HomeMy Public PortalAbout01-2008CITY OF MEDINA
2052 COUNTY ROAD 24
MEDINA, MN 55340
AGENDA
MEDINA PLANNING COMMISSION
TUESDAY, January 8, 2008
7:00 P.M.
MEDINA CITY HALL
1. Call to Order
2. Nominations and Elections for Chair and Vice -Chair for 2008
3. Public Comments on items not on the agenda
4. Update from City Council proceedings
5. Planning Department Report
6. Approval of December 11, 2007 Planning Commission minutes
7. Ordinance Amendment — Section 828.43 — Pertaining to regulations related to
wetlands. Continued Public Hearing
8. Ordinance Amendment — Section 826.21 and 826.98 — Removing Animal -
Assisted Therapy as a Conditional Use in the Rural Residential (RR) zoning
district. Public Hearing
9. Review and Approval of the Revised Planning Commission Training and
Orientation Manual and related Operational Procedures document.
10. City Council Meeting Representation Schedule
11. Adjourn
Posted in City Hall January 4, 2008
1.40 Organizational Chart
(Police Sergeant
Planning ` Park Commission
Commission ,,
Ad Hoc 1
Committees J
Cy Administrator
I
Police Chief / Finance Director
City Prosecutor
Community
Service Officers
Police Reserves
Office
Receptionist
r
City Engineer
City Attorney
Building Official/
Fire Marshal
Assessor
Other Contracted Services
Revised January 2, 2008
EXHIBIT - A
CITY OF MEDINA
ORDINANCE NO.
An Ordinance Removing Animal -Assisted Therapy as a
Conditional Use in the Rural Residential zoning district;
Amending Sections 826.21 and 825.07; Amending Section 826.98, Subdivision 2.
The city council of the city of Medina ordains as follows:
SECTION I. Medina Code Section 826.21 is amended by deleting the stricken material as
follows:
Section 826.21. (RR) Conditional Uses. Within the Rural Residential District, no structure or land
shall be used for the following uses except by conditional use permit:
Subd. 1. Local government buildings.
Subd. 2. Churches and other places of worship.
Subd. 3. Home occupations in compliance with the conditions of Section 826.98, Subd. 2 (c)
of this ordinance.
Subd.4. Cemeteries.
Subd. 5. Outdoor recreational facilities, including non-commercial parks, golf courses, and
driving ranges.
Subd. 6. Private use of windmills or wind energy conservation systems (WECS).
Subd. 7. Solar equipment.
Subd. 8. Public, private or charter schools having a course of instruction approved by the
Minnesota department of education for students enrolled in preschool through grade 12 or
any portion thereof, provided the school must be served by sanitary sewer or meet the
requirements of Section 826.51, Subd. 3 of this ordinance.
Subd. 9. On parcels of 40 acres or larger, a second principal residential dwelling structure.
Subd.10. Animal Assisted Therapy as regulated by Section 826.98, subd 2 (o) of this
ordinance.
SECTION II. Medina Code Section 825.07 is amended by deleting the stricken material as
follows:
Section 825.07. Definitions. The following words and terms shall have the means ascribed to
them:
Subd. 106.1. Therapy, Animal Assisted (or "AAT") A use of land and associated structures
for the delivery of therapy intended to improve human physical, social, emotional, and/or
a^�stic animals that meet specific criteria are an integral part
of the treatment process. AAT is goal directed and is delivered by a health/human service
professional with specialized expertise. AAT may be provided in a group or individual
setting.
SECTION III. Medina Code Section 826.98 is amended by eliminating the stricken material, as
follows:
Section 826.98. Conditional Use Permit Standards for Agricultural Preservation and
Residential Districts.
Subd. 2. Specific Standards. In addition to the general standards specified in section 825.39
of this ordinance, no conditional use permit shall be granted unless the city council
determines that all of the specific standards contained in this subdivision will be met:
(o) animal assisted therapy
(i)
minimum lot size is 75 acres. For the purposes of this section, adjacent
parcels under common ownership may be considered as a single parcel in
order to meet this requirement, but all parcels to be considered must be
subject to the terms and conditions of the conditional use permit;
(ii) if not located with direct access to a collector or arterial roadway, the city
council may apply conditions it deems to be 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
,-long 4- 4e mot 1..,,.k t io st cn f et f l r
(vi) adequate indoor sanitary facilities must be provided for staff and clients;
(vii) manure must be handled and disposed of by means approved by the City and
the Minnesota Pollution Control Agency;
(ix) exterior lighting must be designed and installed so that the light source is
recessed and enclosed on all sides except the bottom so that no light is cast
directly or indirectly on any other property and so that the light source
00
(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
the conditional use permit and to avoid adverse impact on neighboring
properties.
Section IV. This ordinance shall take effect upon its adoption by the city council and
publication in the city's official newspaper.
Adopted by the Medina city council on the day of , 2007.
T.M. Crosby, Jr., Mayor
ATTEST:
Chad M. Adams, City Administrator -Clerk
Published in the Crow River News this day of , 2007.
Agenda Item: 8
MEMORANDUM
TO: City of Medina Planning Commission
FROM: Tim Benetti, Planning Director
MEETING: December 11, 2007
SUBJ: Ordinance Removing Animal -Assisted Therapy as a Conditional Use in the
Rural Residential Zoning District
Introduction
The Planning Commission may recall at the previous October 9th regular meeting, you
recommended approval of an amendment to the original Animal Assisted Therapy Ordinance.
This amendment raised the minimum amount of property needed to operate an AAT facility on a
site, from 15 acres to 75 acres. This amended ordinance (No. 431) was eventually adopted by
the City Council the October 16th regular meeting.
The Council subsequently directed staff and MnLINC (the CUP applicants) to apply for an
interim use permit for the proposed AAT use, which was granted at the November 20th regular
meeting. Upon approval of this IUP, a follow-up motion was made by the Council requesting
the Planning Commission to consider the elimination of AAT as a conditional use in the Rural
Residential Zoning District.
Public Hearing
A public hearing was noticed for this ordinance amendment, and ultimately the Planning
Commission should make a recommendation to the Council on the ordinance.
Planning Staff Recommendation
Planning staff recommends the Planning Commission discuss and act on the directive made by
the City Council to amend Zoning Code Sections 826.21 and 825.07; and Section 826.98,
Subdivision 2, which essentially removes all language related to the Animal Assisted Therapy
use. The Commission may elect to make the following recommendation once you have opened
and closed the public hearing:
1) The Planning Commission recommends the City Council adopt the draft ordinance
amending Zoning Code Sections 826.21 and 825.07; and Section 826.98, Subdivision 2,
as shown on the attached document (included herein); or
2) The Planning Commission may recommend the City Council only modify certain or
specific regulations (i.e. "Must be located off of a collector or arterial roadway... ")
within Zoning Code Section 826.98, Subdivision 2; and clearly indicate which sections or
language you with to modify or retain for the City; or
3) The Planning Commission may recommend the City Council make no changes to the
Zoning Ordinance as is relates to Animal Assisted Therapy facilities; or
4) The Planning Commission may elect to table this matter and direct city staff to research
and provide an updated analysis and report back to the Planning Commission at the next
regular scheduled meeting.
Agenda Item: 10
MEMORANDUM
TO: Planning Commission
FROM: Dusty Finke, Assistant to Planning; through Planning Director Benetti
DATE: January 3, 2008
MEETING: January 8, 2008 Planning Commission
SUBJ: 2008 City Council Representation
The City Council prefers to have a Planning Commissioner available to give updates at each of
their meetings. Please bring your calendar so that we can plan who will represent the
Commission at each meeting during the first half of the year. Below are the meeting dates.
Meeting Date
Primary Representative
Alternate Representative
January 15, 2008
(Wed.) February 6, 2008
February 19, 2008
March 4, 2008
March 18, 2008
April 1, 2008
April 15, 2008
May 6, 2008
May 20, 2008
June 3, 2008
June 17, 2008
Memorandum Bonestroo
To: Planning Commission Project: Medina Wetland
Ordinance
2335 Highway 36 W
Date: 1/2/08 St. Paul, MN 55113
From: John Smyth, CWD Client: City of Medina
Re: Summary and Discussion - Wetland Ordinance File No: 190-07000-1
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
suggests the following minimum buffer width for protecting wetlands
functions.
Tel 651-636-4600
Fax 651-636-1311
www.bonestroo.com
Buffer Function
Recommended
Minimum Buffer
Special considerations
Width
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
Sampling of Citv Buffer Reauirements
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 cubic yards of material they are subject to the MCWD wetland rules
if the subject property contains a wetland or wetlands. The MCWD wetland
rules currently require 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 process in the next
Page 2 of 6
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 in 2007.
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 Minnesota 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 are ranked exceptional. Wetlands under the Manage 1
classification have at least one of its functions that are 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 rules.
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 4 of 6
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 any new development activity occurs on the
property. For purposes of this section, "new
development activity" means:
(a) Any land use application submitted to the city,
including but not limited to: subdivisions, minor
subdivisions, site plan reviews, rezonings, or
conditional use permits; or
(b) construction of a structure having a footprint
greater than 1500 square feet that is on a
permanent foundation.
(2) A soil disturbance greater than one half of an acre,
regardless of whether the grading is associated with a
land use application, a building permit or reconstruction.
Soil disturbance involved with agricultural activities,
shall be excluded; or
(3)
When any construction or land alteration activity that
does not fall within any of the above categories, but the
city has determined has the potential to adversely impact
a Wetland. For purposed 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; and
(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 of area; and
(c) The proposed structures or proposed impervious
surfaces are within 100 feet of the Wetland.
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
Page 5 of 6
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
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
EXHIBIT - C
CITY OF MEDINA
PLANNING COMMISSION
OPERATIONAL PROCEDURES
ARTICLE I. General
The Medina Planning Commission was established under City code 825.33 and
Minnesota annotated Section 462-354 Subdiv 1(2). The Planning Commission shall have
the powers and duties conferred upon it by statute, charter, ordinance or resolution.
ARTICLE II. Purpose
The general purpose of the Planning Commission is for the seven (7) member body to act
in an advisory capacity to the Medina City Council on issues related to the
comprehensive planning of land use and development, platting, rezoning and special use
applications, plan approval, variances and appeals. The Planning Commission shall also
review such additional matters as may be requested by the City Council. All matters
shall be reviewed using applicable statutes, data and criteria relevant to the decisions of
the commission
ARTICLE III. Meetings
Section 1— Scheduled and Time: Regular meetings of the Planning Commission
are open to the public and shall be held on the second Tuesday of each month unless
there is no business to conduct. Meetings convene at 7:00 p.m. and conclude no later
than 10:00 p.m. unless a majority of members vote to continue the meeting. Any items
not covered by the close of the meeting will automatically be continued to the next
Planning Commission meeting. Additional meetings may be called with the approval of
staff and City Council.
Section 2 — Attendance: Each member of the planning commission is expected to
attend the monthly meetings. If a member is unable to attend a meeting, he or she must
notify the Planning Commission Chair and/or the City Planning Director. In a case of
recurring absences, the Chair will address the issue with the member and if appropriate
with the city council.
Section 3 - Absences: A Planning Commission member shall notify the Planning
Director or the Planning Commission Chair if such member is unable to attend a meeting
as soon as practicable.
Section 4 - Notices: All meeting notices shall be filed with the city clerk and
posted in the official newspaper, on the City website at www.ci.medina.mn.us and at City
Hall at least 3 calendar days in advance of the meeting.
Planning Commission Operational Procedures -2008
1
Section 5 - Compliance with open -meeting laws: The Medina Planning
Commission is appointed by the City Council and shall be subject to the open —meeting
laws. A majority of the members of the Planning Commission can not meet together,
unless the meeting has been officially posted.
Section 6 - Agendas and meetings:
A. Agendas shall be sent to the Commission members at least 4 days
in advance of the meeting.
B. The Commission may consider adding items to the agenda, but
without three calendar days prior posting such items may only be
discussion items.
C. At meetings the Chairperson will ask staff to present the first item
on the agenda, invite the applicant to speak briefly and then open
the public hearing.
Section 7 - Protocol for Public Hearings: The Chairperson shall:
1. require members of the public to state their name and address
before speaking, and encourage speakers to be focused in their
comments, not to repeat what has already been stated and to limit
comments to no more then three minutes, so that everyone who
wishes to speak may do so;
2. control public comment by requiring statements to be addressed to
the Commission, not to other members of the audience; and
3. close the public hearing when all public comments have been
heard.
Section 8 - Minutes: Typewritten approved minutes and recommendations to the
Council shall be recorded and made available to the public on the City's website. The
previous meeting's minutes will be reviewed and corrected at each regular Planning
Commission meeting. A record shall be kept of the Planning Commission proceedings,
including minutes of its meetings and a record of all votes. Such records shall be
available to the public during regular city hall business hours.
ARTICLE IV. Study Groups and Task Forces
Section 1. The City Council may appoint Planning Commission members and
others to serve on study groups or task forces.
Section 2. Any recommendations or reports developed by such a committee that
relate to local planning matters shall be brought before the full Planning Commission for
action.
Planning Commission Operational Procedures -2008
2
ARTICLE V. Procedures
Section 1. A majority of the members shall constitute a quorum to transact
business, but less than a quorum may adjourn a meeting. Each member shall be entitled
to one vote. All matters shall be approved by a simple majority, provided a quorum is
present.
Section 2. A planning commission member shall have a conflict of interest if the
matter at hand would directly or indirectly materially affect his or her personal interest.
Any member with a conflict of interest shall notify the chairperson, leave the table and
abstain from the decision making process.
Section 3. A vacancy shall occur upon resignation of a member. The chairperson
shall notify the City Council and request that the vacancy be filled.
Section 4. A Planning Commission member may be removed by a vote of two-
thirds of the full City Council.
ARTICLE VI. Officers
Officers of the commission shall consist of the chairperson and vice chairperson. The
officers shall be elected for a one year period at the first meeting in January of each year.
If there is no quorum present, the election shall be held at the next regular meeting.
ARTICLE VII. Duties of the Officers
A. The Chairperson shall:
1) Work with the city staff to schedule the work flow of the Planning
Commission;
2) preside at all meetings of the Commission
3) preserve order and decorum and shall decide questions of order
4) consult with Council and staff to call special meetings and state the purpose of
the special meeting
5) request the Council representative to the Planning Commission to give a
report on recent Council actions; and
6) be responsible for identifying and resolving performance issues with Planning
Commission members and with the City Council if appropriate.
B. The Vice -Chair shall:
1) preside at all meetings in the absence of the chair; and
2) draw up an order of Planning Commission member representation to attend
City Council Meetings.
C. If both the chairperson and vice -chair person are absent, commission members
shall designate on of their members to act as chairperson.
Planning Commission Operational Procedures -2008
3
ARTICLE VIII. Terms of Office
Members of the commission shall be appointed by the Council. The term of office shall
be staggered three (3) year terms, except that any person appointed to fill a vacancy,
occurring prior to the expiration of a full term, shall be appointed for the remainder of
that term. Upon expiration of a term of office, a member shall continue to serve until a
successor is appointed. Planning Commission members may serve up to three (3)
consecutive terms, before rotating off the Commission for one (1) year.
ARTICLE IX. Qualifications of Membership
Planning Commissioners shall be persons who have resided in the City for at least 3 years
immediately preceding appointment. Regard to geographical distribution within the city
and background experience shall be given by the Mayor and City Council when
appointing Commission members.
