Agenda - Council - 02/24/2009 - Laserfiche WebLink

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The wetland buffer provisions are in Chapter 9 (Zoning & Subdivision of Land) of City Code; a public hearing is required to amend and/or repeal any portion of this Section. The Planning Commission typically holds public hearings for Chapter 9 amendments and provides a recommendation to City Council. The earliest. date. an amendment to Chapter 9 could be brought forward would be the April 2"d Planning Commission meeting (due to the need to publish the notice of public hearing). Should City Council choose to repeal the wetland buffer requirement, Staff would recommend repealing Section 9.26 (Wetland Protection) in its entirety, as the remainder of the Section is essentially rendered moot without a buffer requirement. The requirements of the current ordinance specifically address the upland areas adjacent to wetlands and do not supersede the requirements of the MN State Statutes generally known as the Wetland Conservation Act (WCA). Whether -the buffer regulations remain intact or are repealed, any proposed development would still be subject to the regulations outlined in the WCA and, if the disturbed. area is greater than one (1) acre, would still be subject to review by the Lower Rum River Water Management Organization. Funding: The costs associated with drafting and implementing ordinances and amendments are covered under existing City personnel Council. Action: Based on discussion. Review Checklist: ,--- . Cit Administrator Y -~ Community Development Director Associate Planner CC: 2.24.09 Attachments: Copies to: City Attorney Environmental Policy Board A. City Code Section 9.26 (Wetland Protection) B. City Council meeting minutes dated July 26, 2005 C. City Council work session minutes dated September 20, 2005 D. City Council meeting minutes dated September 27 and October 11, 2005 -160-