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7.6. SR 07-16-2018 EGty1� ,.,�� Request for Action River To Item Number Mayor and City Council 7.6 Agenda Section Meeting Date Prepared by Public Hearin� 1july16, 2018 Zack Carlton,Planning Manager Item Description Reviewed by Ordinance Amendment: Wetland Setbacks, City of Chris Leeseberg, Senior Planner Elk River Reviewed by Cal Portner, City Administrator Action Requested Approve,by motion, the proposed changes to the wetland setback ordinance, Sec. 30-1852. Background/Discussion Case No. OA 18-06 -The wetland setback ordinance was approved on June 19, 2006, and as adopted applied to all properties within the city regardless of when they were platted. Implementation of the ordinance created a number of issues to platted lots served by city sewer and water which were designed to utilize all of the property outside of a delineated wetland edge or constructed stormwater pond. After making changes to the wetland ordinance as a result of numerous variance applications and requests,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. Planning Commission Staff suggested utilizing the site plan review process, staff review, and approval for encroachments into either wetland setback. Using this mechanism, staff will work with each applicant to preserve to the greatest extent possible the goal of the wetland ordinance. Disagreements will be addressed via the zoning appeals process,which functions the same as a variance (cost, timing,review). The Commission discussed the options presented and decided the site plan review process for impacts to both the setback and the buffer was the best option.The Commission unanimously recommended an ordinance amendment adding a staff site plan review for future impacts to the wetland ordinance. Additional comments have not been received. Financial Impact Recording fees Attachments ■ Planning Commission Packet dated June 26, 2018 ■ Ordinance The Elk River Vision A PehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By service, and community engagement that encourages and inspires prosperity INAWRE1 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Planning Commission Item Number 5.4 Agenda Section Public Hearings Meeting Date June 26, 2018 Prepared by Zack Carlton, Planning Manager Item Description City of Elk River – Ordinance Amendment  Ordinance Amendment relating to wetland setback regulations, Case No. OA 18-06 Reviewed by Chris Leeseberg, Senior Planner Reviewed by 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. N:\Departments\Community Development\Planning\Case Files\OA\OA 18-06 Wetland Setback Regulations\4-Planning Commission\5.4 sr Wetland Setbacks.docx 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 WAStfikethfoughs to be removed Underlines to be added City of Elk -�-� River Ordinance 18 - An Ordinance Amending Chapter, 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 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 principle or accessory structures,patios,paving, or other impervious surfaces 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 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 vegetation management requirements described in subsections iiiv above. (b) Wletland buffer strip setback. A minimum 20-foot setback from wetland buffer strips is hereby established by the city. i. No principle or accessory structures,patios,paving, or other impervious surface shall be located within this setback. P a N E R E R R Y Last Updated March 2014 litm§AfVR to be removed Underlines to be added ii. Nature trails, at the city's approval, may be located within the wetland buffer strip setback. ill. On property that was platted prior to June 19, 2006, uncovered decks and permeable pavement can be located within this setback. (c) Exceptions. Properties platted prior to adoption of the wetland buffer strip and wetland buffer strip setback performance standards set forth in this section may not be configured to accommodate the required performance standards. For this reason, exceptions to the performance standards for properties platted prior to June 19, 2006, may be approved by the Planning Manager pursuant to the Site Plan Review Process. Applicants for Site Plan Review shall pay the fee specified in the city's fee schedule. Site Plan approvals and required conditions shall be made by the Planning Manager on a case by case basis,with the goal of maintaining consistency with the performance standards to the maximum extent reasonably possible. Appeals from staff determinations and conditions may be made pursuant to the appeal procedures set forth in Section 30-634. (O(d) Fences. 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, shall 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 16th day of July, 2018. John J. Dietz,Mayor ATTEST: Tina Allard, City Clerk MUR Last Updated March 2014 Ordinance Amendment Wetland Setbacks Background  Ordinance adopted in 2006 established limits to improvements within 45’ of wetland or stormwater pond  0 -25’: “No touch”  25 -45’: No structures or impervious surfaces  Numerous variances and questions  Exempt decks  Allow turf and fences  Continue to receive questions and variances  Protect environmental features from fertilizers, sedimentation, erosion, other impacts.  Maintain protections and reduce process? Recommendation from PC  Site plan review for those without current exceptions  City application  Lower cost  Staff approval  Faster review  Maintain oversight of environmental concerns  Appeals through BOA with zoning appeal (variance)  Unanimously recommended approval Action Requested  Approve, by motion, the proposed ordinance amendment to the wetland setback ordinance. Language Exceptions. Properties platted prior to adoption of the wetland buffer strip and wetland buffer strip setback performance standards set forth in this section may not be configured to accommodate the required performance standards. For this reason, exceptions to the performance standards for properties platted prior to June 19, 2006, may be approved by the Planning Manager pursuant to the Site Plan Review Process.Applicants for Site Plan Review shall pay the fee specified in the city’s fee schedule. Site Plan approvals and required conditions shall be made by the Planning Manager on a case by case basis, with the goal of maintaining consistency with the performance standards to the maximum extent reasonably possible. Appeals from staff determinations and conditions may be made pursuant to the appeal procedures set forth in Section 30-634.