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HomeMy WebLinkAbout2019-01-23 ENR PacketAGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION Council Chambers 1830 County Road B East Wednesday, January 23, 2019 7:00 p.m. Council Chambers - Maplewood City Hall 1830 County Road B East 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes: a. December 17, 2018 5. New Business a. Election of Chair and Vice-Chair b. 1603 Mary Street North – Wetland Buffer Variance for an Addition to a Single Family Home c. 2659 Geranium Avenue East – Lot Division, Reduced Front Yard Setback Authorization, and Wetland Buffer Variance for a New Single Family Home d. ENR Commission Rules of Procedure 6. Unfinished Business 7. Visitor Presentations 8. Commissioner Presentations 9. Staff Presentations a. February 25, 2019, City Council Meeting – ENR Commission Annual Report b. Rescheduled February ENR Commission Meeting – Tuesday, February 26, 2019 c. ENR Commission 2019 Goal Setting Session – Tuesday, February 26, 2019, 5:45 p.m. to 6:45 p.m. (prior to the Commission meeting) d. Maplewood Nature Center Programs 10. Adjourn December 17, 2018 Environmental and Natural Resources Commission Meeting Minutes 1 MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Monday, December 17, 2018 Council Chambers, City Hall 1830 County Road B East 1.CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was called to order at 7:00 p.m. by Acting Chairperson Redmond. 2.ROLL CALL Keith Buttleman, Commissioner Present Mollie Miller, Commissioner Absent Candace Okeson, Commissioner Present Ann Palzer, Commissioner Present Ted Redmond, Vice Chair Present Ryan Ries, Chairperson Absent Tom Sinn, Commissioner Absent Staff Present Shann Finwall, Environmental Planner Ginny Gaynor, Natural Resources Coordinator 3.APPROVAL OF AGENDA Commissioner Palzer moved to approve the agenda as submitted. Seconded by Commissioner Okeson . Ayes – All The motion passed. 4.APPROVAL OF MINUTES Commissioner Palzer moved to approve the November 19, 2018, Environmental and Natural Resources Commission meeting minutes as submitted. Seconded by Commissioner Okeson. Ayes – All The motion passed. 5.NEW BUSINESS a.Emerald Ash Borer Update i.Natural Resources Coordinator, Ginny Gaynor gave the report on the Emerald Ash Borer Update and answered questions of the Commission. ii.Environmental Planner, Shann Finwall answered questions of the Commission. No action was required. Agenda Item 4.a. December 17, 2018 Environmental and Natural Resources Commission Meeting Minutes 2 b. Tree Canopy Study i. Environmental Planner, Shann Finwall introduced this item and turned the presentation over to Ted Redmond. ii. Pale Blue Dot representative, and Acting Chairperson Ted Redmond gave the presentation on the Tree Survey and Carbon Sequestration Study and answered questions of the Commission. iii. Natural Resources Coordinator, Ginny Gaynor talked about the tree rebate program. No action was required. Staff thanked Ted Redmond for the great visual report and in depth information. c. 2018 Environmental and Natural Resources Commission Annual Report i. Environmental Planner, Shann Finwall discussed the 2018 Environmental and Natural Resources Commission Annual Report with the Commission. Commission members requested some modifications to the report. Environmental Planner Finwall stated the changes would be made. The report will be included in the Community Development Department’s annual report which will be highlighted during the annual State of the City event in January. The report will also be brought to the City Council in early 2019 for approval. 6. UNFINISHED BUSINESS a. Renewable Energy Ordinance i. Environmental Planner, Shann Finwall gave the update on the Renewable Energy Ordinance. The Commission discussed final revisions to the community solar garden portion of the ordinance. It was recommended that community solar gardens under one acre be considered a permitted accessory use. Over one acres as an accessory use or principal use would require a conditional use permit and design review board approval for screening. The Commission recommended that the CUP and CDRB fees be reduced for community solar gardens. Commissioner Buttleman moved to approve the Renewable Energy Ordinance with staff changes. Seconded by Commissioner Okeson. Ayes – All The motion passed. Staff will make the final changes and create a schedule for moving forward with the ordinance amendment with the Planning Commission and City Council in 2019. 7. VISITOR PRESENTATIONS None present. 8. COMMISSION PRESENTATIONS None. 9. STAFF PRESENTATIONS December 17, 2018 Environmental and Natural Resources Commission Meeting Minutes 3 a. Maplewood Nature Center Programs i. The Commission read the upcoming Nature Center Programs. For more information contact the Maplewood Nature Center at (651) 249-2170. 10. ADJOURNMENT Acting Chairperson Redmond adjourned the meeting at 8:45 p.m. ENVIRONMENTAL & NATURAL RESOURCES COMMISSION STAFF REPORT Meeting Date January 23, 2019 REPORT TO: Environmental and Natural Resources Commission REPORT FROM: Shann Finwall, AICP, Environmental Planner PRESENTER: Shann Finwall, AICP, Environmental Planner AGENDA ITEM: Election of Chair and Vice Chair Action Requested:  Motion ☐Discussion ☐ Public Hearing Form of Action: ☐Resolution ☐ Ordinance ☐Contract/Agreement ☐ Proclamation Policy Issue: The Environmental and Natural Resources Commission ordinance requires that the Commission elect a Chair and Vice-Chair to run the meetings each year. Recommended Action: Nominate a Chair and Vice-Chair for 2019. Motion to approve the Chair and Vice-Chair nominations. Fiscal Impact: Is There a Fiscal Impact?  