIONThePlanningCommission met on January 5,2021,to hold a public hearing to review the proposed project.ThePlanningCommissionvoted50withonememberrecusinghimselfonamotionrecommendingapproval oftheInterimUsePermitsubjecttotheconditionsofapproval.There was some concern expressed regarding theexistingimpactsthatwereonsiteduetothehaulrouteactivity,but the condition for a restoration plan addressed this concern.
The Planning Commission minutes for January 5,2021,are included in the City Council Consent Agenda for January
25,2021.
Staff met with the applicant on January 12,2021,to review the conditions of approval.As part of the discussion,we
agreed to modify some conditions to clarify the intent.Staff is amending the recommended conditions of approve for
the Environmental Resources as follows:
1.Wherever erosion control measures are not present,the applicant shall install tree protection fencing at the edge of
grading and hauling limits throughout the entire project haul route and stockpile area prior to any work being done.
2.Unless there are frozen soil conditions as determined by the city,the applicant shall install ground protection mats
with an underlayment of shredded wood mulch on the entire length of the haul route.The mats will require an
inspection by the city prior to use.
Additionally,Condition No.7 is a duplicate of Condition No.3 and can be deleted:The applicant is required to
submit a restoration plan that includes the replacement of trees within the buffer area and the haul route.The quantity
shall be determined to match the existing density occurring in the forest outside of the construction limits.
Riley Purgatory Bluff Creek Watershed District has provided the applicant with a list of conditions they will need to
address in order to get a permit.
RECOMMENDATION
Staff recommends that the City Council approve the Interim Use Permit to permit grading as shown on the plans
prepared by Alliant Engineering,Inc.,dated December 4,2020,subject to the conditions of the staff report and
adoption of the Planning Commission Findings of Fact and Recommendation.
ATTACHMENTS:
January 5,2021 Planning Commission Staff Report
January 5,2021 Planning Commission Staff Report Attachments
Findings of Fact and Recommendation
CITY OF CHANHASSEN
PC DATE: January 5, 2021
CC DATE: January 25, 2021
REVIEW DEADLINE: February 2, 2021
CASE #: 2021-03
BY: RG, EH, JS, MU
SUMMARY OF REQUEST: The developer is requesting an Interim Use Permit (IUP) for
excavation of existing wetland along with excavated borrow being placed on a location within the
parcel.
LOCATION: Outlot A, Butternut Ridge Addition, (PID 251550022) and Outlot E, Foxwood
PID 252990510, City) and 9197 Eagle Ridge Road PID 250240811
APPLICANT: Black Cherry Development, LLC
14500 Martin Drive, Ste. 3000
Eden Prairie, MN 55344
terhart@riekor.com
PRESENT ZONING: Agricultural Estate District (A-2)
2020 LAND USE PLAN: Residential Low Density
ACREAGE: Approximately 112 acres
DENSITY: NA
PROPOSED MOTION:
The Chanhassen Planning Commission recommends that City Council approve the Interim Use
Permit to allow site grading subject to the Conditions of Approval and adopts the Findings of Fact
and Recommendation.”
Planning Commission
Outlot A, Butternut Ridge Add. IUP WAP – Planning Case 2021-03
January 5, 2021
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LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The city has limited discretion in approving or denying IUPs, based on whether or not the
proposal meets the standards outlined in the Zoning Ordinance and excavating, mining, filling
and grading regulations. If the city finds that all the applicable standards are met, the Permit
must be approved. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL/SUMMARY
The applicant is requesting an IUP to permit the removal of organic soils from the wetland and
the stockpiling of soil on the property in anticipation of the eventual development of the site.
Since there is no net loss of wetland, City Code does not require a Wetland Alteration Permit.
APPLICABLE REGULATIONS
Chapter 7, Article III, Excavating, Mining, Filling and Grading
Chapter 20, Article IV, Division 5, Interim Use Permits
Chapter 20, Article VI, Wetland Protection
BACKGROUND
On August 14, 2020, the Chanhassen City Council approved the adjustment to the Bluff Creek
Overlay District (BCOD) Primary Zone boundary to encompass the additional 3+ acre area adjacent
to Highway 212. (Planning Case #2020-13)
As part of the 2040 Comprehensive plan adopted on February 10, 2020, the city approved a three
acre land use amendment from Residential Low Density to Office in the western portion of the
parcel encompass the area adjacent to Highway 212 .
On May 26, 2009, the Chanhassen City Council approved the following (Planning Case #2009-06):
Rezoning of Lot 1, Block 1, from Agricultural Estate District, A2, to Office & Institutional
District, OI.” (Note that the rezoning of the parcel is only effective with the final platting of the
subdivision);
Conditional Use Permit with Variances to encroach into the primary zone and required buffer
for development in the Bluff Creek Corridor;
Subdivision (Preliminary Plat) creating one lot, two outlots and dedication of public right-of-
way;
Site Plan with Variances for building height and Bluff Creek Primary Zone setbacks for
Planning Case #08-16, for a two-phase, three-story, 160,000 square-foot professional office
building, and up to a 731-stall, five-level parking ramp; and
Planning Commission
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January 5, 2021
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A sign size Variance request to permit an eight-foot tall sign with up to 64 square feet of sign
display area.
As part of the city’s 2030 Comprehensive Plan, the City approved a Land Use amendment of the
westerly 10 acres of the property from Residential-Low Density to Office. This site also represents
a significant gateway into our community. As such, it is anticipated that the development be a
higher caliber and grander scale than other development in the OI district. This area is separated by
both topography and vegetation from the remainder of the parcel to the east. It is anticipated that
the remainder of the site will develop with a mix of housing types that maintain the 1.2 – 4.0 units
per acre net density.
On October 23, 2006, the Chanhassen City Council approved Wetland Alteration Permit #06-32 for
the construction of an access road and stormwater pond. The wetland mitigation for this is located
just east of the proposed Lot 1 and north of the large wetland complex.
In 2006, the Minnesota Department of Transportation (MnDOT) constructed an extension of
Powers Boulevard from Lyman Boulevard to Pioneer Trail in conjunction with the Trunk Highway
TH) 212 project. Future development within the city requires a lift station south of TH 212 and
north of Pioneer Trail along Powers Boulevard. In addition, the TH 212 project needed to provide
access to properties south of TH 212, west and east of the Powers Boulevard extension. Due to
Carver County’s requirements for separation of access points onto a county road, the curb cut to
access the Erhart property was located adjacent to an existing wetland. The applicant proposed the
construction of a 31-foot wide street to provide access to the western portion of the property, in
addition to the future city lift station. In conjunction with the access point and lift station location,
the property owner requested and received a wetland alteration permit (Planning Case #06-32) in
2006. The wetland mitigation required of the permit has not been completed.
On July 10, 1995, the City Council approved the preliminary and final plat of Butternut Ridge
Addition, Subdivision #95-9, creating one lot and one outlot. This subdivision permitted the
property owner to sell the 2½-acre home site on the property and keep the balance of the site for the
owner’s personal use and future development. The property owner still owns the home on the
property.
