4.6 PCSR 10-25-2016 4 ,
City of
Elk .�
Request for Action
....,„
River
To Item Number
Planning Commission 4.6
Agenda Section Meeting Date Prepared by
Public Hearings October 25, 2016 Chris Leeseberg, Senior Planner
Item Description Reviewed by
City of Elk River—Ordinance Amendment Zack Carlton,Planning Manager
• Ordinance Amendment to allow decks in the Kristin Mroz, Environmental Technician
wetland buffer setback, Case No. OA 16-15 Reviewed by
Action Requested
Recommend, by motion, approval of the Ordinance Amendment as proposed.
Background/Discussion
In the past 16 months, the city has reviewed nine deck variances as they related to setbacks within the
required 45'wetland setbacks (25 foot wetland buffer strip and 20-foot wetland buffer strip setback).
The City Council did not review any of the nine variances as they were all approved by the Board of
Adjustments.
During the City Council meeting on September 19,2016, staff was directed to amend to ordinance to not
apply the 20 foot wetland buffer strip setback, for decks only, on properties platted prior to the adoption
of the wetland setback ordinance on June 19, 2006. The 25-foot wetland buffer strip will be maintained.
During the work session, the City Council asked why only decks would be allowed. The ordinance is in
place to reduce the amount of stormwater runoff that reaches wetlands and retention stormwater ponds.
Increased runoff adds sediments and nutrients from fertilizer to the water,requiring more frequent
cleanouts of city owned infrastructure and an increase in aquatic vegetation and algae. Decks and
permeable pavement will still allow some stormwater to infiltrate into the ground,reducing runoff.
Roofs and non-permeable pavement do not meet these needs.
Furthermore, natural wetlands can fluctuate in size. In times of heavy rainfall or above-average annual
precipitation,wetlands and stormwater ponds may grow. There have been cases in Elk River with
structures set less than 45 feet from a wetland boundary that now see ground saturation up to the
structure. This is a concern for residents in terms of flooding and foundation damage.
Staff is proposing to amend the following language:
Sec. 30-1852. - Performance standards.
(b) Wetland buffer strip setback. A minimum 20-foot setback from wetland buffer strips is hereby established
by the city. No structure (principle or accessory), patio, paving, or other impervious surface shall be
located within this setback. On property that was platted prior to June 19, 2006, uncovered decks and
permeable pavement may be located within this setback. Nature trails, at the 'zity's approval, may be
located within the wetland buffer strip setback.
rOIVEREI r
NATURE
Fences may encroach into the wetland buffer strip setback, but at no time shall they be allowed within
the wetland buffer strip or the delineated wetland.
Financial Impact
None
Council Meeting
If acted on, this item will go to the November 21, 2016, City Council meeting.
Attachments
• Proposed Ordinance
\\dc3-elkr\shared\Departments\Community Development\Planning\Case Files\OA\OA 16-13 Wetland Setbacks\4-Planning Commission\OA 16-
13 sr PC 10-25-16.docx
Sec. 30-1852. -Performance standards.
(a) Wetland buffer strip. A minimum 25-foot buffer strip from the delineated boundary of a wetland
or ordinary highwater level of a stormwater pond is hereby established. Wetland buffer strips
shall meet the following standards:
i. No structure shall be permitted within the wetland buffer strip.
ii. Alterations are prohibited within the wetland and wetland buffer strip, unless a vegetation
management plan or other approval is granted by the city.
iii. The applicant shall establish and maintain wetland and wetland buffer strip vegetation in
accordance with the requirements found in section 30-1853.
iv. The applicant shall maintain the required wetland buffer strip monumentation at each lot
line where it crosses a wetland buffer strip and at 200-foot intervals along the edge of the
wetland buffer strip. Each monument shall state "Wetland Buffer: Under the City Code, no
mowing, clearing or removal of vegetation in the buffer area is allowed. Call the City of Elk
River for more information." The city reserves the right to eliminate this requirement if it
deems it impractical.
v. The city, at its sole discretion, following the city's master park trail plan, may allow nature
trails comprised of natural materials, to be located within the wetland buffer strip.
vi. Leisure activities such as hiking, nature studies, canoeing, boating and horseback riding,
including facilities such as nature trails and docks which allow for such activities are
permitted in the wetland buffer strip.
vii. Final plats for all subdivisions shall provide an easement over all wetlands and wetland
buffer strips for the purposes of identification and protection.
(b) Wetland buffer strip setback. A minimum 20-foot setback from wetland buffer strips is hereby
established by the city. No structure;,(principle or accessory,patio, paving, or other impervious
surface shall be located within this setback. On property that was platted prior to June 19,
2006, uncovered decks and permeable pavement may be located within this setback. Nature
trails, at the city's approval,may be located within the wetland buffer strip setback.
Fences may encroach into the wetland buffer strip setback, but at no time shall they be allowed
within the wetland buffer strip or the delineated wetland.
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