CC Staff Report 10-25-21City Council Item
October 25, 2021
Item
Approve a Request for an Amendment to Interim Use Permit (IUP) to Amend
the Completion Deadline, Haul Route and Storage Area as Part of the Wetland
Modification for Black Cherry Development
File No.Planning Case No. 2021-03 Item No: D.13
Agenda Section CONSENT AGENDA
Prepared By Bob Generous, Senior Planner
Reviewed By Laurie Hokkanen
SUGGESTED ACTION
"The Chanhassen City Council approves an amendment to Interim Use Permit (IUP) 2021-03
extending the completion timeframe, haul route and stockpile site on property located northeast of
775 West 96th Street from January 25, 2022 to July 25, 2022."
Motion Type Simple Majority Vote of members present
Strategic
Priority Development & Redevelopment
SUMMARY
The applicant is requesting an amendment to the IUP permitting the removal of organic soils from the
wetland and the stockpiling of soil on the property to extend the completion date from January 25, 2021,
and to revise the haul route and stockpile site on the properties. The grading plan for the wetland area
has not changed.
Due to the change in the weather last winter with a quick warm up, the applicant was unable to
complete the alteration of the wetland work. They intend to complete the work during this winter's
frozen season. The applicant needs another month to assure completion and then some time in the
spring to get the vegetation re-established. The requested extension will allow the project to be
completed.
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BACKGROUND
On January 25, 2021, the Chanhassen City Council approved the Interim Use Permit to allow site
grading for the wetland and a haul route and stockpile area on the southern portion of the property.
On October 19, 2021, the Planning Commission held a public hearing to review the proposed
amendment to the Interim Use Permit. The Planning Commission voted 5 - 0 to recommend approval of
the revisions. There were no issues or concerns with the proposed amendment.
DISCUSSION
This project started last winter and the sudden warm up forced the applicant to stop work with only half
of it completed. The IUP expires January 25, 2022. The applicant needs another month to assure
completion and then some time in the spring to get everything re-established. They are simultaneously
working on a grading permit for the Erhart Farm property, but the wetland excavation work is separate
from the development grading proposed.
The applicant requested a six-month extension of the IUP to July 25, 2022. Staff is recommending a
one-year extension until October 25, 2022.
In addition to the extension of the timeframe, the applicant is revising the haul route and stockpile
storage area to coordinate it with the proposed residential subdivision of the property.
BUDGET
RECOMMENDATION
Staff recommends that City Council approve the amended Interim Use Permit 2021-03 to allow site
grading by revising the haul route and stockpile location and extending the completion deadline to one
year from City Council approval, subject to the Conditions of Approval, and adopt the Planning
Commission's Findings of Fact.
ATTACHMENTS
Interim Use Permit Grading
Findings of Fact - Signed
Staff Report Black Cherry Development Erhart IUP amendment
10-1-21 Wetland Alteration Plan Update
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES
INTERIM USE PERMIT #2021-03
1.Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby amends and restates Interim Use Permit 2021-03, recorded February 3, 2021, as document
A716938, an interim use for grading per the plans dated October 1, 2021, prepared by Alliant
Engineering.
2.Property. The permit is for the following described property ("subject property") in
the City of Chanhassen, Carver County, Minnesota:
See Exhibit A
3.Conditions. The permit is issued subject to the following conditions:
Engineering
1. 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 of the
Interim Use Permit pursuant to City Code Section 20-321 at least 60 days prior to the
expiration date of the Interim Use Permit.
2. 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.
3. The applicant and their Engineer shall work with City staff in amending the Grading and
Erosion and Sediment Control Plans dated October 1, 2021, prepared by Mark Rausch,
PE with Alliant Engineering, Inc. in the event that the grading permit for the Erhart
Farms subdivision is not approved on October 25, 2021.
4. The applicant shall supply an additional cash escrow or letter of credit in the amount of
$13,500.00 prior to grading operations.
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.
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6. All erosion and sediment control BMPs shall be installed prior to the initiation of any site
grading. Inspection and approval by the City of the installed erosion and sediment
control measures must be had prior to grading operations.