On July 7, 2020, the City of Chanhassen received a complete Wetland Delineation Report for the
property and a Notice of Application was sent on July 15, 2020. The on-site Technical Evaluation
Panel was held on July 29, 2020 in order to review the wetland boundaries and types. The wetland
types that were delineated on the property were Types 1, 2, 3, 5, and 6. The TEP and LGU
concurred with the boundaries and types and the Notice of Decision was issued on August 8, 2020.
ANALYSIS
WETLAND
On November 19, 2020, the applicant submitted a No-Loss Application for wetland excavation
through the Wetland Conservation Act (WCA) process. A Notice of Application was sent to the
TEP on November 24, 2020. The proposed wetland excavation was discussed during a Technical
Planning Commission
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January 5, 2021
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Evaluation Panel (TEP) meeting on December 8, 2020. Based on the information provided, the
proposed activity appears to be unregulated based upon WCA 8420.0105 Scope. Subpart 1.,
which states the following:
Scope; generally. Wetlands must not be impacted unless replaced by restoring or creating
wetland areas of at least equal public value. This chapter regulates the draining or filling of
wetlands, wholly or partially, and excavation in the permanently and semi-permanently flooded
areas of type 3, 4 or 5 wetlands, and in all wetland types if the excavation results in filling,
draining, or conversion to nonwetlands.”
Because the applicant is proposing only excavation in Type 1/2/6 wetlands on the property, and
that the excavation will not exceed a depth of 6.5 feet, this activity is not regulated by the WCA.
This means that this project is not anticipated to result in a net loss of wetland function or value,
and as such, no wetland replacement or mitigation is necessary. The Notice of Decision with this
determination was sent on December 22, 2020.
Section 20-417. – Exemptions and no loss determinations. of the City Code states: “Activities
exempted by Minnesota Rules Chapter 8420.0122 or determined to result in no net loss of
wetlands shall be exempted from the provisions of this article. However, certificates of
exemption or no loss must be obtained from the city prior to starting work.” This means that
activities that result in no net loss of wetlands are exempt from the City’s Wetland Protection
Article and thus exempt from the Wetland Alteration Permit process. This project qualifies for
this exemption. This section of the City Code also states the following: “A person conducting an
activity in a wetland under an exemption shall ensure that:
1. Appropriate erosion and sediment control measures are taken to prevent sediment
discharges from the site;
2. The activity does not block fish activity; and
3. The activity is conducted in compliance with all other applicable federal, state, and local
requirements, including best management practices as listed in Minnesota Rules Chapter
8420.0112, and water resource protection requirements established under M.S. § 103H.
Numbers 1 and 3 listed above are listed under the Water Resources Conditions below. Number 2
listed above is not anticipated to apply to this project as the current wetland is not fish habitat
and no proposed activities are anticipated to block fish activity.
Planning Commission
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January 5, 2021
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Wetland Alteration Area
INTERIM USE PERMIT
The Engineering Department has reviewed the IUP submittal for excavation associated with the
Erhart/Blanski/City Wetland Alteration” submittal. These comments are divided into two
categories: general comments and proposed conditions. General comments are informational
points to guide the applicant in the proper planning of public works infrastructure for this project,
to inform the applicant of possible extraordinary issues and/or to provide the basis for findings.
Proposed conditions are requirements that Engineering recommends be formally imposed on the
Planning Commission
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January 5, 2021
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applicant in the final order. Note that references to the “City Standards” herein refer to the City
of Chanhassen Standard Specifications and Detail Plates.
General Comments/Findings
1. Any and all erosion control, utility and transportation plans submitted with this
application have been reviewed only for the purpose of determining the feasibility of the
project in accordance with City Standards. A recommendation of IUP approval does not
constitute final approval of details, including but not limited to alignments, materials and
points of access, connection or discharge, that are depicted or suggested in the
application. The City of Chanhassen Engineering and Public Works Department will
review plans, in detail, when they are submitted and approve, reject or require
modifications to the plans or drawings based upon conformance with City Standards, the
Chanhassen Code of Ordinances and the professional engineering judgment of the City
Engineer.
2. It is the opinion of the Engineering Department that the proposed IUP application can be
developed in accordance with the requirements of the Chanhassen Code of Ordinances
as it pertains to Engineering and Public Works requirements) and City Standards,
provided it fully addresses the comments and conditions contained herein, and can be
approved.
3. The applicant is proposing to excavate approximately 21,200 cubic yards of material
from an existing wetland along with placing the excavated wetland spoils on a portion of
parcel 25155022 (the applicant’s 114.54 acre property). The proposed request is to
complete the excavation of an existing wetland (Wetland 2) during winter months to
create a basin for a permanent water storage area along with the enhancement of the
visual aesthetic of the existing wetland. The plans provided propose no net increase or
decrease in the size or footprint of the wetland. The applicant has also provided erosion
control plans in general conformance with Sec. 19-145 as required by City Ordinance.
However, minor amendments to the provided plan will be required to best protect down
gradient wetlands and sensitive environmental areas, e.g. the placement of two rows of
silt fence adequately installed adjacent and abutting wetlands, etc. See proposed
condition 1 and 2.
4. The erosion control plans provide an estimate of 3.669± acres of disturbance associated
with the proposed grading activities. To guarantee compliance with the plan, and related
remedial work, a cash escrow or letter of credit shall be furnished to the City before any
site grading commences. In accordance with sec. 19-145.(d), the security is calculated
based on the allowable, per parcel, amount of $7,500.00 per acre. Based on the disturbed
area, this will equate to $27,517.50. See proposed condition 3.
5. Based on several pre-application meetings regarding possible future development of
parcel 25155022, staff has concerns regarding the location of the wetland spoils stockpile
and haul route. While the haul route is feasible, it is recommended that the alignment and
location be reconsidered in conjunction with the future build-out of the area (future
wetland buffers, potential rear yard areas, future street connections, etc.). Ultimately, the
proposed haul route is adjacent to wetlands and preventative measures to assure minimal
compaction should be pursued to promote the long-term health of the surrounding natural
environment (i.e. a restoration plan, preventative compaction measures such as ground
Planning Commission
Outlot A, Butternut Ridge Add. IUP WAP – Planning Case 2021-03
January 5, 2021
Page 7 of 10
protection mats over wood mulch, etc.). Additionally, while the location of the wetland
spoil stockpile is ultimately the purview of the applicant, it currently is being placed
within the path of a potential public road extension. As wetland soils, or hydric soils, are
anticipated to be the predominately excavated material and are typically high in organic
materials, they do not lend themselves to suitable road subgrades. It is the understanding
of staff that the location of the wetland spoil stockpile is temporary, and as such, the
proposed stockpile area will need to be surveyed before and after placement to delineate
the boundary of material placed. This will ensure that once the material is relocated it
will not serve as subgrade to future road extensions within the parcel. See proposed
condition 4.
