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HomeMy WebLinkAbout9D - Prior Lake Baptist Chruch MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT SEPTEMBER 3, 2002 9D JANE KANSIER, PLANNING COORDINATOR CONSIDER APPROVAL OF AN ORDINANCE APPROVING AN AMENDMENT TO THE ZONING ORDINANCE PERTAINING TO WATER-ORIENTED ACCESSORY STRUCTURES (Case File #02-072) History: The purpose of this agenda item is to consider an amendment to the Zoning Ordinance pertaining to water-oriented accessory structures. The Planning Commission initiated this amendment on June 10, 2002. The Zoning Ordinance currently defines water-oriented accessory structures as follows: A building of 120 square feet or less used to store boating accessories and equipment located on lakeshore lots that contain steep slopes equal to or greater than 20% which because of the relationship of its use to a surface water feature reasonably needs to be located closer to the lakeshore ordinary high water mark (OHW) than the normal structural setback requirement. Section 1104.308 (4) regulates the use and location of these structures. This section currently reads as follows: (4) Water-Oriented Accessory Structures: One water-oriented accessory structure may be allowed per lot on General Development (GD) lakes that have Municipal sewer and water, provided a building permit is obtained from the City and the following criteria are met: a. The lot contains a slope equal to or greater than 20% measured from the front of the principal structure to the ordinary high water mark; and b. The structure shall not occupy an area greater than 120 square feet, and the maximum height of the structure must not exceed 10 feet, including the roof" and , 1:\02files\02ordamend\zoning\02-072\cc report, doc Page 1 16200 Eagle Creek Ave, S.E., Prior Lake, Minnesota 55372-1714 / Ph, (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER c. The structure shall be located in the most visually inconspicuous portion of the lot as viewed from the surface of the lake, assuming summer, leafon conditions. The minimum setback requirement must be at least 10 feet from the ordinary high water mark and must meet the other applicable side yard setbacks. The slope shall be verified by a certificate of survey prepared by a registered surveyor; and d. The structure shall not be designed or used for human habitation and shall not contain water supply or sewage treatment facilities. However, the structure may contain electrical and mechanical systems; and e. The structure shall be constructed of treated wood and/or block that is compatible with the principal structure and designed to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions; 'and f If the proposed structure will be located below the regulatory flood plain elevation, the structure shall be built compliant with applicable flood-proofing requirements of the Building Code and Section 1105 of this Ordinance; and g. Trees that are 4 inches in caliper or larger should not be removed for the erection of a water-oriented accessory structure. If removal is necessary, replacement with like trees shall be made with the approval of the Zoning Administrator. Erosion control measures shall be implemented and all disturbed vegetation replaced with sod or suitable landscaping materials; and h. The structure shall be attached to a permanent foundation so as to be immovable from its approved location. Both the definition and the regulations for these structures are more restrictive than the existing language in the Minnesota State Shoreland Rules. The additional restrictions are intended to limit the number and size of accessory structures on the lot, while at the same time allowing property owners with access and storage of recreational equipment on riparian lots with steep slopes. Current Circumstances: The Planning Commission discussed this amendment at a public hearing on July 22, 2002, and on August 12, 2002. The Planning Commission recommended approval of the proposed amendment. A copy of the draft minutes of the Planning Commission meeting is attached to this report. The attached draft ordinance outlines the proposed amendment. The ordinance has 2 sections: I: \02fi1es\02ordamend\zoning\02-072\cc report.doc Page 2 ALTERNATIVES: . DEFINITION: The definition of a water-oriented accessory structure is broadened to include structures used to store boating accessories and equipment, gazebos and screen houses. . REGULATIONS FOR WATER-ORIENTED ACCESSORY STRUCTURES: Section 1108.308 (4) is amended to allow water- oriented accessory structures on all riparian lots. The required setback for such structures with slopes exceeding 20% remains at 10' from the Ordinary High Water Elevation (OHW). The required setback for these structures on riparian lots with slopes less than 20% is established at 50' from the OHW. In addition, the language was revised to clarify the intent that these structures will be constructed of materials compatible with the principal structure. The Lake Advisory Committee considered this amendment on June 18, 2002. The LAC recommended approval of the amendment. 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; or . 