HomeMy WebLinkAbout04.27.99 Special Planning Packet
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AGENDA
PLANNING COMMISSION
Special
April 27, 1999 at 7:00 P.M.
Council Chambers 325 Oak Street
1.
CALL TO ORDER
2.
PUBLIC HEARINGS
7:00 PM
a) Conditional Use Permit - Blimpie Subs (continued from April 13, 1999)
b) Amend Title 10 Chapter 8 of the Farmington Zoning Ordinance: Interim UsePennits
3.
DISCUSSION
c) Amend Title 10 Chapter 9 of the Farmington Zoning Ordinance: Wetland Protection
Ordinance
4. ADJOURN
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmineton.mn.us
TO:
City Planning Commission
Michael Schultz n f)
Associate Planner f/-A:/
FROM:
SUBJECT:
Conditional Use Permit - Fast Food Establishment & Office Space
DATE:
April 27, 1999
DISCUSSION
Brett and Amy Jensen are seeking a conditional use permit for a fast food restaurant and office
space use within a proposed multi-use commercial building at the southeast corner of Pilot Knob
Road and Upper 183f Street. The property is part of the Dakota County Estates PUD and is
zoned B-1 (Limited Business). The applicants are also constructing the commercial building.
This is a continued public hearing from the April 13, 1999 Planning Commission meeting when it
was continued because of a lack of site plan information and engineering concerns, details are
given in the attached staff report dated April 13, 1999.
A meeting was not held until April 21 sl between Planning, Engineering and Building Inspection
staff and the applicant and their architect. Staff clarified the required information that was needed
to proceed with the conditional use permit. Because of the meeting date, it was not feasible for
the architect to revise the plans and for staff to properly review the revisions before the staff
reports were complete.
ACTION REOUESTED
Staff recommends that the public hearing be continued to the May 11, 1999 Planning
Commission in order to allow the architect to submit the revised site plans in addition to allowing
staff sufficient time to properly review those plans.
Respectfully Submitted,
Michael Schultz
Associate Planner
cc: Brett & Amy Jensen
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmin&ton.mn.us
TO:
City Planning Commission
Michael Schultz pP
Application for Conditional Use Permit- Brett & Amy Jensen
FROM:
SUBJECT:
DATE:
April 13, 1999
Planninl! Division Review
Applicant:
Attachments:
Subject Property:
Size of Property:
Proposed Use:
Proposed Building Size:
Proposed Parking:
Existing Zoning:
Existing Comprehensive
Plan Use:
Existing Land Use:
Surrounding Land Uses:
Brett & Amy Jensen
19438 Everest Path
Farmington, MN 55024
1. CUP Application
2. 10-3-2: Permitted and
Conditional Uses
3. Location Map
4. Site PlanlElevation Drawings
5. Memo from Jerry Auge dated April
9, 1999
Lot 1, Block 1, Dakota
County Estates 9th Addition
(southeast comer ofC.S.A.H. 31 and
Upper. 193rd St. W.)
+/- 1.1 acre
Fast Food Establishment and
Office Space
4,000 square feet
37 stalls/2 handicap stalls
R-4 (PUD)
Business
Vacant
North: Business
East: Multi-family (townhomes)
West: Single-family residential/ROW
South: Vacant Business
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DISCUSSION
Brett and Amy Jensen are proposing a 4,000 square foot commercial building on the southeast
corner of Pilot Knob Rd and Upper 183rd Street W. that would contain a fast food establishment
along with 2 leasible office spaces. The applicants are also reserving space to the north for future
expansion.
The fast food establishment will make up just over two-thirds of the floor space of the building,
the office/warehouse space would contain the remainder of the floor area.
One of the leasible office/warehouse spaces will be used by the applicants for the business of
landscaping and also automobile lettering. The front portion of the would be comprised of the
sales office of the landscape business, while the warehouse portion, which will have an overhead
door, is proposed to be used for both the storage of landscape vehicles and the for the use of the
automobile lettering. The Jensen's have stated that there will be no outdoor storage of landscape
material and heavy machinery.
The following is breakdown of the required review of the conditional use permit.
Landscaping- The landscape plan proposes a three-foot (3') high berm with Green Ash trees
along the east property line adjacent to English Ave to provide screening to residents across the
street. The remainder of the landscape plan proposes Green Ash to be planted along Pilot Knob
Rd and Pyramidal Arborvitae (pines) to be planted along the north property line of Upper 183rd
Street W. Pyramidal Arborvitae is also proposed within the interior around the building. It has
been calculated that over fifty percent (50%) of the site plan is shown as landscaping.
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Staff would recommend that some of the Pyramidal Arborvitae be replaced with the Green Ash
(or another species) especially along Upper 183rd Street W. and on the interior lot, the reason is
that.the Arborvitae's future width possibly will screen too much, especially along major
roadways. It might be recommended that some of the Green Ash along English be replaced with
two of the Arborvitae to add additional screening to the residential side.
Staff also recommends that landscaping be provided along side the building in the form of shrubs
and possibly rock beds.
An enclosed dumpster will be located on the English Street side of the building (the rear) and be
screened by the berm and Arborvitae to the north.
Parking/Access- The site plan proposes thirty-seven (37) parking stalls (9 feet by 18 feet) plus
two (2) handicap stalls, this amount satisfies the City's parking requirements. The main customer
parking is shown along Pilot Knob Rd., parking in the rear will be mainly employee parking.
Access into the parking lot will align with the access into the strip center to the north, near
English Ave. The other access along English will attempt to align as close to the townhome
driveway as possible.
Planning Staff has also reviewed the possibility to connect portions of this parking lot with future
adjacent parking lots to relieve continuous vehicular traffic onto English Ave. Staff recommends
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that the applicant at this time or an agreed upon future date (possibly when development of the
south lot occurs) make the connection between the Pilot Knob Road parking lots to avoid such
possible situation. (see attached 10-8-5 (C) 5)
The Engineering Division has identified issues in the turning radius into the main parking area
and width of the driving lane. Those issues can be discussed and resolved between the architect
and City staff.
Building/Design- The proposed four-thousand square foot (4,000 sq. ft.) building will be
constructed of a wood frame with a brick veneer around the entire building. The roof is at a 4/12
pitch and will be shingled. The building design appears that it will transition well with the
residential homes on the east side of English Ave.
The floor area of the fast food establishment is approximately 1,700 square feet, while the middle
office/warehouse unit is approximately 1,120 square feet and the end office/warehouse unit is
approximately 1,180 square feet.
The Building Official has done a preliminary review of the project based on the site plan and has
listed several concerns; those include firewall separation between restaurant and warehouse,
handicap accessibility in the middle unit bathroom and the possible need to sprinkle the entire
building. Both the Building Official and the Fire Marshall will have full review upon submittal of
a building permit and complete set of plans.
Signage- Signage for the building tenants is proposed along the front fascia of the building, the
fascia is measured at two feet (2') in height. Signage for multi-tenant buildings need Planning
Commission approval through submittal of a signage plan per the City sign ordinance, this will be
completed at a later date when applicants make application for a sign permit. Parking Lot and
directional signage will be observed during this process also.
Recycling/Trash- Placement of the trash container will need to coincide with type of container
used. There are two types of containers that are possible, a round side dump type container that
would allow sanitary trucks to just pull up to the enclosure; and there is the standard dumpster
which is rear loaded and would require some room to maneuver.
Sidewalks/Trails- Concrete sidewalks will be required per the City's Sidewalk/Trail Plan along
both Upper 1 83rd Street W. and English Ave. The sidewalk will stem off the existing trail along
Pilot Knob Road and-running along Upper 183rd Street W. and turn south along English Ave
which will eventually connect to the existing sidewalk near Super America (English Ave and Elk
River Trail). Engineering is requesting plans and specifications on the construction of the
sidewalk.
Exterior Lighting Plan- A detailed lighting plan is currently not included in the submitted plans.
The applicant will need to submit a detailed exterior/overhead lighting plan that indicates details
of the lighting (i.e., wattage of the lights and lighting spill).
ACTION REOUESTED
Planning Staff recommends that the Commission continue the public hearing until the April 27,
1999 Planning Commission meeting based on the following requested information:
a) Revisions be made to the site plan in reference to all engineering comments (see attached
memo from Jerry Auge);
b) A review by the City Fire Marshall be completed;
c) Landscape modifications be made to the landscape plan per staff recommendations and City
Code requirements;
d) The parking lot connection between the subject property and the south lot be shown on the
parking lot plan (the timing and completion of that portion of the lot can be determined
between staff and the applicant);
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Staff will make any approval contingencies after the requested additional information has been
submitted at the next Planning Commission meeting.
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cc: Brett & Amy Jensen
David Darrell
file
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02/24/99 12: 59 'a'612463l61r - - -
CITY FAlUlJNbTUN
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City of FarmingtoD Variance/Conditional Use Permit'
315 Oak Street, Farmington, MN 55024
'u.40-1111 FAX61~2S91
APPUCAUON FOR: 0 Varlmc:c er6>~oD81 Use- If<< IJJ.1Iu lISe
(pIMSe clr<<:lc) *NquiRa ... abIIncton ClCCdftc:a1le of 0WDllft wtddD 350 ft. NUMBER
(........ cost - S2S0-3S0) .
LEGAL DESCRIPTION OF PROPERTY: (Io~ block, plat name. Section, township. range)
LOT I I f3 Lo 0:: I
(HW.(n~ (()utVT'1 t;:<5iA.,f q..fn AporTI.OtU
ZONING DISTRICT ~ 4 oVO
PHONE bl7. -LJ69 -Jt.ID "$
55Q2~ .
ZlpCotk
FEE OWNER"S NAME I3RET1 J EN'f) F tJ
. ADDRESS: /'P-l"'5 ~ EuE(t~S1" PATH MN
Street Stille
PRESBNTLANDUSE: V~(ANr .~17"
SPECIFY NAlURE OF REQUEST AND GROUNDS: FP.S1
1="000 / o~r;Ic.E. - A./p.fZ.ewo(,/sE-
FOLLOWING A IT ACHED: (plcuc check) 0 ProofofOWnctship 0 Boundary Survey
(9':ApplicatioD Fee EJCopies of Site Plan
GfAbsll1lCt
OT_(o-'s~=;t~
App1icaat'sSi~ ~~ ApplicaDt'sS.