ARTICLE X. Comprehensive Planning
The Metropolitan Council requires cities within the seven -county metro area to update
their Comprehensive Plan every ten (10) years. The Council will appoint a member of
the Planning Commission to act as the Comprehensive Plan Task Force chairperson, who
will preside over a Council -appointed task force, consisting of Council, Planning and
Park Commission members, citizen representatives, staff and possibly a consultant. This
body will make Comprehensive Plan update recommendations to the Council. Any
Comprehensive Plan amendments that are proposed in intervening years will come before
the Planning Commission. If the Planning Commission perceives a need for amendments
to the Comprehensive Plan, the chair person will present the need to the Council.
ARTICLE XI. Orientation of New Members
To assist new planning commission members in learning their responsibilities and to
develop their understanding as quickly as possible they will be required to:
1. Attend an orientation session;
2. Read and absorb the City's Comprehensive Plan, become familiar with looking up
ordinance in the City Code book, familiarize themselves with Planning
Commission operational procedures and orientation manual.
ARTICLE XII. Amendments
The Planning Commission Operational Procedures may be reviewed and revised as
necessary.
ARTICLE XIII. Conflict with the City Ordinance
In case of conflict these operational procedures and Section 825.33 of the City Code, the
provisions of the City Code shall govern.
Planning Commission Operational Procedures -2008
4
EXHIBIT -B
Section 825.33. Planning Commission.
Subd. 1. Establishment. A planning commission of seven members is established and
shall constitute the planning agency of the city. Members of the planning commission
shall be persons who have resided in the city for at least three years immediately
preceding appointment. Members shall be appointed by the city council, shall serve
staggered terms of three years and may be removed by a vote of two-thirds of the full city
council. Terms shall begin January 1. No person shall serve more than nine consecutive
years on the planning commission. Any person who has served nine consecutive years
may be appointed again after an interruption in service of at least one year.
Subd. 2. Powers and Duties. The planning commission shall have such powers and
duties as may be conferred upon it by statute or ordinance All of the planning
commission's actions shall be advisory to the city council.
Subd. 3.Organization. The planning commission may elect from among its members
such officers as it may deem appropriate. The planning commission may adopt bylaws or
operational procedures for the conduct of its business. The bylaws or operational
procedures may pertain to such matters as the planning commission deems appropriate
but shall not be in conflict with any ordinance or statute.
Subd. 4. Staff Liaison. The zoning administrator or such other person as may be
designated by the city administrator shall serve as staff liaison to the planning
commission. The staff liaison shall prepare reports and information for the planning
commission, and may attend its meetings and participate in hearings and discussions held
by the commission but shall not vote on any item before the planning commission.
Subd. 5. Recommendations. The planning commission shall make recommendations to
the city council on items before it within a reasonable time or such time as is prescribed
by statute or ordinance. Failure by the planning commission to make a recommendation
within the required period shall be deemed to be a denial unless the delay is agreed to by
the applicant. The planning commission may condition its recommendations in order to
effect the intent of the land use controls of the city. The planning commission shall
accompany any recommendation of denial of an application with a statement of its
findings regarding the matter.
Subd. 6. Council Action. The city council may adopt, modify or reject the
recommendations of the planning commission by vote of a simple majority of those
present, unless otherwise required by statute or ordinance.
Planning Commission Training
and
Orientation Manual
January 2008
Planning Commission Training Manual
Table of Contents
Page:
I. Organizational Structure of the City of Medina 3
Organizational Chart (see Exhibit A)
A. City Council 3
B. Ad Hoc Committees 3
C. Planning Commission 4
D. Park Commission 4
E. Administration 4
F. Planning & Zoning 5
G. Public Safety 6
H. Public Works 7
II. Structure and Function of the Planning Commission 7
A. Structure 7
1. Officers 7
2. Meetings ... 8
3. Procedures and Policies 8
B. Function 9
III. Responsibilities and Recommendations for
Planning Commission Members ... 10
A. Reviewing Monthly Meeting Information Packet 10
B. Performing Site Visits 11
C. Conducting Additional Research 12
D. Submitting Questions to city staff 12
E. 60-Day Rule 12
F. Applying Variance Criteria 14
G. Participating in Monthly Planning
Commission Meetings 14
H. Establishing Liaisons to City Council 14
I. Participating in Continuing Education 14
J. Compliance with Data Practices Act 14
K. Code of Conduct 15
IV. Educational Resources 14
Web Sites 14
Books/Videos 15
Glossary 16
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I. ORGANIZATIONAL STRUCTURE OF CITY OF MEDINA
Please see EXHIBIT - A for the Organizational Chart of the City of Medina
A. City Council
The City Council consists of a mayor who is elected for a two-year term, and four
council members, each of whom is elected to a four-year term.
The City Council meets on the first and third Tuesdays of each month. Meetings
are held in the City Council Chambers at City Hall. Meetings are open to the
public.
The City Council has multiple functions and responsibilities. For the purposes of
this manual, only the creation and implementation of a long-range comprehensive
plan for city development and matters related to land use will be considered.
Implementation is achieved through the creation or modification of zoning and
building regulations as well as through the granting or denying of requests to
deviate from written regulations. To accomplish this goal, the council works with
many other entities, agencies, and private enterprises. The council also takes
under advisement the recommendations made by the city Planning Commission
when considering action on a regulatory request (requests for conditional use
permits, variances, subdivisions, or amendments to the zoning ordinance or to the
comprehensive plan). Regulatory requests of these types are generally brought
before the Planning Commission prior to being scheduled for a council review.
B. Ad Hoc Committees
From time to time, special circumstances or developments affecting the city may
require a more intensive investigation or a collaborative effort between the city
and another entity. At such times, an ad hoc committee may be formed from
members of the council or any of the commissions, city staff, liaisons, and
possibly city residents. The City Council may appoint Planning Commission
members to serve on study group or task forces to address a specific issue and for
a designated time frame and, as such, are temporary bodies. Any
recommendations or reports developed by such a committee that relate to local
planning matters shall be brought before the full Planning Commission for action.
When necessary, ad hoc committees or task forces may be convened which
necessitate participation by one or more Planning Commission members.
Assignment to these groups should be based not only on a member's expertise,
experience, and interest, but also on a rotational basis so that Planning
Commission members have an opportunity to expand their knowledge and
increase their interaction with other group members.
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C. Planning Commission
The Medina Planning Commission has been established by the City Council
pursuant to City Code Section 825.33 (see attached EXHIBIT — B) and
Minnesota annotated Section 462-354 Subdiv. 1(2).
The Planning Commission consists of seven (7) members, each of whom is either
appointed by the City Council to serve a three-year term or a shorter term to fill a
vacancy. A commission chairperson and vice -chairperson are elected from its
members. All Planning Commission positions are voluntary.
The Planning Commission meets on the second Tuesday of each month.
Meetings are held in the City Council Chambers at city hall. Meetings are open to
the public.
The purpose of the Planning Commission is to make recommendations to the City
Council on requests for conditional use permits, variances, subdivisions, and
amendments to the zoning ordinances or the comprehensive plan. The Planning
Commission shall also review such additional matters as may be requested by the
city council.
Details of the Planning Commission structure and function are covered in section
II of this manual.
D. Park Commission
The Park Commission consists of seven (7) volunteer members, each of whom are
appointed by the City Council to serve a three-year term or a shorter term to fill a
vacancy.
The Park Commission meets on the third Wednesday of each month. Meetings
are generally held in the City Council Chambers at city hall. Meetings are open to
the public.
The purpose of the Park Commission is to oversee activities in the City's parks
and trails.
E. Administration (includes City Clerk and Finance)
The city administrative area consists of a City Administrator, City Attorney, City
Assessor, Building Official/Fire Marshal, City Engineer, Finance Director, and
the Deputy City Clerk. All positions are filled by city employees or professional
contracted services.
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General responsibilities are as follows:
City Administrator - oversees all city departments, contracts, and day-to-day
administrative operations of the city.
City Attorney - provides legal counsels for city officials and staff. The city
contracts this service with Kennedy & Graven.
City Assessor - views each parcel of real estate in the city to determine its market
value. Also determines the classification or use of each parcel. This information
is the basis for property tax assessments. The city contracts this service with Rolf
Erickson.
Building Official/Fire Marshal - physically inspect structures to ensure
compliance with building permit specifications. Medina is served by four
volunteer fire departments; each of which serves other adjacent communities as
well. The city contracts for the building inspections and fire marshal services
with Metro West Inspection Services, Inc. of Loretto, MN.
City Engineer -works to address engineering issues and reviews plat submittals
with engineering issues. Also provides complete civil engineering services
including landscaping and transportation. The city contracts this service with
Bonestroo, Rosene, Anderlik & Associates.
Finance Director — manages the day-to-day financial operations of the city.
Deputy Clerk - assists with water, sewer, and recycling bills, payroll and general
fund accounting.
F. Planning & Zoning
The city planning and zoning department consists of a Planning Director,
Associate Planner (to be created and filled in 2008), an Assistant to Planning (and
Public Works), Planning Consultants and an Administrative Assistant to Planning
and Public Works. All of these positions are filled by city employees or
professional contracted services.
Planning Director — manages the day-to-day general planning, zoning and code
enforcement operations of the city. Oversees and processes requests for
variances, subdivisions, platting, building permits, and conditional use permits.
Prepares and oversees the preparation of all planning staff reports and agendas to
the Planning Commission. Also serves as a resource for building codes, zoning
ordinances, septic systems, GIS (Geographical Information System) mapping, and
the city's comprehensive plan.
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Associate Planner - assists the Planning Director in day-to-day operation of the
planning department, including general zoning information; GIS mapping,
preparing reports to the Planning Commission code enforcement; building permit
review and approvals; zoning information, building permits, homesteading,
election activities, and general city information.
Assistant to Planning - assists with general planning and zoning information,
building permits, homesteading, election activities, and general city information.
Planning Consultant — the city currently contracts with Landform to assist the city
planner in planning responsibilities.
Office Assistant to Planning and Public Works - assists the Planning Department
and Public Works staff with general planning and zoning information, city
infrastructure information, processing building permits, homesteading, election
activities, and general city information.
G. Public Safety
The Medina Police Department has organizational responsibility for all public
safety activities in the City, including police, fire and emergency preparedness.
Fire: Chief of Police serves as the City's primary liaison with volunteer fire
departments that serve Medina. City Code, Chapter 210, authorizes the City
Council to contract for fire protection services with other municipalities (Long
Lake and Maple Plain) and volunteer fire departments (Hamel and Loretto). The
City Administrator administers the contracts.
Emergency Preparedness: The City has an Emergency Operations Plan that
details City policies and procedures for responding to emergencies such as train
derailment, airplane crash, epidemic, terrorist attack, tornado, etc. The City is
also part of the Lake Minnetonka Regional Emergency Operations Plan, a joint
powers agreement with other communities in the Lake Minnetonka area. The
Police Chief is the City's Director of Emergency Preparedness and is responsible
for overall direction and control of City resources in an emergency.
Structurally, the police department includes the city prosecutor, police chief,
police officers, police assistant, community service officers, and (police) reserves.
The city prosecutor is an attorney in private practice whose services are
contracted by the City. Police reserves are non -paid positions. The balance of
positions in this department is paid positions, hired by the City.
General Public Safety resources are as follows:
City Prosecutor -prosecutes misdemeanors and gross misdemeanors on behalf of
the City (Note: the office of the Hennepin County Attorney prosecutes felonies).
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Police Chief, officers, and assistant -to carry out the duties specifically imposed by
the City Council, including but not limited to law enforcement, investigation,
emergency preparedness (see above), record keeping, and annual reporting. The
Medina police department is established b City Code, Chapter 205. The duties of
the police chief and employees are set out in Sec. 205.03.
Community Service Officers -enforce parking and other City ordinances, respond
to non -emergency calls, and participate in community and public education
programs, such as Operation ID, bicycle safety, and Neighborhood Watch.
Police Reserves -assist police and community service officers with non -emergency
calls, represent the city and provide manpower for department or special details,
such as the Hamel Rodeo.
H. Public Works
The Public Works Department consists of a Public Works Superintendent, shared
administrative assistant (w/ planning), two water and sewer maintenance and
operators, and a street maintenance employee.
The public works department is in charge of all public facilities in Medina,
including city roads, parks, sewers, wells, and water distribution networks.
II. STRUCTURE & FUNCTION OF PLANNING COMMISSION
A. Structure
1. Officers
The Planning Commission consists of a chairperson, a vice -chairperson,
and five additional commission members. All members are appointed by
the city council. No member may serve more than three consecutive
three-year terms. The chair and vice -chair are elected from the appointed
Planning Commission members at the January Planning Commission
meeting. These two positions are elected for a one-year term. No member
may serve as chairperson or vice chairperson for more than three
consecutive (one-year) terms.
The chairperson is the presiding officer at all meetings of the Planning
Commission and consults with the city planner and other staff members as
necessary between meetings.
The vice -chairperson fulfills the duties of the chairperson in the event of
the chairperson's absence and assists the chairperson as needed. The vice -
chair draws up a roster for Planning Commission members to attend City
Council meetings.
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In the event a vacancy occurs in the office of the chairperson or vice -
chairperson, the Planning Commission fills the vacancy for the balance of
the term at its next regular meeting.
2. Meetings
Regular meetings of the Planning Commission are held monthly unless
there is no business to conduct. The meeting is held on the second
Tuesday of each month in the City Council chambers at city hall unless
the Planning Commission establishes another time or place for the
meeting. If another time or place is chosen, a special meeting notice must
be given.
Information packets with the upcoming meeting agenda and all related
paperwork are delivered to Planning Commission members prior to the
Tuesday monthly meeting.
In addition to the Planning Commission members, meetings are usually
attended by a designated liaison of the city council, the city planner, city
planning consultant(s), as well as the public.
Special and emergency meetings of the Planning Commission may be
called by the chairperson or three Planning Commission members in
consultation with the city administrator and council. A notice for a special
or emergency meeting must be given as specified in Minnesota Statutes,
471.705, subd. 1(b) and (c).
The order of business at meetings of the Planning Commission generally
follows the published agenda. However, matters may be taken out of
order for the convenience of the Planning Commission or the applicant
upon the consent of a majority of the planning commission. Public
hearings cannot be held prior to the time established for them in any
published or mailed notice. With the approval of a majority of the
members of the planning commission, items may be added to the
published agenda so long as no public hearing or prior notice is required.
The Planning Commission keeps a record of its proceedings, including
minutes of its meetings and a record of all votes. These records are
available to the public during regular city hall business hours.
3. Procedures and Policies
Operational Procedures — The Operational Procedures of the Planning
Commission are attached hereto as EXHIBIT - C.
Quorum/Open Meetings - All meetings of the planning commission,
including study groups and task forces established by it, must be
Planning Commission Training
and Orientation Manual
conducted in accordance with the Minnesota Open Meeting Law,
Minnesota Statutes, 471.705.
Four members shall constitute a quorum for the transaction of all business.
When there is less than a quorum present, any business transacted is null
and void. Each member of the Planning Commission shall be entitled to
one vote on all matters. All matters require approval by a simple majority
of those to be adopted.
If less than a quorum of the full commission gets together informally to
discuss Planning Commission matters, it is NOT considered an open or
public meeting. If an established committee, sub -committee or task force
is meeting, even if just two members are present to meet, a quorum, it IS
considered an open or public meeting and must be posted at city hall.
• A serial meeting may also constitute an open meeting. For
example, commissioner A talks to commissioner B; B talks to
commissioner C; and C talks to A.
• Telephone conference calls and e-mail would create an open
meeting concern if the group discusses city business.
Conflict of Interest - A Planning Commission member has a conflict of
interest if the matter at hand would directly or indirectly materially affect
his or her personal financial interest. Any member with a conflict of
interest shall notify the chairperson and abstain from the decision -making
processes, including voting on the matter. However, other members of the
Planning Commission may request input from the recused commissioner.
