HomeMy WebLinkAboutPlanning Commission - 04/24/2017 AGENDA EDEN PRAIRIE PLANNING COMMISSION
Monday, April 24, 2017 - 7:00 P.M.
PLANNING COMMISSION John Kirk, Charles Weber, Travis Wuttke, Ann Higgins,
MEMBERS: Andrew Pieper, Ed Farr, Mark Freiberg, Michael DeSanctis,
Christopher Villarreal
STAFF MEMBERS: Julie Klima, City Planner; Rod Rue, City Engineer;
Matt Bourne, Manager of Parks and Natural Resources
I. PLEDGE OF ALLEGIANCE --ROLL CALL
II. APPROVAL OF AGENDA
III. MINUTES
A. Approval of the Minutes for the April 10, 2017 meeting
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. VARIANCE #2017-01
Location: 9100 Riley Lake Rd
Request to permit a facility adjacent to Riley Lake greater than 250 square feet. City Code
maximum is 250 square feet
B. CODE AMENDMENT RELATED TO WETLANDS
Request to Amend City Code, Chapter 11, regarding the Standards for the Protection of
Wetlands
VII. PLANNERS' REPORT
VIII. MEMBERS' REPORTS
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
ANNOTATED AGENDA
TO: Planning Commission Members
FROM: Julie Klima, City Planner
RE: Planning Commission Meeting for Monday, April 24, 2017
MONDAY, April 24, 2017 7:00 PM, COUNCIL CHAMBERS
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE-ROLL CALL
III. APPROVAL OF AGENDA
MOTION: Move to approve the agenda.
IV. APPROVAL OF MINUTES
A. PLANNING COMMISSION MEETING HELD MONDAY, APRIL 10, 2017
MOTION: Move to approve the Planning Commission minutes dated April 10, 2017.
V. INFORMATIONAL MEETINGS
VI. PUBLIC MEETINGS
VII. PUBLIC HEARINGS
A. VARIANCE#2017-01
Location: 9100 Riley Lake Rd
Request to permit a facility adjacent to Riley Lake greater than 250 square feet. City
Code maximum is 250 square feet
Riley Lake Park Boat Launch Renovation project is scheduled to occur in 2017. The
renovation includes new park buildings at the beach for changing area and reconfiguration
and/or reconstruction of the boat ramp. As part of the project several natural seating areas or
overlook areas are proposed adjacent to Lake Riley. A variance for a facility greater than 250
square feet is requested for two seating facilities.
MOTION 1: Move to close the public hearing.
MOTION 2: Move to recommend approval of Variance Request #2017-01 based on
information outlined in the Planning Department Staff Report dated April 19, 2017 and
Finding and Conditions of Final Order#2017-0.
B. CODE AMENDMENT RELATED TO WETLANDS
Request to Amend City Code, Chapter 11, regarding the Standards for the Protection
of Wetlands
The City Code relating to standards for protection of wetlands required updating to meet
comments received during the City's Local Water Management Plan update. During this
ANNOTATED AGENDA
April 24,2017
Page 2
process, modifications were made to update references, simplify instructions and better
organize procedures and requirements. Proposed amendments to the Code include both
housekeeping and substantive changes to streamline and clarify requirements.
Staff recommends approval.
VIII. PLANNERS' REPORT
IX. MEMBERS' REPORT
X. CONTINUING BUSINESS
XI. NEW BUSINESS
XII. ADJOURNMENT
MOTION: Move to adjourn the Planning Commission meeting.
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY,APRIL 10, 2017 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Travis Wuttke, Ann Higgins, Charles
Weber, Andrew Pieper, Ed Farr, Mark Freiberg,
Michael DeSanctis, Christopher Villarreal
CITY STAFF: Julie Klima, City Planner
Rod Rue, City Engineer
Matt Bourne, Manager of Parks and Natural Resources
Julie Krull, Recording Secretary
I. CALL THE MEETING TO ORDER
Chair Pieper called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE—ROLL CALL
Kirk and Wuttke were absent.
Klima conducted the swearing in of the two new members of the Planning Commission;
Michael DeSanctis and Christopher Villarreal. Chair Pieper welcomed the two new
members and also recognized former Commission Members Jon Stoltz and Tom Poul for
their hard work and dedication to the Planning Commission.
IIII. APPROVAL OF AGENDA
MOTION: Weber moved, seconded by Higgins, to approve the agenda. Motion carried
7-0.
IV. MINUTES
A. PLANNING COMMISSION MEETING HELD ON MARCH 27, 2017
MOTION: Weber moved, seconded by Freiberg, to approve the Planning
Commission minutes dated March 27, 2017. Motion carried 7-0.
V. INFORMATIONAL MEETINGS
PLANNING COMMISSION MINUTES
April 10, 2017
Page 2
VI. PUBLIC MEETINGS
VII. PUBLIC HEARINGS
VIII. PLANNERS' REPORT
A. HOUSING INFORMATOIN
Klima said throughout 2017, city staff will bring forward topics for the Commission
to discuss and gain additional education on related to the Aspire Eden Prairie 2040
Comprehensive Plan. Tonight's discussion will focus on the topic of housing
within Eden Prairie.
Marisa Bayer, Community Development Coordinator, presented information and a
PowerPoint on Eden Prairie Housing and Demographic Analysis. She stated part of
the data was required by the Metropolitan Council but the City also wanted to
utilize this information to support a broader housing analysis. She discussed
affordability and what the City's needs are in the future. Currently 37.3% of the
units in Eden Prairie are affordable. She also pointed out Eden Prairie's median
household income is higher than other metro areas. She also pointed out single
family homes have increased since 1970 and most of these homes were built
between 1980 and 1989, which means they are starting to get older and will need
updates. They also looked at the population change, as this will be increasing by
2040 and what the needs will be for this change. Another item addressed was what
type of development will take place. The key points looking forward are as
follows:
What we know:
1. Our community is aging.
2. Eden Prairie is a higher income community but we have a large number of low-
moderate income households.
3. Single family homes are increasing in size and value year over years. Some
older single family homes remain affordable to low-moderate income
households, while most new construction is not. The number of new housing
units has decreased decade over decade since the 1980's.
4. The community is primarily owner-occupied units—2/3 units are owner
occupied(homesteaded) and homeowner vacancy rate is 1.1%.
5. Housing rehab loans and grants will be important as the housing stock continues
to age and may not meet changing market needs. Almost 40% of all housing
units were built between 1980 and 1989.
6. New development to meet the increased housing need will be infill housing or
redevelopment of industrial/commercial areas for TOD.
Current Comprehensive Plan Housing Goals:
PLANNING COMMISSION MINUTES
April 10, 2017
Page 3
1. Promote and support reinvestment in older housing stock and neighborhoods
that are approaching the life spans for some utilities, equipment, and structural
elements.
2. Promote and work to locate new housing with convenient access to basic
services, including stores, restaurants, services, transit and parks.
3. Work in partnership with private and public sectors, and regional, state, and
federal agencies to help finance innovative housing demonstration projects and
housing development techniques.
4. Promote and encourage the provision of lifecycle housing opportunities for all
age groups, household sizes, and income levels.
5. Promote and support the development of new affordable housing units to meet
the community's share of the regional affordable housing need, as well as the
community's affordable housing goals.
6. Lower development costs for low to moderate income, elderly, and special
needs housing development.
Freiberg stated he thought it was interesting in 2040 it is estimated that Eden
Prairie's population will be approximately 82,000.
Farr said in regards to goals, what are the strategies in place to make sure these are
reached. Klima said the current goals and policies will be reviewed in connection
with community needs and trends with the Aspire Update, draft policies and goals
will be reviewed and discussed with the Commission.
Villarreal asked what portion of a person's income goes to housing. Bayer said it is
approximately 30 percent of an individual's or family's income.
Klima said there will be several focus groups and outreach groups for Aspire 2040.
She stated a few weeks ago she sent out an email asking for volunteers for the
transportation group on May 2nd from 1pm to 2:30 pm in the City Center. They are
still in need of volunteers so let Klima know if you are interested.
IX. MEMBERS' REPORT
Chair Pieper said the Community Outreach Group is looking for volunteers. If interested
please contact Klima.
X. CONTINUING BUSINESS
XI. NEW BUSINESS
XII. ADJOURNMENT
MOTION: Weber moved, seconded by Higgins, to adjourn the Planning Commission
meeting. Motion carried 7-0.
PLANNING COMMISSION MINUTES
April 10, 2017
Page 4
Chair Pieper adjourned the meeting at 7:35 p.m.
STAFF REPORT
TO : Planning Commission
FROM : Steve Durham, Planner II
DATE : April 20 , 2017
SUBJECT : Riley Park Boat Launch Renovation
APPLICANT/ City of Eden Prairie
OWNER :
LOCATION : 9100 Riley Lake Road, Eden Prairie, MN
REQUEST : Variance to permit a facility adjacent to Riley Lake greater than 250 square
feet . City Code maximum is 250 square feet.
BACKGROUND
Riley Lake Park is classified by the Comprehensive Guide Plan as a Community Park and is
located on the eastern shore of Riley Lake . The Park contains approximately 39 acres . Amenities
include general park facilities plus an existing boat launch. The City has approved the Riley Lake
Park Boat Launch Renovation project . The renovation is scheduled for 2017 and will include
reconfiguration and/or reconstruction of the boat ramp parking, trailer parking area, additional
trails to improve circulation and safety and upgrades to the beach. As part of the plan there will be
six (6) seating areas/overlook facilities adjacent to the waterbody of Riley Lake that will provide
lakeshore recreation opportunities for users which was identified as a need in the Riley Lake Park
master plan. The intent of this renovation is to give residents a cabin like experience without
having to travel outside of the City.
Riley Lake is classified by the Department of Natural Resources as a Recreational Development
Water. The development of Riley Lake Park is consistent with use on a Recreational
Development Water .
The Shoreland requirements of the City Code permit facilities within the shoreland setback not to
exceed 250 square feet. Two (2) of the six (6) seating facilities proposed will be greater than 250
square feet . Overlook seating area #4 is proposed to be 450 square feet . Seating area # 5 is
proposed to be 286 square feet.
The variance request was sent to the Department of Natural Resources for review. The DNR
declined to provide any specific comment on this variance request, but did provide two guideline
documents be shared with the Planning Commission as reference material . The documents are
titled :
• Shoreland & Floodplain Variance Guidance Series — The Basic : What communities need to
Know.
Staff Report — Variance #2017- 01
April 20 , 2017
Page 2
• Shoreland & Floodplain Variance Guidance Series — Ordinary High Water Setbacks
EVALUATING VARIANCES AGAINST STATUTORY CRITERIA
Shoreland, floodplain and riverways are sensitive areas that need special consideration in review
of variances . Local governments must consider each criterion on its own merit and make findings
and conclusions based on the following considerations :
THE VARIANCES IS CONSISTENT WITH THE COMPREHENSIVE GUIDE PLAN
Riley Lake Park is designated as a community park. The natural seating facilities are consistent
with the goals and policies established in the park comprehensive guide plan .
THE VARAINCE IS IN HARMONY WITH THE PURPOSE AND INTENT OF THE
ORDINANCE
The proposed natural seating facilities are designed to be in harmony with the Recreational
Development Water designation of Riley Lake and associated park amenities . The natural seating
facilities are in the interest for all park users and is consistent with the goals and policies of the
park plan.
UNIQUE CIRCUMSTANCES
Unique circumstance, meaning the problem is due to circumstances unique to the property not
caused by the current land owner. The unique circumstance associated with this property is the
use of the property as a Community Park for the entire City and surrounding communities,
meaning a much greater number of users than what would typically be found on a residential
property. The property is not used exclusively for residential purpose, but public park use
including connections to the Hennepin County Regional trail system .
REASONABLE USE OF THE PROPERTY
Another review criteria is that the property cannot be put to a reasonable use without the variance .
This means that a landowner would like to use the property in a particular way but cannot do so
under the rules of the ordinance . It does not mean that the land cannot be put to any reasonable
use without the variance . Location of a seating facility at the water edge is a reasonable use of the
property in the context that is property has a Community Park designation. General park
amenities are already associated with the park. The seating facilities and their locations are
consistent with beach use and boat launch ramp use . The increased size is designed to provide
lakefront recreation opportunities that comply with American with Disabilities Act ADA
requirements and to accommodate a larger number of people that typically use this area as general
park use or as part of the Let ' s Go Fishing program.
ALTERATION OF THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD
CHARACTERS
Will the granting of the variance alter the character of the neighborhood? Under this factor
consider whether the resulting structure will be out of scale, out of place , or otherwise
inconsistent with the surrounding area. The proposed seating facility is not out of scale when
considering the approximate 2 , 500 feet of shoreline within the Park and Community Park status .
Staff Report — Variance #2017- 01
April 20, 2017
Page 3
The proposed seating facilities will be 460 square and 286 square feet : There are no walls
proposed with these seating facilities and will be a ground level . The seating facilities are
consistent with the park amenities or the neighborhood characteristic of this property.
THE PROPOSED VARIANCES ARE A REASONABLE USE OF THE PROPERTY
The proposed natural seating facilities are a reasonable use of the properties guide plan
designation and associated community park amenity.
STAFF RECOMENDATION
Recommend approval of the request subject based on staff report dated 04-20- 17 and Exhibit B
plan stamp dated 04- 04- 17 .
REQUESTED COMMISSION ACTION
The Commission may wish to choose from one of the following actions :
1 . Approve Final Order #2017-01 .
2 . Approve Final Order #2017-01 with modifications .
3 . Continue Variance Request #2017-01 for additional information .
4 . Deny Final Order #2017-01 .
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Minnesota
Shoreland & Floodplain The Basics:
Variance Guidance Series What Communities Need to Know
This document provides an overview of the statewide regulations governing development and land
DEPARTMENT OF use along lakes and rivers;the roles of local governments in enforcing these regulations;and what
NATURAL RESOURCES local governments need to know when considering variances to these regulations.
The Variance Guidance Series
Considering variances is an important but very challenging job. The DNR—in collaboration with the
League of Minnesota Cities,Association of Minnesota Counties,and the Minnesota Council on
Environmental Advocacy—has developed a series of resources to help local governments make informed
decisions on variances affecting Minnesota's shorelands, floodplains, and designated riverways. The
purpose of the series is to:
• Ensure that Minnesota's lakes and rivers are not compromised through the variance process,
• Guide communities in balancing legal protection of water resources with property use,
• Minimize legal challenges, and
• Empower communities to enforce their shoreland, floodplain, and riverway ordinances through
better understanding of the variance process and state laws governing variances.
Why do we have Shoreland & Floodplain Regulations?
The health of Minnesota's lakes and rivers are
affected by our activities in the watershed. How we
develop land and alter the landscape affects water
quality and the health of fish and animal habitat •
associated with water bodies. �?
The DNR oversees five statewide programs that ., =. _ W"' f '
regulate the use of land abutting lakes and rivers: x _ Y st � � ".:. 7- . �
Shoreland Management,Floodplain Management, 'R`• •.. " ' `. ` 'Y + _ tt.
Wild and Scenic Rivers,Lower St. Croix National
Scenic Riverway, and the Mississippi River ,• !• , . ,,, r � :, -t
Corridor Critical Area. While the specific purposes
of each program vary,their common goal is to A
,� I '. ,• •;=
guide development in a manner that protects public {:
waters for all Minnesotans. • x `. '
11
Under each program,the DNR establishes,through
rule,minimum land use standards that communities
must adopt and enforce through local zoning
ordinances. The responsibility for protecting our lakes and rivers lies largely with local governments and
the decisions they make in administrating and enforcing their ordinances. Local governments have some
flexibility in adopting zoning regulations to address specific concerns within the context of local goals
and policies,but they must look beyond local needs to protect public water resources for everyone.
What are Variances? Why are they Granted?
Variances are a means for departing from the strict enforcement of an ordinance as applied to a specific
property. Variances may be approved for area or dimensional standards such as structure setbacks,
limitations on impervious surface,bluff protection, lot size, grading and filling,and other similar
provisions,but only if all criteria under state law are met. State law prohibits allowing,by variance, any
use that is not allowed in a zoning district.
Page 1 of 6 Variance Guidance Series—The Basics, Updated 04/22/2013
Variances allow the property owner to use his/her property in a manner that is not allowed by the
ordinance,but is basically consistent with the established regulations with minor variations. Occasionally,
a situation will arise where the regular application of ordinance requirements is inappropriate or unfair. In
these situations, a variance may provide an equitable solution. Variances should be rare and for reasons of
exceptional circumstance.
Local Authority and Discretion
Local governments have two types of authority in
making decisions.When adopting or amending a
zoning ordinance, a city council or county board is
exercising so-called"legislative"authority. Here,
the body is advancing health, safety, and welfare by
making rules that apply throughout the entire Varian
community. When acting legislatively,the body has .,
broad discretion and will be afforded considerable 4 Conditional
deference by any reviewing court. the Permits
Subdivision Applications
In contrast,when administering an existing zoning
ordinance and considering a variance, discretion is
much more limited. When considering a variance
application,the local unit of government is ,P1MM‘
exercising"quasi-judicial" authority. Here,the local
government is making a judge-like determination Pyramid of Discretion
about whether an individual variance application Local governments have greater discretion when making
meets all of the legal criteria. Decisions on land use decisions at the base of this triangle,and less as
variances are often made by a body called the board decision-making moves up the pyramid.Discretion is
of adjustment and appeals; in some communities the greatest when officials are creating local laws,and the least
planning commission serves this function. The when officials are administering those laws.
board's decision may be appealed, so it is important Source:League of Minnesota Cities.Used with permission.
to make legally sound decisions.
