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HomeMy Public PortalAbout12-2007CITY OF MEDINA 2052 COUNTY ROAD 24 MEDINA, MN 55340 AGENDA MEDINA PLANNING COMMISSION TUESDAY, December 11, 2007 7:00 P.M. MEDINA CITY HALL 1. Call to Order 2. Public Comments on items not on the agenda 3. Update from City Council proceedings 4. Planning Department Report 5. Approval of November 13, 2007 Planning Commission minutes and November 27, 2007 Special Planning Commission minutes 6. Decennial update of the Medina Comprehensive Plan. Public Hearing 7. Darrel A. Farr Development — Concept Plan (preliminary) for the development of a 64-bed memory care center and two business condo structures in the Uptown Hamel (UH) zoning district — 22, 36, and 42 Hamel Road (PIDs 12- 118-23-41-0011, 12-118-23-41-0014 and 12-118-23-41-0013). Public Hearing 8. Ordinance Amendment — Section 828.43 — Pertaining to regulations related to wetlands. Continued Public Hearing 9. Ordinance Amendment — Section 826.21 and 826.98 — Removing Animal - Assisted Therapy as a Conditional Use in the Rural Residential (RR) zoning district. Public Hearing 10. Call Special Meeting (if necessary to complete Comprehensive Plan discussion) — December 17, 2007 11. Adj ou rn Posted in City Hall December 7, 2007 11/23/07 Medina City Council Members & Mayor Re: Highway 55 Concept Plan Let me start by saying thank you for allowing other businesses and myself to speak at the November 20th council meeting in regard to the concept plan. I also appreciate the fact that the Council entered our email concerns to the public record. I would Like to make a couple of points after hearing the concept plan presentation for Highway 55. Possible alternatives to proposed concept plan: 1. Continuing the four lanes from Medina to Buffalo likely serves everyone better. Starting this project from the east and going west through Medina will only make traffic in Medina more congested and unsafe. Highway 55 goes from four lanes to two lanes (just west of Arrowhead) which causes a bottleneck of traffic and the proposed overpasses and freeway concept will likely only make traffic back up faster and add to the already crowded highway. Synchronizing the current stoplights through the Medina business district would go a long way in allowing the traffic to flow more efficiently through our City. 3. Adding a Park and Ride location near Arrowhead on the Hennepin County property could be beneficial in reducing the number of cars on the highway. 4. Removing the traffic light at Clydesdale which was just installed using TIF money is grossly unfair to both the City taxpayers and the businesses of Medina. Medina businesses gave up land and accesses to Highway 55 for both the north and south frontage roads at no cost to the City of Medina. These sacrifices by City businesses were meant to allow for safe traffic flow and accessibility to the customers of Medina City businesses. Now we're being told by MnDot that we've not given enough and further limiting Medina businesses' access to Highway 55 makes travel along Highway 55 even safer. It is my opinion that this simply isn't true and a totally unnecessary approach to solving this problem. Since the Clydesdale light was installed, I'm not aware of a single accident occurring anywhere near that intersection. A more likely solution could be to close most of the single driveway entrances onto Highway 55 and connect them to Clydesdale at the traffic light, through a series of service drive connections on both the north and south sides of Highway 55 which likely will prove to be safer and more cost effective. 5. How is it fair for the Corridor Coalition to draw holding ponds and on -and -off ramps on a concept plan located on properties not currently owned by the State, County or City of Medina, nor projected to be owned any of these entities any time in the foreseeable future. Having future on -and -off ramps, holding ponds or other public structures noted on a concept plan amounts to substantial devaluation of property owners' land and their ability to sell or develop this land without compensation from the State, City or County. This certainly isn't fair and possibly not even legal. 6. Medina's largest commercial and retail businesses are along the Highway 55 corridor. This group of taxpayers represents a large majority of the tax revenues of the City of Medina. Not protecting this group with every resource available to the City Council and government cannot possibly represent the best interests of the citizens of Medina. My goal is to have Highway 55 become a safer and more efficiently flowing highway without destroying Medina businesses. Thank you very much for your consideration and all of your hard work keeping Medina first. Respectfully yours, Jeff Pederson, co-owner President, Highway 55 Rental & Sales P.S. Please give me any feedback. Thanks again Email: janwv55@aol.com Page 1 of 2 Dusty Finke From: Kerry Kaluza [kjkaluza@gmail.com] Sent: Tuesday, November 27, 2007 9:35 PM To: Dusty Finke Subject: Public comment on draft of comprehensive plan Hi Dusty, Please pass the following comments on to the Planning Commission to be considered at the December 11 meeting and added to the public comment record related to the proposed comprehensive plan. Now that I've had a chance to look at the draft plan online, I'd like to share these comments and ideas: 1) Thanks to the Planning Commission for embracing the strong desire of the citizens of Medina to retain Medina's rural character and low density in a major portion of the city. This desire was clear in the citizen survey results and last year's city council election. Therefore, it's nice to see a large allocation of permanent rural space in Medina to reflect this sentiment. 2) I fully support the permanent rural land use designation for all land east and west of Holy Name Drive with the exception of Holy Name Cemetary and the existing homes along the Northeast side of Holy Name Lake. 3) I'm particularly happy to see that the field and marsh area between the westem Plymouth border and Holy Name Drive has a permanent rural designation with no planned sewer or water service. This area serves as a nice buffer and transition between the high density of Plymouth and the rural part of Medina. However, I would suggest that the Planning Commission consider converting this open field and marsh area into a future public nature preserve with walking and biking trails - perhaps around a man-made lake to be used by citizens of Medina & Plymouth - much like the trail loop at Baker Park or the loops around the lakes in Minneapolis. This would convert this open field and wetland area into an attractive, low -maintenance amentity for western Plymouth and Medina - something that Plymouth may even be willing to contribute some dollars towards. There's already a lot of wildlife in the marsh and woods around the field, including deer, pheasant, geese, etc. Converting the field into better habitat for wildlife would create a great nature preserve. 4) I also strongly support the plan to keep Holy Name Drive designated as a local road, since the houses along Holy Name are closer to the road than on other city roads like Hunter, Willow, Tamarack, etc. Therefore, road noise from vehicles is more disturbing, and high traffic speeds are unsafe for citizens in their yards along the road. Also, due to it's proximity to Plymouth, Holy Name is heavily used by walkers, runners, bikers, roller-bladers, etc., making heavy traffic and high speeds unsafe for these pedestrians. I believe this heavy pedestrian traffic on Holy Name is even more reason to create walking/biking trails in the field/marsh area between western Plymouth and Holy Name Drive. This would give these folks a safer place to enjoy the peaceful outdoors and wildlife in rural Medina without driving 6 miles to Baker Park. Thanks much for your work on the plan and your consideration of the ideas proposed above to make Medina an even more attractive and pedestrian -friendly community while retaining it's rural roots and identity. Please let me know if you have any questions. 11 /28/2007 Page 2 of 2 Sincerely, Kerry Kaluza 2452 Holy Name Drive 11 /28/2007 MOEN LEL ER November 21, 2007 Mary Verbick 855 Foxberry Farms Road Medina, MN 55340 Jeff Pederson 710 Shawnee Woods PO Box 270 Medina, MN 55340 Re: PID 04 -118 - 23 - 43 - 0003 04 -118 - 23 - 44 - 0001 Robin Reid 2945 Ardmore Ave. Medina, MN 55359 Michele Litts 4660 Covey Trail Medina, MN 55340 Charles Nolan 2935 Willowood Farm Road Medina, MN 55340 Doug Dickerson 2625 Pioneer Trail Medina, MN 55340 Dear Planning Commission Members: I can't be at the November 27t' Planning public hearing personally because of family commitments. My son is a freshman at University of Wisconsin and honored to be playing on the basketball team. The team is playing Duke at Duke that night and I have already committed to being there. There are two I want to address on the above identified property in Medina: first, the land use designation and also the sewer timing of the project. This property was guided "Business Park" or "Light Industrial" when I purchased it over two years ago and was in the MUSA and available for immediate development I presented two plans, one residential and one industrial. Both plans had reactions positive and negative. The council said a possible mixed use plan might be the answer. I then came up with a mixed use plan that was also met with mixed reviews. Recently it was brought to my attention that the neighboring property owners would prefer a P.U.D. light industrial business park, such as the park our company, Moen Leuer, developed at County Rd. 24 and Highway 55 in Plymouth (Plymouth Ponds). This development is one of the most successful light industrial business parks in the whole metro area. After reviewing these requests, we felt this may be a win -win -win situation for the neighbors, city and owner. When Plymouth Ponds was proposed many neighbors to the south resisted because they did not understand light industrial uses. Plymouth Ponds is completed and many neighbors now realize the benefit of the development 3600 Holly Lane North, #100 ® Plymouth, MN 55447 e Office (763) 550-1961 ® (763) 550-3913 TEN LEUER Positives: 1) Workers are at the park during working hours when residents are gone 2) Weekends and evenings the park is empty and residents enjoy no activity from the businesses in the park 3) The park is a great place to walk and ride bikes. No traffic during off -work hours, weekends and holidays 4) The park is properly screened with trees and landscaped attractively All in all, it is probably the lowest traffic neighbor and the safest of any development that could occur next door. Benefits to the city: 1) Great tax base 2) Lowest services of any development 3) Low crime 4) New jobs locally adding to business base for services The second issue I want to address is the timing of the sewer project for this property. This property was supposed to be ready for development as zoned in 2001 with sewer up to the property. There is now talk that there is a shortage of sewer and water and the sewer improvement project for this property will be further delayed. My question is: Why would we give our sewer and water to Corcoran so they can do a business park similar to Plymouth Ponds? The tax base as 1 described earlier, is a great benefit to the city. Corcoran will then enjoy the tax benefit that Medina would enjoy if they approved a business park such as Plymouth Ponds. There has also been an assessment against the property for the controlled intersection. The assessment was deferred by 5 years and levied last in 2006 for $102,432.73 and $20,317.21. The total deferred assessment on the tax rolls is $122,749.94. I am faced with this assessment and am being put in the 2016 sewer phase in plan. This is not fair or right and does not benefit the City of Medina. We should be able to develop our property now as a Light Industrial Park, such as Plymouth Ponds, with sewer to the project as originally designated by the city. It would be a win -win -win situation for the neighbors, city and owner. Please feel free to call me with any questions. 1 can be reached at 763-286-1441. Happy Thanksgiving Kind Regards, Michael J. Leuer 3600 Holly Lane North, #100 a Plymouth, MN 55447 Office (763) 550-1961 ° (763) 550-3913 MAP.-05-1900 13:04 P.01i01 Questions (Please Answer after you have visited the stations at the Open House): 1. Would you like your responses to the following questions entered into the formal public record at the Public Hearing on November 27, 2007? EK Yes ❑ No 2. What did you like best about what you saw or heard tonight? What were you most comfortable about? lle 3. What were you most concerned about what you saw or heard tonight? What needs further cllaCrification? [ // �p S/ 2�0rr�!'/ /% R C'K .: / ' /�O L74.11 C,'/n_ 74,0 64, '4f2-406{ P/a 27! A i� [�Ll� / t t s l'.0 ■.V ! ' Lr S/W-W-,-Yl//) -11/7/144.2374P.i a LiS I nlionrM1fcet Tes Bite/ )149 6*'as4.2e l� &):101 C G "lux �u&+. / b//a n7h,al— n in no,r h mr -fre.v+'N .c an C1÷az is 472 r ✓ , / THANK Y'OU FOR YOUR TIME AND PARTICIPATION! / y vi/ 0-rao b VrpC,So ✓ ROCKLER COMPANIES INC. 4365 Willow Dr. Medina MN 55340 TOTAL P.01 Page 1 of 1 Dusty Finke From: Sent: Tues.ay, December 04, 2007 2:17 PM To: Dusty Finke Subject: Public Comment for Comp Plan public hearing Cindy Parkhurst (4700 Medina Lake Dr.) called and stated that the Hackamore/CR 116 and Hackamore/CR101 intersections should looked into. It is impossible to pull out most mornings. Additionally, there should be trails to safely get children from the Foxberry neighborhood down towards the Target area. Dusty Finke City of Medina Assistant to Planning Phone: (763) 473-4643 - Fax: (763) 473-9359 12/4/2007 `� i jj i%jl (�4 y ! ���/! C %li '�-�C:.Fj c 7• i (9 5 �/u,i SA17.ine7 aPekit/ f ?� c %asu j C�jL"k 4j^ /i%7 kr < cajj y LjUC,I, 1c.2)/� iD hR [ i[ j /I � ifs /i 1�t'i'aa'<'�i o; � � J l(iL:J �,G:.;. - cJ ? n C JLSC'". i /l J. I Response to Questions asked at the Public Hearing for the 2010-2030 Comprehensive Plan at the Medina Planning Commission Meeting of November 27, 2007 Note: The bold headings are main points raised by citizens during the hearing, with related individual questions listed underneath said headings identified as bulleted text, and city staff responses are indicated in [bracketed and italicized] text. Highway 55 Corridor [Highway 55 Coalition has carefully studied this entire corridor inside Medina and the surrounding communities. The ultimate goal is to provide a multi -lane arterial roadway system, without traffic signals or other impediments, for allowing free flow of traffic within and between the adjacent communities. Plans call for these improvements to take place sometime in 20 years or more, depending on funding and current needs. City of Medina will continue to be involved in the discussion to advocate that existing and future property owner's access rights are properly maintained and provided for in any new/updated plans for this corridor. The Comp Plan also calls for the planning of or establishment of future roadway connections in and along this corridor, which may include various frontage/backage roads to serve the adjacent or abutting properties. The Comp Plan Advisory Panel (and the proposed Comp Plan itself indicated a need for mixed uses along the TH 55 corridor, and "...to promote a more compact development pattern in proximity to existing infrastructure and will include residential and commercial components... '7 • Dennis Hedtke (Hedtke, Inc.; 3522 Sioux Drive): concerns with shutting off direct access points or intersections onto Highway 55, and the belief it would be another I-394 situation putting local businesses in jeopardy. [This property currently does not have direct access onto Hwy 55; but will likely have some type of reasonable access onto Sioux Drive once the Hwy 55/Sioux Dr. Interchange is completed.] ❖ Jeff Pederson (710 Shawnee Woods Road) stated the Highway 55 Coalition wishes for a hybrid expressway coming from Plymouth. He said it makes a lot more sense to build a four lane highway from Medina to Buffalo before there is talk about upgrading and building overpasses back towards Plymouth. The stop light at Clydesdale that was just put in with TIF money would be wasted. [Mn/DOT has