HomeMy Public PortalAbout11-2007CITY OF MEDINA
2052 COUNTY ROAD 24
MEDINA, MN 55340
AGENDA
MEDINA PLANNING COMMISSION
TUESDAY, November 13, 2007
7:00 P.M.
MEDINA CITY HALL
1. Call to Order
2. Public Comments
3. Update from City Council proceedings
4. Planning Department Report
5. Approval of October 9, 2007 Planning Commission minutes
6. Minnesota Linking Individuals, Nature and Critters — Interim Use Permit for
the operation of an Animal -Assisted Therapy facility in the Rural Residential
(RR) zoning district — 2000 Chestnut Road (PIDs 15-118-23-13-0001 and
15-118-23-12-0003). Public Hearing
7. Robb Stauber — Site Plan Review with Variance for the development of six
condominium units in the Multi -Family Residential (MR) zoning district — 705
Hamel Road (PID 12-118-23-32-0001). Public Hearing
8. Presentation from WSB Regarding the Wetlands Functions and Values
Assessment.
9. Ordinance Amendment — Section 828.43 — Pertaining to regulations related to
wetlands.
10. Adjourn
Posted in City Hall November 9, 2007
Agenda Item No.
TO:
FROM:
DATE:
SUBJECT:
PLANNING REPORT
Medina Planning Commission
Andrew Gitzlaff, Landform through Chad Adams, City Administrator
November 7, 2007 for the November 13, 2007 Planning Commission Meeting
Rob Stauber. Request for approval of a Site Plan and Variance for the
development of two 3-unit townhome buildings as a Common Interest
Community (CIC) on property located at 705 Hamel Road.
REVIEW DEADLINE: January 1, 2008
1. DESCRIPTION OF REQUEST:
The applicant is requesting approval of a site plan and a variance to allow the development of
two 3-unit townhome buildings as a Common Interest Community (CIC) on property located at
705 Hamel Road. A variance will be required to exceed the 25% maximum impervious surface
shoreland overlay district requirement for Elm Creek.
2. CONTEXT:
A. Level of City Discretion in Decision -Making
The City's discretion in approving or denying a site plan is limited to whether or not the proposal
meets the standards outlined in the Zoning Ordinance and Subdivision Regulations. If it meets
these standards, the City must approve the site plan application.
The City has a high level of discretion with a variance because the burden of proof is on the
applicant to show hardship and compliance with the intent of the ordinance.
B.
Zoning and Land Use
The subject property is guided and zoned Multi -Family Residential (MR). The purpose of the
MR zoning district is to provide a district which will allow multi -family dwellings where proper
relationships to other land uses and adequate transportation services exist. The adjacent
properties to the east and the west of the site are also guided and zoned Multi -Family Residential
and are occupied by similar multi -family uses. The properties to the north of the site are guided
and zoned Urban Commercial (UC), and are occupied by commercial office and light industrial
uses. The property to the south of the site is guided permanent rural, zoned rural residential (RR)
and consists mainly of wetlands and some open fields. The property to the southeast is owned by
the Metropolitan Council, guided and zoned Public/Semi Public (PS) and is occupied by a sewer
interceptor station.
Rob Stauber
Page 2
Re: Medina Townhomes Site Plan and Variance
November 7, 2007
C. Existing Conditions of the Site
The southern 3/4 of the site is within the 300-foot shoreland overlay district for Elm Creek, which
runs east -west to the south of the site. A portion of a larger wetland complex is located on the
south end of the site. The majority of this wetland area is located within the 100-year floodplain.
There are some large trees scattered throughout the site that have been identified on the existing
conditions survey. The property was previously used as a single family residence. The garage
has recently been demolished and the house will be relocated from the site.
3. ANALYSIS: Consistency with Ordinance Standards
CIC Plat
The applicant intends to convey individual ownership to each unit through a Common Interest
Community (CIC) Plat that will need to be filed with the County. Each townhome unit will be
considered a separate condominium unit and the remainder of the site and any common elements
will be designated for common ownership by the owners of the individual units. A Homeowner's
Association will also need to be formed. The City's standard platting process will not be
required because new lots of record are not being created.
Site Plan
The applicant is proposing to construct two 3-unit townhome buildings on the site. The front
entrances of the northern townhome building will face Hamel Road and the garages will be
tucked under the rear of the unit. The front entrance and the garages of the southern townhome
buildings will face the rear garages of the northern townhome building. The rear of buildings
face each other in typical subdivisions. However, rotating the southern townhome building
would not be feasible due to the topographic conditions of the site and the proximity to Elm
Creek. The orientation of both of the buildings is the same as the adjacent multi -family
developments to the east and the west. Staff is comfortable with the layout of the buildings on
the site provided that some architectural improvements are made to these elevations, as discussed
in the building architecture section of this report.
Lot Standards
The ordinance requires a minimum of 6,000 square feet of site area per multi -family unit (36,000
total square feet) and the minimum lot width for multi -family structures is 100-feet. The site is
43,436 square feet in area and 100 feet wide. The proposed development meets all lot standard
requirements.
Building Standards
The maximum height for buildings in the MR district is 30-feet, measured from the average
grade around the building and must contain a minimum of 550 square feet of habitable floor area
per unit. The proposed townhome buildings meet these requirements.
Rob Stauber
Page 3
Re: Medina Townhomes Site Plan and Variance
November 7, 2007
Building Setbacks
The minimum required setbacks in the MR zoning district are as follows:
Front: 50 feet
Side, lot line: 15 feet or 1/2 height of building, whichever is greater
Side, interior party wall: 0 feet
Rear: 40 feet
From protected watercourse: 100 feet
The proposed development meets all setback requirements.
Access and Vehicle Circulation
The proposed development will access Hamel Road from a new driveway. The driveway will
extend down and around to the parking area at the rear end of the upper unit and the front end of
the southern unit. This driveway will also serve as a fire access road for the southern unit. The
driveway should be designed to meet the standards of the International Fire Code and the
requirements of the City's Fire Marshall. This has been included as a condition of approval.
Right -of -Way
The applicant should dedicate 33 feet of right-of-way along the north end of the site for Hamel
Road.
Fire Safety
The City's Fire Marshal and the building code requires that the southern townhome units be
sprinklered and for an additional fire hydrant to be provided at the west end of the driveway
between the 2 townhome buildings. Sprinklers are required because the fire department will not
be able to access these units when there are poor weather conditions because the driveway is too
steep and there is no turn around at the end of the driveway. The fire suppression system should
be designed to meet the requirements of the City's Public Works Foreman and the City's Fire
Marshal.
Parking
The ordinance requires 2 parking spaces for each dwelling unit. The proposed site plan shows
two attached parking stalls per unit and there is room in front of each garage stall for additional
guest parking. Staff recommends that the applicant include language in the HOA documents that
restrict parking in front of the garage spaces to guests only. The intent of this restriction is to
prevent primary vehicle parking from taking place outside because the garages areas are being
used for storage, which is a common occurrence in townhome developments that do not include
basements.
Rob Stauber
Page 4
Re: Medina Townhomes Site Plan and Variance
November 7, 2007
Signage
The proposed site plan does not identify any signage. If signage is proposed, it must be shown
on the plans and met the requirements of the City's sign ordinance.
Lighting
The proposed site plan does not identify any lighting. All building and site lighting must meet
the City's outdoor lighting requirements and must be shown on the plans prior to issuance of a
building permit.
Landscaping
The proposed landscape plan shows 4 overstory trees, 3 ornamental trees, 1 coniferous tree, 71
shrubs and 76 perennials. The trees will be planted in front yards of each unit.
Tree Preservation
The tree preservation ordinance requires that structure and homes be located to preserve trees.
There are a few significant trees scattered throughout the site that are identified on the existing
conditions survey. The applicant should work to preserve as many significant trees as possible,
particularly the 2 large coniferous trees at the north end of the site. The plans should be revised
to show tree protection measures for any trees that will be preserved.
Wetlands
A portion of a larger wetland complex is partially located on the south end of the site. The
wetland delineation and report have been approved by the City. The proposed site plan does not
impact the wetland areas.
Elm Creek
Elm Creek, a protected watercourse, runs east -west to the south of the site. The Elm Creek
Water Management Commission (ECWMC) requires a 50-foot vegetative buffer from Elm
Creek. The proposed site plan satisfies this requirement by showing the construction of a rain
garden between the townhomes that filters runoff directed towards Elm Creek. ECWMC
conditionally approved the site plan provided that permanent buffer markers must be shown on
the plans and a maintenance area for the buffer area should be provided. The proposed
development will need to comply with all the requirements from Elm Creek Watershed District
letter dated August 6, 2007.
Shoreland
The site is located within the 300-foot shoreland overlay district of Elm Creek. As a result of the
sites proximity to the creek, impervious surface is restricted to a maximum of 25% of the total
site area. The proposed development will require a variance to exceed the 25% maximum
impervious surface shoreland requirement. The proposed site plan shows that 45.37% of the site
will be impervious surface. The variance request must be reviewed in accordance with the
Rob Stauber
Page 5
Re: Medina Townhomes Site Plan and Variance
November 7, 2007
standards outlined in Section 825.45 of the Zoning Ordinance, which are discussed in detail later
in this report.
Stormwater Management
The site generally drains from north to south. The proposed site plan routes stormwater
generated from the site to the rain garden at the south end of the site that will filter the runoff
before it is discharged into Elm Creek. The proposed development will need to comply with all
stormwater management requirements of the City Engineer. As requested in the Engineer's
memo dated November 5, 2007, final plans should include a detailed Storm Water Pollution
Prevention Plan (SWPP) for review and approval by the City. The applicant will also need to
obtain an NPDS permit from the MPCA.
Floodplain
A portion of the site that includes the wetland areas is within the 100-year floodplain. The
grading plan will impact the floodplain boundary for Elm Creek. If a permit is required by
FEMA, it must be obtained prior to any site grading.
Municipal Sewer and Water
The site is served by municipal sewer and water. The utility plan will need to be revised to meet
all of the requirements listed in the memo from the City Engineer dated November 5, 2007.
Drainage and utility easements will also be required over all ponding areas, wetlands, drainage
ways, storm sewers and water pipes.
Parks and Trails
The City requires a portion of the buildable land (not to exceed 10% of the site) as park
dedication, cash in lieu of land, or some combination thereof Park dedication is required for the
5 new units that will be created. Park dedication credit will be given for the existing single
family home.
The City's future trails plan identifies a need for a trail along Hamel Road. The City has not
officially determined which side of the road the trail will be located on. The Parks Commission
will review this application and make a recommendation on the need for a trail easement and
park dedication at their November 28, 2007 meeting.
Building Architecture
The following section will describe the architecture for each townhome building along with
staff s recommendations for improvements to the overall architectural quality of the project.
North townhome building - The front entrances to the northern townhome building, which will
be on the most visible facade of the project, will face Hamel Road and the garages will be tucked
under the rear of the unit. This design allows for a more welcoming view from Hamel Road.
