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5.7 PCSR 06-28-1994 (- ) AGENDA ITEM 5.7 ty of I Ilkk_ River MEMORANDUM TO: PLANNING COMMISSION ilFROM: TROY LANGER, PLANNING INTERN DATE: JUNE 28, 1994 SUBJECT: A CONDITIONAL USE PERMIT REQUEST BY TOM WILEY, PUBLIC HEARING, CASE NO. CU 94-22 REQUESTED ACTION Mr. Wiley is requesting a conditional use permit to excavate a pond area within an existing wetland to create a more natural scenic area for wildlife viewing. LOCATION II 10481-203 Avenue NW, Elk River, MN ZONING/LAND USE R-la (Single-Family Rural Residential)/LR (Low Density Residential) ATTACHMENTS Location Map, Zoning Map, Site Map, Proposed Site Plan, Aerial Photograph, Soil and Water Conservation Letter dated June 6, 1994. ANALYSIS Mr. Wiley has submitted a conditional use permit application which is proposing to allow the excavation of approximately 2,000 cubic yards of soil in a wetland area around an existing excavated pond. The pond is a rectangular shaped water body with the dimensions of one-hundred seventy- five (175) feet by fifty (50) feet. Mr. Wiley intends to remove soil around the pond to create a more natural looking pond. The pond and the proposed excavation are within the applicant's property. Because the pond is part of a wetland area that encompasses more than one property, the applicant must 0 proceed through the conditional use process. All excavated soil will remain on site. P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Tom Wiley Page 2 June 28, 1994 • The Department of Natural Resources (DNR), U.S. Army Corps of Engineers, and Sherburne County Soil and Water Conservation District have been notified in regard to this project. Sherburne County Soil and Water Conservation District mentioned that the pond is defined as a wetland by the 1989 Federal Manual for Identifying and Delineating Jurisdictional Wetlands. Concern was mentioned in regard to draining and filling of the wetland area. Mr. Wiley only intends to excavate the area around the pond and fill on a site outside the wetland boundaries. At the time this report was completed, the DNR and Army Corps of Engineers had not responded. This wetland is under the jurisdiction of the Wetland Conservation Act (W.C.A.). The City of Elk River is the local governmental unit implementing that act. EROSION CONTROL Erosion around the wetland should be avoided and all disturbed areas should • be protected by planting sufficient ground cover to contain the soil. Ground cover should be protected as necessary until self sustaining, thereby reducing the chance for excavated material to flow back into the wetland and degrade water quality. Silt fencing would aid the wetland boundaries until the existing vegetation secures soil. DRAINAGE City Engineer Terry Maurer commented on this project and mentioned concern about excavated soil draining back into the wetland area. After reviewing the proposed site for the excavated soil, Mr. Maurer did not anticipate problems that could disrupt existing drainage patterns. SLOPE According to City Code, slopes can not be greater than four (4) feet horizontal to one (1) foot vertical. Mr. Wiley is proposing a five (5) to one (1) slope for the pond area. Currently, the pond is approximately six (6) feet in depth. Newly excavated areas of pond should remain consistent in depth with the existing pond. If • depth of the excavated pond areas exceeds four (4) to five (5) feet, it becomes wiley.troy Tom Wiley Page 3 June 28, 1994 • less desirable for specific wildlife species to take advantage of the wetland habitat. It also helps ensure that the pond is safe in a residential area. EXCAVATED MATERIAL All excavated material will remain on site. The 1991 Wetland Conservation Act prohibits any of the excavated material to be placed back within the wetland boundaries. Therefore, all excavated material must remain outside from the wetland itself. Mr. Wiley is proposing an island within the proposed excavated areas. According to City Code, the island may exist but only if it is an unexcavated area. Mr. Wiley is not allowed to excavate the entire pond area and fill in areas for the proposed island. RECOMMENDATION Staff recommends approval of the conditional use permit to excavate soil from existing pond to enhance wildlife viewing with the following conditions: 1. NONE OF THE EXCAVATED MATERIAL IS PLACED BACK INTO THE WETLAND BOUNDARY. 