HomeMy WebLinkAbout7F Setbacks for Wetlands
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
STAFF AGENDA REPORT
7F
DEB GAR ROSS, ASSISTANT CITY PLANNER
CONSIDER ORDINANCE 94-01 ESTABLISHING SETBACKS AND
LOT AREA STANDARDS FOR PROPERTIES ADJACENT TO
NATURAL AND MAN-MADE WETLANDS.
JANUARY 3, 1994
The purpose of this item is to consider an amendment to the City
Code and Subdivision Ordinance 87-10 establishing minimum
setbacks and lot area for properties located adjacent to natural and
man-made wetlands. The Ordinance is written to apply to new
subdivisions. See attached information for details.
Ordinance 94-01 is a result of a recommendation from the City's
consultant engineer to delineate a minimum setback from
structures and/or building pads to the 100 year flood plain of natural
and man-made wetlands. A setback from such features is
commonly found in Subdivision Ordinances of other communities.
Staff re-evaluated Section 6-6-4(F) of the Subdivision Ordinance
which permits a developer to plat lots adjacent to natural features
with only 50% of the lot area outside of the 100 year flood elevation
of a waterbody. The provision was included in the Subdivision
Ordinance prior to enactment of the 1990 Wetlands Conservation
Act in an attempt to provide incentive for a developer to retain
wetlands. However, the Wetlands Conservation Act adequately
addresses preservation and mitigation measures, therefore the
50% lot area requirement is no longer necessary. In fact, the 50%
policy results in dense development adjacent to natural features
that the City has traditionally desired public access and/or view. For
instance, using the 50% rule, lots, for all practical purposes, can be
5,000 square feet. The remaining 5,000 square feet consists of
wetland, either natural or man-made.
Subdivision designs have been encouraged that promote the
retention of natural features such as public open space for park
and/or trail systems. The deletion of the 50% rule would require
100% of the lot area to be calculated above the 100 year flood plain
of a wetland. The Zoning Ordinance currently requires 100% of the
minimum lot area to be calculated above the 100 year flood plain of
lakes. The change in the 50% rule proposed via Ordinance 94-01,
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55~7_2 I Ph. (612) 447-4230
AN EQUAL oppoitfUNITY EMPLDYER
Fax (612) 447-4245
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ISSUES:
DISCUSSION:
will make lot area calculations for wetlands compatible with existing
calculations required for lakeshore lots. The result will be
decreased density adjacent to wetlands and implementation of the
30' proposed setback would assure a minimum rear yard for
property owners. The drawback to deletion of the 50% rule is that
the City's fee structure is based upon collecting dollars from
permits, assessments etc.... Each change in development
standards that results in decreasing unit density, will cost the City
valuable future revenue and ultimately increase the City's facility
maintenance costs. In short, development will be less likely to pay
its own way.
The primary issues are that the change in the 50% rule will impact
subdivisions such as Knob Hill and Wensmann Realty because
they have been planned according to the existing regulations. In
addition, the City Council must consider the potential fiscal impact
related to adoption of proposed Ordinance 94-01. Staff is of the
opinion that the Ordinance will result in subdivision design that is
more considerate of the ultimate homeowner by providing a
minimum rear yard. In addition, the Ordinance would promote
objectives of the Comprehensive Plan to retain natural features and
provide sufficient public access to them via parks and trails
systems. The opportunity to provide visual exposure to wetlands
will be enhanced as a result of the Ordinance adoption.
The Planning Commission held a public hearing to consider
Ordinance 94-01 on December 2, 1993 and recommends that the
City Council approve the Ordinance. One issues raised by the
Planning Commission concerns the impact of Ordinance 94-01 on
the Park dedication/credit provisions of the Subdivision Ordinance.
The Planning Commission recommended that an analysis be
brought back before the Commission. Staff is of the opinion that this
Ordinance will not impact the park land credit. Ordinance 94-01
merely requires that 100% of the lot area be calculated above the
100 year flood plain and establishes a minimum 3D' setback for
building pads/structures. The Ordinance does not prohibit platting
wetlands as part of a lot, it requires lots adjacent to wetlands to be
larger to accommodate the wetland. The result is a lot that has
sufficient area to build and provide "up-land" area for the yard.