The applicant has done a good job incorporating a variety of building materials and architectural
detailing on this facade. It appears that these building materials will consist of vinyl lap siding,
Rob Stauber
Page 6
Re: Medina Townhomes Site Plan and Variance
November 7, 2007
vinyl shake siding and decorative brick. However, the proposed building materials and color
schemes have not been shown on the plans. Staff recommends that this combination of building
materials and level of architectural detailing should be used on all sides of the building. Staff
also recommends that the massing of the building should be broken up by varying the setbacks
between the units and providing additional breaks and variations in the roofline. The rear garage
doors should also have the same level of architectural detailing as the garage doors on the
southern unit.
South townhome building - The front entrance and the garages of the southern townhome
buildings will face the rear garages of the northern townhome building. The applicant has done a
good job at de-emphasizing the view of the garages by added architectural detailing and small
windows to the garage doors. Staff recommends that the proposed combination of building
materials and level of architectural detailing on the front fa9ade should be used on all sides of the
building. The massing of the southern unit has been broken up by variations in the roofline and
variations between units.
These recommendations for improvements to the overall architectural quality of the project are
the opinions of staff. The Planning Commission should review the architecture of the buildings
and provide additional comments to the applicant.
Retaining Walls
The proposed development includes the construction of retaining walls along the east and west
property lines. A detail of the proposed retaining walls should be provided prior to any site work
being conducted on the site. The architectural design of the retaining walls should be compatible
with the principle structures.
Screening
The ordinance requires that all mechanical equipment to be fully screened from contiguous
property and adjacent streets by architecturally integrating the equipment into the structure or by
surrounding it with opaque materials compatible with the principal structure. The plans must be
revised to show the location of any ground -mounted mechanical equipment and the proposed
method of screening.
Variances
The proposed development will require a variance to exceed the 25% maximum impervious
surface shoreland requirement. The proposed site plan shows that 45.37% of the site will be
impervious surface.
The Planning Commission must review the variance request with the standards outlined in
Section 825.45 of the Zoning Ordinance as follows:
A) Exceptional or extraordinary circumstances apply to the property which do not apply
generally to other properties in the same zone or vicinity, and result from lot size shape,
topography, or other circumstances over which the owner of property since enactment of the
Ordinance, have had no control.
Rob Stauber
Page 7
Re: Medina Townhomes Site Plan and Variance
November 7, 2007
The narrow shape and challenging topography of this lot make developing a multi -family project
at an intensity that is consistent with surrounding uses and the intent of the district challenging
without a variance or other special considerations. The adjacent properties were developed prior
to the enactment of this ordinance.
B) The literal interpretation of the provisions of this Ordinance would deprive the applicant of
rights commonly enjoyed by other properties in the same district under the terms of this
Ordinance.
The literal interpretation of the Ordinance would prevent the applicant from constructing a multi-
family development of this intensity on the site. The shoreland requirement limits the intensity
and quantity of development on the site. The City finds the proposed rain garden as an
acceptable mitigative action to address the variance requested by the Applicant. Other properties
under similar circumstances have also been provided with mitigative options.
C) That the special conditions or circumstances do not result from the actions of the applicant.
The owner/applicant recently purchased the property. The special circumstances do not result
from the actions of the current owner/applicant.
D) That granting of the variance requested will not confer on the applicant any special privilege
that is denied by this Ordinance to the owners of other lands, structures, or buildings in the
same district.
The proposed development is located on a site that is dissimilar from others within the MR
district. A small number of sites in the MR are located in the Elm Creek shoreland area, which
makes them unique from others in the district.
E) The variance requested is the minimum variance which would alleviate the hardship.
The maximum impervious surface requirement makes developing a multi -family project at an
intensity that is consistent with surrounding uses and the intent of the district challenging without
a variance or other special considerations. The Applicant has also provided a rain garden area
that will treat stormwater from the site before it is discharged into Elm Creek to ensure that the
post -development conditions are better than pre -development.
F) The variance requested would not be materially detrimental to the purpose of this Ordinance
or to property in the same zone.
The purpose of the shoreland impervious surface requirement is to prevent untreated stormwater
run-off into the Creek. The proposed development includes a rain garden that will treat all
stormwater on -site before it is discharged into the Creek. The plans will need to comply with all
of the City's stormwater management requirements before any site work can begin.
Rob Stauber
Page 8
Re: Medina Townhomes Site Plan and Variance
November 7, 2007
4. RECOMMENDATION:
Staff finds that the site plan is consistent with the intent of the MR zoning district and the overall
character of the surrounding neighborhood. The development supports the desire to increase
residential densities in the district. With respect to the overall site plan, the architectural quality
could be improved. Staff finds that the variance request to exceed the maximum impervious
surface shoreland requirement is reasonable considering that requests of a similar nature have
been granted in the past and the applicant will be mitigating the situation by constructing a rain
garden on -site. However, it is the Applicant's responsibility to prove hardship related to the
variance.
If the site plan and variance request is denied, the Applicant will have to redesign the site to meet
the 25% maximum impervious surface requirement, which will most likely result in a reduction
in the total number of units
If the Planning Commission recommends approval of the site plan and variance, staff
recommends that the approval be subject to the following conditions and findings:
1. The HOA documents shall be revised to include provisions that restrict parking in front
of the garages to guests only.
2. A 33-foot 1/2 right-of-way shall be dedicated along the north end of the site for Hamel
Road.
3. The driveway shall be designed to meet the fire access standards of the International Fire
Code and all conditions listed in the letter from the Fire Marshall dated October 6, 2007.
4. The southern townhome building shall be sprinklered and an additional hydrant will need
to be provided at the west end of the driveway between the 2 townhome buildings. The
fire suppression system shall be designed to meet the requirements of the City's Public
Works Foreman and the City's Fire Marshall.
5. If signage is proposed, it must be shown on the plans and meet the requirements of the
City's sign ordinance.
6. All building and site lighting must met the City's outdoor lighting requirements and must
be shall on the plans prior to issuance of a building permit.
7. The applicant shall work to preserve as many significant trees as possible, particularly the
2 large coniferous trees at the north end of the site. The plans shall be revised to show
tree protection measures for any trees that will be preserved.
8. A storm water management plan (SWPP) shall be submitted to the City for final
approval.
9. The proposed development will need to comply with all the requirements from Elm
Creek Watershed District letter dated August 6, 2007.
Rob Stauber
Page 9
Re: Medina Townhomes Site Plan and Variance
November 7, 2007
10. The applicant will need to obtain a NPDS permit from the MPCA prior to any grading
work being conducted on the site.
11. A storm water management plan (SWPP) and updated stormwater calculations shall be
submitted to the City's engineer for final approval.
12. A11 conditions stated in the City's Engineer memo dated November 5, 2007 shall be
addressed.
13. The grading plan will impact the floodplain boundary for Elm Creek. If a permit from
FEMA is required it must be obtained prior to any site work.
14. The utility plan will need to be revised to meet all the requirements listed in the memo
from the City Engineer dated November 5, 2007.
15. Park dedication will be due for the 5 new units that will be created. Park dedication
credit will be given for the existing single family home.
16. The proposed building materials and color schemes shall be shown on the plans.
17. The applicant shall work with staff to make the following improvements to the overall
architectural quality of the project:
a. The proposed combination of building materials and level of architectural
detailing on the front facade of the buildings shall be used on all sides of the
building.
b. The garage doors on the northern unit shall be designed to incorporate the same
level of architectural detailing as the garage doors of the southern unit.
c. The massing of the northern building shall be broken up by varying the setbacks
between the units and providing additional breaks and variations in the roof -line.
18. Construction details shall be provided for the proposed retaining walls along the east and
west property lines. The retaining walls shall be architecturally compatible with the
principal buildings.
19. The plans must be revised to show the location of any ground -mounted mechanical
equipment and the proposed method of screening. The ordinance requires that all
mechanical equipment to be fully screened from contiguous property and adjacent streets.
ATTACHMENTS:
1. Engineer's memo, dated November 5, 2007
2. Fire Marshall's letter, dated October 6, 2007
3. Elm Creek Watershed Management Commission letter, dated August 6, 2007
4. Site Graphics received October 30, 2007
November 5, 2007
Mr. Andrew Gitzlaff
Planner
C/O Landform
800C Butler Square
100 North 6`h Street
Minneapolis, MN 55403
Re: Medina Townhomes
Bonestroo File No. 000190-07000-1
Plat No. L-07-017
Dear Andrew,
2335 Highway 36 W
st. Paul, MN 55113
Tel 651-636-4600
Fax651-636-1311
tmew.bonestroo.com
•4 Bonestroo
We have reviewed the revised plans for the proposed townhomes at 705 Hamel Road, dated 10-30-07. The
plans propose to construct two buildings with three units each. We have the following comments with regards
to engineering matters:
Streets/Parking Lot
• A geotechnical report, R-value recommendation, and pavement design should be submitted for review
and approval.
• The pavement section should be shown on the plans.
Grading/Drainage/Wetlands
• Revised storm water calculations should be submitted for review. The review should include analysis
of inlet capacities for CBMH 2 and CB 5. The inlet capacity of these structures should be design to
handle 100-year run off events.
• We recognize that the planned disturbed area is slightly below one acre, but feel that the actual
disturbed area for the project will exceed one acre in size. Final plans should include a detailed Storm
Water Pollution Prevention Plan (SWPPP) for review and approval. A NPDES permit will also be
required from the MPCA.
• Engineered retaining wall design and details should be submitted for all retaining walls greater than 4
feet in height. Wall design must take into consideration storm sewer pipes passing through or under
their foundations.
• The grading will impact the floodplain of Elm Creek. Permits may be required by FEMA.
Utilities
• Medina Public Works is requiring that one -inch water services be provided to each unit. These would
be connected to one -inch city provided water meters for each unit.
• The October 10 review from the fire marshal requested a hydrant be added to the west end of the
driveway between the proposed buildings and that the south building be sprinkled. The plans
should be revised to incorporate the additional hydrant, fire service, and watermain.
• The applicant needs to verify where the existing sanitary sewer service connects to the sewer
system. If the existing service connects to the sewer on Hamel Road, the service should be
abandoned to the satisfaction of the city public works department. If the existing service is
connected to the stub in the back yard, then the sewer must be televised to verify the proper
location for abandonment. Regardless of the location of the existing service, the proposed service
must be connected to the manhole as shown on the current plan.
• Invert elevations should be given for the sanitary service line at cleanouts and connection points.
General
• The plans should dedicate 33 feet of right of way for Hamel Road.
• Final plans should include all applicable Medina City Standard Details.
• Plans should identify a snow storage area.
• Proof of temporary construction easements must be provided from neighboring properties if any
applicable.
• Drainage and utility easements should be provided over all ponding areas, wetlands, drainage ways,
storm sewer, and watermain pipes.
• We have estimated the total construction cost to be $228,654.50. A financial guarantee should
be provided for 150% of this amount, or $342,981.75.
If you have any questions please feel free to contact me at (651) 604-4894.
