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6.a Public hearing on draft ordinance regulating land alteration and grading444 Cedw Street, 5vte 1500 Saint Paul, MN 55101 651 292,4400 tkda.com TKD Memorandum To: Scandia Planning Commission Copies To: Neil Soltis, City Administrator Brenda Eklund, City Clerk From: Sherri Buss, RLA AICP, Planner Date: July 24. 2018 Reference: Grading and Land Alteration Standards—Public Hearing Project No Routing: 16623.000 The City Council requested that that the Planning Commission should discuss amending the Development code section related to Grading and Land Alteration permits. The issues that the Council identified include: The City is receiving applications for building projects on small parcels, particularly in Shoreland areas. There have also been some recent projects that have affected sedimentation and drainage off-site on other parcels or onto city rights-of-way. These projects have not met the current Development Code thresholds that require submitting a grading or land alternation permit and could not be regulated. (The current standard says that a permit is required for land alteration and grading of 10 cubic yards or disturbance of 1,000 square feet of area.) • The current Development Code requirements exempt projects that need a building permit from a requirement to submit a separate grading and land alteration permit. The Building Inspector reviews these permit applications, rather than the City Engineer. If the Engineer's time is needed for these grading reviews, this exemption does not allow the City to recover the costs of the Engineer's time to review the grading plans and recommend changes if needed. • The City recently adopted a lower threshold for requiring grading permits in the Shoreland Ordinance. The Planning Commission is recommending amendments to the Zoning Ordinance to address the Council's concerns. The amended ordinance will be discussed at a public hearing at the August 7 Planning Commission meeting. The proposed amendment includes these changes: • Reduces the threshold for when a permit is needed from 50 to 10 cubic yards of land alteration and grading (adding or removing material or excavation within the site), or 600 square feet or more of land area (down from 1,000 square An ernptoyeeowned cmpany prorminq clkrmalllye 1301 on aid equal uppo-rluWky Grading and Land Alteration Permits Page 2 August 7, 2018 Scandia Planning Commission feet). These are the same thresholds as those that the City adopted in the Shoreland Ordinance update. • Adds requirements that any excavating, grading or filling in public waters, wetland setback areas, bluff setback areas or bluff impact areas or the St. Croix River District require a permit. • Adds a requirement that the City can require a permit for any land alteration or development activity, regardless of size if it is likely to cause an adverse impact to an environmentally sensitive area or to a public property or a City right-of-way. • Removes the permit exemption for projects that need a building permit. • Changes the threshold for driveway permits to the same threshold proposed for other grading and land alteration permits, but does not require a permit for regular driveway maintenance. • Updates the section on Permit Applications to include the requirements for the grading and land alteration permits, including the fee and escrow established by the city. • Updates the section on fill slopes to match the updated Shoreland Ordinance. 7