6. The proposed wetland where excavation is to occur is adjacent to single-family homes,
thus staff recommends permitted hours of operation to be in accordance with Sec. 13-
52.(c) particular to “Construction activities in conjunction with new developments…”.
See proposed condition 5.
7. The applicant’s narrative and plans indicate that all work associated with
dredging/grading of the wetland will be completed in the winter with final stabilization of
all areas in late spring or early summer. Thus, staff feels it adequate for the IUP to be
approved for a period of one (1) year from the date of approval. See proposed condition
6.
8. The proposed development will exceed one (1) acre of disturbance and will, therefore, be
subject to the Minnesota Pollution Control Agency’s (MPCA) General Permit
Authorization to Discharge Stormwater Associated with Construction Activity Under the
National Pollution Discharge Elimination/State Disposal System (NPDES Construction
Permit). Along with the MPCA’s NPDES Construction Permit, other jurisdictional
authorities’ rules may be triggered requiring additional permitting. See proposed
condition 7.
Landscaping and Tree Preservation
The city-owned parcel at the northwest corner of Wetland 2 has both upland and wetland natural
communities. The woods on the city property are a mix of lowland tree species such as ash,
boxelder and elm along with buckthorn. The woods are not high quality by forestry standards
but are highly valuable for wildlife habitat as well as valuable to neighboring properties as
screening from Highway 101. Wildlife habitat in the adjacent subdivision has been severely
impacted so that any small area of sanctuary is needed and highly beneficial. Additionally,
Highway 101 will continue to increase in use and a visual buffer aids the neighboring properties
in quality of life and home value. Staff does not recommend the removal of the wooded area for
the dredging of the pond.
The applicant has submitted a plan showing tree removal for the purpose of excavating a
wetland, creating a haul route and stockpiling dredged material. Existing conditions in the
upland area surrounding the wetlands are fully wooded with native species, such as oak, maple,
linden, elm, ash and others. The woods are generally of high quality with minimal scattered
areas of invasive species, mainly buckthorn. The property area is eventually proposed to be
developed as low density residential with lots potentially backing up to the wetlands. The
applicant’s haul route is being located in the future rear yards of the home lots thereby reducing
Planning Commission
Outlot A, Butternut Ridge Add. IUP WAP – Planning Case 2021-03
January 5, 2021
Page 8 of 10
the quality of woods and yard because of tree loss and construction impact. Staff recommends
that either best management practices be required to minimize all effects of tree removal and
compaction along the route or the route be relocated to the future roadway alignment.
Realigning it would protect the high quality woods for the future placement of homes and take
advantage of an existing private ATV trail.
A site inspection revealed that the applicant has already removed trees in the wetland buffer, the
haul route and the stockpile area. The buffer and haul route would have been untouched by the
potential development of the site and provided future home sites with beautiful, wooded rear
yards. With the excavation project, these rear yard areas have now been de-forested and will
suffer buckthorn invasion as well as challenging regeneration of native trees due to compaction.
Soil compaction within the haul route will be detrimental to the adjacent wetland as it will
increase runoff, decrease natural infiltration, and impact the health of nearby trees and
vegetation. It will be important to the long-term health of the site that the impacts to soil and
vegetation in the buffer and haul route be minimized as much as possible or eliminated
altogether. Staff recommends that if the proposed haul route is allowed in its proposed location
then a restoration plan that includes native tree and shrub plantings throughout the buffer and
haul route be required. Additional de-compaction measures will be required as well, if needed.
A tree inventory was not provided with the plans. The restoration plan does not include any trees
or other plantings. Only seeding of disturbed areas has been included. Staff recommend that if
the haul route is not relocated, then the route shall be replanted with native species along the
entire route.
RECOMMENDATION
Staff recommends that the Planning Commission approve the Interim Use Permit to permit as
shown on the plans prepared by Alliant Engineering, Inc., subject to the following conditions and
adoption of the attached Findings of Fact and Recommendation:
Engineering
1. The applicant and their Engineer shall work with city staff in amending the Erosion and
Sediment Control Plans, dated December 4, 2020, prepared by Mark Rausch, PE with
Alliant Engineering, Inc., to fully satisfy Sec. 19-145 of City Ordinance and address any
staff concerns.
2. All erosion control reviewed and approved in conjunction with Condition 1 shall be
installed prior to the initiation of any site grading. Inspection and approval by the city of
the installed erosion control measures must be had prior to grading operations.
3. The applicant shall supply a cash escrow or letter of credit in the amount of $27,517.50
prior to grading operations.
4. A survey of the proposed stockpile location shall be provided before grading operations
and after grading operations to delineate the total area and volume of material stockpiled
in conjunction with this Interim Use Permit.
5. Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and
9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or public holidays.
Planning Commission
Outlot A, Butternut Ridge Add. IUP WAP – Planning Case 2021-03
January 5, 2021
Page 9 of 10
6. The Interim Use Permit shall be approved for a period of one (1) year from the date of
City Council approval. The applicant will need to request a formal extension 60 days
prior to the expiration date of the Interim Use Permit.
7. The applicant shall apply for and obtain permits from the appropriate regulatory agencies,
as necessary, i.e. Riley Purgatory Bluff Creek Watershed District, Carver County,
Minnesota Pollution Control Agency, Minnesota Department of Natural Resources,
Army Corps of Engineers, etc. and comply with their conditions of approval.
Environmental Resources
1. Wherever erosion control measures are not present, the applicant shall install tree
protection fencing at the edge of grading and hauling limits throughout the entire project
haul route and stockpile area prior to any work being done.
2. Unless there are frozen soil conditions as determined by the City, the applicant shall
install ground protection mats with an underlayment of shredded wood mulch on the
entire length of the haul route. The mats will require an inspection by the city prior to
use.
3. The applicant is required to submit a restoration plan that includes the replacement of
trees within the buffer area and the haul route. The quantity shall be determined to match
the existing density occurring in the forest outside of the construction limits.
4. Soil compaction tests shall be taken and levels documented post construction. If soil bulk
density exceeds limits to plant growth (1.0g/cc), then appropriate restoration method shall
be employed such as aeration as directed by the city.
5. No vegetation outside of the wetland boundary shall be removed on city property.
6. No access to the project site shall be allowed through city property.
7. The applicant is required to submit a restoration plan that includes the replacement of
trees within the buffer area and the haul route. The quantity shall be determined to match
the existing density occurring in the forest outside of the construction limits.