Sincerely,
BONESTROO
Darren Amundsen
Cc: Tom Kellogg
Dusty Finke, City of Medina
Steve Scherer, City of Medina
11/5/2007
Plat L-07.017 Medina Townhomes
Cost Estimate for Financial Guarantee
Removals/Road/Grading/landscaping Units Qry SfUnd Total
Mobilleati0n ES I 5 5,000.00 S5,000.00
Traffic Control LS 15 75000 575000
Remove Wood fence LF 355 5 4.00 $1420.00
Remove Wood Wall LF 60 S 1000 $60000
Remove Tree EA 14 S 30000 S4,200.00
Clear and Grub Sy 120 $ 1000 $120000
Sawcut Bituminous LE 90 S 4.50 $405.00
Erosion and Sediment Control t5 1 $ 7,50000 $7,50000
Grading LS 15 15,000.00 S15,00000
Subgrade Prep SY 850 S 175 $148750
Geotextile filter Fabric SY 850 S 2.50 52,12500
Class 5 Aggregate Base TN 415 S 2200 59,13000
Bituminous Base Course TN 100 5 7000 S7,00000
Bituminous \ Near Course TN 75 5 7500 S5,62500
Bituminous Material For Tack Coat GAL 45 S 400 $180.00
Retaining Wall SF 2,015 5 40.00 580,60000
Railing Lf 180 5 30.00 $5,40000
B612 Concrete Curb and Gutter LF 1705 II00 5187000
Concrete Sidewalk(4") SE 990 S 4.00 53,96000
Planting Medium for Infiltration Basin CY 70 $ 1500 $1,05000
Sand for lnflluation Basin CY 90 S 30.00 S270000
Sod SY 1,350 $ 4.50 56,07500
Seed SY 805 S 200 $161000
landscaping/Filtration Basin Plantings LS 1 5 15,00000 515,00000
Estimated Construction Cost $179,887 50
Watermainnervices Units Qty SIUne Total
6" DIP Waterman LF 300 5 3000 $9,000.00
4" DIP Fire Service LF 40 $ 2800 $1,12000
2" Copper Water Service LF 85 $ 1500 $1,27500
Hydrant EA 2 $ 2000.00 54,00000
6" Gate Valve and Box EA 2 S 1,000.00 52,00000
6" x 6' Tee EA 2 5 500 00 $1 000.00
6'' 90 Degree Bend EA 1 5 30000 530000
Wet Tap to Existing water Main EA 1 5 2,500.00 $2,500.00
Estimated Construction Cost 521,193 00
Sanitary Sewer/Services Units Qty SNnit Total
6" PVC Sanitary Service Pipe LE 335 $ 1800 $603000
Cleanout EA 3 5 25000 S75000
Connect to Existing Sanitary Manhole EA 1 S 2,00000 $2,00000
Estimated Constmction Cost $0,780 00
Storm Sewer Units Qry SNnh Total
12"RCP Storm Sewer LF 276 5 2700 $7,452.00
48" Dia. CBMII EA 3 S 2,000.00 56,00000
ADS Draintech Basin EA 1 $ 1000.00 5100000
6"Draintile LF 90 $ 2000 $1,80000
Class 3 Rip Rap CY 6 S 90.00 $54000
Flared End Section -12''VP EA 1 $ 2,00000 $2,00000
Estimated Constmetlon Cost 518,792 00
SummaryOf Improvement
Removals/Road/Grading/landscaping $179,88750
Wale:main S21,195.00
Sanitary Sewer S8,78000
Storm Sewer 518,792.00
Total Estimated Construction Cost
50%
Total for Financial Guarantee
5228,654.50
5114,327 25
$342,981.75
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METRO WEST INSPECTION SERVICES, INC.
Loren Kohnen, Fres. (763) 479-1720
FAX (763) 479-3090
October 10, 2007
TO: Dusty Finke
City of Medina
FROM: Loren Kohnen
RE: Medina Townhomes
705 Hamel Road
Medina, Minnesota
SITE PLAN REVIEW
I have reviewed the proposed townhomes on Hamel Road and found the
following items for discussion:
1) An additional hydrant must be provided at the West end of the
driveway between the North and South units.
2) The Southern three (3) units must be sprinklered. Fire Department
cannot access the units because the drive is very steep and there
is no turn -a -round at end of access road.
3) "No Parking Fire Lane" signs must be provided on both sides of
roadway leading down to the Southern units and at the end of the
road.
If you have any questions, please give me a call.
LK:jk
cc: Hamel Fire Department
Box 248, Loretto, Minnesota 55357
Watershed Mani.
ADMINISTRATIVE OFFICE
3235 Fernbrook Lane
Plymouth, MN 55447
PH: 763.553.1144
FAX: 763.553.9326
E-mail: judie@jass.biz
TECHNICAL OFFICE
Hennepin County, DES
417 North 5'h Street
Minneapolis, MN 55401-1397
PH: 612.596.1171
FAX: 612.348.8532
E-mall: Ali.Duraunorylu@co.hennepin.mn.us
Project Review -Medina Townhomes
Medina, 2007-035
Project Overview: This is a proposal for developing 7 town homes on a one -acre site (0.997 acres)
located at the southwest corner of Hamel Drive and Tower Road (see map). The south 60 feet of
the property is within the 100-year floodplain of Elm Creek. The base flood elevation is 977.00
feet. The plan will be reviewed for the Commission's floodplain management and buffer
requirements.
Applicant & Agent. Robb Stauber, 7401 Washington Ave S, Edina MN 55439. Phone (763) 238-
7090; fax (952) 942-1006, Email: RStauber@goalerease.com.
Engineering/Agent. Marls Kronbeck, Alliant Engineering, Inc., 233 Park Avenue South, Suite
300, Minneapolis, MN 55415. Phone (612) 767-93.38; fax (612) 758-3099. Email:
mkronbeck@alliant-inc.com.
Exhibits:
1. Request for plan review, received on July 24, 2007.
2. Plan review fee of $100 (received on July 24, 2007).
3. Transmittal letter from the City (Dusty Finke).
4. Preliminary Plan Sheets (dated July 11, 2007, unsigned).
C-0 Cover Sheet
C-1 Existing Conditions Survey
C-2 Site Plan
C-3 Grading & Erosion Control Plan
C-4 Utility Plan
L-1 Landscape Plan
A-5 Elevations
Findings:
General:
1. The initial 60-day project review deadline is September 22, 2007.
2. City of Medina is the LGU administering the Wetland Conservation Act. Wetlands have
been delineated by Alliant Engineering. The project is not proposing any wetland impacts.
Floodplains:
3, a) There are FEMA and Elm Creek WMC designated floodplains on this site. The base
flood elevation (BEE) has been established at 977 feet.
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b) The project does not impact any floodplains.
c) The lowest structure elevation must be at least 2 feet above the BFE. The submitted plan
satisfies this requirement.
Buffers:
4. Elm Creek Watershed Management Commission requires 50 feet native vegetative buffer
from Elm Creek. This buffer will be provided by constructing a rain garden between the
town homes and Elm Creek. Runoff directed towards Elm Creek will be filtered through
this rain garden. A vegetation plan for the rain garden has been included.
5. All the wetlands, floodplains and buffers should be included in drainage easements. Buffer
areas must be indicated by permanent buffer monuments.
6. A long-term plan should be developed for the maintenance of the rain garden, which should
identify funding mechanism and a responsible party.
Erosion and Sediment Control Plan:
7. The project is less than one acre in size and therefore does not require review by the
Commission.
Stormwater Management Plan:
8. The project is less than one acre in size and therefore does not require review by the
Commission.
Recommendations and Findings:
1. Staff recommends the approval of the submitted plans with the following conditions:
a. A copy of the final, signed plan must be submitted,
b. Permanent buffer marks must be shown on the plan,
c. A maintenance plan for the buffer area should be provided,
d. All the conditions must be satisfied before the project review deadline.
August 6, 2007
Date •
Ali Durgunoglu, PhD, PE
Advisor to the Commission
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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.
324132v2 SJS ME230-5
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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
324132v2 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.
324132v2 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
324132v2 SJS ME230-5
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(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 Nature Resources as native in the Minnesota Native
Plant Database. Native vegetation does not include weeds as defined by this
section.
324132v2 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
324132v2 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 or equal to one half of an acre, regardless
of whether the grading is associated with a land use application, a building
permit or reconstruction, excluding agricultural activities; or
iii When any construction or land alteration activity that does not fall within
any of the above categories, but the city has determined that the proposed
activity 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:
324132v2 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. Wetland delineations 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 1st. A wetland delineation completed outside
these dates or submitted later than November 1st will be considered to be
incomplete. In the wetland delineation report, the Applicant must delineate and
document the boundaries of any Wetlands on the property in accordance with the
WCA requirements. The City may require that the wetland delineation be
performed by a certified wetland delineator. If a Wetland on the property is
classified on the WMCM, the Applicant must use the classification as it appears
on the WMCM. If a Wetland is not shown or classified on the WMCM, the
Applicant must submit an electronic copy of MnRAM (version 3.0) filled out for
the Wetland to the city. The MnRAM form must be filled out by a person trained
in wetland science. The MnRAM form must be completed between April 20th
and October 20th of the given year and must be submitted to the city for review
no later than November 1st. 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. The city shall place any approved wetland
delineations and 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;
324132v2 SJS ME230-5
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(g) Legal descriptions of the Wetlands and Upland Buffer Zones to be protected by a
conservation easement to be given to the city. The city shall be responsible for
providing the conservation easement document; 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 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
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 in 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.
324132v2 SJS ME230-5
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(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) 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.
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. 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. The marker shall consist of a four -inch square treated post installed to a
height of four feet above grade and set at least forty-two inches into the ground. Signs shall be
bolted to the post.
(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. The 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) Verbiage, any artwork and the sign's dimensions 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.
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(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
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
324132v2 SJS ME230-5
11
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
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.
324132v2 SJS ME230-5
12
(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.
(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.)
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.
324132v2 SJS ME230-5
13
(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,
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).
324132v2 SJS ME230-5
14
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.
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
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.
324132v2 SJS ME230-5
15
(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 (See section titled, Lot, Setback and Building Size
Requirements and see Figure 1)
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.
324132v2 SJS ME230-5
16
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 — 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)
324132v2 SJS ME230-5
17
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.
SECTION X. This ordinance shall become effective upon its adoption and publication.
324132v2 SJS ME230-5
18
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.
324132v2 SJS ME230-5
19
MEMORANDUM
TO: Planning Commission
FROM: Tim Benetti, Planning Director
DATE: November 7, 2007
MEETING: November 13, 2007 Planning Commission Meeting
SUBJ: Interim Use Permit for an Animal -Assisted Therapy Facility
Rolf & Elizabeth Turnquist/MnLINC — 2000 Chestnut Road
Background
Rolf and Elizabeth Turnquist, along with Minnesota Linking Individuals, Nature & Critters, Inc.
(MnLINC) have applied for an Interim Use Permit (IUP) to allow the operation of an animal -
assisted therapy (AAT) facility at 2000 Chestnut Road [PIDs: 15-118-23-13-0001 and 15-118-
23-12-00031
In order to facilitate and allow this AAT use, the applicants were originally directed to submit an
amendment to the City Zoning Ordinance, which was eventually approved under Ordinance No.
428 on August 8, 2007. The ordinance provides that any proposed AAT is a permitted use under
the Rural Residential (RR) District, by means of a conditional use permit (CUP). The applicants
subsequently received a favorable recommendation from the Planning Commission on August
14th for their CUP to operate the AAT, and the Council unanimously voted to direct staff to
prepare a resolution approving the CUP for the September 18th meeting. Prior to the September
18th meeting, city staff and the Council were made aware of a number of concerns and issues
from neighboring property owners related to the CUP application, and the Council tabled the
CUP resolution approval at the September 18th meeting until these issues/concerns were resolved
or worked out between the applicants and the neighbors.