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. No vegetation within the upland or wetland buffer areas of the city property shall be
removed.
2. No access to the project site shall be allowed through City property.
3. The applicant is required to submit a restoration plan that includes the replacement of
trees within the buffer area and the haul route for the original 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 for the
original haul route. If soil bulk density exceeds limits to plant growth (1.0g/cc), then
appropriate restoration methods shall be employed such as aeration as directed by the
city.
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.
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.
4.Termination of Permit. The City may revoke the permit following a public
hearing for violation of the terms of this permit.
5.Lapse. If within one year of the issuance of this permit the authorized construction
has not been substantially completed or the use commenced, this permit shall lapse.
6.Criminal Penalty. Violation of the terms of this conditional use permit is a
criminal misdemeanor.
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Dated: October 25, 2021 CITY OF CHANHASSEN
By:
Elise Ryan, Mayor
By:
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of __________,
2021, by Elise Ryan, Mayor, and Laurie Hokkanen, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by
its City Council.
Notary Public
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
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EXHIBIT "A"
TO
INTERIM USE PERMIT #2021-03
LEGAL DESCRIPTION OF CITY PROPERTY:
Outlot E, Foxwood, Carver County, Minnesota
LEGAL DESCRIPTION OF ERHART PROPERTY:
Parcel 2:
Outlot A, Butternut Ridge Addition, Carver County, Minnesota.
EXCEPTING THEREFROM the following:
Tract A: Outlot A, Butternut Ridge Addition, Carver County, Minnesota; which lies westerly
and northwesterly of Line 1 descripted below:
Line 1: Commencing at the north quarter corner of Section 26, Township 116 North, Range 23
West; thence run east on a azimuth of 89 degrees 58 minutes 40 seconds along the north line of
said section for 523.29 feet to the point of beginning of Line 1 to be described; thence on an
azimuth of 230 degrees 31 minutes 30 seconds for 125.85 feet; thence on an azimuth of 251
degrees 33 minutes 26 seconds for 423.16 feet; thence on an azimuth of 173 degrees 19 minutes
17 seconds for 594.73 feet; thence on an azimuth of 180 degrees 48 minutes 53 seconds for
493.70 feet to a point on the south line of said Track A and there terminating.
ALSO EXCEPTING THEREFROM the following:
That part of Outlot A,Butternut Ridge Addition, Carver County, Minnesota, lying westerly of the
westerly right of way line of Trunk Highway No. 101, MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO.10-46,AND 10-47,according to the recorded
plats thereof,Carver County,Minnesota,and easterly of the following described line:
Commencing at point B7 of said right of way plat; thence South 89 degrees 34 minutes 41 seconds
West,assumed bearing,along the south line of said Outlot A 32.22 feet to the point of beginning of a line
to be described;thence northerly 200.91 feet along a non-tangential curve,concave to the west,central
angle 20 degrees 11 minutes 41 seconds,radius 570.00 feet, chord bearing North 09 degrees 18 minutes
16 seconds West; thence northwesterly 435.88 feet along a compound curve, concave to the southwest,
radius 703.00 feet,central angle 35 degrees 31 minutes 29 seconds;thence North 54 degrees 55 minutes
36 seconds West, along tangent, 516.07 feet to a point on said westerly right ofwaylineandsaid line
thereterminating.
ALSO EXCEPTING THEREFROM the following:
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That part of Outlot A, Butternut Ridge Addition according to the recorded plan thereof, Carver
County, Minnesota lying westerly of a line described as follows:
Commencing at the South corner of Lot 2, Block 4, Foxwood, according to the recorded plat thereof
Carver County, Minnesota; thence on an assumed bearing of North 00 degrees 02 minutes 05 seconds
WestalongtheEast lineofsaid Lot 2 a distance of 189.51 feet to theNortheast comer ofsaid Lot
2 and the point of beginning of said line; thence South 48 degrees 05 minutes 58 seconds East 61.09
feet; thence South 41 degrees 54 minutes 02 seconds West 134.40 feet to the Southwesterly line of
said Lot2 andsaidlinethereterminating.