The park land dedication is a separate issue. The City has the
authority via the Subdivision Ordinance to take a ten percent land
or cash dedication for park purposes. The City Council has ultimate
approval authority over subdivision design and can therefore
regulate what land can be dedicated for specific park purposes. If
the Council desires to change the credit value of land features
dedicated for park purposes, a separate Subdivision Ordinance
amendment and public hearing would be required. Any
amendments that impact the Park system should be developed
through Bill Mangan and the Park Advisory Committee. In the event
that the City Council desires to review the park land dedication
section of the Subdivision Ordinance it would be prudent to give
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direction to Parks Director, Mangan, related to the issues to be
evaluated.
ALTERNATIVES:
1.
2.
3.
Approve Ordinance 94-01 as written.
Table or continue this issue for further information or
discussion.
Deny adoption of Ordinance 94-01 finding that it is not
consistent with the provisions of the Subdivision and
Zoning Ordinances nor policies of the Comprehensive Plan.
RECOMMENDATION: Alternative #1. The DRC and Planning Commission recommend
that Ordinance 94-01 as written.
ACTION REQUIRED: A motion to approve Ordinance 94-01. A 4/5 majority of the City
Council is needed to amend the Subdivision Ordinance.
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"S60200"
CITY OF PRIOR LAKE
ORDINANCE NO. 94-01
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE SECTION 6-2-1 AND 6-6-4 AND
PRIOR LAKE SUBDIVISION ORDINANCE 87-10, SECTION 6-2-1 AND 6-6-4 (F).
I
The Council of the City of Prior Lake does hereby ordain:
The Prior Lake City Code Section 6-2-1 and Subdivision Ordinance 87-10, Section 6-2-1, is
hereby amended to add the following definition:
DETENTION POND:
An impoundment that has a permanent pool of water and also has
the capacity to temporarily store storm water runoff until it is
released from an outlet structure.
The Prior Lake City Code Section 6-6-4 and Prior Lake Subdivision Ordinance 87-10, Section
6-6-4(F), is hereby amended to read as follows:
6-6-4(F):
Wetland or Detention Pond: Any lot abutting or including a wetland or detention pond within a
Residential Zoning District, shall have one-hundred (100) percent of the minimum lot size
requirement for the zoning district, as identified in the Prior Lake Zoning Ordinance, outside of
the 1 OO-year flood elevation of the wetland or detention pond.
1. For all Residential Zoning Districts, the subdivision grading plan shall indicate a
minimum setback of thirty (30) feet measured from the 100 year flood elevation
of the wetland or detention pond to the building pad or house 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 _ day of -,1994.
ATTEST:
City Manager:
To be published in the Prior Lake American on the
Mayor.
day of
, 1994.
Drafted By:
Lommen, Nelson, Cole & Stageberg, P.A.
1800 IDS Center
Minneapolis, Minnesota 55402
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MEMORANDUM
TO:
FROM:
RE:
DATE:
PLANNING C01vlMlSSION
HORST W. GRASER, DIRECTOR OF PLANNING
ORDINANCE NO. 94-01
DECE1vffiER 2, 1993
The Development Review Committee (DRC) has recommended for adoption, Ordinance No.
94-01. which will increase the setbacks between wetlands, detention ponds, and residential
structures. Several months ago the Public Works Department brought this issue to the DRC.
Approximately two years ago. Minnesota passed the Wetlands Conservation Act and the
Metropolitan Council has since required water quality management techniques in developments.
Both laws have had tremendous ramifications in land development which are:
1. All wetlands are for the most part protected and must be given to the City at time
of development. Previously only Type 3. 4. and 5. were DNR protected.
2. Wetlands can no longer be used as desiltation ponds.
3. Since wetlands must be preserved, pretreatment of storm water is required prior to
discharge into wetlands.
4. All developments must maintain their storm water discharge rates and volumes to
predevelopment figures. This requires the construction of storm water quality
ponds in residential subdivisions. The placement of the water quality ponds is not
at issue but the relationship of the residential structure to the ponds.
Both of these laws have advanced the protection and respect for natural features in the
conversion of rural to urban land. Prior Lake's Comprehensive Plan has had these objectives for
12 years. but without the benefit of implementation. The existing plan and plan draft propose to
keep these identity giving natural features in the public domain as a shared resource. The
proposed ordinance would promote the following:
1. Require the minimum lot size of the district to be totally outside the wetland and
detention pond. The current ordinance requires only 50% of the lot to be outside
the boundary of a natural feature. The principle behind the 50% was to give
incentives to developers not to fill wetlands. 1bis is no longer an issue since
wetlands are now protected by state legislation.