stated the intersections at TH 55/CR 116 and TH 55/CR 101 could not effectively handle the increase in traffic that would be generated from the new development north of TH 55. Although Mn/DOT does not favor placing additional signals on TH 55, the signal at Clydesdale was necessary to prevent the CR 116 and CR 101 intersections from failing. The future interchanges and access changes are not likely to occur for 20 to 30 years. The investment into the Clydesdale signal was necessary to allow for development to occur today and to operate over the next 20 to 30 years.] ❖ Bob Raskob (owner of Medina Entertainment Center, 500 Highway 55): requested more opportunities of housing near the Hwy 55 corridor for future residents. + [Comp Plan calls for the establishment of new Mixed -Use land potentials (including residential uses) within the corridor; plus the expansion of Low Density Residential development in the Urban Reserve areas.] S. Todd Rapp (Attorney representing Gary Kirt and Peter Ryskamp, owner of 4550 Pioneer Trail): With changes planned for the Hwy 55 corridor and the business park planned inside Corcoran, owners are requesting their land use be revised to reflect this new corridor planning [One of the primary goals to which the Comp Plan Advisory Panel committed itself was to not expand the MUSA under this Comprehensive Plan The subject site is currently an established commercial stable, and the Planning Commission should take this request to revise this land use under advisement and determine if it is a reasonable fit with the General Business land use on the west side and rural residential homes to the east.] ❖ Jerry Jubert (2440 Saint Albans Street, Roseville) stated that his family owns property around the Tamarack/Highway 55 intersection; and is concerned with losing their access if the stop light is not planned for the intersection. AND + Joe Cavanaugh (3220 Niagara Lane) stated that he supports the mixed use shown on the draft that would allow commercial near Highway 55 and residential further to the north. However, MnDOT has been planning on a stop light at the intersection of Highway 55 and Tamarack for years, and the Highway 55 Concept in the draft calls for a potential at -grade access with no signal. He stated he has consistently opposed removing this stop light, and it would create enormous traffic concerns. He said his property has been in the MUSA since 2001, and now this dashed line that doesn't seem to mean anything cuts it off. The line should be placed back where it was before. [The draft indicates a potential at -grade intersection at Tamarack and Hwy SS. Should further study and review cause the need to have the plan indicate an intersection (with signal), the City will have important input to that decision. Additional study and land use decisions will be a part of that decision making. Reasonable access could be analyzed through the use of frontage road connections and that would certainly be a scenario that could be reviewed. (See next response for information on the staging plan)] Staging Plan ❖ Bruce Workman (2212 Chippewa) stated he was comfortable with the plan for one piece of property and not comfortable for another parcel. He said the parcels are 1200 feet apart and yet this makes a difference of 10 years in staging. The infrastructure has been there since 1997, including the water main, street improvements, and a stop light at Highway 55. Pushing off the second parcel 15 years is unfair. He stated he was involved in the Comp Plan in 1990 and 2000 and that he understands the importance of staging and how the flexible plan may help. Nonetheless, there were many excuses in 1990 for no development north of Highway 55 which have been since taken care of. It is unfair to develop out by Loretto, or to give sewer and water to Corcoran, instead of allowing development in places where the infrastructure is already available. He stated that everyone in the area seems willing to move forward. [The Staging Plan allows for growth management, especially in relation to water/sewer infrastructure. It also speaks to what speed the City generally wishes to see growth occur. At the same time, the staging plan does allow for some "flexibility" between the staging periods, provided the development allows reasonable means of tying into existing systems; provides a neighborhood benefit to a certain area; or the City is able to manage the increase capacity to its own systems. ❖ Bill Cavanaugh (2015 N. Aquila Ave. Golden Valley) requesting extension of sewer and water just past Polaris along Mohawk. [This area is located within the future service area in the current draft. Extension of services would occur along with future development, subject to the staging plan . The Owner or future developers of this site would likely need to incur the costs to extend.] Leuer Development/Water Tower Site ❖ Michael Botnan (2522 Pioneer Trail) stated he was concerned with the property at Willow/Highway 55. It is currently farm country and he said commercial or light industrial would be better, rather than residential. AND ❖ Paul Chamberlain (attorney for Richard Burke at 3962 Tomahawk Trail) stated their opposition to allowing mixed use or residential uses in this area, and would prefer to see the property revised to rural residential; but if this is not possible, commercial or light industrial makes more sense. AND ❖ Tom Goodrum (Schoell Madsen, representing Mike Leuer, owner of PID #04-118-23-43- 0003) wished to discuss the designation for the water tower site. He stated there seemed to be support from the Council earlier in the year for a mix of residential and business park on the property. Change of MUSA to 2016, why was there a change to mixed residential? Hearing that light industrial would be preferable to neighbors, they would accept that as well. He state the flexible staging plan allows properties to develop one time period early, and was curious about those two out. [The Advisory Panel received two concepts from the owner; one for a business park and another showing medium density residential. The property owner seemed favorable towards a residential use. The AP elected to designate this site as a Mixed Use in order to allow the developer the flexibility of incorporating the two uses. City staff is aware of desire by some neighbors to extend or incorporate Light Industrial and Commercial uses in this area; however, the mixed use should provide a better buffering between the surrounding light industrial/commercial uses already in place and the rural residential environment to the south.] MUSA Expansion in Navajo Hills ❖ Jay Ecktenkamp (75 Navajo Road East) AND Jim Jurmu (25 Navajo Road East) requests the two lots situated on the south side of Navajo Road be incorporated into the MUSA. [One of the primary goals to which the Comp Plan Advisory Panel committed itself was to not expand the MUSA under this Comprehensive Plan. On the other hand, allowing services into this area would lend itself towards some of the other goals of the AP (more density near Uptown Hamel). The Sewer Plan shows the likely location of services down Navajo Road E. (although water services are currently shown further to the north). The Planning Commission may wish to take this request under advisement and determine if the request is reasonable or warranted for this small expansion.] 500 Hamel Road Issues. ❖ Nancy Ritt (3421 Elm Creek Drive) stated that the neighbors had collected 100 signatures opposing mixed use at 500 Hamel Road, and the neighborhood supports the Medium Density residential which is currently shown on the draft. [The AP originally received a concept for Mixed Use (7-40 units/acre), but ultimately recommended Medium Density Residential. The property owner has since requested Mixed Use Business (3.5-7 units/acre). The AP deferred this decision to the Planning Commission for further review and consideration. The Mixed Use designation would allow the residential development of similar (3.5-7 units/acre) density to be mixed in with the business component of the site. With commercial uses to the west, residential uses across Hamel Road and the mixed use in nearby Uptown Hamel, this area is a natural transition. Both commercial and residential could fit into this transition, and Mixed Use -Business could allow additional flexibility.] Holasek Property/Elm Creek Neighborhood ❖ Michael Fine (550 Navajo Road) questioned the density allotment to be provided for the Holasek property with split land use designations (between Medium Density and Low Density residential); - AND Nancy Ritt (3421 Elm Creek Drive) stated that she was within the Elm Creek neighborhood and requested the area shown as Medium density be revised to low density. [The current draft identifies medium density residential to the north (which is consistent with the Elm Creek neighborhood development) and low density single family (which is more similar to the rural residential development) to the south. City staff does not foresee this existing neighborhood to be affected by the proposed land use designation, nor the density levels changing the make-up of this area.] Trails ❖ Abdish Bhvasar (2105 Chestnut) stated that he is in favor of trails and looks forward to using them when they are established and wished to know what considerations the Commission believed should be given to property owners who have trails running through their property. AND • Susan Seeland (470 Peavey, Wayzata) stated there are long stretches of future trails shown through the middle of her property. While trails are important to connect with Baker Park and for children safety with the school in the area, they make no sense in the area shown on her property and unfairly burden them as the owner. [Trails Map is only a reference map that only shows "intent" for future trail connections or routes. Specific trails would be considered for dedication (up to the amount allowed by statute) during development process of the parcel land in question. The connections on this Trails Plan map should not be taken as the required route or layout for proposed trails. Any access or corridors necessary for trails are obtained through dedication during the development process or by means of separate acquisition from property owners. The City does not have a policy to provide any incentives or considerations for development of trails across private properties.] Tamarack Drive/Deerhill Road Issues ❖ Nancy and Seth Hoyt (1382 Tamarack) stated that they would request that the right-of-way north of where Tamarack Drive becomes Blackfoot Trail be vacated. This right-of-way is located within a marsh, and is linked with the north/south throughway,which the City dealt with years ago. AND ❖ Kent Williams (1632 Homestead Trail) stated he supports the transportation draft not extending Deerhill Road from Willow to Homestead in the future. Development in Orono and the area have already greatly increased traffic, and allowing Deerhill through would do so even more. AND ❖ Susan Seeland (470 Peavey, Wayzata) stated the transportation plan in 2000 shows a future road through the property which is no longer on this plan and questioned why Tamarack is a local street while Homestead is a major collector. [The mere existence of right-of-way or easement, while an important consideration in creating a transportation plan, does not necessitate the identification offuture roadways within the draft. In the same vein, future roadways may be shown in areas where no right-of- way exists currently, to show a general idea of where a future connection may be necessary. More specific study occurs if a development application is submitted. The City Council would make a decision on a proposed vacation of right-of-way if an application was made, and it would not be assumed merely because the Transportation Plan does not show a future road.] Comprehensive Plan Adoption Timeframe and Possible Moratorium? [The public hearing before the Planning Commission will be continued to the December 11, 2007 regular meeting, and a special "back-up" meeting is tentatively scheduled for Monday, December 17th. The Commission will forward its recommendation to the City Council for its regular scheduled meeting of January 15, 2008. Depending on the number of meetings they take to review and approve the DRAFT Comprehensive Plan, the review period for the neighboring jurisdiction would begin, which, by State Statute, could last for a period no longer than 6 months. The Plan will also likely be submitted to the Met Council during this period, and hopefully be acted on quickly. While the City awaits the review periods to end, the City intends to begin work on establishing the official controls, by updating the ordinances and land use regulations by February/March. Staff may be encouraging the Council to implement a development moratorium prior to the Met Council completing their review. Statute allows for up to a one year moratorium, and the City may wish to set a shorter time period.] MEMORANDUM TO: Chair Verbick and Members of the Planning Commission FROM: Dusty Finke, Assistant to Planning; through Planning Director Benetti DATE: December 6, 2007 MEETING: December 11, 2007 Planning Commission Meeting SUBJ: DRAFT Comprehensive Plan Update. Public Hearing Background On November 27, 2007 the Commission solicited public comment on the DRAFT Comprehensive Plan update. December 11, 2007 will be the official Public Hearing. None of the information which was distributed for the 11/27 meeting is included in this packet, so if you need any information, please contact Dusty right away (763-473-4643). Public Hearing When the Commission opens the Public Hearing, the first thing that staff recommends is that the Commission makes a motion to enter the comments from the November 27, 2007 meeting into the minutes. This will enter them officially into the record of the Public Hearing. The Commission should than solicit any additional comment from the public. Additional Meeting Time Staff collected possible meeting times in the event that the Commission is unable to forward a recommendation on the DRAFT at the December 11 meeting. It appears that December 17 works for everyone who responded to the email that was sent. Calling a Special meeting on that day is listed on the agenda, if it is necessary. Next Steps A number of people asked what the process is for adoption of the Comp Plan, and what follows. Staff summarized this process in response to a question at the 11/27 meeting: The public hearing before the Planning Commission will be continued to the December 11, 2007 regular meeting, and a special "back-up" meeting is tentatively scheduled for Monday, December 17th. The Commission will forward its recommendation to the City Council for its regular scheduled meeting of January 15, 2008. Depending on the number of meetings it takes to review and approve the DRAFT Comprehensive Plan, the review period for the neighboring jurisdiction would begin, which, by State Statute, could last for a period no longer than 6 months. The Plan will also likely be submitted to the Met Council during this period, and hopefully be acted on quickly. While the City awaits the review periods to end, the City intends to begin work on establishing the official controls by updating the ordinances and land use regulations by February/March. Staff may be encouraging the Council to implement a development moratorium before the Met Council is completed with their review. Statute allows for up to a one year moratorium, and the City may wish to set a shorter time period Attachments A number of questions were raised during public comment at the 11/27 meeting. A brief summary of these questions, along with responses from staff are attached. Also attached is any correspondence which was received by staff since the time the last packet of information was distributed. 