HomeMy WebLinkAbout20100607 - VI-14Memo
To: Mayor Hicks and City Council
From: John Hinzman, Community Development Director
Date: June 7, 2010
st
Subject: 1 Reading\Order Public Hearing: Ordinance Amendment –
Shoreland Ordinance Buffers
REQUEST
st
The City Council is asked to consider 1 Reading and order a public hearing to review the
attached amendment to City Code Chapter 153 – Shoreland Management Ordinance. The
amendment requires the establishment of conservation buffers along certain waterways.
nd
Upon approval by the City Council the public hearing and 2 reading would take place on
June 21, 2010.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission voted 5-0 to recommend approval of the ordinance
amendment at the May 24, 2010 meeting.During the public hearing a representative
from ConAgra had questions regarding on how the changes would affect future
operations. Please see the attached minutes for further information.
ATTACHMENTS
Ordinance Amendment
Planning Commission Minutes - May 24, 2010
BACKGROUND INFORMATION
Vermillion River Watershed Joint Powers Organization (VRWJPO)
The VRWJPO regulates water resources and permitting within the Vermillion River
watershed. The City of Hastings plans to take over watershed permitting from
VRWJPO (consistent with most other Cities). In order to assume local permitting
Hastings is required to amend its City Code to be consistent with VRWJPO Rules.
Necessary code changes affect the Shoreland and Stormwater ordinances.
Affected Properties
The buffer requirements would only take affect in the following situations:
1) The property was created after March 22, 2007.
OR
2) Upon future subdivision of the property.
What Are Buffers
Buffers are natural areas along waterways established to filter and treat water run-off
prior to entering the waterway.
How large is the Buffer
The size of the buffer depends on the waterway. Please see the attached map and
chart on the ordinance.
SHORELAND ORDINANCE - BUFFER AMENDMENT
PLANNING COMMISSION REVIEW
MAY 24, 2010
All language below is proposed to be added:
CHAPTER 153: SHORELAND MANAGEMENT
§ 153.02 GENERAL PROVISIONS AND DEFINITIONS.
(F)Definitions.
BUFFER.
An area of natural, minimally maintained, vegetated ground cover
abutting or surrounding a major waterway, public waters wetland, or wetland.
§ 153.05 ZONING AND WATER SUPPLY/SANITARY PROVISIONS.
(H)Buffers.
(1)Purpose. It is the policy, objective, or action to:
(a) Require buffers, acting as filter strips around every wetland based on its
management classification.
(b) Avoid fragmentation of natural areas and corridors when feasible and
mitigate when unavoidable.
(c) To protect shoreland areas from chemical, physical, biological, or
hydrological changes so as to prevent significant adverse impacts.
(2)Areas of Affect. For any lot created after March 22, 2007, a buffer shall be
maintained around the perimeter of identified waterways. The buffer provisions shall not
apply to any lot of record created prior to March 22, 2007until such lot is subdivided, and
as long as the lots created are eligible for Green Acres or Agricultural Preserve. Buffer
strips shall apply whether or not the major waterway, wetland, or public waters wetland is
on the same lot as a proposed development.Buffer regulations apply to waterways
identified in the figure below:
Shoreland Ordinance – Planning Commission – May 24, 2010 Page 1 of 5
(3) Buffer Widths.
Stream Classification Buffer Width in Feet
Conservation Corridor – Lower Reach 150
Aquatic Corridor - Principal Connector 100
Aquatic Corridor – Tributary Connector 50
Water Quality Corridor 30
(4)Provisions.
(a) Where acceptable natural vegetation exists in buffer areas, the retention of
such vegetation in an undisturbed state is required unless approval to replace such
vegetation is received. A buffer has acceptable vegetation if it:
1. Has a continuous, dense layer of perennial grasses that has been
uncultivated or unbroken for a least five consecutive years; or,
2. Has an overstory of trees and/or shrubs that has been uncultivated or
unbroken for at least five consecutive years; or,
Shoreland Ordinance – Planning Commission – May 24, 2010 Page 2 of 5
3. Contains a mixture of the plant communities in 1 or 2 above that has
been uncultivated or unbroken for at least five years.
(b) Buffers shall be staked and protected in the field prior to construction
unless the vegetation and the condition of the buffer are considered inadequate. Existing
conditions vegetation will be considered unacceptable if:
1. Topography or sparse vegetation tends to channelize the flow of
surface water.