2. Establish a 30 foot setback from the 100 year flood plain of the wetland or pond.
City Engineer Anderson feels the 30 foot separation will enhance the safety for
children and also provide needed back-yard open space.
3. Promote the Comprehensive Plan by allowing the opportunity for visual openings
and shared space between homes and wetlands.
4629 Dakota St SE., Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 4474245
AN EQUAL OPPORTUNITY EMP1.OVER
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4. Require lower density since wetlands and ponds cannot be used for calculating
minimum lot sizes.
5. Will have a negative impact on Prior Lake's fiscal management tools relative to
funding improvement programs. Some fees may have to raised. The net affect
will be higher housing costs.
A representative of the Public Works Department will be present to answer questions.
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PLANNING COl\11\flSSION
J l\fiNlJTES
Thursday, December 2, 1993
The December 2, 1993, Planning Commission Meeting was called to order by Chairman Arnold
at 7:30 P.M. Those present were Commissioners Roseth, Arnold, Greenfield, Loftus, Vonhof,
Director of Planning Horst Graser, Associate Planner Gina Mitchell, and Secretary Rita Schewe.
REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY GREENFIELD, SECOND BY LOFTUS, TO APPROVE mE MINUTES AS
WRITTEN.
Vote taken signified ayes by Greenfield, Loftus, Arnold, Vonhof, and Roseth. MOTION
CARRIED.
A recess was called from 7:31 P.M. to 7:35 P.M at which time the next agenda item was
scheduled.
ITEM I - PUBLIC HEARING - TO CONSIDER ESTABLISHING MINIl\fUM
SETBACKS FROM MAN-MADE ~1\rD NATURAL WETLANDS
The Public Hearing was called to order at 7:35 P.M. by Chairman Arnold. The public was in
attendance and a sign-up sheet was circulated.
Horst Graser, Director of Planning, presented a summary on the background of the Stonnwater
Management Program. The issue was brought to the attention of the Development Review
Committee by the Public Works Department several months ago. Policies were developed to
prevent developers from filling, altering, or changing our natural wetlands. Metropolitan
Council mandated that cities focus on water quality treatment. NURP ponds were implemented
and maintained. The setback proposed is 30 feet from the 100 year flood plain level. The entire
lot would be outside of the setback where in the past only 50% was required to be outside. 'This
would decrease density which in turn could increase the future fees for developers and
maintenance costs for the City of Prior Lake.
Engineer Anderson felt it was crucial that setbacks be maintained to protect ponds. wetlands, and
to provide a minimum rear yard for residents. The lot area increase would encourage open space
for public use and possibly introduce trails around the ponds and wetlands. Developers are
reluctant to place homes further away from ponds as they wish to maximize the number of units
per development.
,
Mr. Anderson, stated that all developments over 5 acres will have water quality ponds in them.
This setback would result in a lower density adjacent to wetlands. A 30 foot setback from the
100 year flood plain is the proposed figure. Several overheads were shown i11ustrating various
PLANNING COMMISSION
December 2. 1993
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As the next Public Hearing was scheduled for 8;00 P.M., this Public Hearing was continued to
the end of the evening's agenda.
ITEM II - PUBLIC HEARING - TO CONSIDER REZONING FOR THE LEO
YTF.RLING PROPERTY FROM 1-1 TO A-I
The Public Hearing was called to order at 8:00 P.M. by Chainnan Arnold. The public was in
attendance and a sign-up sheet was circulated.
Horst Graser, Director of Planning, presented the infonnation as per memo of December 2, 1993.
The purpose of the hearing is to rezone approximately 80 acres of property owned by Leo
Vierling from Industrial to Agricultural.. This property was removed from the Urban Service
Area approximately four months ago as an exchange parcel for The Wilds in the Comprehensive
Plan Amendment. It is necessary to rezone the 80 acres of the Vierling property from 1-1 to A-I,
a land use consistent with the Rural Setvice Area policies, Urban Setvice Area and Land Use
Plan of the Comprehensive Plan. In the interim of approving the Comprehensive Plan, it is
prudent to rezone this property from 1-1 to A-I as the City of Prior Lake does not allow industrial
construction without sewer and water. Staff has prepared Ordinance No. 93-30 for the Planning
Commission to recommend approval to the City Council.