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; or . The adoption of the amendment is consistent with State and/or federal requirements. Whether or not a water-oriented accessory structure should be allowed on all riparian lots is a policy issue. The current ordinance provisions were generally intended for aesthetic purposes. Earlier platted riparian lots tend to have smaller dimensions and less total area than is required for lots today. There has also been concern about the encroachment of structures on the lake. The staff has no objections to the proposed amendment. The proposed amendment will allow additional storage on riparian lots, and will still limit the encroachment of structures on the shoreline. Conclusion: Both the Planning Commission and the staff recommend approval of this amendment. The City Council has three alternatives: 1. Adopt an Ordinance approving the proposed amendment as recommended. 2. Deny the proposed Ordinance. 3. Defer this item and provide staff with specific direction. 1:\02files\02ordamend\zoning\02-072\cc report,doc Page 3 RECOMMENDED MOTION: REVIEWED BY: The staff recommends Alternative #1. A motion and second to adopt Ordinance 02-XX approving the amendment as recommended by the Planning Comm ssion. I: \02fi\es\02ordamend\zoning\02-072\cc report. doc Page 4 CITY OF PRIOR LA~/ 02-/'1 ORDINANCE NO. 02-r AN ORDINANCE AMENDING SECTIONS 1101.400 AND 1104.308 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: Water-Oriented Accessory Structure. A building of 120 square feet or less used to store boating accessories and equipment located on lakeshore lots, that contain steep slopes equal to or greater than 20% which because of the relationship of it's use to a surface water feature reasonably needs to be located closer to the lakeshore ordinary high water mark (OHW) than the normal structural setback requirement. Examples of such structures include structures used to store boatin2 accessories and equipment, 2azebos and screen houses. 2. Section 1104.308 (4) of the Prior Lake City Code is hereby amended as follows: (4) Water-Oriented Accessory Structures: One water-oriented accessory structure may be allowed per lot on General Development (GD) lakes that have Municipal sewer and water, provided a building permit is obtained from the City and the following criteria are met: a. The lot contains On riparian lots containin2 a slope equal to or greater than 20% measured from the front of the principal structure to the ordinary high water mark and verified by a certificate of survey prepared by a re2istered surveyor, one water-oriented structure meetin2 the criteria listed in para2raphs c-i of this subsection is permitted with a setback of not less than 10 feet from the ordinary hi2h water mark; and b. On riparian lots containin2 slopes less than 20 percent, one water-oriented accessory structure meetin2 the criteria listed in para2raphs c-i of this subsection is permitted with a setback of not less than 50 feet from the Ordinary Hi2h Water Elevation. c. The structure shall not occupy an area greater than 120 square feet, and the maximum height of the structure must not exceed 10 feet, including the roof; and d. The structure shall be located in the most visually inconspicuous portion of the lot as viewed from the surface of the lake, assuming summer, leaf-on conditions. The minimum s@tback requirement mm;t be at least 10 feet from th@ ordinary high wat@r mark and must meet tb@ other applicabl@ sid@ yard s@tbacks. The slope shall be verified by a certificate of Sl:H"V@Y prepafl!ld by a r@gister@d S1:lr\'€lyor; and I: \02fi les\02ordamend\zon ing\02-072\ord02xx.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 e. The structure shall not be designed or used for human habitation and shall not contain water supply or sewage treatment facilities. However, the structure may contain electrical and mechanical systems; and f. The structure shall be constructed of treated wood and/or block that is materials compatible with the principal structure and designed to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions; and g. If the proposed structure will be located below the regulatory flood plain elevation, the structure shall be built compliant with applicable flood-proofing requirements of the Building Code and Section 1105 of this Ordinance; and h. Trees that are 4 inches in caliper or larger should not be removed for the erection of a water-oriented accessory structure. If removal is necessary, replacement with like trees shall be made with the approval of the Zoning Administrator. Erosion control measures shall be implemented and all disturbed vegetation replaced with sod or suitable landscaping materials; and 1. The structure shall be attached to a permanent foundation so as to be immovable from its approved location. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 3rd day of September, 2002. ATTEST: City Manager Mayor Published in the Prior Lake American on the 14th day of September, 2002. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 1:\02files\02ordamend\zoning\02-072\ord02xx.doc PAGE 2 Planning Commission Meeting July 22, 2002 This item will EGO, SECOND BY , RECOMMENDING THE PORTION AND UTILI EASEMENT OVER LOT 89, BLOCK 1, THE DS SUBJECT THE CONDITIONS LISTED IN THE onON CARRIED. 