No ☐ Yes, the true or estimated cost is $0.00 Financing source(s): ☐ Adopted Budget ☐ Budget Modification ☐ New Revenue Source ☐Use of Reserves ☐ Other: n/a Strategic Plan Relevance: ☐Financial Sustainability ☐Integrated Communication ☐Targeted Redevelopment Operational Effectiveness ☐Community Inclusiveness ☐Infrastructure & Asset Mgmt. The Environmental and Natural Resources Commission ordinance outlines the duties of the Chair and Chairperson as follows: The Chairperson is responsible for calling and presiding at meetings and shall have an equal vote with other members of the Commission. If the Chairperson is not at the meeting, the Vice-Chairperson shall assume the duties of the Chairperson for that meeting. Background In 2018 the ENR Commission elected Commissioner Ries to act as Chair and Commissioner Redmond to act as Vice-Chair. Attachments None Attachment 5.a. ENVIRONMENTAL & NATURAL RESOURCES COMMISSION STAFF REPORT Meeting Date January 23, 2019 REPORT TO: Environmental and Natural Resources Commission REPORT FROM: Shann Finwall, AICP, Environmental Planner PRESENTER: Shann Finwall, AICP, Environmental Planner AGENDA ITEM: 1603 Mary Street North – Wetland Buffer Variance for an Addition to a Single Family Home Action Requested:  Motion ☐Discussion ☐ Public Hearing Form of Action: Resolution ☐ Ordinance ☐Contract/Agreement ☐ Proclamation Policy Issue: Ann Rivard, owner of 1603 Mary Street North, is proposing to construct a four season porch addition on the back side of her home. The addition will come within 32 feet of a Manage B wetland. City code requires a 75 foot wetland buffer adjacent a Manage B wetland. The addition will require a 43-foot wetland buffer variance. Recommended Action: Motion to approve the attached resolution approving the wetland buffer variance and buffer mitigation strategies for an addition to the single family home at 1603 Mary Street North. Fiscal Impact: Is There a Fiscal Impact?  No ☐ Yes, the true or estimated cost is $0.00 Financing source(s): ☐ Adopted Budget ☐ Budget Modification ☐ New Revenue Source ☐Use of Reserves ☐ Other: n/a Strategic Plan Relevance: ☐Financial Sustainability ☐Integrated Communication ☐Targeted Redevelopment Operational Effectiveness ☐Community Inclusiveness ☐Infrastructure & Asset Mgmt. The application for the variance was considered complete on January 2, 2019. State law requires that the City decide on the variance within 60 days, or if that timeline cannot be met the City must extend the application in writing for an additional 60 days. The 60-day deadline for City Council action is February 26, 2019. Background The applicant’s home at 1603 Mary Street was constructed in 1988. The home is located 50 feet from a Manage B wetland which is located in the back yard, on the west side of the lot. The back yard consists of mowed grass with a 20-foot wide rock bed adjacent the wetland. The City’s Agenda Item 5.b. 1 wetland ordinance requires a 75 foot buffer around a Manage B wetland. That buffer could be reduced to 50 feet in some areas if the overall buffer maintains an average of 75 feet. No mowing, cutting, grading, or building is allowed within the buffer. The property is considered a pre-existing nonconforming lot since there is no wetland buffer being maintained adjacent the wetland at this time. Four Season Porch Addition The four season porch addition will be 16 feet deep by 14 feet wide (252 square feet in area). The existing home is located within 50 feet of the Manage B wetland. The addition will encroach further into the back yard, and be located within 32 feet of the wetland. The addition will require a 43-foot wetland buffer variance. Nonconforming Single Family Home Additions The City’s wetland ordinance allows additions to pre-existing nonconforming single family homes if the addition does not encroach closer to the wetland than the existing home. In this case the applicant could feasibly construct an addition behind the attached garage without encroaching closer to the wetland. Due to the floor plan of the house, however, an addition in that location would not be practical. State Law State law requires that variances shall only be permitted when they are found to be: 1. In harmony with the general purposes and intent of the official control; 2. Consistent with the comprehensive plan; 3. When there are practical difficulties in complying with the official control. “Practical difficulties” means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. The plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance, if granted, will not alter the essential character of the locality. The applicant states in her narrative attached that she would like to construct a four season porch in order to use her pre-existing non-conforming property in a reasonable manner. City staff finds that the construction of an addition to the back of the home will allow the homeowner to create a more livable space and will not alter the character of the neighborhood. Wetland Buffer Variance Procedure Before the City Council acts on a wetland buffer variance the Environmental and Natural Resources Commission and the Planning Commission will make a recommendation on the variance and wetland buffer mitigation strategies. The city shall hold a public hearing for the variance with the Planning Commission. The city shall notify property owners within 500 feet of the property for which the variance is being requested at least ten days before the hearing. The city may require the applicant mitigate the wetland buffer alteration impacts with the approval of a variance, including, but not limited to, implementing one or more of the strategies listed in the mitigation strategies outlined below. 2 Wetland Buffer Mitigation Strategies The City’s wetland ordinance states the City may require an applicant to mitigate impacts to a wetland when approving a variance. Mitigation can include: 1. Reducing or avoiding the impact by limiting the degree or amount of the action, such as by using appropriate technology. 2. Rectifying the impact by repairing, rehabilitating, or restoring the buffer. 3. Reducing or eliminating the impact over time by prevention and maintenance operations during the life of the actions. 4. Compensating for the impact by replacing, enhancing, or providing substitute buffer land at a two-to-one ratio. 5. Monitoring the impact and taking appropriate corrective measures. 6. Where the city requires restoration or replacement of a buffer, the owner or contractor shall replant the buffer with native vegetation. A restoration plan must be approved by the City before planting. 