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7.b)2) Planning Commission Recommendation to Authorize Sending the Draft Update of the Local Water Management Plan Meeting Date: 6/19/2012 Agenda Item: ��� �� �� Planning Commission Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Consider the recommendation of the Planning Commission to authorize sending the draft update of the Local Water Management Plan (LWMP) Chapter of the Scandia Comprehensive Plan to the Metropolitan Council and the watershed districts and reviewing agencies for the formal review period required by law. Deadline/Timeline: June 19 City Council resolution to authorize sending the draft plan to the reviewing agencies July 1 60-day review period begins Sept. 4 Planning Commission reviews the agency comments and proposed revisions Sept. 18 City Council adopts LWMP Background: • Since the adoption of the Comprehensive Plan in March of 2009, all three of the watershed districts covering Scandia have adopted new watershed management plans. Cities are required to update their plans as needed to be consistent. Scandia's update is due in September, 2012. • City Planner Sherri Buss prepared a draft document which would replace in its entirety the current plan chapter(Appendix E) which was reviewed with the Planning Commission at its May 1 meeting. • After the May Planning Commission meeting, the draft plan was submitted to the local watershed districts and the Metropolitan Council for preliminary review. Some changes were made to the draft plan based on the comments received. • The Planning Commission held a public hearing on the LWMP at its June 5 meeting. There was no public testimony at the hearing. They recommended that the Council authorize submission of the plan to the reviewing agencies, the next step in the adoption process. • The attached memo from the planner provides additional background, summarizes the changes from the current LWMP, and highlights key sections for the Council's review. Recommendation: Staff recommends that the Council adopt the resolution authorizing the submission of the LWMP to the reviewing agencies for the formal Page 1 of 2 06/06/12 review period required by law. Attachments/ • Draft Resolution No. 06-19-12-01 Draft Local Water Management Materials provided: Plan, June 2012 • Memo From Shem Buss, TKDA, dated June 6, 2012 • Excerpt of Planning Commission Minutes, May 1, 2012 and June 5, 2012 (Draft) • Draft Local Water Management Plan, June 2012 Contact(s): Sherri Buss, City Planner TKDA (651 292-4582) Prepared by: Anne Hurlburt, Administrator (local water plan forward to agencies) Page 2 of 2 06/06/12 CITY OF SCANDIA RESOLUTION NO. 06-19-12-01 RESOLUTION APPROVING 2012 LOCAL WATER MANAGEMENT PLAN UPDATE FOR SUBMISSION TO THE METROPOLITAN COUNCIL AND WATER MANAGEMENT ORGANIZATIONS WHEREAS, the City of Scandia, as Appendix E of its 2008 — 2030 Comprehensive Plan, has adopted a Local Water Management Plan (LWMP) as required by Minnesota Statutes 103B and Minnesota Rules 8410; and WHEREAS, Scandia's LWMP has been prepared to guide the City in conserving, protecting, managing and improving its surface water resources; and WHEREAS, since the adoptions of Scandia's Comprehensive Plan in March of 2009, all three of the watershed districts covering Scandia(Carnelian-Marine- St. Croix Watershed District, Comfort Lake-Forest Lake Watershed District and Rice Creek Watershed District)have adopted new watershed management plans; and WHEREAS, cities are required to update their LWMP to be consistent with the District plans within two years of the adoption of the District plans, or in Scandia's case by September, 2012; and WHEREAS, Scandia has prepared a Draft LWMP, which was reviewed by the Planning Commission on May 1, 2012; and WHEREAS, the Planning Commission held a duly-called public hearing on the Draft LWMP at their meeting on June 5, 2012, after providing the required 30-days advance notice to the watershed districts and to the Metropolitan Council ("the agencies"); and WHEREAS, preliminary comments received from the agencies and from the Planning Commission have been incorporated into the Draft LWMP, which the Planning Commission has recommended be submitted to the agencies for their review and approval; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA,WASHINGTON COUNTY,MINNESOTA, that the 2012 update of Scandia's LWMP shall be submitted to the three watershed districts and the Metropolitan Council for their review and approval. Adopted by the Scandia City Council this 19`h day of June, 2012. Randall Simonson, Mayor ATTEST: Anne Hurlburt City Clerk/Administrator TKDA 444 Cedar Street,Suite 1500 Saint Paul,MN 55101 . ,. . .