Since the September 18th meeting, the Council directed city staff to prepare a second ordinance
amendment, revising the minimum lot size from 15 to 75 acres. This amendment was presented
before the Planning Commission at the October 9th regular meeting; and the Council
subsequently approved the amendment at the October 16th regular meeting, with an addition
allowing the City to regulate the type of clientele allowed at an AAT facility (note: the updated
ordinance has been included as part of this report as an attachment - Ordinance No. 431).
The City Council further directed the applicants to submit (and city staff to process) an Interim
Use Permit application for this proposed AAT use, with the "understanding" that if the
owner/applicants and the surrounding neighbors were unable to agree to a proposed third -party
agreement related to the private roadway easement and expiration date for the AAT use by the
November 6th regular meeting, the applicants would need to present this IUP before the Planning
Commission and City Council. As of November 6th and the preparation of this report, city staff
is unaware of any approved agreement between the applicants and neighbors.
Site Details
The property is generally located east of Willow Drive, between Hamel Road and County Road
24 (see site location map). The site is located in the Rural Residential (RR) Zoning District, and
is currently guided under the 2020 Comprehensive Plan as RR -Rural Residential. The proposed
2030 Comprehensive Plan call for this same area to be guided as "PR -Permanent Rural." The
Turnquist property consists of two separate parcels of approximately 40-acres each., or just
slightly over 79 acres total. Existing structures include a house, a 8,064 sq. ft. barn and
apartment, a 6,664 sq. ft. riding arena (with 2,000 sq. ft. lean-to), and three small sheds. An
existing CUP (Resolution 87-133) allows up to 14,000 sq. ft. of accessory structure on the
property, but no commercial uses. The IUP under consideration does not affect this original
CUP or the conditions related to said CUP.
There are significant wetlands on the parcels. Most of the northern parcel is wetland, and a large
portion of the southeast corner of the property is as well. The City's wetland engineer walked
the site and confirmed that no structures or existing paddock space encroaches into wetlands,
although the fence line gets within 15 feet in many places. There are existing graveled areas
adjacent to the driveway which the applicant proposes to use as parking areas. There are
approximately 15 acres of fenced paddock area.
Average Scale
1 inch = 242.5 f L
Description of the Proposed AAT Use
The AAT facility, as proposed, would include 2 full-time and 2 part-time staff. One of these staff
will actually live in the dwelling room in the existing barn. Clients would be seen in student groups,
client groups, and individually. Student groups would come in vans or small buses and could
include up to 10 students. Groups may be held a few evenings per week and may include 3-5
clients. Individual clients would come and go throughout the days.
Page 2 of 5
The original hours of operation have been revised, and the AAT use is allowed to operate only
between the hours of 9:00 a.m. to 8:00 p.m., five days per week. MnLINC proposed the reduced
hours of operation, and provide only 5 days per week, instead of the original full seven day
allowance. These appointments may occur on the weekend, but this would require that there be
no appointments on one of the weekdays in order to bring it to a total of 5 days, with no
programs or activities on Sundays. The AAT is also limited to program participant trips of up to
10 per day, and limited to 5 days per week. MnLINC offered to remove the larger educational
and group events, and a maximum of 15 persons (related to the program facility) would be
allowed on -site at any one time.
MnLINC has stated that they would be able to maintain a ratio of one person responsible for
supervision per every two program participants. The supervision may be provided by MnLINC
staff, visiting teachers, paraprofessionals, and others, to maintain the supervision.
MnLINC also agreed to language that would have allowed the City to revoke the previously
considered CUP after 30-days of inactivity. Even though this IUP has a termination date affixed
to it, City staff is recommending that this provision remain. The condition states that should the
AAT use become inactive for a period exceeding 30 days, even within the proposed two-year
operation timeframe, the AAT must cease its operation and vacate the property..
Additional animals beyond those owned by the Turnquists would be housed on -site. Currently, this
may include 2-3 horses and 10 chickens.
Interim Use Permit Regulations.
Interim Use Permits for the City of Medina are regulated under City Zoning Ordinance No. 825.
Zoning —Administration; Subd. 73-81. IUP's may be allowed by permit if the following
conditions are met:
(a) the use conforms to the zoning regulations;
(b) the date or event that will terminate the use can be identified with certainty;
(c) permission of the use will not impose additional costs on the public if it is necessary
for the public to take the property in the future; and
(d) the user agrees to any conditions that the city council deems appropriate for
permission of the use.
IUP's are generally applied to certain specific or unique uses where the local zoning ordinance
normally does not allow or provide for such a use; or where surrounding or underlying land use
may be in a state of flux, transition or subject to potential changes (either by a planned zoning
amendment, future land use revision, or similar situation) by the City. The key element to the
IUP is that they must have a termination date, whereby an IUP allowed use must cease or vacate
the property it occupies by an established date. Under state statutes regulating CUP'S (and even
within municipalities), uses approved under a CUP are essentially allowed to "run with the land"
and operate without any "termination" dates, and may only be removed or taken away if the
owner/applicants fail to comply with the CUP conditions.
Page 3 of 5
Ordinance No. 431 establishing this AAT use requires the approval of a CUP; however, under
the IUP process, the City may allow any type of special or unique type of use to be established or
continue on a legally described property, with or without conditions set by the City, and a
termination date. Such is the case of this IUP under this application review. Although this IUP
is not subject to meeting the specific conditions established by AAT Ordinance No. 431, city
staff is presenting the same list of conditions previously established by the Planning Commission
and City Council during separate consideration of the of the original AAT conditional use permit
and AAT ordinance amendments.
Because this application is essentially the same as presented previously under the CUP
consideration, the only significant changes being included under this IUP is the termination date.
Some additional conditions which may have been formulated by the City Council have also been
included since the Planning Commission reviewed this at the August 14th regular meeting.
The applicant proposes no new structures for the AAT facility, but rather to operate in the
existing structures on the property.
Conformity with Ordinance
In conjunction with the conditions listed under City Code Section 825.73, the City may allow the
establishment of an interim use if it conforms to the zoning regulations where it is located. As
indicated previously, the subject site is located in the Rural Residential (RR) Zoning District.
Because this specific AAT use is currently allowed under our Zoning Ordinance by means of a
conditional use permit, this use is technically not allowed. Therefore, the Planning Commission
must determine if the AAT use conforms to the underlying zoning regulations.
Under the previously approved and amended AAT Ordinance, this type of use is only permitted
by a CUP in the RR zoning. Since the AAT would involve the use of animals typically found on
farmsteads or rural residential properties, (and even though these animals are specially trained or
certified as "therapeutic"), this AAT use was restricted to the rural residential sectors of the
community. The applicants previously applied for and received contingent approval of their
CUP as it relates to the AAT Ordinance; and therefore city planning staff will conclude that the
AAT use as applied under this IUP would be in conformance with the underlying RR zoning
district, and is consistent with the previous approvals as recommended by the Planning
Commission and City Council.
Staff Recommendation
Although city planning staff concedes the interim use permit being processed and applied for
under this specific application may not be entirely appropriate for this type of use, we clearly
recognize (and are unable to ignore) the previous recommendations of approval by the Planning
Commission and subsequent approvals granted by the City Council for the original conditional
use permit allowing this AAT facility. For all intents and purposes, this IUP appears to be
consistent with the previously established conditions previously considered by the City Council,
the applicants, and the neighboring property owners. If it is the ultimate will and objective of the
City to provide a termination date for this specific use, then the IUP is the most appropriate
instrument in providing this condition.
Page 4 of 5
Therefore, due to our understanding and wishes of the City Council, city planning staff
respectfully recommends the Planning Commission recommend approval of the Interim Use
Permit for the operation of an Animal -Assisted Therapy facility, subject to the previously
formulated and considered conditions of approval related to the original CUP application. These
conditions are listed under the attached resolution, and may be modified at the discretion of the
Planning Commission. Please note city staff has included under the IUP a termination date as
November 20, 2009, which essentially is the two-year timeframe proposed by the applicants to
operate the proposed AAT facility on this site.
Staff would also recommend that should the Planning Commission provide a favorable
recommendation of approval of this IUP, and the City Council grants said IUP for the AAT
facility, the applicants should provide a letter or similar correspondence officially withdrawing
the previously tabled CUP allowing this same use.
If the Planning Commission determines or feels otherwise on this IUP application, and wishes to
recommend denial of said application, they must provide specific reasons for denial of the IUP as
it relates to the AAT facility, and direct staff to prepare a resolution of denial, if necessary.
Please note that even if the Planning Commission recommends denial or tabling of this IUP
application, the City Council still must act on or determine the fate of the original CUP
resolution of approval, scheduled to be presented at the November 20th regular meeting. The
review deadline for the CUP application is November 30, 2007.
Attachments
1. Location Map
2. Applicant letter (describing AAT use)
3. Site Plan
4. Ordinance No. 431
5. Resolution of Approval for the Interim Use Permit
Page 5 of 5
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1. Definition: Animal -Assisted Therapy (AAT) SEP
Cited from the Delta Society, http://www.deltasociety.orq/abLt at.htm, a
leading international resource for the human -animal bond. Delta Society has
been the force to validate the important role of animals for peo•• - nd
well-being by promoting the results of research to the media and health and
human services organizations.
The formal definition of animal -assisted therapy is:
"AAT is a goal -directed intervention in which an animal that meets
specific criteria is an integral part of the treatment process. AAT is
directed and/or delivered by a health/human service professional with
specialized expertise, and within the scope of practice of his/her
profession.
AAT is designed to promote improvement in human physical, social,
emotional, and/or cognitive functioning [cognitive functioning refers to
thinking and intellectual skills]. AAT is provided in a variety of settings
and may be group or individual in nature. This process is documented
and evaluated." (From .Standards of Practice for Animal -Assisted
Activities and Therapy) .
2. Business Plan
MnLINC's mission is to "partner with individuals, animals, and nature to inspire
and instill human wellness." MN LINC delivers animal -assisted therapy, and
describe their organization as "a therapeutic, non-profit organization that uses the
restorative and healing power of animals to help troubled individuals. We believe
that people can reclaim their lives and begin to thrive through the compassion
and wisdom of animals. We empower people .struggling with life's challenges to
move ahead into a stronger life defined by personal integrity, self-esteem and
high expectations."
les
urine a
ould conduct
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an 3
b. Aside from the delivery of AAT services, no other commercial or business
activities will be conducted on the Turnquist property.
3. Personnel
4. Animal Units
ogs, and 10 chickens,
LILAC
bie '15 artirv�al [ataits.
5. Property Size
The Turnquist property is a total of 80 acres. Of this amount, approximately 30
acres are fenced for animal pasture, 40 acres are heavily wooded with riding
trails throughout, and the remaining 10 acres contain the house, barns, parking
areas, and non -pastured lawn space.
6. Insurance Certificates
a. proof of professional liability
b. proof of program liability
7. Proof of Licensing and Education
a. diplomas and license for Clinical Director
b. diplomas and license for Education Director
8. The City is welcome to visit and inspect the property at any time.
1225 fee
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july 31. 2007
TO: Planning Director, Tim Benetti
FROM: Chief Ed Belland
SUBJECT: Safety Issues Related to Chestnut Drive
DATE: October 4, 2007
At the October 3rd Medina City Council meeting, I was asked to look at the safety issues
relating to emergency response to Chestnut Road in relation to the Turnquist - MinLink
commercial proposed development.