State Criteria for Variances
In 2011 the State Legislature revised the laws that govern the granting of variances (Minnesota Statutes,
section 394.27, subd. 7 for counties, and section 462.357, subd. 6 for municipalities). Local governments
may grant a variance if all five of the following criteria are satisfied:
• Would granting the variance be consistent with the comprehensive plan?
• Would granting the variance be in harmony with the general purposes and intent of the
ordinance?
• Are there unique circumstances to the property not created by the landowner?
• Would granting the variance allow the essential character of the locality to stay the same?
• Does the property owner propose to use the property in a reasonable manner not permitted by the
ordinance?
The last three criteria address whether practical difficulties exist in complying with the ordinance.
Minnesota statutes state that economic considerations alone cannot create practical difficulties.
Page 2 of 6 Variance Guidance Series—The Basics, Updated 04/22/2013
Evaluating Variances against the Statutory Criteria
Shorelands, floodplains, and riverways are sensitive areas that need special
consideration because public resources are at stake. Local governments must Itasca County
consider each criterion on its own merit, and make findings and conclusions Comprehensive Land Use Plan
based on the following considerations: ,- .-
1) The variance is consistent with the comprehensive plan.
The comprehensive plan serves as a citizen-derived policy
foundation for the zoning ordinance. Comprehensive plans include
goals and policies for protecting natural resources. They may also ,- ?
contain maps that identify areas of high risk or with high
ecological value where development should be avoided or -
carefully planned. The variance request must consider these goals,
policies,and maps. Coa4❑Nadir.and Implemental Ion Took
Considerations: Which goals and policies apply?Is allowing
deviation from the ordinance consistent with these goals and policies? Why/why not?
2) The variance is in harmony with the purposes and intent of the ordinance.
A variance decision is a balancing test that requires weighing the need of an individual
property owner against the interests of other shoreland residents and all state residents.
Ordinances will typically state the purpose for a particular set of standards or requirements.
(Note:If the purposes for specific standards are not clearly articulated in the local
ordinance, a resource for determining the purposes is the Statement of Need and
Reasonableness (SONAR) that accompanied the statewide rules on which the ordinance
standards are based.
Considerations: What are the purposes and intent of the Ordinance? What is the particular
standard being deviated from intended to prevent or protect? Will deviating from the
required standard on this property undermine the purposes and intent? Why/why not?
3) The problem is due to unique circumstances of the property not created by the
landowner.
Unique circumstances relate to physical characteristics of the land such as lot shape and
dimensions.Unique circumstances do not include personal matters unrelated to the property
itself, such as health difficulties, a growing family,or design preferences, or changes made to
the property by the property owner that prevent compliance with the ordinance.
Steep slopes, floodplains,riparian vegetation, and erodible soils are common, and not usually
unique, in shoreland areas. Owning and developing land in these sensitive areas requires
acknowledgment of these conditions and designing with them in mind; that is the point of
shoreland and floodplain regulations.
Considerations: What distinguishes this property from other properties subject to the
shoreland regulations to justify deviation from the requirements when others must comply?
Has the applicant demonstrated that no feasible alternatives exist that would not require a
variance?Is the application motivated by economic concerns or design preferences?
4) The variance, if granted,will not alter the essential character of the locality.
This criterion requires assessing whether the resulting structure or land disturbance will alter
the hydrology, soil stability,vegetation,aesthetics, and landscape features on the site, or be
out of place or scale,or otherwise inconsistent with the surrounding area.
Considerations:How does the size and character of the structure compare to other structures
in the area or expectations as described in the comprehensive plan or other policy
Page 3 of 6 Variance Guidance Series—The Basics, Updated 04/22/2013
documents? To what extent does the structure encroach into sensitive natural areas such as
bluffs or shores? Is significant soil disturbance or vegetation removal required? What is the
long-term risk from changing hydrology and increasing erosion and subsequent sediment in
public waters? Do the structure and shoreline alterations affect the character of the area?
5) The proposal puts the property to use in a reasonable
manner.
The standards in the local ordinance are established to .e;'.
protect public water resources and adjoining property.
It may not be reasonable to deviate from them if doing
so would undermine those protections. For example, a _
minor deviation on a setback may not reduce the h
protective function of the setback,but a major "'' r'""r -
deviation would. Variance requests should only be
considered reasonable when no other alternatives exist,
particularly if the public water at stake is impaired or at ..
risk of becoming impaired.
Considerations:How substantial is the request in Owner's design preference for a walkout is
relation to the standard? What might be considered a not reasonable in a sensitive bluff area.
reasonable deviation from the rules in a non-riparian area
could have significant impacts in a riparian zone. How justifiable are the reasons for the
variance request in the context of sensitive shoreland areas and the potential impacts on
public waters?
A Note on Floodplains...
FEMA requires that in floodplains,the requirements of 44 Code of Federal Regulations(CFR), Section
60.6 (variances and exceptions) be met. These requirements specify that variances: 1) can only be
granted for lots of one-half acre or less; 2) cannot cause any flood stage increase or additional threats
to public safety; 3) cannot cause extraordinary public expense; and 4)the variance is the minimum
necessary to afford relief. Specific language that complies with FEMA's requirements is provided in
the DNR's sample floodplain ordinances.
Minnesota Rules, part 6120.6100 also talk about allowing variances where there is "undue hardship"
if consistent with state and national laws and programs. It also specifies that "although variances may
be used to modify permissible methods of flood protection, no variance shall provide for a lesser
degree of flood protection than stated in these standards."This has been interpreted to mean that a
variance can be given to allow an alternate form of flood protection not allowed in the local
government's floodplain ordinance (e.g., "wet" instead of"dry"floodproofing of principal non-
residential structures), but the level of floodproofing must always be to the regulatory flood
protection elevation.
The community granting the variance must always be mindful of FEMA's additional variance criteria
noted above and that variances that modify the method of floodproofing will likely result in expensive
flood insurance premiums.
Page 4 of 6 Variance Guidance Series—The Basics, Updated 04/22/2013
Making a Decision
After evaluating the variance application against the criteria, several outcomes can occur:
• If the applicant fails to prove that all criteria are met,then the variance should be denied.
• If the applicant demonstrates that all criteria are met,then the variance may be granted.
• If findings support granting the variance,but the project will impact the public resource,then the
variance may be granted but conditions should be imposed to mitigate the impacts.
Conditions of Approval
If findings support granting the variance,impacts r --. —
to the lake or river and riparian areas should be
considered in developing appropriate conditions -
to mitigate them. Minnesota law allows
communities to impose conditions when granting
a variance as long as the conditions are directly -
related and roughly proportional to the impact •
created by the variance.
When the variance involves nonconforming lots
of record in shorelands,Minnesota law1 states .
that communities shall require the property v
owner to address,when appropriate, storm water = .
runoff management,reducing impervious
Vegetative restoration may be an appropriate condition
surfaces, increasing setbacks,restoration of to mitigate the impacts associated with a variance.
wetlands,vegetative buffers, sewage treatment
and water supply capabilities, and other conservation-designed actions.
Variance conditions serve to ensure that the intent of the regulation is met or to mitigate the impact of the
proposed activity. Through thoughtful conditions that can be enforced long-term,the intent of the
regulation can often be achieved.
Best Practices in Considering Variances
In making a quasi-judicial decision that is likely to stand up in court,the decision-making body should
apply the following best practices, some of which are required by law. Following these practices will also
increase public acceptance of the decision,though not necessarily agreement with the decision.
Support the decision with "findings of fact"
The local government should make"findings of fact."Findings of fact is a legal term for simply saying
"the reasons used to support a decision."Findings are very important. To be legally defensible, findings
should not just state that legal criteria have been met,but explain how the criteria are met. The purpose
for making findings is to bridge the gap between the facts and the ultimate decision.Variance findings
should explain how the relevant facts support or do not support the legal criteria described above. The
DNR's"Formula for Variance Findings"will help guide the development of good findings.An"example
of Good Findings"was developed with the formula to demonstrate what good findings might look like.
Discrimination and prejudice should not play a role in deciding on a variance request,nor should a poll of
those attending a public meeting. General statements of support or opposition should not be used as a
finding of fact. Statements made by the public that are concrete and factual relating to the criteria can be
useful in developing findings. Findings should be more than a mere recitation of statutory criteria; they
must provide the factual basis that leads to a rational conclusion.
1 Minnesota Statute,section 462.357,subd.le,item(i)
Page 5 of 6 Variance Guidance Series—The Basics, Updated 04/22/2013
Create a public record that supports the decision
Minnesota law requires that the reasons for a variance decision be articulated in the record. A written
document(such as the DNR's"Formula for Variance Findings") clearly stating the findings and adopted
by the community is recommended to supplement meeting minutes. The law also requires written
findings whenever an application is denied. Findings should explain the decision by listing relevant facts,
addressing each of the legal criteria, and explaining how each criterion is/is not satisfied as part of the
conclusions.
Use an open and transparent process for making e—� •
the decision
Facts or evidence used for making findings should be .
. 4
available for the public to observe and review. Typical
sources for gathering relevant evidence include: the
variance application documents, documents submitted by - - , �•�
the public (paper or digital),public meetings and hearings. �l • '�"'I
Holding a public hearing is an important component in
developing the record and eliciting facts. State statute
requires that counties hold a public hearing for variances.
Notices of public hearings should be sent to nearby
property owners,the DNR, and other interested parties.
The body making the decision should discuss the facts,
deliberate on the decision and make the decision at a
public meeting. Public officials should refrain from prejudging a situation or advocating for a decision
before the facts are established. The burden of proof that a variance is warranted lies with the applicant,
not the board,planning commission, or staff.
Under all statewide land use programs, local governments are required to provide the DNR with copies of
notices for public hearings to consider variance requests, as well as the final decisions. Decisions should
include the complete record for the decision, including findings of fact.
A variance application is subject to Minnesota's"60-day rule2."This means that a variance request must
be approved or denied within 60 days from the date the application was submitted. The rule allows one
60-day extension,if done in writing and within the initial 60-day period. Failure to approve or deny a
request within the statutory time period is deemed an approval.
Further Considerations
Be aware of the rules for Open Meetings, Conflicts of Interest,the 60-day Rule, and the constitutional
limits on government regarding Takings,Due Process and Equal Protection.
Resources on Variances
Additional resources,including example variance requests, FAQs,sample variance forms and resolutions,sample
mitigation scoring systems, review checklists,stormwater management best management practices, native plant
listings, rare species information,training opportunities,and more,visit:
http://www.dnr.state.mn.us/waters/watermgmt section/shoreland/variances.html
References
Statewide Wild&Scenic River and Lower St.Croix Rules—Minnesota Rules, Chapter 6105
Statewide Shoreland Management&Floodplain Management Rules-Minnesota Rules, Chapter 6120
Variance Criteria for Counties-Minnesota Statutes, §394.27,subd. 7
Variance Criteria for Municipalities-Minnesota Statutes,§462.357,subd. 6
2 MS 15.99 Time Deadline for Agency Action
Page 6 of 6 Variance Guidance Series—The Basics, Updated 04/22/2013
VARIANCE # 2017- 01
CITY OF EDEN PRAIRIE
PLANNING COMMISSION
FINAL ORDER 2017-01
APPLICANT :
OWNER : City of Eden Prairie
ADDRESS : 9100 Riley Lake Road, Eden Prairie, MN
OTHER DESCRIPTION : Riley Lake Park
VARIANCE REQUEST :
To permit a facility adjacent to Riley Lake greater than 250 square feet . City Code
maximum is 250 square feet.
The Board of Adjustments and Appeals for the City of Eden Prairie at a regular meeting thereof duly considered the
above petition and after hearing and examining all of the evidence presented and the file therein does hereby find and
order as follows :
1 . All procedural requirements necessary for the review of said variance have been met. (Yes X No N/A) .
2 . Variance 2017-01 is :
granted
modified
denied
3 . Findings and conditions are attached as Exhibit A .
4 . This order shall be effective fifteen days after the decision of the Board of Adjustment and Appeals or on April 24,
2017, however, this variance shall expire one year after the date of the approval unless the applicant has
commenced the authorized improvements or use or has requested an extension of the time period .
The applicant may submit a request for a one-time extension of up to one year from the original expiration date .
Said extension shall be requested in writing to the City Planner at least 30 days prior to the expiration of the
approval . The requested extension shall be subject to the review and approval by the City Planner. If the facts and
circumstances under which the original variance was granted have not materially changed, the City Planner may
approve the extension . If the request includes changed circumstances, the City Planner at his/her discretion may
determine that the request shall be reviewed and considered by the Board .
5 . All Board of Adjustments and Appeals actions are subject to City Council Review.
BOARD OF ADJUSTMENTS AND APPEALS
N/A = Not Applicable BY :
Andrew Pieper — Chair
Date : 04-24- 17
EXHIBIT A — FINDINGS AND CONDITIONS
FINDINGS
1 . The granting of the variances are consistent with the Park Comprehensive Guide Plan.
• The State law requires that variances be consistent with the Comprehensive
Plan. The existing use of the property is Community Park and the variance
would be consistent with the Comprehensive Guide Plan since the use of the
property is not being changed.
2 . The granting of the variance is in harmony with intent and general purposes of the
ordinance and the terms of the variance are consistent with the comprehensive plan.
• The requested variance is in harmony with the goals and intent for amenities of a
Community Park.
3 . The plight of the landowner is due to circumstances unique to the property not created
by the landowner . The property is unique for the following reasons :
• The unique circumstance associated with this property is the use of the property as
a Community Park for the entire City and surrounding communities . The property
is not used exclusively for residential purpose, but public park use including
connections to the Hennepin County Regional trail system .
4 . The property owner proposes to use the property in a reasonable manner . The proposed
variance is a reasonable use of the property due to the following reasons :
• Provide public access to the Community for seating facilities adjacent to Lake
Riley .
• Provides public access to the Community for scenic overlook views of Lake
Riley.
5 . The variance , if granted, will not alter the essential character of the locality.
• The proposed seating facility is not out of scale when considering the approximate
2, 500 feet of shoreline within the Park and Community Park status . The proposed
seating facilities will be 460 square and 286 square feet . There are no walls
proposed with these seating facilities and will be a ground level . The seating
facilities are consistent with the park amenities or the neighborhood characteristic
of this property.
CONDITION : Approved based on attached Exhibit B Plan dated 04- 04- 17
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STAFF REPORT:
TO: Planning Commission
FROM: Leslie Stovring, Environmental Coordinator
DATE: April 20, 2017
SUBJECT: Code Change Standards for Protection of Wetlands(Section 11.51)
BACKGROUND
The City Code relating to standards for protection of wetlands required updating to meet comments
received during the City's Local Water Management Plan update. During this process, modifications
were made to update references, simplify instructions and better organize procedures and
requirements.
The recommended revisions are as follows:
Housekeeping Revisions:
• Reorganized Sections and added subheads to assist in finding relevant information.
• Divided requirements for wetlands in general (Subd. 4) versus development projects that
have wetland requirements (Subd. 5).
• Modified the setback encroachment language to allow up to 10% of the structure setback to
include structures without a need for a variance (Subd. 12.B). Previously this was allowed
with Environmental Coordinator approval.
• Provided clarification between structure setbacks for wetland buffers and setbacks as
referenced elsewhere in City code (Subd. 3.K).
• Removed information that is duplicated in State Statutes.
• Revised references to updated documents and revisions in State Rules and Statutes
Substantive Revisions:
• Added ability to request the Environmental Coordinator to waive the wetland determination
requirement (Subd. 6.A). For example, if the proposal is to redevelop an existing parking lot
a wetland determination report would not be required.
• Added language for non-growing season application submittals to provide additional
clarification on the processes and risks for submittals during the winter(Subd. 6.D).
• Added language that wetland fill is not required to create wetland buffer for any proposed
project(Subd. 8.F).
• Added a reference to follow the watershed district requirements for the area in which the
project is located(Subd. 5.E).
CODE CHANGE
Copies of both the original code section and the proposed section are provided for comparison.
STAFF RECOMMENDATION
Staff recommends approval of the amendments to Section 11.51 as represented in the April 24, 2017
staff report and the draft language.
EXISTING CODE SECTION
SECTION 11.51. STANDARDS FOR THE PROTECTION OF WETLANDS
Subd. 1. Preamble.
This Code hereby incorporates by reference the Wetlands Conservation Act [Minnesota Statutes
103G.221 et seq. (herein after referred to as the WCA)] and Minnesota Rules Chapter 8420. All
wetlands, as defined in Section 11.51, Subd. 3 of this Code, including Public Waters and Public
Waters Wetlands governed by Minn. Stat. 103G.005 and those governed by the U.S. Army
Corps of Engineers, are covered by this Code. Standards outlined in this Code have precedence
over WCA in situations where the City Code is more restrictive than WCA. The following
watershed districts are located in the City:
1. Lower Minnesota River
2. Nine Mile Creek
3. Riley Purgatory Bluff Creek
The City is the acting Local Government Unit (LGU) for the Lower Minnesota River and Riley
Purgatory Bluff Creek Watershed Districts.
Each reference in this Section to statutes, codes, regulations or rules constitutes a reference to the
statute, code, regulation or rule as may be amended from time to time.
Subd. 2. Purpose.
Through the adoption and enforcement of this Code, the City shall promote the general health,
safety, and welfare of its residents by both conserving and protecting wetlands and requiring
sound management practices as provided for in the WCA when development occurs in the
vicinity of wetlands. The intent of this Code is to avoid alteration and destruction of wetlands.