6. Old Business: * A. Case #02-072 Consider an amendment to Sections 1101.400 Definitions and 1104.308 (4) Water Oriented Accessory Structures of the Zoning Ordinance. Planning Coordinator Jane Kansier presented the Planning Report dated July 22,2002, on file in the office of the Planning Department. The purpose ofthis public hearing is to consider an amendment to the Zoning Ordinance pertaining to water-oriented accessory structures. The Planning Commission initiated this amendment on June 10, 2002. The definition and the regulations for these structures are more restrictive than the existing language in the Minnesota State Shoreland Rules. The additional restrictions are intended to limit the number and size of accessory structures on the lot, while at the same time allowing property owners with access and storage of recreational equipment on riparian lots with steep slopes. Whether or not a water-oriented accessory structure should be allowed on all riparian lots is a policy issue. The current ordinance provisions were generally intended for aesthetic purposes. Earlier platted riparian lots tend to have smaller dimensions and less total area than is required for lots today. There has also been concern about the encroachment of structures on the lake. Staffhad no objections to the proposed amendment. The proposed amendment will allow additional storage on riparian lots, and will still limit the encroachment of structures on the shoreline. Comments from the public: Marv Mirsh, 15432 Red Oaks Road, appeared as a resident and president of the Prior Lake Association. Mirsh surveyed the Lake Association board with only 80% supporting the proposal. One of the concerns were the exceptions in Section 1104.308 2E and 2C. He stated he had a personal request that children's' play structures be allowed. Kansier said playhouses would fall under this if they are less than 120 square feet. Anything roofed would be under this ordinance. Anything permanent would not be allowed. L:\02FILES\02planning comm\02pcminutes\MN072202(a).doc 4 Planning Commission Meeting July 22, 2002 Swing sets are not structures. The Lake Association felt the materials should be quality products, the same materials as the house. Kansier explained the roof lines and measuring from the grade with the maximum of 10 feet to the midlevel of the roof. Rye said the top of the gable roof would be 12 feet with an 8 foot wall. Mirsh stated the Lake Association board supported the amendment. Comments from the Commissioners: Criego: · Questioned Lake Minnetonka's ordinance. Kansier briefly explained and commented on the survey from neighboring lake communities. Most of the lake lots are larger. · There is a reason for the ordinance as it stands. Other communities have gone through huge growth over the years. · The 50 foot setback seems reasonable. Concern for variances. Is this going to promote more variances? · Questioned the type of structures. Kansier went over some of the definitions. · Recommend to delete "boathouses". The perception is to have a big boathouse. The wording should be changed. · Questioned detached decks and platforms. Kansier explained the ordinance. · Why would the City want to allow detached decks when they allow platforms? Stamson said the concern was for steep slopes. The downside of detached decks is that it would give a way around a variance. · The tendency will be to put up detached decks. Platforms are fine and do not require permits. · Questioned flood plain regulations. Kansier explained the process. · Does not like putting structures near the lake within 75 feet. Concern for variances. It would be acceptable at 50 feet with no exceptions. Otherwise there is a potential for future problems. Everyone wants more storage. The lake needs to be protected. There are already storage sheds near the water. Do not want to see that continuing. Lemke: · Questioned playhouses being considered structures. What is being considered is not how the City would handle playhouses in the future versus how they are handled now. Kansier said under this proposal it would be similar to a shed. The rules would be the same. It actually places it closer than under the current ordinance. · Kansier said the City is not actively going out and restricting Rainbow swing sets and playhouses. The City does not consider them structures. If they create an impervious surface issue that would be something to look at more closely. · Agreed with Criego's comments. Ifa home is 50 feet from the lake, they do not need a storage shed between the home and the lake. . Fifty feet is reasonable. Ringstad: L:\02FILES\02planning comm\02pcminutes\MN072202(a).doc 5 Planning Commission Meeting July 22. 2002 . Surprised there is not more public comment for or against. It affects the lake and the residents. . Agreed with the Commissioners comments. Criego's comments - are we setting ourselves up for future variances? Lemke's comments - if someone is that close to the lake they probably have enough storage close enough. Stamson: . Staffs revision is what the Commissioners asked for. . Agreed with Criego's comments regarding the detached deck issue. Did not think it was necessary. Platforms are sufficient. . For clarity, just the way the ordinance is put together, take out the store boating accessories and equipment and add it to boathouses. Make sure it does not have boats, just equipment storage. . Include playhouses, not much difference between playhouses and sheds. . Just to make it clear - add "i" to the end. It would make it a lot clearer if "a" read like "i" and then made "i", "b". "a" would say "On lots containing slopes greater than 20% you can have one structure 20 feet. Then "b" would be for lots with slopes less than 20%. It is easier to compare. . Everything else is clear. . Agreed with the increase of variance requests. Would not grant a variance for a shed. It would be hard to prove a hardship, especially if your house is 50 feet away from the lake. . Rye said that language could be written in the ordinance. A regulation could be for permitted uses in the definition - for example a certain distance. One cannot get a variance for a use. When the dimension defines the use you can not get vanances. . Good approach. Open discussion: Criego: . Agreed with discussions - take out detached decks. Come up with a different