� The right time.The right people.'1'Le ri�ht compay� (651)292-4400 (651)292-0083 Fax www.tkda.com MEMORANDUM To: Scandia City Council Reference: Draft Local Water Management Plan Copies To: Anne Hurlburt, City Administrator From: Sherri Buss Proj. No.: 15045.000 Date: June 6, 2012 Routing: BACKGROUND Since the adoption of Scandia's Comprehensive Plan in March of 2009, all three of the watershed districts covering Scandia have adopted new watershed management plans. Cities are required to update their local water management plans (LWMP) to be consistent with the District Plans within two years of the adoption of the District plans. Scandia needs to update its plan by September, 2012. The Districts have identified several items that should be included in the plan update: • The plan needs to identify the rules that will apply in Scandia, and responsibilities for permitting. The LWMP currently references the Districts' rules, and indicates that the Watershed Districts in the City will mariage permitting. The Draft LWMP proposes to continue this relationship. It also identifies the regulations in the City's Development Code that address surface and groundwater management. • The plan should reference the District's new plans, and Wetland Conservation Act (WCA) procedures. The draft includes a summary of the new district plans and includes revised maps from the plans. It notes Scandia's role as the Local Governmental Unit for WCA, and its contract with the Washington Conservation District to provide technical assistance on WCA issues. • Theplan must include a Capital Improvement Plan that identifies theprojects the Districtplans have identified in Scandia, as well as any projects in the Ciry's CIP that address surface and groundwater management. The draft LWMP includes an implementation section and the appropriate District and City CIP items. Scandia is part of three Watershed Districts—CMSCWD, Comfort Lake-Forest Lake Watershed District, and Rice Creek Watershed District. All of the districts have recently updated their plans, so this update will fulfill the requirements to update the plan for all three districts. The Planner has developed the attached Draft LWMP to address the requirements in State law and local Watershed District plans. The Planning Commission reviewed the plan on May 1, and held a public hearing on the plan on June 5. There were no comments on the plan at the public hearing. The Planner sent the draft plan to all three Watershed Districts and to the Metropolitan Council for an informal review after the Planning Commission meeting in May. The Districts and the Council provided several comments on the plan and requested a number of additions. Those changes have been incorporated into the Draft attached. An Employee Owned Company Promoting Allirmative Action and Equal Opportunity Scandia LWMP Draft Page 2 June 19, 2012 City Council CHANGES FROM THE CURRENT LWMP The major changes the Planner made to the LWMP that was adopted with the 2009 Comprehensive Plan include the following: • Updated the maps in the plan to include the latest land use and zoning maps and the new map information from each of the Watershed Districts, such as wetlands maps and impaired waters maps. • Updated the summaries and information about the new Watershed District Plans for each District • Minor updates to water and natural resource information • Updated the goals and policies section. This section is changed significantly from the goals and policies section included in the Comp Plan and streamlined based on the following: o Many of the goals and policies identified in the LWMP in the Comp Plan have been addressed through the update of the City's Development Code completed last year, so they are no longer needed. o Some of the goals have been addressed by Watershed District actions or projects, such as completion of the CMSCWD Wetland Management Plan. o The section was reorganized by topic so that the Goals and Policies section (V) is clearly related to the Assessment of Issues section (IV). o The Comp Plan goals and policies section in the LWMP included all of the goals and policies related to each of the proposed land use districts. Most of these goals had nothing to do with water and natural resources management, and are not needed in the LWMP. � The draft LWMP includes an updated implementation section. KEY SECTIONS OF THE PLAN FOR COUNCIL REVIEW The Assessment of Issues and Implementation sections of the plan have been significantly updated since the previous plan,based on the District Plans and the City's current Capital Improvement Plan. The Implementation Section includes the actions that will be used to address the issues identified in the Assessment chapter. Key elements of the Implementation Chapter include the following: • The plan indicates that the Watershed Districts will continue to be the primary enforcers of surface water regulations and related permitting within the City. • The City will continue to act as the local governmental unit (LGU) for administering the Wetland Conservation Act within its boundaries. • The City will develop a Memorandum of Understanding with CMSCWD and CLFLWD to detail the cooperative process that will be used with each district to coordinate review of land use applications, shoreland and floodplain regulations, and other cooperative actions. • The City will cooperate with the programs and projects listed in the District Plans. The Districts will bear the costs for design and installation of the projects. The projects are described in detail beginning on page 64 of the plan. • The City's Capital Improvement Plan includes the following: o Water quality improvements at Lilleskogen Park o Improvements to the Uptown Sewer System � Additional City projects during the next 10 years may include the following: Scandia LWMP Draft Page 3 June 19, 2012 City Council o Study of the 201 Community Sewer Systems on Big Marine Lake, which may include recommendations for improvements o An inventory and map of the City's stormwater management system