Also:
That part of Lot 2, Block 4, Foxwood, according to the recorded plat thereof, Carver County,
Minnesota lyingeasterly ofalinedescribed as follows:
Commencing at the Southerly corner of Lot 2, Block 4, Foxwood, according to the recorded plat
thereof, Carver County, Minnesota; thence on an assumed bearing of North 00 degrees 02 minutes 05
seconds West alongtheEastlineofsaidLot2adistanceof189.51 feettotheNortheastcornerofsaid
Lot2 and thepoint ofbeginning ofsaidline; thence South 48degrees 05minutes 58 secondsEast
61.09 feet; thence South 41 degrees 54 minutes 02 seconds West 134.40 feet to the Southwesterly line
ofsaid Lot2 andsaidlinethereterminating.
LEGAL DESCRIPTION OF 9197 EAGLE RIDGE RD:
TRACTA:
That part of the south 732.28 feet of the north 762.28 feet of the Southwest Quarter of the Southwest
Quarter,Section 24, Township 116 North, Range 23 West, Carver County, Minnesota, lying east of
the west 271.79 feet thereof and westerly of the centerline of State Highway No. 101 EXCEPT that
partthereofdescribed asfollows:
Thatpartofthenorth180feetoftheeast16.00feetofthewest287.79 feetoftheSouthwest Quarter
of the Southwest Quarter, Section 24, Township 116 North, Range 23 West, Carver County,
Minnesota, lyingsouth ofthenorth 30.00feetthereof.
TRACT B:
That part of the west 271.79 feet of the north 762.28 feet of the Southwest Quarter of the Southwest
Quarter, Section 24, Township 116 North, Range 23 West, Carver County, Minnesota, and that part of
thenorth 30.00 feetof said Southwest Quarter of the Southwest Quarter,lying east of the west
271.79feetthereofandwesterlyofthecenterlineofStateHighwayNo.101described as:
That part of the north 330.00 feet of the east 16.00 feet of the west 271.79 feet of the Southwest
Quarter of the Southwest Quarter, Section 24, Township 116 North, Range 23 West, Carver
County, Minnesota, lying south of the north 180 fee thereof.
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EXCEPTING from the above Tracts A and B the following:
That part of the Southwest Quarter of the Southwest Quarter of Section 24, Township 116 North,
Range 23 West, shown as Parcel 718 on Minnesota Department of Transportation Right of Way Plat
Numbered 10-19 asthesameisonfileandofrecord intheofficeoftheCounty Recorderinand for
Carver County, Minnesota.
And also excepting:
That part of the South 732.28 feet of the North 762.28 feet of the Southwest Quarter of the Southwest
Quarter of Section 24, Township 116 North, Range 23 West, Carver County, Minnesota, lying
westerly of the westerly right of way line of Trunk Highway No. 101, Minnesota Department of
Transportation Right of Way Plat No. 10-19, 10-46 and 10-47 according to the recorded plats thereof,
Carver County,Minnesota,and easterly of the following described line:
Commencing at the intersection of the South line of said North 762.28 feet and said westerly right of
way line; thence on an assumed bearing of North 89 degrees 53 minutes 00 seconds West for a
distance of16.48 feet alongsaid south line to thepoint of beginning of the line to be described;
thence northerly 360.89 feet along a non-tangential curve, concave to the east, central angle 23 degrees
12 minutes 25 seconds,radius 891.00 feet,chord bearing North 02 degrees 01 minutes 29 seconds
West; thence North 09 degrees 34 minutes 44 seconds East 361.10 feet; thence North 10 degrees 37
minutes 41secondsEast18.22feettotheNorthlineoftheSouth732.28feetoftheNorth762.28 feet
and said linethereterminating.
And also excepting:
Parcel 271 Bon Minnesota Department of Transportation Right of Way Plan Numbered 10-47, Carver
County, Minnesota.
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA -
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Black Cherry Development LLC for an amendment to an Interim Use Permit for
excavation of existing wetland along with excavated borrow being placed on a location within
the parcel.
