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Home My Public Portal About01-12-2021 Planning Commission PacketMEDINA PLANNING COMMISSION AGENDA TUESDAY, JANUARY 12, 2021 7:00 P.M. Meeting to be held telephonically/electronically pursuant to Minn. Stat. Sec. 13D.021 Call -in Information: 612-517-3122 (Conference ID 143 102 447#) Electronic access (via Microsoft Teams): link available at https://medinamn.us/pc 1. Ca11 to Order 2. Introduction of Planning Commissioners 3. Election of 2021 Planning Commission Officers a. Chair b. Vice Chair 4. Public Comments on items not on the agenda 5. Update from City Council proceedings 6. Planning Department Report 7. Public Hearing — Lothar and Mona Krinke— 2905 Willowood Farm Rd — Conditional Use Permit for construction of approximately 12,600 square foot addition to existing barn for indoor riding arena 8. Public Hearing — Ordinance Amendment — Chapter 8 of the City Code — Pertaining to stormwater management requirements 9. Approval of December 8, 2020 Planning Commission Minutes 10. Council Meeting Schedule 11. Adjourn POSTED AT CITY HALL January 8, 2021 MEMORANDUM TO: Planning Commission FROM: Dusty Finke, Planning Director DATE: January 8, 2021 MEETING: January 12, 2021 Planning Commission SUBJ: Introduction of Planning Commission; 2021 Elections 1. Call to Order Generally, the Chair or Vice Chair from the previous year runs the meeting until officers for the new year are elected. In this case, I have asked 2020 Vice Chair Beth Nielsen to start the meeting. 2. Introduction of Planning Commission Members Two new Commissioners will join us in 2021: Braden Rhem and Tim Sedabres. All the Commissioners can take a moment to introduce themselves. Virtual meetings make introductions a lot more difficult. Although the City's practice is to leave cameras off during the meeting to reserve bandwidth and reduce distractions, I welcome everyone to turn on cameras during introductions so we can try to (virtually) put faces to names. Following is the 2021 Planning Commission roster: NAME ADDRESS TERM BETH NIELSEN 295 LAKEVIEW ROAD 01/2019 MEDINA, MN 55391 TO 12/2021 PETER GALZKI 413 RIDGE VIEW CIRCLE 01/2019 MEDINA, MN 55340 TO 12/2021 CINDY PIPER 1745 HUNTER DRIVE 09/2018 MEDINA, MN 55391 TO 12/2022 RON GRAJCZYK 1615 NORTHRIDGE DRIVE 01/2020 MEDINA, MN 55391 TO 12/2022 JUSTIN POPP 2552 COUNTY ROAD 24 09/2020 MEDINA, MN 55356 TO 12/2023 TIMOTHY SEDABRES 3169 CYPRESS CIRCLE SOUTH 01/2021 MEDINA, MN 55340 TO 12/2023 BRADEN RHEM 4112 CAVANAUGH DRIVE 01/2021 MEDINA, MN 55340 TO 12/2023 2021 Planning Commission Elections Page 1 of 2 January 12, 2021 Planning Commission Meeting 3. Elections of Chair and Vice Chair In the past, staff has run the meeting during the elections so there is no appearance of conflict if the person running the meeting is nominated for a position. I am happy to do so again this year if the Commission prefers. The Commission will elect the Chair first through the following process. The Vice Chair election follows the same procedure. • Nominations are accepted. Any member may be nominated, and members may nominate themselves. • Commissioners vote for their preferred candidate. A roll call vote will need to be held because of the virtual nature of the meeting. The City Attorney has advised that the Commission should not vote by secret ballot so that each member's vote can be recorded as described by the Open Meeting Law. 4. Update from City Council proceedings The City Council appointed City Council member Robin Reid as the Planning Commission liaison for 2021. The Council liaison provides an update from City Council meetings at each meeting. 2021 Planning Commission Elections Page 2 of 2 January 12, 2021 Planning Commission Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson DATE: December 29, 2020 SUBJ: Planning Department Updates — January 5, 2021 City Council Meeting Land Use Application Review A) Weston Woods Preliminary Plat and PUD General Plan — east of Mohawk Drive, north of Highway 55 — Mark Smith (Mark of Excellence Homes) has requested a Preliminary Plat and PUD General Plan for development of 76 twinhomes, 42 single-family, and 33 townhomes on the Roy and Cavanaugh properties. The Planning Commission held a public hearing at the November 10 meeting. Two comments were received and one person spoke at the meeting in favor of the project. Following the hearing, the Commission unanimously recommended approval. The City Council reviewed at the December 15 meeting and directed staff to prepare documents of approval, which will be presented at the January 5 meeting. B) Krinke Accessory Structure CUP — 2905 Willowood Farm Road — Lothar and Mona Krinke have requested a conditional use permit for construction of a 12,000 square foot indoor riding arena addition to an existing barn. The Planning Commission is scheduled to hold a public hearing at the January 12 meeting. C) Pioneer Trail Preserve — 2325 Pioneer Tr. — James and Melissa Korin have requested a 3 - lot subdivision of a 40 acre parcel. Staff is conducting preliminary review and will prepare for a public hearing when complete, potentially at the February 9 Commission meeting. D) Three Rivers Park Outdoor Learning Center CUP — 4001 County Road 24 — Three Rivers Park has requested a Conditional Use Permit for construction of a 1900 square foot building in the Outdoor Learning Center. The building would include showers and an infirmary for guests. The Council adopted a resolution of approval at the December 15 meeting. The project will now be closed. E) Roehl Final Plat — 1735 Medina Road — The Estate of Robert Roehl has requested a preliminary plat to subdivide 28 acres into two lots. The City Council granted preliminary plat approval on June 16. The applicant has requested final plat approval. The Council adopted a resolution of approval at the October 6 meeting. The plat has been recorded and the project will now be closed. F) Schwarz Accessory Dwelling Unit —1425 County Road 24 — Chaid and Jessica Schwarz have requested a conditional use permit to convert an existing home to an accessory dwelling unit to allow construction of a new home on their property. The CUP would also permit three accessory structures on the site. The applicant is considering withdrawing the application because they do not believe they will proceed with the renovation for the ADU at this time. G) Cates Ranch Comp Plan Amendment and Rezoning — 2575 and 2590 Cates Ranch Drive — Robert Atkinson has requested a change of the future land use from Future Development Area to Business, a staging plan amendment to 2020, and a rezoning to Business Park. The application is incomplete for review, and the City has requested additional materials. H) Holy Name Lake Estates — north of Pinto Drive, northwest of Holy Name Lake — Donavon DesMarais has requested preliminary plat approval for a six -lot rural subdivision. The Planning Department Update Page 1 of 2 January 5, 2021 City Council Meeting applicant also requests a variance from the maximum cul-de-sac length to expand Pinto Drive to serve the site. The Council granted preliminary plat approval, with variance, at the December 1 meeting. Staff will await final plat application. I) Ditter Subdivision — 2032-2052 Holy Name Drive — Tom and Jim Ditter have requested Comprehensive Plan Amendment, Rezoning, Preliminary Plat, and Interim Use Permit to replat their existing four lots into five lots. The City Council adopted documents of approval on September 15. The Met Council has reviewed the Comprehensive Plan Amendment and authorized the City to put it into effect. Staff will await final plat application. J) Adam's Pest Control Site Plan Review, Pre Plat, Rezoning — Jan-Har, LLP (dba Adam's Pest Control) has requested various approvals for development of a 35,000 s.f. office building, restaurant, and 13,000 s.f. warehouse/repair shop north of Highway 55, west of Willow Drive (PIDs 04-118-23-21-0001 and 04-118-23-24-0001). The City Council adopted approval documents on March 17. Staff will await final plat application. K) Johnson ADU CUP, Hamel Brewery, St Peter and Paul Cemetery — The City Council has adopted resolutions approving these projects, and staff is assisting the applicants with the conditions of approval in order to complete the projects. L) Hamel Haven subdivision — These subdivisions have received final approval. Staff is working with the applicants on the conditions of approval before the plat is recorded. Other Pro'ects A) Planning Commission interviews — Council member Albers, Commissioner Nielsen, and I interviewed the applicants for Planning Commission vacancies. The recommended candidates are included in the annual appointment resolution. B) Stormwater Management Ordinance — Staff is preparing recommended changes to the stormwater management ordinance for consideration by the Planning Commission at the January 12 meeting. Staff is requesting discussion about whether the trigger requiring improvements is working correctly on rural lots. Planning Department Update Page 2 of 2 January 5, 2021 City Council Meeting MEDINA POLICE DEPARTMENT 600 Clydesdale Trail Medina, MN 55340.9790 p: 763-473.9209 f: 763-473-8858 non -emergency: 763.525-6210 MEMORANDUM Emergency 9-1-1 TO: FROM: DATE: RE: City Council Jason Nelson, Director of Public Safety December 31, 2020 Department Updates I hope that you all had a happy holiday weekend. I am going to be taking the week after Christmas off through the New Year to spend time with my kids and family and recharge my batteries. 2020 has changed all our lives forever and I will be happy to see it in the rearview mirror soon. I am looking forward to seeing what 2021 brings to us all. As for the police department, I have been preparing for 2021 and working on policy and procedure moving forward. I have been in contact with Lexipol, which is America's leading source of state - specific policy and training that will help reduce risk, lower potential litigation costs, and improve personnel safety. This is a project that we will be working on in the first quarter of the year. Because we are moving forward with this now, we will save 10 percent on the annual cost for as long as we have it. In addition, we will get our 11th officer for free which is an annual savings of approximately $634 per year. I have been working on completing the departments wellness policy and have located a partner who will be assisting in meeting with the officers once a year. Lisa Sorensen is a licensed psychologist who has been in the field for over 32 years. We have met and gone over what my intentions are for our officer wellness program. Lisa works with many different local and state agencies throughout the State of Minnesota and comes highly recommended. I am excited to roll this program out to the officers by the end of the first quarter. In looking at our strengths and weakness this past year, one thing that came to light is that we had no redundancy in the front office administrative assistant position. This left our agency vulnerable if Anne were to need time off, become sick, or any other issue that may arise. We had no good solution if something were to happen to her. This was brought to the council's attention and was approved to fill our part-time administrative assistant position in 2021. While going through this process, it was learned that Nicole Jacobson, who was a current employee at City Hall, may be interested in the position. My administrative team and I had the opportunity to meet and interview Nicole and think that she would be a great addition to our team at the police department. I worked with Assistant Administrator Jodi Gallop and Finance Director Erin Barnhart, and consulted with City Administrator Scott Johnson, about the transition from City Hall to the Police Department. More information will be attached in the council packet for your review. Patrol: Patrol Updates 12/10/2020 through 12/28/2020 Patrol Activities — Between the dates of December 10, 2020 through December 28, 2020 our officers issued 53 citations and 162 warnings for various traffic violations. There were 3 property damage accidents reported, 1 personal injury accident, 2 medicals, 3 welfare checks/mental health calls, 2 business alarms, 2 residential alarms, 3 suspicious calls, 2 civil matter call, 9 traffic complaints, 5 disturbances, and 8 assists to other agencies. It should be noted that due to vacations around the Holiday season numerous incidents have not been processed yet which would raise all the above numbers during this period. On 12/10/2020 an officer stopped a vehicle for equipment violations along Highway 55 near Arrowhead Drive. The vehicle appeared to be brand new and displaying dealership placards but no temporary registration stickers. As the officer was questioning the driver about this, the driver fled by making an abrupt U-turn over the concrete median. The officer initiated a pursuit but soon realized that the suspect vehicle had possibly turned off onto northbound Arrowhead Drive. A short time later a Corcoran officer located the vehicle in their city and another pursuit was initiated which came back south into Medina and turned east on Highway 55 into Plymouth. The suspect pulled into the Goodwill parking lot and abandoned the vehicle. He attempted to get rides from some customers in the lot but ended up running on foot and hiding in an area of weeds. A Police K-9 was used to track the suspect and the suspect was located and taken into custody without incident. The vehicle was found to have been stolen off a car dealership lot earlier in the day which had