0 2. ALL SLOPED AREAS SHALL HAVE A MAXIMUM RATIO OF FOUR (4) FEET HORIZONTAL TO ONE (1) FOOT VERTICAL. 3. SLOPED AREAS SHALL BE PLANTED WITH GROUND COVER SUFFICIENT TO CONTAIN THE SOIL. GROUND COVER SHALL BE MAINTAINED AS NECESSARY UNTIL AREA IS SELF SUSTAINING. SILT FENCING BE REQUIRED UNTIL GROUND COVER IS SELF SUSTAINING. 4. POND BE NO DEEPER THAN FOUR (4) TO FIVE (5) FEET IN DEPTH, EXCEPT IN CURRENT POND AREAS, WHERE POND DEPTH IS ESTIMATED AT SIX (6) FEET DEEP. 5. ALL EXCAVATION OR FILLING SHALL NOT DISRUPT THE OVERALL DRAINAGE PATTERNS FOR THE AREA. 6. CONTRACTOR AND PROPERTY OWNER WORK WITH • THE DEPARTMENT OF NATURAL RESOURCES TO wiley.troy Tom Wiley Page 4 June 28, 1994 • CONSTRUCT A POND THAT IS BENEFICIAL TO WILDLIFE. 7. APPROVAL OF THIS RECOMMENDATION BE CONTINGENT UPON APPROVAL BY THE U.S. ARMY CORPS OF ENGINEERS AND THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES. 8. PROJECT BE COMPLETED IN ONE (1) CONSTRUCTION SEASON. 9. HOURS OF OPERATION BE WITHIN CITY CODE REQUIREMENTS. 10. FENCING BE PLACED AROUND EXISTING OAK TREES TO PREVENT DAMAGE WHEN EXCAVATED SOIL IS SPREAD THROUGHOUT THE APPLICANTS PROPERTY. 11. PROPOSED ISLAND REMAIN UNEXCAVATED AREA. • • wiley.troy 1 - 7 1994 • •SHBURNE SOWATER CONSERVATIONERIL DISTRICT 12433 Pine Street • P.O. Box 250 �j� Becker, MN 55308 Tel. (612)261-4445 MINNESOTA SOIL AND WATER CONSERVATION DISTRICTS June 6 , 1994 Thomas O. Wiley 10481 203 Avenue NW • Elk River, MN 55330 Mr. Wiley; Thank you for forwarding a copy of the Combined Notification Form for your proposed project in the NE1/4 , NE1/4 , sec . 23 , City of Elk River According to the National Wetland Inventory and the Sherbune County Soil Survey the site of your proposed project is a wetland as defined by the 1989 Federal Manual for Identifying and Delineating Jurisdictional Wetlands . This • wetland falls under the jurisdiction of the Wetland Conservation Act (WCA) . The WCA prohibits burning, draining, and filling in a wetland except under certain specific circumstances . However, WCA does not prohibit excavation as long as the spoil is removed from the wetland. Fill of up to 400 sq. ft . may also be exempted. Please contact Gary Schimdtz at the Elk River Zoning Office for more information. Since you will be working in a wetland, it is possible that work in this location may be under the jurisdiction of the MN Department of Natural Resources or the US Army Corps of Engineers . Copies of the Combined Notification Form must be given to them also. If you have any questions, please contact me . Sincerely, 6AtA-v1 ryl William Bronder District Technician 111 cc . Gary Schmidtz, Elk River Zoning AN EQUAL OPPORTUNITY EMPLOYER it 111. -� II (/mg'/yV �/7 .❑ CATI LOCATION MAP CASE CU 94-22 �iver P.O. Box 490 • 13065 Orono Parkway • Elk River, V(N 55330 • (61)1""^i-7420 i J LOCATION 1a ver P.O. Box 490.13065 Orono Parkway • Elk River, MN 55330 9 (612) 441-7420 ZONING MAP ® FbeApleb MI Tn F.*atlWnllel ©tll9lrway Commeninl RprkaYturW Camervotlon la� Twp FemYy Rye I Mi 9l SLpN FaMly ReabanWl R3 TowMww/MWtiple Fainly R"WWnM lJ9M IMuevIN M ® S4pie Fainly ReNtlenlW R4 W1UPW Fe y ReeW- Wl MaNum WLy41e1 ® SOYY Y/eals F R17C SLple FemYy ReaMmtMl ®Rem -A lhYl Davebpmanl �T Ifd uVb Fy y ReeWwYW Ci Cen4W CwnmartW Mtem- Tw»r N' ER Slnpb FemYy lbebentW 92 01ry DWky MRwnl Euawlbn CASE CU 94-22 ' ver P.O. Box 490.13065 Orono Parkway • Elk River, MN 55330 9 (612) 441-7420 20487 20452/ r j 20455 �\ \� 10769 / 20375 0 10706 W E\ n a.Urm m 10643 PON® AREA UNDER OONSG®ERATiON i 10481 SITE MAP 13 10601 of a CASE CU 94-22 .kRlver - P.O. Box 490 • 13065 Orono Parkway • Elk River. MN 55330 • (612)-1-7420 - 20436 204311 10723 Ut ❑ 20389 0 10706 W E\ n a.Urm m 10643 PON® AREA UNDER OONSG®ERATiON i 10481 SITE MAP 13 10601 of a CASE CU 94-22 .kRlver - P.O. Box 490 • 13065 Orono Parkway • Elk River. 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