2 Agenda Item: 8 MEMORANDUM TO: Planning Commission FROM: Dusty Finke, Assistant to Planning; through Planning Director Benetti DATE: December 6, 2007 MEETING: December 11, 2007 Planning Commission SUBJ: Wetland Ordinance Amendment Background The Commission discussed and tabled the wetlands ordinance at its October and November meeting. The two major points of discussion from the November meeting surrounded: 1) an appeals process for the wetland classification; and 2) being able to replace a home that may be destroyed by fire or some other disaster. The appeal provision was added to the attached draft ordinance. Legal staff rearranged large portions of the ordinance and changed a lot of the language. In terms of the rebuilding/non-conformity issue, legal staff suggested that the best way to handle this concern would be through the buffer flexibility and variance procedures which exist in the ordinance. However, if the Commission is strongly in favor of a total exemption for homes that are destroyed, legal staff believe that such a thing could be done. It would likely entail creating a new class of non -conformity and involve amendments to other portions of the zoning ordinance If the Commission is not comfortable that the flexibility and variance procedures can alleviate these concerns, the Commission should make a recommendation that this exemption be included in the ordinance and staff will work it into the draft. Staff Recommendations Staff recommends approval of the ordinance. The "triggers" and the buffer/setback requirements are the major regulatory tools of the ordinance, so staff advises the Commission to give explicit recommendations to the Council on those matters, if possible. Attachment Ordinance CITY OF MEDINA ORDINANCE NO. An Ordinance Pertaining to Wetland Protection and Regulation Amending Sections 826.25.5, 828.43, 831.05, 831.07, 832.05, 832.07, 833.05, 833.07 and 835.05 The city council of the city of Medina ordains as follows: SECTION I: Medina Code Section 826.25.5, subdivision 2 is amended by deleting the Gtricken material as follows: Section 826.25.5. (UR) Lot Area, Height, Lot Width and Setback Requirements. Within the Urban Reserve district, the following development standards shall apply: Subd. 2. The following minimum lot sizes, width, depth and setback requirements shall be observed, subject to additional requirements, exceptions, and modifications set forth in other sections of this ordinance. For purposes of calculating the amount of contiguous suitable soils available on a lot, only acceptable soils from the Medina Soils List in section 820.29 subd. 5 shall be considered suitable. The amount of contiguous suitable soils shall not include the areas outlined in section 820.29 subd. 4(a). (a) Lot Size - 40 acres with at least five acres of contiguous soils suitable for a standard individual sewage disposal system as regulated by section 720 Individual Sewage Treatment Systems et seq. of the code of ordinances. The lot must contain a primary and secondary site for an on -site sewage disposal system and both sites must be protected during construction. (b) Lot Width — 110 feet. (c) Lot Depth — 200 feet. (d) Front Yard Setbacks — 50 feet. (e) Side Yard Setbacks — 20 feet. (f) Rear Yard Setbacks — 40 feet. (g) Setbacks from Commercial Zoning Districts — 75 feet. (h) Wetland Setback 25 feet for a wetland less than 1 acre and 50 feet for a wetland greater than 1 acre, which setback shall be kept in natural vegetation and shall not be a mowed and/or fertilized lawn. 325342v1 SJS ME230-5 1 SECTION II. Medina Code Section 828.43 is amended by deleting the stricken material and adding the underlined material as follows: Section 828.43. Wetlands Conservation. Subd. 1. Purpose. The purpose of this subsection is to recognize, preserve, and protect the environmental, aesthetic, and hydrologic functions of the city's wetlands. These functions include, but are not limited to, sediment control, pollution control, filtration, aquifer recharge and providing habitat for fish and wildlife. The regulations and standards of this district shall be applied as an overlay zone, further regulating the use of land as allowed by other use districts under this ordinance. Subd. 2. Definitions. The following terms shall have the meanings given to them: (a) "Act" means Minnesota Laws 1991, Chapter 354, as amended. (b) "Applicant" means a person who applies for a permit to undertake any activity regulated by this subsection. (c) "Rules" means Minnesota Rules, Chapter 8420, as amended. All other terms used in this subsection which are defined in the Act or the Rules have the meanings given there. Subd. 3. Scope. This ordinance regulates the draining and filling of wetlands and parts of wetlands within the city. Except as provided in the exemption and no loss determination provisions of this subsection, wetlands within the city may not be drained or filled wholly or partially unless replaced by restoring or creating wetland areas of at least equal public value. Subd. 4. Local Government Unit. The city shall be the local government unit for the purposes of the Act and the Rules. Subd. 5. Technical Evaluation Panel. (a) A wetlands technical evaluation panel is hereby established. The panel shall be composed of the city engineer, a person appointed by the Board of Water and Soil Resources, and a person appointed by the Hennepin County Conservation District. (b) The technical evaluation panel shall exercise the authority granted to it under the Act, the Rules, and this subsection, including, without limitation: (i) making technical determinations concerning questions of public values, location, size, and type for replacement plans; (ii) assisting in making wetland size and type determinations as part of exemption and no loss determinations; 325342v1 SJS ME230-5 2 (iii) answering technical questions and participating in monitoring of replacement wetlands; and (iv) participating in the monitoring of banked wetlands. Subd. 6. Exemptions. A landowner may apply for a certificate granting an exemption from the provisions of this subsection for the purposes of draining or filling a wetland. An exemption certificate shall be granted pursuant to the following conditions: (a) receipt from the applicant by the city council of satisfactory evidence that the wetland to be drained or filled meets the exemption criteria contained in the Rules; (b) a finding by the technical evaluation panel that the wetland meets the exemption criteria contained in the Rules, if such a finding is deemed necessary by the city council; and (c) receipt by the applicant from the city of a certificate granting an exemption from the provisions of this subsection. The city shall mail a copy of its decision to the landowner and other persons to whom such notice is required within the time periods set forth in the Act and the Rules. Subd. 7. No loss. A landowner uncertain whether proposed work will result in a loss of wetlands may apply for a no loss determination. No loss determinations shall be made by the city council pursuant to the following conditions: (a) receipt from the applicant by the city council of satisfactory evidence of one of the following conditions: {i) the work will not drain or fill a wetland; (ii) water level management activities will not result in the conversion of a wetland to another land use; (iii) the activities are in a surface impoundment for containment of fossil fuel combustion waste or water retention, and are not part of a compensatory wetland mitigation program; or (iv) the activity is being conducted as part of an approved replacement plan or is conducted or authorized by public agencies for the purpose of wetland restoration and the activity is restricted to placing fill in a previously excavated drainage system to restore a wetland to its original condition; and (b) a finding by the technical evaluation panel that the criteria set forth in this subdivision have been satisfied, if such a finding is deemed necessary by the city council. Subd. 8. Replacement Plan Decisions. 325342v1 SJS ME230-5 3 (a) A landowner intending to drain or fill a wetland who does not qualify for or fails to obtain an exemption or no loss determination shall obtain approval of a replacement plan from the city council. Replacement plans intended to mitigate activities within the city must involve the replacement or rehabilitation of properties pursuant to the location requirements set forth in the Rules. (b) Replacement plan decisions under this subsection shall be made pursuant to the following procedures: (i) The applicant must submit the proposed plans to the city. (ii) If the applicant proposes to undertake an activity affecting less than 10,000 square feet of wetland, the city shall, within ten days of receiving the application, mail a summary of the application, including the identity of the applicant, the location and scope of the project, and a statement as to the duration of the time period on which comments on the application will be received, to the technical evaluation panel, the state commissioner of natural resources, and individual members of the public who have requested a copy. (iii) If the applicant proposes to undertake an activity affecting 10,000 square feet or more of wetland, the city shall, within ten days of receiving the application, mail a copy of the application, an invitation to comment, and a statement as to the duration of the time period on which comments on the application will be received, to the technical evaluation panel, the watershed district or water management organization in which the wetland is located, the state commissioner of natural resources, and individual members of the public who have requested a copy. (iv) The city council shall base decisions concerning replacement plans on the standards set forth in the Rules and on any technical determinations of the technical evaluation panel concerning the public values, location, size, and type of the affected wetland. The city shall mail a copy of its decision to the landowner and other persons to whom such notice is required within the time periods set forth in the Act and the Rules. (c) The city may at any time inspect any activity or project undertaken under this subdivision to ensure compliance with the Act, the Rules, and this subsection. In the °vent that the activity or project is not in compliance with the Act, the Rules, or this subsection, the city may take any enforcement action available under the state law, the Rules, or the Medina city code. Subd. 9. Wetland Banking Upon application by a landowner, the city council shall determine whether a wetland shall be certified as eligible for deposit in the state wetland bank. The city council shall certify a wetland as eligible for deposit in the state wetland bank pursuant to the 325342v1 SJS ME230-5 4 (a) receipt from the applicant by the city council of satisfactory evidence that the wetland meets the criteria for banking contained in the Act and the Rules; and (b) a finding by the technical evaluation panel that the wetland meets the criteria for banking contained in the Act and the Rules, if such a finding is deemed necessary by the city council. Subd. 10. Fees. Any application undcr this ordinancc must be accompanied by the fee established from time to time by the city council by resolution. No application shall be considered complete until the appropriate fee has been received by the city. Subd. 11. Incorporation by Reference. The Act and the Rules are hereby incorporated by reference as if fully set forth in this ordinance. In the event that an inconsistency exists between the provisions of the Act, the Rules, and this subsection, the provision which provides the most wetland protection shall apply. Subd. 1. Purpose. The city council of the city of Medina finds that wetlands serve a variety of beneficial functions. Wetlands maintain water quality, reduce flooding and erosion, provide food and habitat for wildlife, provide open space, and are an integral part of the city's environment. Wetlands are also important physical, educational, ecological, aesthetic, recreational and economic assets to the city. They are critical to the city's stormwater management and other aspects of the public health, safety and general welfare. Regulating wetlands and the land uses around them is therefore in the public interest. Subd. 2. Definitions. For Ale purposes of this section, the following terms shall have the meanings given to them: (a) "Applicant" means the individual or entity submitting a land use application to the city. (b) "MnRAM" means the Minnesota Routine Assessment Methodology for Evaluating Wetland Functions as referenced in Minnesota Rules 8420.0549 and maintained by the Minnesota Board of Soil and Water Resources. MnRAM is a field tool used to assess Wetland functions on a qualitative basis. Wetland functions assessed by MnRAM include: floral diversity and integrity; wildlife habitat; water quality protection; flood and stormwater attenuation; recreation; aesthetics; education; science; fishery habitat; shoreline protection; groundwater interaction; and commercial uses. (c) "Native Vegetation" means plant species indigenous to or naturalized to the Hennepin County Region of the State of Minnesota or plant species classified by the Minnesota Department of Natural Resources as native in the Minnesota Native Plant Database. Native vegetation does not include weeds as defined by this section. 325342v1 SJS ME230-5 5 (d) "Non-native Vegetation" means species not indigenous to or naturalized to the Hennepin County Region of the State of Minnesota by the Department of Natural Resources or plant species. (e) "Setback" means the minimum horizontal distance between a structure and the nearest edge of the Upland Buffer Zone. (f) "Upland Buffer Zone" means an area or areas of vegetated ground cover around the perimeter of a Wetland that, either in its natural condition or through intervention, is critical to the protection of that Wetland. An Upland Buffer Zone protects the edge of a Wetland from erosion and filter sediment, chemicals and other nutrients from the runoff that drains into the Wetland. An Upland Buffer Zone also provides wildlife habitat and assists in maintaining diversity of both plant and animal species within the city. It also reduces human disturbances to the Wetland by providing a visual and physical transition area from a yard to a Wetland. (g) "WCA" means the Minnesota Wetland Conservation Act of 1991, Minnesota Statutes Sections 103G.222 - .2373. The city of Medina shall be designated as the Local Government Unit for the purposes of the WCA. (h) "Weeds" mean (i) "noxious weeds" as defined and designated pursuant to the "Minnesota Noxious Weed Law," Minnesota Statutes Sections 18.76 through 18.88, as amended from time to time, or (ii) any volunteer plants, including, but not limited to, spotted knapweed (Centaurea Maculosa) or burdock (Arctium Minus). For the purposes of this section, Weeds shall not include dandelions or clover. The city weed inspector and/or assistant city weed inspector shall maintain a current list of plants that are defined as "Weeds" for purposes of this section. (i) "Wetland" means a land that is transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this section, in order for a land to be considered a "Wetland," it must have all of the following characteristics: (i) a predominance of hydric soils; (ii) be inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and (iii) under normal circumstances, support a prevalence of hydrophytic vegetation. (j) "WMCM" means a Wetland Management Classification Map which is to be maintained by the city. It must show the location of Wetlands on properties within the city. The WMCM shall classify each Wetland in the city as one or more of the following types: "Preserve," "Manage 1," "Manage 2," and "Manage 3." The classification shall be based on an assessment using MnRAM. The WMCM is hereby adopted by reference and a copy of which shall be kept on file 325342v1 SJS ME230-5 6 in the office of the zoning administrator. It shall be available for public review during all normal city office hours. Subd. 3. General Provisions. (a) In order to protect Wetlands, this section incorporates by reference the WCA and any future amendments to the WCA that are adopted by the Legislature. In the event that any requirements of this section are inconsistent with the WCA, the stricter provision that provides the most protection for Wetlands shall apply. (b) Applicability. This section shall apply to all property containing Wetlands in the following circumstances: (i) When any new development activity occurs on the property. For purposes of this section, "new development activity" means: (A) Any land use application submitted to the city, including