7. Any additional conditions required by the applicable watershed district and/or the soil and water conservation district shall apply. 8. A wetland or buffer mitigation surety, such as a cash deposit or letter of credit, of 150 percent of estimated cost for mitigation. The surety will be required based on the size of the project as deemed necessary by the administrator. Funds will be held by the city until successful completion of restoration as determined by the city after a final inspection. Wetland or buffer mitigation surety does not include other sureties required pursuant to any other provision of city ordinance or city directive. Department Comments Senior Engineering Technician, John DuCharme: There is a 55’ drainage and utility easement that covers the west side of the lot (see Drainage and Utility Easement attached). The back of the house is about 35 feet from the east line of the easement and about 90 feet from the east right-of- way line. The construction of the addition will not have an impact on the easement. Assistant City Engineer, Jon Jarosch: For reference, a raingarden designed to capture and treat runoff from the proposed 252 square foot addition would need to be 30 cubic feet in size (approximately 5 wide x 6 feet long x 1 foot deep). Natural Resource Coordinator, Ginny Gaynor: Improvements to the wetland buffer will help mitigate the encroachments into the wetland buffer by the addition. Following are suggested wetland buffer mitigation strategies: 1. Minimum 252 square foot in area, at least 5 feet in width, wetland buffer restoration of native vegetation (i.e., 10 feet wide x 25 feet long or 5 feet wide by 50 feet long). 2. Wetland buffer restoration must be located directly behind the addition in one of two areas: 3 a. Along the east edge of the rock bed, within the mowed grass area. b. With the rock bed, removing the rock and planting native vegetation in their place. 3. Wetland buffer restoration must be planted with Minnesota native plants (not seed) in a mulch bed. Plants should be prairie flowers and grasses. Or, alternatively, the applicant can plant native shrubs in a mulch bed. However, the size of the planting shall be doubled to 504 square feet in area if native shrubs are used. 4. The applicant must submit a planting plan, preferably prepared by a person with native plant experience. Building Official, Jason Brash: All construction shall be built per 2012 IRC, 2012 IMC, 2012 IFGC, 2014 NEC, 2012 Minnesota State Plumbing Code, and 2015 Minnesota Building Code. Recommended Mitigation Strategies City staff discussed two wetland buffer mitigation strategies to minimize the impacts of the addition to the wetland including a raingarden and a buffer of native plants near the wetland. Since the back yard consists of mowed grass and a rock bed, staff determined that planting a buffer of native plants near the wetland would allow stormwater runoff from the entire site to filter into the buffer prior to entering the wetland. Following are the proposed mitigation strategies: 1. Planting plan for the restoration of the wetland buffer. The plan should be prepared by a person with native plant experience and include: a. Minimum 252 square foot in area, at least 5 feet in width, wetland buffer restoration of native vegetation (i.e., 10 feet wide x 25 feet long or 5 feet wide by 50 feet long). b. Wetland buffer restoration must be located directly behind the addition in one of two areas: 1) Along the east edge of the rock bed, within the mowed grass area. 2) With the rock bed, removing the rock and planting native vegetation in their place. c. Wetland buffer restoration must be planted with Minnesota native plants (not seed) in a mulch bed. Plants should be prairie flowers and grasses. Or, alternatively, the applicant can plant native shrubs in a mulch bed. However, the size of the planting shall be doubled to 504 square feet in area if native shrubs are used. 2. A cash escrow or letter of credit to cover 150 percent of estimated cost of the wetland buffer mitigation. Prior to release of the wetland buffer mitigation surety, the wetland buffer native plantings must be established. Reference Information Site Description Site size: 14,400 square feet, .33 acres 4 Existing land use: Single Family Home Surrounding Land Uses North: Single Family Homes South: Single Family Homes West: Vacant Lot, Manage B Wetland East: Single Family Homes across Mary Street North Planning Land Use Plan: Single Family Residential Zoning: Single Family Residential Attachments 1. Narrative 2. Location Map 3. Site Plan 4. Drainage and Utility Easements 5. Example Elevations 6. Variance Resolution 5 Attachment 1 1603 Mary StreetCity of MaplewoodJanuary 14, 2019Legend!IWetlandsManage AManage BManage CParcel Points0210FeetSource: City of Maplewood, Ramsey County1603 Mary Street Attachment 2 Attachment 3 CERT/F%CA.TE OF SURVEY CARL W. PETERSON 8 ASSOC. INC. 7475 15th SirNf Noh - SuJN 100 Ooldal , Minnaofa 33119 612 ) 73S -7606 SURVEY IAADE FOR PROPERTY OESCRIPTION cAVEs R'EL,iNiNARY SUBJECT TO REVISION i MONTGOMERY MOMES, 1397 GENEVA AVE. NO., SUITE 202, OAKOALE, NN. 35119 Lol 13 , Block 2, CAVES JUHEK PARK, occordinQ fo tA plat Ihrot on file and of record in tAe 0lfice of tA County Recorder, Romcey County, Minnsoto. JUNEK 4 8 M 8 0 N OI°.09'24" vii, i i MARY O` i !`r g 13 80.00 N0. NOTE- Sid lot lin fAaf inlrucf currd dnf linp on ro0lol linn, unNu nof0. Q DfNOTES 1/2 INCM IRON PIPE YOMUYENT SET, YARKEO WITM A PLASTIC CAP INSCRIBEO FREEYAN RLS 16989". DENOTES IRON MONUNENT FOUND 1/2 INCM IRON MONUMEN7 MARKED WITH A PLASTIC CAP /NSCRIBED "RLS N0. 