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Home My WebLink About9D - Reclassify Jeffers Pond CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: JANUARY 6, 2003 9D JANE KANSIER, PLANNING COORDINATOR AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE APPROVING AN AMENDMENT TO THE ZONING ORDINANCE RECLASSIFYING JEFFERS POND AND AN AMENDMENT TO THE REQUIRED LOT SIZE IN THE HASS LAKE SHORELAND DISTRICT (Case File #02-137) DISCUSSION: History: The purpose of this agenda item is to consider two amendments to the Zoning Ordinance. These are: . An amendment to Section 1104.201 reclassifying Jeffers Pond from a Natural Environment Lake to a Recreational Development Lake; and . An amendment to Section 1104.302 of the Zoning Ordinance changing the minimum lot area for lots within the Hass Lake Shoreland District from 20,000 square feet to 12,000 square feet. JEFFERS POND RECLASSIFICATION: Jeffers Pond is a 45-acre lake located at the southwest quadrant of the intersection of CSAH 42 and CSAH 21, The DNR originally classified the lake as a Natural Environment Lake in 1984, Recently, the City asked the DNR to reevaluate this classification. In November, 2002, the DNR notified the City that the original classification was based on outdated or erroneous data and that the Recreational Development classification was more appropriate for Jeffers Pond (see Exhibit A), The purpose of this agenda item is to amend the table in Section 1104.201 of the Zoning Ordinance and identify Jeffers Pond as a Recreational Development Lake. HASS LAKE DESIGNATION: Hass Lake is currently classified as a Natural Environment Lake, The applicant is requesting that the designation be changed to a Recreational Development Lake. In June, 2002, the City Council reviewed a proposal to reclassify Hass Lake as Recreational Development Lake. The Council recommended approval of this reclassification and forwarded the request to the DNR. Upon review of this request, the DNR did not reclassify the lake based on its size; however, the DNR did agree the minimum lot area and lot widths of the Recreation Development Lake category should be applied to Hass Lake, based on the surrounding development. (see Exhibit B). This amendment will allow nonriparian lots in the Hass Lake Shoreland District to be 12,000 square feet in area with 86' lot widths. The 150' lake setback to a Natural Environment Lake will still apply to structures within this district. 1:\02fi1es\02ordarnend\zonil!S~effers pond\OZ.137 cc report. doc Pa..ge 1 16200 Eagle Creek Ave. S.t., Prior Lake, Minnesota 55372.1714 / Ph. (952) 447-4230 / Fax ('0152) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Current Circumstances: The Planning Commission considered both amendments at a public hearing on December 23, 2002. The Planning Commission recommended approval of the proposed amendments. The attached ordinance outlines the proposed amendments. The Issues: The City Council must make a decision whether to amend the ordinance based on the following criteria: . There is a public need for the amendment. . The amendment will accomplish one or more of the purposes of the Zoning Ordinance, the Comprehensive Plan or other adopted plans or policies of the City. . The adoption of the amendment is consistent with State and/or federal requirements. The proposed amendments are consistent with the DNR action relating to the classifications of Jeffers Pond and Hass Lake. Cone/us ion: Based on the above findings, both the Planning Commission and the staff recommend approval of the ordinance. ALTERNATIVES: The City Council has three altematives: 1. Adopt an Ordinance approving the proposed amendments as recommended. 2, Deny the proposed Ordinance. 