but not limited to: subdivisions, minor subdivisions, site plan reviews, rezonings, or conditional use permits; or (B) Construction of a structure having a footprint greater than 1500 square feet that is on a permanent foundation. (ii) A soil disturbance greater than one half of an acre, regardless of whether the grading is associated with a land use application, a building permit or reconstruction. Soil disturbance involved with agricultural activities, shall be excluded; or iii When any construction or land alteration activity that does not fall within any of the above categories, but the city has determined has the potential to adversely impact a Wetland. For purposes of this section, "the potential to adversely impact a Wetland" exists when all of the following conditions are present: (A) The portion of the property to be disturbed by construction or land alteration activity naturally drains to a Wetland; (B) The amount of grading on the property exceeds fifty cubic yards or the construction activity involves the disturbance of an area of more than 5,000 square feet; and (C) The proposed structures or proposed impervious surface is within 100 of the Wetland. (c) Exemptions. The requirements of this section shall not apply to the following: 325342v1 SJS ME230-5 7 (i) Any land use application that has received final or preliminary plat approval by the city council prior to the effective date of this section; or (ii) Reconstruction of a legal non -conforming structure that was destroyed by fire or other peril that is permitted to be reconstructed by city code and state statute; Subd.4. Application Materials. An Applicant shall submit the following information to the city along with all other materials required by city code with respect to any land use application or permit application: (a) A grading plan (if grading is proposed); (b) The square footage of the proposed structure and any impervious surface; (c) A Wetland delineation report. It is the responsibility of the Applicant to determine whether Wetlands exist on the property by completing a Wetland delineation and submitting a Wetland delineation report. The following shall apply to the Wetland delineation report: (i) The report must delineate and document the boundaries of any Wetlands on the property in accordance with the WCA requirements. (ii) The City may require that the Wetland delineation be performed by a certified Wetland delineator. The Wetland delineation must be performed according to the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual and subsequent amendments, and be acceptable to the city engineer. The city engineer shall have complete discretion in determining whether the Wetland delineation report is acceptable. thD The report must state the WMCM classifications for all Wetlands located on the property. All Wetlands on the property must be given the same classification that they are given in the WMCM. However, the Applicant may appeal a Wetland's classification through the process described below. If a Wetland on the property is not shown or classified on the WMCM, the Applicant must submit a completed electronic copy of the MnRAM (version 3.0) form for the Wetland to the city. The MnRAM form must be filled out by a person trained in Wetland science. iv Wetland delineations and any required MnRAM classifications must be completed by the Applicant between April 20th and October 20th of the given year and must be submitted to the city for review no later than November 1 st. A Wetland delineation completed outside these dates or submitted later than November 1st will be considered to be incomplete. 325342v1 SJS ME230-5 8 (v) Wetland classification appeal. In the event that the Applicant is not in agreement with a Wetland's classification, the Applicant may appeal the classification to the city. The Applicant shall include documentation with the appeal that supports the Applicant's position. The appeal will be reviewed by city staff and decided by a technical evaluation panel, members of which will be determined by the city council. The technical evaluation panel shall make a determination on the appeal within forty-five days of filing a complete appeal application. The Applicant may appeal the technical evaluation panel's decision to the city council. The appeal must be filed within thirty days of the technical evaluation panel's decision. (vi) The city shall place any approved Wetland classifications on the WMCM. (d) A certificate of survey or site plan that shows the Upland Buffer Zones and setbacks to the Wetlands on the property; (e) If required, an Upland Buffer Zone landscapinglan• (f) Any submittals required by the WCA; (g) Legal descriptions of the Wetlands and Upland Buffer Zones. Wetlands and Upland Buffer Zones shall be protected by a conservation easement to be given to the city. The city will provide the conservation easement form; and (h) Deposit funds an escrow in an amount to be determined by the city to be used for any expenses incurred by the City in completing its review of the Wetland delineation report, completing a review of a classification appeal, and, if appropriate, developing a Wetland boundary estimate and determining if the Upland Buffer Zones proposed by the Applicant meet the requirements of this section. Subd. 5. Upland Buffer Zone and Required Structure Setbacks. (a) The following table denotes the required Upland Buffer Zone for each Wetland which is based on the Wetland's classification. However, if the area of the Upland Buffer Zone has a preconstruction slope that exceeds twelve percent, the required Upland Buffer Zone shall be the maximum width required for a Upland Buffer Zone for that particular Wetland. If approved by city staff, the Upland Buffer Zone's width may be adjusted along the Wetland's boundaries to be less than the average width required by this section, so long as it does not fall below the minimum width requirements of this section. Wetland Upland Buffer Minimum Upland Minimum Structure Setback Zone Average Buffer Zone from the Outer Edge of the Classification Width Width Upland Buffer Zone 325342v1 SJS ME230-5 9 Preserve 50 feet 30 feet 20 feet Manage 1 35 feet 25 feet 20 feet Manage 2 25 feet 25 feet 20 feet Manage 3 20 feet 16 feet 20 feet (b) All Upland Buffer Zones shall be measured from the edge of the delineated Wetland as approved by the City into the adjacent upland area. (c) Where existing structures or surfaces are located within an area that would be required to be included in an Upland Buffer Zone, alternative methods to protect the Wetland may be approved by the city council in order to avoid creating unreasonable impacts on the existing use of the property. Such methods may include, but are not limited to, Upland Buffer Zone width averaging below the minimum required, redirection of drainage to an area where the Upland Buffer Zone is feasible while still maintaining the drainage to the Wetland or the use of rainwater gardens, vegetated swales or other best management practices for treating runoff. (d) For roadways, trails, and driveways, or portions thereof that are routed across a Wetland and are subject to WCA replacement requirements, Upland Buffer Zones will be required on the fill slope but fill shall not be expanded to accommodate the additional Upland Buffer Zone. The city may allow public trails within the Upland Buffer Zone if they are located outside of the minimum Upland Buffer Zone required for that Wetland. The temporary and permanent trail disturbance must be less then nine feet in width. (e) Wetlands and Upland Buffer Zones shall be protected by a conservation easement to be given by the Applicant in favor of the city. Any alterations, including, but not limited to, building, paving, mowing, introduction of Non-native Vegetation, cutting, filling, dumping, yard waste disposal, fertilizer application, activities not permitted by the WCA shall be prohibited within the Wetland and Upland Buffer Zone. However, Non-native Vegetation or dead or diseased trees that pose a hazard may be removed. 325342v1 SJS ME230-5 10 Subd. 6. Upland Buffer Zone Markers. All Upland Buffer Zones shall be equipped with markers that denote that the areas are Upland Buffer Zones. The Applicant shall be responsible for the costs of the installation and construction of the markers. At a minimum, one marker shall be placed per lot at the upslope edge of the Upland Buffer Zone and then placed every 250 feet thereafter and on all common lot lines. (a) Proposed locations of the markers shall be shown on the grading or site plan for the property. The location of the markers shall capture the portion of the Upland Buffer Zone that extends the furthest upslope into the lot. A plan that shows the location of the marker shall be provided to the city for its review and approval. (b) Artwork and verbiage on the sign shall face the principal structure. (c) Sign dimensions, specifications, verbiage, and artwork shall be specified by the city and provided to the Applicant. Subd. 7. Vegetation Performance Standards. (a) Where acceptable natural vegetation exists in an Upland Buffer Zone, the retention of the natural vegetation in an undisturbed state shall be required unless the Applicant receives approval from the city to replace the vegetation. An Upland Buffer Zone will be considered to have acceptable natural vegetation if it: (0 is composed of less then twenty-five percent Weeds; (ii) has exposed soil that is less than five percent and the remainder of the Wetland Buffer Zone is covered by Native Vegetation; and iii does not contain any maintained turf grass. (b) Where a Upland Buffer Zone or a portion thereof is not considered to be acceptable or is allowed by the city to be disturbed, a Upland Buffer Zone landscaping plan must be submitted to the city for approval. The landscaping plan must involve the seeding or planting of a minimum of at least four species of native grasses and five species of native forbs and a cover crop. At a minimum, the landscaping plan submitted to the city shall include the following information: (i) A plan sheet that shows the location of the Upland Buffer Zones. The plan sheet must also show Upland Buffer Zones that are considered to be acceptable in their current state and identify them as areas that will not be disturbed during grading. The city may require silt fencing around these areas in order to protect them from erosion and disturbance during grading and construction; (ii) The species, planting and seeding locations for Upland Buffer Zones that were determined to be unacceptable by the city; and 325342v1 SJS ME230-5 11 iii Detailed specifications that describe sequencing, scheduling, materials, installation and maintenance execution for the seeding or planting of the Upland Buffer Zones. (c) In cases where an Upland Buffer Zone is required and the vegetation is considered to be unacceptable or will be disturbed, the city may require an approved form of a financial guarantee equal to 150 percent of the estimated cost of the vegetation installation. The financial guarantee must valid for up to two years and may be used by the city for compliance inspections and establishment of the required vegetation if it is not completed by Applicant or is deemed unsuccessful by the city. Vegetation will be deemed by the city to be successful if the area has a minimum of one plant per square foot from the specified seed mix or planting plan and less than twenty-five percent of the area is inhabited by Weeds. Subd. 8. Maintenance. The property owner or homeowners' association shall be responsible for maintaining the Upland Buffer Zones on the property. Maintenance shall include the following: (a) Maintain and repair any damage to the Wetland Buffer Zone from activities such as mowing, cutting or grading, unless the activities are approved by the city. (b) Ensure that all soil surfaces in the Wetland Buffer Zone are planted with Native Vegetation and that there is less then five percent of open soil surface which may result in erosion. Subd. 9. Wetland and Upland Buffer Zone Mitigation. (a) In cases where Wetland or Upland Buffer Zone alteration is approved by the city and mitigation is required, the mitigation must result in equal or improved Wetland function and value. All Wetland mitigation plans must address water quality improvement, maintenance of preexisting hydrological balance and wildlife habitat. Wetland mitigation must be performed at the ratios required by the WCA in order to achieve the replacement of the Wetland function and value. (b) The following shall be required by the city for any Wetland or Upland Buffer Zone mitigation: (a) Wetland mitigation shall conform to the requirements of the WCA. Upland Buffer Zones shall be required to be replaced on the fill slope and elsewhere along the edge of the existing Wetland to meet the required area required by this section for an Upland Buffer Zone. If a Wetland is to be completely filled pursuant to an approved Wetland permit, the Upland Buffer Zone area requirement associated with the classification of that Wetland will be also required for the replacement Wetland unless the replacement is occurring adjacent to a Wetland with a classification that 325342v1 SJS ME230-5 12 requires a wider Upland Buffer Zone. In that event, the Upland Buffer Zone requirement for the wider Upland Buffer Zone shall apply. (b) Wetland and Upland Buffer Zone plantings that are completed for mitigation shall meet the standards for vegetation specified in this section. (c) Upland Buffer Zones may be utilized for Wetland mitigation credits if they meet the requirements of the WCA. Subd. 10. Variance. A variance from the requirements of this section may be granted by the city council in accordance with the variance provisions of the city code, so long as the variance does not violate the WCA or any other applicable state statutes or rules. Subd. 11. Enforcement. (a) Investigation. When a violation of this section is either discovered by or brought to the attention of the city, the city shall immediately investigate the situation and document the nature and extent of the violation. (b) Notice of the Violation. If a violation is found to exist, the city shall notify the offending party of the requirements of this section, all other applicable official controls and the nature and extent of the suspected violation of these controls. If the structure or use is under construction or development, the city may order the construction or development to be immediately stopped until the property is brought into compliance with this section. If the construction or development has already been completed, then the city may issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with this section. (c) Appeal. The offending party may appeal the city's correction order to the city council. An appeal must be brought in writing no later than ten days from the date of the notice. (d) Failure to Correct. If the offending party does not correct the work within the specified date on the notice and no appeal has been taken within ten days of the notice, the city may enter the property and perform the corrective work. Any amount incurred by the city in performing the corrective work may be certified by the city to the county for collection with the property taxes. (e) Penalties. Any person who violates any provision of this section shall be guilty of a misdemeanor and shall be subject to a maximum fine or maximum period of imprisonment, or both, as specified by Minnesota Statutes Section 609.03. Each additional day that the property remains in violation of this section shall constitute an additional violation of this section and may be prosecuted accordingly. 