Dale 3- (;-91 Date
flJr olJlu use only -" .
REQUEST SUBMIn'ED TO THE PLANNING COMMISSION ON
ACTION: OPubUc Heartac set for:
o DeDied Reason:
FINAL ACTION: 0 Approved Comments:
o Deled ReasOR:
ZONING ADMINISTRATOR:
DATE:
sfgnorure
10-3-2
10-3-2
(Ord. 086-177, 3-17-1986; amd. Ord. 088-198. 2-1-1988; Ord.
091-246, 5-20-1991; Ord. 092-284, 9-21-1992; Ord. 093-298,
2-16-1993; Ord. 096-378, 8-19-1996)
)/; (G) B-1 Limited Business District
.
1. Water recreation and water
storage
2. Public buildings
3. Public utility buildings
4. Farm implement sales.
service, repair
5. Offices
6. Wholesale business
7. Supply yards
8. Fast food establishments
9. Theaters
10. Mini storage units
11. Outdoor sales
12. Personal and professional
services
13. Car wash
14. Solar energy systems
15. Day care facility serving
more than 16 persons
16. Recreational assembly
places
17. Auction houses
(Ord. 086-177, 3-17-1986; amd. Ord. 090-227, 2-5-1990; Ord.
091-246,5-20-1991; Ord. 095-345, 1-3-1995)
1. Retail business
2. Auto sales, service, repair
3. Restaurants
4. Hotels and motels
5. Animal clinics
6. Commercial recreation
7. Recreational equipment sales,
service and repair
8. Motor fuel stations, major
9. Clubs, health clubs
10. Home and trailer sales and
displays
11. Parking lots
(H) B-2 General Business District
1. Retail business
2. Restaurants
3. Offices
4. Personal and professional
service
5. Public buildings
6. Auto sales, service and repair
7. Commercial schools
8. Commercial recreation
9. Animal clinics
10. Clubs - health clubs
City of Farmin.gton
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1. Water recreation and water
storage
2. Research laboratories
3. Public utility buildings
4. Solar energy systems
5. Multiple-family dwellings
6. Wholesale business
7. Supply yards
8. Funeral homes
9. Elderly and handicapped
housing
597
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farminiton.mn.us
TO: Mike Schultz, Associate Planner
FROM: Jerry Auge, Jr., Civil Engineer I
SUBJECT: Blimpie Sub Preliminary Review
DATE: April 9, 1999
The City of Farmington has reviewed the preliminary grading plans for the above
submitted project. The following requirements are requested prior to further
engineering review:
. 1. Existing and proposed elevations submitted on a 24" x 36" grading plan sheet.
This shall include any lighting, utilities, and site layout.
2. The storm sewer is proposed to be placed through the future extension area.
Relocation of the storm sewer is recommended. Profiles of all utilities need to be
included in the plans.
3. All dimensions of parking lots and drive lanes need to be shown on the plans.
Show all high and low points in the parking lots. Access and parking lot radii shall
be large enough to accommodate garbage and fIre truck access. The Fire Marshall
will need to approve the layout.
. 4. Show proposed size and locations of water and sewer services.
5. Sidewalk is required along Upper 183rd Street and English Avenue.
These comments need to be addressed in the next submittal and are preliminary in
nature. Additional issues may be identifIed when the complete set of plans is submitted.
~?e
Jerry AUW-
Civil Engineer I
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission
Lee Smick, AICP .f)!iJ
Planning Coordinator
FROM:
SUBJECT:
Amend Title 10, Chapter 8 - Interim Use Permits
DATE:
Apri127, 1999
INTRODUCTION
The Planning Commission directed City staff at the March 9, 1999 meeting to draft an interim use
ordinance for the purpose of allowing a temporary use of a property until a particular date, the
occurrence of a particular event or the zoning regulations no longer permit it.
DISCUSSION
The attached draft ordinance addresses conditions of an interim use, termination of the use,
application, public hearing, and notice and provides for an appeals process.
The conditions imposed on an interim use permit require that the use conform to zoning
requirements, meet conditional use standards, the date or event of the use termination can be
identified with certainty, no additional costs will be incurred by the public to take the property
after termination of the use and the owner provides a financial surety to cover costs for removing
the interim use or structures upon expiration of the permit.
The interim use permit shall be terminated when one of the following occurs first; the date on the
permit has expired, a violation of the conditions under which the permit was issued has occurred,
a change in the zoning regulations that makes the use nonconforming and the redevelopment of
the use and property.
An application, public hearing and public notice is required for an interim use permit and shall be
reviewed before the Board of Adjustment (Planning Commission).
Finally, an appeal of a decision by the Board of Adjustment to the City Council is provided for in
the permit decision process.
The City Attorney has drafted the ordinance and it is attached for the Planning Commission's
review and comments.
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REQUESTED ACTION
Approve the amendment to Title 10, Chapter 8 of the Farmington City Code and forward the
recommendation to the City Council.
Respectfully Submitted,
1-p/ ~ r-;'
,//::C-L'--- 6F~'
Lee Smick, AICP"
Planning Coordinator
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ORDINANCE NO.
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 10, CHAPTER 8,
OF THE FARMINGTON CITY CODE, THE FARMINGTON ZONING
ORDINANCE, CONCERNING INTERIM USE PERMITS
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. Title 10, Chapter 8 of the Farmington City Code is arnended by adding a
new Section 10-8-5A to read as follows:
10-8-5A:
INTERIM USES: The Board of Adjustment shall have the power to authorize
an interim use for the purpose of allowing a temporary use of property until a
particular date, until the occurrence of a particular event or until zoning
regulations no longer permit it.
(A) The Board of Adjustment may grant permission and irnpose conditions for an interim use
of property if:
1.
the use conforms to the zoning regulations, performance standards and other
requirements;
2. the use meets the standards of a conditional use permit set forth in Section 10-8-5
of the City Code;
3. the date or event that will terminate the use can be identified with certainty;
4. the use will not impose additional costs on the public if it is necessary for the
public to take the property in the future; and
5. the use will be subject to, by agreement with the owner, any conditions that the
City has deemed appropriate for permission of the use, including a condition that
the owner will provide an appropriate financial surety to cover the cost of
removing the interim use and any interim structures upon the expiration of the
interim use permit.
(B) Termination: An interim use permit shall terminate upon the occurrence of any of the
following events, whichever occurs first:
1. the date stated in the permit, or
2.
a violation of conditions under which the permit was issued; or
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3.
a change in the City's zoning regulations which renders the use nonconforming as
provided in Section 10-8-9; or
4. redevelopment of the use and property upon which it is located to a permitted use
as allowed within the respective zoning districts.
(C) Application, Public Hearing, Notice: The application, public hearing, and public notice
requirements for interim use permits before the Board of Adjustments shall be the same
as those for zoning amendments as provided for in Section 10-8-5 of the City Code.
(D) Appeal: Upon appeal of a decision by the Board of Adjustment, the Zoning Officer shall
set a public hearing, transmit the application directly to the City Council and rnail a
notice to the Board of Adjustment and property owners adjacent to the subject property
disregarding public rights of way. The City Council shall, within sixty (60) days of the
public hearing, decide to affirm or overturn the decision of the Board of Adjustment with
a four-fifths (4/5) vote of the City Council.
SECTION 2. This ordinance shall be effective immediately upon its passage.
ADOPTED this _ day of
Farmington.
, 19 _, by the City Council of the City of
CITY OF FARMINGTON
By:
Gerald Ristow, Mayor
ATTEST:
City Administrator
Published in the Farmington Independent the _ day of
,1999.
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
April 20, 1999
RE: 821 Third Street - Airlake Ford Interim Use Request
Dear SirlMadam:
This letter is to inform you of the status of the Airlake Ford Body Shop located at 821
Third Street. As you may know, the property was rezoned to B-4 Neighborhood
Business on March I, 1999 by the City Council.
The B-4 Neighborhood Business District's main purpose is to meet a wide range of needs
of everyday living in neighborhoods that provide a variety of housing choices, that invite
walking to gathering places, services and conveniences, and that are fully integrated into
the larger community.
The first step in the public hearing process will be the need to approve an interim use
ordinance. This will be achieved through the ordinance approval process, which requires
the Planning Commission and City Council's approval of the ordinance. If the ordinance
is approved, it will be recognized as part of the City Code.
Airlake Ford is requesting an interim use to allow the business to remain at 821 Third
Street for a certain period of time. The Planning Commission will determine at a public
.hearing the amount of time allowed if the interim use for Airlake Ford is approved along
with any appropriate conditions that should be placed on Airl~e Ford's operation.
The public hearing for an interim use for Airlake Ford will only be heard at the Planning
Commission after the interim use is approved by the City Council. This meeting will be
important for residents interested in voicing their concerns or comments to the Planning
Commission on this topic.
Therefore, in summarization, the following meetings will be held concerning the Airlake
Ford Body Shop operation at 821 Third Street property:
*
Tuesday, April 27, 1999 - Public Hearing for Interim Use Ordinance - Planning
Commission Review
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* Monday, May 3, 1999 - Interim Use Ordinance - City Council Review
* Tuesday, May 11, 1999 - Public Hearing for Interim Use for Airlake Ford at 821
Third Street - Planning Commission Review
All of the above meetings will be held in the Council Chambers of City Hall at 7:00
PM. If you have any questions or comments concerning this information prior to or
during the meeting dates, please call me at 463-1820.
Sincerely,
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Lee Smick, AICP
Planning Coordinator
cc:
JDS Properties, Inc.
Dan Blanch, Airlake Ford Body Shop
David L. Olson, Community Development Director
John F. Erar, City Administrator
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463~7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission
FROM:
Lee Smick, AICP
Planning Coordinator
SUBJECT:
Discussion Item - Variance for side yard setback - 5330 Upper 183rd
Street
DATE:
April 27, 1999
INTRODUCTIONIDISCUSSION
Mr. Jeff Schmicking, residing at 5330 Upper 183rd Street is seeking a one-foot variance from the
side yard setback requirements of six feet to construct a carport to protect his boat and
recreational vehicle from destructive weather. The owner's recreational vehicle received a
considerable amount of storm damage during the summer of 1998 and he would like to protect his
property from any further damage with the use of the proposed carport.