been unknown to the dealership until the Medina Police called them. The suspect claimed to have ingested narcotics and was transported by ambulance to a hospital as a precaution for observation. Charges are pending. On 12/13/2020 at 0218 hours officers responded to assist Corcoran PD at a business alarm at a convenience store in Corcoran. Upon arrival it was discovered that the business had been burglarized by breaking the glass on the front door. Officers assisted with a perimeter until it was determined that the suspect was not believed to still be in the area. On 12/13/2020 at 2145 hours officer responded to a report of a vehicle in the ditch along Medina Road near Hunter Drive. Upon arrival the officer made contact with a female who identified herself as the driver and admitted she had driven off the road. The officer detected an odor of alcohol on the driver and she was ultimately arrested for DWI. Charges are pending. On 12/14/2020 officers were dispatched to Target on a report of a theft in progress. Upon arrival the officers were notified that the suspect had exited the store with unpaid merchandise and was getting into a vehicle parked in a handicap spot. Officers boxed the vehicle in and ultimately arrested the driver for theft. The vehicle contained a large amount of additional new merchandise which was believed to be stolen. The suspect is believed to be stealing merchandise and then returning the items for store credit without a receipt. A search warrant was conducted on the suspect's vehicle the following day. Thousands of dollars of merchandise were found, along with more than $20,000 cash in a bag on the backseat floorboard. Receipts found within the vehicle showed returns to Target over the past month of more than $8,000 in product, all believed to be stolen. Charges are pending and the vehicle and currency is being held for possible forfeiture after consultation with the Hennepin County Attorney's Office. On 12/20/2020 officer was dispatched to a report of one unconscious person in the city of Loretto. Upon arrival the subject was found conscious and said he had been taking a nap. On 12/23/2020 officers were dispatched to an accident in the area of Willow Drive and Morningside Road. The reporting party heard the crash and observed at least two occupants leaving the single vehicle crash on foot. Officers arrived and found a vehicle had driven off the roadway and into some brush. One person was found on foot in the area but was not believed to be the driver. The vehicle was impounded. Between the afternoon of 12/23 and morning of 12/24 during the snowstorm officers responded to 5 motorist assist, 5 reports of stalled vehicles in the roadway, and 6 vehicles in the ditch. On 12/24/2020 at 1720 hours officers were flagged down by someone reporting a vehicle fire along Highway 12 near County Road 6 in the city of Orono. Officers arrived in the area to find a vehicle fully engulfed in fire and assisted with shutting down traffic on Highway 12 for safety reasons until the fire was extinguished. On 12/26/2020 officer was patrolling along Holy Name Drive when a deer ran out of the ditch and into the side of the squad causing damage to the side mirror and door panel of the squad. On 12/28/2020 officer responded to a report of smoke inside a residence in the 1400 block of Hunter Drive. A wood fireplace was found to have started a smoldering fire in the floor joists underneath the fireplace. The smoldering fire was extinguished by the Hamel Fire Department. On 12/28/2020 officer was southbound on County Road 19 when a deer ran out in front of the squad and was struck by the push bumper of the squad. The deer spun around and stuck the front bumper of the squad causing minor damage to the bumper of the squad. On 12/29/2020 at approximately 0030 hours officer was dispatched to a report of a juvenile unconscious after having been drinking and falling. It was learned that the victim had friends over at his house and they began drinking in the basement which was unknown by the parents who were home upstairs. The unconscious juvenile was transported to the hospital by ambulance. Two other juveniles were released to their parents. Investigations: Officers responded to a report of a theft in progress at Target. Upon arrival, Officers observed the suspect leaving without paying for several items. The suspect was arrested for theft and later released pending formal complaint. I then executed a search warrant on the suspect's vehicle and located several stolen items from various Target stores. I later learned the suspect was responsible for approximately 30 thefts over the last several months. My case has been submitted to the County Attorney's office for felony theft charges. Investigating a possible case of financial exploitation of a vulnerable adult. I have submitted an administrative subpoena to the vulnerable adult's bank account for further information. Investigation is on -going. Investigating a case involving fraudulent transactions on the victim's credit card. The transactions were made through an application called Cash App. I have sent an administrative subpoena to Cash App for further information. Completed a background check for a new city employee. There are currently (8) cases assigned to investigations. MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: December 31, 2020 MEETING: January 5, 2021 SUBJECT: Public Works Update STREETS • The December 23rd snow emergency, with its ice, heavy snow, high winds, and plummeting temperatures, made it difficult for the deicing products to penetrate quickly. Streets were left passable, but with some snowpack. Public Works was out doing post storm clean up when the second snow event hit. Although Medina does not have a clear pavement policy it is always our goal to remove all ice and snow. As a reminder, extreme cold slows or stops the effectiveness of deicing products therefore the months of January and February are typically the worst for snow and ice pack on the streets. • Included in your packet is a proposal from WSB for the Arrowhead Drive intersection improvement. Timing is crucial as discussed in December. Staff recommends moving forward ASAP with bidding the design. WATE R/SE WE R/STORMWATER • I have solicited quotes for the software upgrade at the water treatment plant in Hamel. This upgrade is in the capital plan for 2021. • The sewer lining project is scheduled to begin next week. The project is expected to take a day or two to complete. This project will also go to credit our surcharge for UI with the MCES. • Lisa DeMars submitted our application for the next 5 -year MS -4 permit. She is researching the additional mandated requirements for this permit cycle. PARKS/TRAILS • Jodi Gallup and I have been working on the plan for Hunter Lions Park, which is expensive. The timeline for completion will be extended to reduce costs. I plan to have Public Works complete much of the work. • We are seeing very heavy use at the sliding hills and the trails. The cold does not appear to be deterring children and families. It is very refreshing and rewarding to see so many happy faces in the park. We are working on the ice rinks; the weather has hindered the process. I hope to have some ice by the time you read this. MISCELLANEOUS • Lisa DeMars has been working hard to assure our safety training is compliant with current OSHA standards. To mitigate COVID our go -forward plan is to offer video training courses whenever possible. Agenda Item: 7 MEMORANDUM TO: Planning Commission FROM: Dusty Finke, Planning Director DATE: January 8, 2021 MEETING: January 12, 2021 Planning Commission Meeting SUBJ: Public Hearing — Lothar and Mona Krinke — 2905 Willowood Farm Rd - CUP for addition to accessory structure Review Deadline Application received: December 11, 2020 120 -day review deadline: April 9, 2021 Summary of Request Lothar and Mona Krinke have applied for a conditional use permit to add an approximately 12,000 square foot indoor riding arena to an existing barn at 2905 Willowood Farm Road. The subject property is located at the northwest corner of Willow Drive and Willowood Farm Road and is just under 25 acres in size. The property and all surrounding lands are zoned Rural Residential (RR). School Lake is located west of the subject property, and the western approximately 1/2 of the subject property is located within the 1000' shoreland overlay district. There is a wetland adjacent to the lake in the western portion of the site and most of the property is pasture. Existing improvements include the home, barn, and several loafing sheds within the pasture. An aerial of the site is provided at the top of the following page. The City's zoning code include regulations on the maximum size of accessory structures on residential properties. Properties over 5 -acre in size are permitted accessory structures up to 5000 square feet and larger structure with approval of a conditional use permit (CUP). A CUP for larger accessory structures requires certain standards which are discussed later in the report. The following is table summarizes the proposed addition in relation to the requirements of RR district: RR Requirement Proposed Animal Structure Setback 150 feet Willow Drive 150 feet 546 feet North 150 feet 150 feet South 150 feet 450 feet West 150 feet 565 feet (existing barn) Lake Setback 150 feet 600 feet (existing barn) Hardcover 25% max w/in 1000 feet 12% Total Lot 40% 8% w/in 1000 feet of lake 25% 12% Building Height 30 feet (average grade to midpoint of roof) 22.25 feet (midpoint) 29 feet to peak Krinke — 2905 Willowood Fann Rd. CUP Page 1 of 6 January 12, 2021 Planning Commission Analysis In addition to the general requirements of the RR district, the CUP is subject to additional standards. These include a set of standards specific to larger accessory structures and a set of standards which apply to all conditional uses. CUP for Accessory Structures in Excess of 5,000 SF According to Section 825.19 of the City Code, properties over 5 acres in size are permitted to include a maximum of two accessory structures with a maximum aggregate footprint of 5000 s.f. Accessory structures which exceed these limitations are conditional uses subject to the following additional standards described in Section 826.98. Staff has described compliance with each standard below each in italics: (i) The accessory building's design shall include architectural interest through the appropriate use of the following elements: cupolas, dormers, windows, porches, overhangs, varied building foundation, or other design treatments which the city council determines create a quality architectural design that enhances the appearance of the accessory building and complements the principal dwelling and the rural residential character or residential neighborhood in which the building is to be constructed; The proposed riding arena addition is proposed to include three vertical elements along the peak of the roof with cupolas. An overhang is proposed over the door on the eastern end, facing Krinke — 2905 Willowood Farm Rd. Page 2 of 6 January 12, 2021 CUP Planning Commission Willow Drive. Windows are proposed along each facade. The existing barn also includes various architectural elements including dormers and overhangs. The northern facade is proposed on a single horizontal plane, although each there are different vertical planes. There is some vegetation along the northern property line to the north of the existing barn and proposed addition. The Planning Commission and Council can discuss whether the architectural design is consistent with this requirement. (ii) At least two colors or textures shall be used in the accessory building's exterior design, including contrasting trim or fascia; The applicant proposes white for all of the walls and taupe panels for the roof Staff recommends additional color or texture differentiation for the addition, including potentially trim, fascia, shutters, or similar application. (iii) Any metal exterior materials on the accessory building shall be warranted to resist fading for a period of at least 15 years; and The proposed metal exterior includes a 30 year fade warranty. (iv) The accessory building shall have an infiltration basin, rain garden, rain barrel or other similar best management practice used to capture storm water runoff from the building and to improve water quality. Said best management practice must be reviewed and approved by the city council. The applicant proposes to construct a filtration basin to the south of the proposed addition. Staff recommends a condition that the applicant provide additional detail on grading, drainage, and design of the basin consistent with City standards. Staff also recommends that the drainage from the structure be designed to direct runoff towards the basin and minimize drainage from hard surfaces across paddocks and dry lots. General Conditional Use Permit Standards Section 825.39 of the City Code includes more general standards for reviewing any conditional use permit: 1. That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. Staff does not believe this structure will be injurious to nearby property nor impair property values. 2. That the establishment of the conditional use will not impede the normal and orderly development of surrounding vacant property for uses predominant in the area. Staff does not believe this structure will impede the normal and orderly development of surrounding vacant property. 