8. The removal of the wooded areas for the dredging of the pond shall not be permitted on
the city owned parcel and should be preserved on the other two parcels.
Water Resources
1. The applicant must limit all grading to the wetland boundary. No grading or vegetation
removal is allowed beyond the wetland into the upland.
2. The wetland boundary must be completely flagged and walked with the city’s Water
Resources Coordinator before any construction activities can begin.
3. Erosion and sediment control measures must be adequately in place before construction
begins.
Planning Commission
Outlot A, Butternut Ridge Add. IUP WAP – Planning Case 2021-03
January 5, 2021
Page 10 of 10
4. No grading is permitted in the Type 3 portion of Wetland 2 (see plans for further details).
Area of non-disturbance must be flagged prior to construction and approved by the City’s
Water Resources Coordinator.
5. The applicant shall apply for and obtain permits through the Riley Purgatory Bluff Creek
Overlay District, including dredging, floodplain,
ATTACHMENTS
1. Findings of Fact and Recommendation
2. Development Review Application
3. Narrative
4. Grading Plan
5. Survey
6. No-Loss Application Notice of Decision
7. RPBCWD Wetland Comment Letter
8. Public Hearing Notice and Mailing List
g:\plan\2021 planning cases\21-03 erhart wap and iup\staff report erhart iup wap.doc
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Black Cherry Development LLC for an Interim Use Permit for excavation of
existing wetland along with excavated borrow being placed on a location within the parcel.
On January 5, 2021, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Black Cherry Development LLC for an Interim Use
Permit for the property located at Outlot A, Butternut Ridge Addition, (PID 25.1550022) and
Outlot E, Foxwood (PID 25.2990510, city-owned) and 9197 Eagle Ridge Road PID 250240811.
The Planning Commission conducted a public hearing on the proposed conditional use and was
preceded by published and mailed notice. The Planning Commission heard testimony from all
interested persons wishing to speak and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Agricultural Estate District, A-2.
2. The property is guided by the Land Use Plan for Residential Low Density use.
3. The legal description of the property is: Outlot A, Butternut Ridge Addition and Outlot
E, Foxwood Addition.
4. Section 20-232:
a. The proposed use will not be detrimental to or enhance the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city. The
proposed grading will enhance the aesthetics of the area.
b. The proposed use will be consistent with the objectives of the city's Comprehensive
Plan and the zoning ordinance by preserving and enhancing the wetland function and
value.
c. The proposed use will be designed, constructed, operated and maintained so to be
compatible in appearance with the existing or intended character of the general
vicinity and will not change the essential character of that area. The proposed pond
will enhance the appearance of the area.
d. The proposed use will not be hazardous or disturbing to existing or planned
neighboring uses. The proposed use will enhance the planned neighboring uses.
2
e. The proposed use will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water
and sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use.
f. The proposed use will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community. The
storage capacity of the wetland will improve stormwater management for the area.
g. The proposed use will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare because of excessive production of traffic, noise, smoke, fumes,
glare, odors, rodents, or trash.
h. The proposed use will have vehicular approaches to the property which do not create
traffic congestion or interfere with traffic or surrounding public thoroughfares.
i. The proposed use will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance.
j. The proposed use will be aesthetically compatible with the area.
k. The proposed use will not depreciate surrounding property values.
l. The proposed use meets standards prescribed for certain uses as provided in Chapter
20, Article IV of the City Code.
5. The Planning Commission shall recommend an Interim Use Permit and the City C ouncil
shall issue an Interim Use Permit only if it finds, based on the proposed location, that:
a. The use meets the standards of a Conditional Use Permit set forth in Section 20-
232 of the City Code.
b. The use conforms to the zoning regulations.
c. The use is allowed as an interim use in the zoning district.
d. The date or event that will terminate the use can be identified with certainty upon
completion of the grading and restoration.
e. The use will not impose additional costs on the public if it is necessary for the
public to take the property in the future.
f. The user agrees to any conditions that the City Council deems appropriate for
permission of the use.
6. The planning report #2021-03 dated January 5, 2021, prepared by Robert Generous, et al,
is incorporated herein.
3
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Interim Use
Permit to permit the excavation of the wetland and storage of soil on the property in anticipation
of the eventual development of the site subject to the conditions of the staff report.
ADOPTED by the Chanhassen Planning Commission this 5th day of January, 2021.
CHANHASSEN PLANNING COMMISSION
BY:___________________________________
Steven Weick, Chairman
g:\plan\2021 planning cases\21-03 erhart wap and iup\findings of fact erhart.docx
Section 1: Application Type (check all that aPPly)
Suornitral Date: l]}O PC Date:cc D"blf qs]a-f 6e.Day Review Data:
3/al 2t
32s
I suuoivision1sua1ECreate3lotsor leqs ........................................ $300
E Create over 3 bts......................-$600 + $15 per lot(
lots)
E Metes & Bounds (2 lots)...........................,...... $300
E Lot Line Adjustnent.........................................$150
E Final P|at....... ......-............... $700
lndudes $450 escrow for attomey costs)'
Additiond €56tow may be ]€quired for other applicatilms
tfuor4h the devdopment cdlt-acl
750 E Vacation of Easemenb/Right-of-way (VAC)..'...-. $300
1 0O (Additior|al r€co.ding l€€s may 4ply)
200
Ll
Re.ff, to the ap!,r,odate Arptic,/do,l C,E(r,Jis, fq tqu d stturifial info.naliot thal mN mstwtty this aqdicdiqt)
E Comprehensive Plan Amendment.............,........... $600
E Minor MUSA line for failing on-site sewers..... $1fi)
E Conditional Use Permit (CUP)
Rezoning (REZ)
E Phnned Unit Development (PUD)
Minor Amendment to existing PUD
E CommerciaUlndustrial Districts'$500
Plus $10 per 1 ,000 square feet of building area:(
thousand square feet)
lndude number of gllEDg emdoyees:
lrdude ruEnber of @4 emdoys€s:
n ReskJential Distsicts......................................... $5m)
Plus $5 per dwelling unit ( units)
E Single-Family Residence
El Escrow for Recording Documents (check allthat
E Conditional Use Permit
E Vacation
E Metes & Bounds SubdMsion (3 docs.)
Wetland Alteration Permit (WAP)
E Single-Family Residence......
325
42s
f! Spn ean Review................ ....... $150
E Site Plan Review (SPR)
I Administrative ...................... $100
1s0
275
10o
500
E Al otners.