By implementation of this Code, the City seeks to accomplish the following:
1. Balance the need to preserve and protect natural resources and systems with both the rights
of private property owners and the need to support the efficient use of developable land
within the City;
2. Promote water quality by maintaining the ability of wetlands to recharge ground water and
receive the discharge of ground water, to prevent soil erosion, and to retain sediment,
nutrients and toxicants in wetland buffer strip areas before it discharges into community
wetlands, lakes and streams, thus avoiding the contamination and eutrophication of these
water features;
3. Reduce human disturbances to wetlands by providing a visual and physical transition from
surrounding yards; and
City Code Section 11.51—Standards for the Protection of Wetlands
Page 1
4. Provide wildlife habitat and thereby support the maintenance of diversity of both plant and
animal species within the City.
Subd. 3. Definitions.
The following terms, as used in this Section, shall have the meanings stated. Terms not defined
shall have the meaning as stated in Section 11.02 of this Code:
A. "Applicant" — The "Applicant" means the person submitting a Development Application
to the City.
B. "City Engineer"—The "City Engineer" means the City Engineer or his/her designee."
C. "City Wetland Map" — The "City Wetland Map" is referenced as the City's Water Body
Map as developed for the City's Local Water Management Plan and as amended from
time to time as wetland, lake and stormwater pond conditions change or new information
is collected. The City map adopted by this ordinance shall be prima facie evidence of the
location and classification of a wetland.
D. Combined Wetland Permit Application—An application form provided by the Minnesota
Board of Water and Soil Resources (BWSR) for water and wetland projects affecting
lakes, rivers, streams or wetlands. The Combined Wetland Permit Application is a single
form that is completed and submitted to the Local Government Unit (LGU), the
Department of Natural Resources (DNR), the Hennepin Conservation District (Hennepin
County) and the U.S. Army Corps of Engineers (USACOE) for review and approval.
E. "Development Application" — "Development Application" includes but is not limited to
applications for Land Development, Site Plan Review, Planned Unit Development,
rezoning, platting, land alteration, wetland alteration, wetland no-loss determination or
Wetland Replacement.
F. "Environmental Coordinator" — The "Environmental Coordinator" means the
Environmental Coordinator or his/her designee.
G. "Local Government Unit"—The "Local Government Unit" (LGU) is a city council, town
board, watershed management organization under Minnesota Statutes Section 103B.205,
soil and water conservation district or their delegate. In cases where activity or
replacement will occur on state or federal land, the agency with administrative
responsibility for that land is the LGU.
H. "MinRAM" — The Minnesota Routine Assessment Methodology (MinRAM) as
referenced in Minnesota Rules Chapter 8420. MinRAM is a field tool used to assess
wetland functions on a qualitative basis. Functions include items such as vegetative
diversity and integrity; wildlife habitat; water quality protection; flood & stormwater
City Code Section 11.51—Standards for the Protection of Wetlands
Page 2
attenuation; recreation, aesthetics, education & science; fishery habitat; shoreline
protection; groundwater interaction; and commercial uses.
I. "Native Vegetation" - Plant species indigenous to Minnesota, or that expand their range
into Minnesota without being intentionally or unintentionally introduced by human
activity, and are classified as native in the Minnesota Plant Database (Minnesota DNR,
2002 or as amended). Native Vegetation does not include Weeds.
J. "No-Loss Determination" — An application to the Local Government Unit (LGU) to
evaluate whether the proposed work will result in a loss of wetland within the property.
This would include activities listed in Minnesota Rules Section 8420.0415. The
landowner is responsible for submitting the proof necessary to show qualification for the
claim. The LGU may evaluate evidence for a no-loss claim without making a
determination.
K. "Public Value Credit (PVC)" —Wetland replacement credit that can only be used for the
portion of wetland replacement requiring greater than a 1:1 ratio of wetland fill to
wetland replacement as allowed by Minnesota Rules 8420.
L. "Setback" — The minimum horizontal distance between a structure and the nearest edge
of the wetland buffer strip.
M. "Sequencing Flexibility" — Sequencing Flexibility is implemented after all alternatives
have been considered in accordance with Minnesota Rules 8420.0520 and Subd. 11.51,
Section 4 of this Code. A "Sequencing Flexibility Report" must be provided if
sequencing flexibility is requested to document that these conditions have been met and
the proposed action or alternative.
N. "Structure" — A "Structure" means a Structure as defined in Section 11.02, 62 of this
Code.
O. "Technical Evaluation Panel" —A "Technical Evaluation Panel" (TEP) is established for
each LGU under Minnesota Rules 8420.0240. The TEP assists the LGU in making
technical findings and provides recommendations for projects involving wetland
alteration or wetland impacts at the request of the LGU, landowner or a member of the
TEP.
The TEP must include at least one technical representative from each of the following:
• Board of Water and Soil Resources (BWSR)
• Hennepin Conservation District (Hennepin County)
• Local Government Unit(LGU)
For projects involving public wetlands or affecting wetlands adjacent to public waters or
public waters wetlands, the TEP shall include a technical professional employee of the
DNR. The LGU or TEP may invite additional expertise to assist in the decisions. The
City Code Section 11.51—Standards for the Protection of Wetlands
Page 3
TEP shall be coordinated by the LGU.
P. "Weeds" - Weeds are (i) noxious weeds as defined and designated pursuant to the
"Minnesota noxious weed law", Minnesota Statutes, Sections 18.76-18.88, or (ii) any
volunteer plants, such as but not limited to spotted knapweed (Centaurea maculosa) or
burdock (Arctium minus). For the purposes of this definition, weeds do not include
dandelions or clover. The City Weed Inspector and/or Assistant City Weed Inspector
shall maintain a current list of volunteer plants that are prohibited.
Q. "Wetland" - Lands transitional between terrestrial and aquatic systems, either created or
natural, where the water table is usually at or near the surface or the land is covered by
shallow water. For purposes of this definition, wetlands must:
• Have a predominance of hydric soils;
• Be inundated or saturated by surface or ground water at a frequency and duration
sufficient to support a prevalence of hydrophytic vegetation typically adapted for life
in saturated soil conditions; and
• Under normal circumstances support a prevalence of hydrophytic vegetation.
R. "Wetland Alteration" — Alteration of a wetland includes changes to the wetland and/or
wetland buffer strip in regards to size, depth or contour; dredging; tilling; damming;
alteration of the watercourse; ditching; tiling; grading; draining; discharge of water;
appropriation of water; changes in vegetation; or otherwise altering or destroying a
wetland or wetland buffer or their functions. Alterations would not include Native
Vegetation plantings or selective clearing or pruning of prohibited or restricted noxious
weeds as defined in Minnesota Rules Sections 1505.0730 to 1505.0750, unless within a
Conservation Easement in which case submission of and written approval by the City of a
Vegetation Management Plan on a form provided by the City is required.
S. "Wetland Buffer Strip" - An area of vegetated ground cover around the perimeter of a
wetland that, either in its natural condition or through intervention, has the characteristics
of a Buffer as defined in Section 11.02, Subd. 7 of this Code, "Buffer". A "Wetland
Buffer Strip Evaluation Report" is a report summarizing the results of an evaluation of
the wetland and Wetland Buffer Strip in relation to the requirements defined in Section
11.51 Subd. 8 of this Code.
T. "Wetland Delineation" — An assessment tool utilized to determine the boundary of a
wetland using the US Army Corps of Engineers Wetland Delineation Manual (January
1987) as well as any additional boundary determination requirements established in
Minnesota Rules Chapter 8420. A "Wetland Delineation Report" is a document that
summarizes the observations, results and conclusions performed during the assessment
when wetlands are present on the property.
U. "Wetland Determination" — An assessment conducted utilizing the US Army Corps of
Engineers Wetland Delineation Manual (January 1987) to determine whether a wetland is
present within the property that may be impacted by a proposed project. A "Wetland
City Code Section 11.51—Standards for the Protection of Wetlands
Page 4
Determination Report" documents the conditions that lead to the conclusion that wetlands
may or may not be present on the property.
V. "Wetland Plan" — A summary of all work items to be completed in relation to any
wetland alteration, hydrology monitoring, or wetland or wetland buffer strip restoration,
replacement, or construction and the estimated cost for each item. Work items include,
but are not limited to, wetland buffer strip monument purchase and installation; Weed
control; landscaping within the wetland or wetland buffer strip; wetland or wetland buffer
strip restoration; wetland and wetland buffer strip monitoring; wetland replacement
monitoring; or any items determined to be incomplete during the development review
process.
W. "Wetland Replacement" —Wetland habitat enhancement; wetland creation; restoration of
wetland habitat or functions; wetland construction; wetland replacement; wetland
banking; wetland buffer habitat creation; wetland enhancement; or stormwater system
construction to enhance water quality. As a result New Wetland Credit (NWC) and/or
Public Value Credit (PVC) are established for replacement of wetland impacts, loss of
public values of the wetland functions or Wetland Alterations. A Wetland Replacement
Plan summarizes the Wetland Alteration and the method in which the Wetland Alteration
and/or loss of wetland function will be replaced as required in Minnesota Rules 8420.
X. "Wetlands, Exceptional Quality" - Exceptional Quality wetlands have an exceptional
vegetative diversity and integrity function, based on the results of MinRAM. They
typically have an undisturbed plant community or a plant community that is sufficiently
recovered from past disturbances such that it closely represents pre-European settlement
conditions. The wetlands contain an abundance of different plant species with
dominance evenly spread among several species. They will contain very few non-native
species and they may have or previously had rare, threatened or endangered plant species.
Invasive or exotic plant species are either absent or limited to small areas where some
disturbance has occurred. These wetlands exhibit no evidence of significant man-induced
water level fluctuation. Reference wetlands established in the City's "Comprehensive
Wetland Protection and Management Plan" or "Local Water Management Plan" are also
included in this category.
Y. "Wetlands, High Quality" - High quality wetlands have a high vegetative diversity and
integrity function, based on the results of MinRAM, and are still generally in their natural
state. They tend to show less evidence of adverse effects of surrounding land uses.
Exotic and invasive plant species may be present and species dominance may not be
evenly distributed among several species. There tends to be little evidence of water level
fluctuation due to storms and their shorelines are stable with little evidence of erosion.
They show little if any evidence of human influences resulting in higher levels of species
diversity, wildlife habitat and ecological stability.
Z. "Wetlands, Moderate Quality" - Moderate quality wetlands have a moderate vegetative
diversity and integrity function, based on the results of MinRAM. They have a slightly
higher number of native, non-invasive plant species present than low quality wetlands,
City Code Section 11.51—Standards for the Protection of Wetlands
Page 5
often with small pockets of indigenous species within larger areas dominated by non-
native, invasive, exotic or weed species. Their relatively greater species diversity results
in slightly better wildlife habitat. They exhibit evidence of relatively less fluctuation in
water level in response to storms and less evidence of shoreline erosion than low quality
wetlands. They also exhibit relatively less evidence of human influences and therefore,
tend to be of a higher aesthetic quality than low quality wetlands.
AA. "Wetlands, Low Quality" - Wetlands included in this category have a low vegetative
diversity and integrity functions, based on MinRAM, and have been substantially altered
by activities such as agricultural or urban development that caused over-nitrification, soil
erosion, sedimentation and/or water quality degradation. As a result of these factors
these wetlands exhibit low levels of vegetation diversity; overcrowding and dominance of
invasive or non-native species such as reed canary grass, cattails and purple loosestrife;
and a related reduction in the quality of wildlife habitat. These wetlands may also tend to
exhibit extreme water level fluctuations in response to rain events and show evidence of
shoreline erosion. These wetlands do provide for water quality and serve an important
role in protecting water quality downstream.
BB. "Wetland Type" — The "Wetland Type" for each water regime will be determined in
accordance with United States Fish and Wildlife Service Circular No. 30 (1971 Edition),
Classification of Wetlands and Deepwater Habitats of the United States (Cowardin et al.
1979), Eggers and Reed (1997) and Minnesota Rules Chapter 8420. Each wetland type,
which represents at least 10% of the vegetated wetland, including submergent vegetation,
must be classified. For Wetland Replacement Plans, the wetland community
classification listed in Minnesota Rules 8420.0111 Subp. 75 must be used to determine
wetland replacement ratios.
CC. "Wildlife Habitat" - Plant communities that support wildlife in a natural, undomesticated
state.
DD. "Yard" — That portion of a lot not occupied by a Structure. Yard does not include any
wetlands or wetland buffer strips on the property.
Subd. 4. General Provisions — Identification, Evaluation, Delineation, Replacement,
Testing and Reporting Requirements.
A. This Code shall apply to all lands containing wetlands and lands within the setback and
wetland buffer strips required by this Code. Wetlands shall be subject to the
requirements established herein, as well as restrictions and requirements established by
other applicable Federal, State, and City ordinances and regulations. Nothing herein shall
be construed to allow anything otherwise prohibited in the zoning district where the
wetland is located. This Code establishes four wetland classifications as defined in
Section 11.51, Subd. 3 of this Code; Exceptional Quality, High Quality, Moderate
Quality, and Low Quality.
B. The presence or absence of a wetland on the City Wetland Map does not represent a
City Code Section 11.51—Standards for the Protection of Wetlands
Page 6
definitive determination as to whether a wetland covered by this Code is or is not present.
Wetlands that are identified during site specific delineation activities but do not appear on
the City Wetland Map are still subject to the provisions of this Code.
C. Additional requirements for wetland identification, delineation, replacement, testing,
reporting and bonding within areas where the City is the acting LGU shall be in
accordance with the requirements outlined in Section 11.51, Subd. 11 of this Code as
well as those set forth in Section 11.51, Subd. 4 of this Code.
D. Activities including, but not limited to, Wetland Alteration, digging, building, paving,
mowing, cutting, dumping, yard waste disposal, fertilizer application, placing of debris,
planting of non-native vegetation and removal of vegetation are prohibited in wetland
areas. Invasive non-Native Vegetation, such as European or glossy buckthorn and
noxious weeds may be removed unless the area is in a Conservation Easement, in which
case a Vegetation Management Plan on a form provided by the City is required.
E. An Applicant must determine whether a wetland exists on a subject property or within the
setback from a wetland on an adjacent property. The following report(s) must be
provided based on site conditions.
1. If no wetlands are present, the Applicant must document site conditions in a
Wetland Determination Report that includes evaluation of vegetation, hydrology
and soil conditions.
2. If a wetland is present, the Applicant must delineate and document the boundary
of the wetland(s) and the Wetland Type(s) in a Wetland Delineation Report in
accordance with City and WCA requirements and document the conditions of the
wetland buffer strip in a Wetland Buffer Strip Evaluation Report in accordance
with Section 11.51, Subd. 8 of this Code.
F. If a wetland(s) is present, a determination of the function and value of the wetland(s)
using the most recent version of MinRAM or other approved assessment methodology
under Minnesota Rules Chapter 8420 must be completed by the Applicant.
The MinRAM assessment must be submitted to the Environmental Coordinator with the
Wetland Delineation Report.
G. Wetland Determination, Wetland Delineation and Wetland Buffer Strip Evaluation
Reports shall be valid for 3 years from the date of the field delineation for these reports
unless the Environmental Coordinator determines that the report is no longer valid on a
sooner date due to changes in site conditions such as in hydrology, soils or vegetation.
H. Wetland Delineation and Wetland Determination Reports shall be prepared as outlined in
Minnesota Rules Chapter 8420 and in the U.S. Army Corps of Engineers "Guidelines for
Submitting Wetland Delineations to the St. Paul District Corps of Engineers and Local
Units of Government in the State of Minnesota" (Publication 96-01078-SDE) and the
City Code Section 11.51—Standards for the Protection of Wetlands
Page 7
2010 "Regional Supplement to the Corps of Engineers Wetland Delineation Manual:
Midwest Region, Version 2" (Publication ERDC/EL TR-10-16) and must include
information necessary for the City to determine the wetland boundary and Wetland Type,
including wetland delineation field data sheets, survey of the wetland evaluation area, soil
analysis data, vegetation data and hydrology information both within and outside of the
proposed wetland boundary.
I. Wetland Delineation, Wetland Delineation Reports, Wetland Determination Reports and
MinRAM assessments conducted or completed outside of the growing season will not be
accepted for final review and approval by the City until the following growing season.
Determination of non-growing season conditions will be in accordance with the
"Guidelines for Submitting Wetland Delineations to the St. Paul District Corps of
Engineers (COE) and Local Units of Government in the State of Minnesota" issued on
April 17, 1996 (Publication 96-01078-SDE), unless the vegetation cataloging or
hydrology conditions are, in the judgment of the Environmental Coordinator,unreliable.
Approvals may be granted for Wetland Delineation, Wetland Delineation Reports,
Wetland Determination Reports and MinRAM assessments conducted during the
growing season, but submitted during the non-growing season, if the Environmental
Coordinator determines there is sufficient information in the report and visible in the field
at the time of the field verification to assess the three wetland parameters (hydrophytic
vegetation, hydric soils and hydrology) in relation to placement of the wetland
delineation line. If proper assessment of the delineation is not possible during the non-
growing season, the City would consider the Development Application incomplete until
such time that appropriate field verification is possible. A Preliminary Approval may be
requested during the non-growing season. Preliminary Approvals must be verified during
the growing season before any work on the project may commence. The applicant bears
all risk that revisions may be required to Development Application and the Preliminary
Approval due to the fact that the review occurred during the non-growing season.
If a MinRAM assessment is not conducted during the growing season or if it is
determined to be incomplete, the quality will be assumed as High Quality.
J. An Applicant shall not be required to field delineate wetlands on adjacent property. An
Applicant will be required to review available information, including but not limited to
the City Wetland Map, County Soil Survey Map, U.S. Fish and Wildlife Service National
Wetland Inventory (NWI) Maps, and visual information such as the presence of wetland
vegetation and hydrologic evidence on an adjacent property which can be viewed from
the subject property, to estimate the wetland boundary and Wetland Type.
