Loading...
HomeMy Public PortalAbout10-2017CITY OF MEDINA 2052 COUNTY ROAD 24 MEDINA, MN 55340 AGENDA MEDINA PLANNING COMMISSION TUESDAY, October 9, 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 September 11, 2007 Planning Commission minutes 6. Ordinance Amendment — Section 826.98 — Pertaining to regulations related to animal -assisted therapy facilities in the Rural Residential (RR) zoning district. Public Hearing 7. Ordinance Amendment — Section 828.43 — Pertaining to regulations related to wetlands. Public Hearing 8. Ordinance Amendment — Section 826.98 — Pertaining to regulations related to cemeteries within the residential zoning districts. Public Hearing 9. Adjourn Posted in City Hall October 5, 2007 Agenda Item: 6 MEMORANDUM TO: Planning Commission FROM: Dusty Finke, Assistant to Planning; through Planning Director Benetti DATE: October 4, 2007 MEETING: October 9, 2007 SUBJ: Animal -Assisted Therapy Amendment Background At its October 2, 2007 meeting, the City Council continued to review the CUP for an AAT facility at 2000 Chestnut Road. The Planning Commission recommended approval of this CUP back in August. During the Council discussion, members expressed interest in raising the minimum allowed property needed in order to operate an AAT facility. The Council directed staff to amend the ordinance so that the minimum area is 75 acres. Ordinance The attached ordinance places a 75-acre minimum on an animal -assisted therapy facility. It does allow adjacent properties under common ownership to be counted towards the requirement (i.e. a person who owns a 40 acre parcel and an 80 acre parcel would be able to apply for a CUP for an AAT facility if both parcels were included). Public Hearing A public hearing was noticed for this ordinance amendment, and ultimately the Planning Commission should make a recommendation to the Council on the ordinance. Attachment Ordinance CITY OF MEDINA ORDINANCE NO. An Ordinance Related to the Regulations Regarding Cemeteries as a Conditional Use in Certain Districts; Amending Section 826.98, Subdivision 2 (d). The city council of the city of Medina ordains as follows: SECTION I. Medina Code Section 826.98 is amended by adding the underlined material as follows: Section 826.98. Conditional Use Permit Standards for Agricultural Preservation and Residential Districts. Subd. 2. Specific Standards. In addition to the general standards specified in section 825.39 of this ordinance, no conditional use permit shall be granted unless the city council determines that all of the specific standards contained in this subdivision will be met: (d) cemeteries: (i) minimum maximum lot area of ten acres; (ii) located with direct access to a collector or arterial roadway as identified in the comprehensive plan; (iii) all roadways within the cemetery must be paved and 20 feet wide unless the city determines that a wider road is necessary for public safety; (iv) direct views from all adjoining residential parcels must be screened by appropriate means; (v) all burial sites must be set back the greatest of the following distances from all property lines: (1) A distance equal to the structure setbacks within the zoning district; or (2) Twenty (20) feet. (v) buildings, parking areas, mausoleums, columbariums and upright grave markers that exceed 24 inches in height must be set back a minimum of 50 feet from all property lines; (vi) all improvements, including grave sites, must be set back a minimum of 50 feet from all wetlands; (vii) established and operated in compliance with the requirements of Minnesota Statutes, Chapters 306 or 307, as amended; (viii) sufficient maintenance and perpetual care funds as required by Minnesota Statutes Chapters 306 or 307 shall be established; (ix) an underground sprinkler system that has the capability to water all vegetation within the cemetery shall be required; (x) monuments or markers within a cemetery shall be placed as shown on the cemetery's master plan or as directed by the city; (xi) mausoleums shall not exceed 30 feet in height and monuments shall not exceed 10 feet in height, with height measured as it is for buildings; (xii) monuments and markers shall be constructed of natural stone, but no monument or marker shall be constructed of limestone, sandstone or any other type of stone that will not maintain relative permanency; (xiii) monuments and markers shall be structurally sound and be placed upon foundations of solid masonry at a depth and size so as to assure no settling or movement of the marker or monument; (xiv) concrete aprons at least four inches in width that are level with the ground shall be placed around monuments and be affixed to them so as to prevent grass, weeds or other vegetation from growing in between the monuments and aprons; (xv) a site plan acceptable to the city council must be submitted and reviewed under the city's site plan ordinance; (xvi) a master plan for the build -out of the property which includes the number and location of all burial lots; the phasing of selling/filling the burial lots; the assigned