05-20-2013 Planning Commission Packet

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� �, ;`� . � Date Application Received: NA Date Application Considered as.Complete:NA 60-Day Review Period Expires: NA , To: Planning Commission - " Jessica Loflus, City Administrator From: Mike Gaffron, Asst. City Administrator� Date: May 13, 2013 . Subject: #1�-3601 City of Orono -Wetland Ordinance Amendment , -Zoning Code Sections 78-1601 thru 78-1614 -Public Hearing � --------------------------------------------------------------------------------------------------------------------- Pertinent Zoning Code Sections: - Orono Zoning Code, Ch. 78,Article XI, Divisions 1 thru 5: Sections 78-1601 thru 78-1614 List of Exhibits A- 1) Draft Proposed Wetland Ordinance -Entire existing ordinance with changes 2) Draft Proposed Wetland Ordinance -In adoption format B -4/26/13 Memo and Exhibits from May PC Work Session , C -BWSR Technical Paper-Wetland Delineation Levels D -Memo and Selected Exhibits from Apri13 Joint PC/C Work Session Planning Commission and City Council at the joint work session on April 3 discussed the potential for revisions to Orono's wetland ordinances. PC subsequently reviewed this topic briefly at your April 15 regular meeting, tabled the public hearing to your May 20 meeting, and reviewed the potential revisions in greater depth at your May 1 work session. . Exhibit A (attached) is a draft of proposed revisions to the existing ordinance. The premise of this draft is that the Minnehaha Creek Watershed District (MCWD) will be given sole future authority over wetland buffers for residential and non-residential property in Orono. Existing buffers subject to easements and/or covenants would remain subject to the provisions of those existing documents. Wetland jurisdiction not directly related to buffers would not be changed - . this shared jurisdiction would continue to allow the City to administer its own wetland ordinances, and provide for protection measures over and above those required by MCWD if deemed necessary by the City. MCWD Buffer Requirements. Staff has had additional discussions with MCWD staff ' regarding the details of how they administer their buffer ordinances and what near-future revisions to their rules are being proposed. We are satisfied that the MCWD standards for buffers that would affect new non-residential development are equal to or slightly more � restrictive than Orono's buffer requirements. For new residential subdivisions and other new residential development (single-family rebuilds with hardcover increase) MCWD is anticipating they will revise their ordinance in the next few months to simply enforce a 25-foot buffer . requirement, regardless of wetland classification. While this may result in a slightly lesser buffer width requirement than Orono currently has for"Preserve" and"Manage 1"wetlands, it will still . result in a rough numerical equivalent to the 26' wetland setback Orono had until 2005 for all wetlands, and will provide for a buffer where our pxe-2005 ordinance did not require a buffer.