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ITEM 3.1TPC The Planning Company 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com PLANNING REPORT -Addendum TO: FROM: RE: REPORT DATE TPC FILE: BACKGROUND Otsego Planning Commission D. Daniel Licht, AICP Otsego — Martin Farms 3rd Addition; Wetland buffer amendment 1 June 2020 IKIWIM 3-7 Lennar Corporation received final plat approval for Martin Farms 3rd Addition on 26 October 2015. The developer subsequently received approval on 24 October 2016 of a PUD -CUP amendment to allow for averaging the wetland buffer and principal building setback required by Section 20-16-5.F.4 of the Zoning Ordinance based anticipated house plans for Lots 1-7, Block 1 and Outlot A, Martin Farms 3rd Addition. The property owners of Lots 1 and 2, Block 1 Martin Farms 3rd Addition applied (separately) for fence permits and were told by City staff that encroachment of a fence, as well as continued mowing, into the wetland buffers is prohibited. The property owners believe that the wetland buffer was not disclosed to them. City staff identified that the wetland buffer within these lots could be further reduced if Lennar applied for a second amendment that would dedicate additional area within Outlot A, Martin Farms 3rd Addition as wetland buffer. Lennar has prepared a revised wetland buffer for Lots 1-7, Block 1, as well as proposing vacation of a portion of the rear yard existing drainage and utility easements, to reduce the area of the wetland buffer for these lots. A public hearing was noticed for the Planning Commission meeting on 2 December 2019 to consider the application. The Public Hearing included comments from effected property owners regarding the wetland, the buffer requirement, and the effect it has on their rear yards. The Planning Commission continued the public hearing to allow City staff to review further options and for the City Engineer's office to make an evaluation of the wetland. Mailed notice has been sent to the property owners notified of the initial public hearing that the Planning Commission will receive information for consideration of the wetland buffer amendment at their meeting on 15 June 2020. Exhibits: ■ Site Location City Engineer memorandum dated June 01, 2020 Wetland Buffer Averaging Exhibit dated 10/22/19 ANALYSIS Section 11-16-5.F.4 of the Zoning Ordinance requires all parcels preliminary platted after 14 October 2002 to provide for a 20 foot wide vegetative buffer from the delineated boundary of all wetlands and a principal building setback the greater of a 40 feet from the delineated boundary of the wetland or 20 feet from the outside edge of the required vegetation buffer. The purpose of the vegetation buffer is to provide for a natural filter for improved water quality for storm water drainage to wetland areas. The principal building setback from the wetland and/or vegetation buffer is to ensure a usable rear yard for outdoor recreation purposes. The City has adopted these requirements by the Minnesota Pollution Control Agency as part of its Municipal Separate Storm Sewer System (MS4) permit. The evaluation of the wetland south of Block 1, Martin Farms 3rd Addition by the City Engineer's Wetland Specialist is that it is of poor quality. Based on this evaluation, the Planning Commission may consider the following options with regards to the requested amendment of the wetland buffer over Lots 1-7, Block 1 Martin Farms 3rd Addition: 1. Repeal the wetland buffer in its entirely and vacate the drainage and utility easement except for the 10 feet required along the rear lot line and 5 feet on side lots lines required by Section 10-8-12.A of the Subdivision Ordinance. Comment: This action would allow full use of the rear yard of Lots 1-7, Block 1 for turf grass, vegetative plantings, gardens, fences, structures and other impervious surfaces. Amend the wetland buffer as proposed by Lennar as shown on the attached exhibit dated 10/22/19. Comment: Greater use of the rear yard of Lots 1-7, Block 1 for turf grass, vegetative plantings, gardens, fences, structures and other impervious surfaces would be allowed by the area within the remaining wetland buffer would need to be maintained as a no - mow zone and no structures or impervious surfaces would be permitted to encroach. 3. Amend the wetland buffer to either with the current boundaries or proposed boundaries, but allow certain encroachments. Comment: Provide for use of the rear yard of Lots 1-7, Block 1 as turf grass, vegetative plantings, gardens, and chain link fences that do not obstruct stormwater while restricting placement of structures and other impervious surfaces. 