numbers for the burial lots; descriptions and locations of any other improvements to be located on the property; and a description of the cemetery's records retention system must be submitted and approved by the city council; (xvii)ground water tests shall be performed prior to city council approval in order to determine high water tables and any springs located on the site; (xviii) the city council may require a transportation plan that includes traffic management for burials, funerals and burial site visits; (xix) the city council may require an environmental assessment of the proposed use; (xx) in addition to the requirements set forth in this provision, the city council may require compliance with any other conditions, restrictions or limitations regarding the type, location, size, material, number, the manner of placement and installation, and removal of monuments, markers, mausoleums, columbariums and plantings that are permitted within the cemetery it deems to be reasonably necessary to protect the residential character of the neighborhood. (xxi) the city council may require compliance with any other conditions, restrictions or limitations it deems to be reasonably necessary to protect the residential character of the neighborhood. 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 day of , 2007. T.M. Crosby, Jr., Mayor ATTEST: Chad M. Adams, City Administrator -Clerk Published in the Crow River News this day of , 2007. Agenda Item: 8 MEMORANDUM TO: Planning Commission FROM: Dusty Finke, Assistant to Planning; through Planning Director Benetti DATE: October 4, 2007 MEETING: October 9, 2007 Planning Commission SUBJ: Cemetery Ordinance Amendment Background As part of its goal -setting and work prioritization at the beginning of the year, the City Council wished to consider any potential changes to the Cemetery Ordinance during the 4th quarter of 2007. As such, staff has prepared an ordinance that amends some of the regulations regarding cemeteries. Some of the changes were, admittedly, influenced by the discussion about a potential cemetery that occurred at the end of last year. This is the case only because it raised concerns that would be applicable more widely, no matter when and where an application for a cemetery may arise. The Planning Commission should limit the discussion and consideration of this ordinance amendment from a broad, City-wide, land use perspective. Changes in the Draft Ordinance Staff noted a few primary concerns from the discussions of last year. One concern was the large scale of cemeteries that would be allowed under the ordinance. The current ordinance requires at least 10 acres for a cemetery. As such, the ordinance only allows fairly large cemeteries. From the discussions last year, it did not appear that large cemeteries were preferable. In order to approach this issue, the draft ordinance places a maximum lot size regulation of 10 acres. In theory, a cemetery which is smaller in scale will likely have fewer activities. If this were the case, it would likely also reduce the impact on traffic, which was another concern brought up often during last year's discussions. The existing cemeteries in the City would abide by this 10 acre maximum, and allows for the potential of future expansions to these uses. Cemetery Size Zoning District St. Peter and Paul 8.5 acres Rural Residential Holy Name 4.71 acres Suburban Residential St. Anne's 3.15 acres (Church/Cemetery) Uptown Hamel German Liberal .98 acre Rural Residential The draft ordinance also includes a setback for burial sites. The current ordinance requires a 50- foot setback for grave markers taller than 2 feet in height, but does not include a setback for burial plots which may have a flush headstone. The draft states that the minimum setback would be 20 feet for burial sites. However, the burial sites would need to abide by the structure setbacks of the zoning district if the setback exceeds 20 ft. Other Discussion Points from Last Year Another common theme from the discussion last year was the districts in which a cemetery would be a conditional use. Currently cemeteries are conditional uses within all residential zoning districts. Some Commissioners and Councilmembers stated that they thought that commercial districts made more sense. The current (and draft) ordinance requires that any cemetery be located off of an arterial or collector. Since the existing cemeteries are located within residential districts, and to avoid adding nonconforming status to the existing cemeteries, staff suggests leaving cemeteries as a conditional use in the residential districts. When the Comprehensive Plan is completed, and when the City is updating the ordinances for the residential districts, it would be worth discussing if cemeteries are a use we would like to restrict within areas where denser development is expected. As it stands, the attached draft ordinance does not propose any changes to which districts a cemetery may be located. Commissioners and Councilmembers also discussed a distinction between traditional