10947 BEARING ORIENTATION IS BAS£D OM ASSUNED DA7UM. i MOTl+ O///e/ PARK S 8i. iii' o M z- ° STREET g M i a ltA1NAGE i UTILITY EqSEM6NT 3 M 80 T z o I DRAINA6E tWD UTIL7Y qH E 1 hrby cnlily fhaf Ihis suvey, plon or repo n ros prpard Dy m oi undr my dfrcl uprvision and /Aal 1 am o duly Rpiqr•a LonO Survyor undr f laws o/ fM s, , p E`L",7'I' NA R Y SUBJECT. TO ZVICIfY'A1 T/MOTHY J. iREEMAN Dor• Yinnoto RLS 16988 ie//i n ii/q NdI. MO O Vi 0 z r _ Attachment 4 Attachment 5 VARIANCE RESOLUTION WHEREAS, Ann Rivard applied for a variance from the wetland ordinance. WHEREAS, this variance applies to the property located at 1603 Mary Street North, Map lewood, MN. The property identification number is 24-29-22-21-0073. The legal description is Lot 13, Block 2, Caves Junek Park. WHEREAS, Section 12-310 of the City’s ordinances (Wetlands and Streams) requires a 75 foot wetland buffer adjacent to a Manage B wetland. WHEREAS, the applicant is proposing to construct a 252 square foot four season porch addition on the west side of her house. The addition will come within 32 feet of the Manage B wetland, requiring a 43-foot wetland buffer variance. WHEREAS, the history of this variance is as follows: 1.On January 23, 2019, the Environmental and Natural Resources Commission reviewed the wetland buffer variance and mitigation strategies and recommended _____________ of the wetland buffer variance to the City Council. 2.On _______________, 2019, the Planning Commission held a public hearing to review this proposal. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended _______________ of the wetland buffer variance to the City Council. 3.The City Council held a public meeting on ___________, 2019 to review this proposal. The City Council considered the report and recommendations of the city staff, the Planning Commission, and the Environmental and Natural Resources Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approved the above- described variance based on the following reasons: 1.Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the wetland buffer requirement stipulated by the ordinance would prohibit the construction of an addition to the back of the house. The addition will not alter the character of the neighborhood, will help create a more livable home, and allow the applicant a reasonable use of her pre-existing nonconforming property. 2.Approval of the wetland buffer variance will include mitigation strategies to reduce the impacts to the wetland. This includes the planting of native plants along the edge of the wetland. 3.Approval would meet the spirit and intent of the ordinance with the construction of a four season porch addition on a lot that is zoned residential and designated residential in the City’s comprehensive plan. Attachment 6 Approval of the wetland buffer variance shall be subject to the following: 1.Prior to issuance of a building permit for the four season porch addition at 1603 Mary Street North the applicant must submit: a.Planting plan for the restoration of the wetland buffer. The plan should be prepared by a person with native plant experience and include: 1)Minimum 252 square foot in area, at least 5 feet in width, wetland buffer restoration of native vegetation (i.e., 10 feet wide x 25 feet long or 5 feet wide by 50 feet long). 2)Wetland buffer restoration must be located directly behind the addition in one of two areas: a)Along the east edge of the rock bed, within the mowed grass area. b)With the rock bed, removing the rock and planting native vegetation in their place. 3)Wetland buffer restoration must be planted with Minnesota native plants (not seed) in a mulch bed. Plants should be prairie flowers and grasses. Or, alternatively, the applicant can plant native shrubs in a mulch bed. However, the size of the planting shall be doubled to 504 square feet in area if native shrubs are used. b.A cash escrow or letter of credit to cover 150 percent of estimated cost of the wetland buffer mitigation. Prior to release of the wetland buffer mitigation surety, the wetland buffer native plantings must be established. Attachment 6 ENVIRONMENTAL & NATURAL RESOURCES COMMISSION STAFF REPORT Meeting Date January 23, 2019 REPORT TO: Environmental and Natural Resources Commission REPORT FROM: Shann Finwall, AICP, Environmental Planner PRESENTER: Shann Finwall, AICP, Environmental Planner AGENDA ITEM: 2657 Geranium Avenue – Lot Division, Reduced Front Yard Setback Authorization, Wetland Buffer Variance for a New Single Family Home Action Requested:  Motion ☐ Discussion ☐ Public Hearing Form of Action:  Resolution ☐ Ordinance ☐ Contract/Agreement ☐ Proclamation Policy Issue: Ben Thone of Thone Builders is proposing to subdivide the lot at 2657 Geranium Avenue into three lots. Parcel A will contain the existing single family home, and Parcels B and C will be developed with new single family homes. There is a Manage C wetland located on the northeast corner of the lot. City Code requires a 50 foot buffer be maintained around a Manage C wetland. No mowing, cutting, grading, or building is allowed within the buffer. The new single family home on Parcel C will be constructed 10 feet closer to the road than City code allows. Grading for that home will come to within 30 feet of the Manage C wetland. Development of 2657 Geranium Avenue as proposed requires a lot division, reduced front yard setback authorization, and a 20-foot wetland buffer variance. Recommended Action: Motion to approve the attached resolution approving the wetland buffer variance and buffer mitigation strategies for a new single family home on Parcel C of the subdivided 2657 Geranium Avenue property. The lot division, reduced front yard setback authorization, and wetland buffer variance will be reviewed by the Planning Commission on February 19, 2019. Fiscal Impact: Is There a Fiscal Impact?  