As shown on the attached survey, the lot width is 68 feet and the length between the garage and
the lot line to the east is 14 feet. With the proposed width of 9 feet for the carport, the structure
will encroach upon the side yard setback by one-foot. The property is zoned R-4 and requires a
6-foot side yard setback and a minimum lot coverage of 30%. The carport is proposed to be 180
square feet generating a revised lot coverage of 21 %.
Since the lot width and size exceeds the minimum requirements, a hardship for the property will
need to be determined. Staff recommends that the owner reduce the carport to 8 feet in width or
consider another location on the lot to alleviate the need for a variance.
REQUESTED ACTION
Review the proposal with the owner and determine if a variance request should be made to the
Planning Commission.
Respectfully Submitted,
~~'
Lee Smick, AICP
Planning Coordinator
Blk
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.mn.us
TO:
City Planning Commission
FROM:
Lee Smick, AICP
Planning Coordinator
SUBJECT:
Discussion Item - Variance for side yard setback - 5330 Upper 183rd
Street
DATE:
April 27, 1999
INTRODUCTION/DISCUSSION
Mr. Jeff Schmicking, residing at 5330 Upper 183rd Street is seeking a one-foot variance from the
side yard setback requirements of six feet to construct a carport to protect his boat and
recreational vehicle from destructive weather. The owner's recreational vehicle received a
considerable amount of storm damage during the summer of 1998 and he would like to protect his
property from any further damage with the use of the proposed carport.
As shown on the attached survey, the lot width is 68 feet and the length between the garage and
the lot line to the east is 14 feet. With the proposed width of 9 feet for the carport, the structure
will encroach upon the side yard setback by one-foot. The property is zoned R-4 and requires a
6-foot side yard setback and a minimum lot coverage of30%. The carport is proposed to be 180
square feet generating a revised lot coverage of 21 %.
Evaluation of the Variance Regulations
A) Literal enforcement of the ordinance would result in undue hardship with respect
to the property. No hardship is witnessed because of the enforcement of this
ordinance. The minimurn lot width for this subdivision is 60 feet and this
particular lot allows for 8 additional feet.
B) Such unnecessary hardship results because of circumstances unique to the
property. No hardship is witnessed because of circumstances unique to the
property. The minimum lot size for this subdivision is 6,000 square feet. The lot
in question consists of 6,800 square feet.
C) The hardship is caused by provisions of the ordinance and is not the result of
actions of persons presently having an interest in the property. No hardship
exists.
.
.
.
D)
The variance observes the spirit and intent of the ordinance, produces substantial
justice and is not contrary to the public interest. The intent of the ordinance is to
provide a total of 12 feet for the side yard setback between the homes in this
subdivision to allow for open space and a utility easement. The proposal reduces
this intention by one foot.
E) The variance does not permit a lower degree of flood protection than the flood
protection elevation for the particular area or permit standards lower than
required by State Law. Not applicable.
Staff recommends denial of the variance and proposes that the owner provide an 8-foot wide
carport or consider another location on the lot.
REQUESTED ACTION
Staff recommends denial of the variance and proposes that the owner provide an 8-foot wide
carport or consider another location on the lot.
Respectfully Submitted,
Lee Smick, AICP
Planning Coordinator
.
.
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.mn.us
TO:
City Planning Commission
Lee Smick, AICP ()p
Planning Coordinator .
FROM:
SUBJECT:
Amend Title 10, Chapter 9 - Wetland Protection Ordinance
DATE:
April 27, 1999
INTRODUCTION
The revised wetland protection ordinance has been drafted and is attached to this document along
with the current wetland ordinance. Revisions to the current ordinance were generated from the
need to update the existing setback requirements between the wetland edge and a building and the
need to categorize the City's wetlands through floral diversity and storm water susceptibility to
determine the importance of the wetland to the City and its ecosystem.
DISCUSSION
One of the identifiable needs for revising the ordinance dealt with the setback requirements for
buffer areas between the wetland edge and a building in the current ordinance (see attached). In
Section 10-9-6 (C) 3, the existing ordinance requires that all buildings, except accessory buildings
shall be setback at least one hundred feet from a wetland. This requirement was observed as too
excessive, considering wetlands vary in environmental value. A more manageable requirement
would categorize wetlands by functionality, value of the ecosystem and whether the wetland had
been altered and would require various setback lengths depending on the type of wetland adjacent
to a development.
. Therefore, Bonestroo, Rosene, Anderlik & Associates performed a wetland field study in the
summer of 1998 and the research was generated into a wetland classification report. The
wetlands were classified into four separate categories depending on its floral diversity, storm
water susceptibility and the alteration of the wetland. The four categories include Protect,
Manage 1, Manage 2 and Utilize.
Protect wetlands exist in an unaltered state and have special and unusual qualities that require a
high level of protection. A buffer of between 75-100 feet is required to insure protection of the
wetland.
Manage 1 wetlands have moderate floral diversity and are slightly to moderately susceptible to
storm water and snowmelt impacts. A buffer of between 30-50 feet is required for protection.
.
Manage 2 wetlands have been altered by human activities and is usually found within a park or
greenway. A buffer of 20-25 feet is required to protect this wetland.
Utilize wetlands have been significantly altered and degraded by urban or agricultural land uses
and no buffer is required for this wetland.
By classifying the wetlands within the community, the City has gained the opportunity of
insuring a no net loss of wetlands. It can also prevent construction-related degradation through
the location of the wetlands. The classification of wetlands will also assist developers in
preparing developments that are sensitive to the natural environment, especially the large amount
of wetland located in the City of Farmington.
REQUESTED ACTION
Staff recommends the review of the proposed wetland protection ordinance and requests
comments from the Planning Commission concerning the ordinance.
Respectfully Submitted,
r-;r;; ~~9
v
Lee Smick, AICP
. Planning Coordinator
.
10-9-1
.
SECTION:
10-9- 1:
10-9- 2:
10-9- 3:
10-9- 4:
10-9- 5:
10-9- 6:
10-9- 7:
10-9- 8:
10-9- 9:
10-9-10:
.
10-9-1 :
10-9-1
CHAPTER 9
WETLAND PROTECTION AND ZONING ORDINANCE
Title, Council Findings, Policy, Purposes and Means
Zoning Districts
Scope
Definitions
Regulations
Permits
Dedication Credit Transfers
Penalty
Severability
Variance and Appeal
TITLE, COUNCIL FINDINGS, POLICY, PURPOSES AND
MEANS:
(A) This Chapter may be cited as the WETLANDS PROTECTION
ORDINANCE.
(8) The Council finds that wetlands within the City, as part of the
ecosystem, are critical to the present and future health, safety and
general welfare of the land, animals and people within the City, as
well as within the Vermillion River Watershed District. Recognizing
the obligation to protect natural resources from destruction and
pollution of all kinds, the purposes of this Chapter are:
1092
.
1. To preserve wetlands in as natural a state as possible;
2. To regulate the use of areas adjacent to the wetlands in order to
protect and enhance the natural function of the wetlands;
3. To provide for the protection of surface and ground water supplies
from the danger of drought, pollution or mismanagement;
City of Farmington
10-9-1
10-9-2
B)
4. To prevent property damage and the losses associated with flood
conditions; and reduce erosion problems;
.
5. To enhance and preserve the natural drainage ways; and
6. To reduce the need for piped storm water improvements.
(C) It is the intent of the City to achieve the purposes of this Ordinance
through the following means:
1. Adopt the U.S. Flood and Watershed National Wetland Inventory
Map and the additional wetlands identified by the City on its Zoning
Map for flood plains and conservation areas and all ponding areas
shown on Figure 12 of the City of Farmington Storm Drainage Plan.
2. To implement effective erosion control techniques.
3. To apply PUD density transfers to development proposals in order
to minimize ratios of impermeable surface to open space.
4. To establish means by which certain wetlands may be placed in
the public domain for purposes of enhancement, preservation,
protection and maintenance.
.
5. To provide means by which an applicant and the City will routinely
obtain advice and input from various governmental agencies and
professionals in the field of fresh water biology, . hydrology and civil
engineering.
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6. To establish a system of permits and enforcement to bring about
the intent of this Ordinance.
10-9-2: WETLAND ZONING DISTRICTS: This Chapter shall apply to
wetland zoning districts which are specifically identified on
maps identified in Section 10-9-1 (C), an official copy of which shall be on
file in the office of the Zoning Administrator. Wetland zoning districts may
not be eliminated unless it can be shown that the original designation is in
error or that conditions have changed. When modifying or removing a wet-
land zoning district, the Council shall use the criteria and methods estab-
lished in the MFederal Manual for Identifying and Delineating Jurisdictional
WetlandsM dated January, 1989, as amended from time to time. Pursuant to
this Ordinance, the wetland zoning districts delineated in the referenced
wetland zoning district map are hereby established as wetland zoning
districts for the City.
.
1092
City of Farmington
l)
1 0-9-3
10-9-4
.
10-9-3: SCOPE: The wetland zoning district shall overlay the zoning
districts established in Chapter 2 of this Title. All parcels of
land lying in a wetland zoning district shall also lie in one or more of the
established zoning districts. Within each wetland zoning district, all uses
shall be permitted in accordance with the regulations for the underlying
zoning district, provided, however, that such uses must also satisfy the
additional requirements established in this Chapter. (Ord. 092-285, 9-6-92)
10-9-4:
DEFINITIONS:
ALTERATION:
Any change, addition or modification.
DEVELOPMENT:
The construction, installation or alteration of any
structure; the extraction, clearing or other alter-
ation of land or terrestrial or aquatic vegetation;
or the course, current or cross section of any
water body or water course; or the subdivision
of land into parcels pursuant to the Municipal
Code.
DIMENSIONAL
REQUIREMENTS:
A minimum/maximum setback yard requirement
or structure height or size established in the
Municipal Code.
.
DRAINAGE WAY:
(') Any natural, altered or artificial water course
which had definable beds and banks capable of
conducting confined runoff from adjacent lands.
Water course beds not clearly defined shall be
delineated to include that area which would be
inundated by runoff resulting from a twenty four
(24) hour rainfall having a recurrence interval of
once in five (5) years.
(2) An altered water course is that which has
been affected by man-made changes in straight-
ening. deepening, narrowing or widening the
original channel.