325342v1 SJS ME230-5 13 (f) Nothing contained herein shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation of this section, including, but not limited to, seeking a civil injunction or restraining order. SECTION III. Medina Code Section 831.05, subdivision 9 is amended by deleting the Gtricken material as follows: Section 831.05. Lot, Setbacks and Building Size Requirements. The following minimum requirements shall be observed, subject to additional requirements, exceptions and modifications set forth in other sections of this ordinance. (When setback provisions overlap, the most restrictive provisions of both setbacks shall apply. See Figure 1.) Subd. 9. Wetland Setback: Shall be a minimum of 10 feet and such setback shall be natural vegetation but shall not be a mowed and/or fertilized lawn. SECTION IV. Medina Code Section 831.07, subdivision 1 is amended by deleting the stricken material as follows: Section 831.07. Design and Development Standards. Design and development standards are established for this district to achieve a high standard of development by providing assurance that land uses, buildings, and functions are compatible within the district and with adjacent districts. The plans and the proposed use of a property shall conform to the design and development standards prior to approval of any permit. The applicant or owner shall supply data necessary to demonstrate such conformance. Subd. 1. Design and development standards — all uses: The following design and development standards are identified for all uses. Additional standards may be identified during the review and approval process, due to the particular characteristics of each site, the proposed development of the site, and the uses on adjacent property. (a) Site Analysis — A complete analysis of the site shall be made and a site analysis map shall be prepared as defined by this ordinance. The analysis map shall then be used to determine how the site shall be used and to identify the appropriate arrangement of the various components to the development. A site plan shall then be prepared as defined by this ordinance. (b) Landscape Plan — A landscape plan shall be prepared. The landscape plan must include existing trees and landscaping to be retained. The plan must show new landscaping including ground cover, shrubs, and trees by type, size, and spacing. The plan must also include planting methods, walls and fences, if any, (which must be decorative), plazas, fountains, sculptures, all outdoor lights, and other relevant features. (c) Building Plan - A building plan shall be prepared and include at least the following : a generalized floor plan for each floor, uses, elevation plans for each side of the building showing proposed color and type of materials, fenestration, any rooftop equipment and proposed screening materials, size and square footage, 325342v1 SJS ME230-5 14 number of parking stalls in the building or in the ramp or deck, if any, building size, building height, exterior lighting, signage if any, and any other relevant features. (d) Utilities — All utilities shall be placed underground. Transformers and similar equipment, if any, should be located inside a building or shall be fully screened from view. (e) Signage — A coordinated signage system for the building and access may have to be provided. (0 Natural Features and Drainage — Retaining existing land forms on the site is encouraged especially when it involves natural amenities such as mature trees and natural drainage. Protection of Elm Creek is required by the shoreland ordinance. Natural vegetation enhancement along the creek is encouraged. Plans which restore natural vegetation along the creek may be given up to a 25 percent reduction in one or two of the yard setbacks. (g) Wetland Setback (See section titled Lot, Setback and Building Size Requirements and Figure 1) SECTION V. Medina Code Section 832.05, subdivision 9 is amended by deleting the stricken material as follows: Section 832.05. Lot, Setback and Building Size Requirements. The following minimum requirements shall be observed, subject to additional requirements, exceptions and modifications set forth in other sections of this ordinance (When setback provisions overlap, the most restrictive provisions of both setbacks shall apply. See Figure 1). be a mowed and/or fertilized lawn. SECTION VI. Medina Code Section 832.07, subdivision 1 is amended by deleting the stricken material as follows: Section 832.07. Design and Development Standards. Design and development standards are established for this district to achieve a high standard of development by providing assurance that land uses, buildings and functions are compatible within the district and with adjacent districts. The plans and the proposed use of a property shall conform to the design and development standards prior to approval of any permit. The applicant or owner shall supply plans and data necessary to demonstrate such conformance Subd. 1. Design and development standards — all uses: The following design and development standards are identified for all uses. Additional standards may be identified during 325342v1 SJS ME230-5 15 the review and approval process, due to the particular characteristics of each site, the proposed development of the site, and the uses on adjacent property. (a) Site Analysis — A complete analysis of the site shall be made and a site analysis map shall be prepared as defined by this ordinance. The analysis map shall then be used to determine how the site shall be used and to identify the appropriate arrangement of the various components to the development. A site plan shall then be prepared as defined by this ordinance. (b) Landscape Plan — A landscape plan shall be prepared. The landscape plan must include existing trees and landscaping to be retained. The plan must show new landscaping including ground cover, shrubs, and trees by type, size, and spacing. The plan must also include: planting methods, walls and fences, if any, (which must be decorative), plazas, fountains, sculptures, all outdoor lights, and other relevant features. (c) Building Plan — The building plan shall be prepared and include at least the following: a generalized floor plan for each floor, uses, elevation plans for each side of the building showing proposed color and type of materials, fenestration, any rooftop equipment and proposed screening materials, size and square footage, number of parking stalls in the building or in the ramp or deck, if any, building size, building height, exterior lighting, signage if any, and any other relevant features. (d) Utilities — All utilities shall be placed underground. Transformers and similar equipment, if any, should be located inside a building or shall be fully screened from view. (e) Signage — A coordinated signage system for the building and access may have to be provided. (0 Grade Preserved — In general, existing landforms and grades on the site are expected to be preserved. Some change may be appropriate to accommodate the principal building, construct required berms, and achieve reasonable grades for access drives. No grading or tree removal shall take place prior to approval of a specific site plan for the site. (g) Natural Drainage — To the extent possible, development plans shall provide an open, natural drainage system, except for such portions where it can be shown that a natural system is not feasible. The volume and speed of runoff shall be minimized. Flow shall be dispersed and directed in a manner that supports and enhances natural drainage and enhances water quality. Ponds will only be allowed when no other feasible alternative exists. (h) Wetland Setback (Scc section titled, Lot, Setback and Building Size Requirements and see Figure 1) 325342v1 SJS ME230-5 16 SECTION VII. Medina Code Section 833.05, subdivisions 9 and 12 are by deleting the Gtricken material and adding the underlined material as follows: Section 833.05. Lot, Setback and Building Size Requirements. The following minimum requirements shall be observed, subject to additional requirements, exceptions and modifications set forth in other sections of this ordinance (when setback provisions overlap, the most restrictive provisions of both setbacks shall apply.) See Figure 1. Subd. 9. Wetland Setback: Shall be a minimum of 25 feet for a wetland less than 1 acre and 50 feet for wetlands greater than 1 acre, and such setback shall be natural vegetation, but shall not be a mowed and/or fertilized lawn. Subd. 12. Limitations on Setbacks: No required front yard, side yard, or rear yard and wetland setback or other required setbacks shall be used for building, storage, or other functions except for recreation and open spaces uses. When setback provisions overlap, the most restrictive provision of both setbacks apply. (See also Impervious Coverage in the Design and Development Standard — all uses) SECTION VIII. Medina Code Section 833.07, subdivision 1 is amended by deleting the stricken material as follows: Section 833.07. Design and Development Standards. Design and development standards are established for this district to achieve a high standard of development by providing assurance that land uses, buildings, and functions are compatible within the district and with adjacent districts. The plans and the proposed use of a property shall conform to the design and development standards prior to approval of any permit. The applicant or owner shall supply plans and data necessary to demonstrate such conformance. Subd. 1. Design and development standards — all uses: The following design and development standards are identified for all uses. Additional standards may be identified during the review and approval process, due to the particular characteristics of each site, the proposed development of the site, and the uses on adjacent property. (a) Site Analysis — A complete analysis of the site shall be made and a site analysis map shall be prepared as defined by this ordinance. The analysis map shall then be used to determine how the site shall be used and to identify the appropriate arrangement of the various components to the development. A site plan shall then be prepared as defined by this ordinance. (b) Landscape Plan — A landscape plan shall be prepared. The landscape plan must include existing trees and landscaping to be retained. The plan must show new landscaping including ground cover, shrubs, and trees by type, size and spacing. The plan must also include: planting methods, walls and fences, if any, (which must be decorative), plazas, fountains, sculptures, all outdoor lights, and other relevant features. 325342v1 SJS ME230-5 17 (c) Building Plan — The building plan shall be prepared and include at least the following: a generalized floor plan for each floor, uses, elevation plans for each side of the building showing proposed color and type of materials, fenestration, any rooftop equipment and proposed screening materials, size and square footage, number of parking stalls in the building or in the ramp or deck, if any, building size, building height, exterior lighting, signage if any, and any other relevant features. (d) Utilities — All utilities shall be placed underground. Transformers and similar equipment, if any, should be located inside a building or shall be fully screened from view. (e) Signage — A coordinated signage system for the building and access may have to be provided. (0 Grade Preserved — On developed sites existing grades are expected to be retained, except for expansion of existing buildings which need to meet the existing building grade and for construction of berms or similar features. In developing new sites, significant landforms and grades need to be included in the plan with some change allowed to accommodate the principle building, required berms, and achieve reasonable grades for parking, access and drives. (g) Natural Drainage — To the extent possible, development plans shall provide an open, natural drainage system, except for such portions where it can be shown that a natural system is not feasible. The volume and speed of runoff shall be minimized. Flow shall be dispersed and directed in a manner that supports and enhances natural drainage and enhances water quality. Ponds will only be allowed when no other feasible alternative exists. (h) Wetland Setback (See section titled, Lot, Setback and Building Size Requirements) SECTION IX. Medina Code Section 835.05 is amended by deleting the stricken material and adding the underlined material as follows: Section 835.05. Lot, Setbacks, Building Size Requirements and Sanitary Sewer Usage Rate. The following minimum requirements shall be observed, subject to additional requirements, exceptions and modifications set forth in other sections of this ordinance. Subd. 9. Minimum Wetland Setback: 25 feet for a wetland less than 1 acre and 50 feet for a wetland greater than 1 acre, which setback shall be kept in natural vegetation and shall not be a mowed and/or fertilized lawn. Subd. 12. Limitations on Setbacks: No required front yard, side yard, rear yard or and wetland setback or other required setbacks shall be used for building, or other use. No impervious surface shall be located in any required setback except for approved driveways, parking lot, walks, and trails approved by the City. When setback provisions overlap, the most restrictive provision of both setbacks applies. 325342v1 SJS ME230-5 18 SECTION X. This ordinance shall become effective upon its adoption and publication. Adopted by the city council of the city of Medina this day of , 2007. T.M. Crosby, Jr., Mayor ATTEST: Chad M. Adams, City Administrator Published in the South Crow River News this day of , 2007. 325342v1 SJS ME230-5 19 CITY OF MEDINA ORDINANCE NO. An Ordinance Pertaining to Wetland Protection and Regulation Amending Sections 826.25.5, 828.43, 831.05, 831.07, 832.05, 832.07, 833.05, 833.07 and 835.05 The city council of the city of Medina ordains as follows: SECTION I: Medina Code Section 826.25.5, subdivision 2 is amended by deleting the Gtricken material as follows: Section 826.25.5. (UR) Lot Area, Height, Lot Width and Setback Requirements. Within the Urban Reserve district, the following development standards shall apply: Subd. 2. The following minimum lot sizes, width, depth and setback requirements shall be observed, subject to additional requirements, exceptions, and modifications set forth in other sections of this ordinance. For purposes of calculating the amount of contiguous suitable soils available on a lot, only acceptable soils from the Medina Soils List in section 820.29 subd. 5 shall be considered suitable. The amount of contiguous suitable soils shall not include the areas outlined in section 820.29 subd. 4(a). (a) Lot Size - 40 acres with at least five acres of contiguous soils suitable for a standard individual sewage disposal system as regulated by section 720 Individual Sewage Treatment Systems et seq. of the code of ordinances. The lot must contain a primary and secondary site for an on -site sewage disposal system and both sites must be protected during construction. (b) Lot Width —110 feet. (c) Lot Depth — 200 feet. (d) Front Yard Setbacks — 50 feet. (e) Side Yard Setbacks — 20 feet. (0 Rear Yard Setbacks 40 feet. (g) Setbacks from Commercial Zoning Districts — 75 feet. (h) Wetland Setback 25 feet for a wetland less than 1 acre and 50 feet for a wetland greater than 1 acre, which setback shall be kept in natural vegetation and shall not be a mowed and/or fertilized lawn. 325342v1 SJS ME230-5 1 SECTION II. Medina Code Section 828.43 is amended by deleting the stricken material and adding the underlined material as follows: Section 828.43. Wetlands Conservation. Subd. 1. Purpose. The purpose of this subsection is to recognize, preserve, and protect the environmental, aesthetic, and hydrologic functions of the city's wetlands. These functions include, but are not limited to, sediment control, pollution control, filtration, aquifer recharge and providing habitat for fish and wildlife. The regulations and standards of this district shall be applied as an overlay zone, further regulating the use of land as allowed by other use districts under this ordinance. Subd. 2. Definitions. The following terms shall have the meanings given to them: (a) "Act" means Minnesota Laws 1991, Chapter 354, as amended. (b) "Applicant" means a person who applies for a permit to undertake any activity regulated by this subsection. (c) "Rules" means Minnesota Rules, Chapter 8420, as amended. All other terms used in this subsection which are defined in the Act or the Rules have the meanings given there. Subd. 3. Scope. This ordinance regulates the draining and filling of wetlands and parts of wetlands within the city. Except as provided in the exemption and no loss determination provisions of this subsection, wetlands within the city may not be drained or filled wholly or partially unless replaced by restoring or creating wetland areas of at