2. Some other reason the vegetation is unlikely to retain nutrients and
sediment.
(c) Where buffer vegetation and conditions are unacceptable, or where
approval has been obtained to replant, buffers shall be replanted and maintained
according to the following criteria:
1. Buffers shall be planted with native seed mix approved by the City,
with the exception of a one-time planting with an annual nurse or cover crop. Plantings
of native forbs and grasses may be substituted for seeding. All substitutions must be
approved by the City. Grouping\clusters of native trees and shrubs, of species and at
densities appropriate to site conditions, shall also be planted throughout the buffer area.
2. The seed mix and plantings shall be installed according to City
specifications. The selected seed mixes and plantings for permanent cover shall be
appropriate for the soil site conditions and free of invasive species.
3. Buffer vegetation (both natural and created) shall be protected by
erosion and sediment control measures during construction.
4. During the first five full growing seasons, except where the City has
determined vegetation establishment is acceptable, the owner or applicant must replant
buffer vegetation where the vegetative cover is less than 90 percent. The owner or
applicant must assure reseeding or replanting if the buffer changes at any time through
human intervention or activities.
(d) Where a buffer is required, the City shall require the protection of the
buffer under a conservations easement, or include the buffer in a dedicated outlot as part
of platting and subdivision approval, except where the buffer is located in a public
transportation right-of-way. The buffer shall also be monumented to clearly designate
the boundaries of all new buffers within the new residential subdivision. A monument
shall consist of a post and a buffer strip sign approved by the City.
(e) Alterations, including building, storage, paving, routine mowing, burning,
plowing, introduction of noxious vegetation, cutting, dredging, filling, mining, dumping,
Shoreland Ordinance – Planning Commission – May 24, 2010 Page 3 of 5
grazing livestock, agricultural production, yard waste disposal, or fertilizer applications
are prohibited within any buffer. Periodic moving or burning, or the use of fertilizers and
pesticides for the purpose of managing and maintaining native vegetation is allowed with
the approval of the City. Noxious weeds may be removed and mechanical or spot
herbicide treatments may be used to control noxious weeds, but aerial or broadcast
spraying is not acceptable. Prohibited alterations would not include plantings that
enhance the natural vegetation or selective clearing or pruning of trees or vegetation that
are dead, diseased or pose similar hazards, or as otherwise clarified in Paragraph (f).
(f) The following activities shall be permitted within any buffer, and shall not
constitute prohibited alterations:
1. Use and maintenance of an unimproved access strip through the buffer,
not more than ten feet in width, for recreational access to the waterway and the exercise
of riparian rights;
2. Structures that exist when the buffer is created.
3. Placement, maintenance, repair, or replacement of public roads and
utility and drainage systems that exist on creation of the buffer are required to comply
with any subdivision approval or building permit obtained from the City so long as any
adverse impacts of public road, utility, or drainage systems on the function of the buffer
have been avoided or minimized to the extent practical;
4. Clearing, grading, and seeding is allowed if part of an approved
Wetland Replacement Plan, or approved Stream Restoration Plan.
5. Construction of a multipurpose trail, including boardwalks and
pedestrian bridge, provided it is constructed to minimize erosion and new impervious
surface, and has an undisturbed area of vegetative buffer at least ten feet in width
between the trail and the wetland or public waters wetland edge, or the bank of the major
waterway; or where needed to cross the major waterway, the minimum impact alignment
is used.
6. The construction of underground utilities such as water, stormwater,
and sanitary sewers and pipelines provided the minimum impact alignment is used, the
area is stabilized in accordance with Paragraph (b) above, and setbacks established in the
Floodplain Alterations Rule Criteria are met.
7. Stormwater management facilities provide the land areas are stabilized
in accordance with Paragraph (b) above, and alterations prohibited in Paragraph (e) above
are upheld.
8. The area of shallow vegetated infiltration and biofiltration facilities,
and water quality ponds not to exceed 50 percent of the pond area, adjacent to wetlands
and major waterways may be included in buffer averaging provided the facilities do not
Shoreland Ordinance – Planning Commission – May 24, 2010 Page 4 of 5
encroach into the minimum buffer width, and the land areas are stabilized in accordance
with Paragraph (b) above, and alterations prohibited in Paragraph (e) above are upheld.
(5)Exceptions.