The member in conflict must leave the table and seek to avoid even the
appearance of impropriety.
B. Function
The purpose of the Planning Commission is to serve the citizens of Medina by
making recommendations to the City Council on requests for conditional use
permits, variances, subdivisions, and amendments to the zoning ordinance or to
the comprehensive plan. The Planning Commission itself cannot grant or deny
requests. That is the function and responsibility of the City Council. The
Planning Commission will do the research, gather the pertinent information, and
perform due diligence for each case set before it in order to supply the City
Council with a fair and accurate recommendation for approval or denial, as well
as provide case findings.
The Planning Commission uses the city's comprehensive plan as a guide in
determining which requests to recommend for approval and which to recommend
for denial. The comprehensive plan guides the future development of Medina and
reflects the wishes of Medina's residents. The plan takes into account current and
projected population density, traffic patterns and density, public services, land
use, sewer requirements, educational districts, watershed districts and their
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requirements, and the Department of Natural Resources and its requirements. The
comprehensive plan is designed to guide the city's growth for the upcoming 20-
year period. Planning Commission members must become familiar with the city's
comprehensive plan and apply its goals when making a review of any
recommendation regarding request brought before the commission. Both the
Planning Commission (through its recommendations to the City Council) and the
City Council(through its authority to authorize or deny requests) ensure
implementation of the comprehensive plan in accordance with its goals.
Zoning and other regulatory restrictions also govern recommendations made by
the commission. The goals and rights of citizens appearing before the
commission are additional determining factors. An effort is made to review each
case on its own merit.
Once complete information is compiled, presented and discussed, the Planning
Commission votes on the matter at hand. This vote, in recommendation form, is
forwarded to the City Council for a final ruling when the matter appears before
the council.
Note: The following maps may be helpful when reading a request or conducting a
site review. They are also useful for understanding the complexity and
interrelationships considered in the comprehensive plan. These maps (and others)
can be found in the City of Medina 2000-2020 Comprehensive Plan book.
• National Wetland Inventory map
• Floodplains map
• Watershed District Boundaries map
• Medina Soils map
• 2000-2020 Guide Plan map
• Sewer System map
• Water System map
• Zoning map
III. RESPONSIBILITIES AND RECOMMENDATIONS FOR PLANNING
COMMISSION MEMBERS
In order for the Planning Commission to function maximally, each member must be
committed to performing all duties in a thorough and professional manner The
following guidelines have been developed in order to clarify member duties and explain
the rationale behind those duties. Sequencing of tasks also follows the outline below:
A. Reviewing monthly meeting information packet.
Prior to the monthly Planning Commission meeting, each member of the
commission is provided with an information packet containing pertinent
information for the upcoming meeting. City staff, primarily the city planner, will
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provide background material and analysis related to applicable items on the
agenda. As appropriate to the matter on the agenda, the Planning Commission
can expect that staff will:
➢ Provide the Planning Commission members with accurate property
locations/addresses related to upcoming issues
➢ Identify which ordinance(s) applies to each issue
➢ Conduct site visits
➢ Inform the commission of relevant provisions in the comprehensive plan
and relevant ordinances in the Medina code book.
➢ Alert the commission to nonconforming uses and/or noncompliance with
all relevant city requirements, including zoning and wetlands ordinances,
and the comprehensive plan
➢ Identify options and/or applicable stipulations to proposals
➢ Present analysis of variance requests in accordance with the criteria of the
ordinance
➢ Generally include a recommendation, but staff may elect to just present
the various facets of the case for the commission to determine a
recommendation to the council.
Members should thoroughly review all of the materials, making notes as
necessary. Members are encouraged to also schedule time to review each site
detailed in the information packet.
B. Performing site visits.
Prior to the Planning Commission meeting, each member of the commission is
encouraged to conduct an on -site review of each application. The following
guidelines should be followed:
➢ If at all possible, visit the site(s) in the day time hours.
➢ Drive in and park on the site if possible.
➢ If there is a dwelling, go to the door and introduce yourself as a Planning
Commission member who has come to review the application.
➢ Take the survey (from the information packet) with you as you walk around
the site.
➢ If you are asked to leave without reviewing the site, try to get the name of the
person who asked you to leave and their relationship to the applicant.
➢ Bring this information with you to the meeting.
➢ If you can, ask the applicant if they have any questions. Answer questions if
you can, but if you cannot, encourage them to bring that question or those
questions up at the meeting.
➢ Walk the site. For sites bounded by section lines, it is usually easy to pick out
the location of the property lines based on fence lines, tree or shrub lines,
power lines, retaining walls, or even locating or observing visible property
stakes or irons (usually located in property corners).
➢ To determine where building walls will be in relation to the lot lines, develop
a means to measure distances. You can use heel -to -toe (as one foot) for
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distances under 15 feet and your gait (three to four feet) to approximate other
distances.
➢ It is helpful to walk the perimeter of the site to evaluate what the finished
project will look like from the adjacent landowner's boundary line. Look both
ways from the property line and get a feel for and understanding of what the
applicant will be looking at from inside and outside the boundaries.
➢ Remember that your role is to look out for public health, safety, and
consistency with the city zoning code and comprehensive plan. Think about
the finished project, the expected levels of traffic, visibility, noise, runoff,
parking, hours of operation, adjoining land use, state of development on
adjoining land, environmental impact, etc.
➢ If you have questions or discover an unusual or unexpected condition, ask the
applicant about it (if available), contact staff, and/or bring it up at the meeting.
C. Conducting additional research.
Based on your information packet reading, site review, and interview with an
applicant (if available), determine if additional research is needed to answer any
outstanding questions or to further clarify any related issues for a request. Some
possible sources for gathering additional information include the city code book,
city staff, other Planning Commission members, past meeting minutes, and the
various city maps. There is no documented procedure for conducting further
research; you must use common sense and your own initiative to find the answers.
It is helpful for commission members to seek (and have) the answers to their
questions before the meeting. This avoids wasted time and helps ensure the
commission is making a recommendation based on a complete investigative
review of the request. However, it is important that members raise all such
questions that have an influence on their decision during the meeting so that all
members can benefit from the information.
D. Submitting questions to city staff.
If you have questions for a city staff employee, try to notify them as soon as
possible, so they have time to research the answers prior to the commission
meeting. If questions are held until the meeting, the proposal may have to be
tabled and valuable time could be lost not only for the applicant but for the
commission and the City Council as well. City staff may be reached by phone or
email.
E. 60-day rule.
• Minnesota Statutes, Section 15.99, known as the "60 Day Rule," requires a
city to approve or deny a written request relating to zoning, septic systems or
the expansion of the metropolitan urban service area (MUSA) within 60 days
or it is deemed approved.
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" T h e 6 0 D a y R u l e h a s b e e n i n t e r p r e t e d t o a p p l y t o a n y r e q u e s t a f f e c t i n g t h e u s e
o f l a n d . H o w e v e r , i t d o e s n o t a p p l y t o s u b d i v i s i o n a n d p l a t a p p r o v a l s b e c a u s e
t h e y a r e s u b j e c t t o t h e i r o w n t i m e f r a m e s p u r s u a n t t o a d i f f e r e n t s t a t u t e .
M i n n e s o t a S t a t u t e s , S e c t i o n 4 6 2 . 3 5 8 r e q u i r e s a s u b d i v i s i o n o r p l a t a p p l i c a t i o n
t o b e p r e l i m i n a r i l y a p p r o v e d o r d i s a p p r o v e d w i t h i n 1 2 0 d a y s a n d f i n a l
a p p r o v a l m u s t b e w i t h i n 6 0 d a y s o f a p p l i c a t i o n f o r f i n a l a p p r o v a l .
" T h e 6 0 d a y t i m e p e r i o d u n d e r t h e 6 0 D a y R u l e d o e s n o t b e g i n t o r u n i f a c i t y
n o t i f i e s a n a p p l i c a n t i n w r i t i n g w i t h i n 1 5 b u s i n e s s d a y s t h a t t h e a p p l i c a t i o n i s
i n c o m p l e t e . T h e m i s s i n g i n f o r m a t i o n m u s t b e s o m e t h i n g r e q u i r e d b y l a w o r
b y p r e v i o u s l y a d o p t e d r u l e , o r d i n a n c e o r p o l i c y . A c i t y a l s o m u s t s t a t e w h a t
i n f o r m a t i o n i s m i s s i n g i n t h i s n o t i f i c a t i o n .
" A c i t y m a y g r a n t i t s e l f a n a d d i t i o n a l 6 0 d a y s ( u p t o a t o t a l o f 1 2 0 d a y s ) i f ,
b e f o r e t h e e n d o f t h e i n i t i a l 6 0 d a y p e r i o d , i t n o t i f i e s t h e a p p l i c a n t i n w r i t i n g
o f i t s i n t e n t t o t a k e a d d i t i o n a l t i m e t o c o n s i d e r t h e a p p l i c a t i o n , t h e r e a s o n s f o r
t h e e x t e n s i o n a n d t h e a n t i c i p a t e d l e n g t h o f t h e e x t e n s i o n .
" A c i t y c a n o n l y g o b e y o n d t h e 1 2 0 d a y s i f i t o b t a i n s t h e a p p r o v a l o f t h e
a p p l i c a n t . T h e e x t e n s i o n b e y o n d 1 2 0 d a y s m u s t b e m a d e i n w r i t i n g b y t h e
a p p l i c a n t .
" T h e 6 0 D a y t i m e p e r i o d i s e x t e n d e d i f t h e r e a r e o t h e r n e c e s s a r y s t a t e o r
f e d e r a l a p p r o v a l s t h a t m u s t b e o b t a i n e d b y t h e a p p l i c a n t . I t i s e x t e n d e d t o 6 0
d a y s a f t e r t h e c o m p l e t i o n o f t h e l a s t p r o c e s s r e q u i r e d .
" I f t h e a p p l i c a t i o n i s d e n i e d , t h e r e m u s t b e a d e n i a l m o t i o n a l o n g w i t h w r i t t e n
f i n d i n g s s u p p o r t i n g t h e d e n i a l . T h e w r i t t e n s t a t e m e n t o f d e n i a l m u s t b e
a d o p t e d a t t h e s a m e t i m e a s t h e d e n i a l o r a t t h e n e x t m e e t i n g b u t p r i o r t o
e x p i r a t i o n o f t h e t i m e l i m i t . A w r i t t e n s t a t e m e n t m u s t b e p r o v i d e d t o t h e
a p p l i c a n t u p o n a d o p t i o n .
F . A p p l y i n g v a r i a n c e c r i t e r i a .
M e d i n a Z o n i n g C o d e 8 2 5 . 4 5 , s u b d . 1 d e f i n e s t h e c r i t e r i a f o r g r a n t i n g a v a r i a n c e .
T h e r e a r e s i x c r i t e r i a , a n d a s s t a t e d i n t h e o r d i n a n c e , t h e y a l l m u s t b e s a t i s f i e d . A s
i s f r e q u e n t l y t h e c a s e , t h e l a n g u a g e o f t h e o r d i n a n c e l e a v e s r o o m f o r a r a n g e o f
r e a s o n a b l e i n t e r p r e t a t i o n s . T h e P l a n n i n g C o m m i s s i o n c a n r e c o m m e n d t o t h e
c o u n c i l a v a r i a n c e f r o m t h e p r o v i s i o n s o f t h e z o n i n g o r d i n a n c e t o p r o v i d e r e l i e f t o
a l a n d o w n e r , w h e r e s t r i c t a p p l i c a t i o n o f t h e o r d i n a n c e w o u l d i m p o s e u n d u e
h a r d s h i p t o t h e o w n e r i n t h e u s e o f t h e l a n d . A n y v a r i a n c e c a n o n l y a p p l y t o
m a t t e r s r e l a t e d t o t h e l a n d . A v a r i a n c e m a y b e r e c o m m e n d e d w h e n a l l
c i r c u m s t a n c e s o f s t a t e s t a t u t e 8 2 5 . 4 5 s u b d . 1 a p p l i e s . ( S e e E x h i b i t C )
T h e f a c t o r s d o n o t s t a n d a l o n e a s c r i t e r i a f o r c o n s i d e r i n g v a r i a n c e p r o p o s a l s ; t h e y
a r e o n l y u s e f u l t o t h e e x t e n t t h a t t h e y a i d i n r e a c h i n g a d e c i s i o n o n t h e s i x c r i t e r i a
o f t h e o r d i n a n c e F o r t h i s r e a s o n , t h e f a c t o r s n e e d t o b e i n t e g r a t e d w i t h t h e
1 3
P l a n n i n g C o m m i s s i o n T r a i n i n g
a n d O r i e n t a t i o n M a n u a l
ordinance (see Exhibit II B). This integrated approach is the preferred framework
for considering variance proposals. Since the ordinance requires that all six
criteria be satisfied, each of them needs to be analyzed. The framework of
Exhibit III B provides a convenient worksheet for the commissioners and staff to
present and analyze variance proposals, and to focus the discussion at the public
meeting.
G. Participating in monthly Planning Commission meetings.
Each member of the Planning Commission is expected to attend the monthly
meetings. If a member is unable to attend a meeting, he or she must notify the
Planning Commission chairperson and City Planner. In a case of recurring
absences, the chair will address the issue with the member and if appropriate with
the city council.
H. Establishing liaisons to city council.
Each Planning Commission member is expected to take a turn being the
commission liaison at the city council's monthly meetings to report briefly on
Planning Commission business. A list of the City Council meeting dates and the
Planning Commission member assigned to each meeting will be prepared and
distributed to members annually by the Planning Commission vice chair.
I. Participating in continuing education.
Continuing education opportunities are available for Planning Commission
members, which may be government -sponsored workshops, city sponsored
events, or privately produced educational products. Members are encouraged to
participate in these opportunities and to increase their city planning knowledge.
Additionally, members are strongly encouraged to become familiar with Chapter
8 of the Medina City Codebook. This chapter covers land and building
regulations. Sections which are frequently consulted by the commission include:
➢ 820 Subdivision regulations
➢ 825 Zoning -administration
➢ 826 Zoning -district provisions
➢ 827 Zoning -zoning districts
There are further educational resources listed in section IV of this manual.
J. Compliance with Data Practices Act.
Pursuant to Minnesota Statutes, Chapter 13.01 et seq., the Minnesota Government
Data Practices Act (MGDPA), generally states: "all government data collected,
created, received, maintained or disseminated by a government entity shall be
public unless classified by statute, or temporary classification pursuant to section
13.06, or federal law, as nonpublic or protected nonpublic, or with respect to
data on individuals, as private or confidential."
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This Act essentially requires that all public officials (including city staff, City
Council, and appointed Planning Commissioners), if or when requested, must
provide or submit any and all relevant correspondence associated with a specific
issue, subject or topic under current or past consideration by the Planning
Commission or city. This correspondence may include letters, documents,
photos, drawings, notes, phone logs, and/or e-mails that may have been created or
in your possession when participating in meetings or discussions with any
resident(s), city or government official(s), news media, and/or the general public.
Failure or refusal by a Planning Commissioner to comply with an official request
from the City Administrator and/or Mayor to produce such documentation or data,
may result in the request to resign your position on the Planning Commission, or
the removal of the individual from the Planning Commission by the City Council.
K. Code of Conduct.
All members of the Planning Commission shall conduct themselves in a
professional and unbiased manner, free of conflict of interest, while serving in the
best public interest of the community. Planning Commissioners may be removed
from the Planning Commission by the City Council without cause for any reason,
at any time.
