04-16-2013 - Request for council action

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signs, mailboxes, entrance monuments meeting section 78-1405(8) and other equipment that provides an essential public service. c. A setback from the buffer area is not required for fences or retaining walls. (3) Nonconformities. a. Effect of wetland boundary expansion. An existing structure, driveway or parking area meeting the required setback from a city-designated wetland boundary or buffer area is considered a legal nonconforming development if a later wetland delineation or implementation of a wetland buffer shows that the wetland or its buffer is closer than the required setback. b. Existing nonconformities. An existing structure, driveway or parking area that does not meet the required setback from a city-designated wetland boundary or buffer area, is considered a legal nonconforming development. c. Avoiding future nonconformities. In order to avoid the creation of future nonconformities, in situations where development, redevelopment or construction activity does not trigger the establishment of a buffer, the following setbacks shall apply: 1. All new buildings shall maintain a setback from a delineated wetland boundary equivalent to the width of the buffer area per the chart in section 78-1605(c) plus the required 20 foot buffer setback. 2. All new non-structural impervious surfaces and those structures listed as exceptions in section 78- 1608(2)(a) above shall maintain a setback from the delineated wetland boundary equivalent to the width of the buffer area per the chart in [section] 78-1605(c). d. Buffer flexibility. Where existing structures or surfaces are located within an area that would be required for establishment of a buffer under this article, alternative methods of wetland protection may be approved by the city council to avoid creating unreasonable impacts on the existing use of a property. Such methods may include but are not limited to buffer width averaging, redirection of drainage to an area where buffer is feasible, use of rain gardens, cisterns or rain barrels, etc. (Ord. No. 28 3rd series, § 1, 8-22-2005) Sec. 78-1609. - Removal of lands from the wetlands overlay district. (a) Removal of wetlands from a wetland overlay district (i.e. by filling, etc) requires a zoning amendment and an amendment of the official city wetland map. The amendments must be made pursuant to the provisions of section 78-43 of this chapter and WCA replacement rules. These amendments must be consistent with the purpose of this article, the city's surface water management plan and the goals and policies of the community management plan. In determining the appropriateness of a rezoning request, the city council will consider the size of the wetland overlay district, the magnitude of the area proposed for removal, hydrological and ecological effects and the type and function of wetlands involved in order to provide the maximum feasible protection. (b) Wetlands within an overlay district may only be removed according to WCA rules and if at least an equal area of wetland replacement is created to compensate for the wetland being filled. Unless otherwise approved by the city council, compensatory wetland area must be provided within Orono and within the same subwatershed (Painter's Creek, Long Lake Creek, Classen Creek, Lake Minnetonka) as the wetland being altered, if available. (c) In addition to application requirements, the city may require submission and approval of the following information: (1) A copy of the wetland replacement plan application submitted to the MCWD; (2) A concept plan showing the ultimate use of the property; (3) A grading plan, in hard copy format and a CAD or GIS format in Hennepin County coordinates, with appropriate drainage calculations and erosion controls prepared by a registered engineer; (4) A landscaping or revegetation plan; (5) Such other information as may be necessary or convenient to evaluate the proposed permit; and (6) A MnRAM assessment approved by the MCWD. (Ord. No. 28 3rd series, § 1, 8-22-2005)