E Zoning Appeal
El Property Ounrers' List within 5OO' (Oty b gerE atg aner pte.applicatiar meding) .........-. :.:....-.-...........-............ $3 per addless
70 addresses)
E Zoning Ordinance Amendment (ZOA)
XgfE: When muhiple applicati,ons arc processed concufier ry'
the approprlate tee shdl be chaIgsd for each apPllcadon.
50 per document)
Dtr
lnterim Use Permit
variance
Easements L__ easements)
E Site Plan Agreement
E Wetand Alteration Permit
E Deeds
TOTAL FEE:$'r,210 00
COTTUTITY DEVELOPI EI{T DEPART EI{T
Planning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-1 100 / Fax: (952) 227-1110
CITY OT CHAI{HASSXil
APPLICATION FOR DEVELOPMENT REVIEW
Section 2: Required lnformation
Description of Proposal: proposed excavaton of an existing wetand with bonow excavation placed on existing adjacent
Property.
property Address or Location:
Parent Parcel is, E of Poflefs Blvd, w of Great Plains Blvd, s of Foxwood hvelopment, N '
Parcel #:2s1550022 Legal Description:
See Attached
Total Acreage:
112.74 Wetands present? Z yes E tto
Present Zoning:
Single-Famity Residential District (RSF)
Requested Zoning:
Not Applicable
Present Land Use Designation .
Residential Low Density Requested Land Use Desig nr1;on. Not ApPlicable
WetlandandresidentialExistingUseofProperq/:
ECheck box if separate narative is attach€d.
E tnterim Use Permit (lUP)
ln conjunction with Single-Family Residence..
E ett ottrers......
Section 3: Property Owner and Applicant lnformation
APPLICANT OTHER THAN PROPERTY OWNER: ln signing this application, l, as applicanl, represent to have obtained
authorization from the property owner to lile this application. I agree lo be bound by conditions ol approval, subiect only to
the right to object at the hearings on the application or during the appeal period. lf this application has nbt b€en signed by
the property owner, I have attached separate documentation of full legal capacity to file the apptication. This application
should bs processed in my name and I am lhe party whom ths City should contact regarding any matter pertaining to this
application. I will keep myself informed of the deadlines for submission of material and lhe progress of this application. I
further understand lhat additional fees may be charged for consulting fees, feasibility studies, elc. with an eslimate prior to
any authorization to proceed with the study. I certify thal the information and exhibits submitted are true and correct.
Black Cherry Development, LLC
Contact
Phone:
City/Statezip
Email:
Signature
PROPERTY OWNER: ln signing this applicalion, l, as property owner, have full legal capacity to, and hereby do,
aulhorize the filing of this application. I understand that 6onditions of approval are binding and agree to be bound by those
conditions, subject only to the right to obiect at the hearings or during the appeal periods. I will keep myself informed of
the deadlines for submission ol material and the progress ol this application. I further understand that additional fees may
be charged for consulling fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the
study. I certify that the information and exhibits submitted are true and correct.
Name
Black Cherry Development, LLC
Contact:
Phone:
Tim Erharl
Address
14500 Martin Drive, Ste. 3000
Eden Prairie, MN. 55344 (612) 963-0733
Cell:
Fax.
Date
City/Statezip
Email:
tefiart@riekor.com
Signature
PROJECT ENGINEER (if applicable)
Name: Alliant Engineering, lnc
Cell:
Fax:
Oale
Contact:
Phone:
11t30t20
Mark Ra[s.:h
612) 767-9339
City/Statezip:
Email
733 Marquette Ave. Ste. 700
Minneapolis, MN. 5902
mrausch@alliant-inc.com
Cell
Fax
This application must be completed in lull and musl be accompanied by all information and plans required by
applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist
and confer with the Planning Departmenl to determine the specific ordinance and applicable procedural
requirements and tees.
A determination ot completeness of the application shall be made within '15 business days of applicalion submittal. A
wrilten notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
E Property owner via: E Email
E Applicant Yra: E Email
I Engineer Via: E Email
E ouer Via: E Email
n Maited Paper copy
n Mailed Paper copy
I Mailed Paper Copy
I uailed Paper Copy
Who should receiye copies of staff reports?'Olher Contact lnformation:
Nams: Dan Blake
INSTRUCTIONS TO APPLICANT: Com plete all necess8ry form fields, lhen select SAVE FoRM lo save a copy to your
device. PRINT FORM and deliver to city along with required documenls and payment. SUBMIT FORM to send a digital
copy to the city for processing
SAVE FORM PRINT FORM SUEMIT FORM
Name:
Add-o..
Address:
Soclion 4: Notification lnformation
Address: _
city/state/ziD:
Email: danblake@Demtom.com
CHANHASSEN, MINNESOTA
December 4, 2020
SITE INFORMATION
PID & Acreage Parcel I : 251550022 - 112.78 acres - Tim and Dawne Erhart
Parcel 2: 250240811 - 3.67 acres - David & Mary Blanski
Parcel 3: 252990510 - 1.66 acres - Citv of Chanhassen
Wetland Management
The wetland (Wetland 2) to be modified exists partially within three parcels noted above. The
wetland limits have been delineated by Kjolhaug Environmental Services Company May 12,
2020. T?ie City of Chanhassen approved the delineation on August 7,2020. Wetland 2 was
classified as a manage 2 as previously reviewed by the City and Riley Purgatory Bluff Creek
Watershed District with the Foxwood subdivision approval and as defined in the City's Surface
Water Resource Plan.
ERIIART / BLANSKI / CITY PROPERTY
WETLAND ALTERATION AND INTERIM USE PERMIT
SUBMITTAL NARRATf\'E
Work Area Location: E of Powers Blvd, W of Great Plains Blvd, S of Foxwood Development, N
ofw 96s St.
DESCRIPTION OF INTERIM USE PERMIT REQUEST
The request for interim use permit is for the proposed excavation of an existing wetland along
with excavated borrow being placed on a location within the Erhart parcel. The proposed request
is to complete the excavation of an existing wetland (Wetland 2) during winter months to create
a basin for a pennanent water storage area. The applicant is proposing the work to enhance the
visual appearance of the existing wetland, but the work will additionally provide hydrologic
flood storage in excavated basin as well. The excavated borrow material from the wetland will be
placed on the Erhart parcel property. The wetland modification will not result in a net increase
or decrease in the size of the wetland. The propose wetland alteration is simply adding depth to
the wetland to create a watff storage pool. The application provides a proposed grading plan that
shows the maximum grading work possible, with no excavation or permanent impact outside of
the wetland delineation limits. The actual grading work will be completed as 'field fit'
construction process to allow flexibility in deviating from plans based on existing conditions. At
no point will the proposed grading limits exceed what is shown in the civil engineering plans.