IV. EDUCATIONAL RESOURCES
Web Sites:
1. American Planning Association (APA) at www.planning.org
2. Government Training Service at www.mngts.org
3. League of Minnesota Cities at www.lmnc.org
4. City of Medina at www.ci.medina.mn.us
5. Metropolitan Council at www.metrocouncil.org
6. Minnesota Planning at www.mnplan.state.mn.us
7. Minnesota State Statutes, Session Laws, and Rules at
www.leg.state.mn.us/leg/statutes.htm
Books/Videos:
1. Book: The Job of the Planning Commissioner, by Albert Solnit
2. Book: The Planning Commissioner's Guide, by David J. Allor
3. Video: The Role and Responsibility of the Planning Commissioner (available
through the American Planning Association)
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GLOSSARY
[Note: The following terms and definitions were culled from the City of Medina 's 2000-
2020 Comprehensive Plan glossary and from the May 2006 Training and Orientation
Manual. Other related definitions may be found in City Zoning Code, Section 825.07.
The yellow highlighted terms found below are some of the most common terms
encountered in the Planning Commission review process.]
A M inor Ade ria Is
Definition of a roadway - See Section 7 Appendixes - Appendix D
ADA Americans with Disabilities Act
Aesthetic
Enhancement
Alternate Modes Of
Transportation.
Anaerobically
This refers to how a building site appears from the road or to a passerby. Items that
would be included in such enhancements are: Types of landscaping such as: trees,
rocks, ponds, etc.; Building materials such as: brick, or stone; Zoning standards such as:
larger setbacks, more open space, and consistency with other developments;
Architectural standards such as: roof line, proportions of the building, massing,
fenestration, etc.
Includes busing, bicycling, car pooling, light rail transit, or walking.
Organisms, such as bacteria, that can live in the absence of oxygen. Sewage is treated
through the use of such organisms.
Big Woods
A formerly vast region of mature hardwood forest, native to Minnesota, consisting
primarily of maple and basswood, broken only by lakes, marshes and streams.
Biologically Significant
Natural Resources
( BSNR)
The intent of the definition is to designate natural resources such as wetlands,
waterways, vegetation, woodlands, slopes or unique topography, and others that may
have one or more of the following characteristics: vital to the surrounding ecosystem;
support other rare features or animals; are rare; vital to maintaining water quality; vital
to limiting or preventing erosion; or add beauty to the surrounding area.
Campus Style
Developments
Development that creates the feel of a college or university campus. This may include
large amounts of open space either around or within a group of buildings. This could
include paths between buildings or around buildings that are incorporated within or
around wetlands, or woodlands. Lighting and signage and other necessities of an office
complex would be incorporated into the overall design of the campus. This definition
refers to development in the Urban Commercial 1 Area.
Circuit Breaker
The point at which the Hamel area's sewer capacity through Plymouth has reached 50%
of the remaining capacity or 240,000 average gallons per day.
City Sanitary Sewer
System
A system for collecting the wastewater that is created by residents and businesses in the
city. It consists of pipes and pumps that allow the waste to be transported to a central
facility where the wastewater is treated. Storm, surface, and ground waters are not
intentionally admitted to this system.
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Conditional Use Permit
(CUP)
The conditional use permit grants a permitted land use within an established zone, and
is valid as long as the conditions set forth by the City Council are met. The Council lu
the authority to set conditions on the granting of a conditional use permit, although the
use is permitted in the zone, it may be detrimental to the adjoining properties in certair
instances, unless various conditions are attached. A conditional use permit runs with
the land and can be maintained by subsequent owners as long as the conditions are not
violated. The permit cannot be revoked if all conditions are being complied with.
Collectors
Major - Major collectors are designed to serve shorter trips that occur entirely within
the city and to provide access from neighborhoods to the arterial system. These roads
supplement the arterial system in the sense that they emphasize mobility over land
access; but they are expected, because of their locations, to carry less traffic than
arterial roads.
Minor - Minor collectors collect and distribute traffic from neighborhoods and
commercial /industrial areas to/from the major collectors and minor arterial system.
Local streets should be designed to connect to minor collectors and not to major
collectors or arterials. Minor collectors have lower speed limits and provide access to
adjacent properties.
Co -location This refers to the location of more than one cellular phone company, or other
communications service, on the same tower.
Commercial
Development
Developments that include manufacturing, office, and retail facilities. This does not
include residential development.
Connector Definition of a roadway - See Section 7 Appendixes - Appendix D
s
Controlled
Intersections And
Roadways
Deferred
Maintenance
Area where two or more streets or roadways meet and are controlled by stop signs,
traffic signal, or yield signs.
As buildings age maintenance and upkeep is required to keep them in good condition.
This includes but is not limited to new paint, roofing, windows, tuck pointing,
rebuilding of retaining walls, pouring of new sidewalks, replacement of siding, etc.
Delaying these maintenance activities is considered deferred maintenance.
Density
This refers to the number of units within a particular area. For example, in the
Permanent Rural area, the City's policy requires low density development, each
homesite, on average, is required to have 10 acres or more of land.
Easement A grant by a property owner for the use of a strip of land by the public or any person for
any specific purpose or purposes, usually for potential infrastructure.
Effective Age
(Housing)
Each home has an actual age. If it was built in 1980 its age in the year 2000 would be
20 year old. However, the city assessor also determines an effective age. This could be
greater or less than the actual age depending on the quality and conditions of the house.
If, in the example above, the home built in 1980 was remodeled in 1990, its effective
age may be less than 20 years based on the amount of remodeling or improvements that
were done.
Bm Creek Interceptor
This is a very large sewer pipe that is a part of the Metropolitan regional sewer system,
it follows the Elm Creek waterway. This sewer pipe will ultimately serve the Northern
section of Medina. Sewage that enters this pipe ultimately flow to the Pigs Eye
Treatment Plant.
Expander Definition of a roadway - See Section 7 Appendixes - Appendix D
Farm Animals
Cows, pigs, chickens, horses, and other livestock.
Floodplains
These are areas designated by the Department of Housing and Urban Development as
areas that could potentially experience flooding problems. In may cases homes that are
located in this area will be required to carry floodplain insurance. For the most part
these areas overlap the wetland areas in the City.
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Full Time Equivalent
Employees(RE)
The number of employees that a company would have if each employee worked 40
hours per week. For example 2 employees that work part-time at 20 hour per week
equal 1 full-time equivalent employee FTE. This method is used to fairly compare the
number of employees business to business.
Geographic Staging This refers to the staging of the sewer service area by outlining a physical area where
sewer service will be extended over the number of years.
Growth Strategy
This consists of an overall plan or vision where development and growth will occur.
This is a broad statement that relates generally to the city's guide plan and amendments
to the City's zoning map.
Guide Plan Map This consists of a more specific plan for development of the city that is closely related
to the City's zoning map.
Hamel Area
This is an area of Medina that is located in the Northeast quadrant of the City. There is
no set boundary for this area. However, there is a Hamel zip code and post office. The
area encompassed by the Hamel zip code 55340 is often considered the Hamel area of
Medina.
Handicapped / A physical or mental disability that prevents the performance of everyday functions or
Physically Challenged requires a person to seek the aid of another person or a device.
High Quality Buildings
Buildings that are made from durable materials that will last for several decades without
degradation and are aesthetically pleasing. They could be built from such materials as
stone, brick, or stucco. The overall construction of the building would target the useful
life of the structure in terms of decades not years.
Homes To Acreage
Ratio
This refers to the number of homes that are allowable within a certain amount of
acreage. For example the city would like to maintain 1 home per 10 acres average in
the Rural Residential area.
Housing Stock This refers to the supply of homes in the City. It include all single and multiple family
dwellings.
Hydric Soils
Infiltration
Soils that are saturated, flooded, or ponded long enough during the growing season to
develop
anaerobic conditions in the upper layers. For a list of soil types in Medina See Section
7 Appendixes - Appendix C
Water other than wastewater that enters a sewage system (including sewer connections)
through the ground by such means as defective pipes, pipe joints, connections or
manholes.
Inflow
Water, other than wastewater, that flows directly into the sanitary sewer system (including
sewer connections) from sources such as cellar drains, yard drains, manhole lids, surface
runoff, catch basins, etc.
Innovative
Arra nge me nts Of
Homes
Innovative
Developments
Subdivision of property using lot sizes and housing types that may not conform to the
City's current ordinances. For example in the rural residential area the minimum lot
size is dependant on the amount of acceptable soils for septic sites. Often one home
requires ten acres. However, a property owner may have enough good soils for four
home sites but may want to build them closer together preserving the remaining area as
open space. Some call this type of development clustering.
Developments that incorporate concepts such as: clustered arrangements of homes, a
mixture of commercial, retail, and residential; preservation of significant biological
features; and, usage of creative techniques to preserve the character of the area.
Interceptor
A large sewer pipe that serves multiple cities in a region and is a part of the
Metropolitan regional sewer system. See Elm Creek Interceptor
Large -Lot Single Single family detached homes on lots five acres or larger
Family Homes
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Lateral Sewer And
Water Lines
In most cases these lines run perpendicular to and connect to trunk lines. They provide
sewer and water service directly to the businesses or residences they serve and are paid
for by the benefiting properties.
Local Govemmental
Unit (LGU)
Within the Wetland Conservation Act an Administrative Authority is determined. This
is called the Local Governmental Unit. Medina was able to select itself as the local
governmental unit. This enables the City the make certain determinations regarding the
administration of certain wetland issues.
Metropolitan Council
Metropolitan Council
FnvironmentaI
Services
The Metropolitan Council is a regional organization that provides certain services and
governs certain activities in the seven county Metropolitan area. The counties included
are: Anoka, Dakota, Carver, Hennepin, Ramsey, Scott, and Washington. These
counties are divided into 16 districts each represented by one commissioner. All
commissioners are appointed by the Governor. Regional services provide by the
Metropolitan Council include: wastewater collection and treatment, transit and the
metro Housing Redevelopment Authority. The Metropolitan Council establishes
policies that govern the airports commission, regional parks, highways and transit, and
air and water quality, land use, wastewater, and affordable housing.
The branch of the Metropolitan Council that collects and treats the regions wastewater.
Metropolitan C o u n c i I's The long range financial plan of the Metropolitan Council for significant capital
Capital Improvement expenditures.
Prog ra m
Metropolitan Council's
Functional
Classification System
Metropolitan Trail
Corridor System
Metropolitan Roadway Definitions - See Section 7 Appendixes - Appendix D
Trails that are a part of the regional parks and trails system as developed by the
Metropolitan Council.
Metropolitan Urban
Service Area (MUSA)
Minnesota Statutes,
Section 473.145 -
Development Guide
Minnesota Statutes,
Section 473.85 - 473-
86 Metropolitan Land
Use Planning
Natural Features
National Urban Runoff
Program (N URP)
Non -conforming Use
(types A, B, C)
This area designated by the Metropolitan Council to receive regional sewer service.
State law requiring the Metropolitan Council to prepare a comprehensive development
guide plan for the Metropolitan area. The current development guide is called the
"Regional Blueprint, 1996".
State law defining the requirements for Comprehensive Plans.
Natural features consists of natural resources such as stream, lakes, and woodlands, but
also includes steep or unique slopes, rock formations, plant, and similar to BSNR
National Urban Runoff Program was a program that developed and tested measures to
treat storm water run-off.
Use of land, buildings, or structures legally existing at the time of adoption of an
ordinance which does not comply with all regulations of the ordinance or any
amendments governing the zoning district in which such use is located. There are three
types currently identified as follows:
Type A non -conforming uses include land which is undeveloped or which contains
improvements valued by the city assessor at less than $10,000.00 and which is devoted
to a use not permitted by the ordinance.
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NURP Ponds
Type B non -conforming uses include land with improvements valued by the city
assessor at $10,000.00 or more and which is devoted to a use not permitted by
the ordinance.
Type C non -conforming uses include developed property which is devoted to a use
permitted by the ordinance but in which the site or structure is not in compliance with
one or more development standards applicable within the zoning district.
Designated pond areas within a development or parcel of land which house storm water
run-off.
On -Site Sewage
Disposal Systems
Open Space
See septic systems
Undeveloped Land
O utlot An unplatted piece of property; this property cannot be built upon unless a change in the
property designation is made.
Park Commission
This is an appointed board of the Medina City Council that advises the Council on
matters related to the City's parks, trails, and open spaces.
Park Dedication Fees
Passive Re c rea do n
Fees paid at the time residential properties are sub -divided for development of City
parks.
Recreational activities that do not involve organized sports.
Peak Flow This is the highest rate of flow through any given point in a sewer pipe.
Physiography The study of the natural features of the earth's surface, especially in its current aspects,
including land formation, climate, currents, and distribution of flora and fauna.
Planned Unit
Development (PUD)
This is a tool used in the zoning ordinance which allows a city and a developer to
negotiate the standards required within a development. These standards may or may
not be the same as the underlying zoning district.
Planning Commission This is an appointed board of the Medina City Council that makes recommendation to
the City Council on planning and zoning matters.
Regional Blueprint
Regional Systems
A comprehensive development guide plan for the Twin City Metropolitan region
created by the Metropolitan Council.
Transportation facilities, park and recreational facilities, wastewater treatment facilities
and others that affect or impact the Metropolitan Region.
Regional
Transportation System
Highways, buses, railroads and light rail transits systems that impact the Metropolitan
Transit System. Medina's impact on these systems are the primary focus of the
Metropolitan Council's review of the City's Transportation plan.
Right of Way
Rolling Stock
Land designated by the City Council for public vehicular and pedestrian traffic by
easement, dedication, statutory user, common law dedication, or any other instrument or
legal right, including that portion of any road lying within 30 feet of either side of the
center line of the traveled track of such road.
Vehicles, trailers, and other movable objects that are in working order and are part of
the operation of a business.
Rural Lots Lots that are in the Rural Residential area are not provided with city sewer.
Sanitary Sewer System This is a system for collecting the wastewater that is created by residents and businesses
in a city. It consists of pipes and pumps that allow the waste to be transported to a
central facility where the wastewater is treated.
Sanitary Sewer
Capital Improvement
Fund
This is a fund that is used to finance all trunk line work in the City. All trunk area
changes are collected here and are used to finance further trunk projects. The project
can include construction of new trunk line or repair/replacement of old lines.
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Scientific & Natural
Area
Septic Systems
Preserves that protect remnants of Minnesota's natural communities, rare plants, and
rare animals. For example Wolsfeld Woods, located in Medina, is a remnant of Big
Woods. Since they are protected areas they are only available for passive recreation
activities. For more information you can call Ellen Fuge DNR specialist 651-297-3288
These are often private systems that use a sandy earth drain field or mound to treat the
waste by allowing bacteria to decompose the sewage as is flows through the system.
Setbacks
Statute
The minimum horizontal distance from a property line to the improvement (i.e., a
building, parking lot, street or roadway, etc.).
Laws enacted by a state legislative body.
Subdivision Ordinance
Suitable Septic Soils
Tax Base
This ordinance regulates the way in which land can be divided. The ordinance defines
minimum or maximum allowable standards to be followed when dividing land.
Soils that are allowable for septic systems. See appendix C
The City collects taxes from residents and businesses based on the value and type of
property. The total value (tax capacity) of properties in a city is considered the city's
tax base.
Transportation Plan
Ultimate Sewer
Service
Boundary(2040)
Unique On -Street
Parking Arrangements
Uptown Hamel
The City's plan for how its transportation needs will be taken care of in the future. This
includes upgrading of roads, construction of new roads or frontage roads, signalizing or
controlling intersections, and how the city's system impacts or works with other
jurisdictions such as neighboring cities, the county, and the state.
Sewer service will not be provided outside of this area between now and 2040.