3. That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided. As noted above, the applicant will be required to provide stormwater management as a condition of approval. The Applicant has provided a manure plan, and staff recommends a condition that the plan be implemented and monitored. The application triggers the City's wetland protection Krinke — 2905 Willowood Farm Rd. Page 3 of 6 January 12, 2021 CUP Planning Commission ordinance, and buffers with an average width of 20 feet will be required adjacent to the large wetland downslope from the structure. 4. That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. Staff does not believe this use causes parking or loading concerns. 5. That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. Staff recommends a condition for implementation of a manure plan and pasture management to reduce impacts of manure and prevent overgrazing and erosion. Section 826.25, Subd. 8 provides standards for animal density. There may be one animal unit for the first two grazeable acres of a property and one additional animal unit for each grazeable acre of land thereafter. The subject property includes more than 15 grazable acres, but the applicant proposes to house a maximum of 8 horses. The manure storage and management plan is sufficient for eight horses, but would need to be adjusted for more animals. Staff recommends a condition limiting the number of horses to 8 unless the manure management plan is updated. If the owner updates the manure management plan, horses could be increased to the amount permitted by code. 6. The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. City Code allows for this size accessory structure as a conditional use. 7. The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use. Staff believes an accessory barn and riding arena is consistent with rural residential lots. 8. The use is not in conflict with the policies of the City. Staff does not believe the proposed use is in conflict with the policies of the City. 9. The use will not cause traffic hazard or congestion. Staff does not believe the CUP would cause traffic or congestion concerns. Staff recommends a condition that the structure is used for private use only and not for commercial purposes. 10. Existing businesses nearby will not be adversely affected by intrusion of noise, glare or general unsightliness. Staff does not believe the use would cause these concerns. 11. The developer shall submit a time schedule for completion of the project. The applicant proposes to construct the addition during 2021. 12. The developer shall provide proof of ownership of the property to the Zoning Officer. The applicant has provided a copy of the deed for the property. Krinke — 2905 Willowood Farm Rd. Page 4 of 6 January 12, 2021 CUP Planning Commission Staff Recommendation When reviewing a conditional use permit request, the Planning Commission and City Council should review the specific and general criteria described above. Review of a CUP is a quasi- judicial review, so if the criteria are met, the CUP should be approved. As described in Section 825.41 of the City Code: "In permitting a new conditional use or the alteration of an existing conditional use, the City Council may impose, in addition to those standards and requirements expressly specified in this Ordinance, additional conditions which the City Council considers necessary to protect the best interests of the surrounding area or the community as a whole. These conditions may include, but are not limited, to the following: 1. Increasing the required lot size or yard dimensions. 2. Limiting the height, size or location of buildings. 3. Controlling the location and number of vehicle access points. 4. Increasing the street width. 5. Increasing the number of required off-street parking spaces. 6. Limiting the number, size, location or lighting of signs. 7. Required diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property. 8. Designating sites for open space." Staff believes that this CUP request overall meets the criteria presented in this report. Staff recommends approval subject to the following conditions: 1. The Applicants shall install improvements as indicated on the plans received by the City on ##/##/####, except as modified by the conditions herein. 2. The Applicant shall address comments made by the City Engineer 3. The Applicant shall update plans to provide additional detail on proposed grading, drainage and design of the filtration basin. Plans shall maximize runoff from impervious surface to the filtration basin and direct runoff away from the paddock area. 4. The Applicant shall update plans to incorporate additional colors, materials, or textures on the facade of the proposed addition. 5. The accessory structure shall only be used for private purposes and no commercial boarding or other activity shall be permitted. 6. The Applicant shall meet the requirements of the wetland protection ordinance, including provisions for recordation of easements, planting of appropriate vegetation and installation of required signs. 7. The Applicant shall execute a stormwater maintenance agreement and maintain stormwater management practices as described in the agreement. 8. Manure shall be managed in a manner which prevents nuisance and protects water quality. The applicant shall implement manure management plan submitted to the City, and management shall be subject to periodic review by city staff 9. The Applicant shall manage the use of pasture in a manner which prevents overgrazing and erosion. 10. The number of animal units shall not exceed eight unless manure and pasture management plans are approved by City staff for additional animals. In any event, animal density on the Property shall not exceed the amount permitted in the RR district (grazable acres minus 1). 11. The Applicant shall pay to the City a fee in the amount sufficient to pay for all costs associated with the review of the application for the conditional use permit Krinke — 2905 Willowood Farm Rd. Page 5 of 6 January 12, 2021 CUP Planning Commission Attachments 1. Document List 2. City Engineer Comments 3. Manure Management Plans 4. Plans Krinke — 2905 Willowood Farm Rd. Page 6 of 6 January 12, 2021 CUP Planning Commission Project: LR-20-283— Krinke CUP The following documents are all part of the official record of the above referenced request, even if some documents are not attached, or are only attached in part, to Planning Commission and City Council reports. All documents are available for review upon request at City Hall. Documents Submitted by Applicant Document Received Document Date Pages Electronic Paper Copy? Notes Application 12/11/2020 12/11/2020 3 Yes Yes Deposit 12/11/2020 12/11/2020 1 Yes Yes $1000 Plans 12/11/2020 12/10/2020 4 Yes Yes 3 site; 1 arch Existing survey 12/11/2020 2/4/2011 1 Yes Yes Manure management contract 12/11/2020 12/7/2020 1 Yes Yes Metal panel specs and warranty 12/11/2020 NA 4 Yes Yes Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes Engineer Comments 12/30/2020 1 Y Building Comments 12/14/2020 1 Y Legal Comments 12/21/2020 1 Y No Comments Minnehaha Creek 12/15/2020 1 Y ESC only Notice 12/22/2020 4 Y 7 page with affidavit, map, list Planning Commission Report 11/6/2020 4 Y Public Comments Document Date Electronic Notes 1/8/2021 From: Jim Stremel <JStremel@wsbeng.com> Sent: Wednesday, December 30, 2020 11:40 AM To: Dusty Finke Cc: Debra Peterson; Steve Scherer; Batty, Ronald H.; Anderson, David T.; Heather Nelson; Alison Harwood Subject: RE: New Land Use Application: LR-20-283 Krinke CUP Dusty, Here are our engineering comments on this plan: - Site/Grading Plan Comments: 1. Provide a more detailed grading plan showing existing/proposed contouring and spot elevations in and around the proposed building and driveway/walkway areas. 2. Note finished floor elevations of existing/proposed buildings. 3. Provide grade percentages with the grading arrows. 4. Confirm whether or not there will be water/sewer service to the building. Show any existing well locations that maybe nearby (within the plan view). 5. Provide more detail/spot elevations for the proposed rain garden. Soils in Medina are not conducive to infiltration, a perforated underdrain will be required. Note the size/type of underdrain pipe, a cleanout will also be needed at the upstream end. 6. Note roof gutter system and downspout locations, if applicable. - There are no wetlands in the area of the proposed riding arena (Alison reviewed this property last fall). There is a wetland identified in the SE corner of the property that is classified as a Manage 3. This wetland will require an average 20 -foot buffer (minimum 15 -feet). This wetland is not shown on the site plan. They had a delineation completed for the development site itself, but they did not include the wetland in the SE in that plan. They can complete a Level 1 delineation for that wetland in order to set the buffer, or the city can provide an estimate of the boundary (Dusty can provide the fee information for that). - Stormwater Management: 7. The total site impervious amounts to appx 2.5 acres. This exceeds the amount allowed under the single-family residential project exemption from stormwater management. 8. Provide the amount of impervious surface proposed for this site plan. 9. Provide calculations for sizing proposed rain garden. 10. Provide pretreatment from arena runoff to rain garden. 11. Provide erosion/erosion control on site/grading plan. Let us know if you have any questions or further comments to add. Jim Stremel , PE Sr. Project Manager 763.287.8532 (0)1612.419.1549 (m) WSB 1 wsbeng.com wsb This email, and any files transmitted with it, is confidential and is intended solely for the use of the addressee. If you are not the addressee, please delete this email from your system. Any use of this email by unintended recipients is strictly prohibited. 1 Excavating Services, Inc. Manure Hauling Contract December 7, 2020 Lothar and Mona Krinke 2905 Willowood Farm Rd. Medina, MN 55359 • RAM Buildings, Inc. will load, haul away and dispose of all horse manure at the above address at a minimum of every 3 months or as an on -call notice when the manure storage area is at 75% capacity. • Disposal fee is $600 per End Dump load, approx. 25 cubic yards. Mona Krinke 592 Industrial Drive • P.O. Box 660 • Winsted, MN 55395 • Toll Free (800) 710-4726 • Office (320) 485-2844 • Fax (320) 485-3625 www.ramexcavating.com © ALL DRAWINGS AND CONTENT COPYRIGHT RAM GENERAL CONTRACTING INC. CALL RAM GENERAL CONTRACTING INC. TO ()VAIN COPIES OF THIS PLAN. UNAUTHORIZED REPRODUCTION OF THESE PLANS 15 A VIOLATION OF FEDERAL LAW. / 1 EXISTING OUTDOOR ARENA -N EXISTING HOLDING POND ENLARGED 13UILDING SITE PLAN \CULVERT NORTH NEW ARENA PROPOSED RAIN GARDEN LEGEND DESCRIPTION DRAINAGE ARROWS DRY LOT © ALL. DRAWINGS AND CONTENT COPYRIGHT RAM GENERAL CONTRACTING INC. CALL RAM GENERAL CONTRACTING INC. TO 06TAIN COPIES OF THIS PLAN. UNAUTHORIZED REPRODUCTION OF THESE PLANS 15 A VIOLATION OF FEDERAL LAW. DRAWN 6Y: — 1— W ?ROJECT NAME: PROJECT NUMI5ER: BUILDING DESCRIPTION: IZ/10/2020 3:14 PM; Krmke Adele Topo, Enlarged Site Flans, Rain Garden Details SOUTH ELEVATION 8 la Z4' 1111111111 1 11 11111111111 1 /CUPOLAS NORTH ELEVATION 12/10/2020 11:23 AM COLOR ELEVATIONS EAST ELEVATION 0 H la 24' 111111111111111 7 /CUPOLAS _�i=i� Ativga ■■ ■■ ■■ 1 111111 111 111111111 TAUPE (tt74) ROOF PANELS I : I I I I �I i I I i I I 1 1 1 1 1 1 1 1 IIP 1111 II,W NDOWS--.111111 WHITE (.00) WALL PANELS;;;; 11111111U111111111 111111111111111 1111111111171'111'1111111 111111111 © ALL DRAWINGS AND CONTENT COPYRIGHT RAM GENERAL CONTRACTING INC. CALL RAM GENERAL CONTRACTING INC. TO OBTAIN COPIES OF THIS PLAN. UNAUTHORIZED REPRODUCTION or THESE PLANS 15 A VIOLATION OF FEDERAL LAW. u_ DRAWN BY 1- W W 0 PROJECT NAME: PROJECT NUMBER: BUILDING DESCRIPTION: DESIGN NUMBER: P2O”3 Agenda Item: 8 MEMORANDUM TO: Planning Commission FROM: Dusty Finke, Planning Director DATE: January 7, 2021 MEETING: January 12, 2021 Planning Commission SUBJ: Public Hearing: Stormwater Management Ordinance Introduction The City requires that stormwater management improvements such as ponds, stormwater re -use and other practices at the time of new development and at the time of certain other construction projects. These requirements are intended to mitigate impacts (or result in improvements) of flooding and pollution of wetlands, lakes, streams, and other waterbodies. The regulations are in Section 828.33 of City Code. Staff is seeking direction on potential amendments to the requirements. Before discussing the specific changes, staff believed it would be helpful to first summarize some background surrounding the regulations. Background of Stormwater Management Requirements The City is required by law and state rules to establish certain minimum requirements related to stormwater management. The City is also responsible to reduce nutrient loading (most often Phosphorus) from many lakes in the community. This often requires the City to construct projects to address existing pollution sources such as erosion, agricultural activities, and untreated runoff from existing streets and buildings. Other governmental agencies, particularly the three watershed organizations within the community (Elm Creek, Pioneer/Sarah Creek, and Minnehaha Creek) also have jurisdiction over construction activities within the City. An applicant would need to meet the requirements of both the City and the watershed district in which the project is located. In some instances, the City has elected to establish requirements that go beyond the minimum requirements required by the state or the watersheds. The City is permitted to be more