I inspected Chestnut Road from where the private road begins, which is at the top of the
hill in the 2100 block. From the hill the road goes down at approximately a 14-15%
decline to the bottom which runs about 800 feet long. The road is approximately 16 feet
wide with washout gullies on both sides. The driving surface is gravel and is in average
condition. The private road portion of Chestnut Road is adequate for emergency
response, which includes police, EMS, and fire.
In reference to fire response, I spoke to Fire Chief Brandon Guest and Assistant Fire
Chief Tom Gregor. I was informed that Tom Gregor and Loren Kohnen had inspected
the driveway and had concerns in reference to parking and the ability to turn a fire truck
around at the Lindquist property. These issues were addressed in condition 19 of the
current resolution. They were also concerned with the width of the road. If there was a
fire, it would be impossible to have trucks passing each other on the private road portion
of Chestnut Road. The width is only 16 feet wide.
In looking at the state of the road, I believe that with the limited amount of trips allowed
per day, regulated by the resolution, there is not a major safety concern in responding to
emergencies. With that being said, I believe that there should be a condition added to
the resolution stating that the road shall be maintained to an 18 foot standard, plowed
and sanded during the hours of operation.
CITY OF MEDINA
ORDINANCE NO.431
An Ordinance Related to Regulations Related to
Animal -Assisted Therapy as a Conditional Use in the
Rural Residential zoning district;
Amending Section 826.98, Subdivision 2 (o).
The city council of the city of Medina ordains as follows:
SECTION I. Medina Code Section 826.98 is amended by adding the underlined text and
deleted with strikethrough text 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 15 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.,
i) if not located with direct access to a collector or arterial roadway, the city
council may apply conditions it deems to be reasonably 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 set back at least 50 feet from all property lines;
Ordinance No. 431
October 16, 2007
(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;
(viii) wetlands on the property must be fenced to prevent grazing, or other use;
(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
such coverage as the city attorney deems reasonable, and shall thereafter
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 II. 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 16th day of October, 2007.
T.M. Crosby, Jr., Mayor
ATTEST:
Chad M. Adams, City Administrator -Clerk
Published in the Crow River News this 22nd day of October, 2007.
Ordinance No. 431
October 16, 2007
2
Member
introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.
RESOLUTION GRANTING AN INTERIM USE PERMIT
APPROVAL TO ROLF AND ELIZABETH TURNQUIST AND MINNESOTA
LINKING INDIVIDUALS, NATURE AND CRITTERS (MNLINC)
FOR PROPERTY LOCATED AT 2000 CHESTNUT ROAD.
WHEREAS, Rolf and Elizabeth Turnquist are fee owners of two parcels of property
within the city of Medina (the "City") legally described on Exhibit A attached hereto; and
WHEREAS, Rolf and Elizabeth Turnquist and Minnesota Linking Individuals,
Nature and Critters (the "Applicants") have applied to the City for interim use permit
approval in order to operate an animal -assisted therapy facility on the property generally
located at 2000 Chestnut Road, which is legally described on Exhibit B attached hereto
(the "Subject Property"); and
WHEREAS, the interim use permit was reviewed by the Planning Commission at its
regular meeting on November 13, 2007 and, following public hearing thereon as required
by law, the Planning Commission recommended approval thereof, subject to certain
terms and conditions; and
WHEREAS, the City Council on November 20, 2007 reviewed the interim use
permit for its conformance with the City's ordinances, considered the recommendations
of the Planning Commission and heard comments from the Applicants and the public;
and
WHEREAS, the City previously adopted Resolution 87-133 on December 17, 1987,
granting conditional use permit approval permitting an aggregate maximum of 14,000
square feet of accessory structures on the Subject Property, subject to certain terms and
conditions, shall remain intact and not subject to the outcome or rescinding of this interim
use permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF MEDINA, MINNESOTA, that the interim use permit approval be
granted to the Applicant, subject to the following terms and conditions:
1. An interim use permit is granted which allows the operation of an animal -assisted
therapy (AAT) facility, in accordance with the plans received by the City on July
31, 2007 and operation description received by the City on September 24, 2007,
except as amended by the City Council.
2. The subject property is allowed to have a maximum of 15,000 square feet of
accessory structures on PID 15-118-23-13-0001.
Resolution No.
DATE
1
3. No new structures or additions to existing structures are proposed or approved at
this time.
4. It is acknowledged that the 6,664 sq. ft. structure does not meet animal structure
setback requirements. Animal uses, including animal -assisted therapy, within this
structure must cease if both parcels which are part of the Subject Property to this
conditional use permit are no longer under common ownership.
5. Except for those animals involved with animal -assisted therapy, there shall be no
on -site commercial boarding of animals.
6. The Applicants shall comply with the standards of the Minnesota Pollution
Control Agency regarding manure management and removal.
7. The private portion of Chestnut Road shall be maintained by the Applicants in
accordance with the Chief of Police memo dated October 4, 2007. The
Applicants shall comply with any additional requirements of the Fire Marshal,
Fire Department, and/or Police Department.
8. The Applicants shall comply with any requirements of the Building Official.
9. The Applicants shall submit plans, stamped by a licensed architect, showing
building improvements necessary for compliance with applicable regulations.
Necessary permits shall be obtained for all needed improvements.
10. The Applicants shall provide a review of the septic system from a certified septic
designer, certifying that there is capacity for the proposed activities.
11. The Applicants shall make a concerted effort to minimize wear on city streets by,
whenever possible, avoiding the use of buses to transport persons to the AAT
facility. In no case shall a vehicle with a curb weight in excess of 8,500 lbs be
used to transport persons to the AAT facilities.
12. The animal -assisted therapy facility shall generate no more than 15 round -trips
per day, and program participant trips shall be limited to five days per week.
13. The maximum allowed persons at the AAT facility at any one time is 15.
14. AAT program participants shall be limited to those persons whom are by law
eligible for free, public education services. Adult parents, legal guardians, and
family members of these participants may also take part in the student's AAT
program.
15. The animal -assisted therapy facility shall maintain a ratio of one staff member per
two program participants at all times. Teachers, paraprofessionals, and mental
health professionals who accompany participants to the site may be considered as
staff for the purposes of this ratio.
16. Hours of operations shall be limited to 9:00 a.m. to 8:00 p.m., five days per week,
and not on Sundays.
17. No more than 15 animal units, as defined in Exhibit C attached hereto, shall be
allowed on the property at one time. This limitation shall include animals owned
by the property owners and animals owned by the AAT facility.
18. The Applicants shall abide by all regulations relating to dogs and private kennel
licenses. Dogs temporarily on -site during business hours as part of AAT facility
operations shall not be considered when accounting for the number of dogs kept
on the property nor shall dogs be considered animal units per Condition 16. No
more than five (5) dogs shall be allowed on the property for AAT activities.
19. Applicants shall update plans and provide an adequate turn -around at the end of
the driveway, taking into consideration parked vehicles. This turn -around shall be
approved by the Fire Marshal and public works.
Resolution No.
DATE
2
20. Parking for 10 vehicles shall be provided on graveled surfaces at all times for the
AAT facility as shown on the plans. Overflow parking shall also be available as
shown.
21. Paddocks shall not be expanded beyond current fence locations unless approved
by City staff.
22. Any new or replacement lighting shall 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.
23. The Applicants shall provide proof of insurance for review, and will obtain and
maintain additional insurance if requested by the City.
24. The City may inspect the site to verify compliance with these conditions at any
time.
25. The AAT facility shall terminate immediately if the AAT facility ceases operation
for a period of 30 days. Failure to terminate operations of the AAT facility as so
provided shall constitute a violation of the terms of this interim use permit
approval and shall be cause for revocation of this interim use permit.
26. The interim use permit allowing this AAT facility shall be valid for a two-year
period, with all activities and uses related to the operation of such AAT use
terminating on or before November 20, 2009.
27. The Applicants shall pay to the City a fee in the amount determined by the staff to
represent the actual cost to the City of reviewing this conditional use permit
application.
Dated:
T.M. Crosby, Jr., Mayor
Attest:
Chad M. Adams, City Administrator - Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Resolution No.
DATE
3
Exhibit C
Animal Units
Animal Species
Animal Units
Horse
1
Cow
1
Llama
0.5
Goat
0.5
Sheep
0.5
Pony
0.5
Domestic Fowl
0.1
Other animals not listed above
1 unit per 1000 lbs.
Resolution No.
DATE
4
CITY OF MEDINA
ORDINANCE NO.
An Ordinance Pertaining to Wetland Protection and Regulations
Amending Section 828.43 of the City Code
The city council of the city of Medina ordains as follows:
SECTION I. Medina Code Section 828.43 is amended by deleting the entire section as follows:
SeetionWLatlands-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 Covcrnment Unit. The city shall be the local government unit for the
purposes of the Act and the Rules.
Subd,-5,Teehnieal-Evaluation-Panel,
(a) A wetlands technical evaluation panel is hereby established. The panel shall be
Resources, and a person appointed by the Hennepin County Conservation District.
1
(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 concernestiens of-pu a ..aloes lec-,tie
size, and type for replacement plans;
and no loss determinations;
(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;
(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
(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
v
wetland mitigation program; or
2
(iv) the activity is being conducted as part of an approved replacement plan or is
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.
(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
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
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
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
3
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
(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
contained in the Act and the ,
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.
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.
SECTION II. Medina Code Section 828.43 is amended by adding the underlined material as
follows:
Subd. 1. Council Findings and Intent. The Council 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 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 health, safety and general welfare. Regulating
wetlands and the land uses around them is therefore in the public interest.
Subd. 2. General Provisions
(a) Incorporation by Reference. In order to protect wetlands, this Ordinance
incorporates by reference the Minnesota Wetland Conservation Act of 1991
(hereinafter referred to as the WCA) and any future amendments adopted by the
legislature. In the event that any requirements of this section are inconsistent with
the WCA, the provision providing the most wetland protection shall apply.
(b) Local Government Unit. The City shall be the Local Government Unit (LGA) for the
purposes of the WCA.
4
(b) Applicability. This buffer and setback regulations of this section shall apply to any
property containing wetlands in the following circumstances:
(1) New development is proposed. For purposes of this subsection, new
development includes:
(a) Any formal land use application, including but not limited to:
subdivsions, 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.
(2L Land disturbance is proposed in excess of 0.5-acre which is not a result of
(3)
agricultural practice; or
Construction or land alteration activity is proposed that otherwise 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
three conditions exist:
(a) The portion of the property disturbed by construction or land
alteration activity naturally drains to the wetland; and
(b) The amount of grading exceeds 50 cubic yards or the construction
activity involves the disturbance of more than 5,000 square feet of
area; and
(c) Structures and/or proposed impervious surface are within 100 feet
of the wetland boundary as approved by the City.
(c) Wetland Management Classification Map
(1) The City shall maintain the official Wetland Management Classification
(WMCM) which is herby adopted by reference, a copy of which shall be
kept on file in the office of the City Clerk and shall be available for public
review during all normal office hours. The WMCM has the following
classification categories for each wetland: Preserve, Manage 1, Manage 2,
and Manage 3.
