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7.11. SR 04-17-2017
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7.11. SR 04-17-2017
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vii. Final plats for all subdivisions shall provide an easement over all wetlands and wetland <br /> buffer strips for the purposes of identification and protection. <br /> (b) Vetland bu fer sllz� setback A minimum 20-foot setback from wetland buffer strips is hereby <br /> established by the city. No principle or accessory structures, patios, paving, or other <br /> impervious surface shall be located within this setback. On property that was platted prior to <br /> June 19, 2006, uncovered decks and permeable pavement can be located within this setback. <br /> Nature trails, at the city's approval, may be located within the wetland buffer strip setback. <br /> Fences may encroach into the wetland buffer strip setback, but at no time shall they be allowed <br /> within the wetland buffer strip or in delineated wetlands. <br /> The city has received a number of questions from builders and homeowners regarding application of the <br /> fence and turf area setbacks. The ordinance states the minimum setback for all properties abutting a <br /> wetland or stormwater pond is 25 feet. This setback significantly burdens many homeowners, specifically <br /> those on lots platted prior to adoption of the ordinance where additional setback considerations were not <br /> given during the platting process. Additionally, the original staff report recommending the ordinance <br /> adoption appears to include an intended exemption for parcels platted prior to 2006. <br /> Recommendation <br /> Based on the original intention to exempt properties platted prior to adoption of the ordinance and <br /> impacts to usable area of these same properties, staff recommends an amendment exempting properties <br /> platted prior to June 19, 2006, from the fence and maintenance requirements. This change also extends to <br /> properties abutting a stormwater pond. Please review the memo from the environmental coordinator for <br /> additional information on water quality concerns which may result from the reduced setbacks. <br /> Staff does not recommend changing the setback requirement of 45 feet for all structures. Stormwater <br /> ponds are designed to store a specific amount of rainfall and release it slowly to reduce downstream <br /> impacts. The stormwater treatment requirements were recently changed to account for larger volume rain <br /> events. These types of events have occurred more frequently over the past decade and the calculations <br /> used on ponds designed prior to this change do not account for the increased volume. To ensure homes, <br /> sheds, and other structures are not flooded from a stormwater pond that was not designed to handle the <br /> volume, staff recommends keeping the requirement for structures to be set back 45 feet from the edge of <br /> all wetlands and stormwater ponds. Please review the memo from the stormwater coordinator regarding <br /> the proposed amendments. <br /> Planning Commission <br /> No one spoke during the public hearing,but staff has received support for the proposed amendment <br /> from residents and a builder. The Commission did not have additional comments or suggested changes <br /> and recommended amending the ordinance 7-0. <br /> Financial Impact <br /> None <br /> Attachments <br /> ■ Staff report recommending adoption of wetland buffer ordinance dated June 19, 2006 <br /> ■ Memo from Stormwater Coordinator dated March 21, 2017 <br /> ■ Memo from Environmental Coordinator dated March 21, 2017 <br /> ■ Ordinance Amendment <br /> N:APublic Bodies\Agenda Packets\04-17-2017\Final\7.11 sr Wedond Setback Ordinance.docx <br />
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