K. Prior to submission of the Wetland Determination Report or Wetland Delineation Report
the Applicant must contact the Environmental Coordinator to obtain a wetland or water
body identification number and any information regarding the documented wetland,
including any existing MinRAM information, for inclusion with documentation provided
to the City. The Applicant must also contact the Environmental Coordinator to obtain a
water body identification number for any existing or proposed stormwater pond,
City Code Section 11.51—Standards for the Protection of Wetlands
Page 8
stormwater infiltration areas, or wetland replacement areas within the Development.
L. Water quality testing results must be provided by the Applicant for any Development
Application involving a wetland buffer strip of less than 100 feet for Exceptional Quality
Wetlands which contain standing water during the growing season. One water sample
must be collected each month between June and August from the surface water (within
the upper 12 inches of water) and analyzed using a methodology pre-approved in writing
by the City by an accredited laboratory for pH, conductivity, total phosphorus, soluble
reactive phosphorus, total dissolved solids, total suspended solids and chlorides. The
water quality testing results must be submitted to the Environmental Coordinator with the
Wetland Delineation Report.
M. For Development Applications involving Wetland Alteration, the Applicant must provide
written documentation to the Environmental Coordinator with the Development
Application that the sequencing steps set forth in Minnesota Rule 8420.0520 have been
met. In following these steps, the Applicant must first demonstrate that alternatives to
avoid and minimize wetland impacts have been evaluated. A minimum of three
alternative plans must be evaluated and provided to the Environmental Coordinator for
review, one of which must be a "no-impact" alternative. Wetland restoration or
expansion of existing or historic wetlands is preferred rather than creation of new
wetlands or other methods of Wetland Replacement.
N. Unavoidable impacts to wetlands must be restored or replaced on-site unless the
alternatives are not reasonably or practically available from an engineering standpoint or
if the only feasible and prudent sites available have greater ecosystem function and public
value than the proposed wetland and it is an area that is to be preserved by a
Conservation Easement or other such instrument. If impacts cannot be restored or
replaced on-site, the Applicant must evaluate alternate sites in the following order of
priority:
1. Within the City of Eden Prairie
2. Within the same subwatershed
3. Within the same watershed (Nine Mile Creek, Lower Minnesota River, Riley
Creek, Purgatory Creek, or Bluff Creek watershed)
4. Within the seven-county metropolitan area of the Minnesota River — Shakopee
major surface water watershed(No. 33)
5. Within the Minnesota River— Shakopee major surface water watershed (No. 33)
Wetland restoration or replacement must at a minimum meet the ratio requirements under
Minnesota Rules 8420.0522 to achieve full replacement of wetland function and value
unless minimum replacement ratios established by the Watershed Districts or USACOE
are greater than the WCA requirements.
City Code Section 11.51—Standards for the Protection of Wetlands
Page 9
O. Sequencing flexibility will not be implemented unless alternatives have been considered
and unless the proposed replacement wetland will provide equal or greater functions and
public values as determined based on a functional assessment reviewed by the Technical
Evaluation Panel using a methodology approved by the Minnesota Board of Water and
Soil Resources (BWSR). If sequencing flexibility is requested, the Applicant must
provide all necessary information to the Environmental Coordinator with the Wetland
Replacement Plan. Flexibility in application of the sequencing steps will be considered
only if the criterion set forth in Minnesota Rule 8420.0520 Subp. 7a are met and the
wetland to be impacted has been degraded to the point where replacement would result in
a gain in function and public value or preservation of the wetland would result in
degradation of the wetland's function and values.
P. Conceptual Wetland Replacement Plans for any proposed impacts that require
replacement under WCA or U.S. Army Corps of Engineers regulatory programs must be
provided to the City by the Applicant with the Development Application. The Applicant
must contact the Environmental Coordinator to obtain a water body identification number
for use in the Wetland Replacement Plans for any replacement wetlands constructed
within the City. Final Wetland Replacement Plans must be submitted to the
Environmental Coordinator for review and approval prior to submission of the
Development Plans to the City Council for review and approval or, if the plans are not
submitted to the City Council, prior to issuance of a Building Permit for the property.
Q. If the Applicant disputes whether a wetland exists or its classification, the Applicant has
the burden to supply detailed information to the Environmental Coordinator supporting
the Applicant's assertion. This includes, but is not limited to, historical aerial
photography, topographic, hydrologic, floristic, and/or soil data deemed necessary by the
City or LGU under the WCA to determine the jurisdictional status of the wetland, its
exact boundary and its classification.
R. Wetland Buffer Strip Evaluation, Wetland Delineation, Wetland Determination, No-Loss
Determination, and Sequencing Flexibility Reports and Wetland Replacement Plans
supplied by the Applicant shall be prepared by a Minnesota Certified Wetland Delineator
in accordance with current state and federal regulations. Wetland delineators must satisfy
all certification requirements that are established by the U.S. Army Corps of Engineers
and/or BWSR or, in the absence of such certification, are determined by the
Environmental Coordinator to be a qualified wetland delineator.
S. An Annual Wetland and Wetland Buffer Strip Evaluation Report ("Annual Buffer
Report") is required if a wetland or any wetland buffer required by Section 11.51 of this
Code is located on the subject property. The Annual Buffer Report shall include an
evaluation of the Wetland and Wetland Buffer and a plan for resolving any
insufficiencies including any information the Environmental Coordinator specifically
requests. If an Annual Buffer Report is required the Developer shall submit an executed
contract with a qualified wetland consultant, as determined by the Environmental
Coordinator, who will prepare the Annual Buffer Report which evaluates the condition of
City Code Section 11.51—Standards for the Protection of Wetlands
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the wetland(s) and wetland buffer strip(s) prior to release of the final plat for any portion
of the subject property, or if there is no plat prior to approval of the Development
Application. . The Annual Buffer Report shall provide both an action plan and proposed
cost for correction of all problems identified. The first Annual Buffer Report shall be
submitted no later than November 1 of the calendar year in which construction,
preparation, grading, seeding, planting and/or monumentation of the wetland(s) and/or
wetland buffer strip(s) is completed. Thereafter, this report shall be submitted by
November 1 each year until two full growing seasons following completion of the
development have passed, at which point a Final Annual Buffer Report shall be
submitted. The Final Annual Buffer Report shall evaluate the wetland(s) and /or wetland
buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s) remain in
compliance with all City requirements. If any unacceptable conditions or vegetation are
identified within the Annual Buffer Reports or the Final Annual Buffer Report, the
Developer shall correct the area(s) identified within ninety(90) days of submission of the
Report, or by June 15th of the following year if submitted during the non-growing season.
T. Wetland Replacement Monitoring Reports are due by November 1 each year until the
wetland replacement is determined to be complete by the LGU with advice from the
Technical Evaluation Panel as outlined in Minnesota Rules Chapter 8420 and Section
11.51, Subd. 11 of this Code.
U. It is unlawful for any person to make a false statement or omission on any application or
report. Any false statement in such application or report shall be grounds for denial of
the application or report, or if already approved, shall be grounds for revocation of the
approval.
Subd. 5. General Standards.
The following standards apply to all lands that contain and/or abut a wetland or a wetland buffer
strip:
A. Structures intended to provide access to or across a wetland or wetland buffer strip shall
be prohibited unless a permit is obtained from the City and is in conformance with
Minnesota Statutes and applicable state rules and regulations.
B. The Minnesota Pollution Control Agency's Urban Best Management Practices shall be
followed to avoid erosion and sedimentation during the construction process. In addition,
the Applicant shall follow the regulations set forth in Section 11.55 of this Code.
C. Where wetland replacement or a wetland buffer strip is required, the Applicant shall,
before the City releases the final plat or, if there is no plat approval involved, the first
building permit for the entire subject property:
1. Submit to the City Engineer and receive the City Engineer's approval of a
conservation easement for protection of the wetland and approved wetland buffer
strip. The easement must describe the boundaries of the wetland and wetland
City Code Section 11.51—Standards for the Protection of Wetlands
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buffer strips, monuments and monument locations and prohibit any Structures,
paving, mowing, introduction of non-native vegetation, cutting, filling, dumping,
yard waste disposal, fertilizer application or removal of the wetland buffer strip
monuments within the wetland buffer strip or wetland.
2. Submit evidence to the City Engineer that the approved easement document has
been recorded in the Hennepin County Recorder's/Registrar of Titles' office.
3. Submit a duplicate original of the easement document executed and
acknowledged and otherwise in form and substance acceptable for filing with the
Hennepin County Recorder/Registrar of Titles office.
4. Submit to the City Engineer and receive City Engineer's approval of a
Declaration of Covenants and Restrictions for any wetland replacement in
accordance with Minnesota Rules Chapter 8420.
5. Submit evidence to the City Engineer that the approved Declaration of Covenants
and Restrictions has been recorded in the Hennepin County Recorder's /Registrar
of Title's office.
D. Yards shall be sodded, seeded and/or mulched within six months of ceasing land
alterations in accordance with Section 11.55, Subd. 5.H of this Code. Wetlands, wetland
buffer strips and wetland replacement areas shall be seeded and/or planted in accordance
with Section 11.51, Subd. 8 of this Code within sixty (60) days of completion of land
alteration. All sodding, seeding or planting must be completed prior to removal of any
erosion control. If construction is completed after the end of the growing season, erosion
control shall be left in place and all disturbed areas shall be mulched to protect these
areas over the winter or during the non-growing season.
Variances for sod outside of the wetland buffer strip areas, in accordance with City Code
Section 9.71, shall be considered on a case by case basis.
E. Stormwater shall not be discharged directly into any natural water bodies such as
wetlands, lakes or creeks without pre-settlement, infiltration, filtration or other pre-
approved method. The pre-treatment must be approved in writing by the Environmental
Coordinator.
Subd. 6. Wetland Buffer Strips and Setbacks.
A. For a Lot of record or a Development Application approved by the City Council after
February 1, 2000, the Applicant shall maintain a wetland buffer strip around the
perimeter of all wetlands and all stormwater ponds which are constructed as part of a
Wetland Replacement Plan. The setback and wetland buffer strip provisions of this Code
shall not apply to a Lot of record as of February 1, 2000 or for Development Applications
for which site plans, preliminary plats, final plats or planned unit development plans have
City Code Section 11.51—Standards for the Protection of Wetlands
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been approved by the City Council prior to this date. The City strongly encourages the
use of a wetland buffer strip and setback on all lots in the City. In addition, any property
located in the Nine Mile Creek or Riley Purgatory Bluff Creek Watershed Districts shall
comply with any additional buffer requirements imposed by the Watershed Districts.
B. Wetland buffer strips and structure setbacks shall apply regardless of whether or not the
wetland is on the same parcel as a proposed Development Application. For parcels in
which the wetland is on an adjacent parcel, the setback and wetland buffer strip
requirements for the parcel shall be reduced by the distance between the property line of
the parcel and the wetland on the adjacent parcel. This provision in no way reduces or
eliminates any other setbacks required by the City Code or any other law or regulation.
C. The Applicant shall establish and maintain wetland and wetland buffer strip vegetation in
accordance with the requirements found in Section 11.51, Subd. 8 of this Code. Wetland
buffer strips shall be identified within each Lot by permanent monumentation approved
by the Environmental Coordinator in accordance with Section 11.51, Subd. 7 of this
Code.
D. Non-native or invasive vegetation, such as European buckthorn, purple loosestrife and
reed canary grass, or dead or diseased trees that pose a hazard may be removed as long as
a Vegetation Management Plan is submitted to the Environmental Coordinator on a form
provided by the City for review and written approval. The Vegetation Management Plan
must maintain the wetland and wetland buffer strip standards found in Section 11.51,
Subd. 8 or as required by the Environmental Coordinator. The Vegetation Management
Plan form must be obtained from the City.
E. All other Structures, including retaining walls, roadways and trails, shall meet the
setbacks and wetland buffer strip standards established in Table 1 below. The use of a
meandering wetland buffer strip to maintain a natural appearance is preferred.
F. For roadways where the City determines that there is no practical alternative except to be
aligned either adjacent to or across wetlands, additional wetland filling to create a
wetland buffer strip shall not be required.
G. Trails that are intended to serve an interpretive function, as determined by the
Environmental Coordinator, are exempted from the wetland buffer strip requirement.
H. An existing Structure, driveway or parking area would be considered a legal
nonconforming Structure if a later WCA delineation shows that the wetland is closer than
the required setback.
City Code Section 11.51—Standards for the Protection of Wetlands
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Table 1 - Wetland Buffer Strips and Setbacks
Exceptional High Moderate Low
Wetland Buffer Strip Minimum Width 40' 30' 20' 10'
Wetland Buffer Strip Minimum Average 60' 60' 40' 20'
Width
Structure Setback(from Wetland Buffer Strip) 25' 25' 15' 15'
Total Minimum Average 85' 85' 55' 35'
I. The wetland buffer strip width for constructed stormwater ponds or infiltration areas
utilized for Public Value (PVC) or New Wetland (NWC) Credit shall be measured from
the Ordinary High Water Level (OHWL) of the pond or infiltration area and shall be
considered of moderate quality.
Subd. 7. Monumentation.
A monument is required at each Lot line where it crosses a wetland buffer strip and shall have a
maximum spacing of 200 feet along the edge of the wetland buffer strip. Additional monuments
shall be placed as necessary to accurately define the edge of the wetland buffer strip. If no
wetland buffer strip is required, monuments shall be placed at the wetland boundary. The
monument shall consist of a post and a wetland buffer strip sign. The post shall be a 1.12 to 2.0
pounds per foot (1.12 pounds per foot is preferred) green steel channel post or other material pre-
approved in writing by the Environmental Coordinator. The post shall be a minimum of 2.25
inches wide and 6 feet 6 inches long (2.25"x 6.5'). The sign shall have a minimum size of 3 inch
by 8 inch (3" x 8"). The sign shall be mounted flush with the top of the post and shall include
the statement "Wetland Buffer: No Mowing Allowed" or "Wetland Buffer: Vegetation Clearing
Limit" or other statement approved in writing by the Environmental Coordinator. The post shall
be mounted to a height of four feet above grade and set at least 2.5 feet in the ground.
Monuments may be waived in unusual circumstances where the Environmental Coordinator
determines that such signs would not serve a practical purpose.
Subd. 8. Vegetation Performance Standards.
A. Where acceptable native, non-invasive vegetation exists in wetland, wetland replacement
and wetland buffer strip areas, the retention of such vegetation in an undisturbed state is
required unless an Applicant receives written approval from the Environmental
Coordinator or any other agency which may regulate the removal or replacement of such
vegetation. A wetland and/or wetland buffer strip has acceptable natural vegetation if it:
1. Has a continuous, dense layer of perennial grasses that have been uncultivated or
unbroken for at least 5 consecutive years, or
2. Has an overstory of trees and/or shrubs with at least 80 percent canopy closure
that have been uncultivated or unbroken for at least 5 consecutive years, or
3. Contains a mixture of the plant communities described in (1) and (2) above that
City Code Section 11.51—Standards for the Protection of Wetlands
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have been uncultivated or unbroken for at least 5 consecutive years.
B. Notwithstanding the performance standards set forth above in Section 11.51, Subd. 8 (A)
of this Code, the Environmental Coordinator may determine existing wetland and/or
wetland buffer strip vegetation to be unacceptable if the wetland and/or wetland buffer:
1. Is composed of Weeds (including, but not limited to common buckthorn, purple
loosestrife, leafy spurge and/or noxious weeds as defined by Minnesota Statutes,
Sections 18.76-18.88), or
2. Has topography that tends to channelize the flow of surface runoff, or
3. For some other reason it is unlikely to retain nutrients and sediment.
C. Areas with unacceptable vegetation shall be re-graded, re-seeded and/or re-planted as
needed and maintained in accordance with Section 11.51, Subd. 8 of this Code. The
wetland, wetland replacement and wetland buffer strip planting requirements must be
included in the Wetland Delineation, Wetland Buffer Strip Evaluation or Wetland
Replacement Plan Monitoring Report. Wetland, wetland alteration, wetland replacement
and wetland buffer strip landscaping shall be according to the following standards:
1. Planted with a diverse native, non-invasive seed mix appropriate for the specific
site conditions that contains 100 percent perennial native vegetation. A one-time
planting of an annual nurse or cover crop such as oats or rye may be included.
2. Seed mix used shall be a BWSR seed mix appropriate for the area requiring
reseeding or other alternative pre-approved in writing by the Environmental
Coordinator. The seeding rate shall be at the rate recommended by the BWSR
seed mix criteria or other pre-approved alternative.
3. Native shrubs may be substituted for the native seed mix where appropriate. All
substitutions must be pre-approved in writing by the Environmental Coordinator.
Such shrubs may be bare root seedlings and shall be planted at a minimum rate of
60 plants per acre. Shrubs shall be distributed so as to provide a natural
appearance and shall not be planted in rows.
4. Any groundcover or shrub plantings installed within the wetland or wetland
buffer strip are independent of landscaping required elsewhere by the City Code.
5. Native prairie grasses and forbs shall be seeded or planted in accordance with
"Restoring & Managing Native Wetland & Upland Vegetation" (published
January 2006 by the Minnesota Department of Transportation (MnDOT) and
BWSR) or other alternate method pre-approved by the Environmental
Coordinator by a qualified contractor. Determination of the contractor's
qualifications shall be made by the Environmental Coordinator. It is the
responsibility of the Applicant to have the contractor and method used approved
City Code Section 11.51—Standards for the Protection of Wetlands
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by the Environmental Coordinator prior to planting or seeding.