(3) An artificial water course is that which has
been artificially constructed by man where there
was no previous natural water course. The lim-
its of the water course bed are confined to ,hat
area which would be inundated by runoff result-
495
.
City o{ Farmington
1 0-9-4
.
ENHANCE/
ENHANCEMENT:
MANAGE:
PERSON:
STRUCTURE:
WATER QUALITY:
.
WETLAND BUFFER
AREA:
WETLAND DRAINAGE
DISTRICT:
WETLAND ZONING
DISTRICT:
WETLANDS:
.
495
, 0-9-4
ing from a twenty four (24) hour rainfall having a
recurrence interval of once in five (5) years.
To heighten the value of wetlands with respect
to the purposes of this Chapter.
To control the use of wetland resources in a
manner which is consistent with the purposes of
this Chapter. Management of wetlands includes
conservation, maintenance and enhancement.
Any individual, firm, corporation. partnership,
association or other private or governmental
entity.
That which is built or constructed. an edifice or
building of any kind, or any piece of work artifi-
cially built up or composed of parts joined to-
gether in some definite manner.
The degree of excellence of water including, but
not limited to. phosphorous concentrations.
sediment load, and concentration of metals.
(Ord. 092-285. 9-6-92)
Areas abutting and within a range between
sixteen and five-tenths feet (16.5') and twenty
five feet (25'), including an overall average of
twenty feet (20') measured horizontally, of a
wetland. (Ord. 095-346. 2-6-95)
The area tributary to the wetland zoning district
as del.ineated on Figure 11 of the City Storm
Drainage Plan.
The areas delineated on the wetland zoning
district map which includes the wetlands and
wetland buffer areas.
Those areas that are inundated or saturated by
surface or groundwater at a frequency and du-
ration sufficient to support. and that under nor-
mal circumstances do support, hydrophytic
vegetation, hydric soils and wetland hydrology I
City of Farmington
f ,
\,_,1
10-9-4
.
10-9-5:
(A)
.
.
10-9-5
as delineated on the maps identified in Section
10-9-1 (C). (Ord. 092-285, 9-6-92)
WETLAND ZONING DISTRICT REGULATIONS:
No development shall be allowed within a wetland zoning district
without first having obtained a wetland alteration permit from the City
as provided in this Code.
495
City of Farmington
10-9-5
10-9-6
(B)
Whenever a wetland or drainage way is located on lands that are
being subdivided. the subdivider shall dedicate such wetland and/or
drainage way to the public for purposes of improving, maintaining. or
protecting the area for drainage. water quality enhancement, storm
water ponding or other purposes expressed in this Chapter.
.
(C) The following regulations are required to control the density of
development in wetland zoning districts.
1. Minimum lot size - 80,000 square feet
2. Minimum lot width - 200 feet as measured at the building setback
line.
3. All buildings. other than accessory buildings. as defined in the
Code, shall be set back at least one hundred feet (100') from
wetland.
4. All accessory buildings shall be set back not less than the setback
requirements set forth in the City Code.
(0)
Any building or structure situated on an existing parcel of record. as
of the date of the original date of enactment of this Ordinance. that
does not meet the requirements. of this Chapter shall be considered
nonconforming and shall require a variance from the City Planning
Commission to build or rebuild. A nonconforming parcel shall exist:
.
1. Where the buildable area of a parcel is contained in a wetland. or
2, Where twenty percent (20%) of a parcel, or at least two thousand
(2,000) square feet of the parcel, whichever is less, shall be
contained within the wetland buffer zone.
A nonconforming building shall exist:
1. Where it does not meet building or structure setback require-
ments.
2. Where it does not meet floor elevation reqUirements.
10-9-6:
PERMITS:
(A) The following activities in or upon a wetland zoning district shall
require a wetland alteration permit similar to the City's grading
permit:
1092
.
City of Farmington
1 0-9-6
10-9-6
A)
1. The digging, dredging, filling, draining, or any altering or removing
of any material from a wetland.
.
2. The alteration of vegetation within the wetland or the destruction
of vegetation within the wetland zoning district except to abate a
public nuisance.
3. The construction, alteration or removal of any structure.
4. The altering of any embankment or ponding area, or the changing
of the flow of water or ponding capacity.
5. The storing of materials which would interfere with the flow of
water and/or ponding capacity.
6. Disposing of waste materials including, but not limited to,
demolition debris and yard waste.
7. Installation or maintenance of essential services.
(B)
In consideration of an application for the issuance of a wetland
alteration permit. the City may require that the applicant furnish and
supply such information as required by the City Engineer. In acting
upon a wetland alteration permit application, the City shall consider
all relevant factors specified in other sections of this Chapter,
including:
.
1. The relationship of the proposed use to the comprehensive plan
and the impact of the proposed use on the wetlands in the
surrounding area.
2. The impact of the proposed wetland alteration on the surface
water storage, fish and wildlife habitat, and water quality
enhancement values of the wetland in accordance with the City's
storm drainage plan.
(C) A minimum alteration of a wetland may be allowed when necessary
for the use of property but only when it will not have a substantially
adverse effect, as determined by the City, upon the ecological and
hydrological characteristics of the wetland. However, in no case shall
the restrictions set out below be exceeded in any alteration.
1. Any alteration shall not cause a reduction in the flood storage
capacity of the wetland. Flood storage capacity shall be determined
1092
.
City of Farmington
Ii '
,-}
1 0-9-6
10-9-6
.
C,1) by analysis of the runoff from the entire developed wetland drainage
district resulting from both the five (5) year and one hundred (100)
year frequency storms as outlined in the City's storm drainage plan.
2. An alteration shall not reduce the existing water quality enhance-
ment value of wetland under conditions of ultimate development,
during both the five (5) year and one hundred (100) year frequency
storms. Water quality enhancement value of a wetland shall be
determined using methods approved by the City.
3. Any alteration shall not reduce the existing wildlife habitat value of
a wetland as measured using methods approved by the City.
4. Only fill substantially free of chemical pollutants and wastes, as
determined by the City, may be used.
5. Alterations shall be carried out so as to minimize the impact on
vegetation, except to abate a public nuisance.
6. Alterations shall not adversely affect the water flow characteristics
within the wetland as determined by the City.
7. The size of the altered area shall be limited to the minimum
required for the proposed action.
.
8. Work in the wetland shall not be performed during the breeding
season of waterfowl or upland game, or fish spawning season.
9. No part of any sewage disposal system requiring on-land or in-
ground disposal of waste shall be located closer to the wetland than
100 feet. All on-land or in-ground sewage disposal systems shall
meet criteria set out in Minnesota Rule 6, MCAR 4.8040 "Individual
Sewage Treatment System Standard".
10. Waste which would normally be disposed of at a solid or
hazardous waste disposal site or which would normally be
discharged into a sewage disposal system or sewer shall not be
directly or indirectly discharged to a wetland.
11. Construction erosion control measures and retention facilities
shall be designed to limit soil loss from the development site to not
more than five (5) tons per acre per year. Plans and supporting
documentation for such measures and facilities shall be developed
and approved by the City prior to commencement of construction.
1092
.
City of Farmington
10-9-6
10-9-6
C)
12. The applicant shall be required to demonstrate that after the
development is completed, the conditions on the site will be
stabilized such that the yearly soil loss from the site will not be
greater than five-tenths (0.5) tons per acre per year.
.
13. Sediment and soil loss shall be determined utilizing the
"Universal Soil Loss Equation" as defined by the U.S. Department of
Agriculture Soil Conservation Service Technical Field Guide as
amended from time to time as provided for Dakota County Soil and
Water Conservation District.
14. Stormwater runoff from a development may be directed to the
wetland when in conformance with the surface water management
plan and only when substantially, as determined by the City, to be
free of sediment, debris and chemical pollutants, and only at rates
which will not substantially disturb vegetation or increase turbidity.
.
15. The proposed action shall not cause storm water runoff from the
development to take place at a rate which would exceed the rate or
volume of runoff as anticipated by the City's storm drainage plan.
16. The quality of water infiltrated to the water table or aquifer shall
remain substantially unchanged by the alteration of the site.
17. The lowest floor elevation of buildings permitted in a wetland
zoning district shall be at least one foot above the elevation of the
one hundred (100) year flood elevation as determined by the City
Engineer.
18. No alteration shall be allowed which will endanger the health,
safety or welfare of persons, or which may result in unusual road
maintenance costs or utility line breakage due to soil limitations,
including high frost action.
19. Except to abate a public nuisance, removal of vegetation within a
wetland zoning district shall be permitted only when reasonably
required for the placement of structures and use of property. It is the
City's intent to promote the preservation of existing wetland
vegetation.
(D) Where it is found that avoidance of direct impact on the wetland is
not feasible, functional values and acreage lost as a result shall be
replaced according to the following criteria:
1. Replacement of wetlands shall be created in upland areas at a
rate not less than two (2) times the area of the original wetland.
.
1092
City of Farmington
l ~
,_1
10-9-6
D)
.
(E)
.
.
1 0-9-6
2. Replacement of wetlands shall be of equal or greater public value
in terms of water retention, water quality enhancement, wildlife habi-
tat, recreation, aesthetic quality and educational value. Water quality
enhancement value of the wetland will be measured according to a
model acceptable to the City. Water retention, wildlife habitat and
aesthetic value will be measured according to "The Minnesota Wet-
land Evaluation Methodology for the North Central United States",
prepared by the Corps of Engineers in conjunction with the Minne-
sota Environmental Quality Board, September 1988 and subsequent
revisions.
3. Replacement wetlands shall be located within the City and prefer-
ence shall be given to those areas within a subwatershed.
4. Replacement wetland shall be completed and approved by the
City before alteration of the existing wetland. If this criteria cannot be
met, the applicant shall post a performance bond equivalent to at
least one hundred fifty percent (150%) of the estimated construction
cost of the replacement wetland, as determined by the City. The City
may, at its discretion, waive this requirement if it finds that sufficient
security has been posted by the property owner in compliance with
the requirements of other regulating jurisdictions. Additional bonding
may be required based upon conditions imposed on the applicant.
Conditions Imposed on Applicant.
