Adopt Ordinance #16-03 Amending the Wetland Protection Overlay District to Establish Wetland and Storm Water Pond Setbacks and Establish a Minimum Lot Depth for Newly Created Residential Lots (Project No. 16-39)

The purpose of this Ordinance is twofold.  First, it is to bring the City into compliance with the Lower Rum River Watershed Management Organization's (LRRWMO) 3rd Generation Plan by implementing a wetland and storm water pond setback.  The second purpose of the Ordinance is to address feedback from residents over the past couple years regarding remaining buildable area on some parcels after wetlands and floodway have been factored out.  The Ordinance establishes a minimum lot depth for all newly created residential lots in an attempt to provide a reasonable rear yard to accommodate common homeowner improvements such as decks and sheds.  Finally, it is important to note that this Ordinance is not a renewal of a previous wetland buffer requirement nor does it relate to the recently amended floodplain regulations.

A notice of public hearing was published in the Anoka Union Herald, the City's official newspaper, in accordance with state statutes.

Wetland/Storm Water Pond Setback

Ramsey is a member city of the Lower Rum River Watershed Management Organization (LRRWMO) and thus, is subject to the standards and provisions of the LRRWMO's 3rd Generation Plan. The 3rd Generation Plan outlines measures that must be implemented by member cities (Ramsey, Andover and Anoka) that, among other things, protect wetlands throughout the development process. One such standard is a required setback of one (1) rod (the equivalent of 16.5 feet) from all wetlands and storm water ponds. The vegetation within this required setback must be left undisturbed throughout the development, building, and landscaping phases of a project.

Per LRRWMO standards, the draft Ordinance establishes a setback of sixteen and a half feet (16.5') from the boundary of wetlands and storm water ponds.  Furthermore, the draft Ordinance also outlines activities prohibited within the setback area, as outlined in the 3rd Generation Plan, including the following:

• Structures, except for approved fences.
• Paving, except projects with a public purpose such as public trails.
• Retaining walls.
• Filling, dumping, or yard waste disposal.
• Fertilization.
• Septic systems.

Finally, the draft Ordinance identifies acceptable protection standards (silt fencing) and outlines information required as part of plan submittal.

Lot Depth Standard

Over the past several years, the City has received feedback from residents concerning the remaining available buildable area on certain parcels once wetland and floodplain areas are factored out. This concern typically arises as part of the review of a Building Permit application for decks (or other typical homeowner additions) in which wetlands, storm water ponds, or other infrastructure reduces the net (remaining) buildable area. The outcome typically involves consideration of an Encroachment Agreement, which requires approval of the City Council, and potentially requires review/approval by the LRRWMO of a No Loss Exemption (wetland encroachment). Both actions consume City resources and have a cost to the property owner, both financially and in terms of time.

Developing a lot depth standard would help reduce and/or eliminate these issues for the future homeowner(s).  As drafted, any newly created residential lot would need to have a depth of at least 100 feet for a contiguous width of sixty (60) feet that is exclusive of any wetland, wetland setback area, floodway, easement or steep slopes (defined in City Code as lands having an average slopes over twelve percent [12%] as measured over horizontal distances of fifty [50] feet or more, and are not bluffs). 

Essentially, this establishes a minimum buildable area that should provide reasonably sufficient space for common homeowner improvements such as a deck and/or a detached accessory building.  The underlying zoning district would still establish the minimum lot width and area requirements.  Staff acknowledges that this standard likely would impact the number of potential lots within a proposed subdivision; however, this should result in more 'usable' space for the future homeowner to install common features such as a deck, detached accessory building and/or landscaping projects.

The Planning Commission conducted a Public Hearing on this topic at the April 7, 2016 meeting and there were no written or verbal comments received.

The Ordinance was introduced by City Council on April 26, 2016 and is now eligible for adoption.

Alternatives

Alternative #1: Adopt Ordinance #16-03 establishing a wetland/storm water pond setback of sixteen and a half feet (16.5') and establishing a lot depth standard of 100 feet for a continuous width of sixty (60) feet for all newly created residential lots.  The Ordinance will bring the City into compliance with the LRRWMO's 3rd Generation Plan by establishing a wetland setback.  Additionally, establishing a minimum lot depth should help reduce and/or eliminate the need (or at least requests for) for Encroachment Agreements and review by the LRRWMO.  Staff supports this alternative.

Alternative #2: Adopt an amended version of Ordinance #16-03 that establishes a wetland/storm water pond setback of sixteen and a half feet (16.5) but either modifies or eliminates the lot depth standard. 

Alternative #3: Do not adopt Ordinance #16-03.  This would result in the City being in violation of the LRRWMO's 3rd Generation Plan, which could have an impact on future development projects.  Furthermore, it leaves the potential for lots to be created with very little 'usable' or 'buildable' area after a home is constructed, which ultimately can lead to frustration on the future homeowner's end and takes additional resources from the City to resolve the issue/concern.  Staff does not support this alternative.

This case is being handled as part of Staff's regular duties.

The Environmental Policy Board also reviewed the draft Ordinance at it's February 22, 2016 meeting.  Both the Planning Commission and Environmental Policy Board recommend that the City Council adopt Ordinance #16-03.

Motion to waive the City Charter requirement to read the ordinance aloud and adopt Ordinance #16-03 establishing a wetland/storm water pond setback of sixteen and a half feet (16.5') and establishing a minimum lot depth standard for all newly created residential lots. 

Roll Call Vote:

Councilmember Riley
Councilmember Shryock
Councilmember Williams
Councilmember LeTourneau
Councilmember Johns
Councilmember Kuzma
Mayor Strommen