No ☐ Yes, the true or estimated cost is $0.00 Financing source(s): ☐ Adopted Budget ☐ Budget Modification ☐ New Revenue Source ☐ Use of Reserves ☐ Other: n/a Strategic Plan Relevance: ☐ Financial Sustainability ☐ Integrated Communication ☐ Targeted Redevelopment  Operational Effectiveness ☐ Community Inclusiveness ☐ Infrastructure & Asset Mgmt. The applications for the lot division, reduced front yard setback authorization, and variance were considered complete on January 4, 2019. State law requires that the City decide on the variance 1 Agenda Item 5.c. within 60 days, or if that timeline cannot be met the City must extend the application in writing for an additional 60 days. The 60-day deadline for City Council action is March 5, 2019. Background Ben Thone purchased the property at 2657 Geranium Avenue last year in hopes of subdividing it into three parcels, one lot for the existing home and two lots for the development of new single family homes. The subdivision of a parcel into three lots requires administrative review and approval by City staff if it meets the required lot dimensions and setbacks. The applicant had submitted the lot division application for review by City staff. However, during survey work on the property it was discovered that there is a wetland located on the northeast side of the lot. The wetland was not identified on the City, Watershed District, or National wetland maps. The applicant had the wetland delineated. The Ramsey-Washington Metro Watershed District approved the delineation and classified the wetland as a Manage C. Lot Division and Front Yard Setback City staff worked with the applicant to create a development plan that would have the least amount of impacts on the newly discovered wetland. By meeting the minimum lot width requirements for Parcel A and B, it allowed Parcel C to be larger and the development of the new single family home to be located as far away from the wetland as possible. Following are the lot division and front yard setback details: Single Family Lot Guidelines Single family lots are required to have at least 10,000 square feet in area and be at least 75 feet in width. The current lot is 1.61 acres in size. Subdivision of the lot will create three lots that meet the dimension and setbacks of existing structures as follows: • Parcel A (Existing Home): 75 feet in width at the building setback and 18,918 square feet in area. • Parcel B (Vacant Lot): 75 feet in width at the building setback and 17,625 square feet in area • Parcel C (Vacant Lot): 143.66 feet in width and 31,551 square feet in area Front Yard Setback The required front yard setback for the two new single family homes is in line with the existing homes on each side. In this case, 41 feet to the front property line. The new single family home on Parcel C will be constructed within 20 feet of the property line. This will shift the house further away from the Manage C wetland located in the back yard. City code states that the City may allow a different front yard setback if it would not adversely affect the drainage of surrounding properties, affect the privacy of adjacent homes, or save significant natural features. The 20-foot front yard setback for Parcel C will comply with all three of these standards. Wetland Ordinance Manage C Wetland City code requires a 50-foot wetland buffer be maintained around a Manage C wetland. No mowing, cutting, grading, or building is allowed in the buffer. Grading for the new single family 2 home on Parcel C will come to within 30 feet of the Manage C wetland, requiring a 20-foot wetland buffer variance. The new single family home on Parcel B will maintain the required wetland buffers. Wetland Buffer Variance Procedure Before the City Council acts on a wetland buffer variance the Environmental and Natural Resources Commission and the Planning Commission will make a recommendation on the variance and wetland buffer mitigation strategies. The city shall hold a public hearing for the variance with the Planning Commission. The city shall notify property owners within 500 feet of the property for which the variance is being requested at least ten days before the hearing. The city may require the applicant mitigate the wetland buffer alteration impacts with the approval of a variance, including, but not limited to, implementing one or more of the strategies listed in the mitigation strategies outlined below. State Law State law requires that variances shall only be permitted when they are found to be: 1. In harmony with the general purposes and intent of the official control; 2. Consistent with the comprehensive plan; 3. When there are practical difficulties in complying with the official control. “Practical difficulties” means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. The plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance, if granted, will not alter the essential character of the locality. The applicant states in his narrative attached that construction of the new single family home on Parcel C will not alter the essential character of the neighborhood. The wetland buffer variance will ensure there is a family-friendly rear yard use. City staff finds that the new single family home is in harmony with the surrounding residential uses. Wetland Buffer Mitigation Strategies The City’s wetland ordinance states the City may require an applicant mitigate impacts to a wetland when approving a variance. Mitigation can include: 1. Reducing or avoiding the impact by limiting the degree or amount of the action, such as by using appropriate technology. 2. Rectifying the impact by repairing, rehabilitating, or restoring the buffer. 3. Reducing or eliminating the impact over time by prevention and maintenance operations during the life of the actions. 4. Compensating for the impact by replacing, enhancing, or providing substitute buffer land at a two-to-one ratio. 5. Monitoring the impact and taking appropriate corrective measures. 3 6. Where the city requires restoration or replacement of a buffer, the owner or contractor shall replant the buffer with native vegetation. A restoration plan must be approved by the City before planting. 7. Any additional conditions required by the applicable watershed district and/or the soil and water conservation district shall apply. 8. A wetland or buffer mitigation surety, such as a cash deposit or letter of credit, of 150 percent of estimated cost for mitigation. The surety will be required based on the size of the project as deemed necessary by the administrator. Funds will be held by the city until successful completion of restoration as determined by the city after a final inspection. Wetland or buffer mitigation surety does not include other sureties required pursuant to any other provision of city ordinance or city directive. Recommended Mitigation Strategies To mitigate the impacts of the development of the new single family home near the Manage C wetland on Parcel C, City staff recommends the following mitigation strategies: 1. Installation of at least three wetland buffer signs along the edge of the approved buffer on Parcel C. The signs should indicate that no building, grading, mowing, or cutting is permitted within the buffer. 