5.4. PCSR 06-26-2018 ��i
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lk — - Request for Action
River
To Item Number
Planning Commission -5.4
Agenda Section Meeting Date Prepared by
Public Hearings June 26, 2018 Zack Carlton,Plan-ming Manager
Item Description Reviewed by
City of Elk River—Ordinance Amendment Chris Leeseberg, Senior Planner
■ Ordinance Amendment relating to wetland Reviewed by
setback regulations, Case No. OA 18-06
Action Requested
Recommend,by motion, approval of the proposed changes to the wetland setback ordinance, Sec. 30-
1852.
Background/Discussion
The current wetland setback ordinance was initially approved in June of 2006. The ordinance, as adopted,
applied to all properties within the city,regardless of when they were platted. Implementation of the
ordinance created a number of issues that the city has worked to address over the past few years,
specifically impacts to platted lots served by city sewer and water. These plats,recorded prior to adoption
of the ordinance,were designed to utilize all of the property outside of a delineated wetland edge or
constructed stormwater pond.
After making a number changes to the wetland ordinance as a result of numerous variance applications
and requests from residents we continue to see unique circumstance arise as a result of the original
adoption of the ordinance. Planning, environmental, and stormwater staff have discussed potential
changes to the ordinance that will provide residents with additional flexibility, but preserve the
environmental and water quality goals intended with adoption of the ordinance.
Staff proposes a separate review process for all properties platted prior to adoption of the wetland
setback ordinance. The review process for these properties will be separated into two pieces:
1. Wetland buffer setback (25—45 feet from wetland/pond edge):A site plan review application
must accompany building permit applications impacting the buffer setback. This is a staff review,
Planning Commission and City Council will not see the permit,which will allow staff to look
closely at the uniqueness of the individual property and find solutions with the property owner to
preserve the intentions of the buffer setback ordinance.
2. Wetland buffer (0—25 feet from wetland/pond edge): A Conditional Use Permit (CUP) must
accompany any building permit application impacting the wetland buffer. This is the most critical
setback as impacts are close to environmental features and will concentrate runoff. The review
will include a public hearing and discussions at the Planning Commission and City Council. As
CUPS are permitted uses that have the potential for greater impacts than otherwise permitted
uses, conditions imposed as part of the review process will relate directly to mitigating impacts to
adjacent environmental features.
The Elk River Vision
A Y�elcoming community nvith revolutionary and spirited resourcefulness, exceptional p D W E H E D D Y
service, and community engagement that encourages and inspires prosperity ,g /` UR
Staff continues to strive for improvements to this ordinance which reduce the burden on individual
property owners, but also continue to protect the city's natural environment—which is in the best
interest of all residents of the city.
This is a city-initiated ordinance and we are not tied to the 60-day review period. If the Commission is
comfortable with the proposed changes we ask that you make a recommendation of approval. If
additional information or adjustments are needed,please provide staff with specific direction, and
continue the item to July 24, 2018.
Financial Impact
Recording fees
Attachments
■ None