restrictive in order improve water quality. The City has adopted a Surface Water Management Plan (SWMP) as part of the Comprehensive Plan. The "Goals and Policies" chapter of the SWMP is attached for reference, which provides guidance for the City's regulations. The SWMP in its entirety can be found on the City's website: (https://medinamn.us/wp-content/uploads/2016/09/Final-Draft-121217-Part-1.pdf) Staff believes it is fair to conclude that Medina has historically attempted to be a leader in improving water quality, especially for a City of our size. The City actively looks for opportunities for grants from County and State and partners with the watershed districts to incorporate stormwater projects in connection with City construction projects. Stormwater Management Ordinance Page 1 of 5 January 12, 2021 Planning Commission Meeting In terms of regulations for stormwater management on private projects, the City has tended to be ahead of the curve as requirements from the state and watersheds have evolved. In recent years, the goal and trend has been for stormwater requirements to become more standardized across different jurisdictions. Most of the technical requirements for stormwater management are included in the City's Stormwater Design Manual. The manual includes standards for various aspects of stormwater improvements, but the two primary requirements for stormwater management: 1) Rate Control — the goal is for the peak amount of water leaving the site after a rain event not to be higher after construction than occurred prior 2) Volume Control (abstraction) — the goal is for no more water to leave the site after construction than was occurring prior to construction Rate control is generally provided by ponds, which hold back storm water and allow it to be released downstream over time. Ponds also allow nutrients and sediment to settle before the water leaves the pond. In terms of volume control, the preferred practice in other locations is to allow water to infiltrate into the ground on the site. Unfortunately, most locations in Medina have tight, clay soils which infiltrate very slowing, have saturated soils prohibitively close to the surface, or both. As a result, infiltration is almost never an option. The most common practice in new developments it to re -use stormwater to irrigate lawns, which effectively spreads the water back on the site. Other options include preservation of natural areas, tree planting, larger vegetative buffers, and as a last resort, filtration. Potential Amendment — Threshold for providing Stormwater Management The City's requirement for the level/amount of Rate Control and Volume Control for larger developments are essentially the same as is required in state rules and by other jurisdictions. One of the primary examples of how the City is more stringent than the state requirements is the threshold of construction that triggers the construction of stormwater improvements. Under the state rules and the rules of the Elm Creek watershed and Pioneer/Sarah Creek watershed, a project would be required to construct stormwater improvements if it disturbs an acre (43,560 square feet) or more of property. The City requires stormwater management practices if a project disturbs an acre OR if more than 5000 square feet of impervious surface is proposed to be added. This requirement has been in place since 2011. However, the City added an exemption in 2018 for projects which result in less than 20% total impervious surfaces on a site. The thought was that over 5000 square feet of hardcover on a very large lot would have less impact than if it were on a smaller lots. The threshold was increased to 1/3 acre of hardcover (14,520 square feet) if the total impervious surface was less than 20% of the lot. Stormwater Management Ordinance Page 2 of 5 January 12, 2021 Planning Commission Meeting In the past two years, staff has noted that even this higher threshold may be triggering improvements more often than anticipated. On rural lots, the driveway alone may be over 14,520 square feet, even if the house is under 5,000 square feet. Staff has identified the following options to address: 1. Remove the 5000 s.f. hardcover threshold in all cases The City could remove the more stringent threshold of 5000 square feet of new hardcover. Staff believes this threshold is likely appropriate on lots where there is higher percentage of hardcover. 2. Increase the threshold for lots under 20% hardcover As noted above, lots with under 20% hardcover are required to provide stormwater management if adding more than 14,520 square feet of hardcover. The City could adjust this threshold, perhaps to 1/2 acre (21,780 square feet). This would still require improvements on larger projects but provide more of a cushion for long driveways. 3. Exempt hardcover from driveway The City could exempt driveways under 20 feet in width from the calculation when determining if stormwater management should be required, provided there is a larger pervious area on each side. Staff believes that this may be appropriate because stormwater off driveways is discharged over a proportionally larger area and does not tend to channelize into a single location. Providing stormwater management improvements for a long, linear improvement also tends to be difficult because you cannot gather the water into a single practice. Staff would recommend this option if the Planning Commission and Council are in favor of maintaining a hardcover threshold even on larger lots with a lower amount of hardcover. 4. Exempt lots with under 20% hardcover The City could exempt lots with under 20% hardcover from providing stormwater management, except in situations where the new hardcover discharges close to certain sensitive locations such as lakes, wetlands, ravines, or adjacent property. It is important to remember that a project which disturbs more than an acre of land would be required to construct stormwater improvements regardless of how much hardcover is added. The attached ordinance would amend the requirements to exempt lots under 20% hardcover, but still allow the City to require improvements if the new hardcover drains to a sensitive location (option #4 above). This language is in Subd. 5(iv) at the bottom of page 3/top of page 4. Staff also discussed exempting driveways (option #3) at length. If the Planning Commission and Council would prefer to require stormwater improvements on projects which propose over 14,520 s.f. of hardcover, even when the overall percentage is low, staff would recommend this option. Stormwater Management Ordinance Page 3 of 5 January 12, 2021 Planning Commission Meeting Potential Amendment — Complete Reconstruction In November 2020, the State updated MS4 requirements, which establish the minimum standards for surface water regulations for jurisdictions throughout the State. The City has up to a year to make changes to implement these new requirements, and additional amendments are likely to be needed later in the year. However, because the subject was being discussed related to the thresholds on larger lots, staff thought it would be a good opportunity to incorporate some of the more straight forward changes. Currently, the City generally requires stormwater improvements for new impervious surfaces. In the case of redevelopment or reconstruction, the ordinance requires some improvement (for example, a reduction of impervious surfaces or other improvements which may not meet the full requirements), but not full compliance with stormwater requirements. The new MS4 requirements require the City to require stormwater management for reconstruction as if it were new construction. The exception of this is the reconstruction of linear projects such as streets, trails, driveways and the like. The attached ordinance proposes to add Fully Reconstructed improvements within the list of activities which trigger the stormwater ordinance. The language can be found on page 2 of the ordinance and in Subd. 5(ii) on page 3. Potential Amendment — Administrative Flexibility The City's Stormwater Design Manual includes many technical and specific standards for all aspects of the improvements related to stormwater. The design and best practices surrounding these improvements is constantly improving and evolving over time. Because of this evolution and because there are so many highly specific requirements for each type of improvement, staff believes it is important to provide some flexibility for the City Engineer to consider flexibility and alternatives without having to process a formal change to the Design Manual. The attached ordinance includes language specifying that the City Engineer has flexibility to provide deviations from the specific requirements. This language can be found on page 5 of the attached ordinance. The regulations already provide for a means for an applicant to appeal the decision of staff if the staff does not agree with such a request. Potential Amendment — Clarifications Staff has recommended additional language clarifications throughout the attached ordinance as well, including: 1) Making it explicit that fees will be required for review of stormwater plans. 2) Removing specific date for the City's Stormwater Design Manual, which is amended over time. 3) Language and formatting corrections. Stormwater Management Ordinance Page 4 of 5 January 12, 2021 Planning Commission Meeting Action Requested The Planning Commission should first hold a public hearing on the proposed ordinance amendment. Following review, the following motion would be appropriate: Move to recommend adoption of the ordinance amending regulations pertaining to stormwater management [with the changes noted by the Commission, if any]. Attachments 1. Draft ordinance 2. Goals and Policies from SWMP Page 5 of 5 January 12, 2021 Planning Commission Meeting Stormwater Management Ordinance CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE AMENDING REGULATIONS PERTAINING TO STORMWATER MANAGEMENT; AMENDING CHAPTER 8 OF THE CITY CODE The City Council of the City of Medina ordains as follows: SECTION I. Section 828.33 of the code of ordinances of the City of Medina is amended by deleting the struck through language and adding the underlined language as follows: Section 828.33. Stormwater Management Subd. 1. Purpose Land development projects, and associated increases in impervious cover, alter the hydrologic response of local watersheds. Increases in stormwater runoff rates and volumes, flooding, erosion, sediment transport and deposition, and water -borne pollutants can be controlled and minimized through the regulation of stormwater runoff. The purpose of this ordinance is to protect and safeguard the health, safety, and welfare of the public by regulating stormwater runoff to protect local water resources from degradation. This ordinance seeks to meet this purpose through the following objectives: (a) minimize increases in stormwater runoff rates from any development to reduce flooding, siltation and erosion and to maintain the integrity of stream channels, (b) minimize increases in nonpoint source pollution caused by stormwater runoff from development which would otherwise degrade local water quality, (c) minimize the total annual volume of surface water runoff that flows from any specific site during and following development so as not to exceed the predevelopment hydrologic regime to the maximum extent practicable, (d) ensure that these management controls are properly maintained and pose no threat to public safety, and (e) implement stormwater management controls to help meet current and future total maximum daily load (TMDL) goals, to address the need to improve water quality, and to meet objectives in the Local Surface Water Management Plan. Subd. 2. Incorporation by Reference The Medina Stormwater Design Manual, dated November 15, 2011, as it may be amended from time to time, is hereby incorporated into this ordinance as if fully set forth Ordinance No. ### 1 DATE herein. The Manual shall serve as the official guide for stormwater principles, methods, and practices for proposed development activities. Subd. 3. Definitions For the purpose of this ordinance, the following definitions describe the meaning of the terms used in this ordinance: (a) "Applicant" means a property owner or agent of a property owner who has filed an application for a stormwater management approval. (b) "Channel" means a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. (c) "Impervious Area" means those surfaces that cannot effectively infiltrate rainfall (e.g., building rooftops, pavement, sidewalks, gravel, driveways, decks, swimming pools, etc.). (d) "Land Disturbance Activity" means any activity discharge rate -o st9 water run6 Fom t 3e -land -c z ee. Th s-may4Rel the including grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, Fully Reconstructed improvements, or any activity that bares soil or rock or involves the diversion or piping of any natural or fabricated watercourse. (e) "Maintenance Agreement" means a document recorded against the property which provides-€errequires long-term maintenance of stormwater treatment practices. (f) RESERVED. "Fully Reconstructed" means areas where impervious surfaces have been removed down to the underlying soils. Activities such as structure renovation, mill and overlay projects, and otherpavement rehabilitation projects that to not expose the underlying soils beneath the structure, pavement, or activity are not considered fully reconstructed. Maintenance activities such as catch basin repair/replacement, utility repair/replacement, pipe