(a) Buffers do not apply to lots of record created prior to March 22, 2007 that
are less than one acre in size.
(b) Buffers do not apply to existing outlots that receive preliminary plat
approval prior to March 22, 2005.
(c) Where a stream meandering project has been completed, the buffer width
shall be established by the City and shall be no less than the minimum.
(6)Permit Requirements. The following exhibits shall accompany the permit
application.
(a) Construction plans and specifications showing the delineated wetland
edge, buffer strip location(s), the location of buffer monuments and the location of any
temporary fencing required.
(b) A narrative description of each buffer strip identifying its current
condition.
(c) A legal description and drawing of each buffer strip, signed forms for
conservation easement; or record of an administrative land split, preliminary plat or final
plat demonstrating that the buffer area is contained in a dedicated Outlot.
(d) A landscaping and vegetation management plan according to Paragraph
(4)(c) above, including a compliance monitoring and certification plan and a cost
estimate, for buffer strips with unacceptable vegetation as defined by Paragraph (4)(b)
above or where grading in a buffer strip is proposed.
Shoreland Ordinance – Planning Commission – May 24, 2010 Page 5 of 5
City of Hastings
Planning Commission Minutes –May 24, 2010Page 1of 2
Hastings Planning Commission
May 24,2010
Regular Meeting
Vice Chair Peinecalled the meeting to order at 7:00 p.m.
Roll Call
1.
Commissioners Present:Peine, Vaughan, Bullington, Slaten, Rohloff
Commissioners Absent:Zeyen and Stevens
Staff Present:Community Development Director John Hinzman,Public Works
Director Tom Montgomery
Approval of Minutes –May 10, 2010
2.
Motion by Commissioner Vaughanto approve the May 10,2010,meetingminutesas
presented. Seconded by CommissionerRohloff.
Upon vote taken, Ayes 5, Nays 0.Motioncarried.
PUBLIC HEARINGS
City of Hastings –Ordinance Amendment #2010-17–Shoreland Ordinance.
3.
Community Development Director John Hinzman presented the staff report.
Vice Chair Peine opened the public hearing at 7:04 pm.
David Vance of ConAgra Mill, 2005 Vermillion Street, had questions on how the ordinance change
and buffer requirements would affect ConAgra; would it interfere with future building plans,
rezoning, or subdivision of the property.Director Hinzman stated the buffer requirements would only
take affect upon future subdivision of the property.
Vice Chair Peine closed the public hearing at 7:07 pm.
Commissioner Vaughan asked if the City would incur further cost by taking over permitting from the
watershed district; what advantage to the City is there in doing this.Director Hinzman stated the cost
additional cost of implementation would be deducted from escrow accounts already established for
projects; having the City involved in permitting and regulation should be more efficient for the
applicant.
Commissioner Slaten about the number of properties that would be affected by the ordinance change;
have any studies been conducted to examine present conditions of buffer areas. Director Hinzman
City of Hastings
Planning Commission Minutes –May 24, 2010Page 2of 2
responded that only those properties that subdivide in the future would be affected. The number of
present owners is only a handful; he’s not aware of any studies.
Motion by Slatento recommend approval of the ordinance amendment as presented.
Seconded byBullington.
Upon vote taken, Ayes 5, Nays 0. Motion carried.
Ordinance Amendment #2010-15–Subdivision Ordinance –fences along collector roads.
4.
Director Hinzman requested that the item be tabled.
Motion by Vaughanto table the item until the June 14, 2010 Planning Commission Meeting.
Seconded by Rohloff.
Upon vote taken, Ayes 5, Nays 0. Motion carried.
Ordinance Review -Stormwater Ordinance Revisions.
5.
Public Works Director Montgomery provided a summary of proposed Stormwater Ordinance
Revisions. Commission Slaten had questions on the impact and measurements of different storm
events.
Other Business
6.
Director Hinzmanupdated the Commission on upcoming items and past City Council actions.
Commissioner Bullington asked for an update on accessory structure notification.
Adjourn
7.
Motion bySlatento adjourn the May 24,2010,Planning Commission meeting.Secondedby
Bullington.
Upon vote taken, Ayes 5, Nays 0. Motion carried.
The meeting was adjourned at 7:22p.m.
Next Planning Commission Meeting –Monday,June 14, 2010
Respectfully submitted,
___________________________
John Hinzman
Recording Secretary