non-profit cemeteries and for -profit cemeteries. Legal staff has stated that the distinction is not strong from a land use perspective. As such, no additional information was added to the draft ordinance on this matter. Staff Recommendations Staff recommends approval of the ordinance. It approaches what seemed like the major concerns when cemeteries were being discussed a year ago: size and proximity. If the Commission has additional suggestions, staff is ready to conduct additional research or make changes. Attachment Ordinance 2 Memorandum Bonestroo To: Planning Commission Project: Medina Wetland Ordinance From: John Smyth, CWD Client: City or Orono Date: 10/4/20 07 Re: Summary and Discussion - Wetland Ordinance File No: 139-07000-1 Remarks: Background Currently under Minnesota law, wetlands are regulated by the Wetland Conservation Act (WCA). These rules have moved the State forward since 1991 in protecting wetlands from impacts such as filling and draining that can convert wetland to upland. The purpose of WCA is to achieve no net loss of wetland in the state. This rule is not set up to protect the quality or functions of wetlands but is rather to protect the wetland from being lost. Without additional protection wetlands can become degraded and have reduced wildlife habitat, aesthetic, and recreational benefits. In order to preserve the quality and functions wetlands provide wetlands need to be protected from storm water and adjacent land -uses. Storm water protection of wetlands will be part of the City's Surface Water Management Plan. Protection from adjacent land -use is provided in the proposed wetland ordinance. The most affective way of protecting and preserving wetland functions and values from adjacent land uses is upland buffers and setbacks. Upland buffers are upland areas that surround wetlands that contain native vegetation and are not mowed or disturbed. Upland buffers provide a variety of benefits including water quality protection, erosion control, nutrient removal, infiltration, wildlife habitat, the creation of open space and preservation of rural character. Structural setbacks are from upland buffers in order to provide a property owner adequate lawn space and to protect the buffers from disturbance . Literature Review on Upland Buffer Zones and Sampling of City Buffer Requirements In 1997 the State of Minnesota Storm Water Advisory Group prepared a report on Buffer Zones. Their review of scientific literature on upland buffers suggest the following minimum buffer width for protecting wetlands functions. 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com Buffer Function Recommended Minimum Buffer Width Special considerations Filtering nutrients 25 feet or more Depends on vegetation, slope, density of vegetation, and type of adjacent land -use and quality of receiving water or wetland Protection from human encroachment 50 to 150 feet or more Bird habitat preservation 50 feet or more Depends on species and type of use Protection of threatened, rare or endangered species 100 feet or more Depends on species and type of use Samulinof City Buffer Requirements City Preserve Manage 1 Manage 2 Manage 3 Plymouth 90 65 45 30 Eden Prairie 50 50 25 25 Maple Grove* 40 10 10 10 Orono 50 35 25 15 Wayzata 35 25 20 16.5 Delano* 45 25 25 16 * Categories are named differently, but placed into the naming convention shown here fore ease in comparison. Current Upland Buffers Requirements in the City of Medina Medina currently has three different watershed organizations that have different triggers for requiring the implementation of upland buffers and have different buffer width requirements. Below is a summary of the watershed requirements: Minnehaha Creek Watershed District: Currently if a resident of Medina is in the MCWD and has a proposed project that disturbs more then 5,000 square feet or 50 cy of material they are subject to the MCWD wetland ordinance if the subject property contains a wetland or wetlands. The MCWD wetland ordinance currently requires upland buffers for projects based on wetland size, not wetland quality and functions. The MCWD plans to change these requirements thought their Watershed Management Plan update and rule Page 2of6 process in the next 1 — 2 years to base their buffer widths on wetland functions. The current MCWD requirements are provide on the following page: Wetland Size 0 — 1 acres 1 — 2.5 acres 2.5 — 5 acres > 5 acres Buffer Width 16.5 feet 20 feet 25 feet 35 feet Pioneer -Sarah Creek Watershed Management Commission: Currently if a resident of Medina is in the PSCWMC they are required to have a 20 foot buffer around any wetland upon development or redevelopment. Elm Creek Watershed Management Commission: The ECWMC requires a 50 foot buffer adjacent to Elm Creek and requires member cities to develop their own wetland buffer policies. Wetland Ordinance History Summary A wetland ordinance was presented to the Medina Planning Commission in 2005. The first draft included setting up upland buffer standards based on the size of the wetlands. The second