This could include diagonal parking, parking areas that are indented along the roadway,
allowable double parking, etc.
This area is designated by its own zoning district. It is primarily a commercial area that
runs along Hamel Road west of Brockton Lane.
Variance
Wet Soils
Zoning District
A legally permitted deviation from the literal land dimension requirements ofill
zoning ordinance. Applies to the land dimensions only, not the land USE.
see Hydric Soils
Zoning Map
Zoning Ordinances
An area or areas within the limits of the City for which the regulations and requirements
governing use are uniform.
The legal document for allowable types of development within Medina. See Map 5-1
Rules which are the legal means of regulating private property to achieve orderly land
use relationships. These ordinances protect the public health, safety and welfare,
regulate uses of land and structures, regulate building location, height, bulk on the land,
and specify the legal right to certain uses on the land.
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Agenda Item: 7
MEMORANDUM
TO: Planning Commission
FROM: Dusty Finke, Assistant to Planning; through Planning Director Benetti
DATE: January 3, 2008
MEETING: January 8, 2008 Planning Commission
SUBJ: Wetland Ordinance Amendment
Background
The wetlands ordinance has been on the tail end of agendas for the past few months, and returns
for the January 2008 meeting. The Commission discussed and tabled the wetlands ordinance at
its October and November meeting and did not discuss it in December in order to review the
draft Comp Plan.
Because it has been awhile since the Commission has discussed this matter, and because we will
have new members at our January meeting, I have included an updated memo from John Smyth
(wetland engineer from Bonestroo) that describes the goals/objectives of the ordinance,
compares other regulations, and describes the ordinance
The two major points of discussion from the November meeting surrounded: 1) an appeals
process for the wetland classification; and 2) being able to replace a home that may be destroyed
by fire or some other disaster.
The appeal provision was added to the attached draft ordinance — see Subd. 4(c)(iv)
City legal staff did conduct further research into the matter of replacing a non -conforming
structure. They found information that states that if a structure were to be destroyed by some
sort of disaster, state statute allows for the reconstruction of the structure as long as a building
permit is applied for within 180 days (statute 462.357 subd le). This provision appears to go
towards what some Commissioners had wished to see in the ordinance.
Legal staff also noted that buffer flexibility and variance procedures exist in the ordinance even
after this 180 day window. The current zoning ordinance does not describe this 180 permit
provision and staff will be researching the City's nonconformity regulations for consistency with
statute. This will likely be addressed when ordinances are updated following the adoption of the
Comprehensive Plan.
Example Impact on Developable Property
At the November Planning Commission meeting, it was suggested that an estimate be made on
the impact of the buffer requirements on the amount of property which could be developed in
relation to some of the Comprehensive Plan forecasts.
Staff used information from WSB to get rough estimates of what the impact on developable
property may be across the City. The RR-UR and BP districts were used in order to get these
estimates because these areas are where the current Comp Plan draft proposes future a large
portion of the future development. These figures are rough, and may be actually higher because
the wetlands themselves were not delineated by WSB.
District
Acres
Acres of
Wetlands
Acres of
Buffer
Percentage
RR-UR
1466
375
113
7.7%
BP
875
277
83
9.5%
It is important to remember that currently the watershed districts have regulatory authority as
well. In the case of a substantial development, the relevant watershed would weigh in. It is
likely that they would require buffers (20'-50' buffers have been required by the Elm Creek
watershed on recent plats or sites plans). In these cases, the additional impact on the amount of
developable property because of the buffers within the draft ordinance would be comparatively
reduced.
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
1. Memo from wetland engineer John Smyth
2. Ordinance
2
Memorandum # Bonestroo
To: Planning Commission Project: Medina Wetland Ordinance Date: 1 /2/08
From: John Smyth, CWD Client: City of Medina
Re: Summary and Discussion - Wetland Ordinance
File No: 190-07000-1
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
suggests 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
Special considerations
Width
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
Sampling of Citv Buffer Reauirements
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 cubic yards of material they are subject to the MCWD wetland rules
if the subject property contains a wetland or wetlands. The MCWD wetland
rules currently require 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 process in the next
Page 2 of
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 in 2007.
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 Minnesota 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 are ranked exceptional. Wetlands under the Manage 1
classification have at least one of its functions that are 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 rules.
Wetland Buffer Proposed in Medina Ordinance:
Wetland
Classification
Permanent
Upland Buffer
Zone Average
Width (feet)
Minimum
Permanent
Upland Buffer
Zone (feet)
Minimum
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 4 of 6
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 any new development activity occurs on the
property. For purposes of this section, "new
development activity" means:
(a) Any land use application submitted to the city,
including but not limited to: subdivisions, minor
subdivisions, site plan reviews, rezonings, or
conditional use permits; or
(b) construction of a structure having a footprint
greater than 1500 square feet that is on a
permanent foundation.
(2) A soil disturbance greater than one half of an acre,
regardless of whether the grading is associated with a
land use application, a building permit or reconstruction.
Soil disturbance involved with agricultural activities,
shall be excluded; or
(3)
When any construction or land alteration activity that
does not fall within any of the above categories, but the
city has determined has the potential to adversely impact
a Wetland. For purposed 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; and
(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 of area; and
(c) The proposed structures or proposed impervious
surfaces are within 100 feet of the Wetland.
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
Page 5 of 6
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
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
CITY OF MEDINA
ORDINANCE NO.
An Ordinance Pertaining to Wetland Protection and Regulation
Amending Sections 826.25.5, 828.43, 831.05, 831.07, 832.05, 832.07, 833.05, 833.07 and
835.05
The city council of the city of Medina ordains as follows:
SECTION I: Medina Code Section 826.25.5, subdivision 2 is amended by deleting the Gtricken
material as follows:
Section 826.25.5. (UR) Lot Area, Height, Lot Width and Setback Requirements. Within the
Urban Reserve district, the following development standards shall apply:
Subd. 2. The following minimum lot sizes, width, depth and setback requirements shall
be observed, subject to additional requirements, exceptions, and modifications set forth in other
sections of this ordinance. For purposes of calculating the amount of contiguous suitable soils
available on a lot, only acceptable soils from the Medina Soils List in section 820.29 subd. 5
shall be considered suitable. The amount of contiguous suitable soils shall not include the areas
outlined in section 820.29 subd. 4(a).
(a) Lot Size - 40 acres with at least five acres of contiguous soils suitable for a
standard individual sewage disposal system as regulated by section 720 Individual
Sewage Treatment Systems et seq. of the code of ordinances. The lot must contain
a primary and secondary site for an on -site sewage disposal system and both sites
must be protected during construction.
(b) Lot Width — 110 feet.
(c) Lot Depth — 200 feet.
(d) Front Yard Setbacks — 50 feet.
(e) Side Yard Setbacks — 20 feet.
(f) Rear Yard Setbacks — 40 feet.
(g) Setbacks from Commercial Zoning Districts — 75 feet.
(h) Wetland Setback 25 feet for a wetland less than 1 acre and 50 feet for a wetland
greater than 1 acre, which setback shall be kept in natural vegetation and shall not
be a mowed and/or fertilized lawn.
325342v1 SJS ME230-5
1
SECTION II. Medina Code Section 828.43 is amended by deleting the stricken material and
adding the underlined material as follows:
Section 828.43. Wetlands Conservation.
Subd. 1. Purpose. The purpose of this subsection is to recognize, preserve, and protect the
environmental, aesthetic, and hydrologic functions of the city's wetlands. These functions include,
but are not limited to, sediment control, pollution control, filtration, aquifer recharge and providing
habitat for fish and wildlife. The regulations and standards of this district shall be applied as an
overlay zone, further regulating the use of land as allowed by other use districts under this ordinance.
Subd. 2. Definitions. The following terms shall have the meanings given to them:
(a) "Act" means Minnesota Laws 1991, Chapter 354, as amended.
(b) "Applicant" means a person who applies for a permit to undertake any activity
regulated by this subsection.
(c) "Rules" means Minnesota Rules, Chapter 8420, as amended.
All other terms used in this subsection which are defined in the Act or the Rules have the
meanings given there.
Subd. 3. Scope. This ordinance regulates the draining and filling of wetlands and parts of
wetlands within the city. Except as provided in the exemption and no loss determination provisions
of this subsection, wetlands within the city may not be drained or filled wholly or partially unless
replaced by restoring or creating wetland areas of at least equal public value.
Subd. 4. Local Government Unit. The city shall be the local government unit for the purposes of
the Act and the Rules.
Subd. 5. Technical Evaluation Panel.
(a) A wetlands technical evaluation panel is hereby established. The panel shall be
composed of the city engineer, a person appointed by the Board of Water and Soil
Resources, and a person appointed by the Hennepin County Conservation District.
(b) The technical evaluation panel shall exercise the authority granted to it under the Act,
the Rules, and this subsection, including, without limitation:
(i) making technical determinations concerning questions of public values, location,
size, and type for replacement plans;
(ii) assisting in making wetland size and type determinations as part of exemption
and no loss determinations;
325342v1 SJS ME230-5
2
(iii) answering technical questions and participating in monitoring of replacement
wetlands; and
(iv) participating in the monitoring of banked wetlands.
Subd. 6. Exemptions. A landowner may apply for a certificate granting an exemption from
the provisions of this subsection for the purposes of draining or filling a wetland. An exemption
certificate shall be granted pursuant to the following conditions:
(a) receipt from the applicant by the city council of satisfactory evidence that the wetland to
be drained or filled meets the exemption criteria contained in the Rules;
(b) a finding by the technical evaluation panel that the wetland meets the exemption criteria
contained in the Rules, if such a finding is deemed necessary by the city council; and
(c) receipt by the applicant from the city of a certificate granting an exemption from the
provisions of this subsection.
The city shall mail a copy of its decision to the landowner and other persons to whom such
notice is required within the time periods set forth in the Act and the Rules.
Subd. 7. No loss. A landowner uncertain whether proposed work will result in a loss of
wetlands may apply for a no loss determination. No loss determinations shall be made by the city
council pursuant to the following conditions:
(a) receipt from the applicant by the city council of satisfactory evidence of one of the
following conditions:
{i) the work will not drain or fill a wetland;
(ii) water level management activities will not result in the conversion of a wetland
to another land use;
(iii) the activities are in a surface impoundment for containment of fossil fuel
combustion waste or water retention, and are not part of a compensatory
wetland mitigation program; or
(iv) the activity is being conducted as part of an approved replacement plan or is
conducted or authorized by public agencies for the purpose of wetland
restoration and the activity is restricted to placing fill in a previously
excavated drainage system to restore a wetland to its original condition; and
(b) a finding by the technical evaluation panel that the criteria set forth in this subdivision
have been satisfied, if such a finding is deemed necessary by the city council.
Subd. 8. Replacement Plan Decisions.
325342v1 SJS ME230-5
3
(a) A landowner intending to drain or fill a wetland who does not qualify for or fails to
obtain an exemption or no loss determination shall obtain approval of a replacement
plan from the city council. Replacement plans intended to mitigate activities within
the city must involve the replacement or rehabilitation of properties pursuant to the
location requirements set forth in the Rules.
(b) Replacement plan decisions under this subsection shall be made pursuant to the
following procedures:
(i) The applicant must submit the proposed plans to the city.
(ii) If the applicant proposes to undertake an activity affecting less than 10,000
square feet of wetland, the city shall, within ten days of receiving the
application, mail a summary of the application, including the identity of the
applicant, the location and scope of the project, and a statement as to the
duration of the time period on which comments on the application will be
received, to the technical evaluation panel, the state commissioner of natural
resources, and individual members of the public who have requested a copy.
(iii) If the applicant proposes to undertake an activity affecting 10,000 square feet or
more of wetland, the city shall, within ten days of receiving the application,
mail a copy of the application, an invitation to comment, and a statement as
to the duration of the time period on which comments on the application will
be received, to the technical evaluation panel, the watershed district or water
management organization in which the wetland is located, the state
commissioner of natural resources, and individual members of the public
who have requested a copy.
(iv) The city council shall base decisions concerning replacement plans on the
standards set forth in the Rules and on any technical determinations of the
technical evaluation panel concerning the public values, location, size, and
type of the affected wetland. The city shall mail a copy of its decision to the
landowner and other persons to whom such notice is required within the time
periods set forth in the Act and the Rules.
(c) The city may at any time inspect any activity or project undertaken under this
subdivision to ensure compliance with the Act, the Rules, and this subsection. In the
°vent that the activity or project is not in compliance with the Act, the Rules, or this
subsection, the city may take any enforcement action available under the state law,
the Rules, or the Medina city code.
Subd. 9. Wetland Banking Upon application by a landowner, the city council shall
determine whether a wetland shall be certified as eligible for deposit in the state wetland bank. The
city council shall certify a wetland as eligible for deposit in the state wetland bank pursuant to the
325342v1 SJS ME230-5
4
(a) receipt from the applicant by the city council of satisfactory evidence that the wetland
meets the criteria for banking contained in the Act and the Rules; and
(b) a finding by the technical evaluation panel that the wetland meets the criteria for banking
contained in the Act and the Rules, if such a finding is deemed necessary by the city
council.
Subd. 10. Fees. Any application undcr this ordinancc must be accompanied by the fee
established from time to time by the city council by resolution. No application shall be considered
complete until the appropriate fee has been received by the city.
Subd. 11. Incorporation by Reference. The Act and the Rules are hereby incorporated by
reference as if fully set forth in this ordinance. In the event that an inconsistency exists between the
provisions of the Act, the Rules, and this subsection, the provision which provides the most wetland
protection shall apply.
Subd. 1. Purpose. The city council of the city of Medina finds that wetlands serve
a variety of beneficial functions. Wetlands maintain water quality, reduce flooding and erosion,
provide food and habitat for wildlife, provide open space, and are an integral part of the city's
environment. Wetlands are also important physical, educational, ecological, aesthetic,
recreational and economic assets to the city. They are critical to the city's stormwater
management and other aspects of the public health, safety and general welfare. Regulating
wetlands and the land uses around them is therefore in the public interest.
Subd. 2. Definitions. For Ale purposes of this section, the following terms shall
have the meanings given to them:
(a) "Applicant" means the individual or entity submitting a land use application to
the city.
(b) "MnRAM" means the Minnesota Routine Assessment Methodology for
Evaluating Wetland Functions as referenced in Minnesota Rules 8420.0549 and
maintained by the Minnesota Board of Soil and Water Resources. MnRAM is a
field tool used to assess Wetland functions on a qualitative basis. Wetland
functions assessed by MnRAM include: floral diversity and integrity; wildlife
habitat; water quality protection; flood and stormwater attenuation; recreation;
aesthetics; education; science; fishery habitat; shoreline protection; groundwater
interaction; and commercial uses.
(c) "Native Vegetation" means plant species indigenous to or naturalized to the
Hennepin County Region of the State of Minnesota or plant species classified by
the Minnesota Department of Natural Resources as native in the Minnesota
Native Plant Database. Native vegetation does not include weeds as defined by
this section.
325342v1 SJS ME230-5
5
(d) "Non-native Vegetation" means species not indigenous to or naturalized to the
Hennepin County Region of the State of Minnesota by the Department of Natural
Resources or plant species.
(e) "Setback" means the minimum horizontal distance between a structure and the
nearest edge of the Upland Buffer Zone.
(f) "Upland Buffer Zone" means an area or areas of vegetated ground cover around
the perimeter of a Wetland that, either in its natural condition or through
intervention, is critical to the protection of that Wetland. An Upland Buffer Zone
protects the edge of a Wetland from erosion and filter sediment, chemicals and
other nutrients from the runoff that drains into the Wetland. An Upland Buffer
Zone also provides wildlife habitat and assists in maintaining diversity of both
plant and animal species within the city. It also reduces human disturbances to
the Wetland by providing a visual and physical transition area from a yard to a
Wetland.