On October 19, 2021, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Black Cherry Development LLC for an
amendment to the 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 25.0240811). The Planning Commission conducted a public hearing on
the proposed interim 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(A2).
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.
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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.
1. 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 Council
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 October 19, 2021, prepared by Robert Generous, et
al, is incorporated herein.
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RECOMMENDATION
The Planning Commission recommends that the City Council approve the amended
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 19th day of October, 2021.
CHANHASSEN PLANNING COMMISSION
BY:
Mark von Oven, Vice Chairman
g:\plan\2021 planning cases\21-03 erhart iup\arnendment to iup 10-19-21\findings of fact amended iup.docx
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CITY OF CHANHASSEN
PC DATE: October 19, 2021
CC DATE: October 25, 2021
REVIEW DEADLINE:November , 2021
CASE #: 2021-03
BY: RG, EH, JS, MU
SUMMARY OF REQUEST: The developer is requesting an amendment to the 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 Tim and Dawne Erhart
14500 Martin Drive, Ste. 3000 9611 Meadowlark Lane
Eden Prairie, MN 55344 Chanhassen, MN 55317
terhart@riekor.com
PRESENT ZONING: Agricultural Estate District (A-2)
PROPOSED MOTION:
“The Chanhassen Planning Commission recommends that City Council approve the amendment to
the Interim Use Permit to allow site grading by extending the completion deadline to July 25,
2021, and the haul route and stockpile location subject to the Conditions of Approval and adopts
the Findings of Fact and Recommendation.”
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Planning Commission
Outlot A, Butternut Ridge Add. IUP WAP – Planning Case 2021-03
October 19, 2021
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2020 LAND USE PLAN: Residential Low Density
ACREAGE:Approximately 112 acres
DENSITY:NA
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 amendment to the IUP permitting the removal of organic soils
from the wetland and the stockpiling of soil on the property to extend the completion date to July
25, 2021, from January 25, 2021, and to revise the haul route and stockpile site on the properties.
The grading plan for the wetland area has not changed. 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 January 25, 2021, the Chanhassen City Council approved the Interim Use Permit to allow site
grading for the wetland and a haul route and stockpile area on the southern portion of the property.
On August 9, 2021, the Chanhassen City Council approved:
a. The ordinance rezoning the development from Agricultural Estate District (A2) to Single-
Family Residential District (RSF) (Blocks 1 and 2);
b. Preliminary plat with variances
ANALYSIS
This project started last winter and the sudden warm up forced the applicant to stop work with
only half completed. They intend to complete the work during this winter's frozen season.
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Planning Commission
Outlot A, Butternut Ridge Add. IUP WAP – Planning Case 2021-03
October 19, 2021
Page 3 of 10
The IUP expires January 25, 2022. The applicant needs another month to assure completion and
then some time in spring to get everything re-established. They are simultaneously working on a
grading permit for the Erhart Farm property, but the wetland excavation work is separate from
the development grading proposed.
The applicant requested a six month extension of the IUP to July 25, 2022. Staff is
recommending a one year extension until October 25, 2022.
Revised Haul Route and Stockpile area
Erosion and Sediment Control
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Planning Commission
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October 19, 2021
Page 4 of 10
The Engineering Department has reviewed the Amendment to the Interim Use Permit (IUP)
submittal for extending the completion deadline, amending the haul route, and amending the
wetland spoil stockpile area associated with IUP #2021-03. 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 grading and erosion control requirements
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 applicant in the final decision. Note that references to the “City
Standards” herein refer to the City of Chanhassen Standard Specifications and Detail Plates.
General Comments/Findings
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Planning Commission
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1. Any and all grading, 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 amendment
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 proposed 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) with the originally approved IUP (IUP
#2021-03) dated January 26, 2021. The proposed request was to complete the excavation of
an existing wetland (Wetland 2) during winter months of 2020/2021 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 proposed no net increase or decrease in the size or
footprint of the wetland. However, due to weather conditions the work was not completed as
dredging of the wetland required frozen ground conditions. As such the applicant is
proposing an extension to IUP #2021-03, until July 25, 2022. See proposed condition 1.
