#13 - Impervious Surface Text Amendment

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Staff found that many other communities do not list specific examples of impervious surfaces. The City Council feels examples in the current definition are unnecessary and may be confusing. PROPOSED DEFINITION CHANGES: Impervious surface means any structure or surface which interferes to any degree with the direct absorption of water into the ground., including, but not limited to, building footprints, sidewalks, paved or gravel driveways and parking areas, patios, sport courts, or any other similar surface. Decks, pervious landscaping fabric, the surface water of pools and retaining walls shall not be included as impervious surface. AGENCY REVIEW Staff distributed the proposed comments for agency review and received comments from the following: •City Engineer (email provided in packet). •Browns Creek Watershed District (email provided in packet). •Valley Branch Watershed District (email provided in packet). •Minnesota Department of Natural Resources (email provided in packet) PUBLIC COMMENT A hearing notice was published in the Stillwater Gazette on August 12, 2022. Staff received the following public input on the text amendments which at the time included an increase to allowed impervious surface in unsewered shoreland areas: •There was one email in opposition to this change from resident Ann Bucheck. Herreasoning was that this may have a negative impact on the environment. •During the public hearing Susan Dunn (11018 Upper 33rd St N Lake Elmo) thanked theCommissioners for their service to the community, and reiterated that the PlanningCommission’s job is the health, safety and welfare of the residents in the community. FISCAL IMPACT None OPTIONS •Approve the proposed amendments. •Amend the proposed amendments. •Deny the proposed amendments. RECCOMENDATION Staff recommends that the City Council approve the proposed text amendments as presented. “Move to adopt Ordinance 2023-01, amending the impervious surface definition in Section 1.08.010.” 2