(g) "WCA" means the Minnesota Wetland Conservation Act of 1991, Minnesota
Statutes Sections 103G.222 - .2373. The city of Medina shall be designated as
the Local Government Unit for the purposes of the WCA.
(h) "Weeds" mean (i) "noxious weeds" as defined and designated pursuant to the
"Minnesota Noxious Weed Law," Minnesota Statutes Sections 18.76 through
18.88, as amended from time to time, or (ii) any volunteer plants, including, but
not limited to, spotted knapweed (Centaurea Maculosa) or burdock (Arctium
Minus). For the purposes of this section, Weeds shall not include dandelions or
clover. The city weed inspector and/or assistant city weed inspector shall
maintain a current list of plants that are defined as "Weeds" for purposes of this
section.
(i) "Wetland" means a land that is transitional between terrestrial and aquatic
systems where the water table is usually at or near the surface or the land is
covered by shallow water. For purposes of this section, in order for a land to be
considered a "Wetland," it must have all of the following characteristics: (i) a
predominance of hydric soils; (ii) be inundated or saturated by surface or ground
water at a frequency and duration sufficient to support a prevalence of
hydrophytic vegetation typically adapted for life in saturated soil conditions; and
(iii) under normal circumstances, support a prevalence of hydrophytic vegetation.
(j) "WMCM" means a Wetland Management Classification Map which is to be
maintained by the city. 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 in the office of the zoning administrator. It shall be available for public
review during all normal city office hours.
325342v1 SJS ME230-5
6
Subd. 3. General Provisions.
(a) In order to protect Wetlands, this section incorporates by reference the WCA and
any future amendments to the WCA that are adopted by the Legislature. In the
event that any requirements of this section are inconsistent with the WCA, the
stricter provision that provides the most protection for Wetlands shall apply.
(b) Applicability. This section shall apply to all property containing Wetlands in the
following circumstances:
(i) When any new development activity occurs on the property. For purposes
of this section, "new development activity" means:
(A) Any land use application submitted to the city, including but not
limited to: subdivisions, minor subdivisions, site plan reviews,
rezonings, or conditional use permits; or
l Construction of a structure having a footprint greater than 1500
square feet that is on a permanent foundation.
(ii) A soil disturbance greater than one half of an acre, regardless of whether
the grading is associated with a land use application, a building permit or
reconstruction. Soil disturbance involved with agricultural activities, shall
be excluded; or
iii When any construction or land alteration activity that does not fall within
any of the above categories, but the city has determined has the potential
to adversely impact a Wetland. For purposes of this section, "the potential
to adversely impact a Wetland" exists when all of the following conditions
are present:
(A) The portion of the property to be disturbed by construction or land
alteration activity naturally drains to a Wetland; and
(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 feet of the Wetland.
(c) Exemptions. The requirements of this section shall not apply to the following:
(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
325342v1 SJS ME230-5
7
(ii) Reconstruction of a legal non -conforming structure that was destroyed by
fire or other peril that is permitted to be reconstructed by city code and state
statute;
Subd.4. Application Materials. An Applicant shall submit the following
information to the city along with all other materials required by city code with respect to any
land use application or permit application:
(a) A grading plan (if grading is proposed);
(b) The square footage of the proposed structure and any impervious surface;
(c) A Wetland delineation report. It is the responsibility of the Applicant to
determine whether Wetlands exist on the property by completing a Wetland
delineation and submitting a Wetland delineation report. The following shall
apply to the Wetland delineation report:
(i) The report must delineate and document the boundaries of any Wetlands on
the property in accordance with the WCA requirements.
(ii) The City may require that the Wetland delineation be performed by a
certified Wetland delineator. The Wetland delineation must be performed
according to the 1987 U.S. Army Corps of Engineers Wetland Delineation
Manual and subsequent amendments, and be acceptable to the city engineer.
The city engineer shall have complete discretion in determining whether the
Wetland delineation report is acceptable.
fiw The report must state the WMCM classifications for all Wetlands located on
the property. All Wetlands on the property must be given the same
classification that they are given in the WMCM. However, the Applicant
may appeal a Wetland's classification through the process described below.
If a Wetland on the property is not shown or classified on the WMCM, the
Applicant must submit a completed electronic copy of the MnRAM (version
3.0) form for the Wetland to the city. The MnRAM form must be filled out
by a person trained in Wetland science.
iv Wetland delineations and any required MnRAM classifications must be
completed by the Applicant between April 20th and October 20th of the
given year and must be submitted to the city for review no later than
November 1 st. A Wetland delineation completed outside these dates or
submitted later than November 1'i will be considered to be incomplete.
(v) Wetland classification appeal. In the event that the Applicant is not in
agreement with a Wetland's classification, the Applicant may appeal the
classification to the city. The Applicant shall include documentation with the
325342v1 SJS ME230-5
8
appeal that supports the Applicant's position. The appeal will be reviewed
by city staff and decided by a technical evaluation panel, members of which
will be determined by the city council. The technical evaluation panel shall
make a determination on the appeal within forty-five days of filing a
complete appeal application. The Applicant may appeal the technical
evaluation panel's decision to the city council. The appeal must be filed
within thirty days of the technical evaluation panel's decision.
(vi) The city shall place any approved Wetland classifications on the WMCM.
(d) A certificate of survey or site plan that shows the Upland Buffer Zones and
setbacks to the Wetlands on the property;
(e) If required, an Upland Buffer Zone landscaping plan;
(f) Any submittals required by the WCA;
(g) Legal descriptions of the Wetlands and Upland Buffer Zones. Wetlands and
Upland Buffer Zones shall be protected by a conservation easement to be given to
the city. The city will provide the conservation easement form; and
(h) Deposit funds an escrow in an amount to be determined by the city to be used for
any expenses incurred by the City in completing its review of the Wetland
delineation report, wetland ordinance compliance review, completing a review of
a classification appeal, and, if appropriate, developing a Wetland boundary
estimate and determining if the Upland Buffer Zones proposed by the Applicant
meet the requirements of this section.
Subd. 5. Upland Buffer Zone and Required Structure Setbacks.
(a)
The following table denotes the required Upland Buffer Zone for each Wetland
which is based on the Wetland's classification. However, if the area of the
Upland Buffer Zone has a preconstruction slope that exceeds twelve percent, the
required Upland Buffer Zone shall be the maximum width required for a Upland
Buffer Zone for that particular Wetland. If approved by city staff, the Upland
Buffer Zone's width may be adjusted along the Wetland's boundaries to be less
than the average width required by this section, so long as it does not fall below
the minimum width requirements of this section and meets the overall area of the
required buffer average.
1
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
325342v1 SJS ME230-5
9
Manage 1
35 feet
25 feet
20 feet
Manage 2
25 feet
25 feet
20 feet
Manage 3
20 feet
16 feet
20 feet
(b) All Upland Buffer Zones shall be measured from the edge of the delineated
Wetland as approved by the City into the adjacent upland area.
(c) Where existing structures or surfaces are located within an area that would be
required to be included in an Upland Buffer Zone, alternative methods to protect
the Wetland may be approved by the city council in order to avoid creating
unreasonable impacts on the existing use of the property. Such methods may
include, but are not limited to, Upland Buffer Zone width averaging below the
minimum required, redirection of drainage to an area where the Upland Buffer
Zone is feasible while still maintaining the drainage to the Wetland or the use of
rainwater gardens, vegetated swales or other best management practices for
treating runoff.
(d) For roadways, trails, and driveways, or portions thereof that are routed across a
Wetland under an approved WCA Permit Application, Upland Buffer Zones will
be required on the fill slope but fill shall not be expanded to accommodate the
Upland Buffer Zone requirement. Mitigation of the upland buffer will be required
as described in Subd. 9. 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) Fill placed within the wetland shall not be included when determining the
required Upland Buffer Zone or Setback requirements.
(0 Wetlands and Upland Buffer Zones shall be protected by a conservation easement
to be given by the Applicant in favor of the city. Any alterations, including, but
not limited to, building, paving, mowing, introduction of Non-native Vegetation,
cutting, filling, dumping, yard waste disposal, fertilizer application, activities not
permitted by the WCA shall be prohibited within the Wetland and Upland Buffer
Zone. However, Non-native Vegetation or dead or diseased trees that pose a
hazard may be removed.
Subd. 6. Upland Buffer Zone Markers. All Upland Buffer Zones shall be equipped with
markers that denote that the areas are Upland Buffer Zones. The Applicant shall be responsible
for the costs of the installation and construction of the markers. At a minimum, one marker shall
be placed per lot at the upslope edge of the Upland Buffer Zone and then placed every 250 feet
thereafter and on all common lot lines.
(a) Proposed locations of the markers shall be shown on the grading or site plan for the
property. The location of the markers shall capture the portion of the Upland Buffer
325342v1 SJS ME230-5
10
Zone that extends the furthest upslope into the lot. A plan that shows the location of
the marker shall be provided to the city for its review and approval.
(b) Artwork and verbiage on the sign shall face the principal structure.
(c) Sign dimensions, specifications, verbiage, and artwork shall be specified by the city
and provided to the Applicant.
Subd. 7. Vegetation Performance Standards.
(a) Where acceptable natural vegetation exists in an Upland Buffer Zone, the
retention of the natural vegetation in an undisturbed state shall be required unless
the Applicant receives approval from the city to replace the vegetation. An
Upland Buffer Zone will be considered to have acceptable natural vegetation if it:
(0 is composed of less then twenty-five percent Weeds;
(ii) has exposed soil that is less than five percent and the remainder of the
Wetland Buffer Zone is covered by Native Vegetation; and
iii does not contain any maintained turf grass.
(b) Where a Upland Buffer Zone or a portion thereof is not considered to be acceptable
or is allowed by the city to be disturbed, a Upland Buffer Zone landscaping plan
must be submitted to the city for approval. The landscaping plan must involve the
seeding or planting of a minimum of at least four species of native grasses and five
species of native forbs and a cover crop. The seed mix shall consist of at least 15
pounds of pure live seed (PLS) per acre and the cover crop shall be at least 20
pounds per acre. If planting is proposed, spacing between plants shall not exceed
three feet unless approved by City Engineer. The landscape plan shall be approved
by the City Engineer. 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.
325342v1 SJS ME230-5
11
(c) In cases where an Upland Buffer Zone is required and the vegetation is
considered to be unacceptable or will be disturbed, the city may require an
approved form of a financial guarantee equal to 150 percent of the estimated cost
of the vegetation installation. The financial guarantee must valid for up to two
years and may be used by the city for compliance inspections and establishment
of the required vegetation if it is not completed by Applicant or is deemed
unsuccessful by the city. Vegetation will be deemed by the city to be successful
if the area has a minimum of one plant per square foot from the specified seed
mix or planting plan and less than twenty-five percent of the area is inhabited by
Weeds.
Subd. 8. Maintenance. The property owner or homeowners' association shall be responsible for
maintaining the Upland Buffer Zones on the property. Maintenance shall include the following:
(a) Maintain and repair any damage to the Wetland Buffer Zone from activities such
as mowing, cutting or grading, unless the activities are approved by the city.
(b) Ensure that all soil surfaces in the Wetland Buffer Zone are planted with Native
Vegetation and that there is less then five percent of open soil surface which may
result in erosion.
Subd. 9. Wetland and Upland Buffer Zone Mitigation.
(a) In cases where Wetland or Upland Buffer Zone alteration is approved by the city
and mitigation is required, the mitigation must result in equal or improved
Wetland function and value. All Wetland mitigation plans must address water
quality improvement, maintenance of preexisting hydrological balance and
wildlife habitat. Wetland mitigation must be performed at the ratios required by
the WCA in order to achieve the replacement of the Wetland function and value.
(b) The following shall be required by the city for any Wetland or Upland Buffer
Zone mitigation:
(a) Wetland mitigation shall conform to the requirements of the WCA.
Upland Buffer Zones shall be required to be replaced on the fill slope and
elsewhere along the edge of the existing Wetland to meet the required area
required by this section for an Upland Buffer Zone. If a Wetland is to be
completely filled pursuant to an approved Wetland permit, the Upland
Buffer Zone area requirement associated with the classification of that
Wetland will be also required for the replacement Wetland unless the
replacement is occurring adjacent to a Wetland with a classification that
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.
325342v1 SJS ME230-5
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(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 parry of the requirements of this section, all other applicable official
controls and the nature and extent of the suspected violation of these controls. If
the structure or use is under construction or development, the city may order the
construction or development to be immediately stopped until the property is
brought into compliance with this section. If the construction or development has
already been completed, then the city may issue an order identifying the
corrective actions that must be made within a specified time period to bring the
use or structure into compliance with this section.
(c) Appeal. The offending party may appeal the city's correction order to the city
council. An appeal must be brought in writing no later than ten days from the
date of the notice.
(d) Failure to Correct. If the offending party does not correct the work within the
specified date on the notice and no appeal has been taken within ten days of the
notice, the city may enter the property and perform the corrective work. Any
amount incurred by the city in performing the corrective work may be certified by
the city to the county for collection with the property taxes.
(e) Penalties. Any person who violates any provision of this section shall be guilty of
a misdemeanor and shall be subject to a maximum fine or maximum period of
imprisonment, or both, as specified by Minnesota Statutes Section 609.03. Each
additional day that the property remains in violation of this section shall
constitute an additional violation of this section and may be prosecuted
accordingly.
(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.
325342v1 SJS ME230-5
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SECTION III. Medina Code Section 831.05, subdivision 9 is amended by deleting the stricken
material as follows:
Section 831.05. Lot, Setbacks and Building Size Requirements. The following minimum
requirements shall be observed, subject to additional requirements, exceptions and modifications
set forth in other sections of this ordinance. (When setback provisions overlap, the most
restrictive provisions of both setbacks shall apply. See Figure 1.)
Subd. 9. Wetland Setback: Shall be a minimum of 10 feet and such setback shall be natural
vegetation but shall not be a mowed and/or fertilized lawn.
SECTION IV. Medina Code Section 831.07, subdivision 1 is amended by deleting the stricken
material as follows:
Section 831.07. Design and Development Standards. Design and development standards are
established for this district to achieve a high standard of development by providing assurance
that land uses, buildings, and functions are compatible within the district and with adjacent
districts. The plans and the proposed use of a property shall conform to the design and
development standards prior to approval of any permit. The applicant or owner shall supply data
necessary to demonstrate such conformance.
Subd. 1. Design and development standards — all uses: The following design and development
standards are identified for all uses. Additional standards may be identified during the review
and approval process, due to the particular characteristics of each site, the proposed development
of the site, and the uses on adjacent property.
(a) Site Analysis — A complete analysis of the site shall be made and a site analysis
map shall be prepared as defined by this ordinance. The analysis map shall then
be used to determine how the site shall be used and to identify the appropriate
arrangement of the various components to the development. A site plan shall then
be prepared as defined by this ordinance.
(b) Landscape Plan — A landscape plan shall be prepared. The landscape plan must
include existing trees and landscaping to be retained. The plan must show new
landscaping including ground cover, shrubs, and trees by type, size, and spacing.
The plan must also include planting methods, walls and fences, if any, (which
must be decorative), plazas, fountains, sculptures, all outdoor lights, and other
relevant features.
(c) Building Plan - A building plan shall be prepared and include at least the
following : a generalized floor plan for each floor, uses, elevation plans for each
side of the building showing proposed color and type of materials, fenestration,
any rooftop equipment and proposed screening materials, size and square footage,
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.