1. The permit application shall be submitted to the City. The City
shall process the permit application according to the procedures
specified for the processing of conditional use permits. Upon approv-
al of the application for the permit, the City may establish such terms
and conditions, in addition to those specifically cited in this Chapter
as it deems necessary to protect the public health, safety and
welfare, including the posting of sufficient surety to guarantee
conformance with the conditions of the permit and all laws regulating
the activity.
2. A wetland alteration permit may be processed in conjunction with
any other application for use permit approval that may be required
under other provisions of the Municipal Code.
3. In addition to normal requirements of the permit process, written
notice of the permit application, along with applicable documents,
shall be submitted to the Dakota County Soil and Water Conserva-
tion District, Minnesota Department of Natural Resources, Vermillion
1092
City of Farmington
1 0-9-6
1 0-9-6
.
E,3) River Watershed Management Organization, and the Board of Soil
and Water Resources and the Corps of Engineers for review and
comment.
4. Within the wetlands zoning district. no land shall be used except
for one or more of the following uses:
(a) Residential lawns, gardens, pastures, fences and docks,
provided that no change is made to the ground elevation;
(b) Wildlife and nature preserves;
(c) Pervious hiking, skiing and horseback riding trails;
(d) Public and private flood control structures, ponding and
drainage facilities and associated accessory appurtenances; or
(e) Environmental monitoring or control facilities, including
those related to water quality and wildlife regulation.
5. Within the wetlands zoning district, the following uses may be
developed only through the conditional use process:
(a) Outdoor nurseries;
.
(b) Private and public recreational uses, including golf
courses, ballfields, playfields, picnic grounds and bike trails;
(c) Public utilities, including necessary structures;
(d) Other nonstructural facilities similar to those permitted by
this Section which also meet the intent of this Section, as determined
by the City.
No conditional use permit shall be granted except in circumstances
in which its approval will not have an adverse impact upon the
wetlands and surrounding properties, the intent of this Ordinance or
the precepts of the Comprehensive Plan. Granting of a conditional
use permit shall be conditioned upon approval of the request by all
other appropriate governmental agencies as listed in subsection (E)3
of this Section.
(F) The following drawings and exhibits shall be required with a permit
application:
1092
.
City of Farmington
l)
1 0-9-6
F)
.
.
.
1 0-':'9-6
1. The name and address of the subdivider, developer and owner or
any other property of interest.
2. A legal description of the proposed site with a map showing its
location with indications of private access roads. existing or
proposed public roadways within and surrounding the development
site.
3. A full and adequate description of all phases of the operation
and/or proposed physical changes.
4. A soil survey map of the proposed development site.
5. (a) A topographic map of the development area with contour
information at two foot (2') intervals or spot elevations at two
hundred foot (200') intervals and at a horizontal scale of one inch to
one hundred feet (1" = 100') or larger.
(b) A wetlands delineation map and description of wetlands on
the proposed site showing the location and type of wetlands within
the site and to a distance of five hundred feet (500') surrounding the
site or to the wetland drainage district boundary, whichever is
shorter.
6. A detailed site plan of the proposal showing proposed drainage,
grading, landscaping and erosion control.
7. A site design map showing the location of existing and future
man-made features within the site and to a distance of five hundred
feet (500') surrounding the site or to the wetland drainage district
boundary. whichever is shorter.
8. Information on existing drainage and vegetation of all lands within
the site and to a distance of five hundred feet (500') surrounding the
site or to the wetland drainage district boundary, whichever is
shorter.
9. The time period for commencement and completion of the devel-
opment, including time for staging of development. if applicable.
10. Design specifications and plans for all sediment and erosion
control measures as well as all grading and drainage appurtenances
and practices.
1092
City of Farmington
F)
.
.
.
1 0-9-6
1 0-9-6
11 . Engineering data related to computations of existing and
proposed hydrology, water quality, hydraulics and soil loss.
('- "
~,
12. Such additional information as necessary to evaluate the permit
application.
13. Photographs of the affected property before the proposed
alteration occurs and an additional set of photographs six (6) months
after the alteration has been completed.
(G)
An applicant shall begin the work authorized by the permit within
ninety (90) days from the date of issuance of the permit unless
otherwise set forth in the permit. The applicant shall complete the
work authorized by the permit within the time limit specified in the
permit, which shall in no event exceed more than twelve (12) months
from the date of issuance unless such time limit is extended by the
City Council. The applicant shall notify the City at least forty eight
(48) hours prior to the commencement of the work. Should the work
not be commenced as specified herein, the permit shall become
void.
(H)
The issuing authority for wetland alteration permits shall be as set
forth hereafter:
1. Administrative Issuing Authority: The City Engineer/Public Works
Director or his designee have the authority to issue wetland
alteration permits which meet the standards of this Chapter, if:
(a) The permit requests repair or maintenance of any lawful
use of land existing on the date of adoption of this Ordinance;
(b) Alterations within the wetland buffer zone do not extend
into or impact the adjacent wetland;
(c) The permit requests public and/or private utility work on
existing facilities; and
2. For the following work within the wetland buffer zone, but outside
of the wetland, not having adverse impacts upon the wetlands:
(a) Installation and maintenance of fences;
(b) Landscaping not including impervious surfaces;
(c) Detached garages and accessory buildings;
1092
l,)
City of Farmington
10-9-6
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10-9-6
(d) Grading which does not adversely alter storm water
storage capacity, storm water flow direction or runoff intensity:
(e) Temporary structures not requiring permanent foundations
or pads for support.
The Planning Commission may issue permits which meet the
standards in this Chapter, and are beyond the scope of the
administrative approval above: which have been reviewed by City
staff and referred to the Planning Commission.
(I) Exceptions; Permit:
.
(J)
.
1. Emergencies: Upon the declaration of an emergency by the City,
emergency work necessary to preserve life or property shall be
permitted in a wetland zoning district.
2. Repairs: Upon application and approval by the City Council. a
person may repair or maintain any lawful use of land existing on the
date of adoption of this Chapter.
3. NotwtthstanGing any oU,er provision of this Code to the contrary.
the City may develop a Municipally owned recreation or park facility
on City-owned lands which will involve the development with a
wetlands zoning district as part of an integrated plan, comprising not
less than seventy five (75) acres, where such development would
reasonably conserve, preserve and enhance the environment by
providing facilities that would protect the public health, safety and
welfare. (Ord. 092-285, 9-6-92)
Fees: A schedule of fees for the investigation. review and approval
of applications under this Chapter and enforcement of the conditions
of a permit issued under the provisions of this Chapter shall be
determined by resolution of the City Council, which may, from time to
time, change such schedule. Prior to the approval and issuance of
any permit under this Chapter, such fees shall be paid and deposited
to the credit of the General Fund.
(K)
Performance Bond or Irrevocable Letter of Credit: Prior to the
approval and issuance of a permit, there shall be executed by the
operator and submitted to the City Administrator an agreement to
construct such required improvements. to dedicate such property or
easements, if any, to the City and to comply with such conditions as
may have been established by the City Council. Such agreement
493
City o{ Farmington
1 0-9-6
10-9-10
.
shall be accompanied by a bond with surety or condition acceptable
to the City Administrator in the amount of the established costs of
complying with the agreement. The aforesaid agreement. bond or
letter of credit shall be provided for guaranteeing completion and
compliance with the conditions set forth in the permit within the time
to be approved by the City Council. The adequacy. conditions and
acceptability of any bond or letter of credit shall be reviewed
annually by the City. The City may direct the amount of the bond or
letter of credit be increased to reflect inflation or changed conditions.
(Ord. 093-295. 1-4-93)
.,
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10-9-7: DEDICATION CREDIT TRANSFERS: ,When land to be
developed includes wetlands, the developer thereof may
receive a credit for the undevelopable portion of said wetland toward the
dedication of storm water management ponds and related drainage areas
for the trunk storm sewer system, as outlined in Figure 12 of the City's
storm drainage plan.
.
1 0-9-8: PENALTY: Any person who violates the provIsions of this
Chapter shall be guilty of a misdemeanor and shall be
punishable as defined by law. Each day during which said violation exists is
a separate offense. Any violation of this Chapter is a public nuisance and
may be enjoined by civil action. Costs of any civil enforcement shall be
assessed against the property so enjoined. Any person who. in violation of
this Chapter, alters, changes or modifies any wetlands shall restore such
wetlands to their original condition.
10-9-9: SEVERABILITY: If any part of this Chapter is held to be
unconstitutional or otherwise illegal, the remainder of this
Chapter shall be deemed and held to be valid and remain in force and
effect as if such portion had not been included herein. If this Chapter or any
provision herein is held to be inapplicable to any person. property or work
such hold shall not affect the applicability hereof to any other person's
property or work.
10-9-10: VARIANCE AND APPEAL: An application for variance or
appeal to the Council shall be processed according to
Chapter 8 of Title 10.
493
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City of Farmington
L)
10-9-10
10-9-10
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No permit or variance shall be issued unless the applicant. in support of his
a.pplication. shall submit engineering data. surveys. site plans and other
information as the City may require in order to determine the effects of such
development o.n the affected land and water areas. (Ord. 092-285. 9-6-92)
.
J93
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City of rarmlngton
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SECTIONS:
10-9- I:
10-9- 2:
10-9- 3:
10-9- 4:
10-9- 5:
10-9- 6:
10-9- 7:
10-9- 8:
10-9- 9:
10-9-10:
10-9-11 :
10-9-12:
10-9-1 :
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\-[1-99
CHAPTER 9
WETLANDS PROTECTION ORDINANCE
Council Findings and Intent
Purposes and Implementation
Definitions
General Provisions
General Standards
No Net Loss and Wetland Alteration
Wetland Buffer Areas
Wetland and Buffer Area Mitigation
Application and Issuance of Permit
Exemptions
Variances
Previous Ordinance
COUNCIL FINDINGS AND INTENT
(A) The Council finds that wetlands serve a variety of beneficial functions. Wetlands
maintain water quality, reduce flooding and erosion, provide food and habitat for
wildlife, provide open space, and are an integral part of the City's environment.
Wetlands are important physical, educational, ecological, aesthetic, recreational
and economic assets to the City. They are critical to the City's storm water
management and other aspects of health, safety and general welfare. Regulating
wetlands and the land uses around them are therefore in "the public interest.