REVIEW PROCESS If the City Council authorizes sending the draft plan to the reviewing agencies (Watershed Districts, Metropolitan Council, Washington County and adjacent local governments) on June, 19, the review process would proceed as follows: June 19 City Council requested to adopt a resolution to authorize sending the draft plan to the reviewing agencies July 1 60-day review period begins Sept 4 Planning Commission reviews the agency comments and proposed revisions Sept 18 City Council adopts LWMP REQUESTED ACTION Staff request that the City Council review the draft LWMP, provide comments, and authorize staff to send the draft plan to the reviewing agencies. May 1, 2012 Scandia Planning Commission Page 4 of 5 PUBLIC HEARING: ORDINANCE NO. 131, AMENDING ORDINANCE NO. 122, THE CITY OF SCANDIA DEVELOPMENT CODE, CHAPTER 2, SECTION 6.7 (DENSITY STANDARDS IN OPEN SPACE CONSERVATION SUBDIVISIONS) City Administrator Hurlburt gave an overview of the proposed ordinance amendment to a density standard for Open Space Conservation Subdivisions. Over the last year, Commission Chair Maefsky chaired a committee to identify and map scenic views throughout the city, as an implementation task of the Comprehensive Plan to protect scenic views. The"Guidelines for the Protection of Scandia's Priority Scenic Viewsheds" document was reviewed at the March Planning Commission meeting and it was determined that a public hearing be held to consider an amendment to the Development Code to allow up to a 25% density bonus in Open Space Conservation Subdivisions (OSCS) for preservation of priority scenic views. This is an increase from the current 10% density bonus allowed in OSCS. The document includes a map identifying the scenic viewshed corridors and 39 sites identified by GPS coordinates. Chair Maefsky opened the public hearing at 8:25 p.m. There were no comments and the hearing was closed. Commissioner Krinke noted a correction to a typographical error on page 5. Commissioner Philippi asked about incentives for individual property owners who take steps to preserve scenic values. City Administrator Hurlburt explained the paragraph on page 6 which allows for incentives to property owners not in an OSCS. Flexibility of some standards such as setbacks and outbuilding design may be granted for the preservation of scenic views. Chair Maefsky will forward the final two GPS coordinates to TKDA to be added to the map for the final adoption of the scenic viewsheds document at the May 15 Council meeting. Krinke, seconded by Philippi, moved to recommend to the Council to adopt the "Guidelines for Protection of Scandia's Priority Scenic Viewsheds" and to adopt the ordinance amendment for density standards in Open Space Conservation Subdivisions (Scandia Development Code Chapter 2, Section 6.7). The motion carried 5-0. PDATE OF LOCAL WATER MANAGEMENT PLAN CHAPTER OF SCANDIA ` COMPREHENSIVE PLAN City Planner Buss presented the draft update of the Local Water Management Plan, which would replace the current chapter, Appendix E, of the Comprehensive Plan. Buss explained that cities are required to update their plans to be consistent with the watershed districts covering Scandia. Scandia is part of three Watershed Districts—Carnelian-Marine-St. Croix Watershed, Comfort Lake-Forest Lake Watershed, and Rice Creek Watershed. Since the Comprehensive Plan was adopted in 2009, all three of the watershed districts have adopted new watershed management plans. The statutory deadline for Scandia to adopt a new LWMP is September 2012. City Planner Buss summarized the important changes made to the LWMP. The maps have been updated to reflect the latest land use and wetland quality surveys. Summaries and information about the new Watershed District Plans for each district have been updated. Minor updates were May 1, 2012 Scandia Planning Commission Page 5 of 5 made to water and natural resource information. The goals and policies section was reorganized to accurately reflect updates to Scandia's Development Code and to more clearly relate to the Assessment of Issues section. Buss suggested the Commissioners most closely review the implementation section as it relates to water resources within the city. Chair Maefsky questioned the relevance of the sand and gravel deposit summary on page 19. Planner Buss explained that mining has potential ground and surface water impacts. The language in this section was not changed from the current LWMP. Chair Maefsky stated that the goals were laid out clearly,but it would be helpful to reference back to them in the implementation section. Planner Buss agreed that this reference could be added. Commissioner Philippi asked if any updates would affect the Zavoral EIS. Planner Buss stated that no changes were made in the natural resource section that would apply to the EIS. The Planning Commission was in consensus that the plan is ready to go out for public comment. Maefsky, seconded by Hogle, moved to schedule a public hearing for the Local Water Management Plan at the June 5, 2012 Planning Commission meeting. The motion carried 5-0. Planner Buss asked the Commissioners for any final comments before the plan is released. Commissioner Philippi noticed that the table on page 16 was not correct in totaling the size of watersheds within the city. Planner Buss will re-calculate the areas using GIS data. The data