325342v1 SJS ME230-5
14
(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).
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
325342v1 SJS ME230-5
15
be used to determine how the site shall be used and to identify the appropriate
arrangement of the various components to the development. A site plan shall then
be prepared as defined by this ordinance
(b) Landscape Plan — A landscape plan shall be prepared. The landscape plan must
include existing trees and landscaping to be retained. The plan must show new
landscaping including ground cover, shrubs, and trees by type, size, and spacing.
The plan must also include: planting methods, walls and fences, if any, (which
must be decorative), plazas, fountains, sculptures, all outdoor lights, and other
relevant features.
(c) Building Plan — The building plan shall be prepared and include at least the
following: a generalized floor plan for each floor, uses, elevation plans for each
side of the building showing proposed color and type of materials, fenestration,
any rooftop equipment and proposed screening materials, size and square footage,
number of parking stalls in the building or in the ramp or deck, if any, building
size, building height, exterior lighting, signage if any, and any other relevant
features.
(d) Utilities — All utilities shall be placed underground. Transformers and similar
equipment, if any, should be located inside a building or shall be fully screened
from view.
(e) Signage — A coordinated signage system for the building and access may have to
be provided.
(0 Grade Preserved — In general, existing landforms and grades on the site are
expected to be preserved. Some change may be appropriate to accommodate the
principal building, construct required berms, and achieve reasonable grades for
access drives. No grading or tree removal shall take place prior to approval of a
specific site plan for the site.
(g)
Natural Drainage — To the extent possible, development plans shall provide an
open, natural drainage system, except for such portions where it can be shown
that a natural system is not feasible. The volume and speed of runoff shall be
minimized. Flow shall be dispersed and directed in a manner that supports and
enhances natural drainage and enhances water quality. Ponds will only be allowed
when no other feasible alternative exists.
(h) Wetland Setback (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:
325342v1 SJS ME230-5
16
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
wet -land setback or other required setbacks shall be used for building, storage, or other functions
except for recreation and open spaces uses. When setback provisions overlap, the most
restrictive provision of both setbacks apply. (See also Impervious Coverage in the Design and
Development Standard — all uses)
SECTION VIII. Medina Code Section 833.07, subdivision 1 is amended by deleting the stricken
material as follows:
Section 833.07. Design and Development Standards. Design and development standards are
established for this district to achieve a high standard of development by providing assurance
that land uses, buildings, and functions are compatible within the district and with adjacent
districts. The plans and the proposed use of a property shall conform to the design and
development standards prior to approval of any permit. The applicant or owner shall supply
plans and data necessary to demonstrate such conformance.
Subd. 1. Design and development standards — all uses: The following design and
development standards are identified for all uses. Additional standards may be identified during
the review and approval process, due to the particular characteristics of each site, the proposed
development of the site, and the uses on adjacent property.
(a) Site Analysis — A complete analysis of the site shall be made and a site analysis map
shall be prepared as defined by this ordinance. The analysis map shall then be used to
determine how the site shall be used and to identify the appropriate arrangement of the
various components to the development. A site plan shall then be prepared as defined by
this ordinance.
(b) Landscape Plan — A landscape plan shall be prepared. The landscape plan must include
existing trees and landscaping to be retained. The plan must show new landscaping
including ground cover, shrubs, and trees by type, size and spacing. The plan must also
include: planting methods, walls and fences, if any, (which must be decorative), plazas,
fountains, sculptures, all outdoor lights, and other relevant features.
(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
325342v1 SJS ME230-5
17
building or in the ramp or deck, if any, building size, building height, exterior lighting,
signage if any, and any other relevant features.
(d) Utilities — All utilities shall be placed underground. Transformers and similar equipment,
if any, should be located inside a building or shall be fully screened from view.
(e) Signage — A coordinated signage system for the building and access may have to be
provided.
(0 Grade Preserved — On developed sites existing grades are expected to be retained, except
for expansion of existing buildings which need to meet the existing building grade and
for construction of berms or similar features. In developing new sites, significant
landforms and grades need to be included in the plan with some change allowed to
accommodate the principle building, required berms, and achieve reasonable grades for
parking, access and drives.
(g)
Natural Drainage — To the extent possible, development plans shall provide an open,
natural drainage system, except for such portions where it can be shown that a natural
system is not feasible. The volume and speed of runoff shall be minimized. Flow shall
be dispersed and directed in a manner that supports and enhances natural drainage and
enhances water quality. Ponds will only be allowed when no other feasible alternative
exists.
(h) Wetland Setback (See section titled, Lot, Setback and Building Size Requirements)
SECTION IX. Medina Code Section 835.05 is amended by deleting the stricken material and
adding the underlined material as follows:
Section 835.05. Lot, Setbacks, Building Size Requirements and Sanitary Sewer Usage Rate. The
following minimum requirements shall be observed, subject to additional requirements,
exceptions and modifications set forth in other sections of this ordinance.
wetland greater than 1 acre, which setback shall be kept in natural vegetation and shall not be a
mowed and/or fertilized lawn.
Subd. 12. Limitations on Setbacks: No required front yard, side yard, rear yard or and wet -land
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.
Adopted by the city council of the city of Medina this _day of , 2007.
325342v1 SJS ME230-5
18
T.M. Crosby, Jr., Mayor
ATTEST:
Chad M. Adams, City Administrator
Published in the South Crow River News this day of , 2007.
325342v1 SJS ME230-5
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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.
325342v1 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
325342v1 SJS ME230-5
2
(iii) answering technical questions and participating in monitoring of replacement
wetlands; and
(iv) participating in the monitoring of banked wetlands.
Subd. 6. Exemptions. A landowner may apply for a certificate granting an exemption from
the provisions of this subsection for the purposes of draining or filling a wetland. An exemption
certificate shall be granted pursuant to the following conditions:
(a) receipt from the applicant by the city council of satisfactory evidence that the wetland to
be drained or filled meets the exemption criteria contained in the Rules;
(b) a finding by the technical evaluation panel that the wetland meets the exemption criteria
contained in the Rules, if such a finding is deemed necessary by the city council; and
(c) receipt by the applicant from the city of a certificate granting an exemption from the
provisions of this subsection.
The city shall mail a copy of its decision to the landowner and other persons to whom such
notice is required within the time periods set forth in the Act and the Rules.
Subd. 7. No loss. A landowner uncertain whether proposed work will result in a loss of
wetlands may apply for a no loss determination. No loss determinations shall be made by the city
council pursuant to the following conditions:
(a) receipt from the applicant by the city council of satisfactory evidence of one of the
following conditions:
(i) the work will not drain or fill a wetland;
(ii) water level management activities will not result in the conversion of a wetland
to another land use;
(iii) the activities are in a surface impoundment for containment of fossil fuel
combustion waste or water retention, and are not part of a compensatory
wetland mitigation program; or
(iv) the activity is being conducted as part of an approved replacement plan or is
conducted or authorized by public agencies for the purpose of wetland
restoration and the activity is restricted to placing fill in a previously
excavated drainage system to restore a wetland to its original condition; and
(b) a finding by the technical evaluation panel that the criteria set forth in this subdivision
have been satisfied, if such a finding is deemed necessary by the city council.
Subd. 8. Replacement Plan Decisions.
325342v1 SJS ME230-5
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(a) A landowner intending to drain or fill a wetland who does not qualify for or fails to
obtain an exemption or no loss determination shall obtain approval of a replacement
plan from the city council. Replacement plans intended to mitigate activities within
the city must involve the replacement or rehabilitation of properties pursuant to the
location requirements set forth in the Rules.
(b) Replacement plan decisions under this subsection shall be made pursuant to the
following procedures:
(i) The applicant must submit the proposed plans to the city.
(ii) If the applicant proposes to undertake an activity affecting less than 10,000
square feet of wetland, the city shall, within ten days of receiving the
application, mail a summary of the application, including the identity of the
applicant, the location and scope of the project, and a statement as to the
duration of the time period on which comments on the application will be
received, to the technical evaluation panel, the state commissioner of natural
resources, and individual members of the public who have requested a copy.
(iii) If the applicant proposes to undertake an activity affecting 10,000 square feet or
more of wetland, the city shall, within ten days of receiving the application,
mail a copy of the application, an invitation to comment, and a statement as
to the duration of the time period on which comments on the application will
be received, to the technical evaluation panel, the watershed district or water
management organization in which the wetland is located, the state
commissioner of natural resources, and individual members of the public
who have requested a copy.
(iv) The city council shall base decisions concerning replacement plans on the
standards set forth in the Rules and on any technical determinations of the
technical evaluation panel concerning the public values, location, size, and
type of the affected wetland. The city shall mail a copy of its decision to the
landowner and other persons to whom such notice is required within the time
periods set forth in the Act and the Rules.
(c) The city may at any time inspect any activity or project undertaken under this
subdivision to ensure compliance with the Act, the Rules, and this subsection. In the
event that the activity or project is not in compliance with the Act, the Rules, or this
subsection, the city may take anv enforcement action available under the state law,
the Rules, or the Medina city code.
Subd. 9. Wetland Banking. Upon application by a landowner, the city council shall
determine whether a wetland shall be certified as eligible for deposit in the state wetland bank. The
city council shall certify a wetland as eligible for deposit in the state wetland bank pursuant to the
325342v1 SJS ME230-5
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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 Natural Resources as native in the Minnesota
Native Plant Database. Native vegetation does not include weeds as defined by
this section.
325342v1 SJS ME230-5
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(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. 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 in the office of the zoning administrator. It shall be available for public
review during all normal city office hours.
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Subd. 3. General Provisions.
(a) In order to protect Wetlands, this section incorporates by reference the WCA and
any future amendments to the WCA that are adopted by the Legislature. In the
event that any requirements of this section are inconsistent with the WCA, the
stricter provision that provides the most protection for Wetlands shall apply.
(b) Applicability. This section shall apply to all property containing Wetlands in the
following circumstances:
(i) When any new development activity occurs on the property. For purposes
of this section, "new development activity" means:
(A) Any land use application submitted to the city, including but not
limited to: subdivisions, minor subdivisions, site plan reviews,
rezonings, or conditional use permits; or
a) Construction of a structure having a footprint greater than 1500
square feet that is on a permanent foundation.
(ii) A soil disturbance greater than one half of an acre, regardless of whether
the grading is associated with a land use application, a building permit or
reconstruction. Soil disturbance involved with agricultural activities, shall
be excluded; or
iii When any construction or land alteration activity that does not fall within
any of the above categories, but the city has determined has the potential
to adversely impact a Wetland. For purposes of this section, "the potential
to adversely impact a Wetland" exists when all of the following conditions
are present:
(A) The portion of the property to be disturbed by construction or land
alteration activity naturally drains to a Wetland; and
(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 feet of the Wetland.
(c) Exemptions. The requirements of this section shall not apply to the following:
(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
325342v1 SJS ME230-5
7
(ii) Reconstruction of a legal non -conforming structure that was destroyed by
fire or other peril that is permitted to be reconstructed by city code and state
statute;
Subd.4. Application Materials. An Applicant shall submit the following
information to the city along with all other materials required by city code with respect to any
land use application or permit application:
(a) A grading plan (if grading is proposed);
(b) The square footage of the proposed structure and any impervious surface;
(c) A Wetland delineation report. It is the responsibility of the Applicant to
determine whether Wetlands exist on the property by completing a Wetland
delineation and submitting a Wetland delineation report. The following shall
apply to the Wetland delineation report:
(i) The report must delineate and document the boundaries of any Wetlands on
the property in accordance with the WCA requirements.
(ii) The City may require that the Wetland delineation be performed by a
certified Wetland delineator. The Wetland delineation must be performed
according to the 1987 U.S. Army Corps of Engineers Wetland Delineation
Manual and subsequent amendments, and be acceptable to the city engineer.
The city engineer shall have complete discretion in determining whether the
Wetland delineation report is acceptable.
tbD The report must state the WMCM classifications for all Wetlands located on
the property. All Wetlands on the property must be given the same
classification that they are given in the WMCM. However, the Applicant
may appeal a Wetland's classification through the process described below.
If a Wetland on the property is not shown or classified on the WMCM, the
Applicant must submit a completed electronic copy of the MnRAM (version
3.0) form for the Wetland to the city. The MnRAM form must be filled out
by a person trained in Wetland science.
iv Wetland delineations and any required MnRAM classifications must be
completed by the Applicant between April 20th and October 20th of the
given year and must be submitted to the city for review no later than
November 1 st. A Wetland delineation completed outside these dates or
submitted later than November 1st will be considered to be incomplete.
(v) Wetland classification appeal. In the event that the Applicant is not in
agreement with a Wetland's classification, the Applicant may appeal the
classification to the city. The Applicant shall include documentation with the
325342v1 SJS ME230-5
8
appeal that supports the Applicant's position. The appeal will be reviewed
by city staff and decided by a technical evaluation panel, members of which
will be determined by the city council. The technical evaluation panel shall
make a determination on the appeal within forty-five days of filing a
complete appeal application. The Applicant may appeal the technical
evaluation panel's decision to the city council. The appeal must be filed
within thirty days of the technical evaluation panel's decision.
(vi) The city shall place any approved Wetland classifications on the WMCM.
(d) A certificate of survey or site plan that shows the Upland Buffer Zones and
setbacks to the Wetlands on the property;
(e) If required, an Upland Buffer Zone landscaping plan;
(f) Any submittals required by the WCA;
(g) Legal descriptions of the Wetlands and Upland Buffer Zones. Wetlands and
Upland Buffer Zones shall be protected by a conservation easement to be given to
the city. The city will provide the conservation easement form; and
(h) Deposit funds an escrow in an amount to be determined by the city to be used for
any expenses incurred by the City in completing its review of the Wetland
delineation report, wetland ordinance compliance review, completing a review of
a classification appeal, and, if appropriate, developing a Wetland boundary
estimate and determining if the Upland Buffer Zones proposed by the Applicant
meet the requirements of this section.
Subd. 5. Upland Buffer Zone and Required Structure Setbacks.
(a)
The following table denotes the required Upland Buffer Zone for each Wetland
which is based on the Wetland's classification. However, if the area of the
Upland Buffer Zone has a preconstruction slope that exceeds twelve percent, the
required Upland Buffer Zone shall be the maximum width required for a Upland
Buffer Zone for that particular Wetland. If approved by city staff, the Upland
Buffer Zone's width may be adjusted along the Wetland's boundaries to be less
than the average width required by this section, so long as it does not fall below
the minimum width requirements of this section and meets the overall area of the
required buffer average.
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
325342v1 SJS ME230-5
9
Manage 1
35 feet
25 feet
20 feet
Manage 2
25 feet
25 feet
20 feet
Manage 3
20 feet
16 feet
20 feet
(b) All Upland Buffer Zones shall be measured from the edge of the delineated
Wetland as approved by the City into the adjacent upland area.
(c) Where existing structures or surfaces are located within an area that would be
required to be included in an Upland Buffer Zone, alternative methods to protect
the Wetland may be approved by the city council in order to avoid creating
unreasonable impacts on the existing use of the property. Such methods may
include, but are not limited to, Upland Buffer Zone width averaging below the
minimum required, redirection of drainage to an area where the Upland Buffer
Zone is feasible while still maintaining the drainage to the Wetland or the use of
rainwater gardens, vegetated swales or other best management practices for
treating runoff.
(d) For roadways, trails, and driveways, or portions thereof that are routed across a
Wetland under an approved WCA Permit Application, Upland Buffer Zones will
be required on the fill slope but fill shall not be expanded to accommodate the
Upland Buffer Zone requirement. Mitigation of the upland buffer will be required
as described in Subd. 9. 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) Fill placed within the wetland shall not be included when determining the
required Upland Buffer Zone or Setback requirements.