repair/replacement, lighting, and pedestrian ramp improvements are not considered fully constructed. (g) RESERVED. (h) RESERVED. (i) RESERVED. (j) "Nonpoint Source Pollution" means pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources. (k) "Off -Site Facility" means a stormwater management measure located outside the subject property boundary described in the permit application for land development activity. (1) "Responsible Party" means the entity which will be responsible for ownership and maintenance of Stormwater Treatment Practices. (m) "Site" means any tract, lot or parcel of land or combination of tracts, lots, or parcels of land, which are in one ownership, or are contiguous and in diverse ownership, where development is to be performed as part of a unit, subdivision, or project. Ordinance No. ### 2 DATE (n) "Stop Work Order" means an order which requires that all construction activity on a Site be stopped. (o) "Stormwater Management" means the use of structural or non-structural practices that are designed to reduce stormwater runoff pollutant loads, discharge volumes, and/or peak discharge rates. (p) "Stormwater Management Plan" means a set of drawings or other documents submitted by a person as a prerequisite to obtaining a stormwater management approval, which contains all of the required information and specifications pertaining to Stormwater Management. (q) "Stormwater Runoff' means flow on the surface of the ground, resulting from precipitation. (r) "Stormwater Treatment Practices (STPs)" means measures, either structural or nonstructural, that are determined to be the most effective and practical means of preventing or reducing point source or nonpoint-source pollution inputs to stormwater runoff and waterbodies. (s) "Water Quality Volume (WQv)" means the runoff storage volume needed to treat the specified phosphorus loading as determined in the Medina Stormwater Design Manual. (t) "Watercourse" means a permanent or intermittent stream or other body of water, either natural or fabricated, which gathers or carries surface water. (u) "Watershed" means the total drainage area contributing runoff to a single point. Subd. 4. RESERVED. Subd. 5. Performance Criteria for Stormwater Management (a) Unless determined by the City to be exempt or granted a waiver, all site designs for the following development, redevelopment, construction, or land disturbance activities shall establish Stormwater Management Treatment Practices to control the peak flow rates, volume of flow, and pollutants of stormwater discharge associated with specified design storms and runoff volumes, as detailed in the Medina Stormwater Design Manual. (i) Any land development, redevelopment, or construction on a Site which increases impervious surface by 5,000 square feet or greater, except as described in (iv) below. (ii) Any land development, redevelopment, or construction on a Site which disturbs more than one acre of land, except: (1) if the total amount of cxisting and proposed impervious surfaces is le -s than 20% of the Site and the proposed grading does not channelize stormwater discharge off of the property or X1:1; or (2) surfaces by 10% or greater. (iii)Any subdivision of property, except for a subdivision which increases impervious surfaces by less than 5,000 square feet or which disturbs less than an acre of land.; (iv)Notwithstanding (i) above, land development, redevelopment, or construction on a Site which increases impervious surface by 5,000 square feet or greater bless Ordinance No. #tt# 3 DATE than 14,520 square feet may be exempt from establishing STPs if all of the following conditions are met_= (1) The activity occurs on a single residential property; and (2) The total amount of existing and proposed impervious surfaces is less than 20% of the Site; and (3) The drainage from 5,000 square feet or more of the additional impervious surfaces are not directed towards one of the following features within 100 feet: a wetland, lake, waterbody or area of slope in excess of 4:1; and (4) The drainage from the additional impervious surfaces are not channelized onto neighboring property, rights -of -way or waterbodies. (b) Approval Required Prior to Permit or Subdivision. No landowner or land operator shall receive a building permit, grading permit, or subdivision approval for any project involving Land Disturbance Activities subject to this ordinance until first meeting the requirements of this ordinance prior to commencing the proposed activity. (c) Exceptions. The following activities shall be exempt from the stormwater performance criteria of this ordinance: (i) Agricultural activity. (ii) Repairs to any Stormwater Treatment Practice deemed necessary by the City. (iii) Emergency actions as declared by the City. (iv) Land Disturbance Activities which do not meet the thresholds described in this section. Subd. 6. RESERVED. Subd. 7. Application Requirements Unless otherwise exempted by this ordinance, an application for stormwater management approval shall include the following as a condition for its consideration: (a) a Stormwater Management Plan; (b) a Maintenance Agreement; and, (-4)(c) Review fee, if required. The Stormwater Management Plan shall be prepared to meet the requirements of Subd. 5 of this ordinance; the Maintenance Agreement shall be prepared to meet the requirements of Subd. 10 of this ordinance. Subd. 8. three copies of the Maintenance Agreement, and any required review fees. RESERVED Ordinance No. ##tf 4 DATE Subd. 9. Waivers and Deviations (a) Every Applicant shall provide for Stormwater Management, unless a waiver is granted. Requests to waive the Stormwater Management requirements shall be submitted to the City for approval. The minimum requirements for Stormwater Management may be waived in whole or in part upon written request of the Applicant, if the City determines that at least one of the following conditions applies: (i) It can be demonstrated that the proposed Land Disturbance Activity will not impair attainment of the objectives of this ordinance. (ii) Alternative minimum requirements for on -site management of stormwater discharges have been established in a Stormwater Management Plan that has been approved by the City. iii Provisions are made to manage stormwater by an Off -Site Facility. The Off - Site Facility is required to be in place, to be designed and adequately sized to provide a level of Stormwater Management that is equal to or greater than that which would be afforded by on -site practices and has a legally obligated entity responsible for long-term operation and maintenance of the stormwater treatment practice. (b) The City Engineer may administratively grant deviations from any requirement of the Medina Stormwater Design Manual upon a determination, in their professional judgement, that: (i) Satisfaction of the requirement is not feasible based upon the specific conditions or implementation of alternative measures better achieves the objectives of this ordinance; and (ii) Alternative measures are implemented to minimize impacts and to achieve the objectives of the requirement; and (iii) Such deviation will not be detrimental to public health, safety, and welfare. Subd. 10. Stormwater Treatment Maintenance Plan and Agreement During the application process, the City shall determine who the Responsible Party will be for ownership and maintenance of all Stormwater Treatment Practices. The Responsible Party shall enter into a Maintenance Agreement with the City that documents all responsibilities for operation and maintenance of all Stormwater Treatment Practices. Such responsibility shall be documented in a maintenance plan and executed through a Maintenance Agreement. The Maintenance Agreement shall be executed and recorded against the parcel. Ordinance No. ### 5 DATE (a) Maintenance Agreement The stormwater Maintenance Agreement shall be in a form approved by the City, shall describe the inspection and maintenance obligations of this section and shall, at a minimum: (1) Designate the Responsible Party, which shall be permanently responsible for maintenance of the structural or nonstructural measures. (2) Pass responsibility for such maintenance to successors in title. (3) Grant the City and its representatives the right of entry for the purposes of inspecting all Stormwater Treatment Practices as described in Subd. 10(b) below. (4) Allow the City the right to repair and maintain the facility, if necessary maintenance is not performed after proper and reasonable notice to the Responsible Party as described in Subd. 10(d) below. (5) Include a maintenance plan that contains, but is not limited to the following: (i) Identification of all structural Stormwater Treatment Practices. (ii) A schedule for regular inspection, monitoring, and maintenance for each practice. Monitoring shall verify whether the practice is functioning as designed and may include, but is not limited to quality, temperature, and quantity of runoff. (iii)Identification of the Responsible Party for conducting the inspection, monitoring, and maintenance for each practice. (6) Identify a schedule and format for reporting compliance with the Maintenance Plan to the City. (b) Inspection of Stormwater Facilities Inspection programs shall be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the National Pollutant Discharge Elimination System (NPDES) stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater treatment practices. When any new Stormwater Treatment Practice is installed on private property, or when any new connection is made between private property and a public drainage control system, sanitary sewer, or combined sewer; the property owner shall grant to the City the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when the City has a reasonable basis to believe that a violation of this ordinance is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this ordinance. Ordinance No. ### 6 DATE (c) Records of Installation and Maintenance Activities The Responsible Party shall make records of the installation and of all maintenance and repairs of the stormwater treatment practices, and shall retain the records for at least three (3) years. These records shall be made available to the City during inspection of the Stormwater Treatment Practice and at other reasonable times upon request. (d) Failure to Maintain Practices If a Responsible Party fails or refuses to meet the requirements of the Maintenance Agreement, the City, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the Stormwater Treatment Practice in proper working condition. In the event that the Stormwater Treatment Practice becomes a danger to public safety or public health, the City shall notify the Responsible Party in writing. Upon receipt of that notice, the Responsible Party shall have thirty days to perform maintenance and repair of the facility in an approved manner. After proper notice, the City may specially assess the owner(s) of the Stormwater Treatment Practice for the cost of repair work and any penalties; and the cost of the work shall be assessed against the property and collected along with ordinary taxes by the county. Subd. 11. Financial Security (a) The City shall require the submittal of a letter of credit or other financial security in a form acceptable to the City to insure that the Stormwater Treatment Practices are installed by the permit holder as required by the approved Stormwater Management Plan. The amount of the security shall be 150% of the total estimated construction cost of the Stormwater Treatment Practices approved. The performance security shall contain forfeiture provisions for failure to complete work specified in the Stormwater Management Plan. (b) The security shall be released in full only upon submission of "as built plans" and written certification by a registered professional engineer that the Stormwater Treatment Practice has been installed in accordance with the approved plan and other applicable provisions of this ordinance. The City will make a final inspection of the Stormwater Treatment Practice to ensure that it complies with the approved plan and the provisions of this ordinance. Provisions for a partial pro -rata release of the security based on the completion of various development stages may be done at the discretion of the City. Subd. 12. Notice of Construction Commencement The Applicant must notify the City in advance before the commencement of construction. Regular inspections of the Stormwater Treatment Practice construction shall be conducted by the staff of the City or certified by a professional engineer or their designee, and the Applicant shall be responsible for the costs of such inspections. All inspections shall be documented and written reports prepared that contain the following information: (a) the date and location of the inspection, (b) whether construction is in compliance with the approved Stormwater Management Plan, Ordinance No. ### 7 DATE (c) variations from the approved construction specifications, (d) any violations that exist. If any violations are found, the Applicant shall be notified in writing of the nature of the violation and the required corrective actions. No added work shall proceed until any violations are corrected and all work previously completed has received approval by the City. Subd. 13. As Built Plans All Applicants are required to submit actual "as built" plans for any Stormwater Treatment Practices located on -site after final construction is completed. As -built plans must show the final design specifications for all Stormwater Treatment Practices, and the plans must be certified by a professional engineer. A final inspection by the City is required before the release of any performance securities can occur. The City may waive certain requirements for the as built plans, provided the Applicant provides sufficient information to verify that the improvements were installed as designed. Subd. 14. Violations In addition to any other remedy afforded to the City in law or in equity, Aany person who commences or conducted Land Disturbance Activity contrary to this ordinance is guilty of a misdemeanor and may be prosecuted as such, restrained by injunction or any resulting condition may otherwise be abated in ally manner provided by law. (a) Notice of Violation When the City determines that an activity is not being carried out in accordance with the requirements of this ordinance, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain: (1) the name and address of the owner or Applicant, (2) the address when available or a description of the land upon which the violation is occurring, (3) a statement specifying the nature of the violation, (4) a description of the remedial measures necessary to bring the development activity into compliance with this ordinance and a time schedule for the completion of such remedial action, (5) a statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed, and (6) a statement that the determination of violation may be appealed to the City by filing a written notice of appeal within fifteen (15) days of service of notice of violation. (b) Stop Work Orders Persons receiving a notice of violation will be required to halt all construction activities. This Stop Work Order will be in effect until the City confirms that the Land Disturbance Activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this ordinance. Ordinance No. ### 8 DATE (c) Civil and Criminal Penalties In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this ordinance shall be guilty of a misdemeanor and subject to prosecution. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues. (d) Restoration of Lands Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the City may take necessary corrective action, the cost of which may, after notice and opportunity for hearing, be specially assessed against the property and collected along with the ordinary taxes by the county. Subd. 15. Holds on Occupancy Permits Occupancy permits will not be granted until all Stormwater Treatment Practices have been installed and accepted by the City, or a financial guarantee in a form acceptable to the City has been submitted to ensure completion. Subd. 16. Duration of Approval; Revocation of Approval (a) Approved plans issued under this section shall be valid from the date of approval through the date the City notifies the owner that all stormwater treatment practices have passed the final inspection required under approved conditions, or the approval is revoked. (b) Revocation of the stormwater approval may be made by the City if requirements within this ordinance are not fulfilled, or the owner or Applicant is unable to fulfill the ordinance requirements. If an approval is revoked, the Applicant must resubmit a Stormwater Management Plan prior to proceeding with any subsequent Land Disturbance Activity. Subd. 17. Appeals Any person aggrieved by the action of any official charged with the enforcement of this ordinance, as the result of the disapproval of a properly filed application for approval, issuance of a written notice of violation, or an alleged failure to properly enforce the ordinance in regard to a specific application, shall have the right to appeal the action to the City. (a) The Applicant shall submit the appeal in writing and include supporting documentation. (b) City staff shall make a decision on the appeal within 15 business days of receipt of a complete appeal application. (c) The Applicant may appeal the decision of city staff to the city council. This appeal must be filed with the City within 30 days of City staff's decision. Subd. 18 Compatibility with Other Permit and ordinance Requirements This ordinance is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. The requirements of this ordinance should be considered minimum requirements, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule or Ordinance No. It#N# 9 DATE regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall take precedence. Subd. 19. Severability If the provisions of any article, section, subsection, paragraph, subdivision or clause of this ordinance shall be judged invalid by a court of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this ordinance, which shall remain in full force and effect. SECTION II. This ordinance shall become effective upon its adoption and publication. Adopted by the Medina city council this day of , 2021. Kathleen Martin, Mayor Attest: Jodi M. Gallup, City Clerk Published in the Crow River News on the day of , 2021. Ordinance No. ### 10 DATE SECTION 5 5. GOALS AND POLICIES 5.1. Summary The primary goal of Medina's SWMP is to provide a framework for effective surface water management and to bring the City into statutory compliance. This includes guiding redevelopment activities and identifying and implementing retrofits to the existing system. These retrofits consist of both projects and programs. Additionally, the plan provides clear guidance on how Medina intends to manage surface water in terms of both quantity and quality. The goals and policies described in this section are intended to incorporate the foundation of several regional, state, and federally mandated programs. They are not meant to replace or alter the regional, state and federally mandated programs, rules and regulations, but to serve as an enhancement and provide some general policy guidelines. The goals address the management strategies of each watershed management commission, Pioneer -Sarah Creek, Minnehaha Creek and Elm Creek, and are consistent with the objectives set forth in the State Wetland Conservation Act (WCA) and the Federal Nationwide Urban Runoff Program (NURP) Cooperation, collaboration, and partnering results in projects that are less likely to conflict with the goals of the affected entities, are better able to meet long-term goals, and are generally more cost-effective. In addition to the goals and policies contained in this section, the City will annually review and update its Storm Water Pollution Prevention Plan (SWPPP) to effectively manage its stormwater system and be in conformance with the NPDES MS4 Program. Refer to Appendix B for the most recent version of the City SWPPP. This section outlines the goals and policies specific to surface water management in Medina. Goals and policies are grouped by their relationship to the key issues listed below: • Section 5.2 - Land Development, Redevelopment, and City Projects • Section 5.3 - Water Resource Management • Section 5.4 - Management of Floodplains, Shorelands, and Natural Areas • Section 5.5 - Citywide Program Elements • Section 5.6 - Support of Other Agencies 5.2. Land Development, Redevelopment, and City Projects Overall Goal Manage land disturbance and increased impervious surfaces to prevent flooding and adverse impacts to water resources. Overall Policies 1. Medina will pursue a non -degradation policy in regard to runoff volume, runoff rate, and nutrient loading from development projects. Low Impact Development (LID) techniques are Medina's preferred method of controlling runoff volume and nutrient loading. Medina considers LID techniques as complementary to pipes, ponds, and wetlands for its flood control system. Surface Water Management Plan City of Medina Section 5 WSB Project No. 2714-940 Page -1 SECTION 5 2. Medina will consider redevelopment and linear projects as an opportunity to retrofit non -degradation to previously developed areas and infrastructure. 3. Medina will amend or modify its ordinances and/or engineer standards to facilitate stormwater quantity and quality performance measures identified in its Local Surface Water Management Plan. 4. Medina will consider water quality retrofits on existing City properties as a means of providing treatment to currently developed areas without treatment. 5. Medina will reference the following documents as guidance for Best Management Practices in the City: The Minnesota Pollution Control Agency's Protecting Water Quality in Urban Areas and its Minnesota Stormwater Manual, and the Metropolitan Council's Minnesota Urban Small Sites BMP Manual. 5.2.1.Runoff Volume Management Goal: Maintain existing runoff volumes so that runofffrom development does not increase volume loading to wetlands, lakes and streams. Policy: Any site that requires an NPDES construction site permit will be required to implement permanent volume management such that existing runoff volumes are maintained. Sites that do not require an NPDES construction site permit shall maintain existing runoff volumes to the extent practical. Policy: Medina's preferred water quality strategy is to reduce the volume of its runoff through infiltration or reuse projects. If volume control is not feasible due to site conditions, the City will establish alternatives to achieve relevant volume control goals. Volume control calculations will be consistent with Medina's Stormwater Design Manual. Policy: Redevelopment and linear projects will implement runoff volume management practices for net new impervious surfaces. Redevelopment and linear projects will consider whether additional runoff volume management practices might feasibly be incorporated for existing impervious surfaces also. 5.2.2. Runoff Rate Goal: Control the rate of stormwater runofffrom development to reduce downstream flooding and erosion and protect water resources. Policy: Future peak rates of discharge from new development and redevelopment will not exceed existing peak rates of discharge for the 1-yr or 2-yr, 10-yr and 100-yr 24 -hour storm events using Atlas 14 rainfall values. MSE-3 distribution shall be used. Policy: New storm sewer systems shall be designed using the following guidelines: Surface Water Management Plan City of Medina Section 5 WSB Project No. 2714-940 Page -2 SECTION 5 New lateral storm sewer systems shall be designed to accommodate discharge rates for the 10-yr critical storm event using Atlas 14 rainfall values. Trunk storm sewer should be designed as a minimum to carry 100 -year pond discharge in addition to the 10 -year design flow. New storm sewer systems shall be designed to match the inside top elevation of adjacent pipes. The maximum velocity shall not exceed 10 feet per second, except when entering a pond, where the maximum velocity shall be limited to 6 feet per second. Policy: New storm sewers and open channels shall be designed using the Rational Method or other technical method approved by the City. Runoff Coefficient "C" shall be in accordance with the guidelines provided in the Stormwater Design Manual. Policy: The City will base all drainage system analyses and designs on proposed full development land use patterns. Policy: Where development occurs upstream of a known flood -prone area, the City may seek additional rate control as a means to mitigate this flooding. Policy: When off -site regional ponding is available and this off -site ponding accomplishes the rate control requirement, then the rate control requirement can be waived for a particular site. 5.2.3. Flood Prevention Goal: Provide adequate storage and conveyance of runoff to protect the public safety and minimize property damage. Policy: Building low floor elevations within the City of Medina shall be required to be at least 2 feet above the emergency overflow elevation. In areas where this separation is not or cannot be provided, additional analysis is required showing that the 100 -year back-to-back storm event does not affect adjacent homes. Policy: Flood storage for those landlocked depressions with no outlet present must accommodate the volume generated by back-to-back 100-yr, 24 -hr storm events or the 100-yr, 10 -day snowmelt event, whichever generates the higher calculated HWL. Policy: The City will encourage, to the extent practicable, implementation of Low Impact Development techniques and mitigation of stormwater runoff volume within development and redevelopment areas draining to landlocked depressions. Policy: The City shall require that rate control structures and stormwater drainage ways are included in a drainage or utility easement. Policy: The City will require compensatory storage for any filling in the 1% (100 -year) floodplain at a 1:1 ratio. Policy: Medina will amend or modify its Floodplain Management Ordinance to incorporate the policies identified in its Local Surface Water Management Plan.6 Surface Water Management Plan City of Medina Section 5 WSB Project No. 2714-940 Page -3 SECTION 5 5.2.4. Nutrient and Sediment Loading Goal: Reduce the nutrient and sediment loads over current conditions. Policy: Medina's minimum standard is water quality treatment that meets the requirements of the NPDES construction site permit. Under no circumstances shall overall treatment fall below the requirements of this permit. Policy: Any site that requires a NPDES construction site permit will be required to reduce phosphorus loadings over current conditions. The water quality control standard shall be considered satisfied if the volume control standards has been satisfied, as defined in the City's Stormwater Design Manual. If volume control is infeasible due to site constraints, a 20% reduction in phosphorus loading over existing conditions will be required for redevelopment projects. In cases where existing land cover is natural, the maintenance of existing loading rates is acceptable if the minimum requirements identified in the policy above are met. Policy: Medina will institute a standard practice of evaluating all development, redevelopment, and linear projects for opportunities to retrofit water quality treatment to areas without significant existing treatment. Policy: Guidelines for the design of water quality ponds and infiltration/filtration practices will follow the requirements listed in the City's Stormwater Design Manual. Policy: The City will require outlet skimming in all water quality ponds. Skimming shall occur for up to the 10 -year, 24 -hour event. The City shall not allow the use of submerged pipes to provide skimming. Policy: The City will require the use of its standard outlet structure (Appendix G) for new water quality ponds. 