4. The property is currently in the process of a formal subdivision review (Erhart Farms), and
plans associated with Erhart Farms will require that the current wetland spoil stockpile area
be relocated to a different area of the property owners parcel. The need of relocating the
stockpile, along with other plan recommendations as the property was eventualy intended to
develop, were addressed by staff in the review of the original IUP submittal. The previous
review by staff, dated December 18, 2020, commented:
“Based on several pre-application meetings had 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 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
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Planning Commission
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Page 6 of 10
is relocated it will not serve as subgrade to future road extensions within the parcel. See
proposed condition 4.”
Condition 4 was to provide a survey of the proposed stockpile location before and after grading
operations in order to delineate the total area and volume of wetland spoils stockpiled. This
would have assured that the location of the wetland spoils was documented and all wetland
spoils not suitable for engineering fill could be removed and/or relocated in conjunction with the
future development. The applicant will be submitting another set of plans in pursuit of a mass
grading permit for the Erhart Farms subdivision currently under freview which will require that
the current stockpile location be relocated. However, the same condition will be required of the
newly relocated stockpile area as the newly proposed location is again within the proximity of a
potential future road and other possible public improvements. See proposed condition 2.
5. The applicant has provided updated erosion control plans (ESCP) in general conformance
with Sec. 19-145 as required by City Ordinance. While the ESCP incorporates areas outside
the limits of the proposed grading and haul route associated with the IUP amendment, it is
understood that the applicant will be supplying the City updated grading plans associated
with mass grading of the Erhart Farms subdivision currently under review with the intent of
both grading permits being issued simultaneously (City Council meeting on October 25,
2021). Thus, the ultimate ESCP illustrated on the plan set dated October 1, 2021, would
adequately account for grading on the entire site (both for the IUP amendment and the Erhart
Farms subdivision’s mass grading). However, if the grading permit associated with the Erhart
Farms subdivision is not approved, the applicant will be required to amend the grading,
ESCP and restoration plans to only account for areas associated with the grading operations
necessary for IUP #2021-03. See proposed condition 3.
6. The original erosion control plans provided with IUP #2021-03 dated December 4, 2020, had
an estimated of 3.669± acres of disturbance associated with the proposed grading activities.
To guarantee compliance with the original plans and related remedial work, a cash escrow
was furnished to the City. In accordance with sec. 19-145.(d), the security was calculated
based on the allowable, per parcel, amount of $7,500.00 per acre. Based on the disturbed
area, this equated to $27,517.50. The updated plans will have a total of approximately 5.5
acreas of disturbance, or an approximate difference of 1.8 acres. This equates to an additional
cash escrow of $13,500.00 to guarantee compliance with the additional disturbance
associated with the updated plans. See proposed condition 4.
7. 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.
8. As the extents of the project have increased due to the relocation of the wetland spoils
stockpile and the construction of a new haul route to access the stockpile location, the
applicant must ensure all newly proposed erosion control measures are installed prior to
grading operations recommencing. See proposed condition 6.
9. 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.
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October 19, 2021
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10. It is recommended that as the nature of the updated wetland dredging plans have not
significantly altered from the previously approved plans, that all previous conditions
associated with Environmental Resources and Water Resources reviews remain with the
amended IUP.
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
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.
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Wetland Alteration Area
Landscaping and Tree Preservation
The applicant has provided plans including a tree inventory with grading limits. The proposed
amended project utilizes property that will be included in future development and therefore
causes no further degradation to the existing forested areas of the property, provided that the haul
route and stockpile locations do not deviate from the proposed plans.
RECOMMENDATION
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Staff recommends that the Planning Commission approve the amended Interim Use Permit to
permit as shown on the plans prepared by Alliant Engineering, Inc., dated 9/27/21, subject to the
following conditions and adoption of the attached Findings of Fact and Recommendation:
Engineering
1. 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 pursuant to
City Code Section 20-321 at least 60 days prior to the expiration date of the Interim Use
Permit.
2. 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.