(B) The City has also found that wetlands vary significantly in the degree that they
have been altered. Wetlands within the City exhibit great variations in their plant
diversity, quality of wildlife and fishery habitat, degree of fluctuation in response
to storms, the extent to which their shorelines have been altered or eroded, and
their relative value in protecting water quality. Therefore, the City has
determined that it is necessary and beneficial to classify wetlands based upon their
functions and values. The City has also found that it is in the best interest of the
general health and welfare of the City to achieve no net loss of wetlands within
the community.
(C) The City recognizes that a substantial amount of wetland degradation results from
sedimentation and nutrient loading related to construction projects. Therefore, the
City finds it necessary to require measures to prevent such construction-related
degradation.
.
I .
(D) In addition to having regulations that affect the physical impacts within wetland
areas, the City also finds that it is necessary to regulate the use of lands .
surrounding wetlands. Buffer areas (as defined in this Ordinance), are necessary
and beneficial to maintaining the health and functions of wetlands. These areas of
land surrounding wetlands protect their shorelines from erosion, while filtering
sediment, chemicals and other nutrients before storm water discharges into the
wetland. Buffer areas are also beneficial in providing habitat for wildlife.
(E) This ordinance incorporates by reference the Minnesota Wetland Conservation
Act of 1991 {Minn. Stat. 1030.221 et seq. (herein after referred to as the WCA)}
and any future amendments adopted by the legislature. The City has determined
that some activities are exempted from the provisions of Minnesota Statutes
1030.2241. Any activities exempted from the provisions of the WCA are also
exempted from the requirements of this Ordinance, insofar as they relate to the
WCA. All wetlands, including those governed by the Department of Natural
Resources, are covered by the other provisions of this Ordinance. Also, there are
circumstances under which the strict enforcement of these regulations may be
unreasonable and in circumstances that meet the criteria established in Section 10-
9-10 and 10-9-11 of this code, departures from the strict application of these
standards may be permitted.
10-9-2
PURPOSE AND IMPLEMENT A TION
.
(A) Through the adoption and enforcement of this Ordinance, the City shall promote
the general health, safety, and welfare of its residents by both conserving and
protecting wetlands, and requiring sound management practices and mitigation
when development occurs in the vicinity of wetlands. Through the
implementation of this subdivision, the City seeks to accomplish the following
purposes:
1. To satisfy the requirements of the WCA as it may be amended and,
thereby, achieve no net loss of wetlands within the City;---
2. To balance the needs to preserve and protect natural resources and systems
with both the rights of private property owners and the need to support the
efficient use of developable land within the City;
3. To preserve the natural character of the landscape through the
maintenance of wetland ecosystems;
4. To promote water quality by maintaining the ability of wetlands to
recharge ground water and receive the discharge of ground water, to retain
sediment and toxicants and filter and strip nutrients from surface water
.
2
.
runoff before it discharges into community lakes and streams, thus
avoiding the contamination and eutrophication of these water features;
5.
To provide wildlife habitat and thereby support the maintenance of
diversity of both plant and animal species within the City.
6.
To prevent property damage and the losses associated with flood
conditions, and reduce erosion problems;
7.
To enhance and preserve the natural drainage ways; and
8.
To reduce the need for piped storm water improvements.
(B) To accomplish these purposes, the City will:
1. Conduct a functions and values inventory of all wetlands within the City;
2. Develop a Wetland Management Classification System within the City
and classify the City's wetlands based upon their relative values related to
floral diversity/integrity, wildlife habitat, water quality protection, fishery
habitat, and aesthetic benefits.
3.
Prepare, maintain, and periodically update a comprehensive set of
official maps identifying the location and classification of all wetlands
within the City.
.
4. Establish wetland regulations that are coordinated with flood plain and
shore land protection regulations.
5. Require sound management practices to protect, conserve, maintain,
enhance, and improve the quality of wetlands within the community.
6. Enforce standards for the alteration of wetlands when alteration is
allowed, including standards and procedures for the mitigation of the loss
of wetland areas and their functions and values, when alteration or
destruction occurs.
7. Obtain protective easements over or acquire fee title to wetlands as
appropriate.
8. Develop and maintain a program to educate the public about the numerous
benefits and features that wetlands provide and the adverse effects of
improperly managed urban development on wetlands.
.
3
1O~9-3:
DEFINITIONS
ALTERATION:
AVERAGE BUFFER
WIDTH:
BUFFER AREA:
BUILDING SETBACK:
COMMUNITY:
DIMENTIONAL
REQUIREMENTS:
DRAINAGE WAY:
.
Human-induced actions that adversely impact the
existing condition of a wetland or wetland buffer area,
including, grading, filling, dredging, dumping; cutting,
pruning, topping, and clearing native vegetation; and
discharging pollutants (except stormwater). Alteration
does not include walking, passive recreation, fishing,
farming, planting that enhances native vegetation, or other
similar activities allowed under the Minnesota Wetland
Conservation Act..
The average width of a buffer area within a single
development, lot or phase.
An unmown, undisturbed, or re-established vegetated area
adjacent to a wetland that is an integral part of protecting
the wetland ecosystem through filtering pollutants and
providing adjacent habitat.
The distance between the building line and the property
line or, in the case of a shoreland yard, the ordinary high
water level, or in the case of a lot containing all ora portion
of a wetland, the nearest edge of the wetland buffer area.
.
In reference to plants, an interacting assemblage of plant
populations sharing a given habitat.
A minimum/maximum setback yard requirement or
structure height or size established in the Municipal Code.
(1 ) Any natural, altered or artificial water course which has
definable beds and banks capable of conducting confined
runoff from adjacent lands. Water course beds not clearly
defined shall be delineated to include that area which .
would be inundated by runoff resulting from a twenty four
(24) hour rainfall having a recurrence interval of once in
five (5) years.
(2) An altered water course is that which has been affected
by man-made changes in straightening, deepening,
narrowing or widening the original channel.
(3) An artificial water course is that which has been
artificially constructed by man where there was no previous .
4
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natural water course. The limits of the water course bed are
confined to that area which would be inundated by runoff
resulting from a twenty four (24) hour rainfall having a
recurrence interval of once in five (5) years.
ENHANCE:
To heighten the value of wetlands or wetland buffers with
respect to the purposes of this Chapter.
FUNCTIONAL
VALUE INDEX:
A number value from 0.1 to 1.0 given to a functional value
for a wetland.
MANAGE:
To control the use of wetland resources consistent with the
purposes of this Chapter. Management of wetlands
includes conservation, maintenance and enhancement.
STRUCTURE:
That which is built or constructed, an edifice or building of
any kind, or any piece of work artificially built up or
composed of parts jointed together in some definite
manner.
.
VEGETATION,
NATIVE:
The pre-settlement group of plant species native to the
the local region, that were not introduced as a result of
European settlement or subsequent human introduction.
WETLAND:
Lands transitional between terrestrial and aquatic
ecosystems, where the water table is usually at or near the
surface or the land is covered by shallow water. Consistent
with the WCA, wetlands are to be identified and delineated
using the methodology set forth in the Federal Manual for
Identifying and Delineating Jurisdictional Wetlands
(Interagency Task Force on Wetland Delineation, 1987).
For purposes ofthis definition, wetlands must have three of
the following attributes:
(1) A predominance of hydric soils;
(2) Inundated or saturated by surface or ground water at a
frequency and duration sufficient to support a
prevalence of hydrophytic vegetation typically adapted
for life in saturated soil conditions;
(3) Under normal circumstances support a prevalence of
such vegetation.
.
This definition does not include wetlands created from
uplands either: (1) for storm water storage and management
purposes or (2) by actions not intended to create the
5
wetland and approved, permitted, funded or overseen by a
public entity.
.
WETLAND EDGE: The line delineating the outer edge of a wetland. This line
shall be established by using the 1987 Corps of Eneineers
(COE) Wetlands Delineation Manual (Environmental
Laboratory, 1987).
WETLAND FUNCTIONS: The natural processes performed by wetlands, including
functions that are important in providing wildlife and
fishery habitat, facilitating food chain production,
providing habitat for nesting, rearing, and resting sites for
aquatic, terrestrial or avian species, maintaining the
availability and quality of water, such as purifying water,
acting as a recharge and discharge area for groundwater
aquifers and moderating surface water and storm water
flows, improving storm water quality, providing
aesthetic benefits, and well as performing other functions,
including but not limited to those set out in U.S. Army
Corps of Engineers regulations at 33 C.F.R. Section
320.4(b )(2)(1988).
(NOTE: in the definitions that follow, the methodolOgy
and criteria for evaluation of floral diversity/integrity
are based on those detailed in the Minnesota Routine
Assessment Method/or Evaluating Wetland Functions
(Version 1.0), Minnesota Board of Water and Soil
Resources, September, 1998; and criteria for
susceptibility to storm water impacts are based on
recommendations in Storm Water and Wetlands:
Planning and Evaluation Guidelines for Addressing
Potential Impacts of Urban Storm Water and Snow-Melt
Runoff on Wetlands, Minnesota Pollution Control
Agency, June, 1997.)
.
The functional value for Floral DiversitylIntegrity
determined from MnRAM is based on dividing wetlands
into wetland communities (i.e. wet meadow, shallow
marsh, flood plain forest, etc.) and providing a ranking of
Exceptional Quality, High Quality, Moderate Quality and
Low Quality to all major wetland communities within a
wetland.
The major communities of a wetland also determine storm
Water Susceptibility. The Storm Water and Wetland:
Planning and Evaluation Guidelines for Addressing Storm
.
6
Water and Snow-Melt Runoff Impacts to Wetlands
evaluates wetland communities, and places wetland
communities into the categories of Highly Susceptible,
Moderately Susceptible, Slightly Susceptible, and Least
Susceptible to storm water and snow-melt runoff.
.
The wetland inventory conducted as part of this ordinance
placed the wetland communities of the wetlands into the
categories for Floral Diversity/Integrity and Storm Water
and Snow-melt susceptibility. A Functional Value Index,
which is based on a scale of 0.1 to 1.0 with 0.1 being the
lowest ranking and 1.0 being the highest ranking, was
provided for each category as shown below.
.
Functional Value
Index
1.0
0.75
0.5
0.1
Functional Value
Index
1.0
0.75
0.5
0.1
Each wetland was given a ranking based on the functional
value for each of the major wetland communities or
community within the wetland. The overall ranking for
the wetland is based on a weighted average that
incorporates the area of the wetland community (%) and
the Functional Value Index (0.0 - 1.0) for the wetland
community within the wetland.