Contmctor to work with the applicant, landowner representatives, wetland scientist and relevant
regulatory authorities when completing grading activity to provide the desired result for all.
lnterim Use Permit December 4, 2020
Wetland Alteration - Chanhassen, MN Page I of 3
Local Govemmental Unit
City ofChanhassen Riley Purgatory BluffCreek Watershed District
Wetland
Classificalion
Buffer Strip
Requirement
Accessory
Structure
Setback to
Buffer
Average Base
Buffer Width
Requiredr
Min. Avg Base
Buffer Width
Required2
MANAGE 2 20 30 t5 MEDIUM 40 20
INTERIM USE PERMIT I2 GENERAL STANDARDS JUSTIFICATION
Check to City findings for granting an Interim Use Permit (pursuant to City Subdivision Code
Section 20-321):
a. The wetland alteration will not be detrimental to or endanger the public health, safety,
comfort, convenience, or general welfare ofthe neighborhood or the city. The excavation
of the wetland is following all SWPPP regulations and guidelines. The wetland is being
graded with a 10' l0:l slope of the edge to ensure future safety of the public. The
alteration of the wetland will not be an inconvenience to the neighborhood or the city.
The wetland alteration will provide more value to sr[rounding neighbors as the visual
appearance of the wetland will be more appealing to the public and visitors to the city.
The construction will be during winter months as to have minimal impact.
b. The wetland alteration has no effect on the objectives ofthe city's comprehensive plan.
c. The wetland has been designed and will be constructed and maintained to be compatible
to the surrounding existing wetlands.
d. The existing wetland does not have a planned use in the neighborhood. The wetland
alteration will not be hazardous in any way to the neighborhood.
e. The wetland will visually serve all travelers along Great Plains Blvd (TH 101). The
Wetland is also visible from Eagle Ridge Road. The city will maintain access with the
owned City owned Outlot in the Foxwood Development. New property owners in the
proposed conceptual development will have an enhanced view of the altered wetland.
f. The wetland has no requirements for any public facilities. The alteration of the wetland is
being privately funded and will increase the value ofhomes in the area.
g. The wetland alteration will not be detrimental to any persons or property because of
noise, smoke, fumes, glare, odors, rodents, or trash. The contractor will complete all
activities in accordance with City code.
h. The wetland currently does not have any approaches. The wetland alteration will not be
adding any approaches that may alter traffic in any manner.
i. The wetland is currently not of historic significance.
j. The altered wetland will have a very similar aesthetic look of surrounding wetlands.
k. The wetland alteration will not depreciate surrounding property values.
l. The wetland alteration is will meet all city requirements and standards.
Interim Use Permit December 4. 2020
Wetland Alteration - Chanhassen, MN Page 2 of 3
Principal
Structure
Setback to Buffer
Wetland
Classification
Notes:
l.) The wetland buffer calculations for future subdivision will be provided with the subdivision application.
CONCLUSION
The applicant respectfully concludes that the request for interim use permit will maintain
existing total wetland area. The proposed modification will result in a wetland classification
consistent with the existing wetland, not reduce hydrologic capacity in the wetland and fits
within the City's goals and objectives for this area.
December 4
Wetland Alteration - Chanhassen, MN Page 3 of 3
HAWKCRESTCOURT
HAWKCRESTCIRCLEEAGLERIDGE
ROADINFILTRATION BASIN 2WETLAND
2T.H 101PROJECTLOCATIONWETLAND ALTERATIONPERMIT733
1413122987653211119876BLOCK55OUTLOT
COUTLOTDOUTLOTEOUTLOTEOUTLOTCBLOCK3BLOCK4HAWKCRESTCOURTHAWKCRESTCIRCLE4BLOCK2BLOCK512EAGLE
RIDGE
ROADINFILTRATION
BASIN 2FL / FW /
LW / LW / LW/LWW L /
FSW / F
111512143131617181229876532111198746BLOCK55OUTLOT
COUTLOT DOUTLOT EOUTLOT
EOUTLOT CBLOCK 3BLOCK
4HAWKCREST
COURT HAWKCREST CIRCLE4BLOCK 2BLOCK 1OUTLOTABLOCK512OUTLOT
232111198OUTLOTDOUTLOTEOUTLOT
EBLOCK 4BLOCK 512EAGLE
RIDGE
ROADINFILTRATION BASIN 2INFILTRATION BASIN 2BOTTOM
EL 891TOPEL891.
434113529876210789BLOCK 1BLOCK 2BLOCK
3OUTLOT AWETLAND 3CLASSIFICATION ASSUMED:MANAGE
2 - CITY, MEDIUM - RPBCWDBUFFER
BLOCK3BLOCK
4HAWKCREST COURTBLOCK 5EAGLE
RIDGE ROAD WETLAND
3CLASSIFICATION ASSUMED:MANAGE 2 - CITY,
MEDIUM - RPBCWDBUFFER REQUIREMENTS:20' MIN.,
ROCK CONSTRUCTION ENTRANCEWASHED ROCK ORWOOD/
MULCH PERSPECIFICATIONS18" MINIMUM
CUT OFF BERM TOMINIMIZE RUNOFF FROM SITENOTES:
BLOCK3BLOCK
4HAWKCRESTCOURTBLOCK5EAGLE
RIDGE ROADINFILTRATION BASIN
2INFILTRATION
BASIN 2BOTTOM EL 891TOP EL
891.24
mi OARD OF WATER
ND SOtt RESOURCES
Minnesota Wetland Conseruation Act
Notice of Decision
WCA Decision Type - check all that a
Replacement Plan lmpacts (replacement plan decisions only)
Total WcA Wetland lmpact Area:
Bank Account Number(s):
Technical Evaluation Panel Findings and Recommendations (attach if any|
Local Government Unit: City of Chanhassen County: Carver County
Applicant Name: Timothy A & Dawne M Erhart
c/o Dan Blake
Project Name: Erhart Property Wetland Delineation LGU Project No. (if any): 2020-07
Date complete Application Received by LGU. 07 /o7 /2020
Date of LGU Decision: O8/O7 /2O2O
Date this Notice was Sent: 08/07 /2O2O
E Wetland Boundaryflype E Sequencing
No-Loss (8420.0415)
Part:!AtrB trCtrDtrE DF trC trH
E Replacement Plan E Bank Plan (not credit purchase)
E Exemption l8/.zO.O42Ol
Subpart:f)2 tr 3tr4tr5 tr 6 !7 tr8tr9
X Approve I Approve w/Conditions EDeny E NoTEP Recommendation
LGU Decision
X Approved with Conditions (specify below)1
List Conditions:
E Approvedl
Decision-Maker for this Application: I Staff E Governing Board/Council ! other
Decision is valid for: X 5 years (defauh) tr other (specify):
1
wetlond Replocement Plon opprovotis not volid untilBWSR confi.ms the withdtowolof ony rcquircd wetlond bonk ctedits. Fot project-
specific replacement o finonciol assuronce per MN Rule 8420.0522, Subp. 9 and evidence thot oll requircd forms hove been recorded on
the title of the Wopefty on which the rcplocement wetlond is locoted must be provided tothe LGU Jot the opptovolto be volid.
