HomeMy WebLinkAbout10C - Ord Amend Bluffs
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
DECEMBER 15, 2003
10C
CYNTHIA KIRCHOFF, AICP, PLANNER
JANE KANSIER, PLANNING COORDINATOR
AGENDA ITEM:
. CONSIDER APPROVAL OF A ZONING ORDINANCE AMENDMENT TO
ADD LANGUAGE TO CLARIFY THE DEFINITION OF A BLUFF (Case
File #03-132)
INTRODUCTION:
Historv: At their October 27, 2003, meeting the Planning Commission
initiated an amendment to the Zoning Ordinance text to expand the
definition of bluff to include language from Minnesota Rules 6210.2500.
On November 4, 2003, the Planning Commission held a public hearing on
this item, and recommended approval by a unanimous vote, because they
felt the change was necessary to clarify what is considered part of a bluff.
Backaround: The Shoreland Ordinance regulates the development of
steep slopes or bluffs within in the shoreland overlay district of any lake or
other water body. The Shoreland Ordinance is based upon the Minnesota
Rules promulgated by the Department of Natural Resources. The current
bluff definition is taken directly from the Rules. Section 1101.400 of the
Zoning Ordinance defines a bluff as:
. A topographic feature such as a hill, cliff, or embankment having the
following characteristics:
~ Part or all of the feature is located in a Shoreland area;
~ The slope rises at least 25 feet above the ordinary high water
level of the water body;
~ The grade of the slope from the toe of the bluff to a point 25 feet
or more above the ordinary high water level averages 30% or
more; and
~ The slope must drain toward the water body.
The following illustration accompanies the bluff definition.
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Phone 952.447.4230 / Fax 952.447.4245
BLUFF AND BLUFF IMPACT ZONE
Bluff Impac' Zone
Bluff (Slope- 30% or Gr....r)
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In January 1998, the Zoning Ordinance was amended to exclude the
language "an area with an average slope of less than 18 percent over a
distance for 50 feet or more shall not be considered part of the bluff." The
impetus of the 1998 amendment was an appeal of the Zoning
Administrator's determination of the top of the bluff on property located at
16091 Northwood Road. The language that excluded what is essentially a
"plateau" between steep slopes was thought to create too much confusion
for the property owner.
Within the last year the top of bluff determination issue has resurfaced,
. and staff believes that the repealed language should be incorporated into
the definition.
DISCUSSION:
Issue: The current ordinance does not address the criteria that a flat
surface has to comply with in order to be considered not part of the bluff.
Recently, a property owner contested staff's determination of the top of
bluff, and contended that the flat area where the house is located is not
part of the bluff because the slope is less than 30 percent. (Note: The
entire lot was in the bluff.) The allegation was that since Prior Lake's
ordinance did not adopt that portion of the state rules that clarifies what is
not part of the bluff, the ordinance permitted their interpretation. That is,
because it is not explicitly prohibited, it is impliedly permitted.
The proposed amendment will make it clear that the flat area (i.e.,
segment) must be a distance of 50 feet or greater. It is as follows:
"An area with an average slope of less than 18 percent over a distance for
50 feet or more shall not be considered part of the bluff."
. Zoninq Ordinance Amendment Findinqs
Section 1108.600 of the Zoning Ordinance states that recommendations
of the Planning Commission and final determinations of the City Council
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CONCLUSION:
AL lERNA liVES:
RECOMMENDATION:
shall be supported by findings addressing the relationship of the proposed
amendment to the following policies:
1. There is a public need for the amendment.
Finding: There is a public need for the amendment. It will clarify what
natural features are regulated by the bluff ordinance.
2. The amendment will accomplish one or more of the purposes of
this Ordinance, the Comprehensive Plan, or other adopted plans or
policies of the City.
The Zoning Ordinance purports to:
. Enhance the aesthetic character and appearance of the City.
. Prevent over crowding of land and undue concentration of structures
and population by regulating the use of land and buildings and the
bulk of buildings in relation to the land surrounding them.
Objectives and policies of the Comprehensive Plan include:
. Enact and maintain policies and ordinances to ensure the safety and
preservation of property.
. Provide for conservation and protection of the natural environment.
Finding: The proposed amendment strives to accomplish the purpose of
the Zoning Ordinance and the objectives and policies of the
Comprehensive Plan by clarifying the definition of a bluff.
3. The adoption of the amendment is consistent with State and/or
Federal requirements.
Finding: This amendment is consistent with Minnesota Rules.
The proposed amendment will exclude flat areas in bluffs that are 50 feet
in length or greater and maintain an average slope of less than 18
percent. The language is consistent with Minnesota Rules 6120.2500.
Based upon the findings set forth in this report, staff recommends
. approval. The Planning Commission supported staffs recommendation.
The City Council has three alternatives:
1. Adopt the ordinance amendment to clarify the definition of a bluff.
2. Deny the ordinance amendment.
3. Defer this item and provide staff with specific direction.
Staff recommends Alternative #1. This action requires the following
motions:
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1. A motion and second amending the Zoning Ordinance to add
language to the definition of a bluff. Approval of this ordinance
requires a majority vote of the City Council.
ATTACHMENTS:
1.
2.