3. Defer this item and provide staff with specific direction. RECOMMENDED MOTION: The staff recommend ! Alternative #1. A motion and second to adopt Ordinance 03- pprov' g th ndments as recommended by the Planning Commission. REVIEWED BY: . nager 1:I02fi1esI020rdamend\zoning~effers pondl02-13 7 cc report. doc Page 2 CITY OF PRIOR LAKE ORDINANCE NO. 03 - XX AN ORDINANCE AMENDING SECTIONS 1104.201 AND 1104.302 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: I. Section I 104.20 I of the Prior Lake City Code is hereby amended as follows: Natural Environment Lakes DNR ID No. OHWM 1. Howard Lake 70-73P 957.3 Township 114, II5N, Range 22W, Sections 5, 32 2. Pike Lake 70-76P 820.5 Township 1 I5N, Range 22W, Section 23 3. Unnamed (Arctic Lake) 70/85 906.7 Township 1 I5N, Range 22W, Sections 33, 34SW 4. Keup's Lake (Mystic Lake) 70-79W 960.0 Township 115N, Range 22W, Section 27NW 5. Hass Lake 70-78 907.3 Township 1 I5N, Range 22W, Section 27NW ~. Unnamed (Jeffer's Pond) +Q-+I- Net- TawRchi]'l 115, RaRge 21, 22'V, SestiaR 27 eotaelished RecreatIonal Development Lakes DNR ID No, OHWM 1. Markley Lake 70-21W 893.2 Township 1 I4N, Range 21, 22W, Section 6.1 2. Unnamed (Blind Lake) 70-53 948.7 Township 114, Range 22W, Sections 1,2 3. Unnamed (Jeffers Pond) 70-77 866.1 Township 1 I5N, Range 22W, Section 27 1:\02files\02ordamend\zoning~effers pond\ord 03-xx.doc PAGEl 16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372.1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 2. Section 1104.302 (1) of the Prior Lake City Code is hereby amended as follows: (1) Natural Environment: Riparian Lots Non-Riparian Lots Area Width Area Width SingIe~ 40,000 125 20,000 100 Dnplex 70,000 225 35,000 220 Triplex 100,000 325 52,000 315 Qnad 130,000 425 65,000 410 "For non-riparian lots within the Hass Lake Shoreland District, the minimum lot area shall be 12,000 Square feet and the minimum lot width shall be 86 feet. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 6th day of January, 2003. ATTEST: City Manager Mayor Published in the Prior Lake American on the 11 th day of January, 2003. Drafted By: City of Prior Lake Planning Department J 6200 Eagle Creek A venue Prior Lake, MN 55372 ]:\02files\02ordamend\zoning~effers pond\ord 03-xx.doc PAGE 2 EXHIBIT 1 I~II~ @ ~ 0 i:iJ [g :~ iji(i NOV 7 2002!1 I' Minnesota Department of Natural Res9tlttes IlWl Waters I 500 Lafayette Road 51. P~HI1. Minnesota 55155-4032 October 31, 2002 Mr. Donald Rye Community Development Director City of Prior Lake 1600 Eagle Creek Ave., SE Prior Lake, MN 55372-1714 Dear Mr. Rye: RECLASSIFICATION OF JEFFERS POND (70-77W) FROM NATURAL ENVIRONMENT (NE) TO RECREATIONAL DEVELOPMENT (RD) SHORELAND CLASSIFICATION Based on the information provided in your two letters dated August 26 and October 16, 2002, and subsequent meeting on October 23, 2002, the Department of Natural Resources approves the above reclassification. Specifically, you were able to document the physical changes within the basin itself as it went from a series of semi-drained wetlands in the early 1950's, the raising and enlarging of the basin by an outlet control structure in the late 1960's, and the routing of the Prior Lake outlet through the pond in the mid-1980's. DNR Area Fisheries has no indication that Jeffers Pond is subject to winterkill. The connection to Prior Lake provides greater water circulation through the pond and allows for the input of fish from the lake. We approve of the conceptual plan for the site noting that it will encompass the entire lake basin and much of the adjacent shoreland area within a PUD. As we discussed at the meeting, it would have been possible to allow the RD density, but keep the NE classification as we did recently with Hass Lake (70-78W). However, the two lakes are sufficiently different that the reclassification of Jeffers Pond stands on its own merit. We note with approval that the conceptual plan for the PUD includes the following: . a publicly-owned 50 to 60 foot buffer of natural vegetation around ,ne entire margin of the lake: . the developer is willing to accept surface water controls adopted by the city that would exclude motorized watercraft and private docks; . there is potential for public use through trails, a possible schoo!' interpretive center and kids fishing dock; . the design is such that many of the steeper slopes and associated trees can be preserved; . storm water retention ponds are part of the design. We trust that the Prior Lake - Spring Lake Watershed District will assist in the development of a storm water management plan for the site that makes use of natura] buffers, infiltr:ltion and retention to lessen the impact of stormW:lter (qu:lntity and quality) upon letTers Pond. . DoclImentfile name DNR Information: 651-296-6157 . 