2. Restoration of the wetland buffer as follows: a. Minimum 1,622 square feet in area to be located on the north side of the grading limits on Parcel C. b. Wetland buffer restoration must be planted with Minnesota native plants (not seed) in a mulch bed. Tree Preservation Ordinance The City’s tree preservation ordinance requires that all significant trees that are removed on a vacant lot be replaced based on a tree replacement calculation. A significant tree is defined as hardwood that is 6 caliper inches or larger, a conifer that is 8 caliper inches or larger, and a softwood that is 12 caliper inches or larger. The survey shows several significant trees on both Parcel B and C. Prior to issuance of a grading permit for the new lots, the applicant will be required to submit a tree plan which shows the significant trees on each lot, which of those trees will be removed, and required tree replacement. Reference Information Site Description Site size: 70,201.30 square feet, 1.61 acres Existing land use: Single Family Home Surrounding Land Uses North: Single Family Homes 4 South: Single Family Homes Across Geranium Avenue West: Single Family Homes East: Single Family Homes Planning Land Use Plan: Single Family Residential Zoning: Single Family Residential Attachments 1.Narrative 2.Location Map 3.Survey 4.Example Elevations 5.Variance Resolution 5 Thone Builders 2242 Cottage Grove Alcove, Woodbury MN | 651-436-2459 | Ben@thonebuilders.com January 7th, 2019 City of Maplewood RE: Variance Application Environmental & Economic Development Department 1902 County Road B East, Maplewood, MN. 55109 Dear City of Maplewood RE: Variance Application: This site was originally subdivided by Midvale Acres No. 2 in 1938. At that time our site was subdivided into 3 single family lots. The plat indicates low ground running through these three lots as well as many additional lots on the plat. At some point said three lots were consolidated into one tax parcel and a home built on the west side of the property. We are now intending to re-subdivide back into three parcels. Parcels B and C on the proposed lot split are severely affected by a small rear yard wetland which has been delineated and approved by the Watershed District. This wetland is drained by an existing clay storm pipe which was installed many years ago. The inlet for the clay pipe was found to be crushed and non-functional when the survey work was done on this lot split back in August of 2018. Due to the lack of a functional outlet, the surrounding area has become saturated and a wetland has developed. This wetland lies within proposed Parcels B and C and is 10,186sf in area. The watershed has no wetland buffer requirements for a wetland less than 1 acre. However, the city has a 50-foot wetland buffer requirement around this wetland. Said buffer, is about two and a half times larger (25,102sf) than the actual wetland and so places a huge restriction on the two easterly parcels as far as buildable and usable yard area. We feel a decent sized home can be built, and yard graded, on Parcel B with the 50-foot wetland buffer requirement remaining as is. However, on Parcel C, in order to build an acceptable size home with a decent rear yard slope down to natural grade we will need some variance help. Without a variance only a 24-foot-deep home could be built leaving no room for a slope to the rear natural grade out of the walkout (this is a non-buildable situation). We are proposing a reduction in the front yard setback by 10 feet. The 30-foot front setback would become a 20-foot setback. This will help expand the building area front to back. In addition, we are asking for a wetland buffer variance in the proposed house pad area from 50 feet down to a width of about 30 to 32 feet. Said reduction in buffer is more fully shown in hatched highlight on the lot split survey. The approval of the two variances will allow for a 35+- foot deep home, and will allow us to grade an acceptable slope down from the rear walkout wall down to natural grade. Said grading allows for a 10-foot-wide yard area directly behind home with a 5% slope and in addition another 7 feet or so to slope down at about 15% to natural grade. This area would remain outside the buffer and could be sodded and used for normal rear yard purposes (ex: swing set, patio, fire pit, lawn games) free from buffer requirements. The approval of the above variances will allow a home to be built which is in harmony with the existing zoning district and comprehensive plan. Said residential single-family home will have a smaller front yard setback. This however fits with the existing neighborhood as the front yard setbacks for existing homes are not standard but vary from 30 feet to around 70 feet. The variance will allow a home with a main floor approximately 1,100sf in size to be built with potential additional square footage on a second level. This fits the neighborhood well. The five nearest adjacent homes currently range from 952sf up to 2320sf in size. The variance is not requested to build a home that is larger than most but rather a home that fits the existing neighborhood average size. All homes in the area have large rear yards which are used for common family uses such as play space for kids, entertaining friends, grilling, gardening etc. Currently without a variance, there will be no family and neighborhood friendly rear yard use. With the requested variance, the rear yard on this lot can be used for the Attachment 1 same types of uses as adjacent homes. Do to the wetland buffer area that will remain and apply to this lot, said uses will be restricted and limited (15’-19’) to the space