LGU Findin - Attach document(s) and/or insert narrative providi the basis for the LGU decisionl
1 Findings must considet any TEP rccommendotions
Attached Project Documents
BWSR NOD Form - November t2,2Ot9 1,
X Attachment(s) (specify) :
X Summary: Four wetlands were delineated on the property. The wetland types are as follows: Wetland 1-
Type 1, Seasonally flooded basin; Wetland 2-Iype 6/2/3, Shrub-carr, wet meadow, shallow marsh; Wetland 3
Type 2/3/5, Wet meadow, shallow marsh, open water; and Wetland 4 - Type 6/3/5, Shrub-carr, shallow
marsh, open water. ln addition to those wetlands, one constructed stormwater basin was delineated along
with a small tributary that connects Wetland 2 and Wetland 3. The delineation boundary and type will be
approved upon receipt of the wetland boundary shapefile.
Applicant Representative: The Pemtom Land Company
Wetland Replacement Type: E Project Specific Credits:
E Bank Credits:
Denied
X Site Location Map E Project Plan(s)/Descriptions/Reports (specify):
Appeals of [GU Decisions
lf you wish to appeal this decision, you must provide a written request within 30 ca lenda r da vs of the date vou
received the notice. All appeals must be submitted to the Board of Water and Soil Resources Executive Director
along with a check payable to BWSR for 5500 unless the LGU has adopted a local appeal process as identified
below. The check must be sent by mail and the written request to appeal can be submltted by mail or e-mail.
The appeal should include a copy of this notice, name and contact information of appellant(s) and their
representatives (if applicable), a statement clarifying the intent to appeal and supporting information as to why
the decision is in error. Send to:
Appeals & Regulatory Compliance Coordinator
Minnesota Board of Water & Soils Resources
520 Lafayette Road North
St. Paul, MN 55155
travis.rermundson@state.mn.us
Does the LGU have a local appeal process applicable to this decision?
I Yest E No
1[ yes, oll appeals must fitst be considered vio the locol oppeols process.
Local Appeals Submittal Requirements (LGU must describe how to appeal, submittal requirements, fees, etc. as applicable)
Send S50.00 to 7700 Market Boulevard, PO Box 147, Chanhassen, MN 55317
Notice Distribution (include name)
R uired on oll notices:
tionol or As ble
Signature:
lhrt (hn4*
Datei 08/07 /2O2O
This notice and accompanying application materials may be sent electronically or by mail. The LGU may opt to send a
summary of the application to members of the public upon request per 8420.0255, subp. 3.
2
X SWCD TEP Member: Aaron Finke E BWSR TEP Member: Ben Carlson
l-GU TEP Member (if different than LGU contact):
X DNR Representative: Melissa Collins
X Watershed District or Watershed Mgmt. Org.: Terry Jeffery, Riley Purgatory Bluff Creek Watershed District
B Applicant: Timothy A & Dawne M Erhart
Company c/o Dan Blake; Adam Cameron
X Agent/consultant: The Pemtom Land
X Corps of Engineers:
D BWsR Wetland Mitigation coordinator (required for bank plan applicat ions only):
D Members of the Public (notice only):n other
BWSR NOD Form - Novembet 12,2Ot9
BWSR NOD Form – November 12, 2019 1
Minnesota Wetland Conservation Act
Notice of Decision
Local Government Unit: City of Chanhassen County: Carver County
Applicant Name: Timothy A and Dawne M Erhart
Applicant Representative: Adam Cameron, Kjolhaug Environmental
Project Name: Erhart Property No-Loss Application
LGU Project No. (if any): 2020-18
Date Complete Application Received by LGU: 11/19/2020
Date of LGU Decision: 12/18/2020
Date this Notice was Sent: 12/22/2020
WCA Decision Type - check all that apply
Wetland Boundary/Type Sequencing Replacement Plan Bank Plan (not credit purchase)
No-Loss (8420.0415) Exemption (8420.0420)
Part: A B C D E F G H Subpart: 2 3 4 5 6 7 8 9
Replacement Plan Impacts (replacement plan decisions only)
Total WCA Wetland Impact Area:
Wetland Replacement Type: Project Specific Credits:
Bank Credits:
Bank Account Number(s):
Technical Evaluation Panel Findings and Recommendations (attach if any)
Approve Approve w/Conditions Deny No TEP Recommendation
LGU Decision
Approved with Conditions (specify below)1 Approved1 Denied
List Conditions:
Decision-Maker for this Application: Staff Governing Board/Council Other:
Decision is valid for: 5 years (default) Other (specify):
1
Wetland Replacement Plan approval is not valid until BWSR confirms the withdrawal of any required wetland bank credits. For project-
specific replacement a financial assurance per MN Rule 8420. 0522, Subp. 9 and evidence that all required forms have been recorded on
the title of the property on which the replacement wetland is located must be provided to the LGU for the approval to be valid.
LGU Findings – Attach document(s) and/or insert narrative providing the basis for the LGU decision1.
Attachment(s) (specify):
Summary: The TEP met virtually on December 8, 2020 and concurred with the applicant’s determination
that any excavation will occur in Types 1/2/6 wetlands and will not exceed 6.5 feet in depth. As such, these
activities are not regulated by the Wetland Conservation Act. The No-Loss application is approved.
1 Findings must consider any TEP recommendations.
Attached Project Documents
BWSR NOD Form – November 12, 2019 2
Site Location Map Project Plan(s)/Descriptions/Reports (specify):
Appeals of LGU Decisions
If you wish to appeal this decision, you must provide a written request within 30 calendar days of the date you
received the notice. All appeals must be submitted to the Board of Water and Soil Resources Executive Director
along with a check payable to BWSR for $500 unless the LGU has adopted a local appeal process as identified
below. The check must be sent by mail and the written request to appeal can be submitted by mail or e-mail.
The appeal should include a copy of this notice, name and contact information of appellant(s) and their
representatives (if applicable), a statement clarifying the intent to appeal and supporting information as to why
the decision is in error. Send to:
Appeals & Regulatory Compliance Coordinator
Minnesota Board of Water & Soils Resources
520 Lafayette Road North
St. Paul, MN 55155
travis.germundson@state.mn.us
Does the LGU have a local appeal process applicable to this decision?
Yes1 No
1If yes, all appeals must first be considered via the local appeals process.