All wetlands located within a park or Greenway Corridor
(as shown on the Wetland Management Plan Map) will not
have a Wetland Management Classification lower than
Manage 2. The overall wetland functional index range for
Floral DiversitylIntegrity and Storm Water Susceptibility
and the associated Wetland Management Classifications are
shown in Table 1. Table 2 shows how final Wetland
.
7
Management Classifications were determined for an
example wetland.
.
Table 1. Overall Wetland Functional Index Range for
Floral Diversity/Integrity and Storm Water Susceptibility
and the associated Wetland Management Classification.
Floral Diversity /Integrity
& Storm Water
Susceptibility Functional
Index Ran e
1.0 - 0.60
0.59 - 0.5
0.49 - 0.3
Less then 0.3
Wetland Management
Classification
Protect
Mana e 1
Mana e 2
Utilize
Table 2. Example Showing how Final Wetland Management Classifications were Determined.
Wetland Community Storm Water %community Storm Water %community * Storm Water
10 Susceptibility Susceptibility Index Susceptibility Value
AV-W7.2 Deep Marsh Slightly 0.3 0.5 0.15
A V-W7.2 Shallow Marsh Moderately 0.6 0.75 0.45
A V-W7.2 Reed Canary Least 0.1 0.1 0.01
Mono e
Total: 0.61
WetIand Community Floral %comrnunity Floral %community * Floral
10 Diversity/ Diversity/Integrity Diversity/Integrity Value
Integrity Index
AV-W7.2 Deep Marsh Moderate 0.3 0.75 L 0.225
A V-W7.2 Shallow Marsh Moderate 0.6 0.75 0.45
AV-W7.2 Reed Canary Low 0.1 0.10 0.01
Monotype
Total: 0.685
Storm Water Susceptibility has a functional index of 0.61 and Floral Diversity/Integrity has a functional
index of 0.685. They fall within the range of protect (See Table 1).
WETLANDS, PROTECT: These wetlands exist in a largely unaltered state and
have special and unusual qualities that call for a high
level of protection. These wetlands may provide habitat .
for rare, threatened and/or endangered plant and
8
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animal species present; and/or have moderate to
exceptional floral diversity/integrity and moderate to
high susceptibility to storm water and snowmelt; and/or
are within the designated trout-stream corridor
identified on the City's Wetland and Waterbody
Classification Map.
WETLANDS, MANAGE 1: These wetlands have plant communities that are in a
largely unaltered state. The vegetative communities of
these wetlands are characterized by moderate floral
diversity and are slightly to moderately susceptible to
storm-water and snowmelt impacts.
WETLANDS, MANAGE 2: These wetlands have usually been altered by human
activities. These wetlands have low to medium floral
diversity and wildlife habitat components. These
wetlands are slightly susceptible to impacts from storm
water. In addition, if a wetland has characteristics of a
utilized basin but is located within a park or greenway
corridor (as shown on the Wetland and Waterbody
Classification Map) it was put in this management
classification.
.
WETLANDS, UTILIZE: These wetlands have been significantly altered and
degraded through past disturbances. They may be
isolated, with altered hydrology from urban or
agricultural land uses. These wetlands have low floral
diversity, and for the most part are not connected to
other ecosystems. These wetlands are the least
susceptible to impacts from storm water.
10-9-4 GENERAL PROVISIONS
(A) This ordinance shall apply to any applicant for a subdivision approval, or a
grading permit to allow wetland-disturbing activities after
(date of ordinance). No subdivision approval, or
grading permit to allow wetland disturbing activities shall be issued until
approval of the wetland replacement plan application or a certificate of
exemption has been obtained in strict conformance with the provisions of this
chapter and the Minnesota Wetland Conservation Act. This chapter applies
to all land, public or private, located within the City of Farmington.
(B) When any provision of any ordinance conflicts with this chapter, that which
provides more protection to the wetland or wetland buffer shall apply unless
specifically provided otherwise in this chapter; provided, such exceptions shall not
. conflict with state regulations, such as the State Shoreland Program.
9
(C). This ordinance shall apply to all land containing wetlands and land within the
setback and buffer areas required by this ordinance. Wetlands shall be subject to
the requirements established herein, as well as restrictions and requirements
established by other applicable Federal, State, and City ordinances and
regulations. These wetland protection regulations shall not be construed to allow
anything otherwise prohibited in the zoning district where the wetland area is
located.
.
(D) A wetland is land that meets the definition of "wetlands" set forth in this
Ordinance. Wetlands have been identified and the Wetland Management
Classification as established by the officially adopted City maps shall be prima
facie evidence of the location and classification of a wetland. The official maps
shall be developed and maintained by the Community Development Department.
The presence or absence of a wetland on the official maps does not represent a
definitive determination as to whether a jurisdictional wetland is or is not present.
Wetlands that are identified during site specific delineation activities but do not
appear on the official wetland maps are still subject to the provisions of the
Ordinance. It will be the responsibility of an applicant to delineate the exact
wetland boundary. All delineations must be reviewed by the Dakota County Soil
and Water Conservation District. The Dakota County Soil and Water
Conservation District will make recommendations to the City. The City
Council has delegated delineation review authority to its staff. The City will
classify wetlands based on the criteria discussed under Section 10-9-3. The
applicant shall get final delineation approval from the City.
.
Applicants seeking a change in wetland classification must submit to the city
a completed MnRAM Version 1.0 form. The Technical Evaluation Panel will
review the request for change. The Technical Evaluation Panel will make a
recommendation to the City regarding the change in classification.
(E) This subdivision is applicable to wetlands that are determined to be
Jurisdictional Wetlands, based on delineation procedures of the Wetland
Conservation Act.
(F) This subdivision establishes four wetland classifications as defined in the
Definitions section of this Ordinance: Protect, Manage 1, Manage 2, and Utilize.
10-9-5: GENERAL STANDARDS
(A) The following standards apply to all lands within and/or abutting a wetland:
1.
Septic and soil absorption systems must be setback a minimum of 100 feet
from the City approved boundary of the wetland.
.
10
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2.
Building elevation standards shall conform with the standards of the
Farmington Surface Water Management Plan.
3.
Structures intended to provide access across a wetland shall be prohibited
unless a permit is obtained in conformance with State Regulations.
4.
The MPCA's Best Management Practices shall be followed to avoid
erosion and sedimentation during construction processes.
10-9-6:
NO NET LOSS AND WETLAND AL TERA TION
(A) It is the intent of this ordinance to avoid the alteration and destruction of
wetlands. When wetlands or their buffer areas are altered or destroyed,
mitigation must be provided to recreate the functions and values of the lost
wetland and/or buffer area.
To achieve no net loss of wetland, except as authorized by a wetland alteration
permit issued by the City, a person may not drain, grade, fill, remove healthy
native vegetation, or otherwise alter or destroy a wetland of any size or type. Any
alteration to a wetland, permitted by a wetland alteration permit, must be fully
mitigated so that there is no net loss of wetlands.
.
(B) Where it is found that avoidance of direct impact on a wetland is not feasible,
wetland replacement shall be done as per agency (Corps of Engineers,
Department of Natural Resources, and City [WeAl standards.. Replacement
wetlands shall be located within the City, if feasible; if a suitable location is not
available preference shall be given to areas within the major watershed where the
alteration is occurring. If no location is available within the watershed area, a
replacement location should be found within Dakota County.
(C) Drainage, grading, filling, removal of healthy native vegetation, or otherwise
altering or destroying a wetland of any size or type requires a wetland alteration
permit. Other activities in a wetland requiring a wetland alteration perinit
include, but are not limited to
1. Construction of new streets and utilities
2. Installation of boardwalks.
(D) When a wetland alteration permit is issued allowing filling in a wetland, the
following standards shall be followed:
1.
Filling must be consistent with the Farmington Surface Water
Management Plan.
.
11
2.
Filling in wetland areas will be required to be mitigated in accordance
with the requirements of this Ordinance and the Wetland Conservation
Act.
.
(E) When a wetland alteration permit is issued allowing dredging, excavating or
grading in a wetland, the following standards shall be followed:
1. The dredging will not have a net adverse effect on the ecological and
hydrological characteristics of the wetland.
2. It shall be located as to minimize the impact on vegetation. Exceptions
may be allowed in basins dominated by invasive exotic species such as
Reed canary grass (Phalaris arundinacea).
3. It shall not adversely change water flow.
4. The size of the dredged area shall be limited to the minimum required for
the proposed action.
5. Disposal of the dredged material is prohibited within the wetland area
unless it is part of an approved wetland replacement plan.
6.
Disposal of any dredged material shall include proper erosion control and
nutrient retention measures.
.
7. Dredging in any wetland area is prohibited during waterfowl breeding
season or fish spawning season, unless it is determined by the city that the
wetland is not used for waterfowl breeding or fish spawning.
8. Dredging in wetland areas will be required to be mitigated in accordance
with requirements of this Ordinance if the activity results in a loss of
functional wetland. Dredging to create water quality improvement basins
may be allowed by the city where reasonable alternatives are not available
or where the wetland is of low quality and designated for this purpose by
the Farmington Surface Water Management Plan.
(F) STORMW A TER RUNOFF
When a wetland alteration permit is issued allowing storm water runoff to
discharge directly into a wetland, the permit will include requirements established
by the Farmington Surface Water Management Plan. These requirements establish
.
12
.
.
.
a maximum High Water Level bounce and allowable phosphorus loadings based
on the City's wetland classification system.
(0) An applicant for a wetland alteration permit shall adhere to the following principles
in descending order of priority:
1. Avoid the direct or indirect impact of the activity that may destroy or
diminish the wetland:
2. Minimize the impact by limiting the degree or magnitude of the wetland
activity and its implementation:
3. Rectify the impact by repairing, rehabilitating, or restoring the affected
wetland function and its implementation:
4. Reduce or eliminate the impact over time by preservation and maintenance
operations during the life of the activity; and
5. Replacing unavoidable impacts to the wetlands by restoring or creating
substitute wetland areas having equal or greater public value as set forth in
Minnesota Rules 8420.0530 to 8420.0630.
(H) A wetland alteration permit shall not be issued unless the proposed development
complies within the provisions of the Mitigation Section of this article, as well as
the standards, intent, and purpose of this article.