least equal public value. Subd. 4. Local Government Unit. The city shall be the local government unit for the purposes of the Act and the Rules. Subd. 5. Technical Evaluation Panel. (a) A wetlands technical evaluation panel is hereby established. The panel shall be composed of the city engineer, a person appointed by the Board of Water and Soil Resources, and a person appointed by the Hennepin County Conservation District. (b) The technical evaluation panel shall exercise the authority granted to it under the Act, the Rules, and this subsection, including, without limitation: size, and type for replacement plans; (ii) assisting in malting wetland size and type determinations as part of exemption 325342v1 SJS ME230-5 2 (iii) answering technical questions and participating in monitoring of replacement wetlands; and (iv) participating in the monitoring of banked wetlands. Subd. 6. Exemptions. A landowner may apply for a certificate granting an exemption from the provisions of this subsection for the purposes of draining or filling a wetland. An exemption certificate shall be granted pursuant to the following conditions: (a) receipt from the applicant by the city council of satisfactory evidence that the wetland to be drained or filled meets the exemption criteria contained in the Rules; (b) a finding by the technical evaluation panel that the wetland meets the exemption criteria contained in the Rules, if such a finding is deemed necessary by the city council; and (c) receipt by the applicant from the city of a certificate granting an exemption from the provisions of this subsection. The city shall mail a copy of its decision to the landowner and other persons to whom such notice is required within the time periods set forth in the Act and the Rules. Subd. 7. No loss. A landowner uncertain whether proposed work will result in a loss of wetlands may apply for a no loss determination. No loss determinations shall be made by the city council pursuant to the following conditions: (a) receipt from the applicant by the city council of satisfactory evidence of one of the following conditions: (i) the work will not drain or fill a wetland; (ii) water level management activities will not result in the conversion of a wetland to another land use; (iii) the activities are in a surface impoundment for containment of fossil fuel combustion waste or water retention, and are not part of a compensatory wetland mitigation program; or (iv) the activity is being conducted as part of an approved replacement plan or is conducted or authorized by public agencies for the purpose of wetland restoration and the activity is restricted to placing fill in a previously excavated drainage system to restore a wetland to its original condition; and (b) a finding by the technical evaluation panel that the criteria set forth in this subdivision have been satisfied, if such a finding is deemed necessary by the city council. Subd. 8. Replacement Plan Decisions. 325342v1 SJS ME230-5 3 (a) A landowner intending to drain or fill a wetland who does not qualify for or fails to obtain an exemption or no loss determination shall obtain approval of a replacement plan from the city council. Replacement plans intended to mitigate activities within the city must involve the replacement or rehabilitation of properties pursuant to the location requirements set forth in the Rules. (b) Replacement plan decisions under this subsection shall be made pursuant to the following procedures: (i) The applicant must submit the proposed plans to the city. (ii) If the applicant proposes to undertake an activity affecting less than 10,000 square feet of wetland, the city shall, within ten days of receiving the application, mail a summary of the application, including the identity of the applicant, the location and scope of the project, and a statement as to the duration of the time period on which comments on the application will be received, to the technical evaluation panel, the state commissioner of natural resources, and individual members of the public who have requested a copy. (iii) If the applicant proposes to undertake an activity affecting 10,000 square feet or more of wetland, the city shall, within ten days of receiving the application, mail a copy of the application, an invitation to comment, and a statement as to the duration of the time period on which comments on the application will be received, to the technical evaluation panel, the watershed district or water management organization in which the wetland is located, the state commissioner of natural resources, and individual members of the public who have requested a copy. (iv) The city council shall base decisions concerning replacement plans on the standards set forth in the Rules and on any technical determinations of the technical evaluation panel concerning the public values, location, size, and type of the affected wetland. The city shall mail a copy of its decision to the landowner and other persons to whom such notice is required within the time periods set forth in the Act and the Rules. (c) The city may at any time inspect any activity or project undertaken under this subdivision to ensure compliance with the Act, the Rules, and this subsection. In the event that the activity or project is not in compliance with the Act, the Rules, or this subsection, the city may take anv enforcement action available under the state law, the Rules, or the Medina city code. Subd. 9. Wetland Banking. Upon application by a landowner, the city council shall determine whether a wetland shall be certified as eligible for deposit in the state wetland bank. The city council shall certify a wetland as eligible for deposit in the state wetland bank pursuant to the 325342v1 SJS ME230-5 4 (a) receipt from the applicant by the city council of satisfactory evidence that the wetland meets the criteria for banking contained in the Act and the Rules; and (b) a finding by the technical evaluation panel that the wetland meets the criteria for banking contained in the Act and the Rules, if such a finding is deemed necessary by the city council. Subd. 10. Fees. Any application under this ordinance must be accompanied by the fee established from time to time by the city council by resolution. No application shall be considered complete until the appropriate fee has been received by the city. Subd. 11. Incorporation by Reference. The Act and the Rules are hereby incorporated by reference as if fully set forth in this ordinance. In the event that an inconsistency exists between the provisions of the Act, the Rules, and this subsection, the provision which provides the most wetland protection shall apply. Subd. 1. Purpose. The city council of the city of Medina finds that wetlands serve a variety of beneficial functions. Wetlands maintain water quality, reduce flooding and erosion, provide food and habitat for wildlife, provide open space, and are an integral part of the city's environment. Wetlands are also important physical, educational, ecological, aesthetic, recreational and economic assets to the city. They are critical to the city's stormwater management and other aspects of the public health, safety and general welfare. Regulating wetlands and the land uses around them is therefore in the public interest. Subd. 2. Definitions. For the purposes of this section, the following terms shall have the meanings given to them: (a) "Applicant" means the individual or entity submitting a land use application to the city. (b) "MnRAM" means the Minnesota Routine Assessment Methodology for Evaluating Wetland Functions as referenced in Minnesota Rules 8420.0549 and maintained by the Minnesota Board of Soil and Water Resources. MnRAM is a field tool used to assess Wetland functions on a qualitative basis. Wetland functions assessed by MnRAM include: floral diversity and integrity; wildlife habitat; water quality protection; flood and stormwater attenuation; recreation; aesthetics; education; science; fishery habitat; shoreline protection; groundwater interaction; and commercial uses. (c) "Native Vegetation" means plant species indigenous to or naturalized to the Hennepin County Region of the State of Minnesota or plant species classified by the Minnesota Department of Natural Resources as native in the Minnesota Native Plant Database. Native vegetation does not include weeds as defined by this section. 325342v1 SJS ME230-5 5 (d) "Non-native Vegetation" means species not indigenous to or naturalized to the Hennepin County Region of the State of Minnesota by the Department of Natural Resources or plant species. (e) "Setback" means the minimum horizontal distance between a structure and the nearest edge of the Upland Buffer Zone. (f) "Upland Buffer Zone" means an area or areas of vegetated ground cover around the perimeter of a Wetland that, either in its natural condition or through intervention, is critical to the protection of that Wetland. An Upland Buffer Zone protects the edge of a Wetland from erosion and filter sediment, chemicals and other nutrients from the runoff that drains into the Wetland. An Upland Buffer Zone also provides wildlife habitat and assists in maintaining diversity of both plant and animal species within the city. It also reduces human disturbances to the Wetland by providing a visual and physical transition area from a yard to a Wetland. (g) "WCA" means the Minnesota Wetland Conservation Act of 1991, Minnesota Statutes Sections 103G.222 - .2373. The city of Medina shall be designated as the Local Government Unit for the purposes of the WCA. (h) "Weeds" mean (i) "noxious weeds" as defined and designated pursuant to the "Minnesota Noxious Weed Law," Minnesota Statutes Sections 18.76 through 18.88, as amended from time to time, or (ii) any volunteer plants, including, but not limited to, spotted knapweed (Centaurea Maculosa) or burdock (Arctium Minus). For the purposes of this section, Weeds shall not include dandelions or clover. The city weed inspector and/or assistant city weed inspector shall maintain a current list of plants that are defined as "Weeds" for purposes of this section. (i) "Wetland" means a land that is transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this section, in order for a land to be considered a "Wetland," it must have all of the following characteristics: (i) a predominance of hydric soils; (ii) be inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and (iii) under normal circumstances, support a prevalence of hydrophytic vegetation. (j) "WMCM" means a Wetland Management Classification Map which is to be maintained by the city. It must show the location of Wetlands on properties within the city. The WMCM shall classify each Wetland in the city as one or more of the following types: "Preserve," "Manage 1," "Manage 2," and "Manage 3." The classification shall be based on an assessment using MnRAM. The WMCM is hereby adopted by reference and a copy of which shall be kept on file 325342v1 SJS ME230-5 6 in the office of the zoning administrator. It shall be available for public review during all normal city office hours. Subd. 3. General Provisions. (a) In order to protect Wetlands, this section incorporates by reference the WCA and any future amendments to the WCA that are adopted by the Legislature. In the event that any requirements of this section are inconsistent with the WCA, the stricter provision that provides the most protection for Wetlands shall apply. (b) Applicability. This section shall apply to all property containing Wetlands in the following circumstances: (i) When any new development activity occurs on the property. For purposes of this section, "new development activity" means: (A) And land use application submitted to the city, including but not limited to: subdivisions, minor subdivisions, site plan reviews, rezonings, or conditional use permits; or (B) Construction of a structure having a footprint greater than 1500 square feet that is on a permanent foundation. (ii) A soil disturbance greater than one half of an acre, regardless of whether the grading is associated with a land use application, a building permit or reconstruction. Soil disturbance involved with agricultural activities, shall be excluded; or iii When any construction or land alteration activity that does not fall within any of the above categories, but the city has determined has the potential to adversely impact a Wetland. For purposes of this section, "the potential to adversely impact a Wetland" exists when all of the following conditions are present: (A) The portion of the property to be disturbed by construction or land alteration activity naturally drains to a Wetland; (B) The amount of grading on the property exceeds fifty cubic yards or the construction activity involves the disturbance of an area of more than 5,000 square feet; and (C) The proposed structures or proposed impervious surface is within 100 of the Wetland. (c) Exemptions. The requirements of this section shall not apply to the following: 325342v1 SJS ME230-5 7 (i) Any land use application that has received final or preliminary plat approval by the city council prior to the effective date of this section; or (ii) Reconstruction of a legal non -conforming structure that was destroyed by fire or other peril that is permitted to be reconstructed by city code and state statute; Subd.4. Application Materials. An Applicant shall submit the following information to the city along with all other materials required by city code with respect to any land use application or permit application: (a) A grading plan (if grading is proposed); (b) The square footage of the proposed structure and any impervious surface; (c) A Wetland delineation report. It is the responsibility of the Applicant to determine whether Wetlands exist on the property by completing a Wetland delineation and submitting a Wetland delineation report. The following shall apply to the Wetland delineation report: (i) The report must delineate and document the boundaries of any Wetlands on the property in accordance with the WCA requirements. (ii) The City may require that the Wetland delineation be performed by a certified Wetland delineator. The Wetland delineation must be performed according to the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual and subsequent amendments, and be acceptable to the city engineer. The city engineer shall have complete discretion in determining whether the Wetland delineation report is acceptable. OEW The report must state the WMCM classifications for all Wetlands located on the property. All Wetlands on the property must be given the same classification that they are given in the WMCM. However, the Applicant may appeal a Wetland's classification through the process described below. If a Wetland on the property is not shown or classified on the WMCM, the Applicant must submit a completed electronic copy of the MnRAM (version 3.0) form for the Wetland to the city. The MnRAM form must be filled out by a person trained in Wetland science. iv Wetland delineations and any required MnRAM classifications must be completed by the Applicant between April 20th and October 20th of the given year and must be submitted to the city for review no later than November 1 st. A Wetland delineation completed outside these dates or submitted later than November 1st will be considered to be incomplete. 