Laserfiche WebLink
<br />The Elk River Vision <br />A welcoming community with revolutionary and spirited resourcefulness, exceptional <br />service, and community engagement that encourages and inspires prosperity <br />Request for Action <br /> <br /> <br />To <br />Planning Commission <br />Item Number <br />5.4 <br />Agenda Section <br />Public Hearings <br />Meeting Date <br />June 26, 2018 <br />Prepared by <br />Zack Carlton, Planning Manager <br />Item Description <br />City of Elk River – Ordinance Amendment <br /> Ordinance Amendment relating to wetland <br />setback regulations, Case No. OA 18-06 <br />Reviewed by <br />Chris Leeseberg, Senior Planner <br />Reviewed by <br /> <br /> <br />Action Requested <br />Recommend, by motion, approval of the proposed changes to the wetland setback ordinance, Sec. 30- <br />1852. <br /> <br />Background/Discussion <br />The current wetland setback ordinance was initially approved in June of 2006. The ordinance, as adopted, <br />applied to all properties within the city, regardless of when they were platted. Implementation of the <br />ordinance created a number of issues that the city has worked to address over the past few years, <br />specifically impacts to platted lots served by city sewer and water. These plats, recorded prior to adoption <br />of the ordinance, were designed to utilize all of the property outside of a delineated wetland edge or <br />constructed stormwater pond. <br /> <br />After making a number changes to the wetland ordinance as a result of numerous variance applications <br />and requests from residents we continue to see unique circumstance arise as a result of the original <br />adoption of the ordinance. Planning, environmental, and stormwater staff have discussed potential <br />changes to the ordinance that will provide residents with additional flexibility, but preserve the <br />environmental and water quality goals intended with adoption of the ordinance. <br /> <br />Staff proposes a separate review process for all properties platted prior to adoption of the wetland <br />setback ordinance. The review process for these properties will be separated into two pieces: <br />1. Wetland buffer setback (25 – 45 feet from wetland/pond edge): A site plan review application <br />must accompany building permit applications impacting the buffer setback. This is a staff review, <br />Planning Commission and City Council will not see the permit, which will allow staff to look <br />closely at the uniqueness of the individual property and find solutions with the property owner to <br />preserve the intentions of the buffer setback ordinance. <br />2. Wetland buffer (0 – 25 feet from wetland/pond edge): A Conditional Use Permit (CUP) must <br />accompany any building permit application impacting the wetland buffer. This is the most critical <br />setback as impacts are close to environmental features and will concentrate runoff. The review <br />will include a public hearing and discussions at the Planning Commission and City Council. As <br />CUPs are permitted uses that have the potential for greater impacts than otherwise permitted <br />uses, conditions imposed as part of the review process will relate directly to mitigating impacts to <br />adjacent environmental features. <br />