5.4. PCSR 06-26-2018 - Laserfiche WebLink

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��i Eof 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