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HomeMy WebLinkAbout10D - PW Design Manual i~fRll6 Cn~ 16200 Eagle Creek Avenue S.E. U W'" Prio' Lake, MN 55372-1714 ~ MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT OCTOBER 2, 2006 10 D ROSS BINTNER, WATER RESOURCES ENGINEER CONSIDER APPROVAL OF SECTION 6 OF THE PUBLIC WORKS DESIGN MANUAL HYDROLOGY APPENDIX. Introduction The purpose of this agenda item is for the City Council to approve Section 6 of the Public Works Design Manual Hydrology Appendix. Historv At its June 26, 2006 meeting the Prior Lake City Council considered and approved revisions to the Public Works Design Manual Hydrology Appendix with the exception of Section 6, Wetlands pending further review. Within the municipal boundary of the City of Prior Lake are two water management entities, the Prior Lake Spring Lake Watershed District (WD) and the Scott Water Management Organization (WMO). Each of these organizations has authority for management of water resources within their respective boundaries. However the rules and approaches of the WMO and WD vary. Current Circumstances Currently the City of Prior Lake follows the WD standard for creation of buffer zones around wetland areas citywide; however, with the creation of the Scott WMO and recent implementation of its rules, the City of Prior Lake chose to revise its own rules and consolidate review authority. When first proposed, the Rules attempted to mix the requirement of both the WMO and WD to make a standard that was uniform over the entire City. The approach was abandoned after the Scott WMO refused to accept the City's uniform proposal. In the new rule the goal of uniformity was dropped in favor of allowing the WMO and WD rules to vary. Current Rules Currently the City of Prior Lake requires a 30 foot average width buffer with a minimum of 20 feet. This means that a developer can chose to decrease the buffer width in one area where space is tight but must expand the buffer in another to make up the difference in area so the average is 30 feet. In the Watershed District areas, a conservation easement is required in addition to the City drainage and utility easement over all buffer areas. Currently no conservation easement is required in Scott WMO areas. Prooosed Rules Because of Scott WMO's position, the City is mandated to recommend (:'\\I\i"',~,, r~"!',,,C'" (:\n~M::):')i)f'I" I Q\iHMPW>J",",,,,,! r:1,,~~~f~?,f~fr.~~~\~~e.com Phone 952.447.4230 / Fax 952.447.4245 ISSUES: FINANCIAL IMPACT: ALTERNATIVES: when development occurs within the WMO. The following table shows existing and proposed average buffer widths, minimum buffer widths, setbacks and no- grade zones for both the WMO and WD. Buffer Requirement Average Buffer Width (ft) Scott WMO Current Watershed District 30 25-65 *Dependanton wetland quality 25 30 Minimum Buffer Width (ft) Minimum No- Grade Zone (ft) Foundation 20 20 35 setback (ft) recommended from buffer from wetland * The Scott WMO rule requires that the average buffer width vary dependant on the quality of the wetland with width ranging from 25, 30, 50 and 65 feet. 20 20 o 10 25 In addition to drainage and utility easements, conservation easements will be required over buffer areas in both WMO and WD properties. The City has the choice to implement standards less restrictive than the WMO, however the Scott WMO would then be free to take over permitting authority and issue permits for land developing within the City. The City has avoided this result in the past and is moving away from this "dual track" attempting to consolidate permitting authority in the effort to provide a single point of contact and better customer service. However, by adoption two standards the City could be exposed to equal protection claims from property owners and developers. Two standards also complicate administration of those requirements as staff will have to be sure of property location before reciting buffer requirements. Two standards are not the staff's preference but neither is the confusion created by the City issuing permits in the WD and the Scott WMO in the WMO. From a staff perspective, it would be inappropriate to implement new standards for developments already underway. Therefore to afford the pUblic with the opportunity to initiate development before the new standards take place, the Section 6 of the new appendix would become effective for any development action submitting a complete preliminary plat application after January 1, 2007. A copy of the revised wetland rule is attached. This rule is revenue neutral for the City to implement given the fact that buffer rules are already enforced within the City and this is only a change to specific provisions of the rules. This rule may have an effect on density in the WMO area and could affect land value. 