325342v1 SJS ME230-5 8 (v) Wetland classification appeal. In the event that the Applicant is not in agreement with a Wetland's classification, the Applicant may appeal the classification to the city. The Applicant shall include documentation with the appeal that supports the Applicant's position. The appeal will be reviewed by city staff and decided by a technical evaluation panel, members of which will be determined by the city council. The technical evaluation panel shall make a determination on the appeal within forty-five days of filing a complete appeal application. The Applicant may appeal the technical evaluation panel's decision to the city council. The appeal must be filed within thirty days of the technical evaluation panel's decision. (vi) The city shall place any approved Wetland classifications on the WMCM. (d) A certificate of survey or site plan that shows the Upland Buffer Zones and setbacks to the Wetlands on the property; (e) If required, an Upland Buffer Zone landscaping plan; (f) Any submittals required by the WCA; (g) Legal descriptions of the Wetlands and Upland Buffer Zones. Wetlands and Upland Buffer Zones shall be protected by a conservation easement to be given to the city. The city will provide the conservation easement form; and (h) Deposit funds an escrow in an amount to be determined by the city to be used for any expenses incurred by the City in completing its review of the Wetland delineation report, completing a review of a classification appeal, and, if appropriate, developing a Wetland boundary estimate and determining if the Upland Buffer Zones proposed by the Applicant meet the requirements of this section. Subd. 5. Upland Buffer Zone and Required Structure Setbacks. (a) The following table denotes the required Upland Buffer Zone for each Wetland which is based on the Wetland's classification. However, if the area of the Upland Buffer Zone has a preconstruction slope that exceeds twelve percent, the required Upland Buffer Zone shall be the maximum width required for a Upland Buffer Zone for that particular Wetland. If approved by city staff, the Upland Buffer Zone's width may be adjusted along the Wetland's boundaries to be less than the average width required by this section, so long as it does not fall below the minimum width requirements of this section. Wetland Upland Buffer Minimum Upland Minimum Structure Setback Zone Average Buffer Zone from the Outer Edge of the Classification Width Width Upland Buffer Zone 325342v1 SJS ME230-5 9 Preserve 50 feet 30 feet 20 feet Manage 1 35 feet 25 feet 20 feet Manage 2 25 feet 25 feet 20 feet Manage 3 20 feet 16 feet 20 feet (b) All Upland Buffer Zones shall be measured from the edge of the delineated Wetland as approved by the City into the adjacent upland area. (c) Where existing structures or surfaces are located within an area that would be required to be included in an Upland Buffer Zone, alternative methods to protect the Wetland may be approved by the city council in order to avoid creating unreasonable impacts on the existing use of the property. Such methods may include, but are not limited to, Upland Buffer Zone width averaging below the minimum required, redirection of drainage to an area where the Upland Buffer Zone is feasible while still maintaining the drainage to the Wetland or the use of rainwater gardens, vegetated swales or other best management practices for treating runoff. (d) For roadways, trails, and driveways, or portions thereof that are routed across a Wetland and are subject to WCA replacement requirements, Upland Buffer Zones will be required on the fill slope but fill shall not be expanded to accommodate the additional Upland Buffer Zone. The city may allow public trails within the Upland Buffer Zone if they are located outside of the minimum Upland Buffer Zone required for that Wetland. The temporary and permanent trail disturbance must be less then nine feet in width. (e) Wetlands and Upland Buffer Zones shall be protected by a conservation easement to be given by the Applicant in favor of the city. Any alterations, including, but not limited to, building, paving, mowing, introduction of Non-native Vegetation, cutting, filling, dumping, yard waste disposal, fertilizer application, activities not permitted by the WCA shall be prohibited within the Wetland and Upland Buffer Zone. However, Non-native Vegetation or dead or diseased trees that pose a hazard may be removed. 325342v1 SJS ME230-5 10 Subd. 6. Upland Buffer Zone Markers. All Upland Buffer Zones shall be equipped with markers that denote that the areas are Upland Buffer Zones. The Applicant shall be responsible for the costs of the installation and construction of the markers. At a minimum, one marker shall be placed per lot at the upslope edge of the Upland Buffer Zone and then placed every 250 feet thereafter and on all common lot lines. (a) Proposed locations of the markers shall be shown on the grading or site plan for the property. The location of the markers shall capture the portion of the Upland Buffer Zone that extends the furthest upslope into the lot. A plan that shows the location of the marker shall be provided to the city for its review and approval. (b) Artwork and verbiage on the sign shall face the principal structure. (c) Sign dimensions, specifications, verbiage, and artwork shall be specified by the city and provided to the Applicant. Subd. 7. Vegetation Performance Standards. (a) Where acceptable natural vegetation exists in an Upland Buffer Zone, the retention of the natural vegetation in an undisturbed state shall be required unless the Applicant receives approval from the city to replace the vegetation. An Upland Buffer Zone will be considered to have acceptable natural vegetation if it: (i) is composed of less then twenty-five percent Weeds; ii has exposed soil that is less than five percent and the remainder of the Wetland Buffer Zone is covered by Native Vegetation; and iii does not contain any maintained turf grass. (b) Where a Upland Buffer Zone or a portion thereof is not considered to be acceptable or is allowed by the city to be disturbed, a Upland Buffer Zone landscaping plan must be submitted to the city for approval. The landscaping plan must involve the seeding or planting of a minimum of at least four species of native grasses and five species of native forbs and a cover crop. At a minimum, the landscaping plan submitted to the city shall include the following information: (i) A plan sheet that shows the location of the Upland Buffer Zones. The plan sheet must also show Upland Buffer Zones that are considered to be acceptable in their current state and identify them as areas that will not be disturbed during grading. The city may require silt fencing around these areas in order to protect them from erosion and disturbance during grading and construction; (ii) The species, planting and seeding locations for Upland Buffer Zones that were determined to be unacceptable by the city; and 325342v1 SJS ME230-5 11 iii Detailed specifications that describe sequencing, scheduling, materials, installation and maintenance execution for the seeding or planting of the Upland Buffer Zones. (c) In cases where an Upland Buffer Zone is required and the vegetation is considered to be unacceptable or will be disturbed, the city may require an approved form of a financial guarantee equal to 150 percent of the estimated cost of the vegetation installation. The financial guarantee must valid for up to two years and may be used by the city for compliance inspections and establishment of the required vegetation if it is not completed by Applicant or is deemed unsuccessful by the city. Vegetation will be deemed by the city to be successful if the area has a minimum of one plant per square foot from the specified seed mix or planting plan and less than twenty-five percent of the area is inhabited by Weeds. Subd. 8. Maintenance. The property owner or homeowners' association shall be responsible for maintaining the Upland Buffer Zones on the property. Maintenance shall include the following: (a) Maintain and repair any damage to the Wetland Buffer Zone from activities such as mowing, cutting or grading, unless the activities are approved by the city. (b) Ensure that all soil surfaces in the Wetland Buffer Zone are planted with Native Vegetation and that there is less then five percent of open soil surface which may result in erosion. Subd. 9. Wetland and Upland Buffer Zone Mitigation. (a) In cases where Wetland or Upland Buffer Zone alteration is approved by the city and mitigation is required, the mitigation must result in equal or improved Wetland function and value. All Wetland mitigation plans must address water quality improvement, maintenance of preexisting hydrological balance and wildlife habitat. Wetland mitigation must be performed at the ratios required by the WCA in order to achieve the replacement of the Wetland function and value. (b) The following shall be required by the city for any Wetland or Upland Buffer Zone mitigation: (a) Wetland mitigation shall conform to the requirements of the WCA. Upland Buffer Zones shall be required to be replaced on the fill slope and elsewhere along the edge of the existing Wetland to meet the required area required by this section for an Upland Buffer Zone. If a Wetland is to be completely filled pursuant to an approved Wetland permit, the Upland Buffer Zone area requirement associated with the classification of that Wetland will be also required for the replacement Wetland unless the replacement is occurring adjacent to a Wetland with a classification that 325342v1 SJS ME230-5 12 requires a wider Upland Buffer Zone. In that event, the Upland Buffer Zone requirement for the wider Upland Buffer Zone shall apply. (b) Wetland and Upland Buffer Zone plantings that are completed for mitigation shall meet the standards for vegetation specified in this section. (c) Upland Buffer Zones may be utilized for Wetland mitigation credits if they meet the requirements of the WCA. Subd. 10. Variance. A variance from the requirements of this section may be granted by the city council in accordance with the variance provisions of the city code, so long as the variance does not violate the WCA or any other applicable state statutes or rules. Subd. 11. Enforcement. (a) Investigation. When a violation of this section is either discovered by or brought to the attention of the city, the city shall immediately investigate the situation and document the nature and extent of the violation. (b) Notice of the Violation. If a violation is found to exist, the city shall notify the offending party of the requirements of this section, all other applicable official controls and the nature and extent of the suspected violation of these controls. If the structure or use is under construction or development, the city may order the construction or development to be immediately stopped until the property is brought into compliance with this section. If the construction or development has already been completed, then the city may issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with this section. (c) Appeal. The offending party may appeal the city's correction order to the city council. An appeal must be brought in writing no later than ten days from the date of the notice. (d) Failure to Correct. If the offending party does not correct the work within the specified date on the notice and no appeal has been taken within ten days of the notice, the city may enter the property and perform the corrective work. Any amount incurred by the city in performing the corrective work may be certified by the city to the county for collection with the property taxes. (e) Penalties. Any person who violates any provision of this section shall be guilty of a misdemeanor and shall be subject to a maximum fine or maximum period of imprisonment, or both, as specified by Minnesota Statutes Section 609.03. Each additional day that the property remains in violation of this section shall constitute an additional violation of this section and may be prosecuted accordingly. 325342v1 SJS ME230-5 13 (0 Nothing contained herein shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation of this section, including, but not limited to, seeking a civil injunction or restraining order. SECTION III. Medina Code Section 831.05, subdivision 9 is amended by deleting the stricken material as follows: Section 831.05. Lot, Setbacks and Building Size Requirements. The following minimum requirements shall be observed, subject to additional requirements, exceptions and modifications set forth in other sections of this ordinance. (When setback provisions overlap, the most restrictive provisions of both setbacks shall apply. See Figure 1.) Subd. 9. Wetland Setback: Shall be a minimum of 10 feet and such setback shall be natural vegetation but shall not be a mowed and/or fertilized lawn. SECTION IV. Medina Code Section 831.07, subdivision 1 is amended by deleting the stricken material as follows: Section 831.07. Design and Development Standards. Design and development standards are established for this district to achieve a high standard of development by providing assurance that land uses, buildings, and functions are compatible within the district and with adjacent districts. The plans and the proposed use of a property shall conform to the design and development standards prior to approval of any permit. The applicant or owner shall supply data necessary to demonstrate such conformance. Subd. 1. Design and development standards — all uses: The following design and development standards are identified for all uses. Additional standards may be identified during the review and approval process, due to the particular characteristics of each site, the proposed development of the site, and the uses on adjacent property. (a) Site Analysis — A complete analysis of the site shall be made and a site analysis map shall be prepared as defined by this ordinance. The analysis map shall then be used to determine how the site shall be used and to identify the appropriate arrangement of the various components to the development. A site plan shall then be prepared as defined by this ordinance. (b) Landscape Plan — A landscape plan shall be prepared. The landscape plan must include existing trees and landscaping to be retained. The plan must show new landscaping including ground cover, shrubs, and trees by type, size, and spacing. The plan must also include planting methods, walls and fences, if any, (which must be decorative), plazas, fountains, sculptures, all outdoor lights, and other relevant features. (c) Building Plan - A building plan shall be prepared and include at least the following : a generalized floor plan for each floor, uses, elevation plans for each side of the building showing proposed color and type of materials, fenestration, any rooftop equipment and proposed screening materials, size and square footage, 325342v1 SJS ME230-5 14 number of parking stalls in the building or in the ramp or deck, if any, building size, building height, exterior lighting, signage if any, and any other relevant features. (d) Utilities — All utilities shall be placed underground. Transformers and similar equipment, if any, should be located inside a building or shall be fully screened from view. (e) Signage — A coordinated signage system for the building and access may have to be provided. (0 Natural Features and Drainage — Retaining existing land forms on the site is encouraged especially when it involves natural amenities such as mature trees and natural drainage. Protection of Elm Creek is required by the shoreland ordinance. Natural vegetation enhancement along the creek is encouraged. Plans which restore natural vegetation along the creek may be given up to a 25 percent reduction in one or two of the yard setbacks. {g) Wetland Setback (See section titled Lot, Setback and Building Size Requirements and Figure 1) SECTION V. Medina Code Section 832.05, subdivision 9 is amended by deleting the Gtricken material as follows: Section 832.05. Lot, Setback and Building Size Requirements. The following minimum requirements shall be observed, subject to additional requirements, exceptions and modifications set forth in other sections of this ordinance (When setback provisions overlap, the most restrictive provisions of both setbacks shall apply. See Figure 1). f e-* f- r wet- ands gr-e *o,. thak 'are, and such setback shall be natural vegetation, but shall not be a mowed and/or fertilized lawn. SECTION VI. Medina Code Section 832.07, subdivision 1 is amended by deleting the stricken material as follows: Section 832.07. Design and Development Standards. Design and development standards are established for this district to achieve a high standard of development by providing assurance that land uses, buildings and functions are compatible within the district and with adjacent districts. The plans and the proposed use of a property shall conform to the design and development standards prior to approval of any permit. The applicant or owner shall supply plans and data necessary to demonstrate such conformance Subd. 1. Design and development standards — all uses: The following design and development standards are identified for all uses. Additional standards may be identified during 325342v1 SJS ME230-5 