(2) If the wetland is classified on the WMCM the applicant must use the
classification as it appears on the WMCM. If the wetland is not shown or
classified on the WMCM the applicant shall be required to submit an
electronic copy of MNRAM Version 3.0 filled out for the wetland on the
property to the City Staff. This MNRAM form will need to be filled out
by a person trained in wetland science. MNRAM must be completed
between April 20th and October 20 and cannot be submitted for review
later then November 1st. The City under it discretion may require work to
be done be a Certified Wetland Delineator.
(3)
It is the responsibility of the Applicant to determine whether a wetland
exists on a subject property. It is the responsibility of the Applicant to
delineate and document the wetland boundary of wetlands on the subject
property in accordance with WCA requirements ("Wetland Delineation
Report"). The City will require a fee and or escrow from that applicant to
complete the review of the wetland delineation or if appropriate develop a
boundary estimate and determine if the buffer is considered acceptable per
Section 5 of this ordinance.
(4) The wetland delineation shall be conducted according to the 1987 U.S.
Army Corps of Engineers Wetland Delineation Manual (U.S. COE) and
subsequent updates and shall be approved by City Staff. Wetland
delineations must be completed between April 20th and October 20 and
cannot be submitted for review later then November 1st. A wetland
delineation completed outside these dates or submitted later then
November 1st will be considered incomplete. The City under it discretion
may require work to be done be a Certified Wetland Delineator.
Subd. 3. Definitions. The following words and terms, wherever they occur in this section,
are defined as follows:
(a) "Applicant" — The person submitting a proposed project that falls under the
requirements of this Code.
(131 "MNRAM" — The Minnesota Routine Assessment Methodology (MNRAM) as
referenced in Minnesota Rules 8420. MNRAM is a field tool used to assess
wetland functions on a qualitative basis. Functions include floral diversity and
integrity; wildlife habitat; water quality protection; flood & stormwater
attenuation; recreation, aesthetics, education & science; fishery habitat; shoreline
protection; groundwater interaction; and commercial uses.
(c) "Non-native Vegetation" - Plant species not indigenous to or naturalized to the
Hennepin County Region of the State of Minnesota or plant species.
(d) "Setback" — The minimum horizontal distance between a structure and the nearest
edge of the Upland Buffer Zone strip.
(e) "Vegetation, Native" - Plant species indigenous to or naturalized to the Hennepin
County Region of the State of Minnesota or plant species classified as native in
the Minnesota Native Plant Database (Minnesota Dept. of Natural Resources,
2002 or as amended). Native vegetation does not include Weeds.
(f) "Weeds" - Weeds are (i) noxious weeds as defined and designated pursuant to the
"Minnesota noxious weed law", Minnesota Statutes, Sections 18.76-18.88, as
(g)
amended from time to time, or (ii) any volunteer plants, such as but not limited to
spotted knapweed (Centaurea maculosa) or burdock (Arctium minus). For the
purposes of this definition, Weeds do not include dandelions or clover. The City
Weed Inspector and/or Assistant City Weed Inspector shall maintain a current list
of volunteer plants that are prohibited.
"Wetland" - Lands 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 definition, wetlands must:
(1) have a predominance of hydric soils;
(2) 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
(3) under normal circumstances support a prevalence of h lrophytic
vegetation.
(h) "Unreasonable Impact on Property" Definition still to be determined
(i)
"Upland Buffer Zone" - An area of vegetated ground cover around the perimeter
of a wetland that, either in its natural condition or through intervention, has the
characteristics of a Buffer as defined in Section 5 of this Ordinance.
Subd. 4. Upland Buffer Zone and Setbacks.
(a) This subsection established requirements of upland buffer zones and setback from
buffers around wetlands. Upland buffers zones around wetlands are necessary
and beneficial to maintain the health of wetlands. They protect the edge of
wetlands from erosion while filtering sediment, chemical and other nutrients from
runoff that drains into wetlands. They provide wildlife habitat and thereby
support the maintenance of diversity of both plant and animal species in the City.
They reduce the human disturbances to wetlands by providing a visual and
physical transition surrounding yards.
(b) The table below provides the upland buffer required for each wetland classification.
The total acres of buffer required should be determined based on the average
width. If approved by the City Staff the buffer width can be adjusted along the
wetland boundary as long as the width does not fall below the minimum and the
average acres requirements are met. The City Staff will take into consideration
guidance as provided in Figure 1.2.
Wetland
Permanent Upland
Minimum
Minimum Building
Buffer Zone Average
Permanent Upland
Setback from Outer
Classification
Width (feet)
Buffer Zone (feet)
Edge of Buffer (feet)
Preserve
50
30
20
Manage 1
35
25
20
Manage 2
25
25
20
Manage 3
20
16
20
(c) All upland buffer areas shall extend from the edge of the delineated wetland or
wetland boundary as approved by the City into the adjacent upland area.
(d) The following alterations to the upland buffer and wetland are not allowed: building,
Having mowing, introduction of non-native vegetation, cutting filling dumping
yard waste disposal or fertilizer application, and activities not permitted under the
Wetland Conservation Act. However, it is permissible to remove non-native
vegetation (such as european buckthorn, purple loosestrife and reed canary grass)
or dead or diseased trees that pose a hazard.
(e) For roadways, trails, and driveways, or portions there of, that are routed across
wetlands and are subject to WCA replacement requirements, buffers will be
required on the fill slope but fill should not be expanded to accommodate
additional Upland Buffer Zone.
(f) If the area of the buffer has a preconstruction slope that exceeds 12%, the buffer
shall be at the maximum width for the particular wetland classification.
(g)
The City may allow public trails within the upland buffer zone if located outside the
minimum permanent upland buffer zone for the classification of the wetland. The
temporary and permanent trail disturbance must be less then 9 feet in width.
(h) Upland Buffer Zone Flexibility. Where existing structures or surfaces are located
within an area that would be required for the establishment of an upland buffer
zone under this ordinance, alternative methods to replace the loss of the buffer
may be approved by the City Staff to avoid creating unreasonable impacts on the
existing use of a property. Such methods may include but are not limited to
buffer width averaging below the minimum, redirection of drainage to an area
where buffer is feasible while still maintaining the drainage to the wetland, use of
rainwater gardens, vegetated swales or other BMP's for treating runoff.
Subd. 5. yegetation Performance Standards.
(a) Where acceptable natural vegetation exists in upland buffer zone, the retention of
such vegetation in an undisturbed state is required unless an applicant receives
approval to replace such vegetation. An upland buffer zone is acceptable if it:
(1) is composed of less then 25% weeds (including, but not limited to
common buckthorn, purple loosestrife, leafy spurge and/or noxious weeds
as defined by Minnesota Statutes, Sections 18.76-18.88); and
(2) has less then 5 % exposed soil and the remainder is covered by native
vegetation
(3) does not contain any maintained turf grass.
(b) Where buffer areas or a portion thereof are not considered acceptable or are allowed
to be disturbed as part of the grading, a Upland Buffer Zone landscaping plan
shall be submitted to City Staff for approval. The plan must involve the seeding
and/or planting of a minimum of four (4) species of native grasses and five (5)
species of native forbs and a cover crop. Publications such as the BWSR's
"Guidelines for Restoring and Managing Native Wetland Vegetation" or the
"2000 MNDOT Standard Specification for Construction" are sources for
information on native seeding as well as installation and maintenance
requirements. At a minimum, this plan shall include the following:
(1) A plan sheet that shows the location of the buffers within the property.
This sheet should also show buffers that are considered acceptable in their
current state and identify them as areas that shall not be disturbed during
grading. Silt fence may be required around these areas by the City in
order to protect them from erosion and disturbance.
(2) For buffer areas that are not acceptable, a landscape plan shall be
developed that provides species and planting and/or seeding locations.
(3)
Detailed specifications that describe sequencing, scheduling, materials,
installation and maintenance execution for the seeding or planting of the
upland buffer zone are required to be submitted and approved by the City.
(c) In cases where a buffer is required and is considered unacceptable or is disturbed the
City may require a cash escrow valid for up to 2-years that can be used for
compliance inspections and establishment of native vegetation if not completed
by applicant or deemed unsuccessful. A successful seeding or planting will be
considered having a minimum of one plat per square foot from the specified seed
mix or planting plan and weedy species less then 25% of the area.
(d) The party responsible for the maintenance shall:
(1 L Maintain and repair damage to buffer areas from such activities as
mowing cutting grading or other prohibited activities.
(2L Ensure that all soil surfaces in the buffer area are planted with the
permitted native vegetation and that there is less then 5% open soil surface
that may result in erosion.
Subd. 6. Upland Buffer Zone Mitigation.
(a) Where wetland alteration is approved and mitigation is required, mitigation must
result in equal or improved wetland function and value. Mitigation plans must
address water quality improvement and maintenance of preexisting hydrological
balance and wildlife habitat. The wetland function and value will include
improvement of water quality, maintaining hydrological balance, and provision of
wildlife habitat. Mitigation will be performed at ratios required by the Wetland
Conservation Act to achieve replacement of the wetland function and value.
(b) The following criteria shall be required for mitigation of the wetland and/or Upland
Buffer Zone area.
(1) Wetland mitigation shall conform to the requirements of the Wetland
Conservation Act. Buffers will be required to be replaced on the fill sloe
and elsewhere along the edge of the existing wetland to meet the require
Upland Buffer Zone area. If a wetland is completely filled under an
approved Wetland Permit, the buffer area requirement associated with the
classification of the wetland that was filled will be required for the
replacement wetlands unless replacement is occurring adjacent to a
wetland with a classification that requires a large buffer. In this case, the
buffer area requirement for the wider Upland Buffer Zone will apply.
(2) Wetland and buffer area plantings that are completed for mitigation shall
meet the standards for plantings specified in Section 5.
(3)
Upland buffer zones can be utilized for wetland mitigation credits if they
meet the requirements of the Wetland Conservation Act.
Subd. 7. Upland Buffer Zone Markers. Applicants shall identify all wetland buffer zones
with physical markers which meet the following standards:
(a) Artwork, sign dimensions requirements, and marker specifications and details shall
be provided by the City; although the Applicant shall be responsible for acquiring
and installing the signage.
(b) Sign shall be placed approximately every 250 feet along the upslope edge of the
Upland Buffer Zone. At least one sign shall be placed on each parcel. Proposed
locations of signs shall be shown on certificate of survey or site plan. In general
the location of signs shall capture the portion of the buffer that extends the
10
furthest upslope into the lot. The plan that shows the location of the sign shall be
provided to the City for review and approval.
(c) Artwork and verbiage shall face principal structure.
Subd. 8. Application and Issuance of Permit.
(a) The following is required as part of the submittal for approval.
(1) Grading plan (if grading proposed)
(2) Square footage of proposed structure and impervious surface
(3) Wetland Delineation Report.
(4) Certificate of Survey or Site plan that shows the Upland Buffer Zone and
setback.
Buffer landscaping plan that meets the requirements in Section 5 of this
Ordinance.
Submittals required by the Wetland Conservation Act if wetland impacts
are proposed.