word than "boathouse". Make sure the structure stores water equipment. Stamson: . Questioned the word "compatible" indicating the materials have to match the home. Kansier explained the materials uses. . Questioned compatible flood plain material. Rye and Kansier explained the options. Kansier asked clarification. Criego would like to see the deck language removed. The trouble with playhouses is that now uses are being combined. This ordinance is for water oriented structures. Stamson said it has been expanded for recreational water uses. Playhouses run with that. L:\02FILES\02planning comm\02pcminutes\MN072202(a).doc 6 Planning Commission Meeting July 22, 2002 Staff did not have a problem with that, but playhouses do not fall under the recreational equipment definition. The Commissioners concluded to eliminate playhouses and detached deck language. Change boathouses to indicate a structure to use water equipment. MOTION BY CRIEGO, SECOND BY LEMKE, DIRECTING STAFF TO INCORPORATE THE CHANGES IN THE ORDINANCE BASED ON THE COMMENTS AND PRESENT IT AT THE NEXT PLANNING MEETING. Vote taken indicated ayes by all. MOTION CARRIED. 7. 8. An ouncements and Correspondence: Developer Jim eanovic of Peter Andrea Company, pr ented a brief overview of the proposed Jeffers ond project. His contract is the n h half ofthe property under the Bob Jeffers Estate. Herb Wensmann of Wensm Homes has the southern area. Deanovic and Wens ann were involved in th ity's Long Term Vision 2020 Plan. From those meetings e developers drew i as from the citizens to incorporate into the site. The developers m with the City DNR numerous times and incorporated their concerns, including a 50 ot buffer e around the pond to comply with the DNR's wishes. The developers w Id inc de lifecycle housing. They are trying to give amenities to enhance Prior L et still make the project economical feasible. The density will not be enhanced 've percent ofthe entire site would be affordable rental units. There would be no mme ial space. They are working with the City to address all the issues. The area' 350 plus cres. If this moves forward, phasing would probably start in the spring of 03 and go 5 6 years. Kansier spoke b efly on the regional tra" concept with Three Rivers Regional Park and Scott County he City is working with DNR on reclassifying Jeffers Pond. issioners felt it was a great plan. der of the boat tour on July 29,2002. Adjournment: The meeting adjourned at 7:47 p.m. Don Rye Director of Community Development Connie Carlson Recording Secretary L:\02FILES\02planning comm\02pcminutes\MN072202(a),doc 7 Planning Commission Meeting August J 2, 2002 Criego stated this PUD. oject has no benefit to th~or Lake or the residents as a ,P" This item is te atively scheduled to go befo will not b public hearing. e City Council on September 3, 2002. It ~ B. Case #02-072 - Consider an amendment to Sections 11 01.400 Definitions and 1104.308 (4) Water Oriented Accessory Structures of the Zoning Ordinance. Planning Coordinator Jane Kansier presented the Planning Report dated August 12, 2002, on file in the office of the City Planning Department. The purpose of this public hearing is to consider an amendment to the Zoning Ordinance pertaining to water-oriented accessory structures. The Planning Commission initiated this amendment on June 10, 2002. The Planning Commission originally conducted a public hearing on July 22, 2002. Following discussion, the Commission directed staff to prepare an ordinance which would allow a decreased setback for specific water-oriented accessory structures. These uses include structures for storing boating accessories and equipment, gazebos and screen houses. A setback of 50' from the ordinary high water elevation will be allowed on lots with slopes less than 20%. The current provision allowing aID' setback on lots with slopes greater than 20% will still be in place. Whether or not a water-oriented accessory structure should be allowed on all riparian lots is a policy issue. The current ordinance provisions were generally intended for aesthetic purposes. Earlier platted riparian lots tend to have smaller dimensions and less total area than is required for lots today. There has also been concern about the encroachment of structures on the lake. The staff had no objections to the proposed amendment. The proposed amendment will allow additional storage on riparian lots, and will still limit the encroachment of structures on the shoreline. Criego questioned language from the last meeting restricting variance requests. Kansier explained the definition of "uses". Use variances are not permitted under State Statutes. Lemke questioned items "f' and "g" regarding the flood plain requirements. Kansier agreed the language seem redundant. This language is right out of the State Regulations and staffwill double check it before proceeding to Council. Criego felt the Commissioners should look at the flood plain language before a decision is made. L:\02FILES\02planning comm\02pcminutes\MN081202.doc 8 Planning Commission Meeting August 12, 2002 After a brief discussion, the Commissioners came up with appropriate language. There were no comments from the public. Comments from the Commissioners: MOTION BY CRIEGO, SECOND BY LEMKE, TO RECOMMEND CITY COUNCIL APPROVE THE DRAFT ORDINANCE WITH THE CHANGES. Vote taken indicated ayes by all. MOTION CARRIED. 7. New Business: 8. Announcements and Correspondence: 9. Adjournment: The meeting adjourned at 8:00 p.m. Jane Kansier Planning Coordinator Connie Carlson Recording Secretary L:\02FILES\02planning comm\02pcminutes\MN081202.doc 9