6. No fertilizer shall be used in establishing new wetland buffer strips, except when
deemed necessary to establish acceptable wetland and/or wetland buffer strip
vegetation and then limited to amounts indicated by an accredited soil testing
laboratory. Determination of proper accreditation shall be made by the
Environmental Coordinator.
7. All seeded areas shall be mulched immediately with clean straw at a rate of 1.5
tons per acre. Mulch shall be anchored with a disk or tackifier.
8. Wetland, wetland replacement and wetland buffer strip areas (both natural and
created), shall be protected by erosion control during construction in accordance
with Section 11.55, Subd. 5 of this Code.
9. The erosion control shall remain in place until the cover crop is established.
D. The Applicant shall establish and maintain the wetland and wetland buffer strip
vegetation in accordance with the requirements found in this Section, both during
development and for two full growing seasons after completion of the development.
During this time, the Applicant must replant or reseed any wetland and/or wetland buffer
strip vegetation that does not survive.
E. After the second full growing season following completion of the development, if the
condition of the wetland and/or wetland buffer strip diminishes, the Applicant shall not
be required to reestablish the wetland and/or wetland buffer strip to meet the standards
contained in Section 11.51, Subd. 8 of this Code. However, wetlands created for
Wetland Replacement must be monitored and maintained by the Applicant until the
wetland is reviewed and approved by the LGU in accordance with the requirements
established by Section 11.51, Subd. 11 of this Code and Minnesota Rules Chapter 8420.
After such times, the property owner on which the wetland and/or wetland buffer strip is
located shall be responsible for the maintenance of the wetland, wetland alteration,
wetland replacement and/or wetland buffer strip areas and must:
1. Maintain and repair damage to wetland and/or wetland buffer strip areas from
activities such as mowing, cutting, grading or other prohibited activities unless
approved by the City in writing as a Vegetation Management Plan.
2. Maintain only vegetation permitted in the Vegetation Management Plan or as
found in Section 11.51, Subd. 8 of this Code in the wetland and wetland buffer
strip, including the removal of all Weeds, unless allowed otherwise in writing by
the Environmental Coordinator.
3. Ensure that all soil surfaces in wetland and wetland buffer strip areas are planted
with permitted vegetation and that there are no open soil surfaces that may result
City Code Section 11.51—Standards for the Protection of Wetlands
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in erosion.
4. Maintain the wetland and wetland buffer strip as a"no mow" area.
Subd. 9. Encroachment in Required Setback and Wetland Buffer Strip Areas.
A. Wetlands, wetland buffer strips and structure setback areas must be kept free of all
Structures. A maximum of ten percent (10%) of the Structure Setback area may be
occupied by any Structures. The acceptability of the proposed Structures within the
Structure Setback area shall be made by the Environmental Coordinator.
B. Wetlands and wetland buffer strips must not be mown except as pre-approved in writing
by the Environmental Coordinator for maintenance practices. The acceptability of the
proposed maintenance practices shall be made by the Environmental Coordinator.
C. Variances/Waivers
1. Only variances meeting the standards and criteria set forth in Section 11.76, Subd. 1
of this Code and waivers approved pursuant to Section 11.40, Subd. 8 of this Code
for a Planned Unit Development (PUD) process shall be granted. All variance
requests must be made to the Board of Adjustments and Appeals. All waiver
requests must be made to the Planning Commission and the City Council.
2. Variances or waivers shall not be granted which would circumvent the intent and
purposes of Section 11.51 of this Code.
Subd. 10. Surety Required.
If a Development Application includes wetland alteration, wetland or wetland buffer strip
landscaping or construction of a wetland buffer strip the Applicant must file with the
Environmental Coordinator prior to release of the final plat, or, if there is no plat approval
involved, prior to the first building permit for the entire subject property, a performance bond,
cash escrow or letter of credit with a corporation approved by the Environmental Coordinator, as
surety thereon, or other guarantee acceptable to the Environmental Coordinator and in an amount
determined by the Environmental Coordinator as set forth below ("Surety"). Surety
requirements for Development Applications for areas where the City is the LGU are set forth in
Section 11.51 Subd. 11 of this Code.
A. Amount - The amount shall be for no less than one and one-half(1 1/2) times the amount
estimated by the Environmental Coordinator as the cost of completing a Wetland Plan for
monument installation and replacement and restoration and/or correction of the wetland
and/or wetland buffer strip.
B. Schedule - The Surety for the Wetland Plan must cover two complete growing seasons
following completion of the development and full and final restoration of all corrective
actions identified in the Final Annual Report and is conditioned upon complete and
City Code Section 11.51—Standards for the Protection of Wetlands
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satisfactory implementation of the approved Wetland Plan or Vegetation Management
Plan and final inspection of the wetland and wetland buffer strip by the City.
C. Submissions — The Applicant shall provide one copy of a signed contract with an
environmental consultant to monitor construction activities and annual compliance and
certify final completion of the wetland, wetland buffer strip and wetland replacement
requirements to the Environmental Coordinator.
D. Form of Application — The Surety Environmental Coordinator shall be posted within 10
days of approval of the Development Application and prior to the commencement of the
Development or the preparations thereof.
Subd. 11 - Special Requirements for Wetland Conservation Act(WCA) Services.
The following provisions apply to areas for which the City of Eden Prairie is Local Government
Unit (LGU). All survey information must be provided in the Minnesota County Coordinate
System, Hennepin County North American Datum 1983 (NAD83) (1996) projection in U.S.
Survey feet. All vertical elevations shall be in North American Datum 1988 (NAVD88).
A. Wetland Evaluation / Wetland Determination Review — An Applicant submitting a
Development Application must provide a report documenting site conditions; wetland
delineation review procedures; a statement as to whether wetlands are present on site;
whether an exemption is requested; and whether the development proposal will result in a
loss of wetland. Reports must be prepared in accordance with paragraph B.
B. Wetland Delineation, Wetland Determination, Wetland Exemption and No Loss
Determination Review Application — The Applicant shall complete and file with the
Environmental Coordinator an Application for Review of Wetland Determinations in the
form required by the Environmental Coordinator. The Application, including the
following information, must be filed with the Environmental Coordinator a minimum of
one week prior to scheduling a field review by the Environmental Coordinator:
1. Wetland Delineation Report, Wetland Determination, Wetland Exemption or No
Loss Determination Report, one print copy and one electronic (PDF) version in
color (all maps in the PDF version need to be developed for an 11" x 17"
printable format with sufficient detail so all features are legible);
2. Wetland Buffer Strip Report, one print and one electronic copy (PDF) must be
submitted with the Wetland Delineation Report;
3. Scaled public land survey map of the wetland delineation and boundary, transect
locations and sample points;
4. Survey data in a format compatible with ArcView software;
5. A minimum of two wetland field data forms per wetland representing the wetland
City Code Section 11.51—Standards for the Protection of Wetlands
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parameters at two locations along with a data form documenting upland
conditions at each location;
6. Color copies of current and historical aerial photographs as required to define
current and historic wetland conditions or wetland boundaries and
7. Such other information as required by the Environmental Coordinator.
An Applicant may request an exemption or no-loss determination in accordance with Minnesota
Rules 8420.0315, 8420.0320, 8420.0410, 8420.0415 and 8420.0420.
C. Permit Application Requirements — Wetland Alteration, constructing boardwalks,
removing healthy native vegetation or otherwise altering or destroying any wetland or
wetland function, either wholly or partially, by any person requires submission of a
Combined Wetland Permit Application for review and approval by the City. Except for
those wetlands exempt under Minnesota Rule 8420.0420, any alteration to a wetland
must result in a zero net loss.
D. Wetland Replacement Plan Application — A Combined Wetland Permit Application for
Wetland Replacement shall be made in writing to the City. The Application shall set
forth the location and plan for the proposed project. The Applicant must provide one
printed and one electronic (PDF) version in color (all maps in PDF version need to be
developed for an 11" x 17" printable format with sufficient detail so all features are
legible). The Application must include:
1. The name and address of the person(s) applying for the permit (Applicant).
2. The name and address of the owner(s) of the land where the project will occur.
3. The name and address of the managing agents or consultants that are or may be
involved with the wetland alteration and/or replacement activities.
4. The estimated period of time within which the project will be conducted.
5. A topographic map of the proposed project area(s) to a minimum scale of one
inch equals 50 feet showing existing ground elevation contours at two-foot
intervals. The map shall show:
a. The size and location of the wetland in relation to the property boundaries,
including a scaled public land survey with the coordinates of the
approximate wetland center and sample locations.
b. The property and a minimum of 50 feet of land abutting the property, as it
existed prior to the proposed land alteration.
c. The proposed ground elevation contours at 2 foot intervals on the property
when the land alteration is completed.
City Code Section 11.51—Standards for the Protection of Wetlands
Page 19
d. Locations of any surface inlets or outlets draining into or out of the
wetlands.
e. Pre- and post-drainage areas for all existing and proposed wetlands.
f. Photographic reference points and proposed transect or sampling locations
for wetland replacement or wetland banking plans.
g. Survey data in a digital shapefile or comma delimited ASCII file format
compatible with ArcView software.
6. Wetland Type of all existing and proposed wetlands, including a comparison to
the Eggers and Reed"Wetland Plant Community Types" document.
7. Recent color aerial photograph of the proposed impact area.
8. Grading plan of the proposed project area(s) to a minimum scale of one inch
equals 50 feet prepared by a registered professional engineer that includes
appropriate drainage areas and drainage calculations, proposed two-foot contours
of the land when the project is complete and erosion control to be used during
construction. Construction details, including the proposed elevations and
contours, for any control structures must be included on the plans.
9. A list of dominant or abundant vegetation in each stratum, utilizing the "50/20
rule" in the proposed impacted/altered wetland areas, including scientific and
common names, and of vegetation exceeding 10% coverage and an estimated
percentage of coverage for each.
10. A soils map of the site showing soil type and substrate.
11. Landscaping or revegetation plan at the same scale as the topographic map.
12. Such other information as may be necessary to evaluate the proposed wetland
alteration and wetland replacement plans and to determine the amount and types
of wetland to be impacted.
13. Evidence of ownership or property rights to the affected area.
14. Such other information as required by Minnesota Rule 8420.0330 and the City.
E. Wetland Replacement Plan Approval - Wetland Replacement Plan Applications shall be
allowed subject to approval by the Environmental Coordinator. If the City determines
that a feasible and prudent alternative exists that would avoid or minimize impacts to the
wetland it shall deny the Application.
The City shall make its decision regarding the Wetland Replacement Plans in accordance
with Minnesota Statutes 15.99, Subd. 3.
Approval of the Application shall be valid for a period of no more than three years. If the
work has not begun within three years of the date of approval of the Application, the
City Code Section 11.51—Standards for the Protection of Wetlands
Page 20
approval shall be void.
Approval of an Application for Wetland Alteration and/or Wetland Replacement does not
exempt the Applicant from obtaining any and all other necessary permits for work within
a wetland and/or wetland buffer.
F. Wetland Replacement Annual Reports — Annual reports shall be prepared in accordance
with Minnesota Rules 8420.0810 and must include the following information:
1. Reference photographs taken within 4 weeks of completion of the grading and
within 4 weeks of completion of the landscaping.
2. A description of activities completed in the current year
3. A list of activities planned for the following year
4. As-built plans (for the first year only) to a minimum scale of one inch equals 50
feet showing existing ground elevation contours at two-foot intervals
5. A comparison of actual conditions with the as-built specifications and proposed
plans
6. Monthly hydrology measurements from April through October
7. A list of vegetation that have 10% coverage or more
8. A comparison of proposed versus actual Wetland Types within the wetland and
wetland replacement areas
9. Map of the plant communities within the wetland, wetland replacement and
wetland buffer areas included in the Wetland Replacement Plan. The map shall
be overlain on the topographic map provided for the Wetland Replacement Plan.
10. Monthly color photographs from the photographic reference points from April to
October.
11. All information required by Minnesota Rules 8420 for wetland replacement
reporting.
Wetland Replacement Annual Reports must be submitted by November 1 each
monitoring year. If the City does not receive either: 1) an annual monitoring report; or
2) notification that the report will be provided prior to December 31st by the November
1st deadline the City will charge the Applicant for cost incurred by the City, including
staff time, to collect the information needed to complete the Wetland Replacement
Annual Report. One print and one electronic (PDF) copy in color (all maps in PDF
version need to be developed for an 11" x 17" printable format with sufficient detail so
all features are legible) shall be submitted for review.
City Code Section 11.51—Standards for the Protection of Wetlands
Page 21
G. Fees—Submission of requests for wetland determinations, sequencing flexibility, wetland
delineation reviews, field or technical reviews of current or historic wetland and/or
wetland buffer conditions, or an application for a Wetland Replacement Plan shall be
accompanied by a non-refundable application fee and a cash deposit in such amounts as
determined by the City Council and fixed by Ordinance. The cash deposit, or a portion
thereof, will be refunded after completion of City review and approval of the submittal,
unless the total sum is greater than the administrative review cost. Costs may include,
but are not limited to:
1. Consultant fees assisting in City review, providing technical assistance or other
services required to meet WCA requirements.
2. City staff time expended in review, approval and processing of the Application or
other services required to meet WCA requirements.
3. Consultant fees or City staff time expended in coordinating and holding Technical
Evaluation Panel meetings.
4. Mailing, legal notices and other administrative costs.
5. Any other reasonable costs incurred by the City in review of the proposal.
Full payment of the fees and cash deposit must be made by the Applicant prior to
consideration of the Development Application. All costs incurred by the City greater
than the cash deposit balance will be billed to the permit holder.
H. Surety — The Surety required in Section 11.51, Subd. 10 shall include costs associated
with the City and WCA requirements for Wetland Alteration or Wetland Replacement
projects, including but not limited to construction, seeding, planting, monument
installation and annual monitoring. The Surety shall be retained by the City until the later
of(i) approval of the project as final by the Environmental Coordinator; or(ii)a minimum
period of 5 years. The Surety must include costs associated with re-grading or purchase
of off-site Wetland Replacement if on-site Wetland Replacement is unsuccessful. The
Surety shall be extended beyond the required monitoring period for up to an additional
five-year period if, in the written opinion of the Technical Evaluation Panel, the goal of
the replacement plan has not been achieved but may be achieved with more time. The
amount of security shall be 150% of the estimated cost to complete the scope of work
associated with the Wetland Plan and Wetland Replacement Plan.
Wetland construction or replacement must be conducted as required in Minnesota Rules
8420 and the Minnesota Wetland Restoration Guide (BWSR).
Subd. 12—Submissions,Decisions, and Appeals.
A. All applications, information, analyses and reports required pursuant to City Code
City Code Section 11.51—Standards for the Protection of Wetlands
Page 22
Section 11.51 shall be in the form required by the City and shall be submitted to the
Environmental Coordinator by the Applicant in conjunction with the submission of the
Development Application.
B. All applications, information, analyses and reports required pursuant to City Code
Section 11.51 shall be subject to review and approval by the Environmental Coordinator
in accordance with the procedures set forth in Minnesota Rules 8420.0255. All decisions
made by the Environmental Coordinator are final unless a timely appeal is filed with the
City Council.
C. All decisions made by the Environmental Coordinator may be appealed to the City
Council in accordance with Minnesota Rules 8420.0905. The appeal must be in writing,
must be accompanied by payment of all applicable fees, and must be filed with the City
Engineer within 30 days of the date the Notice of Decision is sent. The City Council
shall make a ruling on the appeal within 30 days of the date of the filing of the appeal
unless the City Council and the appellant mutually agree in writing to an extension.
D. A decision of the City Council may be appealed to the Minnesota Board of Water and
Soil Resources (BWSR)pursuant to Minnesota Rules 8420.0905.
E. An applicant proceeds at their own risk if they proceed prior to expiration of the 30-day
appeal window. If the decision is reversed or revised under appeal, the Applicant is
responsible for restoring and replacing all wetland impacts.
Subd. 13 —Enforcement and Remedy.
In addition to the remedy provided for in City Code Section 11.99, the provisions of City Code
Section 11.51 may be enforced in accordance with Minnesota Rule 8420.0900, or any other
remedy provided for in law or equity.
Source: Ordinance No 14-2014
Effective Date: 5-29-2014
Source: Ordinance No.9-2008
Effective Date: 3-27-2008
Prey. Source: Ordinance No. 6-2003
Effective Date: 4-10-2003
Prey. Source: Ordinance No. 6-2000
Effective Date: 2-10-2000
City Code Section 11.51—Standards for the Protection of Wetlands
Page 23
DRAFT
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY
CODE CHAPTER 11 BY AMENDING SECTION 11.51 RELATING TO WETLAND
PROTECTION; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS:
Section 1. City Code Chapter 11, Section 11.51 is hereby amended by deleting the Section in its
entirety and replacing it with the following:
SECTION 11.51. STANDARDS FOR THE PROTECTION OF WETLANDS
Subd. 1. Preamble.
This Code hereby incorporates by reference the Wetlands Conservation Act, Minnesota Statutes
103G.221 et seq. (herein after referred to as the WCA), and Minnesota Rules Chapter 8420. All
wetlands, as defined in subdivision 3 of this Section, including Public Waters and Public Waters
Wetlands governed by Minn. Stat. 103G.005 and those governed by the U.S. Army Corps of
Engineers, are covered by this Section. Standards outlined in this Section have precedence over
WCA in situations where this Section or other provisions of the City Code are more restrictive than
WCA. Each reference in this Section to statutes, codes, regulations or rules constitutes a reference to
the statute, code,regulation or rule as may be amended from time to time.