1. Approve a resolution approving Section 6 of the Public Works Design Manual Hydrology Appendix. 2. Deny this item for a specific reason and provide staff with direction. 3. Table this item until some date in the future. RECOMMENDED MOTION: Alternative #1. Reviewed by: Frank BOYler:J.J.~ .f47h Steve Albrecht, Public Works Director/City Eng. Rule Aqel"':da F\dpofi,dGC A RESOLUTION APPROVING SECTION 6 OF THE CITY OF PRIOR LAKE PUBLIC WORKS DESIGN MANUAL HYDROLOGY APPENDIX. Motion By: Second By: WHEREAS, Section 6 sets forth rules within the City of Prior Lake governing wetlands; and WHEREAS, A public and stakeholder comment period was conducted; and WHEREAS, On the June 26, 2006 the City Council approved the Public Works Design Manual with the exception of Section 6, pending the results of further study by outside parties; and WHEREAS, The Scott WMO approved the Local Surface Water Management Plan and Public Works Design Manual contingent on equivalent wetland rules being in place by October 2006; and WHEREAS, All complete preliminary plat applications submitted after the effective date of the Rules must comply with the rules laid out in the Public Works Design Manual Hydrology Appendix; NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. Section 6 of the Public Works Design Manual Hydrology Appendix, is hereby approved. 3. Section 6 will become effective for on January 1, 2007. PASSED AND ADOPTED THIS 2ND DAY OF OCTOBER 2006. YES NO , HauQen I Dornbush I Erickson LeMalr Millar Haugen Dornbush Erickson LeMalr Millar Frank Boyles, City Manager CO.'\!Vaic' RcsolJfccs\LSWfvlP\ZQOG LSVVMP\WetlanJ Ru,~hit~Rf.Br~orlake.com Phone 952.447.4230 / Fax 952.447.4245 City of Prior Lake Public Works Design Manual- Hydrology Appendix SECTION 6: WETLANDS Procedure For developments near wetlands, the following procedure is dependent on which Watershed the wetland falls. Some requirements, common to both WMO and WD are listed under "both." To determine which watershed a project is in, refer to Figure 2. Stormwater susceptibility is determined from the results of a MnRAM to determine if a wetland is eligible for stormwater utilization. Both: The applicant must submit a wetland delineation and a MnRAM 3.0 wetland assessment, these documents are then reviewed by the City. If impacts are proposed to any wetland, the procedure follows the requirements of the Wetland Conservation Act and these rules. A wetland is given a functional classification dependent on the value for vegetative diversity determine by the MnRAM 3.0. Rankings are: Exceptional, High, Medium, and Low. Reouirements PLSLWD: Wetland replacement for impacts occurring within the PLSLWD must take place within the District at a rate of 0.5:1 (New Wetland Credit per acre impacted.) Both: The City must review and approve of the wetland delineation and Minnesota Routine Assessment Version 3.0, (MnRAM) (as amended). Any drainage, fill, excavation or other alteration of a public waters or wetlands is regulated by the Wetland Conservation Act (WCA), State Statutes 1 03G.245 and regulations adopted thereunder. The City is the Local Governing Unit (LGU) under these rules. A conservation easement is required over all buffers. Stormwater Susceptibility. Both: Highly Susceptible: A wetland is considered highly susceptible if: . Forty percent or more of the wetland complex has highly susceptible wetland communities as shown in Table 6.1 and; . Highly susceptible wetland communities have medium to exceptional floral diversity/integrity. Moderately Susceptible: A wetland is considered moderately susceptible if: . Forty percent or more of the wetland complex has a moderately susceptible wetland