10-9-7 WETLAND BUFFER AREAS
(A) For lots of record created after (date of ordinance adoption),
a buffer area shall be maintained abutting all wetlands. Buffer area vegetation
shall be established and maintained in accordance to the following requirements:
(See illustration 10-9-7)
(B) Buffer area vegetation shall be considered adequate when the buffer has a
continuous, dense layer of perennial grasses, flowers, trees and/or shrubs that
have been undisturbed for at least 10 consecutive years. Vegetation shall be
considered unacceptable if:
I. it is composed of noxious weeds; or
2. topography or sparse vegetation tends to channelize the flow of surface
water; or
3. for some other reason the vegetation is unlikely to retain nutrients and
sediment.
13
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(C)
Where buffer areas, or a portion thereof, are not vegetated or have been cultivated
or otherwise disturbed within 10 years of the permit application, such areas shall
be re-planted and maintained according to each of the following standards:
1. Buffer areas shall be planted with a seed mix containing 100 percent
perennial native plant species, except for a one-time planting of annual
nurse or cover crop such as oats or rye.
2. The seed mix to be used shall consist of at least 15 pounds pure live seed
(PLS) per acre of native grass seed and I pound PLS per acre of native
forbs. Native grass and native forb mixes shall contain no fewer than four
(4) and five (5) species respectively.
3. The annual nurse or cover crop shall be applied at a rate of 20 pounds per
acre.
4. Native shrubs may be substituted for forbs. Such shrubs may be bare root
stock and shall be planted at a rate of 60 plants per acre. Shrubs shall be
distributed so as to provide a natural appearance and shall not be planted
in rows.
5.
Buffer area plantings along the Vermillion River corridor or other areas of
trout stream habitat shall follow planting guidelines included in the
Farmington Surface Water Management Plan. (Approved tree species are
list on Figure 4-5 in the Farmington Surface Water Management Plan.)
6. Native grasses and forbs shall be planted by a qualified contractor by
using a drill designed for native grass seeding or by broadcasting or
hydroseeding at Minnesota Department of Transportation rates (1995
MNDOT Standard Specifications for Construction).
7. No fertilizer shall be used in establishing new buffer areas.
8. All seeded areas shall be mulched immediately with clean straw at a rate
of 1.5 tons per acre. Much shall be anchored with a disk or tackifier.
9. Buffer areas (both natural and created) shall be protected by erosion
control measures as determined by the City. These must be employed
during construction until permanent ground cover is established to
prevent siltation of the buffer area and wetland.
10. A walking trail may be established within a wetland buffer area. The trail
should be constructed to minimize erosion. An undisturbed area of
vegetative buffer at least 10 feet in width should remain between the trail
and the wetland edge. (See illustration 10-9-7 (C)10)
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11.
Applicants may obtain from the City a set of standard seeding and planting
specifications for buffer areas which meet all the City requirements.
.
(D) Buffer areas shall be identified by permanent monumentation acceptable to the
City. In residential subdivisions, a monument is required for each lot. In other
situations, a monument is required for each three hundred (300) feet of wetland
edge.
(E) The clearing and removal of vegetation in the buffer area is prohibited, except for
selective clearing and pruning of individual trees and shrubs which are dead,
diseased, noxious weeds, or hazards.
(F) Where acceptable to adjacent properties, owners are encouraged to leave dead
trees and branches in the buffer area, because they are part of the native natural
environment and provide necessary habitat to many birds and native wildlife.
(0) All buffer areas are measured from the wetland edge as marked in the field.
(H) . The following buffer area sizes are minimum requirements:
Wetland tvpe: Protect Manage 1 Manage 2 Utilize
Average
Buffer Width 75 ft. 50 ft. 25 ft. Oft. .
100 ft. - "protect" wetlands in the designated trout stream corridor
Minimum
Buffer 75 ft. 30 ft. 20 ft. Oft.
Structure
Setback from
Outer Edge
Of Buffer 10 ft. 10 ft. 10 ft. Oft.
(I) Any wetland restored, relocated, replaced or enhanced because of wetland
alterations should have at least the minimum buffer area required for the class of
the wetland involved.
(J) The City may recommend buffer area averaging in instances where it will provide
resource protection to wetland or to valuable adjacent upland habitat, or allow for
reasonable use of property as described in Section 4, provided that the total buffer
area on-site contained in the buffer remains the same.
(K) For roadways, trails, and driveways, or portions thereof, that are routed across
wetlands and are subject to WCA replacement requirements, no buffer areas shall
.
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be required. Public trails that are routed through wetlands for specific interpretive
purposes shall also be exempted from this requirement. (See illustration 10-9-7L)
(L)
If the area of the buffer has a preconstruction slope of 12 percent or greater, the
buffer shall be at the maximum width for the applicant's wetland classification.
The use of a meandering buffer area to maintain a natural appearance is
encouraged but not required in areas of flat topography.
10-9-8
WETLAND AND BUFFER AREA MITIGATION.
(A) Where wetland alteration is approved and mitigation is required,
mitigation must result in equal or improved wetland function and
value. Mitigation plans must address water quality improvement, and
maintenance of pre-existing hydrological balance and wildlife habitat.
The wetland function and value will include improvement of water
quality, maintaining hydrological balance, and provision of wildlife
habitat. Mitigation will be performed at ratios required by the Wetland
Conservation Act to achieve replacement of the wetland function and
value.
(B) The following criteria shall be required for wetland or buffer area
mitigation.
1.
Wetland mitigation will be performed at a ratio required by the
Wetland Conservation Act. Buffers will be required to be
replaced on the fill slope. When a wetland is completely filled,
the buffer area requirement associated with the classification
of the wetland that was filled will be required for the
replacement wetland, unless replacement is occurring adjacent
to a wetland with a higher classification. In this case, the
buffer area requirement for the higher wetland classification
will apply.
2. Mitigation should always result in equal or improved wetland
function and value. The wetland function and value will include
improvement of water quality, maintaining hydrological balance,
and provision of wildlife habitat.
3. Mitigation shall provide a buffer area as set forth in this Ordinance.
4. Mitigation shall maintain or enhance the wetland hydrological
balance through the following:
(a)
(b)
(c)
Restoration of partially drained wetlands
Creation of new wetlands.
Restoration of buffer area functions.
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5.
Mitigation shall provide for pretreatment of water prior to entry to
the wetland to improve water quality if required by the Farmingon
Surface Water Management Plan.
.
6. Mitigation involving the buffer area shall provide landscaping for
nesting and food for wildlife habitat. The buffer area landscape
shall provide for wildlife cover and utilize a diversity of native
flora (Le., trees, shrubs, grasses, herbaceous plants) to encourage
wildlife diversity.
7.
Wetland and buffer area mitigation should be undertaken on site.
If this is not feasible, mitigation should occur locally within the
subwatershed. If this is not possible, mitigation should occur
outside the subwatershed, elsewhere in the City. Ifmitigation
cannot be accomplished on site, or if the City deems it necessary to
perform mitigation off-site, the applicant shall be responsible for
contributing into the City's Wetland Restoration Fund
(described in the Farmington Surface Water Management
Plan). The contribution will be based on the city's cost to
create the new wetland. This includes, but is not limited to, the
cost of land, design, engineering, legal, and construction
activities needed to create the new wetland. The mitigation
performed off-site shall meet the requirements of this ordinance.
.
8. Wetland and buffer area plantings that are completed for
mitigation shall meet the standards for plantings specified in
section 10-9-7.
10-9-9 APPLICATION AND ISSUANCE OF PERMIT.
(A) The applicant for a wetland alteration permit shall furnish the information
required by the City including, but not limited to, a site plan, topographic
data, hydrological data, and habitat evaluation procedures for the review
of a wetland alteration permit application. The community development
director shall use discretion regarding the level and complexity of
information required to review the request.
(B) A wetland alteration permit shall not be issued without having been first
reviewed by the Planning Commission and approved by the City Council
following the review and hearing procedures set forth for conditional use
permits and the additional requirement of Minnesota Rules 8420.0230.
The applicant shall have the burden of proving that the proposed use or
activity complies with the purposes, intent, and other provisions of this
article. The Council may establish reasonable conditions which are
specifically set forth in the permit to ensure compliance with requirements
.
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10-9-10
contained in this article. Such conditions may limit the size, kind, or
character of the proposed work, require the construction of other
structures, require replacement of vegetation and wetland function and
vlaue; establish required monitoring procedures and maintenance activity;
state the work over time; require the alteration of the site design to ensure
buffering; require the provision of a performance security.
(C)
The Farmington City Council shall appoint a person to serve on a
technical evaluation panel. The person must be a technical professional
with expertise in water resources management. Other members of the
technical evaluation panel shall include designated staff from the Dakota
Soil and Water Conservation District, and Minnesota Board of Water and
Soil Resources. Membership of the technical evaluation panel is specified
in the Minnesota Wetland Conservation Act. Decisions under this
ordinance must not be made until after receiving the determination of the
technical evaluation panel regarding wetland public values, location, size,
and/or type if the City Council, the landowner, or a member of the
technical evaluation panel asks for such determinations. The City Council
may seek and consider recommendations, if any, made by the technical
evaluation panel in making replacement plan decisions.
(D) Decisions made under this ordinance may be appealed to the City's
designated Technical Evaluation Panel. Staff costs to the City associated
with the appeal shall be borne by the Applicant.
(E)
Decisions made under this ordinance may also be appealed to the Board of
Water and Soil Resources under Minnesota Rules 8420.0250, after
administrative appeal rights under the official controls have been
exhausted.
EXEMPTIONS
Activities exempted by Minnesota Rules 8420.0120 shall be exempted from the
provisions of this article. However, certificates of exemption must be obtained from the
City prior to starting work.
10-9-11
VARIANCES
Variances from the requirements of this article may be granted in accordance with the
variance provisions of this chapter as regulated by Article 10-86 of this Code, so long as
the variances do not violate the Wetland Conservation Act or its Rules.
10-9-12
PREVIOUS ORDINANCE.
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Chapter 9 of the Farmington City Code is amended by deleting Sections 10-9-1 through
10-9-10 in their entirety.
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This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this
City of Farmington.
of
, 1997 by the City Council of the
.
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