2 4. Take no action to amend the wetland buffer as approved on 24 October 2016 and recorded with the properties. Comment: The established wetland buffer on Lots 1-7, Block 3, Martin Farms 3rd Addition would need to be maintained as a no mow zone and no structures would be allowed o encroach in accordance with Section 11-16-5.F.4 of the Zoning Ordinance RECOMMENDATION City staff recommends approval of an amendment to the wetland buffer for Lots 1-7, Block 3, Martin Farms 3rd Addition to allow for use of the rear yard of Lots 1-7, Block 1 as turf grass, vegetative plantings, gardens, and chain link fences that do not obstruct stormwater (alternative 3) based on the City Engineer's evaluation of the wetland. POSSIBLE ACTIONS A. Motion to recommend City Council approval of a PUD -CUP amendment modifying the wetland buffer for Martin Farms 3rd Addition Lots 1-7, Block 1 subject to the following conditions: Repeal the wetland buffer in its entirely and vacate the drainage and utility easement except for the 10 feet required along the rear lot line and 5 feet on side lots lines required by Section 10-8-12.A of the Subdivision Ordinance Or, Revise the boundaries of the wetland buffer as shown on the exhibit dated 10/22/19 to maintained with no disturbances in accordance with Section 11-16- 5.F.4.c of the Zoning Ordinance and vacate those drainage and utility easements lying outside of the modified boundary Or, Modify the use of the rear yards subject to the wetland buffer to allow turf grass, vegetative plantings, gardens, and chain link fences that do not obstruct stormwater; other structures or impervious surfaces would be prohibited. 2. The amended wetland buffer within Lots 1-7, Block 1 shall be posted with signs as approved by the City Engineer. B. Motion to deny the request based on a finding that the application does not comply with the intent and provisions of the Zoning Ordinance. C. Motion to table. 3 Adam Flaherty, City Administrator/Finance Director Tami Loff, City Clerk Andy MacArthur, City Attorney Ron Wagner, City Engineer " Main Office: Hakanson 3601 Thurston Avenue, Anoka, MN 55303 Anderson Phone: 763/427-5860 Fax: 763/427-0520 www.haa-ine.com MEMORANDUM TO: Dan Licht, Otsego City Planner CC: Ron Wagner, City Engineer FROM: Kaci Fisher, Hakanson Anderson DATE: June 01, 2020 RE: Martin Farms Buffer Requirement There are seven residences along Mackenzie Avenue who are adjacent to a wetland that currently do not adhere to the 20 -foot wetland buffer City ordinance requirement. The ordinance states, A protective buffer of natural vegetation at least twenty feet (20') wide from the delineated edge at the time of development shall surround all wetlands within parcels preliminarily platted, developed, or redeveloped after October 14, 2002. (11-16-5.F.4) If the residents were to comply with the ordinance, the buffer would be the majority of their yard. Importance of Buffers Buffers are an important best management practice to improving water quality. They filter out phosphorus, nitrogen, and sediment as well as reduce stormwater volume that can create erosion issues. They are recommended by the Environmental Protection Agency (EPA), Board of Water and Soil Resources (BWSR), Department of Natural Resources (DNR), Minnesota Pollution Control Agency (MPCA), all Watershed Districts and Watershed Management Organizations within the state. They are listed as best management practices for the North Fork Crow River Watershed Restoration and Protection Strategy (WRAPS) and South Fork Crow River WRAPS reports, which are the two watershed regions that encompass Otsego. Buffer Regulations Buffers are required for public waterbodies and public ditches by the Buffer Law as well as the Wright Soil and Water Management Plan and Wright County ordinances. Buffers are also required for mitigated wetlands by the Wetland Conservation Act. MPCA suggests a buffer ordinance in order to help cities meet the MS4 Post -Construction Stormwater Runoff Control. The MPCA published a Pollution Prevention and the MS4 Program guidance document as well as a Model Stormwater Ordinance that incorporate wetland buffers. Mackenzie Avenue Wetland The wetland/waterway south of Mackenzie Avenue is not a DNR public water or public ditch, nor is it a mitigated wetland. The wetland consists mostly of invasive reed canary grass and cattails, which suggest the wetland is of poor quality. Currently an unmowed vegetated buffer is not in place on either side of the wetland. There is likely encroachment of sod and/or landscaping within the wetland itself by the residents on Mackenzie Avenue. Recommendation I would recommend either a reduction of the 20 -foot buffer requirement or modification of what is allowed within the buffer. A smaller buffer would still provide some water quality benefits for the wetland. Alternatively, allowance of mowed vegetation or vegetative plantings within the 20 -foot buffer will still provide a minimum amount of filtration and slow down runoff, but structures or impervious surfaces should still be prohibited. Fences do not impede stormwater runoff, so they could be allowed within the buffer, and drainage and utility easement should still be maintained. Since a buffer is not a requirement on the farmed portion of the wetland, it is unlikely a buffer on the platted side will contribute a significant amount of water quality improvement. However, a buffer will help with stormwater management from the residential side, regardless if the agricultural land contributes to greater water quality issues. If the agricultural land in the future were to be developed, it would be expected that buffers would be established. Hakanson ■■ Anderson