3. The applicant and their Engineer shall work with City staff in amending the Grading and
Erosion and Sediment Control Plans dated October 1, 2021, prepared by Mark Rausch,
PE with Alliant Engineering, Inc. in the event that the grading permit for Erhart Farms
subdivision is not approved on October 25, 2021.
4. The applicant shall supply an additional cash escrow or letter of credit in the amount of
$13,500.00 prior to grading operations.
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.
6. All erosion and sediment control BMPs shall be installed prior to the initiation of any site
grading. Inspection and approval by the City of the installed erosion and sediment
control measures must be had prior to grading operations.
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. No vegetation within the upland or wetland buffer areas of the city property shall be
removed.
2. No access to the project site shall be allowed through city property.
3. The applicant is required to submit a restoration plan that includes the replacement of
trees within the buffer area and the haul route for the original haul route. The quantity
shall be determined to match the existing density occurring in the forest outside of the
construction limits.
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4. Soil compaction tests shall be taken and levels documented post construction for the
original haul route. If soil bulk density exceeds limits to plant growth (1.0g/cc), then
appropriate restoration methods shall be employed such as aeration as directed by the
city.
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.
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. Extension Request
3. Grading Plan
4. Public Hearing Notice and Mailing List
g:\plan\2021 planning cases\21-03 erhart wap and iup\staff report erhart iup wap.doc
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HAWKCREST COURT HAWKCREST CIRCLEEAGLE RIDGE ROADINFILTRATION BASIN 2WETLAND 2EAGLE RIDGE WAY EAGLE RIDGE ROADT.H 101PROJECTLOCATIONWETLAND ALTERATION PERMIT 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700ERHART WETLAND ALTERATIONCHANHASSEN, MINNESOTASUITE 700ALLIANT ENGINEERING, INC.733 MARQUETTE AVENUEMINNEAPOLIS, MN 55402CONSULTANT SURVEYOR ENGINEER PETER GOERSLICENSE NO. 44110MARK RAUSCHLICENSE NO. 43480LANDSCAPE ARCHITECTEM: mrausch@alliant-inc.comEM: pgoers@alliant-inc.comMARK KRONBECKLICENSE NO. 26222EM: mkronbeck@alliant-inc.comDEVELOPER SUITE 3000BLACK CHERRY DEVELOPMENT, LLC14500 MARTIN DRIVE,EDEN PRAIRIE, MN 55344CONTACT: TIM ERHARTCONTACT: DAN BLAKEVICINITY MAPNOT TO SCALEERHART WETLAND ALTERATION
COVER1SHEET INDEX NO.COVER SHEET1EXISTING CONDITIONS2SITE PLAN3WETLAND EXCAVATION/GRADING PLAN4SPOIL PILE/GRADING PLAN5EROSION AND SEDIMENT CONTROL PLAN6EROSION AND SEDIMENT CONTROL NOTES AND DETAILS7RESTORATION PLAN8WETLAND SCIENTISTADAM CAMERONKJOLHAUG ENVIRONMENTALEM: adam@kjolhaugenv.comSERVICES COMPANYWETLAND MANAGEMENT PLAN9254