5.2.5.Erosion and Sediment Control Goal: Prevent sediment from construction sites from entering the City's surface water resources. Policy: The City will enforce the Construction Site Storm Water Runoff Control Ordinance as outlined in Chapter 8 of the City Code; Section 828 Performance Standards and Enforcement. Policy: Erosion control must meet the requirements outlined in the Minnesota Pollution Control Agency's NPDES General Permit to Discharge Stormwater from Construction Sites and the following criteria. A copy of the most recent requirements can be found at www.mpca.mn.us. Policy: The City will periodically review its Construction Site Storm Water Runoff Control Ordinance to maintain conformance with the NPDES construction permit, the City's MS4 permit, guidance from Metropolitan Council and the requirements of the watershed management organizations. Surface Water Management Plan City of Medina Section 5 WSB Project No. 2714-940 Page -4 SECTION 5 5.3. Water Resource Management Overall Goal Protect the City's wetlands, lakes, streams and groundwater to preserve the functions and values of these resources for future generations. Overall Policies 1. The City will protect water resources through implementation of the Wetland Conservation Act, groundwater protection rules and TMDL studies. 2. The City will look to retrofit rate control, water quality treatment, and runoff volume reduction upstream of existing water bodies, as these opportunities arise. Medina considers Low Impact Development techniques as the preferred means of retrofitting water quality treatment and runoff volume reduction. 5.3.1. Wetland Management Goal: Protect and preserve wetlands to maintain or improve their function and value. Policy: The City will continue to administer WCA responsibilities within the City to ensure no net loss of wetland functions and values. Policy: The City will administer their WCA responsibilities using technically trained staff. At a minimum the trained staff will be certified by the Minnesota Wetland Delineator Certification Program and/or a comparable program. Policy: The City will work collaboratively with the relevant WMO in the application of City and WMO policies and performance standards for wetlands. Policy: The City will implement the Wetland Protection Ordinance, City Code 828.43, which incorporates the results of the City's Wetland Inventory and Assessment. Policy: The City will require that, prior to development activities or public projects, a wetland delineation must be completed, including a field delineation and report detailing the findings of the delineation. Policy: The City requires through its wetland ordinance that future development proposals include natural buffer zones around wetlands and streams. Buffer areas should not be mowed or fertilized, except that harvesting of vegetation may be performed to reduce nutrient inputs. Policy: The City requires that runoff be pre-treated prior to discharge to wetlands. Wetlands may not be considered as treatment areas for the purposes of meeting Medina's stormwater management standards. Direct roof runoff that is discharged to a wetland without pretreatment will be reviewed by the City. 5.3.2.Lake Management Surface Water Management Plan City of Medina Section 5 WSB Project No. 2714-940 Page -5 SECTION 5 Goal: Manage lakes to improve water quality and protect resource values. Policy: The City will begin implementing the TMDL Implementation Plans listed in Section 2. Through its annual reporting, the City will report progress toward meeting this phosphorus load reduction. Policy: The City will cooperate with the Three Rivers Park District, Pioneer -Sarah Creek Watershed, Elm Creek Watershed, and Minnehaha Creek Watershed to identify possible activities to improve water quality in impaired waterbodies. 5.3.3.Stream Management Goal: Improve water quality, provide wildlife habitat and protect the resource value of streams. Policy: The City will work with the ECWMC to facilitate implementation of the outcomes of the Elm Creek Channel Study. Policy: The City will cooperate with the PSCWMC and the ECWMC to remove deadfall from creeks within the City. Policy: The City will require a 50 foot buffer for land disturbance projects along Elm Creek. 5.3.4. TMDL Implementation Goal: Address target pollutants identified in TMDL studies to improve the quality of impaired waters. Policy: The City will implement the pollutant reduction strategies identified in the SWPPP. Policy: The City will incorporate completed TMDL studies and relevant implementation projects. Policy: The City will use the findings of the TMDL studies to guide development review. Policy: The City will consider Low Impact Development techniques as the primary means of meeting load reductions identified in TMDL implementation plans. 5.3.5. Groundwater Recharge and Protection Goal: Protect groundwater resources and groundwater dependent resources. Policy: The City will cooperate with Hennepin County, MDH, and other state and federal agencies to identify areas of groundwater resources critical to protect. Policy: The City will use the guidance developed in the Minnesota Stormwater Manual for locating infiltration BMPs in vulnerable Wellhead Protection Areas. Surface Water Management Plan City of Medina Section 5 WSB Project No. 2714-940 Page -6 SECTION 5 5.4. Management of Floodplains, Shorelands, and Natural Areas Overall Goal Manage the City's floodplains, shorelands and natural areas to preserve the functions and values of these resources for future generations. Overall Policy The City will manage these areas through implementation of local zoning codes and agency regulations. 5.4.1.Floodplain Management Goal: Control development in flood prone areas to protect the public safety and minimize property damage. Policy: The City will regulate land development within the Floodplain District to ensure that floodplain capacity and flood elevations are not adversely impacted by development, and that new structures are protected from damage. Policy: The City will update the Floodplain Management Ordinance, City Code 826.74 as required by FEMA and the MnDNR, or as needed, to ensure adequate protection for structures and eligibility for flood insurance programs. 5.4.2.Shoreland Management Goal: Conserve and protect the scenic, historical and cultural resources of the waterbodies within the City and maintain a high standard of environmental quality. Policy: The City will regulate land development within the Shoreland Overlay District to minimize impacts as specified in the City Code 827.01. 5.4.3.Natural Area Management Goal: Protect and enhance natural areas within the City to provide wildlife habitat and water resource benefits. Policy: The City will review land use and development decisions with the intent to preserve natural resources, connect environmental corridors and provide buffers for streams, wetlands and lakes. Existing MLCCS coverage and other data sources will guide decisions regarding natural area preservation. Figure 18 shows parcels owned by the City. These parcels will be reviewed to possibly enhance natural areas and provide water resource benefits. Policy: The City will support programs to maintain and restore the resource value of natural areas. Policy: The City will continue to implement its Open Space Plan and will coordinate with the Surface Water Management Plan City of Medina Section 5 WSB Project No. 2714-940 Page -7 SECTION 5 Parks Department on future development. Policy: The City will cooperate with the MCWD to implement conservation practices for those areas identified in the MCWD CWRMP as Key Conservation Areas. Policy: The City will coordinate conservation efforts with other agencies, such as watersheds, Hennepin County, Three Rivers Park and non -governmental bodies, like the Minnesota Land Trust, Embrace Open Space and Pheasants Forever. Policy: The City will require permanently conserved land to be held in an easement by an outside agency, such as the Minnesota Land Trust, a watershed district or similar entities. 5.5. City Wide Program Elements Overall Goal Manage water resources and drainage systems on a citywide scale. Overall Policies 1. The city wide surface water management program will include monitoring and maintenance of drainage systems, targeted pollution prevention, public education, system reconstruction projects and equitable collection of supporting funds. 2. The City will actively implement the NPDES Stormwater Pollution Prevention Plan as stated in the MS4 permit. 3. The City will work with the Watershed having jurisdiction and applicable LGU to resolve any intercommunity drainage issues that may arise. 5.5.1.Pollution Prevention Goal: Detect and address urban pollutants discharged to storm sewers. Policy: The City will address pollutant sources through enforcement of codes and public education. Policy: The City will develop and maintain an effective spill response plan. Policy: The City will continue to develop and update their storm sewer system on an annual basis. Policy: The City will complete employee training in the operation, maintenance and inspection of stormwater facilities, as included in the SWPPP. Policy: The City will monitor storm sewer outfalls for pollutants as outlined in the City's NPDES permit. 5.5.2. Monitoring and Maintenance Surface Water Management Plan City of Medina Section 5 WSB Project No. 2714-940 Page -8 SECTION 5 Goal: Maintain the function and effectiveness of stormwater management structures through monitoring and maintenance. Policy: The City will continue to conduct annual street sweeping of City owned streets. Rural road sections will be swept at least once annually and the urban road sections will be swept at least three times annually. Policy: The City will inspect and monitor the construction and installation of all new stormwater facilities and require that such facilities be surveyed to create as -built drawings. Goal: Ensure the long term operation and maintenance of stormwater management BMPs. Policy: The City will require that all ponds constructed as part of a common plan of development be placed on outlots. Policy: The City will require that all ponds be returned to their original design capacity prior to acceptance by the City and that an as -built design be submitted to verify that the pond meets the original design capacity. Policy: The City will require developers to provide a minimum one-year guarantee that stormwater management facilities are properly installed, maintained and functioning. Policy: The City will require that an operation and maintenance plan for the proposed stormwater management BMPs be submitted for all development and redevelopment projects. 5.5.3. Public Education Goal: Inform and educate residents about stormwater pollution, the effects of urban runoff and the need to protect natural resources. Policy: The City will implement a public education and outreach program as identified in the City's NPDES permit. Policy: The City will develop and maintain a public education program for landowners to promote reduction of nutrient, sediment, and bacteria loading to water bodies. The City will encourage residents and landowners to practice environmental friendly lawn care and to encourage the use of native plantings or natural landscapes, where practical. Policy: The City will coordinate public education work with the local WMOs. Policy: The City will promote citizen and volunteer efforts to protect, restore and enhance local water and natural resources. Policy: The City will use available opportunities through its public meetings, website, City newsletter, Comprehensive Plan, or interpretive elements at parks and open space sites to inform its residents about the value of local water resources, the effects of stormwater runoff, and opportunities for stewardship of water and natural resources. Surface Water Management Plan City of Medina Section 5 WSB Project No. 2714-940 Page -9 SECTION 5 5.5.4. Funding Goal: Secure adequate funding to support implementation of the surface water management plan. Policy: The City will cost effectively manage the plan to balance surface water goals with available resources. Policy: The City will seek grant funds or other resources to assist with special projects or implementation of plan goals. Policy: The City will utilize the Stormwater Utility Fund to pay for stormwater management projects and implementation activities. 