4. Stormwater Code Amendment Discussion IOW MEMORANDUM 4
CITY OF TO: Planning Commission
CHANHASSE Terry Jeffery, Water Resources Coordinator
7700 Market Boulevard DATE: April 17, 2012 0
PO Box 147
Chanhassen, MN 55317 SUBJ: Comprehensive Land Use Plan Amendment Resulting from
Storm Water Code Amendment
Administration
Phone: 952.227.1100
Fax: 952.227.1110 ISSUE
Building Inspections Under Minnesota State Statute, the City of Chanhassen must update the Second
Phone: 952.227.1180 Generation Surface Water Management Plan which is one element of the
Fax: 952.227.1190 Comprehensive Plan.
Engineering
Phone: 952.227.1160 BACKGROUND
Fax: 952.227.1170
Statutory Authority
Finance
Phone: 952.2271140 Minnesota Statute 103B.301 through 103B.355 is known as the Comprehensive Local
Fax: 952.227.1110 Water Management Act (CLWMA). This act was adopted in 1985 in response to the
Park & Recreation 1977 drought. The key behind the CLWMA was to address statewide water
Phone: 952.2271120 management issues while leaving controls at the local level. The CLWMA is
Fax: 952.227.1110 intended to foster relationships between the state and local agencies while involving
the local citizens. Minnesota Statute 103D established the creation of watershed
Recreation Center districts.
2310 Coulter Boulevard
Phone: 952.2271400
Fax: 952.227.1404 The water management policies set forth in Chapter 103 resulted in the creation of
rules set forth to achieve these policy goals. Chapter 8410 of Minnesota Rules,
Planning & among other things, established the creation of watershed districts and required
Natural Resources counties, watershed districts, and joint powers organizations to create a Local Water
Phone: 952.227.1130 Management Plan. The content of this plan was prescribed within this chapter as
Fax: 952.227.1110
well.
Public Works
7901 Park Place Minnesota Statute 103B.325, subd. 1 stipulates that "Local units of government shall
Phone: 952.227.1300 amend existing water and related land resources plans and official controls as
Fax: 952.227.1310 necessary to conform them to the applicable, approved local water management plan
following the procedures in this section."
Senior Center
Phone: 952.227.1125 Minnesota Statute 103B.331, subd. 2 goes on to state that "The county may regulate
Fax: 952.227.1110
the use and development of water and related land resources within incorporated
Web Site areas when one or more of the following conditions exist:
www.ci.chanhassen.mn.us
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Planning Commission
Stormwater Code Amendment Discussion
April 17, 2012
Page 2
(1) the municipality does not have a local water and related land resources plan or
official controls consistent with the local water management plan;
(2) a municipal action granting a variance or conditional use would result in an
action inconsistent with the local water management plan; ..."
Local Water Plans
There are four watershed districts or joint powers agencies with jurisdiction in Chanhassen:
• Carver County Watershed Management Organization
• Lower Minnesota River Watershed District
• Riley Purgatory Bluff Creek Watershed District
• Minnehaha Creek Watershed District.
The City adopted the Second Generation Surface Water Management Plan in August of 2006 and
is due to redo the plan in 2016. Meanwhile, the four previously mentioned agencies have
recently updated their local water management plans and rules per the schedule shown in the
following table:
ADOTION DATES
AGENCY PLAN RULES
( er 10/26/2010 Pending
Low er 9/13/2011
MN
MCWD 7/5/2007 6/1/2011
RPI3CWI) 2/2/2011
To be compliant with Minnesota Statute, the City of Chanhassen must update our Second
Generation Surface Water Management Plan (SWMP) and applicable local controls. The City
has elected to wait until all four overarching local water management plans were updated prior to
updating our plan. Further, the National Pollution Discharge Elimination System, Municipal
Separate Storm Sewer System (MS4) permit is scheduled to be approved by the Minnesota
Pollution Control Agency in August of this year. The City will have 150 days to update our
permit and Surface Water Pollution Prevention Plan (SWPPP) accordingly. As the purpose of
the SWMP is to have one comprehensive water management plan, it is likely that some changes
to our SWMP will be instigated by the issuance of the new MS4 permit.
SCHEDULE
Because the Surface Water Management Plan is one of three utility components required in our
Comprehensive Plan, any amendment to the SWMP will also be an amendment to the
Comprehensive Plan and will be subject to those rules. It is the intention of staff to have all
amendments completed and approved by October 22, 2012. In order to accomplish this, staff is
recommending the following schedule:
Planning Commission
Stormwater Code Amendment Discussion
April 17, 2012
Page 3
DATE ACTION
July 23, 2012 Council authorizes distribution of proposed
amendments for agency review and comment
August 1, 2012 Agency distribution of draft amendments
October 1, 2012 Agency comment period ends
October 2, 2012 Public hearing held at planning commission
October 22, 2012 Council authorization of amendments
RECOMMENDATION
The changes to city code will primarily be to Chapter 19. However, parts of Chapters 18 and 20
will need to be amended as well. For instance, Section 20 -960 references the city's 1994 surface
water management plan when it states; "All development shall comply with the city's surface
water management plan dated February 1994..."
The Planning Commission directs staff to prepare ordinance amendments to Chapters 18 and 20
as needed for statutory amendments to the Second Generation Surface Water Management Plan
and to prepare amendments to the 2030 Comprehensive Plan.
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