directly adjacent to the rear of the structure, but enough yard will be available for the common neighborhood rear yard uses. The above clearly shows that this requested variance will not alter the essential character of the locality but in fact will make it conform more closely to said character. Sincerely, Benjamin Thone, (Land Owner-Developer) Vice President Attachment 1 2657 Geranium Avenue City of Maplewood January 15, 2019 Legend !I Wetlands Manage B Manage C National Wetlands Inventory Parcel Points 0 210 Feet Source: City of Maplewood, Ramsey County Attachment 2 Attachment 3 Single Family House Elevation - Example 1 Attachment 4 Single Family House - Example 2 Attachment 4 VARIANCE RESOLUTION WHEREAS, Ben Thone applied for a variance from the wetland ordinance. WHEREAS, this variance applies to the property located at 2657 Geranium Avenue, Maplewood, MN. The property identification number prior to subdivision is 25-29-22-11-0018. The legal description prior to subdivision is Lots 17 through Lot 19, Block 6, Midvale Acres No. 2. The legal description after subdivision is that part of Lots 17, 18 and 19, Block 6, Midvale Acres No. 2, Ramsey County, Minnesota lying East of the West 150.00 feet thereaof. WHEREAS, Section 12-310 of the City’s ordinances (Wetlands and Streams) requires a 50 foot wetland buffer adjacent to a Manage C wetland. WHEREAS, the applicant is proposing to construct a new single family home on the new lot. Grading for the new home will come within 30 feet of the Manage C wetland, requiring a 20 foot wetland buffer variance. WHEREAS, the history of this variance is as follows: 1. On January 23, 2019, the Environmental and Natural Resources Commission reviewed the wetland buffer variance and mitigation strategies and recommended _____________ of the wetland buffer variance to the City Council. 2. On _______________, 2019, the Planning Commission held a public hearing to review this proposal. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended _______________ of the wetland buffer variance to the City Council. 3. The City Council held a public meeting on ___________, 2019 to review this proposal. The City Council considered the report and recommendations of the city staff, the Planning Commission, and the Environmental and Natural Resources Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approved the above- described variance based on the following reasons: 1. Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the wetland buffer would not allow for a family-friendly back yard for the new single family home. The single family home will not alter the character of the neighborhood. 2. Approval of the wetland buffer variance will include mitigation strategies to reduce the impacts to the wetland. This includes the planting of native plants along the edge of the wetland. 3. Approval would meet the spirit and intent of the ordinance with the construction of a single family home on a lot that is zoned residential and designated residential in the City’s comprehensive plan. Attachment 5 Approval of the wetland buffer variance shall be subject to the following: 1.Prior to issuance of a grading and building permit for the new single family home the applicant must submit the following for City staff approval: a.Wetland Buffer Sign Plan. The plan should identify the location of at least three wetland buffer signs along the edge of the approved buffer on Parcel C. The signs should indicate that no building, grading, mowing, or cutting is permitted within the buffer. b.Wetland Buffer Restoration: Planting plan for the restoration of the wetland buffer. The plan should be prepared by a person with native plant experience and include: 1)A minimum of 1,622 square feet of restoration on the north side of the grading, adjacent the wetland. 2)Wetland buffer restoration must be planted with Minnesota native plants (not seed) in a mulch bed. 2.A cash escrow or letter of credit to cover 150 percent of estimated cost of the wetland buffer mitigation and wetland signs. Prior to release of the wetland buffer mitigation surety, the wetland buffer signs must be installed and the native plantings must be established. Attachment 5 ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION STAFF REPORT Meeting Date January 23, 2019 REPORT TO: Environmental and Natural Resources Commission REPORT FROM: Shann Finwall, AICP, Environmental Planner PRESENTER: Shann Finwall, AICP, Environmental Planner AGENDA ITEM: Environmental and Natural Resources Commission Rules of Procedure Action Requested:  Motion ☐Discussion ☐ Public Hearing Form of Action: ☐Resolution ☐ Ordinance ☐ Contract/Agreement ☐ Proclamation Policy Issue: The Environmental and Natural Resources (ENR) Commission’s Rules of Procedure were adopted by the Commission on October 7, 2008, and amended once since that date. The rules may be amended at any regular meeting by a majority vote. Recommended Action: Approve the revised ENR Commission’s Rules of Procedure attached to this report. Fiscal Impact: Is There a Fiscal Impact?  No ☐ Yes, the true or estimated cost is $0. Financing source(s): ☐ Adopted Budget ☐ Budget Modification ☐ New Revenue Source ☐Use of Reserves  Other: N/A Strategic Plan Relevance: ☐Financial Sustainability ☐Integrated Communication ☐Targeted Redevelopment Operational Effectiveness ☐Community Inclusiveness ☐Infrastructure & Asset Mgmt. Rules of Procedures ensure that the ENR Commission meetings are facilitated and conducted in a manner that will reduce the risk of mishandling important matters. Background Staff is recommending two revisions be made to the ENR Commission’s Rules of Procedure as follows: 1.Community Development Department: W hen the Rules of Procedure document was drafted, the staff liaison to the ENR Commission was housed in the Community Development and Parks Department. That position is now located in just the Community Development Department. That name change has been reflected on the amended Rules of Procedure. 