15 the review and approval process, due to the particular characteristics of each site, the proposed development of the site, and the uses on adjacent property. (a) Site Analysis — A complete analysis of the site shall be made and a site analysis map shall be prepared as defined by this ordinance. The analysis map shall then be used to determine how the site shall be used and to identify the appropriate arrangement of the various components to the development. A site plan shall then be prepared as defined by this ordinance. (b) Landscape Plan — A landscape plan shall be prepared. The landscape plan must include existing trees and landscaping to be retained. The plan must show new landscaping including ground cover, shrubs, and trees by type, size, and spacing. The plan must also include: planting methods, walls and fences, if any, (which must be decorative), plazas, fountains, sculptures, all outdoor lights, and other relevant features. (c) Building Plan — The building plan shall be prepared and include at least the following: a generalized floor plan for each floor, uses, elevation plans for each side of the building showing proposed color and type of materials, fenestration, any rooftop equipment and proposed screening materials, size and square footage, number of parking stalls in the building or in the ramp or deck, if any, building size, building height, exterior lighting, signage if any, and any other relevant features. (d) Utilities — All utilities shall be placed underground. Transformers and similar equipment, if any, should be located inside a building or shall be fully screened from view. (e) Signage — A coordinated signage system for the building and access may have to be provided. (0 Grade Preserved — In general, existing landforms and grades on the site are expected to be preserved. Some change may be appropriate to accommodate the principal building, construct required berms, and achieve reasonable grades for access drives. No grading or tree removal shall take place prior to approval of a specific site plan for the site. (g) Natural Drainage — To the extent possible, development plans shall provide an open, natural drainage system, except for such portions where it can be shown that a natural system is not feasible. The volume and speed of runoff shall be minimized. Flow shall be dispersed and directed in a manner that supports and enhances natural drainage and enhances water quality. Ponds will only be allowed when no other feasible alternative exists. (h) Wetland Setback (Scc section titled, Lot, Setback and Building Size Requirements and see Figure 1) 325342v1 SJS ME230-5 16 SECTION VII. Medina Code Section 833.05, subdivisions 9 and 12 are by deleting the stricken material and adding the underlined material as follows: Section 833.05. Lot, Setback and Building Size Requirements. The following minimum requirements shall be observed, subject to additional requirements, exceptions and modifications set forth in other sections of this ordinance (when setback provisions overlap, the most restrictive provisions of both setbacks shall apply.) See Figure 1. Subd. 9. Wetland Setback: Shall be a minimum of 25 feet for a wetland less than 1 acre and 50 feet for wetlands greater than 1 acre, and such setback shall be natural vegetation, but shall not be a mowed and/or fertilized lawn. Subd. 12. Limitations on Setbacks: No required front yard, side yard, or rear yard and wetland setback or other required setbacks shall be used for building, storage, or other functions except for recreation and open spaces uses. When setback provisions overlap, the most restrictive provision of both setbacks apply. (See also Impervious Coverage in the Design and Development Standard — all uses) SECTION VIII. Medina Code Section 833.07, subdivision 1 is amended by deleting the stricken material as follows: Section 833.07. Design and Development Standards. Design and development standards are established for this district to achieve a high standard of development by providing assurance that land uses, buildings, and functions are compatible within the district and with adjacent districts. The plans and the proposed use of a property shall conform to the design and development standards prior to approval of any permit. The applicant or owner shall supply plans and data necessary to demonstrate such conformance. Subd. 1. Design and development standards — all uses: The following design and development standards are identified for all uses. Additional standards may be identified during the review and approval process, due to the particular characteristics of each site, the proposed development of the site, and the uses on adjacent property. (a) Site Analysis — A complete analysis of the site shall be made and a site analysis map shall be prepared as defined by this ordinance. The analysis map shall then be used to determine how the site shall be used and to identify the appropriate arrangement of the various components to the development. A site plan shall then be prepared as defined by this ordinance. (b) Landscape Plan — A landscape plan shall be prepared. The landscape plan must include existing trees and landscaping to be retained. The plan must show new landscaping including ground cover, shrubs, and trees by type, size and spacing. The plan must also include: planting methods, walls and fences, if any, (which must be decorative), plazas, fountains, sculptures, all outdoor lights, and other relevant features. 325342v1 SJS ME230-5 17 (c) Building Plan — The building plan shall be prepared and include at least the following: a generalized floor plan for each floor, uses, elevation plans for each side of the building showing proposed color and type of materials, fenestration, any rooftop equipment and proposed screening materials, size and square footage, number of parking stalls in the building or in the ramp or deck, if any, building size, building height, exterior lighting, signage if any, and any other relevant features. (d) Utilities — All utilities shall be placed underground. Transformers and similar equipment, if any, should be located inside a building or shall be fully screened from view. (e) Signage — A coordinated signage system for the building and access may have to be provided. (0 Grade Preserved — On developed sites existing grades are expected to be retained, except for expansion of existing buildings which need to meet the existing building grade and for construction of berms or similar features. In developing new sites, significant landforms and grades need to be included in the plan with some change allowed to accommodate the principle building, required berms, and achieve reasonable grades for parking, access and drives. (g) Natural Drainage — To the extent possible, development plans shall provide an open, natural drainage system, except for such portions where it can be shown that a natural system is not feasible. The volume and speed of runoff shall be minimized. Flow shall be dispersed and directed in a manner that supports and enhances natural drainage and enhances water quality. Ponds will only be allowed when no other feasible alternative exists. (h) Wetland Setback (See section titled, Lot, Setback and Building Size Requirements) SECTION IX. Medina Code Section 835.05 is amended by deleting the Gtricken material and adding the underlined material as follows: Section 835.05. Lot, Setbacks, Building Size Requirements and Sanitary Sewer Usage Rate. The following minimum requirements shall be observed, subject to additional requirements, exceptions and modifications set forth in other sections of this ordinance. Subd. 9. Minimum Wetland Setback: 25 feet for a wetland less than 1 acre and 50 feet for a wetland greater than 1 acre, which setback shall be kept in natural vegetation and shall not be a mowed and/or fertilized lawn. Subd. 12. Limitations on Setbacks: No required front yard, side yard, rear yard or and wet-tafild setback or other required setbacks shall be used for building, or other use. No impervious surface shall be located in any required setback except for approved driveways, parking lot, walks, and trails approved by the City. When setback provisions overlap, the most restrictive provision of both setbacks applies. 325342v1 SJS ME230-5 18 SECTION X. This ordinance shall become effective upon its adoption and publication. Adopted by the city council of the city of Medina this day of , 2007. T.M. Crosby, Jr., Mayor ATTEST: Chad M. Adams, City Administrator Published in the South Crow River News this day of , 2007. 325342v1 SJS ME230-5 19 Agenda Item: 9 MEMORANDUM TO: City of Medina Planning Commission FROM: Tim Benetti, Planning Director MEETING: December 11, 2007 SUBJ: Ordinance Removing Animal -Assisted Therapy as a Conditional Use in the Rural Residential Zoning District Introduction The Planning Commission may recall at the previous October 9th regular meeting, you recommended approval of an amendment to the original Animal Assisted Therapy Ordinance. This amendment raised the minimum amount of property needed to operate an AAT facility on a site, from 15 acres to 75 acres. This amended ordinance (No. 431) was eventually adopted by the City Council the October 16th regular meeting. The Council subsequently directed staff and MnLINC (the CUP applicants) to apply for an interim use permit for the proposed AAT use, which was granted at the November 20th regular meeting. Upon approval of this IUP, a follow-up motion was made by the Council requesting the Planning Commission to consider the elimination of AAT as a conditional use in the Rural Residential Zoning District. Public Hearing A public hearing was noticed for this ordinance amendment, and ultimately the Planning Commission should make a recommendation to the Council on the ordinance. Planning Staff Recommendation Planning staff recommends the Planning Commission discuss and act on the directive made by the City Council to amend Zoning Code Sections 826.21 and 825.07; and Section 826.98, Subdivision 2, which essentially removes all language related to the Animal Assisted Therapy use. The Commission may elect to make the following recommendation once you have opened and closed the public hearing: 1) The Planning Commission recommends the City Council adopt the draft ordinance amending Zoning Code Sections 826.21 and 825.07; and Section 826.98, Subdivision 2, as shown on the attached document (included herein); or 2) The Planning Commission may recommend the City Council only modify certain or specific regulations (i.e. "Must be located off of a collector or arterial roadway... ") within Zoning Code Section 826.98, Subdivision 2; and clearly indicate which sections or language you with to modify or retain for the City; or 3) The Planning Commission may recommend the City Council make no changes to the Zoning Ordinance as is relates to Animal Assisted Therapy facilities; or 4) The Planning Commission may elect to table this matter and direct city staff to research and provide an updated analysis and report back to the Planning Commission at the next regular scheduled meeting. CITY OF MEDINA ORDINANCE NO. An Ordinance Removing Animal -Assisted Therapy as a Conditional Use in the Rural Residential zoning district; Amending Sections 826.21 and 825.07; Amending Section 826.98, Subdivision 2. The city council of the city of Medina ordains as follows: SECTION I. Medina Code Section 826.21 is amended by deleting the stricken material as follows: Section 826.21. (RR) Conditional Uses. Within the Rural Residential District, no structure or land shall be used for the following uses except by conditional use permit: Subd.1. Local government buildings. Subd. 2. Churches and other places of worship. Subd. 3. Home occupations in compliance with the conditions of Section 826.98, Subd. 2 (c) of this ordinance. Subd.4. Cemeteries. Subd. 5. Outdoor recreational facilities, including non-commercial parks, golf courses, and driving ranges. Subd. 6. Private use of windmills or wind energy conservation systems (WECS). Subd. 7. Solar equipment. Subd. 8. Public, private or charter schools having a course of instruction approved by the Minnesota department of education for students enrolled in preschool through grade 12 or any portion thereof, provided the school must be served by sanitary sewer or meet the requirements of Section 826.51, Subd. 3 of this ordinance. Subd. 9. On parcels of 40 acres or larger, a second principal residential dwelling structure. Subd.10. Animal Assisted Therapy as regulated by Section 826.98, subd 2 (o) of this ordinance. SECTION II. Medina Code Section 825.07 is amended by deleting the stricken material as follows: Section 825.07. Definitions. The following words and terms shall have the means ascribed to them: Subd. 106.1. Therapy, Animal Assisted (or "AAT") A use of land and associated structures for the delivery of therapy intended to improve human physical, social, emotional, and/or of the treatment process. AAT is goal directed and is delivered by a health/human service professional with specialized expertise. AAT may be provided in a group or individual setting. SECTION III. Medina Code Section 826.98 is amended by eliminating the stricken material, as follows: Section 826.98. Conditional Use Permit Standards for Agricultural Preservation and Residential Districts. Subd. 2. Specific Standards. In addition to the general standards specified in section 825.39 of this ordinance, no conditional use permit shall be granted unless the city council determines that all of the specific standards contained in this subdivision will be met: (o) animal assisted therapy (i) minimum lot size is 75 acres. For the purposes of this section, adjacent parcels under common ownership may be considered as a single parcel in order to meet this requirement, but all parcels to be considered must be subject to the terms and conditions of the conditional use permit; (ii) if not located with direct access to a collector or arterial roadway, the city council may apply conditions it deems to be r asonably necessary to reduce wear and damage to local streets as well as traffic impacts on neighboring parcels. These conditions may include, but are not limited to, restricting the amount of allowed daily trips, restricting the weight and/or type of vehicles, requiring financial guarantees for potential damage and requiring road improvements; (iii) the city council may apply conditions to limit the total number of persons allowed on site at any one time, limit the hours of operation, and regulate clientele in order to protect the welfare and residential nature of surrounding property; (iv) the city council may apply conditions to limit the total number of animals allowed on the property; (v) adequate parking areas must be provided to handle peak activity, and parking must be se* baelk at4ea * cn f et f ii p vrty lines (vi) adequate indoor sanitary facilities must be provided for staff and clients; (vii) manure must be handled and disposed of by means approved by the City and the Minnesota Pollution Control Agency; (ix) exterior lighting must be designed and installed so that the light source is recessed and enclosed on all sides except the bottom so that no light is cast directly or indirectly on any other property and so that the light source cannot be seen from adjacent property; (x) all requirements of the fire code and fire marshal must be met; (xi) the AAT facility shall provide proof of insurance in an amount and with maintain such insurance; (xii) the AAT facility shall comply with all relevant health and safety regulations and provide proof of appropriate professional licensure or certification if and to the extent such licensure or certification exists; (xiii) the AAT facility shall not allow overnight stays of clients; and (xiv) the AAT facility shall provide sufficient security and supervision to ensure that animals, staff, and clients are contained within the property subject to the conditional use permit and to avoid adverse impact on neighboring properties. Section IV. This ordinance shall take effect upon its adoption by the city council and publication in the city's official newspaper. Adopted by the Medina city council on the day of , 2007. T.M. Crosby, Jr., Mayor ATTEST: Chad M. Adams, City Administrator -Clerk Published in the Crow River News this day of , 2007.