REVIEWED BY:
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY OF PRIOR LAKE
ORDINANCE NO. 03- XX
AN ORDINANCE AMENDING SECTION 1101.400 OF THE PRIOR LAKE CITY
CODE
The City Council of the City of Prior Lake does hereby ordain that:
1. Section 1101.400 of the Prior Lake City Code is hereby amended as follows:
Bluff. A topographic feature such as a hill, cliff, or embankment having the
following characteristics:
)> Part or all of the feature is located in a Shoreland area;
)> The slope rises at least 25 feet above the ordinary high water
level of the water body;
)> The grade of the slope from the toe of the bluff to a point 25 feet
or more above the ordinary high water level averages 30% or more;
and
)> The slope must drain toward the water body.
An area with an averaqe slope of less than 18 percent over a distance for
50 feet or more shall not be considered part of the bluff.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this _ day of _' 2003.
ATTEST:
City Manager
Mayor
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www.cityofpriorlake.com
1
Phone 952.447.4230 / Fax 952.447.4245
Published in the Prior Lake American on the _ day of
.2003.
YES NO
Haugen Haugen
Blomberg Blomberg
LeMair LeMair
Petersen Petersen
Zieska Zieska
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
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Planning Commission Meeting
November 24, 2003
Perez:
· Agreed with Commissioners on the designation. It is consistent with the
Comprehensive Plan.
· The comments from the neighbors are concerns with the Commissioners. We will
keep them in mind with the development.
. Move forward and agreed with the designation.
Open Discussion:
Atwood pointed out there is only going to be 6 acres out of 19 that will be developed.
There will be a feeling of green space. Much more so than other developments.
MOTION BY RINGSTAD, SECOND BY LEMKE, RECOMMENDING APPROVAL
OF THE REZONING OF THE PROPERTY LOCATED AT THE INTERSECTION OF
SCAR 42 AND PIKE LAKE TRAIL FROM A (AGRICULTURAL) TO R-4 (HIGH
DENSITY RESIDENTIAL).
Vote taken indicated ayes by all. MOTION CARRIED.
This matter will go before the City Council on December 15, 2003.
~ D. Case #03-132 An amendment to Section 1101.400 of the Zoning Ordinance to
add language to the definition of a bluff.
Planner Cynthia Kirchoff presented the Planning Report dated November 24,2003, on
file in the office of the City Planning Department.
At their October 27,2003, meeting the Planning Commission initiated an amendment to
the Zoning Ordinance text to expand the definition of bluff to include language from
Minnesota Rules 6210.2500.
The regulation of steep slopes or bluffs is regulated by the Shoreland Ordinance, which is
component of the Zoning Ordinance. The Shoreland Ordinance is based upon the
Minnesota Rules promulgated by the Department of Natural Resources. The current
bluff definition is taken directly from the Rules.
In January 1998, the Zoning Ordinance was amended to exclude the language "an area
with an average slope ofless than 18 percent over a distance for 50 feet or more shall not
be considered part of the bluff." The impetus of the 1998 amendment was an appeal of
the Zoning Administrator's determination of the top ofthe bluff on property located at
16091 Northwood Road. The language that excluded what is essentially a "plateau"
between steep slopes was thought to create too much confusion for the property owner.
Within the last year the top of bluff determination issue has resurfaced, and staff believes
the repealed language should be incorporated into the definition.
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12
Planning Commission Meeting
November 24, 2003
The proposed amendment will exclude flat areas in bluffs that are 50 feet in length or
greater and maintain an average slope of less than 18 percent. The language is consistent
with Minnesota Rules 6120.2500, therefore staff recommended approval.
There were no comments from the public.
Comments from the Commissioners:
Lemke:
. Support the change. We all looked at it along with Commissioner Criego. This
will clear up some things.
· Mildly disappointed the illustration was not updated. Sometime in the near future
I will take that as a task and submit it to the City staff.
Ringstad, Atwood, Perez, Stamson:
. All agreed and supported.
MOTION BY ATWOOD, SECOND BY LEMKE, RECOMMENDING APPROVAL
OF THE PROPOSED AMENDMENT AS RECOMMENDED BY STAFF.
Vote taken indicated ayes by all. MOTION CARRIED.
This item will go before the City Council on December 15,2003.
6.
Old Business:
None
7. New Business:
A. Case #03-53 & 53 212 Development is requesting a Final Plat and a Final
PUD Plan consisting of 10.62 acres to be subdivided into lots for 24 townhouses to
be known as Crystal Bay Townhomes.
Planning Coordinator Jane Kansier presented the Planning Report dated November 24,
2003, on file in the office ofthe City Planning Department.
212 Development, LLC, has applied for approval ofa Planned Unit Development Final
Plat for the property located south ofCSAH 82, directly east of Fremont Avenue and
approximately Y2 mile west of CSAH 21. The proposal calls for a townhouse
development consisting of 24 dwelling units on 10.62 acres. The development also
proposes private open space and 21 boat slips for the use of the residents.
On September 15,2003, the City Council adopted Resolution #03-156 approving a
Planned Unit Development Preliminary Plan for this site, as well as a preliminary plat.
The resolution listed 11 conditions with approval. (See Resolution.)
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