The following watershed districts are located in the City:
1. Lower Minnesota River
2. Nine Mile Creek
3. Riley Purgatory Bluff Creek
The City is the acting Local Government Unit (LGU) for the Lower Minnesota River and Riley
Purgatory Bluff Creek Watershed Districts for purposes of the WCA.
Subd. 2. Purpose.
Through the adoption and enforcement of this Section, the City shall promote the general health,
safety, and welfare of its residents by both conserving and protecting wetlands and requiring sound
management practices as provided for in the WCA when development occurs in the vicinity of
wetlands. The intent of this Section is to avoid alteration and destruction of wetlands. By
implementation of this Section,the City seeks to accomplish the following:
Draft City Code Section 11.51-Standards for Protection of Wetlands
Page 1
1. Balance the need to preserve and protect natural resources and systems with both the rights of
private property owners and the need to support the efficient use of developable land within the
City;
2. Promote water quality by maintaining the ability of wetlands to recharge ground water and
receive the discharge of ground water, to prevent soil erosion, and to retain sediment, nutrients
and toxicants in wetland buffer strip areas before it discharges into community wetlands, lakes
and streams, thus avoiding the contamination and eutrophication of these water features;
3. Reduce human disturbances to wetlands by providing a visual and physical transition from
surrounding yards; and
4. Provide wildlife habitat and thereby support the maintenance of diversity of both plant and
animal species within the City.
Subd.3.Definitions.
The following terms, as used in this Section, shall have the meanings stated. Terms not defined shall
have the meaning as stated in Section 11.02 of this Code:
A. "Applicant"—The person or entity submitting a Development Application to the City.
B. "City Engineer"—The City Engineer or his/her designee.
C. "City Wetland Map"—The City's Water Body Map as developed for the City's Local Water
Management Plan and as amended from time to time as wetland, lake and stormwater pond
conditions change or new information is collected. The City map adopted by this ordinance
shall be prima facie evidence of the location and classification of a wetland.
D. "Development Application" — "Development Application" includes but is not limited to an
application to the City for land development, site plan review, planned unit development,
rezoning, platting, land alteration, wetland alteration, wetland no-loss determination, wetland
exemption request, or wetland replacement.
E. "Environmental Coordinator"—The City's Environmental Coordinator or his/her designee.
F. "Joint Wetland Permit Application"—An application form provided by the Minnesota Board
of Water and Soil Resources (BWSR) for water and wetland projects affecting lakes, rivers,
streams or wetlands. The Joint Wetland Permit Application is a single form that is completed
and submitted to the Local Government Unit, BWSR, the Department of Natural Resources,
the Hennepin Conservation District, the U.S. Army Corps of Engineers and the applicable
watershed district for review and approval.
G. "Local Government Unit" or "LGU" —A city, town, or watershed management organization
as determined in Minnesota Rules 8420.0200.
H. "MnRAM" — The Minnesota Routine Assessment Methodology (MnRAM) for Evaluating
Wetland Function as developed by the Minnesota Board of Water and Soil Resources.
Draft City Code Section 11.51-Standards for Protection of Wetlands
Page 2
MnRAM is a field tool used to assess wetland functions on a qualitative basis, including
vegetative diversity and integrity; wildlife habitat structure; water quality; flood and
stormwater attenuation; hydrologic regime; downstream water quality; recreation, aesthetics,
educational and cultural resources; fish habitat; amphibian habitat; shoreline protection;
ground water interaction; and commercial uses.
I. "Native Vegetation" -As defined in Minnesota Rules 8420.0111.
J. "No-Loss Determination" — An application to the Local Government Unit to evaluate
whether the proposed work will result in a loss of wetland within the property under the
factors set forth in Minnesota Rules 8420.0415.
K. "Structure Setback" — The minimum horizontal distance between a structure and the nearest
edge of the wetland buffer strip.
L. "Sequencing Flexibility" — Flexibility in application of the sequencing steps set forth in
Minnesota Rules 8420.0520. A "Sequencing Flexibility Report" must be provided if
sequencing flexibility is requested to document that these conditions have been met and the
proposed action or alternative.
M. "Technical Evaluation Panel" or "TEP" — The technical evaluation panel established for and
coordinated by a LGU under Minnesota Rules 8420.0240 that assists the LGU in making
technical findings and provides recommendations for projects involving wetland alteration or
wetland impacts at the request of the LGU,the landowner, or a member of the TEP.
N. "Weeds" -As defined in City Code Section 9.71.
O. "Wetland" - Lands defined as wetlands, a wetland, the wetland, or wetland area in Minnesota
Rules 8420.0111.
P. "Wetland Alteration" — Changes to a wetland and/or wetland buffer strip in regards to size,
depth or contour; dredging; tilling; damming; alteration of the watercourse; ditching; tiling;
grading; draining; discharge of water; appropriation of water; changes in vegetation; or
otherwise altering or destroying a wetland or wetland buffer strip or their functions.
Q. "Wetland Buffer Strip" - An area of vegetated ground cover around the perimeter of a
wetland. A "Wetland Buffer Strip Evaluation Report" is a report summarizing the results of
an evaluation of the wetland and wetland buffer strip in relation to the requirements of
subdivision 11 of this Section.
R. "Wetland Delineation"—An assessment tool utilized to determine the boundary of a wetland
using the boundary determination requirements established in Minnesota Rules Chapter
8420, including any subsequent updates, supplements, and guidance provided by BWSR. A
"Wetland Delineation Report" is a document that summarizes the observations, results and
conclusions performed during the wetland delineation assessment when wetlands are present
on the property.
S. "Wetland Determination" — An assessment conducted utilizing the US Army Corps of
Engineers Wetland Delineation Manual (January 1987) to determine whether a wetland is
Draft City Code Section 11.51-Standards for Protection of Wetlands
Page 3
present within the property that may be impacted by a proposed project. A "Wetland
Determination Report" documents the conditions that lead to the conclusion that wetlands
may or may not be present on the property.
T. "Wetland Plan" — A summary of, and estimated cost for, all work items to be completed in
relation to any wetland alteration, monitoring, and/or wetland or wetland buffer strip
restoration, replacement, or construction. Work items include, but are not limited to, wetland
buffer strip monument purchase, replacement, and installation; weed control; landscaping
within the wetland or wetland buffer strip; wetland or wetland buffer strip restoration;
wetland and wetland buffer strip monitoring; wetland replacement monitoring; or any items
determined to be required or incomplete during the development application and review
process.
U. "Wetland Replacement" — Wetland habitat enhancement; wetland creation; restoration of
wetland habitat or functions; wetland construction; wetland replacement; wetland banking;
wetland buffer habitat creation; or wetland enhancement to replace lost or impacted wetlands
or wetland function. A"Wetland Replacement Plan" summarizes the Wetland Alteration and
the method by which the Wetland Alteration and/or loss of wetland function will be replaced
as required in Minnesota Rules 8420.
V. "Wetlands, Exceptional Quality" - Wetlands that have an exceptional vegetative diversity and
integrity function based on the results of MnRAM. Reference wetlands established in the
City's Comprehensive Wetland Protection and Management Plan or Local Water
Management Plan are included in this category.
W. "Wetlands, High Quality" - Wetlands that have a high vegetative diversity and integrity
function, based on the results of MnRAM, and are still generally in their natural state.
Wetlands created for Wetland Replacement are also included in this category.
X. "Wetlands, Moderate Quality" - Wetlands that have a moderate vegetative diversity and
integrity function based on the results of MnRAM.
Y. "Wetlands, Low Quality" - Wetlands that have a low vegetative diversity and integrity
functions based on the results of MnRAM, and have been substantially altered by activities
such as agricultural or urban development.
Z. "Wetland Type" — The wetland type for each water regime or wetland replacement ratio
determined in accordance with Minnesota Rules Chapter 8420. Each wetland type, which
represents at least 10% of the vegetated wetland, including submergent vegetation, must be
classified.
AA. "Wildlife Habitat" - Plant communities that support wildlife in a natural, undomesticated
state.
BB. "Yard" — That portion of a lot not occupied by a structure. Yard does not include any
wetlands or wetland buffer strips on the lot.
Draft City Code Section 11.51-Standards for Protection of Wetlands
Page 4
Subd.4. General Standards.
The following standards apply to all lands that contain and/or abut a wetland or a wetland buffer
strip:
A. Wetlands shall be subject to the requirements established herein, as well as restrictions and
requirements established by other applicable federal, state, and city ordinances and
regulations. Nothing herein shall be construed to allow anything otherwise prohibited in the
zoning district in which the wetland is located. This Section establishes four wetland
classifications as defined in subdivision 3: exceptional quality, high quality, moderate
quality, and low quality.
B. The presence or absence of a wetland on the City Wetland Map does not represent a
definitive determination as to whether a wetland covered by this Section is or is not present.
Wetlands that are identified during site-specific delineation activities but do not appear on the
City Wetland Map are still subject to the provisions of this Section.
C. Structures intended to provide access to or across a wetland or a wetland buffer strip shall be
prohibited unless a permit is obtained from the City and is in conformance with applicable
state statutes, rules, and regulations.
D. Activities including, but not limited to, wetland alteration, digging, building, paving,
mowing, cutting, dumping, yard waste disposal, fertilizer application, placing of debris,
planting of non-native vegetation, and removal of vegetation are prohibited in wetland areas.
E. Native vegetation plantings, removal of weeds or removal of invasive non-native vegetation
requires approval of a Vegetation Management Plan on a form provided by the City.
Subd. 5. General Development Application Requirements.
The following provisions apply to all properties for which a development application has been
submitted to the City:
A. Requirements for wetland identification, delineation, replacement, reporting, no-loss
determinations, and financial assurance within areas in which the City is the acting LGU
shall be in accordance with the requirements outlined in subdivision 14 of this Section.
B. Wetlands, wetland buffer strips and wetland replacement areas impacted by land alteration
shall be seeded and/or planted in accordance with subdivision 11 of this Section within sixty
(60) days of completion of the land alteration. All sodding, seeding or planting must be
completed prior to removal of any erosion control measures. If land alteration is completed
after the end of the growing season, erosion control measures shall be left in place and all
disturbed areas shall be mulched to protect these areas over the winter or during the non-
growing season.
C. Where wetland replacement or a wetland buffer strip is required, the applicant shall complete
the following steps before the City releases the final plat or, if there is no plat approval
involved,before the City issues the first building permit for the entire subject property:
Draft City Code Section 11.51-Standards for Protection of Wetlands
Page 5
1. Submit to the City Engineer and receive the City Engineer's approval of a
conservation easement for protection of the wetland and approved wetland buffer
strip. The conservation easement must describe the boundaries of the wetland and
wetland buffer strips; describe monuments and monument locations; and prohibit any
structures, paving, mowing, introduction of non-native vegetation, cutting, filling,
dumping, yard waste disposal, fertilizer application or removal of the wetland buffer
strip monuments within the wetland buffer strip or wetland.
2. Submit evidence to the City Engineer that the approved conservation easement
document has been recorded in the office of the Hennepin County Recorder or
Registrar of Titles, as appropriate, along with a duplicate original of the recorded
document.
3. Submit to the City Engineer and receive City Engineer's approval of a declaration of
covenants and restrictions for any wetland replacement in accordance with Minnesota
Rules Chapter 8420.
4. Submit evidence to the City Engineer that the approved declaration of covenants and
restrictions for any wetland replacement has been recorded in the office of the
Hennepin County Recorder or Registrar of Titles, as appropriate.
D. Stormwater shall not be discharged directly into any natural water bodies such as wetlands,
lakes or creeks without the use of pre-treatment methods, such as pre-settlement, infiltration,
or filtration. The pre-treatment methods must be approved in writing by the Environmental
Coordinator prior to the discharge of any stormwater.
E. The applicant shall follow the Minnesota Pollution Control Agency's Urban Best
Management Practices to avoid erosion and sedimentation during site grading and/or
construction. In addition, the applicant shall follow the regulations set forth in City Code
Section 11.55 and the watershed district requirements for the area in which the project is
located.
Subd. 6. Identification,Evaluation and Delineation Requirements
A. Wetland Determination. The applicant shall provide all information required by the City to
determine whether a wetland exists on a subject property or within the structure setback from
a wetland on an adjacent property. The applicant may submit a request to the Environmental
Coordinator with the development application to waive the wetland determination
requirement. The Environmental Coordinator shall make a decision on the request in his or
her sole discretion. Unless the wetland determination requirement has been waived by the
Environmental Coordinator, the following report(s) shall be provided to the City based on
site conditions:
1. No Wetland Determination. If no wetlands are present, the applicant must document
site conditions in a Wetland Determination Report that includes evaluation of
topography, vegetation, hydrology and soil conditions. If the no wetland
determination is approved by the City,no additional documentation is required.
2. Wetland Delineation. If a wetland(s) is present, the applicant must delineate and
Draft City Code Section 11.51-Standards for Protection of Wetlands
Page 6
document the boundary of the wetland(s) and the wetland type(s) in a Wetland
Delineation Report in accordance with City requirements and Minnesota Rules 8420
and must include information necessary for the City to determine the wetland
boundary and wetland type, including wetland delineation field data sheets, survey of
the wetland evaluation area, soil analysis data, color copies of current and historical
aerial photography, vegetation data, hydrology information both within and outside
of the proposed wetland boundary, and such other information required by the
Environmental Coordinator.
B. No-Loss Determination. If the applicant is requesting a no-loss determination, the proof
necessary to support this request must be provided with the development application.
C. Wetland Buffer Strip Evaluation. If a wetland(s) is present, the wetland buffer strip
conditions must be documented in a Wetland Buffer Strip Evaluation Report and provided
with the Wetland Delineation Report in accordance with subdivision 11 of this Section.
D. Wetland Quality. If a wetland(s) is present, a determination of the function and value of the
wetland(s) using the most recent version of MnRAM or other approved assessment
methodology under Minnesota Rules Chapter 8420 shall be completed by the applicant and
submitted to the Environmental Coordinator with the Wetland Delineation Report.
E. Non-Growing Season Application Submittals. Wetland Delineation Reports, Wetland
Determination Reports and MnRAM assessments conducted or completed outside of the
growing season will not be accepted for final review and approval by the City until the
following growing season. Determination of non-growing season conditions will be in
accordance with the "Guidance for Submittal of Delineation Reports to the St. Paul District
Corps of Engineers (COE) and Wetland Conservation Act Local Units of Government in the
State of Minnesota" dated March 4, 2015, unless the vegetation cataloging or hydrology
conditions are, in the judgment of the Environmental Coordinator,unreliable.
Approvals may be granted for wetland delineation, Wetland Delineation Reports, Wetland
Determination Reports and MnRAM assessments conducted during the growing season but
submitted during the non-growing season, if the Environmental Coordinator determines there
is sufficient information in the report and visible in the field at the time of the field
verification to assess the three wetland parameters (hydrophytic vegetation, hydric soils and
hydrology) in relation to placement of the wetland delineation line. If proper assessment of
the delineation is not possible during the non-growing season, the City will consider the
development application incomplete until such time that appropriate field verification is
possible. If a MnRAM assessment is not conducted during the growing season or if it is
determined to be incomplete,the wetland quality will be assumed as high quality.
Preliminary approval for a wetland determination, wetland delineation, MnRAM, or no-loss
determination may be requested during the non-growing season. A request for preliminary
approval must be submitted with the development application. Preliminary approvals must
be verified by the City during the growing season before any work on the project may
commence. The applicant bears all risk that the City may require revisions to the
development application due to the fact that the preliminary approval review occurred during
the non-growing season.
Draft City Code Section 11.51-Standards for Protection of Wetlands
Page 7
F. Off-Site Wetland Delineation Method. An applicant shall not be required to field delineate
wetlands on adjacent property. However, an applicant shall complete a review of off-site
conditions in accordance with the publication "Guidance for Off-Site Hydrology/Wetland
Determinations" from the U.S. Army Corps of Engineers (USACOE) and BWSR dated July
1, 2016. The off-site delineation must also include review of available information, including
but not limited to the City Wetland Map, County Soil Survey Map, U.S. Fish and Wildlife
Service National Wetland Inventory Maps, and visual information such as the presence of
wetland vegetation and hydrologic evidence on an adjacent property which can be viewed
from the subject property, to estimate the wetland boundary and wetland type.
G. Water Body Identification. Prior to submission of the Wetland Determination Report or
Wetland Delineation Report, the applicant shall contact the Environmental Coordinator to
obtain a wetland or water body identification number and any information regarding the
documented wetland, including any existing MnRAM information, for inclusion with
documentation provided to the City.
The applicant shall also contact the Environmental Coordinator to obtain a water body
identification number for any existing or proposed stormwater pond, stormwater infiltration
areas, or wetland replacement areas within the project area.
H. Wetland Determination Disputes. If the applicant disputes whether a wetland exists or its
classification, the applicant has the burden to supply detailed information to the
Environmental Coordinator supporting the applicant's position. This information shall
include, but is not limited to, historical aerial photography and topographic, hydrologic,
floristic, and/or soil data deemed necessary by the City or LGU under the WCA to determine
the jurisdictional status of the wetland, its exact boundary, and its classification.
I. Wetland Delineation, Wetland Determination, No-Loss Determination, and Wetland Buffer
Strip Evaluation Reports and Wetland Replacement Plans shall be prepared by a qualified
wetland delineator. A qualified wetland delineator shall either be certified in accordance
with the certification requirements that are established by the U.S. Army Corps of Engineers
and/or BWSR or, in the absence of such certification, as determined to be qualified by the
Environmental Coordinator
J. Wetland Delineation, Wetland Determination, No-Loss Determination and Wetland Buffer
Strip Evaluation Reports shall be valid for three (3) years from the date of the field
delineation for these reports unless the Environmental Coordinator determines that the report
is no longer valid on a sooner date due to changes in site conditions such as in hydrology,
soils or vegetation.
