10-15-2018 Planning Commission Packet

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To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator V From: Laura Oakden, Planner G Date: October 15, 2018 `IkrsHoO' Subject: #LA18-000084,Text Amendment: Land Alterations Public Hearing Application Summary: To review and revise the regulations pertaining to land alterations which include grading,filling and topographic alterations in all districts. Staff Recommendation: Planning Commission should hold a public hearing and give direction to staff primarily regarding goals and objectives of the regulation. Background Applicants are often confused by the existing language and are unclear when it pertains to their project. Further,staff will discover a CUP is required during the building permit review, stalling that building permit unit a CUP is issued. Simplifying the City Code will clarify the process pertaining to land alteration permits and help streamline the permitting process. Regulations for Grading and Land Alteration can be found in sections (Section 78-966 and 78- 1286, attached as exhibit A. Other communities codes excerpts are provided as Exhibits B and C. The city closely regulates grading and land alteration activity's for several reasons, including • To manage stormwater discharge, ensuring drainage does not negatively impact neighboring properties. • Manage hauling traffic and noise • Preventing erosion issues into adjacent properties,wetlands, lakes, and road. Within these goals, staffs proposes regulations that address these situations • Mining • Land Alteration not associated with a building permit • Land Alteration of more than 50 CY in the Lake Yard (excluding rip rap),with or without a building permit • Land Alteration of more than 500 CY within the Shoreland Overlay District, excluding activity directly related to building permit. • Grading and Land alteration that serves to artificially raises the principal structure over X (to be defined)feet from existing grade, i.e. refine Engineered grade. • Soil export not associated with a building permit • Reduce or eliminate regulations that do not serve stated goals. Analysis Recent Land Alteration CUPs have drawn minimal comment and discussion with the Planning Commission and City Council, suggesting that if the goals can be addressed through the permitting process,the time and expense of a public review process could be avoided. Public Comments To date, no public comments have been received.