was taken from the existing plan. Commissioner Philippi noted that the text states that there are 41 public bodies of water,but the table on page 8lists fewer. Planner Buss will re-check the count. Planner Buss and Administrator Hurlburt will prepare the notices which will keep the review process moving forward on schedule. ADJOURNMENT Krinke, seconded by Hogle, moved to adjourn the meeting. The motion carried 5-0. The meeting adjourned at 9:05 p.m. Respectfully submitted, Brenda Eklund Deputy Clerk June 5, 2012 The Scandia Planning Commission held their regular monthly meeting on the above date. Vice- Chair Tom Krinke called the meeting to order at 7:02 p.m. The following were in attendance: Commissioners Tom Krinke, Steve Philippi and Peter Schwarz. Absent: Commission Chair Christine Maefsky and Commissioner Jan Hogle. Staff present: City Administrator Anne Hurlburt, City Planner Sherri Buss and Deputy Clerk Brenda Eklund. APPROVAL OF AGENDA, MINUTES Schwarz, seconded by Philippi, moved to approve the agenda as presented. The motion carried 3-0. Schwarz, seconded by Philippi, moved to approve the May 1, 2012 minutes as presented. The motion carried 3-0. PUBLIC HEARING: UPDATE OF LOCAL WATER MANAGEMENT PLAN CHAPTER OF SCANDIA COMPREHENSIVE PLAN City Planner Sherri Buss explained the suggested changes which were made to the Local Water Management Plan after the Planning Commission's initial review at its May 1 S`meeting. After the May meeting, staff sent the draft plan to the local Watershed Districts and the Metropolitan Council to request a preliminary review of the draft plan. A variety of comments were received. These changes and additions were highlighted within the text of the draft plan which was provided for the hearing. Planner Buss described the changes in a memo dated May 28, 2012. Buss reviewed the changes and noted that the Comfort Lake-Forest Lake Watershed District requested that a Memo of Understanding regarding coordination of review and regulatory programs be developed just as the City is doing with the Carnelian-Marine-St. Croix Watershed District. This language was added to the draft plan, beginning on page 46. The MOU will be included as an attachment in the draft plan for the September proposed adoption. Buss recommended that the Commissioners review the proposed actions listed in the Implementation Plan. Staff categorized the list into "high" and "medium"priority actions as requested by the CLFLWD. Added to the list of inedium priority actions is a project for the City to complete an inventory and map of its existing stormwater system, to be completed by the end of 2015. Vice-Chair Krinke opened the public hearing at 7:12 p.m. There were no comments from the public and the hearing was closed. Krinke asked for a comparison between the maps in Figures 11 and 12. Planner Buss explained that Figure 11 (High Quality Natural Areas) was based on a biological survey using field study data. The MN DNR and Met Council used this data plus various overlay mapping data to develop Figure 12 (Regionally Significant Ecological Areas). June 5,2012 Scandia Planning Commission Page 2 of 4 Schwarz, seconded by Philippi, moved to recommend that the City Council authorize sending the draft plan to the reviewing agencies for the formal review period as required by law. The motion carried 3-0. City Administrator Hurlburt stated that the City Council will review the plan at the June 19 Council meeting. If approved, a resolution will be adopted to authorize that the plan be sent to reviewing agencies for a 60-day period beginning July 1. The Planning Commission will then review the agency comments and proposed revisions at their September 4 meeting, for adoption by the City Council on September 18. DRAFT ORDINANCE NO. 131,AMENDING ORDINANCE NO. 122, THE CITY OF SCANDIA DEVELOPMENT CODE, CHAPTER 2, SECTION 3.2 (ACCESSORY STRUCTURES) At its May 1 St meeting, the Planning Commission held a public hearing on a proposed amendment to the Development Code that would allow unlimited size and number of accessory structures for agricultural purposes on lots of 30 acres or greater. After discussion of the amendment, the Planning Commission lowered the lot size to 20 acres for unlimited size and number of ag buildings. Other changes were requested and action was postponed to the June meeting so that staff could prepare a table which would more clearly show the revised standards. The table was included in the draft ordinance for review by the Commissioners: Residential Accessory Structures (non- agricultural) Agricultural Buildings Number of Total Number of Total Structures Sguare Structures Square Lot Size Footage Footage Parcels less than 1 acre 1 720 sq. ft. 1 acre to 3.00 acres 1 1,000 sq. ft. More than 3.00 acres and 2 2 000 s ft. None None less than 5.00 acres ' q� 5.00 acres to 10.00 acres 2 2,500 s . ft. 1 5,000 sq. ft. More than 10.00 acres to agricultural including 20.00 acres 2 3,500 sq. ft. building(3 non- total) agricultural buildings. More than 20.00 acres to 2 4,500 sq. ft. 30.00 acres More than 30.00 acres to No limit No limit 40.00 acres 2 5,500 sq. ft. provided provided More than 40.00 acres to structures structures 60.00 acres 2 6,000 sq. ft. are are More than 60.00 acres to agricultural agricultural 80.00 acres 2 7,000 sq. ft. buildings. buildings More than 80.00 acres 2 8,000 sq. ft.