Excecuted permanent flowage and conservation easement and Restriction
and Covenant for the wetland and Upland Buffer Zone to the City of
Medina.
(5)
(6)
(7)
(b) Ordinance compliance may be approved at the staff level. A Wetland Replacement
Plan Application approval shall not be issued without having first been reviewed
and approved by the City Council.
Subd. 9. Variances. A variance from the requirements of this Ordinance may be granted in
accordance with the variance provisions of this chapter, so long as the variances do not
violate the Wetland Conservation Act or its Rules.
Subd. 10. Violations. Violation of the provisions of this Ordinance or failure to comply with
any of its requirements (including violations of conditions and safeguards established in
connection with grants of variances or conditional uses) shall constitute a misdemeanor
and shall be punishable as defined by law.
Subd. 11. Authority/Enforcement Actions. Nothing herein contained shall prevent the City
of Medina from taking such other lawful action as is necessary to prevent or remedy any
violation. Such actions may include but are not limited to:
(a) In responding to a suspected Ordinance violation, the Zoning Administrator and the
City of Medina may utilize the full array of enforcement actions available to it
including but not limited to prosecution and fines, injunctions, after -the -fact
permits, and/or orders for corrective measures to the guilty party.
(b) When an Ordinance violation is either discovered by or brought to the attention of the
Zoning Administrator, the Zoning Administrator shall immediately investigate the
11
situation and document the nature and extent of the violation of the official
control.
(c) The Zoning Administrator shall notify the suspected party of the requirements of this
Ordinance and all other official controls and the nature and extent of the
suspected violation of these controls. If the structure and/or use are under
construction or development, the Zoning Administrator may order the
construction or development immediately halted until a proper permit or approval
is granted by the Community. If the construction or development is already
completed, then the Zoning Administrator may either: (1) 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 the official controls; or (2)
notify the responsible parry to apply for an after -the -fact permit/development
approval within a specified period of time not to exceed 30-days.
(d) If the responsible party does not appropriately respond to the Zoning Administrator
within the specified period of time, each additional day that lapses shall constitute
an additional violation of this Ordinance and shall be prosecuted accordingly.
The Zoning Administrator shall also upon the lapse of the specified response
period notify the landowner to restore the land to the condition which existed
prior to the violation of this Ordinance.
SECTION III. Medina Code Section 831.05 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 832.05 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).
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.
12
SECTION V. Medina Code Section 833.05 is amended by deleting the stricken 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.
SECTION VI. Medina Code Section 835.05 is amended by deleting the stricken 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.
Section VII. 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.
CITY OF MEDINA
T.M. Crosby, Jr., Mayor
ATTEST:
Chad M. Adams, City Administrator -Clerk
Published in the Crow River News this _ day of , 2007.
13
Agenda Items: 8 & 9
MEMORANDUM
TO: Planning Commission
FROM: Dusty Finke, Assistant to Planning; through Planning Director Benetti
DATE: November 8, 2007
MEETING: November 13, 2007 Planning Commission
SUBJ: Wetland Ordinance Amendment
Background
The Commission tabled the wetlands ordinance at its October meeting. As requested, Andi
Moffatt from WSB, the consulting firm who completed the wetlands functions and values
assessment, will be present at the November 13 meeting. Ms. Moffatt will present the results
and be available to answer any questions the Commission may have.
Included in the packet is the ordinance with the changes which there seemed to be consensus on
at the last meeting. These changes are summarized below. The Commission may choose to act
on this item following the presentation from WSB. Since the ordinance was tabled, the
Commission will need to bring it back from the table if they wish to discuss it. The required
public hearing was held during the October Planning Commission meeting, so the Commission
would not necessarily need to hold further public hearing. The Commission does have the option
to re -open the Public Hearing, or direct staff to send notice of a re -opened Public Hearing for
December, if they wish. The Commission could, if desired, discuss and make a recommendation
on the ordinance, or request it be brought back at a future meeting.
Changes in the Draft Ordinance
The draft was updated to clarify that a new structure with a footprint of 1500 sq. ft. triggers the
ordinance. Previously, the draft implied total square footage, not footprint size.
The draft was updated to make the signage post requirements less specific. There was discussion
that "ugly" posts holding the signage did not seem preferable. The ordinance leaves flexibility
for the City to provide specifications and details (one example would be birdhouses, as discussed
at the October meeting), without mandating them in the ordinance. This will also make it easier
to change the specifications in the future.
The draft was updated to clarify the planting requirements within a buffer. Previously, the
language may have been read to only require four or five individual plants. The language was
clarified to read 4 species of grasses and 5 species of forbs.
Other Discussion Points From the October Meeting
Other points were discussed in depth at the October meeting, but staff was unsure if there was a
consensus, including:
1) how aggressive the ordinance triggers should be for existing homeowners. In the current
draft, any new structure over 1500 sq. ft. in footprint would trigger the ordinance. There are
many other standards which could be established which would either increase the likelihood
that activity would trigger the ordinance, or decrease the likelihood. For instance, to
decrease the likelihood, the 1500 sq. ft. threshold could be increased. The ordinance could
be triggered when a new principal building is construction, or any building over (fill in
the blank) sq. ft. is constructed. Many possibilities exist, and the Commission should
discuss what they believe is preferable. All of this discussion should occur with the
understanding that three watershed districts will also need to approve of the plan.
2) non -conformity status for existing homes which are very close to wetlands. Legal staff was
reluctant to create different non -conformity rules for wetlands than hold for the remaining
regulations of the City. However, they are continuing to look into the issue and will see
what options exist. It should be noted that the ordinance does allow for variances in
situations where an existing parcel would show a hardship
Legal staff will also be providing advise on how best to formalize the buffers as they are
established; whether it is through an easement, an agreement, or some other instrument. This
issue could be seen as more of a legal/policy consideration rather than a pure land planning
consideration. The draft forwarded to the Council will include this information, but the
Commission may add any recommendation on the matter, if they are so inclined.
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
2
CITY OF MEDINA
ORDINANCE NO.
An Ordinance Pertaining to Wetland Protection and Regulations
Amending Section 828.43 of the City Code
The city council of the city of Medina ordains as follows:
SECTION I. Medina Code Section 828.43 is amended by deleting the entire section as follows:
Seetion--8-28A3: Wetlands-Gonservation,
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
partially unless replaced by restoring or creating wetland areas of at least equal public value.
Subd. 4. Local Covcrnment Unit. The city shall be the local government unit for the
purposes of the Act and the Rules.
Sub€1,5,T-e i.nieal-Evaluation-Panel,
(a) A wetlands technical evaluation panel is hereby established. The panel shall be
Resources, and a person appointed by the Hennepin County Conservation District.
1
(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;
and no loss determinations;
(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;
(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
felle.t ing rditions
(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
niblistie . rite ater-.etentielaa ., t rraft f., o ateEY
�
wetland mitigation program; or
2
(iv) the activity is being conducted as part of an approved replacement plan or is
oster-atie,, na the .,,.t;�,;�,�l,,, ing f41 ; tsly
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.
(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
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
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
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
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
3
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
(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
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.
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.
SECTION II. Medina Code Section 828.43 is amended by adding the underlined material as
follows:
Subd. 1. Council Findings and Intent. The Council 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 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 health, safety and general welfare. Regulating
wetlands and the land uses around them is therefore in the public interest.
Subd. 2. General Provisions
(a) Incorporation by Reference. In order to protect wetlands, this Ordinance
incorporates by reference the Minnesota Wetland Conservation Act of 1991
(hereinafter referred to as the WCA) and any future amendments adopted by the
legislature. In the event that any requirements of this section are inconsistent with
the WCA, the provision providing the most wetland protection shall apply.
(b) Local Government Unit. The City shall be the Local Government Unit (LGA) for the
purposes of the WCA.
4
(b) Applicability. This buffer and setback regulations of this section shall apply to any
property containing wetlands in the following circumstances:
(1) New development is proposed. For purposes of this subsection, new
development includes:
(a) Any formal land use application, including but not limited to:
subdivsions, 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.
(2L Land disturbance is proposed in excess of 0.5-acre which is not a result of
(3)
agricultural practice; or
Construction or land alteration activity is proposed that otherwise 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
three conditions exist:
(a) The portion of the property disturbed by construction or land
alteration activity naturally drains to the wetland; and
(b) The amount of grading exceeds 50 cubic yards or the construction
activity involves the disturbance of more than 5,000 square feet of
area; and
(c) Structures and/or proposed impervious surface are within 100 feet
of the wetland boundary as approved by the City.
(c) Wetland Management Classification Map
(1) The City shall maintain the official Wetland Management Classification
(WMCM) which is herby adopted by reference, a copy of which shall be
kept on file in the office of the City Clerk and shall be available for public
review during all normal office hours. The WMCM has the following
classification categories for each wetland: Preserve, Manage 1, Manage 2,
and Manage 3.
(2) If the wetland is classified on the WMCM the applicant must use the
classification as it appears on the WMCM. If the wetland is not shown or
classified on the WMCM the applicant shall be required to submit an
electronic copy of MNRAM Version 3.0 filled out for the wetland on the
property to the City Staff. This MNRAM form will need to be filled out
by a person trained in wetland science. MNRAM must be completed
between April 20 and October 20 and cannot be submitted for review
later then November 1 St. The City under it discretion may require work to
be done be a Certified Wetland Delineator.
(3)
It is the responsibility of the Applicant to determine whether a wetland
exists on a subject property. It is the responsibility of the Applicant to
delineate and document the wetland boundary of wetlands on the subject
property in accordance with WCA requirements ("Wetland Delineation
Report"). The City will require a fee and or escrow from that applicant to
complete the review of the wetland delineation or if appropriate develop a
boundary estimate and determine if the buffer is considered acceptable per
Section 5 of this ordinance.
(4) The wetland delineation shall be conducted according to the 1987 U.S.
Army Corps of Engineers Wetland Delineation Manual (U.S. COE) and
subsequent updates and shall be approved by City Staff. Wetland
delineations must be completed between April 2011 and October 20 and
cannot be submitted for review later then November 11. A wetland
delineation completed outside these dates or submitted later then
November 1 sc will be considered incomplete. The City under it discretion
may require work to be done be a Certified Wetland Delineator.
Subd. 3. Definitions. The following words and terms, wherever they occur in this section,
are defined as follows:
(a) "Applicant" — The person submitting a proposed project that falls under the
requirements of this Code.
(131 "MNRAM" — The Minnesota Routine Assessment Methodology (MNRAM) as
referenced in Minnesota Rules 8420. MNRAM is a field tool used to assess
wetland functions on a qualitative basis. Functions include floral diversity and
integrity; wildlife habitat; water quality protection; flood & stormwater
attenuation; recreation, aesthetics, education & science; fishery habitat; shoreline
protection; groundwater interaction; and commercial uses.
(c) "Non-native Vegetation" - Plant species not indigenous to or naturalized to the
Hennepin County Region of the State of Minnesota or plant species.
(d) "Setback" — The minimum horizontal distance between a structure and the nearest
edge of the Upland Buffer Zone strip.
(e) "Vegetation, Native" - Plant species indigenous to or naturalized to the Hennepin
County Region of the State of Minnesota or plant species classified as native in
the Minnesota Native Plant Database (Minnesota Dept. of Natural Resources,
2002 or as amended). Native vegetation does not include Weeds.