1.888.646-6367 . TrY: 651-296-5484 . 1-800.657-3929 An Equal Opportunity Employer -II'. Printed on Recycled Paper Containing a Page Two October 31,2002 Because of its small size and the adjacent steep slopes, Jeffers Pond will always be sensitive to stormwater and the impacts of non point source pollution that come with any development. For this reason, we suggest that the PUD strive to maintain the Natural Environment setback of 150 feet from the pond's edge (ordinary high water level) where it is possible to do so. With a 50- 60 foot buffer strip in place, it should be easy to at least meet a 100 foot setback. Please continue to keep Area Hydrologist Pat Lynch apprised of the development as it proceeds. We agree with you that there should be much public benefit to this project when it is completed. Sincerely, DIVISION OF WATERS ty~~c ~ John Linc Stine Water Management Administrator C: Pat Lynch Dale Homuth Peder Otterson Prior Lake - Spring Lake Watershed District Scott County Planning & Zoning Document file name EXHIBIT 2 Ifti-s'~ UJ.. t.L Minnesota Department of Natural Resources Waters 500 Lafayette Road St. Palll. Minnesota SS 155-4032. August 26, 2002 Mayor Jack Haugen City of Prior Lake 16200 Eagle Creek A venue SE Prior Lake, Minnesota 55372-1714 Dear Mayor Haugen: R.E: ShoreiaIld Rec~as5ificatioH, Bass Lake (#70-78"..V), Ciry of Prior Lak~, SCDn County The Department of Natural Resources has reviewed the City's June 6, 2002, request to consider reclassification of the shoreland of Hass Lake (#70-78W) from Natural Environment to Recreational Development. The City'sjustification is noted along with the recommendation for approval by Area Hydrologist Pat Lynch. In his review, Mr. Lynch stated that Hass Lake is a 31- acre, type 4 wetland having roughly 4300 feet of shoreline and an average depth of two feet. As such, it has little recreational value to future riparian owners or the general public. Our principle concern for the lake lies in preserving its water quality and adjacent habitat. As such, it does retain value as potential parkland and passive open space. Accordingly, we support the City's intention to acquire and/or protect the riparian area and adjacent steep slopes and bluffs on the western side of the lake. With the future expansion ofCR 42 to the north and the existing golf course to the south, the actual development of riparian lakeshore should not exceed 50% of the shoreline. Therefore, the Department of Natural Resources approves of the City's request to rezone the shoreland of Hass Lake to meet the standards of Recreational Development lot sizes and uses. However, because of its small size, shallow depth and adjacent wetlands, we require that Hass Lake remain classified as Natural Environment for purposes of structural setback (150 feet) and preservation ofthe shore impact zone (75 feet). Please provide Area Hydrologist Pat Lynch at our Central Region office located at 1200 Warner Road, St. Paul, Minnesota, 55106, with a certified copy of your amended zoning ordinance once the changes have been made. If you have any questions, please contact Area Hydrologist Pat Lynch at 651-772-7917. Sincerely, ~~~:~~ Administrator, Permits and Land Use Section PU: 2 9 leaL c: Dale Homuth, DNR Regional Hydrologist Pat Lynch, DNR Area Hydrologist Peder Otterson, DNR Shore land Hydrologist Prior Lake-Spring Lake Watershed District :j,': J b--'-'--'--"~:./: , '-- . Document file name DNR Information: 651-296-6157 . 1-888-646.6367 . TIY: 651-296-5484 . 1-800-657-3929 An Equal Opportunity Employer Who Values Diversity o Printed on Recycled Paper Containing a Minimum of 10% Post-Consumer Waste