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.
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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.
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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