draft of the wetland ordinance was changed to have the upland buffers based on the quality of the wetland and proposed to have every wetland put into four different classifications: Preserve, Manage 1, Manage 2 and Manage 3. Classification methodology is summarized in the next section. In 2005 there was approximately 1/3 (Minnehaha Creek Watershed District Portion) of the City that had wetlands assessed and classified into the four management categories. At the time it was decided that the ordinance should be put on hold until the remainder of the wetlands could be assessed and classified. The assessment and classification of wetlands was finalized this year. Wetland Classification Summary Each wetland in Medina has a ranking of exceptional, high, medium or low for the following functions: vegetative diversity, wildlife habitat, fishery habitat, shoreline protection, aesthetics, sensitivity to stormwater, water quality, and hydrologic regime. The wetland management classification system used was based on guidance provided by the Board of Water and Soil Resources (BWSR). Wetlands have been put into four management classifications called Preserves, Manage 1, Manage 2, and Manage 3. In general wetlands under the Preserve classification have at least one of its functions that is ranked exceptional. Wetlands under the Manage 1 classification have at least one of its functions that is ranked high. Wetlands under the Manage 2 classification have at least one of its functions that is ranked medium and wetlands under the Manage 3 classification are wetlands that did not meet any of the conditions of the other classifications. Page 3 of 6 Overall the City contains approximately 5,074 acres of wetlands. Of this amount 3,430 acres are Preserve wetlands, 1,014 acres are Manage 1 wetlands, 566 acres are Manage 2 wetlands and 64 acres are Manage 3 wetlands. Medina Wetland Ordinance The Cities Wetland Ordinance must be approved by the watersheds in order for the City of Medina to handle all aspects of wetland protection. Once the City of Medina ordinance and Storm water management plan is completed and approved it is possible for residents to have a one stop shop for all approvals and there will no longer be a need to go to the watershed for approvals. In general the watershed organization and districts will be looking for the City to be at least as restrictive as their current codes. Wetland Buffer Proposed in Medina Ordinance: Wetland Classification Permanent Minimum Minimum Upland Buffer Zone Average Width (feet) Permanent Upland Buffer Zone (feet) Building Setback from Outer Edge of Buffer (feet) Preserve 50 30 20 Manage 1 35 25 20 Manage 2 25 20 20 Manage 3 20 16 20 Wetland Ordinance Triggers: The Wetland Ordinance and associated Upland Buffers and Setbacks are not enforced until a resident proposes a project. Currently the Triggers for the Watersheds are as follows: Minnehaha Creek Watershed District: If the project has grading exceeding 50 cubic yards or the construction activity involves the disturbance of more than 5,000 square feet of area the applicant is subject to the watershed wetland code which includes upland buffers. Pioneer -Sarah Creek Watershed Management Commission: The PSCWMC requires upland buffers around any wetlands upon development or redevelopment. Page 4of6 Proposed Medina Wetland Ordinance Triggers The proposed wetland ordinance will apply to all lands containing wetlands if the proposed project meets criteria 1, 2, or 3 as listed below. (1) When new development occurs. For purposes of this subsection, new development means: (a) Any subdivision that creates a new lot; or (b) construction of a structure greater than 1000 square feet that is on a permanent foundation on a parcel of land; (2) When 0.5 -acre of land disturbance occurs that is not a result of agricultural practice (3) When any construction or land alteration activity that does not fall within the meaning of new development' 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. Medina Ordinance Approach: The Medina Ordinance approach is similar to Orono. The City of Orono has similar land -use and is in the Minnehaha Creek Watershed District. The Wetland Ordinance for Orono has been approved by the watershed district and been implemented for 2 years. The approach taken is to have wider buffers and include setback from buffers to provide adequate protection to the City's wetlands, however the ordinance triggers are set-up in order to capture proposed projects that may have an adverse impact on a wetland. As a result projects that are not considered new development must meet more then just grading that exceeds 50 cubic yards or construction activity that involves more than 5,000 square feet of disturbance in order for Page 5 of 6 the Wetland Ordinance to be enforced. This approach will eliminate the use of this code when an existing property owner is proposing a smaller project such as a shed or small home addition that does not dramatically change the current land -use and as a result would not require additional protection for wetlands outside the state rules. Page 6 of 6 CITY OF MEDINA ORDINANCE NO. 