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HomeMy WebLinkAbout3.c. Ordinance Amendments EXECUTIVE SUMMARY City Council Work Session Meeting: October 5, 2020 AGENDA ITEM: Ordinance Amendments AGENDA SECTION: Discussion PREPARED BY: Kim Lindquist, Community Development Director Kyle Klatt, Senior Planner AGENDA NO. 3.c. ATTACHMENTS: None. APPROVED BY: LJM RECOMMENDED ACTION: Discussion Item Only SUMMARY Now that the Comprehensive Plan has been completed and approved, the next step is to begin amending the zoning ordinance to bring it into compliance with the Plan. In reviewing existing ordinances, there are two documents that need updating; the Wetland Conservation Plan and the Subdivision Ordinance. Staff will also be recommending several zoning ordinance updates over the next year. The Wetland Plan was last updated in 2013 and should be modified to address issues which have arisen since that time. The Subdivision Ordinance is very obsolete and should be updated so it is more consistent with current practice and is clearer for staff and developers. Wetlands Presently most of the local regulations associated with wetlands are found within the Wetlands Plan. Other regulatory agencies such as the DNR also have regulations, although the City’s regulations are more restrictive in several cases. This is particularly related to the buffer requirements. The other important aspect of our ordinance is the City regulates local wetlands, rather than relying on the DNR or Watershed Districts. This allows the City to reflect the goals of the community in our regulations. For example, because so much of the City is sandy and farmed, wetlands for the most part, only occur in the northeast and north central portions of the City. Current regulations put more emphasis in maintaining existing wetlands and including them as a feature in development proposals rather than filling them and purchasing wetland credits outside of the community. The update will bring more of the regulations into the City Code rather than housing them in the Wetlands Plan. In the recent past, use of the Plan as the regulatory authority has caused confusion for staff and the public. Further, some items in the Plan are hard and fast, while others are suggestions or provide flexibility. The ordinance will be clearer about instances where there is flexibility or not. The main issue for the Council discussion is the regulation of wetlands where a plat has not occurred. Under the current Plan, only wetlands that contain development (platting) are regulated with setbacks and buffer areas. Staff is recommending that all wetlands have a setback and buffer area regardless of whether a plat has occurred in the area. Staff is recommending structure setbacks similar to what is required during the platting process. Staff is also recommending a buffer or “no mow” area of a smaller amount than that regulated for platted lots. The recommended buffer in unplatted areas is sized smaller because through the platting process, the City obtains an easement over the buffer which restricts vegetative modifications. 2 Without development staff is recommending a 15-20’ no mow area. The benefit of no mow, regardless of platted lots, rurally developed lots, or vacant lots is the same; natural vegetation helps to filter run-off before going into the wetland. Staff has discussed this modification with the City Attorney who has indicated that these changes should not raise legal issues. Staff does not intend to conduct proactive enforcement relating to buffer maintenance in unplatted sites but would work with property owners to educate them on the benefits of having a natural area adjacent to existing wetlands. These regulations would also preclude removal of existing vegetation and construction of structures in close proximity to existing wetlands. Subdivision Staff is working through the Planning Commission to update the City’s subdivision ordinance. The Ordinance has been modified over time but no whole scale updates have occurred. Much of the work moves regulations into the Ordinance and preferred methods or designs into the Engineering Guidelines, which are also being revised and updated. One area staff is requesting feedback on is the idea of allowing administrative (staff) approval of specific lot divisions, reducing the amount of time for processing but also removing the public hearing process. At the meeting on Monday, staff will bring several lot division scenarios and ask if the Council is comfortable with staff approval versus the current situation which requires all divisions to receive Planning Commission and City Council approval, including a public hearing process. RECOMMENDATION Provide staff direction.