communities shown in Table 6.1 and; . Moderately susceptible wetland communities have medium to exceptional floral diversity/integrity. G:IWater ResourcesILSWMP\2006 LSWMPIPWDM Hydrology AppendixlWetIand Rule.doc 1 City of Prior Lake Public Works Design Manual - Hydrology Appendix Least Susceptible: Wetlands with low floral diversity, as determined by MnRAM, were considered to be least susceptible wetlands. Slightly Susceptible: Wetlands that do no fall under the high, moderate or least susceptible categories are considered slightly susceptible. Table 6.1 Wetland Community Susceptibility to Stormwater Impacts Highly Susceptible Wetland Communities. Moderately Susceptible Wetland Communities. Sedge Meadow Low Prairies Shrub-Carrs Bogs Coniferous Swamps Alder Thickets Coniferous Bogs Hardwood Swamps Fresh (wet) Meadows Open Bogs Seasonally Flooded Basins Shallow Marsh Calcareous Fens Deep Marsh . Wetland communities determined using key provided in MnRAM Version 3.0. Stormwater Utilization: Hydroperiod Standard 100-year Storm Bounce Discharge Rate Highly Susceptible Existing Table 6.2 S "0 rmwate r Utilization Moderately Susceptible Existing + 0.5 ft Slightly Susceptible Existing + 1.0 ft Least Susceptible No Limit Existing Section 4: Wetland Standard (1) Existing + 1 Day Section 4: Wetland Standard (1) Existing + 2 Days Section 4: Wetland Standard (1) Existing + 7 Days 1 & 2 year NRCS event Inundation 10 yr NRCS Existing Existing + 7 Days Existing + 14 Existing + 21 event Inundation Days Days (2) Outlet Control None: Note None: Note 0 - 2 ft additional 0 - 4 ft additional Elevation OE/HWL on Map OE/HWL on Map storage storage (1) Rates shall be held to the rate control spelled out in section 4, alternate rate control standard for wetlands, unless obtaining these rates is prevented by inundation period requirement. (2) Outlet Control Elevation changes can be made to mitigate volume storage as required in Section 5. Buffer & No-Grade Zone Requirements Existing PLSLWD: The following are the buffer and minimum no-grade zone requirements for each functional classification. The tiered buffer requirement is based on a functional classification of; exceptional, high, medium or low, and can be found using the results of the MnRAM vegetation assessment as described above G:IWater ResourcesILSWMP\2006 LSWMP\PWDM Hydrology AppendixlWetIand Rule.doc 2 City of Prior Lake Public Works Design Manual- Hydrology Appendix Table 6.3 PLSLWD Buffer, Setback and No-Grade Matrix Buffer Exceptional High Medium Low Requirement Average Buffer 30 30 30 30 Width (ft) Minimum Buffer 20 20 20 20 Width (ft) Minimum No- 10 10 10 10 Grade Zone (ft) Foundation 20 20 20 20 setback from Buffer Scott WMO: The following are the buffer and minimum no-grade zone requirements for each functional classification. The tiered buffer requirement is based on a functional classification of; exceptional, high, medium or low, and can be found using the results of the MnRAM vegetation assessment as described above. Buffer Requirement Average Buffer Width (ft) Minimum Buffer Width (ft) Minimum No- Grade Zone (ft) Foundation setback from wetland Table 6.4 Scott WMO Buffer, Setback and No-Grade Matrix Exceptional High Medium Low 65 50 30 25 25 25 25 25 25 25 25 25 35 35 35 35 Both: Grade changes or other disturbances are not allowed in No-Grade Zones with the following exceptions: Pipe Outlets and associated riprap, reseeding or soil amendments, embankment and impacts associated with an approved CIP transportation corridor, grade changes adjacent to approved WCA impacts to wetlands, approved wetland or flood storage mitigation areas and temporary impacts associated with utility installation. A buffer width may vary using "Buffer Averaging." Buffer width may be reduced to the minimum buffer width, but the overall buffer area must be equal in area to a hypothetical fixed width average buffer around the same wetland. This means that while one side of a buffer is reduced in width, the buffer must be increased in width in another area to make up for the loss of area. G:IWater ResourcesILSWMP\2006 LSWMPIPWDM Hydrology AppendixlWetland Rule.doc 3 0.75 0.375 0 0.75 Miles BOUNDARIES I I PL I SL WATERSHED DISTRICT _ SCOTT WMO FIGURE 2 W+E S