Subd. 7. Wetland Alteration and Replacement Requirements
For development applications involving wetland alteration, the applicant shall comply with the
wetland replacement procedures and criteria outlined Minnesota Rules Chapter 8420 and provide the
following items to the Environmental Coordinator:
A. Sequencing Analysis. Written documentation that the sequencing steps set forth in
Minnesota Rule 8420.0520 have been met shall be provided with the development
application. In following these steps, the applicant must first demonstrate that alternatives to
Draft City Code Section 11.51-Standards for Protection of Wetlands
Page 8
avoid and minimize wetland impacts have been evaluated. A minimum of three alternative
plans must be evaluated, one of which must be a"no-impact" alternative.
B. Wetland Replacement Analysis. Unavoidable impacts to wetlands must be restored or
replaced on-site unless the alternatives are not reasonably or practically available from an
engineering standpoint or if the only feasible and prudent sites available have greater
ecosystem function and public value than the proposed wetland and the proposed wetland
would be located in an area that is to be preserved by a conservation easement or other such
instrument. Wetland restoration or expansion of existing or historic wetlands is preferred
rather than creation of new wetlands or other methods of wetland replacement.
If impacts cannot be restored or replaced on-site, the applicant must evaluate alternate sites in
accordance with the replacement siting and ratio requirements under Minnesota Rules
8420.0522 unless minimum replacement requirements or ratio requirements established by
the applicable watershed district or USACOE are greater than the WCA requirements.
C. Sequencing Flexibility. The applicant may request sequencing flexibility after all alternatives
have been considered in accordance with Minnesota Rules 8420.0520 and subdivision 7 of
this Section. The City, in its discretion, may allow sequencing flexibility after consideration
of the factors listed in Minnesota Rules 8420.0520.
D. Conceptual Wetland Replacement Plans. The applicant shall submit a conceptual Wetland
Replacement Plan to the Environmental Coordinator with the development application for
any proposed impacts that require replacement under WCA or USACOE regulatory
programs. The Applicant shall contact the Environmental Coordinator to obtain a water body
identification number for use in the Wetland Replacement Plan for any replacement wetlands
constructed within the City.
E. Final Wetland Replacement Plans. The applicant shall submit a final Wetland Replacement
Plan to the Environmental Coordinator for review and approval by the Environmental
Coordinator prior to submission of the development plans to the City Council for review and
approval or, if development plans are not submitted to the City Council,prior to issuance of a
building permit for the property, unless otherwise approved in writing by the Environmental
Coordinator.
Subd. 9. Reporting Requirements
For development applications with wetlands or wetland buffers present or projects involving Wetland
Alterations,the following are required:
A. An Annual Wetland and Wetland Buffer Strip Evaluation Report("Annual Buffer Report") is
required if a wetland or any wetland buffer required by this Section is located on the subject
property. The Annual Buffer Report shall include items such as an evaluation of the
conditions of the wetland(s) and wetland buffer strip(s), the results of any monitoring
conducted onsite, the integrity of the monuments installed and a plan for resolving any
insufficiencies including any information the Environmental Coordinator specifically
requests. If an Annual Buffer Report is required, the landowner or the developer shall submit
an executed contract with a qualified wetland consultant, as approved by the Environmental
Coordinator, who will prepare the Annual Buffer Report prior to release of the final plat for
Draft City Code Section 11.51-Standards for Protection of Wetlands
Page 9
any portion of the subject property, or if there is no plat,prior to issuance of a building permit
for the property. The Annual Buffer Report shall provide both an action plan and proposed
cost for correction of all problems identified.
The first Annual Buffer Report shall be submitted no later than November 1 of the calendar
year in which construction, preparation, grading, seeding, planting and/or monumentation of
the wetland(s) and/or wetland buffer strip(s) is completed. Thereafter, the report shall be
submitted by November 1 of each year until two full growing seasons following completion
of the development have passed, at which point a Final Annual Buffer Report shall be
submitted. The Final Annual Buffer Report shall evaluate the wetland(s) and/or wetland
buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s) remain in
compliance with all City requirements.
If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports
or the Final Annual Buffer Report, the developer shall correct the area(s) identified within
ninety(90) days of submission of the Report, or by June 15 of the following year if submitted
during the non-growing season. Documentation that all work has been completed shall be
provided to the Environmental Coordinator.
B. Wetland Replacement Monitoring Reports are due by December 1 of each year until the
wetland replacement is determined to be complete by the LGU with advice from the
Technical Evaluation Panel. The Wetland Replacement Monitoring Report shall document
that the standards outlined in Minnesota Rules Chapter 8420.0522 and subdivision 14 of this
Section have been met.
C. All reports submitted for review shall be provided in electronic (PDF) format in color. All
maps in PDF version shall be developed for an 11" x17" printable format with sufficient
detail that all features are legible.
Subd. 8. Wetland Buffer Strip and Setback Requirements.
A. For a lot of record or a development application approved by the City Council after February
1, 2000, the applicant shall maintain a wetland buffer strip around the perimeter of all
wetlands, including those constructed as part of a Wetland Replacement Plan. The structure
setback and wetland buffer strip provisions of this Section shall not apply to a lot of record as
of February 1, 2000, although the City strongly encourages the use of a wetland buffer strip
and setback on all lots in the City. In addition, any property located in the Lower Minnesota
River, Nine Mile Creek or Riley Purgatory Bluff Creek Watershed Districts shall comply
with any buffer and setback requirements imposed by the districts.
B. Wetland buffer strips and structure setbacks shall apply regardless of whether or not the
wetland is on the same parcel for which the development application has been submitted. For
parcels on which the wetland is on an adjacent parcel, the wetland buffer strip and structure
setback requirements for the subject parcel shall be reduced by the distance between the
property line of the parcel and the wetland on the adjacent parcel. This provision in no way
reduces or eliminates any other setbacks required by the City Code or any other law or
regulation.
Draft City Code Section 11.51-Standards for Protection of Wetlands
Page 10
C. The applicant shall establish and maintain wetland and wetland buffer strip vegetation in
accordance with the requirements of subdivision 11 of this Section. Wetland buffer strips
shall be identified within each lot by permanent monumentation approved by the
Environmental Coordinator in accordance with subdivision 10 of this Section.
D. Non-native or invasive vegetation, such as European buckthorn, purple loosestrife and reed
canary grass, or dead or diseased trees that pose a hazard may be removed from a wetland
buffer strip provided that a Vegetation Management Plan is submitted to the Environmental
Coordinator on a form provided by the City for review and written approval. The Vegetation
Management Plan shall comply with the wetland and wetland buffer strip standards found in
subdivision 11 of this Section or as required by the Environmental Coordinator.
E. All structures, including retaining walls, roadways and trails, shall meet the structure setback
and wetland buffer strip standards established in Table 1 below. The use of a meandering
wetland buffer strip to maintain a natural appearance shall be incorporated where feasible.
F. Filling a wetland to create a wetland buffer strip is prohibited.
G. Trails that are intended to serve an interpretive function, as determined by the Environmental
Coordinator, are exempted from the wetland buffer and structure setback requirement.
H. An existing structure, driveway or parking area shall be considered a non-conforming use if a
later WCA delineation shows that the wetland is closer to the structure than the required
wetland buffer or structure setback.
Table 1 -Wetland Buffer Strips and Structure Setbacks
Exceptional High Moderate Low _
Wetland Buffer Strip Minimum Width 40' 30' 20' 10'
Wetland Buffer Strip Minimum Average Width 60' 60' 40' 20'
Structure Setback(from Wetland Buffer Strip) 25' 25' 15' 15'
Total Minimum Average 85' 85' 55' 35'
Subd. 10. Monumentation.
A monument is required at each lot line where it crosses a wetland buffer strip and shall have a
maximum spacing of 200 feet along the edge of the wetland buffer strip. Additional monuments
shall be placed as necessary to accurately define the edge of the wetland buffer strip. If no wetland
buffer strip is required,monuments shall be placed at the wetland boundary.
The monument shall consist of a post and a wetland buffer strip sign. The post shall be a 1.12 to 2.0
pounds per foot (1.12 pounds per foot is preferred) green steel channel post or other material pre-
approved in writing by the Environmental Coordinator. The post shall be a minimum of 2.25 inches
wide and 6 feet 6 inches long (2.25" x 6.5'). The sign shall have a minimum size of 3 inches by 8
inches (3" x 8"). The sign shall be mounted flush with the top of the post and shall include the
statements "Conservation Easement: No Mowing Allowed" and "Wetland and buffers filter
pollutants, reduce flooding and provide habitat" or other statement approved in writing by the
Environmental Coordinator. The post shall be mounted to a height of four feet above grade and set at
Draft City Code Section 11.51-Standards for Protection of Wetlands
Page 11
least 2.5 feet in the ground.
Monuments may be waived in unusual circumstances where the Environmental Coordinator
determines that such signs would not serve a practical purpose.
Subd. 11. Vegetation Performance Standards.
A. Where acceptable native, non-invasive vegetation exists in wetland, wetland replacement and
wetland buffer strip areas, the retention of such vegetation in an undisturbed state is required
unless an applicant receives written approval from the Environmental Coordinator or any
other agency which may regulate the removal or replacement of such vegetation. A wetland
and/or wetland buffer strip has acceptable natural vegetation if it:
1. Has a continuous, dense layer of perennial grasses that have been uncultivated or
unbroken for at least 5 consecutive years, or
2. Has an overstory of trees and/or shrubs with at least 80 percent canopy closure that
have been uncultivated or unbroken for at least 5 consecutive years, or
3. Contains a mixture of the plant communities described in (1) and (2) above that have
been uncultivated or unbroken for at least 5 consecutive years.
B. Notwithstanding the performance standards set forth above, the Environmental Coordinator
may determine existing wetland and/or wetland buffer strip vegetation to be unacceptable if
the wetland and/or wetland buffer:
1. Is composed of weeds (including, but not limited to common buckthorn, purple
loosestrife, leafy spurge and/or noxious weeds as defined by Minnesota Statutes
Sections 18.76-18.88), or
2. Has topography that tends to channelize the flow of surface runoff, or
3. For some other reason is unlikely to retain nutrients and sediment.
C. Areas with unacceptable vegetation shall be re-graded, re-seeded and/or re-planted as needed
and maintained in accordance with this subdivision 11. The wetland, wetland replacement
and wetland buffer strip planting requirements must be included in the Wetland Delineation
Report, Wetland Buffer Strip Evaluation Report or Wetland Replacement Plan Monitoring
Report. Wetland, wetland alteration, wetland replacement and wetland buffer strip
landscaping shall be according to the following standards:
1. Wetland buffer strips shall be planted with a diverse native, non-invasive seed mix
appropriate for the specific site conditions that contains 100 percent perennial native
vegetation. A one-time planting of an annual nurse or cover crop such as oats or rye
may be included.
2. Seed mix used shall be a BWSR-approved seed mix appropriate for the area requiring
reseeding or other alternative pre-approved in writing by the Environmental
Coordinator. The seeding rate shall be at the rate recommended by the BWSR seed
Draft City Code Section 11.51-Standards for Protection of Wetlands
Page 12
mix criteria or other pre-approved alternative.
3. Native shrubs may be substituted for the native seed mix where appropriate. All
substitutions must be pre-approved in writing by the Environmental Coordinator.
Such shrubs may be bare root seedlings and shall be planted at a minimum rate of 60
plants per acre. Shrubs shall be distributed so as to provide a natural appearance and
shall not be planted in rows.
4. Any groundcover or shrub plantings installed within the wetland or wetland buffer
strip are independent of landscaping required elsewhere by the City Code.
5. Native prairie grasses and forbs shall be seeded or planted by a qualified contractor in
accordance with "Native Vegetation Establishment and Enhancement Guidelines"
(published June 2016 by BWSR) or other alternate method pre-approved by the
Environmental Coordinator. Determination of the contractor's qualifications shall be
made by the Environmental Coordinator. It is the responsibility of the applicant to
have the contractor and method used approved by the Environmental Coordinator
prior to planting or seeding.
6. No fertilizer shall be used in establishing new wetland buffer strips, except when
deemed necessary to establish acceptable wetland and/or wetland buffer strip
vegetation and then limited to amounts indicated by an accredited soil testing
laboratory. Determination of proper accreditation shall be made by the
Environmental Coordinator.
7. All seeded areas shall be mulched immediately with clean straw at a rate of 1.5 tons
per acre. Mulch shall be anchored with a disk or tackifier.
8. Wetland, wetland replacement and wetland buffer strip areas (both natural and
created), shall be protected by erosion control during construction in accordance with
City Code Section 11.55.
9. The erosion control shall remain in place until the cover crop is established.
D. The applicant shall establish and maintain the wetland and wetland buffer strip vegetation in
accordance with the requirements of this Section, both during development and for two full
growing seasons after completion of the development. During this time, the applicant shall
replant or reseed any wetland and/or wetland buffer strip vegetation that does not survive.
E. After the second full growing season following completion of the development, if the
condition of the wetland and/or wetland buffer strip diminishes, the applicant shall not be
required to reestablish the wetland and/or wetland buffer strip to meet the standards
contained in this subdivision 11. However, wetlands created for wetland replacement must
be monitored and maintained by the applicant until the wetland is reviewed and approved by
the LGU in accordance with the requirements established by subdivision 14 of this Section
and Minnesota Rules Chapter 8420.
After such times, the owner of the property on which the wetland and/or wetland buffer strip
is located shall be responsible for the maintenance of the wetland,wetland alteration,wetland
Draft City Code Section 11.51-Standards for Protection of Wetlands
Page 13
replacement and/or wetland buffer strip areas and shall:
1. Maintain and repair damage to wetland and/or wetland buffer strip areas from
activities such as mowing, cutting, grading or other prohibited activities unless
approved by the City in writing as a Vegetation Management Plan.
2. Maintain only vegetation permitted in the Vegetation Management Plan or as found
in this subdivision 11 in the wetland and wetland buffer strip, including the removal
of all weeds,unless allowed otherwise in writing by the Environmental Coordinator.
3. Ensure that all soil surfaces in wetland and wetland buffer strip areas are planted with
permitted vegetation and that there are no open soil surfaces that may result in
erosion.
4. Maintain the wetland and wetland buffer strip as a"no mow" area.
Subd. 12. Encroachment in Required Setback and Wetland Buffer Strip Areas.
A. Wetlands and wetland buffer strips shall be kept free of all structures.
B. A maximum of ten percent (10%) of the structure setback area may be occupied by any
structures.
C. Wetlands and wetland buffer strips shall not be mowed, chemically treated or otherwise
altered except as approved by the Environmental Coordinator after submission of a
Vegetation Management Plan.
D. Variances and Waivers
1. Only variances meeting the standards and criteria set forth in Section 11.76 of this
Code and waivers approved pursuant to Section 11.40 of this Code for a Planned Unit
Development (PUD) process shall be granted. All variance requests must be made to
the Board of Adjustments and Appeals. All waiver requests must be made to the
Planning Commission and the City Council.
2. Variances or waivers shall not be granted which would violate state law or rule or
circumvent the intent and purposes of this Section or Minnesota Rules 8420.
Subd. 13. Financial Assurance Required.
If a development application includes wetland alteration,wetland or wetland buffer strip landscaping,
or construction of a wetland buffer strip, the applicant shall file with the Environmental Coordinator
prior to release of the final plat, or, if there is no plat approval involved, prior to the first building
permit issued for the entire subject property, a performance bond, cash escrow, or letter of credit with
a corporation approved by the Environmental Coordinator, as surety thereon, or other guarantee
acceptable to the Environmental Coordinator and in an amount determined by the Environmental
Coordinator as set forth below ("Financial Assurance"). Financial Assurance requirements for
Development Applications for areas where the City is the LGU are set forth in subdivision 14 of this
Section.
Draft City Code Section 11.51-Standards for Protection of Wetlands
Page 14
A. Amount - The amount of the Financial Assurance shall be for no less than one and one-half
(1 %2) times the amount estimated by the Environmental Coordinator as the cost of
completing a wetland plan for monument installation and replacement and restoration and/or
correction of the wetland and/or wetland buffer strip.
B. Schedule - The Financial Assurance for the wetland plan must cover two complete growing
seasons following completion of the development and full and final restoration of all
corrective actions identified in the Final Annual Report and shall be conditioned upon
complete and satisfactory implementation of the approved Wetland Plan or Vegetation
Management Plan and final inspection and approval of the wetland and wetland buffer strip
by the City.
C. Submissions — With the Financial Assurance, the applicant shall provide to the
Environmental Coordinator a copy of a signed contract with an environmental consultant to
monitor construction activities and annual compliance and certify final completion of the
wetland,wetland buffer strip and wetland replacement requirements.
D. Form of Application—The Financial Assurance shall be posted within 10 days of approval of
the development application and prior to the commencement of the work or the preparations
thereof.
Subd. 14 - Special Requirements for Wetland Conservation Act (WCA) Services.
The following provisions apply to areas for which the City is the LGU for WCA. All survey
information shall be provided in the Minnesota County Coordinate System, Hennepin County North
American Datum 1983 (NAD83) (1996) projection in U.S. Survey feet. All vertical elevations shall
be in North American Datum 1988 (NAVD88).
A. Wetland Evaluation / Wetland Determination Review. Applications for WCA review must
include a report documenting site conditions; wetland delineation and/or determination
review procedures; a statement as to whether wetlands are present on site; a statement as to
whether an exemption is requested; and whether work is proposed which will result in a loss
or alteration of wetland. Reports must be prepared in accordance with the following
paragraph B.