(0 Wetlands and Upland Buffer Zones shall be protected by a conservation easement
to be given by the Applicant in favor of the city. Any alterations, including, but
not limited to, building, paving, mowing, introduction of Non-native Vegetation,
cutting, filling, dumping, yard waste disposal, fertilizer application, activities not
permitted by the WCA shall be prohibited within the Wetland and Upland Buffer
Zone. However, Non-native Vegetation or dead or diseased trees that pose a
hazard may be removed.
Subd. 6. Upland Buffer Zone Markers. All Upland Buffer Zones shall be equipped with
markers that denote that the areas are Upland Buffer Zones. The Applicant shall be responsible
for the costs of the installation and construction of the markers. At a minimum, one marker shall
be placed per lot at the upslope edge of the Upland Buffer Zone and then placed every 250 feet
thereafter and on all common lot lines.
(a) Proposed locations of the markers shall be shown on the grading or site plan for the
property. The location of the markers shall capture the portion of the Upland Buffer
325342v1 SJS ME230-5
10
Zone that extends the furthest upslope into the lot. A plan that shows the location of
the marker shall be provided to the city for its review and approval.
(b) Artwork and verbiage on the sign shall face the principal structure.
(c) Sign dimensions, specifications, verbiage, and artwork shall be specified by the city
and provided to the Applicant.
Subd. 7. Vegetation Performance Standards.
(a) Where acceptable natural vegetation exists in an Upland Buffer Zone, the
retention of the natural vegetation in an undisturbed state shall be required unless
the Applicant receives approval from the city to replace the vegetation. An
Upland Buffer Zone will be considered to have acceptable natural vegetation if it:
(0 is composed of less then twenty-five percent Weeds;
(ii) has exposed soil that is less than five percent and the remainder of the
Wetland Buffer Zone is covered by Native Vegetation; and
iii does not contain any maintained turf grass.
(b) Where a Upland Buffer Zone or a portion thereof is not considered to be acceptable
or is allowed by the city to be disturbed, a Upland Buffer Zone landscaping plan
must be submitted to the city for approval. The landscaping plan must involve the
seeding or planting of a minimum of at least four species of native grasses and five
species of native forbs and a cover crop. The seed mix shall consist of at least 15
pounds of pure live seed (PLS) per acre and the cover crop shall be at least 20
pounds per acre. If planting is proposed, spacing between plants shall not exceed
three feet unless approved by City Engineer. The landscape plan shall be approved
by the City Engineer. 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.
325342v1 SJS ME230-5
11
(c) In cases where an Upland Buffer Zone is required and the vegetation is
considered to be unacceptable or will be disturbed, the city may require an
approved form of a financial guarantee equal to 150 percent of the estimated cost
of the vegetation installation. The financial guarantee must valid for up to two
years and may be used by the city for compliance inspections and establishment
of the required vegetation if it is not completed by Applicant or is deemed
unsuccessful by the city. Vegetation will be deemed by the city to be successful
if the area has a minimum of one plant per square foot from the specified seed
mix or planting plan and less than twenty-five percent of the area is inhabited by
Weeds.
Subd. 8. Maintenance. The property owner or homeowners' association shall be responsible for
maintaining the Upland Buffer Zones on the property. Maintenance shall include the following:
(a) Maintain and repair any damage to the Wetland Buffer Zone from activities such
as mowing, cutting or grading, unless the activities are approved by the city.
(b) Ensure that all soil surfaces in the Wetland Buffer Zone are planted with Native
Vegetation and that there is less then five percent of open soil surface which may
result in erosion.
Subd. 9. Wetland and Upland Buffer Zone Mitigation.
(a) In cases where Wetland or Upland Buffer Zone alteration is approved by the city
and mitigation is required, the mitigation must result in equal or improved
Wetland function and value. All Wetland mitigation plans must address water
quality improvement, maintenance of preexisting hydrological balance and
wildlife habitat. Wetland mitigation must be performed at the ratios required by
the WCA in order to achieve the replacement of the Wetland function and value.
(b) The following shall be required by the city for any Wetland or Upland Buffer
Zone mitigation:
(a) Wetland mitigation shall conform to the requirements of the WCA.
Upland Buffer Zones shall be required to be replaced on the fill slope and
elsewhere along the edge of the existing Wetland to meet the required area
required by this section for an Upland Buffer Zone. If a Wetland is to be
completely filled pursuant to an approved Wetland permit, the Upland
Buffer Zone area requirement associated with the classification of that
Wetland will be also required for the replacement Wetland unless the
replacement is occurring adjacent to a Wetland with a classification that
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.
325342v1 SJS ME230-5
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(c) Upland Buffer Zones may be utilized for Wetland mitigation credits if
they meet the requirements of the WCA.
Subd. 10. Variance. A variance from the requirements of this section may be granted by
the city council in accordance with the variance provisions of the city code, so long as the
variance does not violate the WCA or any other applicable state statutes or rules.
Subd. 11. Enforcement.
(a) Investigation. When a violation of this section is either discovered by or brought
to the attention of the city, the city shall immediately investigate the situation and
document the nature and extent of the violation.
(b) Notice of the Violation. If a violation is found to exist, the city shall notify the
offending party of the requirements of this section, all other applicable official
controls and the nature and extent of the suspected violation of these controls. If
the structure or use is under construction or development, the city may order the
construction or development to be immediately stopped until the property is
brought into compliance with this section. If the construction or development has
already been completed, then the city may issue an order identifying the
corrective actions that must be made within a specified time period to bring the
use or structure into compliance with this section.
(c) Appeal. The offending party may appeal the city's correction order to the city
council. An appeal must be brought in writing no later than ten days from the
date of the notice.
(d) Failure to Correct. If the offending party does not correct the work within the
specified date on the notice and no appeal has been taken within ten days of the
notice, the city may enter the property and perform the corrective work. Any
amount incurred by the city in performing the corrective work may be certified by
the city to the county for collection with the property taxes.
(e) Penalties. Any person who violates any provision of this section shall be guilty of
a misdemeanor and shall be subject to a maximum fine or maximum period of
imprisonment, or both, as specified by Minnesota Statutes Section 609.03. Each
additional day that the property remains in violation of this section shall
constitute an additional violation of this section and may be prosecuted
accordingly.
(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.
325342v1 SJS ME230-5
13
SECTION III. Medina Code Section 831.05, subdivision 9 is amended by deleting the stricken
material as follows:
Section 831.05. Lot, Setbacks and Building Size Requirements. The following minimum
requirements shall be observed, subject to additional requirements, exceptions and modifications
set forth in other sections of this ordinance. (When setback provisions overlap, the most
restrictive provisions of both setbacks shall apply. See Figure 1.)
Subd. 9. Wetland Setback: Shall be a minimum of 10 feet and such setback shall be natural
vegetation but shall not be a mowed and/or fertilized lawn.
SECTION IV. Medina Code Section 831.07, subdivision 1 is amended by deleting the stricken
material as follows:
Section 831.07. Design and Development Standards. Design and development standards are
established for this district to achieve a high standard of development by providing assurance
that land uses, buildings, and functions are compatible within the district and with adjacent
districts. The plans and the proposed use of a property shall conform to the design and
development standards prior to approval of any permit. The applicant or owner shall supply data
necessary to demonstrate such conformance.
Subd. 1. Design and development standards — all uses: The following design and development
standards are identified for all uses. Additional standards may be identified during the review
and approval process, due to the particular characteristics of each site, the proposed development
of the site, and the uses on adjacent property.
(a) Site Analysis — A complete analysis of the site shall be made and a site analysis
map shall be prepared as defined by this ordinance. The analysis map shall then
be used to determine how the site shall be used and to identify the appropriate
arrangement of the various components to the development. A site plan shall then
be prepared as defined by this ordinance.
(b) Landscape Plan — A landscape plan shall be prepared. The landscape plan must
include existing trees and landscaping to be retained. The plan must show new
landscaping including ground cover, shrubs, and trees by type, size, and spacing.
The plan must also include planting methods, walls and fences, if any, (which
must be decorative), plazas, fountains, sculptures, all outdoor lights, and other
relevant features.
(c) Building Plan - A building plan shall be prepared and include at least the
following : a generalized floor plan for each floor, uses, elevation plans for each
side of the building showing proposed color and type of materials, fenestration,
any rooftop equipment and proposed screening materials, size and square footage,
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.
325342v1 SJS ME230-5
14
(d) Utilities — All utilities shall be placed underground. Transformers and similar
equipment, if any, should be located inside a building or shall be fully screened
from view.
(e) Signage — A coordinated signage system for the building and access may have to
be provided.
(0 Natural Features and Drainage — Retaining existing land forms on the site is
encouraged especially when it involves natural amenities such as mature trees and
natural drainage. Protection of Elm Creek is required by the shoreland ordinance.
Natural vegetation enhancement along the creek is encouraged. Plans which
restore natural vegetation along the creek may be given up to a 25 percent
reduction in one or two of the yard setbacks.
{g) Wetland Setback (See section titled Lot, Setback and Building Size
Requirements and Figure 1)
SECTION V. Medina Code Section 832.05, subdivision 9 is amended by deleting the Gtricken
material as follows:
Section 832.05. Lot, Setback and Building Size Requirements. The following minimum
requirements shall be observed, subject to additional requirements, exceptions and modifications
set forth in other sections of this ordinance (When setback provisions overlap, the most
restrictive provisions of both setbacks shall apply. See Figure 1).
Subd. 9. Wetland Setback: Shall be a minimum of 25 feet for a wetland less than 1 acre and 50
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
325342v1 SJS ME230-5
15
be used to determine how the site shall be used and to identify the appropriate
arrangement of the various components to the development. A site plan shall then
be prepared as defined by this ordinance.
(b) Landscape Plan — A landscape plan shall be prepared. The landscape plan must
include existing trees and landscaping to be retained. The plan must show new
landscaping including ground cover, shrubs, and trees by type, size, and spacing.
The plan must also include: planting methods, walls and fences, if any, (which
must be decorative), plazas, fountains, sculptures, all outdoor lights, and other
relevant features.
(c) Building Plan — The building plan shall be prepared and include at least the
following: a generalized floor plan for each floor, uses, elevation plans for each
side of the building showing proposed color and type of materials, fenestration,
any rooftop equipment and proposed screening materials, size and square footage,
number of parking stalls in the building or in the ramp or deck, if any, building
size, building height, exterior lighting, signage if any, and any other relevant
features.
(d) Utilities — All utilities shall be placed underground. Transformers and similar
equipment, if any, should be located inside a building or shall be fully screened
from view.
(e) Signage — A coordinated signage system for the building and access may have to
be provided.
(0 Grade Preserved — In general, existing landforms and grades on the site are
expected to be preserved. Some change may be appropriate to accommodate the
principal building, construct required berms, and achieve reasonable grades for
access drives. No grading or tree removal shall take place prior to approval of a
specific site plan for the site.
(g)
Natural Drainage — To the extent possible, development plans shall provide an
open, natural drainage system, except for such portions where it can be shown
that a natural system is not feasible. The volume and speed of runoff shall be
minimized. Flow shall be dispersed and directed in a manner that supports and
enhances natural drainage and enhances water quality. Ponds will only be allowed
when no other feasible alternative exists.
(h) Wetland Setback (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:
325342v1 SJS ME230-5
16
Section 833.05. Lot, Setback and Building Size Requirements. The following minimum
requirements shall be observed, subject to additional requirements, exceptions and modifications
set forth in other sections of this ordinance (when setback provisions overlap, the most restrictive
provisions of both setbacks shall apply.) See Figure 1.
Subd. 9. Wetland Setback: Shall be a minimum of 25 feet for a wetland less than 1 acre
and 50 feet for wetlands greater than 1 acre, and such setback shall be natural vegetation, but
shall not be a mowed and/or fertilized lawn.
Subd. 12. Limitations on Setbacks: No required front yard, side yard, or rear yard and
wetland setback or other required setbacks shall be used for building, storage, or other functions
except for recreation and open spaces uses. When setback provisions overlap, the most
restrictive provision of both setbacks apply. (See also Impervious Coverage in the Design and
Development Standard — all uses)
SECTION VIII. Medina Code Section 833.07, subdivision 1 is amended by deleting the stricken
material as follows:
Section 833.07. Design and Development Standards. Design and development standards are
established for this district to achieve a high standard of development by providing assurance
that land uses, buildings, and functions are compatible within the district and with adjacent
districts. The plans and the proposed use of a property shall conform to the design and
development standards prior to approval of any permit. The applicant or owner shall supply
plans and data necessary to demonstrate such conformance.
Subd. 1. Design and development standards — all uses: The following design and
development standards are identified for all uses. Additional standards may be identified during
the review and approval process, due to the particular characteristics of each site, the proposed
development of the site, and the uses on adjacent property.
(a) Site Analysis — A complete analysis of the site shall be made and a site analysis map
shall be prepared as defined by this ordinance. The analysis map shall then be used to
determine how the site shall be used and to identify the appropriate arrangement of the
various components to the development. A site plan shall then be prepared as defined by
this ordinance.
(b) Landscape Plan — A landscape plan shall be prepared. The landscape plan must include
existing trees and landscaping to be retained. The plan must show new landscaping
including ground cover, shrubs, and trees by type, size and spacing. The plan must also
include: planting methods, walls and fences, if any, (which must be decorative), plazas,
fountains, sculptures, all outdoor lights, and other relevant features.
(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
325342v1 SJS ME230-5
17
building or in the ramp or deck, if any, building size, building height, exterior lighting,
signage if any, and any other relevant features.
(d) Utilities — All utilities shall be placed underground. Transformers and similar equipment,
if any, should be located inside a building or shall be fully screened from view.
(e) Signage — A coordinated signage system for the building and access may have to be
provided.
(0 Grade Preserved — On developed sites existing grades are expected to be retained, except
for expansion of existing buildings which need to meet the existing building grade and
for construction of berms or similar features. In developing new sites, significant
landforms and grades need to be included in the plan with some change allowed to
accommodate the principle building, required berms, and achieve reasonable grades for
parking, access and drives.
(g)
Natural Drainage — To the extent possible, development plans shall provide an open,
natural drainage system, except for such portions where it can be shown that a natural
system is not feasible. The volume and speed of runoff shall be minimized. Flow shall
be dispersed and directed in a manner that supports and enhances natural drainage and
enhances water quality. Ponds will only be allowed when no other feasible alternative
exists.
(h) Wetland Setback (See section titled, Lot, Setback and Building Size Requirements)
SECTION IX. Medina Code Section 835.05 is amended by deleting the stricken material and
adding the underlined material as follows:
Section 835.05. Lot, Setbacks, Building Size Requirements and Sanitary Sewer Usage Rate. The
following minimum requirements shall be observed, subject to additional requirements,
exceptions and modifications set forth in other sections of this ordinance.
wetland greater than 1 acre, which setback shall be kept in natural vegetation and shall not be a
mowed and/or fertilized lawn.
Subd. 12. Limitations on Setbacks: No required front yard, side yard, rear yard or and wet-tafild
setback or other required setbacks shall be used for building, or other use. No impervious surface
shall be located in any required setback except for approved driveways, parking lot, walks, and
trails approved by the City. When setback provisions overlap, the most restrictive provision of
both setbacks applies.
SECTION X. This ordinance shall become effective upon its adoption and publication.
Adopted by the city council of the city of Medina this _day of , 2007.
325342v1 SJS ME230-5
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T.M. Crosby, Jr., Mayor
ATTEST:
Chad M. Adams, City Administrator
Published in the South Crow River News this day of , 2007.
325342v1 SJS ME230-5
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