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 material as follows: Section 826.98. Conditional Use Permit Standards for Agricultural Preservation and Residential Districts. Subd. 2. Specific Standards. In addition to the general standards specified in section 825.39 of this ordinance, no conditional use permit shall be granted unless the city council determines that all of the specific standards contained in this subdivision will be met: (o) animal -assisted therapy (i) minimum lot size is 75 acres. For the purposes of this clause, adjacent parcels under common ownership may be considered, but all parcels must be subject to the terms and conditions of the conditional use permit; (ii) if not located with direct access to a collector or arterial roadway, the city council may apply conditions it deems to be 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, as well as limitations for hours of operation; (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; (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 day of , 2007. T.M. Crosby, Jr., Mayor ATTEST: Chad M. Adams, City Administrator -Clerk Published in the Crow River News this day of , 2007. 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 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) native grasses and five (5) 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: 10 (a) The marker shall consist of a post, installed to a height of four feet above grade and set at least 42 inches into the ground. Sign shall be bolted or screwed to the post. (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 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 living (structure). (d) Artwork and sign dimensions shall be provided by the City; although the Applicant shall be responsible for acquiring and installing the signage. 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. 11 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 permit 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 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. 12 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. 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 13 ATTEST: Chad M. Adams, City Administrator -Clerk Published in the Crow River News this _ day of , 2007. Agenda Item: 3 PC Update (courtesy of Councilmember Weir): At the September 18 and October 2 meetings, the Council: Voted not to recommend a name change for Holy Name Lake to Hennepin County; Accepted the resignation of Mark Bryant form the Planning Commission with regret and agreed to advertise for a new commissioner before the end of the year; Approved site plan and final plat approvals for Hamel Station. At present it is uncertain whether a coffee shop will become a tenant. Thanked all donors to the very successful Medina Celebration Day event; Granted preliminary plat approval for the Moen/Leuer subdivision on Navaho, and agreed not to take an easement for a connecting road to the north, if the roads were private. To accommodate the resulting cul-de-sac that is longer than the required 750', a variance was granted; Held two extra public hearings for the animal assisted therapy facility on the Turnquist property on Chestnut Road to listen to residents' concerns. On a split vote, a tightened CUP directed staff to prepare a resolution approving the use for up to two years. On a second split vote, the Animal Assisted Therapy ordinance was sent back to the Planning Commission to be amended; Considered the financial ramifications of a turn -back of County Roads, Hamel, a section of Pinto to Highway 55, Parkview and Homestead, and passed a resolution to continue the process with Hennepin County, without committing to taking back all the named roads. Heard a report from staff on the three safest options for a potential pedestrian crosswalk from the east side of Highway 101 to the Target site. Staff will work with Hennepin County. Approved a proposed tax levy for next year of $2,897,197, and a general fund budget of $4,620,305. Historically the City's tax levy has been either the lowest or second lowest in the western metro. Looking ahead, the City has two large expenditures that it must meet. The first is City roads that were paved in the 1980s and the costs were assessed to residents living on the roads. Now those roads are due for maintenance overlays, a cost which cannot be assessed. The City is also mandated to clean up polluted water bodies, like Lake Independence, under a Total Management of Daily Load of incoming pollutants. This is an unfunded mandate and will be a large expense. The Council decided that rather than hold the levy low at a 15 to 16 percent increase, and then to have it spike dramatically to meet these costs in future years, it is better management to bump the levy to a 20 percent increase and to hold it steady at around 20 percent to meet these incoming costs. A 20 percent increase still places Medina in the lower half of western metro cities tax levy rates.