5.6. Support of Other Agencies Overall Goal: Coordinate local surface water management with the work of watershed management organizations and state agencies. Overall Policy: The City will cooperate and collaborate with the local water management organizations in their efforts to maintain and improve water quality in the city. Goal: Facilitate WMO review of development projects and enforcement of watershed standards. Policy: Policy: Medina will coordinate development review activities with the watershed organizations with jurisdictions overlapping that of the City. Goal: Cooperate with other organizations to complete and implement management plans and studies for water resources in Medina. Policy: The City will work with local watershed management organizations, Hennepin County, and others when appropriate and as resources are available to participate in resource management plans or studies that benefit water and natural resources. Policy: The City will work with the local watershed management organizations to jointly implement the LSWMP. Goal: Cooperate with other organizations working to protect groundwater resources. Policy: The City will cooperate with the County and water management organizations to implement the recommendations of the Hennepin County Groundwater Plan, to protect groundwater quality by reducing the potential for transport of stormwater pollutants into the groundwater, and maintaining the functions of groundwater recharge areas. Policy: The City will support well -sealing programs developed by Hennepin County and the Minnesota Department of Health. Surface Water Management Plan City of Medina Section 5 WSB Project No. 2714-940 Page -10 1 CITY OF MEDINA 2 PLANNING COMMISSION 3 DRAFT Meeting Minutes 4 Tuesday December 8, 2020 5 6 1. Call to Order: Chairperson Reid called the meeting to order at 7:00 p.m. 7 8 Reid read a statement explaining that the meeting is being held virtually and provided 9 information on how members of the public can participate. 10 11 Present: Planning Commissioners Theresa Couri, PeterGalzki, Ron Grajczyk, Cindy Piper, 12 Justin Popp, and Robin Reid. 13 14 Absent: Planning Commissioner Beth Nielsen. 15 16 Also Present: City Planning Director Dusty Finke. 17 18 2. Public Comments on Items not on the Agenda 19 20 No comments made. 21 22 3. Update from City Council Proceedings 23 24 Finke reported that the Council recently met and reviewed some of the land use items 25 previously reviewed by the Commission and provided an update, noting that the Council 26 approved the items as recommended by the Commission. He stated that the City received a 27 grant to complete a study related to fire and emergency response coverage for the City and 28 noted that the Council is looking to work with neighboring communities and the fire 29 departments in attempt to regionalize fire and rescue services. He also provided information 30 on refinancing bonds and the adopted budget and levy for 2021. 31 32 4. Planning Department Report 33 34 Finke provided an update. He advised of upcoming vacancies on the Commission. 35 36 5. Public Hearing — Ordinance Amendment — Chapter 8 of the City Code — 37 Pertaining to Density and Net Area per Dwelling in the Residential -Mid 38 Density (R3), Residential Multiple Family (R4), Mixed Use (MU, and Mixed 39 Residential (MXR) Zoning Districts 40 41 Finke provided background on the density regulations within residential districts, noting that 42 bonuses can be eamed by incorporating optional design elements. He stated that one of those 43 optional provisions was a provision that incorporated sound suppression that goes above the 44 State standard. He stated that comments were received from the Minnesota Department of 45 Labor and Industry (NIDLI) requesting that the City remove that provision as it was seen to 46 be inconsistent with the State Building Code. He stated that the position of the City is that it 47 is not a required element, but because legal action has been threatened, staff is looking to 48 remove that provision from the Code. He stated that staff reviewed the ordinance more 49 broadly when reviewing this amendment and reviewed the two suggestions. He stated that 50 one of the amendments would be to incorporate an allowance for additional density to be 51 earned by incorporating additional architectural and landscaping elements. He stated that one 52 of the provisions allows for additional density if there are oversized garages or lockable 53 storage units. He noted that the sizing varies throughout the different residential districts and 54 stated that staff suggested better aligning those sizes and reviewed that recommendation. He 1 55 reviewed the items on which he would like input from the Commission including the 56 allowable densitybonus range. 57 58 Galzki asked if there has been talk about pursuing this issue further before making the 59 ordinance change. He recognized the threat of legal action from the MDLI and asked if there 60 has been input from the City Attorney. 61 62 Finke reported that staffengaged in discussions with the MDLI and that group was not open 63 to compromise. He stated that there was consultation from the City Attorney and while the 64 Council agreed that method should be encouraged, the issue should not be pursued. He stated 65 that the other reality is that within a townhome development, that additional sound 66 suppression would most likely be provided through building practices. He noted that there 67 are other methods which can be utilized to achieve the bonus density if desired. 68 69 Grajczyk asked for clarification on the changes to the storage size. 70 71 Finke reviewed the current storage size and the recommendation of staff related to the range 72 for bonus density. 73 74 Grajczyk asked for clarification on the sound suppression and related unit size. 75 76 Finke clarified how the sound suppression bonus related to unit size and noted that the 77 provision is proposed to be removed. 78 79 Grajczyk stated that he recognizes the concerns of the City. He asked for more information 80 on the opinion of MDLI. 81 82 Finke stated that MDLI threatened to move forward with legal proceedings against the City. 83 84 Grajczyk asked for clarification on the differences between the R3 and R4 districts. 85 86 Finke explained the differences between R3 and R4 and the related allowed bonuses. 87 88 Grajczyk stated that R3 seems to be more popular. He asked if the R4 developments are 89 more popular in neighboring communities. 90 91 Finke replied that it would be difficult to compare to neighboring communities because of the 92 available land designated for the higher densities within Medina. He replied that there is not 93 a significant amount of medium density development in Medina outside of the townhome 94 development which is under construction. He stated that there is one 15 -acre parcel 95 designated for R4, while the other lots are only a few acres, therefore there is not a lot of 96 opportunity for R4 development. He stated that there are more opportunities formixed use 97 but noted that only a small portion of that development would be likely to develop at high 98 densities. 99 100 Couri asked how often developers invoke this provision in order to achieve bonus density and 101 whether there would be a significant impact to removing the provision. 102 103 Finke replied that there have been two townhome developments within the R3 district that 104 utilized the sound suppression provision in order to achieve a density bonus. 105 106 Couri agreed that it does not seem that it would be worth engaging in litigation and would 107 support removing the provision. 108 2 109 Popp stated that this amendment would remove the provision related to sound suppression but 110 then enhance the provision related to the oversized garage/storage units. He asked if the 111 garage/storage bonus option would be enough to offset the removal of the sound suppression 112 provision. He referenced the LEAD provision has been utilized by developers to achieve 113 bonus density. 114 115 Finke replied that provision has not been utilized as of yet. He stated that the City also has 116 not had an apartment or multi -family development come through since that provision has 117 been added. 118 119 Reid opened the public hearing at 7:34 p.m. 120 121 No comments made. 122 123 Reid closed the public hearing at 7:34 p.m. 124 125 Galzki commented that while he does not agree with removing the sound suppression 126 provision, he also understands that the City does not want to go forward with legal 127 proceedings. He agreed that the easiest way to move forward would be to remove that 128 provision related to sound suppression and agreed that it would make sense to add the 129 provision related to additional architectural design and landscaping. He stated that he also 130 supports the changes to the provision related to garage/storage units. He stated that he also 131 agrees with the allowance of up to 20 percent for R4. He stated that he would not support 132 bonus density for smaller lots and would be fine leaving that language as currently written. 133 134 Piper commented that staff has done a tremendous job in this sticky situation. She stated that 135 this amendment seems well thought out. 136 137 Grajczyk echoed the comments of Galzki and agreed that staff did an excellent job addressing 138 this situation. 139 140 Couri agreed with the staff recommendations and comments of Galzki. 141 142 Popp stated that he agrees with the comments made related to sound suppression. He agreed 143 that the increase proposed for the provision related to garage/storage would be appropriate. 144 He commented that the additional provision related to additional architectural design and 145 landscaping would be a good addition. He commented that the current incentive tiers make 146 sense. He stated that he did not have a strong feeling towards the allowance up to 20 percent 147 in bonus density and would lean towards leaving it as stated but could also support the 148 recommendation of staff. 149 150 Reid complimented staff for their response to this situation and detail provided in the staff 151 report. She agreed that it would not be worth pursuing legal action and that the sound 152 suppression provision should be removed. She stated that she agrees with the recommends 153 made by staff. 154 155 Motion by Galzki, seconded by Grajczyk, to recommend approval of the ordinance 156 amendment with bonus for additional architectural and landscaping in R3 and with allowance 157 for additional 20% in R4. 158 159 A roll call vote was performed: 160 161 Galzki aye 162 Piper aye 163 Grajczyk aye 3 164 Couri aye 165 Popp aye 166 Reid aye 167 168 Motion carries unanimously. 169 170 6. Approval of the November 10, 2020 Draft Planning Commission Meeting Minutes. 171 172 Motion by Piper, seconded by Galzki, to approve the November 10, 2020, Planning 173 Commission minutes with the noted corrections. 174 175 A roll call vote was performed: 176 177 Galzki aye 178 Piper aye 179 Grajczyk aye 180 Couri aye 181 Popp aye 182 Reid aye 183 184 Motion carries unanimously. 185 186 7. Council Meeting Schedule 187 188 Finke advised that the Council will be meeting the following Tuesday and Galzki volunteered 189 to attend in representation of the Commission. 190 191 Reid noted that this is her last meeting as a member of the Planning Commission. She 192 expressed appreciation for her ability to serve in this capacity and with the member of the 193 Commission. 194 195 Piper recognized Reid for her incredible commitment to the community, noting that Reid has 196 seen tremendous change in Medina throughout that time. She commented that Reid has been 197 a gift to the community and will continue to do so as a member of the City Council. She 198 thanked Reid. 199 200 Galzki congratulated Reid for her victory in the election. 201 202 Couri congratulated Reid and thanked her for her service. 203 204 Reid thanked everyone for the kind words. 205 206 8. Adjourn 207 208 Motion by Galzld, seconded by Piper, to adjoum the meeting at 7:50 p.m. Motion carried 209 unanimously. 4 JANUARY SMTWT FS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 FEBRUARY SMTWTFS 31 1 2 3 4 5_ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MARCH SMTWTFS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 APRIL SMTWTFS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 NI kl- S M T W T F S 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 JUNE SMTWTFS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 JULY SMTWTFS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AUGLST SMTWTFS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SEPTEMBER SMTWTFS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 OCTOBER SMTWTFS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 NONEMBER SMTWTF S 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 DECEMBER SMTWTFS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 NIEDINA 2021 MEETING CALENDAR El 0 0 0 CITY COUNCIL - 7:00 pm 1 st Tuesdays* WORK SESSION - 6:00 pm CITY COUNCIL - 7:00 pm 3rd Tuesdays* PLANNING COMMISSION - 7:00 pm 2nd Tuesdays* PARK COMMISSION - 7:00 pm 3rd Wednesdays* HOLIDAYS ELECTION DAYS CITY EVENTS *unless otherwise noted January 19th: 5 PM City Council Goal Setting Session April 7th: 6:30 PM Board of Appeal and Equalization Meeting April 20th: 6 PM - Continuation of Board of Appeal Meeting April 24th: 8 AM to Noon Clean-up Day May 22nd: Annual Bicycle Safety Rodeo for Kids August 3rd: Night to Unite Neighborhood Celebrations August 4th: Council meeting moved to Wednesday (Night to Unite on Tuesday) September 7th: 6 PM Budget Open House September 18th: Medina Celebration Day November 2nd: General Election Day - School District Elections (Council moved to Wednesday)