Agenda - Environmental Policy Board - 08/17/2015

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Environmental Policy Board (EPB) 5. 3. Meeting Date: 08/17/2015 By: Chris Anderson, Community Development Information Title: Discuss Potential Policy to Address Buildable Area on Parcels with Floodplains and Wetlands Purpose/Background: The purpose of this case is to consider developing a policy to address recent concerns about the amount of remaining buildable area on a lot after construction of a home. Primarily, the intent is to protect eventual property owners after the initial construction of a home to ensure adequate buildable area to create what an ordinary citizen would consider a back yard. Over the past several years, the City has received feedback from residents concerning the remaining available buildable area on certain parcels once wetlands and floodplain restrictions are factored into the equation. This concern typically arises as part of the review of a Building Permit application for decks (or other typical homeowner additions) in which wetlands, stormwater ponds, or other infrastructure reduces the net (remaining) buildable area. The outcome usually involves approval from the City of an Encroachment Agreement and potentially approval by the Lower Rum River Watershed Management Organization (WMO) of a No Loss Exemption (wetland encroachment). Both actions consume City resources and have a cost to the property owner, both financially and in terms of time. City Staff recently reviewed this topic with the City Council (that case is attached for reference). The outcome of that discussion was for Staff to work with the EPB and the Planning Commission to develop potential ideas/solutions to help eliminate, or at least reduce, these types of conflicts from occurring in the future. As part of this discussion, the following goals should be considered: 1. Minimize common conflicts for future property owner after initial construction of principal structure. 2. Ensure sufficient area for rear decks (and possibly other common homeowner improvements). 3. Ensure sufficient area for back yard (as interpreted by the average resident). 4. Provide language that is easily interpreted with minimal 'if, then' or contingent scenarios. 5. Do not create new issues by solving current issue(s). 6. Ensure that any policy amendment is not confused City's previous wetland protection ordinance (aka wetland buffer). In other words, the focus of this policy discussion should be on minimum buildable area requirements. principal structure setbacks, or other ideas, rather than on water quality measures (buffers). It is worth noting that at least part of the reason for the increase in these requests and concerns is a result of a declining inventory of vacant lots with the more challenging and/or less desirable lots now being built out. Observations/Alternatives: Staff has identified at least two (2) possible options that could be considered: 1. Minimum buildable area requirement; or 2. Minimum principal structure setback from wetlands, floodplains, and storm sewer pipes. City Code presently specifies minimum lot sizes for each zoning district. In residential areas, the minimum required lot size is 10,800 square feet for lots within the R-1 Residential (MUSA) District and 2.5 acres for lots within the R-1 Residential (Rural Developing) District. However, especially within the MUSA district, there are a number of examples of lots that are 3/4 to 1 acre in size but have greatly restricted buildable area due to wetlands, flooplains, or stormwater infrastructure, or some combination of these. Also, since the shape of lots can vary greatly,