7.11. SR 04-17-2017 EGty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 7.11
Agenda Section Meeting Date Prepared by
Public Hearin s Aril 17, 2017 Zack Carlton,Planning Manager
Item Description Reviewed by
Ordinance Amendment: Wetland Setback Chris Leeseberg, Senior Planner
Regulations Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt,by motion, an ordinance amending the city's zoning code to eliminate the wetland setback
requirements for fencing and maintained vegetation on parcels platted prior to June 19, 2006.
Background/Discussion
On June 19, 2006, the city adopted an ordinance establishing buffering and setback requirements from
delineated wetlands and the ordinary high water level of stormwater ponds.
As development has increased we have seen a number of variances to these requirements. Additionally,
we recently updated this section to exempt decks from the structure setback 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) Vetland huder"11-i . 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.
ill. 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.
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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) Vetland bu fer sllz� setback A minimum 20-foot setback from wetland buffer strips is hereby
established by the city. No principle or accessory structures, patios, 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 can 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 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 states the minimum setback for all properties abutting a
wetland or stormwater pond is 25 feet. This setback significantly burdens many homeowners, specifically
those on lots platted prior to adoption of the ordinance where additional setback considerations were not
given during the platting process. Additionally, the original staff report recommending the ordinance
adoption appears to include an intended exemption for parcels platted prior to 2006.
Recommendation
Based on the original intention to exempt properties platted prior to adoption of the ordinance and
impacts to usable area of these same properties, staff recommends an amendment exempting properties
platted prior to June 19, 2006, from the fence and maintenance requirements. This change also extends to
properties abutting a stormwater pond. Please review the memo from the environmental coordinator for
additional information on water quality concerns which may result from the reduced setbacks.
Staff does not recommend changing the setback requirement of 45 feet for all structures. Stormwater
ponds are designed to store a specific amount of rainfall and release it slowly to reduce downstream
impacts. The stormwater treatment requirements were recently changed to account for larger volume rain
events. These types of events have occurred more frequently over the past decade and the calculations
used on ponds designed prior to this change do not account for the increased volume. To ensure homes,
sheds, and other structures are not flooded from a stormwater pond that was not designed to handle the
volume, staff recommends keeping the requirement for structures to be set back 45 feet from the edge of
all wetlands and stormwater ponds. Please review the memo from the stormwater coordinator regarding
the proposed amendments.
Planning Commission
No one spoke during the public hearing,but staff has received support for the proposed amendment
from residents and a builder. The Commission did not have additional comments or suggested changes
and recommended amending the ordinance 7-0.
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
■ Ordinance Amendment
N:APublic Bodies\Agenda Packets\04-17-2017\Final\7.11 sr Wedond Setback Ordinance.docx
C:\Users\zcarlton\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\0Y8J0PES\OA Wetland Setback
Memo (5).docx
Memorandum
To: Zach Carlton, Planning Manager
From: Amanda Bednar, Environmental Coordinator
Date: March 21, 2017
Subject: OA 17-05 – Changes to the City’s Wetland Setback Ordinance
_______________________________________________________________________
Drafted in 2006, the City’s wetland buffer ordinance aims to protect wetlands for the benefit
of the entire community. The City’s Wetland Technical Evaluation Panel (TEP) created this
ordinance based on their recommendation for how best to maintain and improve water
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 and
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 challenges meeting these
requirements, the first 25 foot buffer strip is critical to ensure that wetlands are protected
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 25 feet) to where it meets
an existing structure built before 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 2006 that do not yet have
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 not recommend any formal
change to current city code.
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.
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City of
Elk -�-�
River
Ordinance 17 -
An Ordinance Amending Section, 30-1852, Performance Standards of the City of
Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1.That§ 30-1852, Performance Standards of the City of Elk River Code of
Ordinances shall be amended to read as follows:
Sec. 30-1852. —Performance standards.
(a) Vetland buffer stro. 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 principle or accessory structures,patios,paving, or other impervious
surfaces 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.
ill. 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 w.o...,w.,,n atio..
monuments 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.
viii, Properties platted prior to June 19. 2006 shall be exempt from the e 7etation
management requirements described in subsections ii-iv above.
(b) Vetland buffer stro setback. A minimum 20-foot setback from wetland buffer strips is
hereby established by the city.
L No principle or accessory structures, patios, paving, or other impervious surface shall
be located within this setback.
ii. Nature trails, at the city's approval, may be located within the wetland buffer strip
setback.
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Underlines to be added
iii. On property that was platted prior to June 19, 2006, uncovered decks and permeable
pavement can be located within this setback.
�c�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. Properties platted prior to
June 19, 2006, shah.be exempt from this requirement,
SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 17th day of April, 2017.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
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