1 Agenda Item 5.d. 2.Visitor Presentations: The Rules of Procedure states there shall be an agenda item called Visitor Presentations. Last year the City Council eliminated the Visitor Presentation section from its agenda. Removing this from the ENR and other Commission agendas will be consistent with the City Council’s agenda policy. This would not eliminate visitors from speaking at a meeting entirely as a visitor could ask to be added to an agenda prior to a meeting, or as stated in the Rules of Procedure, the rules could be temporarily suspended by a majority vote of the commissioners present. All recommended revisions of the ENR Commission’s Rules of Procedure require City Council approval. Attachments 1. Revised ENR Commission Rules of Procedure 2 -1- ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION RULES OF PROCEDURE Adopted by Environmental and Natural Resources Commission on October 7, 2008 Amendments Adopted by the City Council on March 8, 2010 Amendments Adopted by the City Council on , 2019 We, the members of the Environmental and Natural Resources Commission of the City of Maplewood, Minnesota, created pursuant to Division 4, Sections 18.180 to 18.189 of the Maplewood Code of Ordinances, hereby adopt the following "Rules of Procedure," subject to the provisions of said Article, which is hereby made a part of these Rules: A. APPOINTMENTS The City Council shall make appointments to the Environmental and Natural Resources Commission by following the current City appointment policy. B. MEETINGS 1. All meetings shall be held in the Council Chambers in Maplewood City Hall, 1830 E. County Road B, unless otherwise directed by the chairperson or staff, in which case at least 24 hours notice will be given to all Commissioners. 2. Regular meetings shall be held at 7:00 p.m. on the third Monday of each calendar month, provided that when the meeting falls on a legal holiday, such meeting shall be rescheduled. 3. Special meetings may be held upon call by the Chairperson or in his/her absence, by the Vice Chairperson, or by any other Commissioner with the concurrence of a majority of the Commissioners with at least 72 hours notice to all Commissioners. C. COMMUNITY DEVELOPMENT AND PARKS DEPARTMENT In addition to carrying out the duties prescribed in city ordinance the environmental planner or a designated replacement shall: 1. Prepare the agenda for each meeting. 2. Act as technical advisor on any matter which comes before the Commission. 3. Make written recommendations to the Commission on matters referred to the Commission. 4. Schedule any matter with the City Council that has been reviewed by the Commission that requires City Council approval. Attachment 1 -2- D. AGENDA 1. Copies of the agenda, together with pertinent staff reports and copies of the minutes of the previous meeting, shall be made available to each member of the Commission no later than three days prior to the next scheduled meeting. 2. The agenda format shall generally read as follows: a. Call to Order b. Roll Call c. Approval of Agenda d. Approval of Minutes e. Unfinished Business f. New Business g. Visitor Presentations g.h. Commissioner Presentations h.i. Staff Presentations i.j. Adjournment E. QUORUM 1. A simple majority of the current membership of the Commissioners shall constitute a quorum. 2. Any action by the Commission shall require a majority vote of the members present. F. ELECTION OF OFFICERS A Chairperson and Vice Chairperson shall be elected at the first Environmental and Natural Resources Commission meeting in January of each year and will serve until their successors have been elected. Nominations and members interested in serving as the Chairperson or Vice-chairperson shall be announced at the last meeting of the year. The Chairperson will call for further nominations at the first meeting in January each year prior to the election. G. DUTIES OF THE CHAIRPERSON 1. In addition to the duties prescribed in the ordinance, the Chairperson shall represent the Commission at each City Council meeting where a Commission item is on the agenda, to present the Commission’s recommendations and to answer questions from the City Council regarding the decision. If the Chair is unavailable to attend the City Council meeting, the Chair will appoint a representative from the Commission. H. CHAIRPERSON AND VICE-CHAIRPERSON 1. The Chairperson, Vice Chairperson, and such officers as the Commission may decide shall be elected and assume duties according to the current ordinance. 2. In the absence of the Chairperson, the Vice Chairperson shall perform all duties required of the Chairperson. When both the Chairperson and the Vice Chairperson Attachment 1 -3- are absent, the attending members shall elect a Chairperson pro tem. 3. If the Chairperson resigns from or is otherwise no longer on the Commission, the Vice Chairperson shall become the Acting Chairperson until the Commission can hold an election for new officers. If the Vice Chairperson resigns or is otherwise no longer on the Commission, the Commission will elect a new Vice Chairperson at the next possible Commission meeting. I. TEMPORARY COMMITTEES 1. The Commission shall elect by a majority vote such standing committees and temporary committees as may be required and such committees will be charged with the duties, examinations, investigations, and inquiries relative to subjects assigned by the Chair. 2. No standing or temporary committee shall have the power to commit the Commission to the endorsement of any plan or program without the express approval of the Commission. J. VACANCIES The Environmental and Natural Resources Commission positions shall be vacated or recommended to the City Council for vacation according to the current Environmental and Natural Resources ordinances. K. AMENDMENT OR SUSPENSION OF RULES 1. Any of the foregoing rules may be temporarily suspended by a majority vote of the Commissioners present. 2. The "Rules of Procedure" may be amended at any regular meeting by a majority vote. L. RULES OF ORDER In all points not covered by these rules, the commission shall be governed in its procedures by Rosenberg’s Rules of Order, Simple Parliamentary Procedures for the 21st Century. Attachment 1