7.1 PCSR 03-28-2017
Request for Action
ToItem Number
Planning Commission7.1
Agenda Section Meeting DatePrepared by
General BusinessMarch 28, 2017Zack Carlton, Planning Manager
Reviewed by
Item Description
Item Description
Click here to enter text.
Chris Leeseberg, Senior Planner
City of Elk River Ordinance Amendment
Proposal to amend the citys wetland setback
Reviewed by
and buffering ordinance, Case No. OA 17-05
Action Requested
Recommend, by motion, an amendment to the citys zoning code to
requirements for fencing and maintained turf on parcels platted
Background/Discussion
On June 19, 2006, the City of Elk River adopted an ordinance which established buffering and set
requirements from delineated wetlands, and the ordinary high watThe staff
report presented to Council is attached for reference.
As development has picked up over the past few years we have seen a number of variances to
requirements. Additionally, we recently updated this section to
on properties platted prior to adoption of the ordinance, as described in subsection (b). The current
ordinance is shown below:
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
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 bufferess a vegetation
management plan or other approval is granted by the city.
iii. The applicant shall establish and maintain wetland and wetland b
accordance with the requirements found insection 30-1853.
iv. The applicant shall maintain the required wetland buffer strip monumentation at each lo
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:
no mowing, clearing or removal of vegetation in the buffer area is allowed.
Elk River for more information." The city reserves the right to
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
Template Updated 4/14
vi.Leisure activities such as hiking, nature studies, canoeing, boa
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
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 principle or accessory structures, p
impervious surface shall be located within this setback. On propt was platted prior to
June 19, 2006, uncovered decks and permeable pavement can be loc
Nature trails, at the city's approval, may be located within the
Fences may encroach into the wetland buffer strip setback, but at no time shall they be allowed
within the wetland buffer strip or in delineated wetlands.
The city has received a number of questions from builders and homeowners regarding application of the
fence and turf area setbacks. The ordinance notes that on all properties abutting a wetland or stormwater
pond the minimum setback for these items is 25 feet. This setbac
homeowners within the city, specifically those on lots platted pce where
additional setback considerations were not given during the plat
original staff report recommending adoption of the ordinance, there appears to have been an intended
exemption for parcels platted prior to 2006, when abutting a wetland.
Recommendation
Based on the original intention to exempt properties platted prior to ado, and
impacts to usable area of these same properties, staff recommend
those properties platted prior to June 19, 2006, from the fence and main
in the ordinance. This change will also extend to properties abuPlease review the
memo from the Environmental Coordinator for additional information on water quality concerns which
may result from the reduced setbacks.
However, staff does not recommend changing the setback requireme
Stormwater ponds are designed to store a specific amount of rain release it slowly to reduce
downstream impacts. The stormwater treatment requirements were r
volume rain events. These types of events have occurred more fre
calculations used on ponds designed prior to this change do not account for the increas
ensure homes, sheds, and other structures are not flooded from a
to handle the volume, staff recommends keeping the requirement fes to be setback 45 feet
from the edge of all wetlands and stormwater ponds. Please read
Coordinator regarding the proposed amendments.
Financial Impact
None
Attachments
Staff report recommending adoption of wetland buffer ordinance dated June 19, 2006
Memo from Stormwater Coordinator dated March 21, 2017
Memo from Environmental Coordinator dated March 21, 2017
\\dc3-elkr\shared\Departments\Community Development\Planning\Case Files\OA\OA 17-05 Wetland Setbacks II\4-Planning Commission\7.1
sr Wetland Setback Ordinance.docx
Memorandum
To:
Zach Carlton, Planning Manager
From:
Amanda Bednar, Environmental Coordinator
Date:
March 21, 2017
Subject:
OA 17-05 Changes to the Citys Wetland Setback Ordinance
________________________________________________________________
Drafted in 2006, the Citys wetland buffer ordinance aims to pro
of the entire community. The Citys Wetland Technical EvaluationPanel (TEP) created this
ordinance based on their recommendation for how best to maintain
quality, provide flood control and protect fish and wildlife habitat. Wetlands provide vast
benefits to the public. The City is tasked with preserving those benefits via our wetland
buffer ordinance. Due to precipitation changes in recent decades, water quality an
stormwater management continue to be of high importance.
All new construction is required to meet the ordinance as stated with 45 foot setbacks from
wetland boundaries. Although lots platted prior to 2006 may have
requirements, the first 25 foot buffer strip is critical to ensu
and should not be disturbed. Homeowners should work to ensure these requirements are
met which may result in a loss of usable land. If adjustments need to be made to meet city
code, I recommend that the buffer be as large as possible (up to
an existing structurebuiltbefore 2006. These areas should not have mowed turf grass,
landscaping or fences present as per the city requirements. I recommend this exception be
applied only to existing structures and not sites platted before
structures built.City staff should continue to work with individual homes to help them
come into compliance and grant variances as they see fit. I do no
change to current city code.
C:\Users\zcarlton\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\0Y8J0PES\OA Wetland Setback
Memo (5).docx
er
Memorandum
To: Zach Carlton, Planning Manager
From: Brandon Wisner, Stormwater Coordinator
Date: March 21, 2017
Subject: OA 17 -05 — Changes to the City's Wetland Setback Ordinance
Since single family home construction has increased over the last few years, staff has ensured
new proposed single family homes comply with the 45 foot setback from any wetland
boundary or the ordinary high water level of constructed stormwater ponds. This 45 foot
setback not only has a water quality benefit, but it also provides insurance that homes will
not be impacted by high levels of surface water following increased precipitation amounts. I
recommend that proposed single family homes and all structures (i.e., accessory structures)
meet the 45 foot setback to ensure homes and neighborhoods are adequately protected.
For single family home lots that were platted prior to 2006, some difficulties have surfaced
over the last few years with respect to `usable' area of a lot with current setback
requirements. Currently the first 25 feet from a wetland boundary or ordinary high water
level of a stormwater pond is required to be free of structures, fencing or
landscaping /mowing. It is important to note that this setback does not apply to stormwater
basins that do not hold water for more than 48 hours which are designed as infiltration
basins. Infiltration basins are required for new developments unless the soils are not
conducive for long term function.
If the first 25 foot buffer strip is proposed to be reduced, I recommend that it should not be
reduced less than 10 feet for landscaping /mowing and fences. However, all structures
should maintain the 45 foot setback. The first 10 feet from all stormwater ponds and
wetlands is not only an important transition area ecologically but also is an area that has
saturated soils that are more susceptible to impact from construction, fertilizers, and
landscaping. Also, if these areas are continually mowed, root structure can be diminished
that can encourage soil erosion. If erosion occurs, the city may be responsible for
maintenance of the area if a drainage and utility easement is present. Lastly, properties with
agricultural animals should still be required to have the 25 foot buffer strip to ensure water
quality is maintained for adjacent surface waters.
UE