1413122987653211119876BLOCK 55OUTLOT COUTLOT DOUTLOT EOUTLOT EOUTLOT CBLOCK 3BLOCK 4HAWKCREST COURT HAWKCREST CIRCLE4BLOCK 2BLOCK 512EAGLE RIDGE ROADINFILTRATION BASIN 2FL / FW / LW / LW / LW/LWW L / FSW / F W / LL / WWWW LLWWWWINFILTRATION BASIN 2BOTTOM EL 891TOP EL 891.24 HWL 895.99 HWL 918.69(GREAT PLAINS BLVD.)STATE TRUNK HWY. NO. 101WETLAND ALTERATION PERMIT 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700ERHART WETLAND ALTERATION
EXISTING CONDITIONS2EXISTING CONDITIONS LEGEND: 255
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EX HWL 877.10PR HWL 877.10EX HWL 879.44PR HWL 879.43EX HWL 895.04PR HWL 895.03UNDELINEATED WATERBODYEX HWL 897.30PR HWL 897.30FUTURE BLOCK 2 LOTSFUTURE DEVELOPMENT(GHOST PLAT)GREAT PLAINS BLVD. (TH-101)12OUTLOT ABLOCK 1WETLAND ALTERATION PERMIT 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700SITE LEGEND: ERHART WETLAND ALTERATION
SITE PLAN3 SITE DATA: 256
232111198OUTLOT DOUTLOT EOUTLOT EBLOCK 4BLOCK 512EAGLE RIDGE ROADINFILTRATION BASIN 2INFILTRATION BASIN 2BOTTOM EL 891TOP EL 891.24 HWL 895.9913245BLOCK 1OUTLOT BFILTRATION BASIN 2HWL 882.03WETLAND 2CLASSIFICATION ASSUMED:MANAGE 2 - CITY, MEDIUM - RPBCWDBUFFER REQUIREMENTS:20' MIN.,40' AVG., 80' MAX - RPBCWD20' MIN. + 30' SBK - CITYWETLAND 4OUTLOT ABLOCK 1WETLAND ALTERATION PERMIT 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700GRADING NOTES: GRADING LEGEND: ERHART WETLAND ALTERATION
WETLAND EXCAVATION/GRADING PLAN4TYPICAL GRADING CROSS SECTIONB'-B'ESTIMATED EARTHWORK: NATURAL WETLAND OUTLET CROSS SECTIONC'-C'257
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SPOIL PILE GRADING PLAN5GRADING LEGEND: 258
BLOCK 3BLOCK 4HAWKCREST COURT HAWKCREST CIRCLEBLOCK 2BLOCK 5EAGLE RIDGE ROAD
WETLAND 3WETLAND 2WETLAND 1HWL 904.66WETLAND 4EX HWL 877.10PR HWL 877.10EX HWL 879.44PR HWL 879.43EX HWL 895.04PR HWL 895.03WATERTOWERLOCATION AUNDELINEATED WATERBODYEX HWL 897.30PR HWL 897.30GREAT PLAINS BLVD. (TH-101)DISCHARGE POINT TO LAKERILEY VIA WETLAND(LAKE RILEY IS AN IMPAIRED WATERSWITHIN 1 MILE)WETLAND 2MANAGE 1 - CITY, MEDIUM - RPBCWDBUFFER REQUIREMENTS:20' MIN.,40' AVG., 80' MAX - RPBCWD25' MIN. + 30' SBK - CITYWETLAND ALTERATION PERMIT 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700ERHART WETLAND ALTERATION
EROSION AND SEDIMENT CONTROL PLAN6NOTE TO CONTRACTOR: ACTIVE SWPPP LEGENDVICINITY MAPNOT TO SCALENOTE: INSPECTOR:DURING CONSTRUCTION:EROSION CONTROL PARTIESIMPAIRED WATER REQUIREMENTLEGEND: DNDNOTES: DESIGNER:INSTALLER:259