Local Appeals Submittal Requirements (LGU must describe how to appeal, submittal requirements, fees, etc. as applicable)
Send $50.00 to 7700 Market Boulevard, PO Box 147, Chanhassen, MN 55317
Notice Distribution (include name)
Required on all notices:
SWCD TEP Member: Ben Drates/Tom Genelin BWSR TEP Member: Ben Carlson
LGU TEP Member (if different than LGU contact):
DNR Representative: Melissa Collins
Watershed District or Watershed Mgmt. Org.: Terry Jeffery, Riley Purgatory Bluff Creek Watershed District
Applicant: Timothy A and Dawne M Erhart
Agent/Consultant: Adam Cameron, Kjolhaug Environmental
Optional or As Applicable:
Corps of Engineers:
BWSR Wetland Mitigation Coordinator (required for bank plan applications only):
Members of the Public (notice only): Eric Trelstad (Replacement Plan Applications only) Other:
Signature: Date: 12/22/ 2020
This notice and accompanying application materials may be sent electronically or by mail. The LGU may opt to send a
summary of the application to members of the public upon request per 8420. 0255, Subp. 3.
protect. manage. restore.
18681 Lake Drive East
Chanhassen, MN 55317
952-607-6512
www.rpbcwd.org
MEMORANDUM
TO: Bob Generous, Senior Planner
FROM: Terry Jeffery, Watershed Planning Manager
DATE: December 23, 2020
RE: Wetland Alteration Permit 2021-003
RPBCWD Comments
Thank you for the opportunity to comment on this proposed wetland alteration. We
received an application on December 18, 2020 and have not yet performed our review.
We will have comments specific to our rules later.
Chanhassen has a long history of wetland protection. Even prior to the Wetland
Conservation Act, the City of Chanhassen codified the protection of wetlands from
degradation with Article VI of Chapter 20 of Chanhassen City Code.
The stated goal and purpose of Article VI is to prevent “alteration and destruction of
wetlands... unless there is no feasible alternative.” [§20-401(b)] Clearly this constitutes
wetland alteration and there is a feasible alternative; leave the wetland as is.
Section 20-402 (3) states the purpose of the article is to “Require(ing) sound
management practices that will protect, conserve, maintain, enhance and improve the
functions and values of wetlands within the community.” Section 20-410 states that
when a wetland alteration is to be allowed the alteration must not have a “net adverse
effect on the ecological and hydrologic characteristics of the remaining wetland” and
shall be located as to minimize the impact on vegetation.”
The proposed alteration will result in the loss of interspersion of plant communities and
the subsequent habitat provision. The excavation will result in the overall watershed
losing diversity and structure and instead will leave primarily type 5, open water wetlands.
Moreover, there is no restoration plan in place to address the plant community within the
excavated area. Nor is there any attempt to provide any habitat variability via undulation
of the excavated area. The proposal does little more than mimic a stormwater pond
rather than seek to improve the functions and values of a wetland.
Even were the City to allow it on private land, it is unclear how this meets the intent of
protecting this area in an outlot during the development of Fox Path to protect the
2
wetland from alteration. Further, the plat of Fox Path utilized better site design to
minimize tree loss where feasible. This proposal will result in removal of up to 1.5 acre of
woodland.
To allow this to move forward is not in keeping with the stated goals of the Surface Water
Management Plan either. Whether the wetland is classified by the City of Chanhassen as
a Manage 1 or a Manage 2 wetland, this proposal is not in keeping with the stated
management strategy in Table 42 of Chapter V of the Surface Water Management Plan.
It is the District’s hope that you will consider the net impact that this will have on habitat
provision and deny this application as it alters and degrades the overall quality of the
wetland.
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
ss.
COUNTYOFCARVER )
I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on
December 21,2020, the duly qualified and acting Deputy Clerk ofthe City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy ofthe auached notice ofa Public
Hearing to consider a request for a Wetland Alteration Permit and Interim Use Permit for
excavation of existing wetland along with excavated borrow being placed on a location
within the parcel. Zoned Agricultural Estate (A2), Planning Case No.202l-03 to the persons
named on attached Exhibit "A", by enclosing a copy ofsaid notice in an envelope addressed to
such owner, and depositing the envelopes addressed to all such owners in the United States mail
with postage fully prepaid thereon; that the names and addresses ofsuch owners were those
appearing as such by the records ofthe County Treasurer, Carver County, Minnesot4 and by
other appropriate records.
Subscribed and
thisl$ day o
m to before me
Kim T. M euwlssen-Depu
JEAil u
t-,2020.
Notary Public
Seal)
l$r.b!t.!!.
Subject
Area
DltcblnEr
This map is neither a lega,ly ccorded map nor a guNey and is not iniended to be used
ar one. illi3 map is a co-mpilbtion ot rEcords. anloamation and data located in varioss city.
orrnw
state ano teoeratifrces and olher sourceg regBrdlng the area 3hown and ls lo
be u;d br rcfe.eoce purposes or y The C y does not wanant that trle Geog6phic
tnbmalbn Sy3Em (GlS) Data used to Prepa.e thls map are ero.lree, and the city does
not reoreseni rrat ure Gls Dala can be used lo. navQatonal tracking or any other
purpose lequrnng e)6ctng rneasurement ol dstance or drreclion or preoson n the
ikd,aion ot seoe6 ,c batures ttre preceding alEdaimer ls povided pu6uanl lo
Mi;nesota SdM;s aas6.o3. subd. 21 (2ooo), end the user of his map acrno*ledges
mat fre Crty snatt n6t te liable for any damagE3. and e)Qressly waiv6 all daims and
aorees lo d;End, ndemn y, and hold harmle$ the City ttom any and alldaim3 bmught
d User. lts employees o( agents. or thlrd partes which anse out ot the users access or
uEe of dal,a Provided.
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This map 6 ncither a legally recotded map nor a sun ey anal is nol inlended to be lr3ed
as one. itris map is a compihtion of recods info.mation and data loaated in variqls crty.
counlv. state and ledeaal 6fices and other soorces regardlng th€ area shown. and rs to
be u3ed br releleoce purposes only. The Ciy does not war.anl that the GeograPhc
lnbrmatbn SFtem (GlS) Oata used to prepare this map are etro( fee, and the Crty does
not reorereni rlat the GIS Data can be used lo. neugattonal kackrng or any other
pu,poie ,equitlng exactng measuaemenl of d6tance oI drrection or p.eosion n he
ddion ot g€o!6Phrc Eature3. The preceding disdairner is provrded pu6uant to
Mi;n6otra Statljtas !a66.03, Subd. 21 (2000), and the user of this map acknodedg€s
thd a|e City shan not be liable for any dameges. and erpessly waaves all daims, and
aore€ to dehnd. indemn Y. and hold hamlegs $e city ftom any and alldaims brought
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