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HomeMy WebLinkAbout10B - Amendment to City Code Section 1004 MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: ISSUES: CITY COUNCIL AGENDA REPORT AUGUST 4, 2008 10B ROSS BINTNER, WATER RESOURCES ENGINEER CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION 1004, DESIGN STANDARDS, OF THE CITY CODE Introduction The purpose of this report is to consider an ordinance amending Section 1004 of the City Code. The proposed ordinance would update the references to stormwater planning documents and define an expiration period for the stormwater management report. Current Circumstances The intent of this ordinance revision is twofold: 1) to update referenced documents; and 2) defined an expiration period for the stormwater management report for areas platted and constructed with trunk storm collection and treatment facilities previously approved. The update of referenced documents is fairly straightforward. The Comprehensive Stormwater Management Plan was an outdated reference and the Surface Water Management Plan replaced it. Defining an expiration period for stormwater treatment designed as collection and treatment facilities is proposed. In situations where a development plats large areas with the intention of coming back in later years to re-plat portions as they sell, some certainty is needed for stormwater treatment and total land requirements. Under this proposal, when collection and treatment facilities are planned with the greater development and constructed in advance, future re- plats of the treated area would meet local stormwater rules at the time of the plat for 10 years. If developers are not given certainty that the stormwater requirements are not fulfilled with the initial development, there is no incentive to create collection and treatment facilities. The creation of regional facilities is a goal of the City because they are more cost effective to operate and maintain. Since this ordinance revision deals with delegated water quality rules it's approval is conditioned on the approval of the Scott WMO and Prior Lake Spring Lake Watershed District. Section 1004.800 currently reads as follows: 1004.800 Storm Drainage. All subdivision design shall incorporate provision for storm water runoff consistent with the Public Works Design Manual and the Comprehensive Stormwater Management Plan. www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 The intent of this change is to update the references and define the Stormwater Management Report. 1004.800 Storm Drainage. All subdivision design shall incorporate provision for storm water runoff consistent with the Public Works Design Manual and the Comprehe:"'rS?:e Storm'A'nter Management Plan. Local Surface Water Management Plan and be presented in a Stormwater Management Report (as required in the Public Works Design Manual). The next two sections have been added to define an expiration period for collection and treatment facilities and explain under what conditions they can be used. Section 1004.801 allows a phased development to build trunk facilities for a greater plan of development and utilize them for all phases that are designed to be treated and are constructed within 10 years of the plat. This section also requires staff to review the approved stormwater management report for the trunk facility when new development proposes to use the facility to ensure that all impervious still has available treatment in the trunk treatment system. Section 1004.802 allows phased development to utilize stormwater trunk facilities if storage and treatment is available and requires all untreated impervious to meet current rules. 1004.801 1004.802 In cases where trunk facilities and regional stormwater treatment systems were planned and constructed, a Stormwater Management Report approved as part of a Final Plat for the underlying development will be valid for 10 years. A review of the Stormwater Management Report provisions will be required if any of the following is planned: . The area tributary to trunk and regional facilities increases. · Impervious surfaces in excess of those foreseen in the Stormwater Management Report are planned. · Previous phases of development under single ownership were, redeveloped or replatted and were approved to develop with greater impervious or pollutant loads and compensating facilities were not constructed. In cases where the review shows planned development would exceed stormwater capacity planned in the approved Stormwater Management Report one of the following courses of action is required: . If available, credit from a trunk facility can be used. (This option may limit future phased development density). . Additional stormwater management BMPs must be planned and constructed to treat additional impervious. (New BMPs must meet current rules). Section 1108.600 of the Zoning Ordinance states that final determinations of the City Council shall be supported by findings addressing the relationship of the proposed amendment to the following policies: FINANCIAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: Revie~JbY: '\ Frank BOYle.a M 1. There is a public need for the amendment. The proposed amendment furthers the goal of the creation of trunk facilities and gives master planned development land-use certainly for stormwater facilities. 2. The amendment will accomplish one or more of the purposes of this Ordinance, the Comprehensive Plan, or other adopted plans or policies of the City. Goals and objectives of the 2030 Comprehensive Plan include: . Develop regional ponds as appropriate. . Assure that subdivision stormwater plans conform to approved rules and the local Surface Water Management Plan. Purposes of the Zoning Ordinance include: . Enhance the aesthetic character and appearance of the City. . Conserve natural resources and environmental assets of the community. The proposed amendment strives to accomplish these goals, objectives and policies by strengthening the existing ordinance. 3. The adoption of the amendment is consistent with State and/or Federal requirements. This amendment is consistent with federal and state laws. The proposed amendment is consistent with the goals and objectives of the 2030 Comprehensive Plan, the Zoning Ordinance and the enabling legislation set forth in Minnesota statutes. Based upon the findings set forth in this report, staff recommends approval. There is no financial impact to the City. The City Council has the following alternatives: 1. Adopt an ordinance amending the text of the Zoning Ordinance as proposed or with changes specified by the City Council and forward the ordinance to the Scott WMO and Prior Lake Spring Lake Watershed District for final approval. 2. Deny the amendment to the ordinance. 3. Defer consideration of this item and provide staff with specific direction. Staff recommends alternative #1 ; nager AN ORDINANCE AMENDING SECTION 1004 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. Sections 1004.800 will be deleted and replaced with the following: 1004.800 Storm Drainaae: All subdivision design shall incorporate provisions for storm water runoff consistent with the Public Works Design Manual and Local Surface Water Management Plan and be presented in a Stormwater Management Report (as required in the Public Works Design Manual). 2. Section 1004.801 of the Prior Lake City Code is hereby added and will read thus: 1004.801 In cases where trunk facilities and regional stormwater treatment systems were planned and constructed, a Stormwater Management Report approved as part of a Final Plat for the underlying development will be valid for 10 years. A review of the Stormwater Management Report provisions will be required if any of the following is planned: · The area tributary to trunk and regional facilities increases. · Impervious surfaces in excess of those foreseen in the Stormwater Management Report are planned. · Previous phases of development under single ownership were, redeveloped or replatted and were approved to develop with greater impervious or pollutant loads and compensating facilities were not constructed. 1004.802 In cases where the review shows planned development would exceed stormwater capacity planned in the approved Stormwater Management Report one of the following courses of action is required: · If available, credit from a trunk facility can be used. (This option may limit future phased development density). . Additional stormwater management BMPs must be planned and constructed to treat additional impervious. (New BMPs must meet current rules). This ordinance shall become effective from and after its passage, approval by the Scott WMO and Prior Lake Spring Lake Watershed District, and publication. Passed by the City Council of the City of Prior Lake this _ day of ,2008. ATTEST: City Manager Mayor c:\documents and settings\cgreen\local settings\t.emp,or~ry in,ternet files\olk5a\080804 proposed ordinance (storm drainage) (2).doc www.Cltyof~norlake.com Phone 952.447.9800 / Fax 952.447.4245