ROCK CONSTRUCTION ENTRANCEWASHED ROCK ORWOOD/MULCH PERSPECIFICATIONS18" MINIMUM CUT OFF BERM TOMINIMIZE RUNOFF FROM SITENOTES:1. MnDOT 3733 TYPE 4 FILTER FABRIC SHALL BE PLACED UNDER ROCK OR MULCH TOSTOP MUD MIGRATION THROUGH MATERIAL.2. FUGITIVE ROCK OR MULCH WILL BE REMOVED FROM ADJACENT ROADWAYS DAILY OR MORE FREQUENTLY AS NECESSARY.3.CONSTRUCTION ENTRANCE MUST BE CONSTRUCTED PRIOR TO THECOMMENCEMENT OF GRADING OPERATIONS ON THE SITE.4.THE ENTRANCE MUST BE MAINTAINED IN PROPER CONDITION TO PREVENTTRACKING OF MUD OFF THE SITE. THIS MAY REQUIRE PERIODIC TOPDRESSINGWITH ADDITIONAL ROCK, WOOD/MULCH, OR REMOVAL AND REINSTALLATION OFTHE PAD.5.THIS ENTRANCE WILL BE USED BY ALL VEHICLES ENTERING OR LEAVING THEPROJECT.6.THE CONSTRUCTION ENTRANCE WILL BE REMOVED PRIOR TO THE PLACEMENT OFBITUMINOUS SURFACING.PUBLIC ROAD50' MINIMUM LENGTHROCK-6" MINIMUM DEPTHWOOD/MULCH- 12" MINIMUM DEPTH20'
MINIMUM
WIDTHNOTE:ALL SLOPES WITH A GRADE EQUAL TO OR STEEPER THAN 3:1REQUIRE SLOPE TRACKING. SLOPES WITH A GRADE MORE GRADUALTHAN 3:1 REQUIRE SLOPE TRACKING IF THE STABILIZATION METHODIS EROSION CONTROL BLANKET OR HYDROMULCH.UNDISTURBED VEGETATIONTRACKED EQUIPMENTTREADS CREATE GROOVESPERPENDICULAR TO SLOPEDIRECTION.SLOPESLOPE TRACKINGEROSION CONTROL BLANKETINSTALLATIONOVERLAPLONGITUDINAL JOINTSMINIMUM OF 6"OVERLAP END JOINTSMINIMUM OF 6" AND STAPLEOVERLAP AT 1.5' INTERVALS.ANCHOR TRENCH(SEE DETAIL AND NOTES BELOW)ANCHOR TRENCH1. DIG 6" X 6" TRENCH2. LAY BLANKET IN TRENCH3. STAPLE AT 1.5' INTERVALS4. BACKFILL WITH NATURAL SOIL AND COMPACT5. BLANKET LENGTH SHALL NOT EXCEED 100'WITHOUT AN ANCHOR TRENCH6"6"1' TO 3'DIRECTION OFSURFACE FLOWNOTE:SLOPE SURFACE SHALL BE FREE OF ROCKS, SOIL CLUMPS,STICKS, VEHICLE IMPRINTS, AND GRASS. BLANKETS SHALLHAVE GOOD SOIL CONTACT.STAPLE PATTERN/DENSITY SHALLFOLLOW MANUFACTURERSSPECIFICATIONSERHART WETLAND ALTERATION
WETLAND ALTERATION PERMIT
EROSION AND SEDIMENT CONTOL NOTES AND DETAILS 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700EROSION CONTROL SCHEDULE:FINAL STABILIZATION:EROSION CONTROL GENERAL NOTES:POLLUTION PREVENTION MANAGEMENT MEASURES:SEDIMENT CONTROL PRACTICES:MAINTENANCE PROGRAM:EROSION AND SEDIMENT CONTROLWINTER STABLIZATION: DEWATERING: 260
BLOCK 3BLOCK 4HAWKCREST COURT
BLOCK 5EAGLE RIDGE ROADINFILTRATION BASIN 2INFILTRATION BASIN 2BOTTOM EL 891TOP EL 891.24 HWL 895.99WETLAND 3WETLAND 2WETLAND 1HWL 904.66WETLAND 4EX HWL 877.10PR HWL 877.10EX HWL 879.44PR HWL 879.43EX HWL 895.04PR HWL 895.03UNDELINEATED WATERBODYOUTLOT AWETLAND ALTERATION PERMIT 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700ERHART WETLAND ALTERATION
RESTORATION PLAN8LEGEND:SEED PLANTING NOTES: NOTES: 261
151413122987653211119876BLOCK 55OUTLOT COUTLOT DOUTLOT EOUTLOT EOUTLOT CBLOCK 3BLOCK 4HAWKCREST COURT HAWKCREST CIRCLE4BLOCK 2BLOCK 512EAGLE RIDGE ROAD
WETLAND 3WETLAND 2WETLAND 1HWL 904.6611032456789BLOCK 1OUTLOT A WETLAND 4111213141516OUTLOT BOUTLOT EOUTLOT BOUTLOT BBLO
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WETLAND MANAGMENT PLAN9 WETLAND BUFFER CALCULATIONWETLAND SUMMARYWETLAND IMPACT CALCULATIONLEGEND: 262