(f) "Weeds" - Weeds are (i) noxious weeds as defined and designated pursuant to the
"Minnesota noxious weed law", Minnesota Statutes, Sections 18.76-18.88, as
(g)
amended from time to time, or (ii) any volunteer plants, such as but not limited to
spotted knapweed (Centaurea maculosa) or burdock (Arctium minus). For the
purposes of this definition, Weeds do not include dandelions or clover. The City
Weed Inspector and/or Assistant City Weed Inspector shall maintain a current list
of volunteer plants that are prohibited.
"Wetland" - Lands 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 definition, wetlands must:
(1) have a predominance of hydric soils;
(2) 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
(3) under normal circumstances support a prevalence of hydrophytic
vegetation.
(h) "Unreasonable Impact on Property" Definition still to be determined
(i)
"Upland Buffer Zone" - An area of vegetated ground cover around the perimeter
of a wetland that, either in its natural condition or through intervention, has the
characteristics of a Buffer as defined in Section 5 of this Ordinance.
Subd. 4. Upland Buffer Zone and Setbacks.
(a) This subsection established requirements of upland buffer zones and setback from
buffers around wetlands. Upland buffers zones around wetlands are necessary
and beneficial to maintain the health of wetlands. They protect the edge of
wetlands from erosion while filtering sediment, chemical and other nutrients from
runoff that drains into wetlands. They provide wildlife habitat and thereby
support the maintenance of diversity of both plant and animal species in the City.
They reduce the human disturbances to wetlands by providing a visual and
physical transition surrounding yards.
(b) The table below provides the upland buffer required for each wetland classification.
The total acres of buffer required should be determined based on the average
width. If approved by the City Staff the buffer width can be adjusted along the
wetland boundary as long as the width does not fall below the minimum and the
average acres requirements are met. The City Staff will take into consideration
guidance as provided in Figure 1.2.
Wetland
Permanent Upland
Minimum
Minimum Building
Buffer Zone Average
Permanent Upland
Setback from Outer
Classification
Width (feet)
Buffer Zone (feet)
Edge of Buffer (feet)
Preserve
50
30
20
Manage 1
35
25
20
Manage 2
25
25
20
Manage 3
20
16
20
(c) All upland buffer areas shall extend from the edge of the delineated wetland or
wetland boundary as approved by the City into the adjacent upland area.
(d) The following alterations to the upland buffer and wetland are not allowed: building,
Having, mowing, introduction of non-native vegetation, cutting filling dumping
yard waste disposal or fertilizer application, and activities not permitted under the
Wetland Conservation Act. However, it is permissible to remove non-native
vegetation (such as european buckthorn, purple loosestrife and reed canary grass)
or dead or diseased trees that pose a hazard.
(e) For roadways, trails, and driveways, or portions there of, that are routed across
wetlands and are subject to WCA replacement requirements, buffers will be
required on the fill slope but fill should not be expanded to accommodate
additional Upland Buffer Zone.
(f) If the area of the buffer has a preconstruction slope that exceeds 12%, the buffer
shall be at the maximum width for the particular wetland classification.
(g)
The City may allow public trails within the upland buffer zone if located outside the
minimum permanent upland buffer zone for the classification of the wetland. The
temporary and permanent trail disturbance must be less then 9 feet in width.
(h) Upland Buffer Zone Flexibility. Where existing structures or surfaces are located
within an area that would be required for the establishment of an upland buffer
zone under this ordinance, alternative methods to replace the loss of the buffer
may be approved by the City Staff to avoid creating unreasonable impacts on the
existing use of a property. Such methods may include but are not limited to
buffer width averaging below the minimum, redirection of drainage to an area
where buffer is feasible while still maintaining the drainage to the wetland, use of
rainwater gardens, vegetated swales or other BMP's for treating runoff.
Subd. 5. Vegetation Performance Standards.
(a) Where acceptable natural vegetation exists in upland buffer zone, the retention of
such vegetation in an undisturbed state is required unless an applicant receives
approval to replace such vegetation. An upland buffer zone is acceptable if it:
(1) is composed of less then 25% weeds (including, but not limited to
common buckthorn, purple loosestrife, leafy spurge and/or noxious weeds
as defined by Minnesota Statutes, Sections 18.76-18.88); and
(2) has less then 5 % exposed soil and the remainder is covered by native
vegetation
(3) does not contain any maintained turf grass.
(b) Where buffer areas or a portion thereof are not considered acceptable or are allowed
to be disturbed as part of the grading, a Upland Buffer Zone landscaping plan
shall be submitted to City Staff for approval. The plan must involve the seeding
and/or planting of a minimum of four (4) species of native grasses and five (5)
species of native forbs and a cover crop. Publications such as the BWSR's
"Guidelines for Restoring and Managing Native Wetland Vegetation" or the
"2000 MNDOT Standard Specification for Construction" are sources for
information on native seeding as well as installation and maintenance
requirements. At a minimum, this plan shall include the following:
(1) A plan sheet that shows the location of the buffers within the property.
This sheet should also show buffers that are considered acceptable in their
current state and identify them as areas that shall not be disturbed during
grading. Silt fence may be required around these areas by the City in
order to protect them from erosion and disturbance.
(2) For buffer areas that are not acceptable, a landscape plan shall be
developed that provides species and planting and/or seeding locations.
(3)
Detailed specifications that describe sequencing, scheduling, materials,
installation and maintenance execution for the seeding or planting of the
upland buffer zone are required to be submitted and approved by the City.
(c) In cases where a buffer is required and is considered unacceptable or is disturbed the
City may require a cash escrow valid for up to 2-years that can be used for
compliance inspections and establishment of native vegetation if not completed
by applicant or deemed unsuccessful. A successful seeding or planting will be
considered having a minimum of one plat per square foot from the specified seed
mix or planting plan and weedy species less then 25% of the area.
(d) The party responsible for the maintenance shall:
(1) Maintain and repair damage to buffer areas from such activities as
mowing cutting grading or other prohibited activities.
(2L Ensure that all soil surfaces in the buffer area are planted with the
permitted native vegetation and that there is less then 5% open soil surface
that may result in erosion.
Subd. 6. Upland Buffer Zone Mitigation.
(a) Where wetland alteration is approved and mitigation is required, mitigation must
result in equal or improved wetland function and value. Mitigation plans must
address water quality improvement and maintenance of preexisting hydrological
balance and wildlife habitat. The wetland function and value will include
improvement of water quality, maintaining hydrological balance, and provision of
wildlife habitat. Mitigation will be performed at ratios required by the Wetland
Conservation Act to achieve replacement of the wetland function and value.
(b) The following criteria shall be required for mitigation of the wetland and/or Upland
Buffer Zone area.
(1) Wetland mitigation shall conform to the requirements of the Wetland
Conservation Act. Buffers will be required to be replaced on the fill slope
and elsewhere along the edge of the existing wetland to meet the require
Upland Buffer Zone area. If a wetland is completely filled under an
approved Wetland Permit, the buffer area requirement associated with the
classification of the wetland that was filled will be required for the
replacement wetlands unless replacement is occurring adjacent to a
wetland with a classification that requires a large buffer. In this case, the
buffer area requirement for the wider Upland Buffer Zone will apply.
(2) Wetland and buffer area plantings that are completed for mitigation shall
(3)
meet the standards for plantings specified in Section 5.
Upland buffer zones can be utilized for wetland mitigation credits if they
meet the requirements of the Wetland Conservation Act.
Subd. 7. Upland Buffer Zone Markers. Applicants shall identify all wetland buffer zones
with physical markers which meet the following standards:
(a) Artwork, sign dimensions requirements, and marker specifications and details shall
be provided by the City; although the Applicant shall be responsible for acquiring
and installing the signage.
(b) Sign shall be placed approximately every 250 feet along the upslope edge of the
Upland Buffer Zone. At least one sign shall be placed on each parcel. Proposed
locations of signs shall be shown on certificate of survey or site plan. In general
the location of signs shall capture the portion of the buffer that extends the
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furthest upslope into the lot. The plan that shows the location of the sign shall be
provided to the City for review and approval.
(c) Artwork and verbiage shall face principal structure.
Subd. 8. Application and Issuance of Permit.
(a) The following is required as part of the submittal for approval.
(1) Grading plan (if grading proposed)
(2) Square footage of proposed structure and impervious surface
(3) Wetland Delineation Report.
(4) Certificate of Survey or Site plan that shows the Upland Buffer Zone and
setback.
(5) Buffer landscaping plan that meets the requirements in Section 5 of this
Ordinance.
(6) Submittals required by the Wetland Conservation Act if wetland impacts
are proposed.
(7) Excecuted permanent flowage and conservation easement and Restriction
and Covenant for the wetland and Upland Buffer Zone to the City of
Medina.
(b) Ordinance compliance may be approved at the staff level. A Wetland Replacement
Plan Application approval shall not be issued without having first been reviewed
and approved by the City Council.
Subd. 9. Variances. A variance from the requirements of this Ordinance may be granted in
accordance with the variance provisions of this chapter, so long as the variances do not
violate the Wetland Conservation Act or its Rules.
Subd. 10. Violations. Violation of the provisions of this Ordinance or failure to comply with
any of its requirements (including violations of conditions and safeguards established in
connection with grants of variances or conditional uses) shall constitute a misdemeanor
and shall be punishable as defined by law.
Subd. 11. Authority/Enforcement Actions. Nothing herein contained shall prevent the City
of Medina from taking such other lawful action as is necessary to prevent or remedy any
violation. Such actions may include but are not limited to:
(a) In responding to a suspected Ordinance violation, the Zoning Administrator and the
City of Medina may utilize the full array of enforcement actions available to it
including but not limited to prosecution and fines, injunctions, after -the -fact
permits, and/or orders for corrective measures to the guilty party.
(b) When an Ordinance violation is either discovered by or brought to the attention of the
Zoning Administrator, the Zoning Administrator shall immediately investigate the
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situation and document the nature and extent of the violation of the official
control.
(c) The Zoning Administrator shall notify the suspected party of the requirements of this
Ordinance and all other official controls and the nature and extent of the
suspected violation of these controls. If the structure and/or use are under
construction or development, the Zoning Administrator may order the
construction or development immediately halted until a proper permit or approval
is granted by the Community. If the construction or development is already
completed, then the Zoning Administrator may either: (1) 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 the official controls; or (2)
notify the responsible party to apply for an after -the -fact permit/development
approval within a specified period of time not to exceed 30-days.
(d) If the responsible party does not appropriately respond to the Zoning Administrator
within the specified period of time, each additional day that lapses shall constitute
an additional violation of this Ordinance and shall be prosecuted accordingly.
The Zoning Administrator shall also upon the lapse of the specified response
period notify the landowner to restore the land to the condition which existed
prior to the violation of this Ordinance.
SECTION III. Medina Code Section 831.05 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 832.05 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).
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.
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SECTION V. Medina Code Section 833.05 is amended by deleting the stricken 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.
SECTION VI. Medina Code Section 835.05 is amended by deleting the stricken 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.
Section VII. 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.
CITY OF MEDINA
T.M. Crosby, Jr., Mayor
ATTEST:
Chad M. Adams, City Administrator -Clerk
Published in the Crow River News this _ day of , 2007.
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