B. Wetland Delineation, Wetland Determination, Wetland Exemption and No-Loss
Determination Review Application. The applicant shall complete and file with the
Environmental Coordinator an "Application for Review of Wetland Determinations" in the
form required by the Environmental Coordinator ("Review Application"). The Review
Application, including the following information, must be filed with the Environmental
Coordinator a minimum of one week prior to scheduling a field review by the Environmental
Coordinator:
1. One print copy and one electronic (PDF) version in color of the Wetland Delineation
Report, Wetland Determination Report, Wetland Exemption Report, and/or No-Loss
Determination Report. All maps in the PDF version shall be developed for an 11" x
17" printable format with sufficient detail so all features are legible;
Draft City Code Section 11.51-Standards for Protection of Wetlands
Page 15
2. Scaled public land survey map of the wetland delineation and boundary, transect
locations and sample points;
3. Survey data in a format compatible with ArcView software;
4. A minimum of two wetland field data forms per wetland representing the wetland
parameters at two locations along with a data form documenting upland conditions at
each location;
5. Such other information as required by the Environmental Coordinator or Minnesota
Rules 8420.
An applicant may request an exemption or no-loss determination in accordance with the
provisions of Minnesota Rules 8420.
C. Wetland Alteration Application Requirements. Wetland Alteration, including constructing
boardwalks, removing healthy native vegetation or otherwise altering or destroying any
wetland or wetland function, either wholly or partially,by any person, requires submission of
a Joint Wetland Permit Application in addition to the Review Application for review and
approval by the City. Except for those wetlands exempt under Minnesota Rule 8420.0420,
any alteration to a wetland must result in a zero net loss.
D. Wetland Replacement Plan Application — The Joint Wetland Permit Application and the
Review Application (together, the "Wetland Replacement Plan Application") shall be made
in writing to the City. The Wetland Replacement Plan Application shall set forth the location
and plan for the proposed project. The applicant must provide one printed and one electronic
(PDF)version in color(all maps in PDF version shall be developed for an 11" x 17" printable
format with sufficient detail so all features are legible). The Wetland Replacement Plan
Application, including the following information, shall be filed with the Environmental
Coordinator a minimum of two weeks prior to scheduling a Technical Evaluation Panel
review with the Environmental Coordinator. The Wetland Replacement Plan Application
must include:
1. The name and address of the owner(s) of the land where the project will occur.
2. The estimated period of time within which the project will be conducted.
3. A topographic map of the proposed project area(s) to a minimum scale of one inch
equals 50 feet showing existing ground elevation contours at two-foot intervals. The
map shall show:
a. The size and location of the wetland in relation to the property boundaries,
including a scaled public land survey with the coordinates of the approximate
wetland center and sample locations.
b. The property and a minimum of 50 feet of land abutting the property, as it
existed prior to the proposed land alteration.
c. The proposed ground elevation contours at 2 foot intervals on the property
when the land alteration is completed.
d. Locations of any surface inlets or outlets draining into or out of the wetlands.
Draft City Code Section 11.51-Standards for Protection of Wetlands
Page 16
e. Pre- and post-drainage areas for all existing and proposed wetlands.
f. Photographic reference points and proposed transect or sampling locations for
wetland replacement or wetland banking plans.
g. Survey data in a digital shapefile or comma delimited ASCII file format
compatible with ArcView software.
4. The wetland type of all existing and proposed wetlands, including a comparison to
the Eggers and Reed"Wetland Plant Community Types" document.
5. Recent color aerial photograph of the proposed impact area.
6. Grading plan of the proposed project area(s) to a minimum scale of one inch equals
50 feet prepared by a registered professional engineer that includes appropriate
drainage areas and drainage calculations, proposed two-foot contours of the land
when the project is complete and erosion control to be used during construction.
Construction details, including the proposed elevations and contours, for any control
structures must be included on the plans.
7. Landscaping or revegetation plan at the same scale as the topographic map.
8. Such other information as may be necessary to evaluate the proposed wetland
alteration and wetland replacement plans and to determine the amount and types of
wetland to be impacted.
9. Such other information as required by the City or by Minnesota Rules 8420 for
application procedures.
E. Wetland Replacement Plan Approval. Wetland Replacement Plan Applications shall be
subject to the approval by the Environmental Coordinator. If the Environmental Coordinator
determines that a feasible and prudent alternative exists that would avoid or minimize
impacts to the wetland, he or she shall deny the Wetland Replacement Plan Application.
The Environmental Coordinator shall make his or her decision regarding the Wetland
Replacement Plan Application in accordance with Minnesota Statutes 15.99, Subd. 3.
Approval of the Wetland Replacement Plan Application shall be valid for a period of no
more than three years. If the work has not begun within three years of the date of approval of
the Application, the approval shall be void.
Approval of an application for wetland alteration and/or wetland replacement does not
exempt the applicant from obtaining any and all other necessary permits for work within a
wetland and/or wetland buffer.
F. Wetland Replacement Annual Reports. Annual reports shall be prepared in accordance with
Minnesota Rules 8420.0810 and shall include the following information:
1. Reference photographs taken within 4 weeks of completion of the grading and within
4 weeks of completion of the landscaping;
Draft City Code Section 11.51-Standards for Protection of Wetlands
Page 17
2. A description of activities completed in the current year;
3. A list of activities planned for the following year;
4. As-built plans (for the first year only) to a minimum scale of one inch equals 50 feet
showing existing ground elevation contours at two-foot intervals;
5. A comparison of actual conditions with the as-built specifications and proposed
plans;
6. Monthly hydrology measurements from April through October;
7. A list of vegetation that have 10%coverage or more;
8. A comparison of proposed versus actual wetland types within the wetland and
wetland replacement areas;
9. Map of the plant communities within the wetland, wetland replacement and wetland
buffer areas included in the Wetland Replacement Plan. The map shall be overlain
on the topographic map provided for the Wetland Replacement Plan;
10. Monthly color photographs from the photographic reference points from April to
October; and
11. All information required by Minnesota Rules 8420 for wetland replacement
reporting.
If the City does not receive either: 1) an annual monitoring report; or 2) notification that the
report will be provided prior to December 31 of each monitoring year, the City will charge
the applicant for costs incurred by the City, including staff time, to collect the information
needed to complete the Wetland Replacement Annual Report.
G. Fees. Submission of requests for wetland determinations, sequencing flexibility, wetland
delineation reviews, no-loss determinations, field or technical reviews of current or historic
wetland and/or wetland buffer conditions, or an application for a Wetland Replacement Plan
shall be accompanied by a non-refundable application fee and a cash deposit in such amounts
as determined by the City Council and fixed by ordinance. The cash deposit, or a portion
thereof, will be refunded after completion of City review and approval of the submittal,
unless the total sum is greater than the administrative review cost. Costs may include,but are
not limited to:
1. Consultant fees assisting in City review, providing technical assistance or other
services required to meet WCA requirements;
2. City staff time expended in review, approval and processing of the request or
application or other services required to meet WCA requirements;
3. Consultant fees or City staff time expended in coordinating and holding Technical
Evaluation Panel meetings;
Draft City Code Section 11.51-Standards for Protection of Wetlands
Page 18
4. Mailings, legal notices, and other administrative costs; and
5. Any other reasonable costs incurred by the City in review of the proposal.
Full payment of the fees and cash deposit must be made by the applicant prior to
consideration of the request. All costs incurred by the City greater than the cash deposit
balance will be billed to the applicant.
H. Financial Assurance. The amount of the Financial Assurance required in subdivision 13 of
this Section shall include costs associated with City and WCA requirements for wetland
alteration or wetland replacement projects, including but not limited to construction, seeding,
planting, monument installation and annual monitoring. The Financial Assurance shall be
retained by the City until either (i) approval of the project as final by the Environmental
Coordinator; or (ii) a minimum period of 5 years. The Financial Assurance must include
costs associated with re-grading or purchase of off-site wetland replacement if on-site
wetland replacement is unsuccessful. The Financial Assurance shall be extended beyond the
required monitoring period for up to an additional five-year period if, in the written opinion
of the Technical Evaluation Panel, the goal of the replacement plan has not been achieved but
maybe achieved with more time. The amount of security shall be 150% of the estimated cost
to complete the scope of work associated with the Wetland Plan and/or Wetland Replacement
Plan.
I. Wetland construction or replacement must be conducted as required in Minnesota Rules 8420
and the Minnesota Wetland Restoration Guide issued by BWSR.
Subd. 15—Submissions,Decisions, and Appeals.
A. All applications, information, analyses and reports required by this Section shall be in the
form required by the City and shall be submitted to the Environmental Coordinator by the
applicant in conjunction with the submission of the development application.
B. All applications, information, analyses and reports required by this Section shall be subject to
review and approval by the Environmental Coordinator in accordance with the procedures set
forth in Minnesota Rules 8420.0255. Applicants shall be notified of the decision of the
Environmental Coordinator in writing, which shall be mailed to the address listed on the
Application for Review of Wetland Determinations. All decisions made by the
Environmental Coordinator are final unless a timely appeal is filed with the City Council.
C. All decisions made by the Environmental Coordinator may be appealed to the City Council in
accordance with Minnesota Rules 8420.0905. The appeal must be in writing, must be
accompanied by payment of all applicable fees, and must be filed with the City Engineer
within 30 days of the date the written notice of the decision is sent. The City Council shall
make a ruling on the appeal within 30 days of the date of the filing of the appeal unless the
City Council and the appellant mutually agree in writing to an extension.
D. A decision of the City Council may be appealed to BWSR pursuant to Minnesota Rules
8420.0905.
Draft City Code Section 11.51-Standards for Protection of Wetlands
Page 19
E. An applicant proceeds at its own risk if it proceeds with work that has not been approved
while an appeal is pending. If the decision is granted or revised on appeal, the applicant is
responsible for restoring and replacing all wetland impacts inconsistent with the final
decision.
Subd. 16—Enforcement and Remedy.
In addition to the remedy provided for in City Code Section 11.99,the provisions of this Section may
be enforced in accordance with Minnesota Rule 8420.0900, or any other remedy provided for in law
or equity.
Draft City Code Section 11.51-Standards for Protection of Wetlands
Page 20
PROJECT PROFILE - APRIL 24, 2017
PLANNING COMMISSION - APRIL 24, 2017
1. CODE AMENDMENT RELATED TO WETLANDS 2017-07 (LESLIE)
Public Hearing amending City Code, Chapter 11,regarding the Standards for the Protection of Wetlands
Contact: Leslie Stovring, 952-949-8327
Application Info Planning Commission City Council
Date Submitted 03/31/17 Notice to Paper Date 04/06/17 Notice to Paper Date 00/00/17
Date Complete N/A Resident Notice Date N/A Resident Notice Date N/A
120 Day Deadline N/A Meeting Date 04/24/17 lst Meeting Date 00/00/17
Initial DRC review N/A 2nd Meeting Date
2. VARIANCE #2017-01 by City of Eden Prairie (STEVE)
Proposal is for the location of a park seating facility at the water's edge greater than 250 square feet.
Location: 9100 Riley Lake Road,Eden Prairie,Minnesota
Contact: Matt Bourne 952-949-8535
Variance Request for:
• To permit a facility adjacent to Riley Lake greater than 250 square feet. City Code
maximum is 250 square feet.
Application Info Planning Commission City Council
Date Submitted 04/04/17 Notice to Paper Date 04/06/17 Notice to Paper Date N/A
Date Complete 00/00/17 Resident Notice Date 04/07/17 Resident Notice Date N/A
120 Day Deadline 08-02-17 Meeting Date 04/24/17 1st Meeting Date N/A
Initial DRC review 04/06/17 2nd Meeting Date N/A
CITY COUNCIL PUBLIC HEARING - MAY 2, 2017
1
PLANNING COMMISSION - MAY 8, 2017
1. HUELER PROPERTY (2017-03)by Greg and Kelli Hueler/Pemtom Land Co. (BETH)
Proposal for 3 lot single family subdivision on 4.46 acres
Location: 12300 Riverview Rd.
Contact: Dan Blake—952-937-0716
Request for:
• Preliminary Plat of one lot into 3 lots on 4.46 acres.
Application Info Planning Commission City Council
Date Submitted 01/20/17 Notice to Paper Date 04/20/17 Notice to Paper Date 00/00/17
Date Complete 03/06/17 Resident Notice Date 04/21/17 Resident Notice Date 00/00/17
120 Day Deadline 08/03/17 Meeting Date 05/08/17 1st Meeting Date 00/00/17
Initial DRC review 01/12/17 2nd Meeting Date 00/00/17
CONSERVATION COMMISSION - MAY 9, 2017
HERITAGE PRESERVATION COMMISSION - MAY 15, 2017
MEETING CANCELLED
CITY COUNCIL CONSENT - MAY 16, 2017
1. KOPESKY 2ND ADDITION (2016-19)by HTPO (ANGIE)
Proposal for an 8 lot single family subdivision
Location: 18340 82nd St W.
Contact: Charles Howley—952-829-0700
Request for:
• Planned Unit Development Concept Review with waivers on 4.14 acres
• Planned Unit Development District Review with waivers on 4.14 acres
• Zoning District Change from Rural to R1-13.5 on 4.14 acres
• Preliminary Plat of one lot into 8 lots on 4.14 acres
Application Info Planning Commission City Council _
Date Submitted 10/28/16 Notice to Paper Date 02/23/17 Notice to Paper Date 03/30/17
Date Complete 02/17/17 Resident Notice Date 02/24/17 Resident Notice Date 03/31/17
120 Day Deadline 06/17/17 Meeting Date 03/13/17 1st Meeting Date 04/18/17
Initial DRC review 11/03/16 2nd Meeting Date 00/00/17
PLANNING COMMISSION - MAY 22, 2017
2
IN BUT NOT SCHEDULED
1. ASSEMBLY OF GOD CHURCH (2017-06)by Station 19 Architects. (ANGIE)
Proposal for a 14,794 square foot addition and a 7,000 square foot remodel on 10.06 acres
Location: 16591 Duck Lake Trail
Contact: Dan Torgerson—612-623-1800
Request for:
• Planned Unit Development Amendment on 10.06 acres
• Site Plan Review on 10.06 acres
Application Info Planning Commission City Council
Date Submitted 01/17/17 Notice to Paper Date 00/00/17 Notice to Paper Date 00/00/17
Date Complete 03/17/17 Resident Notice Date 00/00/17 Resident Notice Date 00/00/17
120 Day Deadline 07/15/17 Meeting Date 00/00/17 1st Meeting Date 00/00/17
Initial DRC review 03/29/17 2nd Meeting Date 00/00/17
2. ELEVATE (2017-08)by Timberland Partners. (JULIE)
Proposal for a 6 story, 222 unit apartment building with mixed use on first floor on 3.119 acres
Location: 12900 Technology Dr
Contact: Bob Fransen—952-893-1216
Request for:
• Guide Plan Change from C-Reg-Ser to TOD on 3.119 acres
• Planned Unit Development District Review with waivers on 3.119 acres
• Planned Unit Development Concept Review on 3.119 acres
• Zoning District Change from C-Reg-Ser to TOD on 3.119 acres
• Site Plan Review on 3.119 acres
• Preliminary Plat of two lots into one lot on 3.119 acres
Application Info Planning Commission City Council
Date Submitted 04/07/17 Notice to Paper Date 00/00/17 Notice to Paper Date 00/00/17
Date Complete 00/00/17 Resident Notice Date 00/00/17 Resident Notice Date 00/00/17
120 Day Deadline 00/00/17 Meeting Date 00/00/17 1st Meeting Date 00/00/17
Initial DRC review 00/00/17 2nd Meeting Date 00/00/17
3
3. CODE AMENDMENT RELATED TO DAYCARE 2017-09 (STEVE)
Public Hearing amending City Code, Chapter 11,to address daycares
Contact: Steve Durham, 952-949-8491
Application Info _ Planning Commission _City Council _
Date Submitted 04/14/17 Notice to Paper Date 00/00/17 Notice to Paper Date 00/00/17
Date Complete N/A Resident Notice Date N/A Resident Notice Date N/A
120 Day Deadline N/A Meeting Date 00/00/17 1st Meeting Date 00/00/17
Initial DRC review N/A 2nd Meeting Date
4. CODE AMENDMENT RELATED TO COMMUNITY CENTERS 2017-10 (STEVE)
Public Hearing amending City Code, Chapter 11,to address Community Centers
Contact: Steve Durham, 952-949-8491
Application Info Planning Commission City Council
Date Submitted 04/14/17 Notice to Paper Date 00/0017 Notice to Paper Date 00/00/17
Date Complete N/A Resident Notice Date N/A Resident Notice Date N/A
120 Day Deadline N/A Meeting Date 00/00/17 1st Meeting Date 00/00/17
Initial DRC review N/A 2nd Meeting Date
5. SOUTHWEST STATION PUD AMENDMENT (2015-23) by SW Metro Transit Commission
(JULIE)
Proposal for additional parking structure at southwest station
Contact: Julie Klima, 952-949-8489
Request for:
• Planned Unit Development District Review with waivers on 11.38 acres
• Zoning District Amendment within the Commercial Regional Service Zoning District on
11.38 acres
• Site Plan Review on 11.38 acres
Application Info Planning Commission City Council
Date Submitted 00/00/15 Notice to Paper Date 11/19/15 Notice to Paper Date 12/17/15
Date Complete 00/00/15 Resident Notice Date 11/20/15 Resident Notice Date 12/18/15
120 Day Deadline 00/00/15 Meeting Date 12/07/15 1st Meeting Date 01/05/16
Initial DRC review 00/00/15 2nd Meeting Date
APPROVED VARIANCES
TELECOMMUNICATION PROJECTS
4