Leo Vierling, 14091 Eagle Creek Avenue, asked for clarification on the proposed ordinance. Mr.
Graser explained the process.
Comments from the Commissioners were on; issue is a matter of fonnality, designation of
industrial zone, and all were in consensus with approval.
MOTION BY GREENRELD, SECOND BY ROSETH, TO RECOMMEND TO THE CITY
COUNCIL TO APPROVE AN ORDINANCE AMENDING PRIOR LAKE CITY CODE
SECTION 5-2-1 AND PRIOR LAKE ZONING CODE ORDINANCE NO. 83-6 SECTION 2.1.
RATIONAL BEING THIS WOULD BRING THAT PART OF THE ZONING MAP INTO
COMPLIANCE WITH THE CURRENT COMPREHENSIVE PLAN.
Vote taken signified ayes by Greenfield, Roseth, Loftus, Vonhof, and Arnold. MOTION
CARRIED.
MOllON BY ROSETH. SECOND BY VONHOF, TO CLOSE THE PUBLIC HEARING.
Vote taken signified ayes by Roseth, Vonhof, Arnold, Loftus, and Greenfield. The Public
Hearing was closed at 8:20 P.M.
A recess was called at 8:20 P.M. and the meeting was reconvened at 8:30 P.M.
ITF.Mll1-VARIANCE - ROD DEHMLOW AUTO SALES
Commissioner Roseth stated as he has an on-going business arrangement with the applicant and
therefore withdrew from the proceedings.
Bernie Mahowald. of Mahowald Builders. represented the applicant Rod Dehmlow, owner of
Rod Dehmlow Auto Sales. Mr. Mahowald stated the applicant is in the business of reselling and
refurbishing cars and wishes to enlarge his establishment to accommodate a show room and is
requesting the variance for this purpose. Mr. Mahowald then asked what procedure would be
PLANNING COMMISSION
December 2. 1993
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the Sif:n Or,lill:lncc, H("w:l~ nlso nci\'i~e'd th:\t the City of Prior L1ke Sign Ordinance prohihits
roof signs.
Gina Mitchell. Associate Planner, presented the infonnation as per memo of December 2, 1993.
TIle existing building was constructed in June of 1983 and was in compliance with the codes at
that time. On June 29. 1993, the City Council adopted a new Zoning Ordinance requiring 8 50
foot setback from Slate Trunk Highway 13 right-of-way. The applicant's request is for a 9 foot
variance from the 50 foot setback in order to extend the wall of an existing building to the north.
Staffs recommendation is to approve the application as requested as the hardship is a result of
adoption of different Zoning Ordinance ;setbacks and is not due to the actions of the applicant.
Comments from the Commissioners were on; the application does meet criteria, future Highway
13 expansion, glad to see a Prior Lake business growing. and discussed other issues such as
landscaping, lighting, and exterior finishes.
MOTION BY LOFfUS, SECOND BY VONHOF, TO APPROVE THE NINE (9) FOOT
FRONT YARD VARIANCE FROM STATE TRUNK HIGHWAY 13 RIGHT-OF-WAY.
RATIONALE BEING THE BUll..DING WAS CONSTRUCTED WIlli FORMER ZONING
ORDINANCE 75-12 AND MADE NON-CONFORMING BY THE ADOPTION OF
ORDINANCE 83-6. HARDSHIP CRITERIA HAS BEEN MET. THE HARDSHIP IS A
RESULT OF ADOPTION OF DIFFERENT ZONING ORDINANCE SETBACKS AND IS
NOT DUE TO ACTION OF THE APPLICANT,
Vote taken signified ayes by Loftus, Vonhof, Greenfield, and Arnold. MOTION CARRIED.
The Public Hearing on Stonnwater Management.Program was recalled to order at 8:48 P.M.
Comments from the Commissioners were on; structure of detention pond, maintenance of
ponds, affect on park dedication fees, piping and reconstruction costs, size of ponds, safety
measures in place, detennination of 100 year flood plain and elimination of park credit to
developers.
Commissioner Greenfield felt this proposal just had a postage stamp effect and should be looked
at further in regards to what affect the ponds would have on the overall scheme of the open
space.
MOTION BY LOFfUS, SECOND BY ARNOLD, TO RECOMMEND lliE ADOPTION OF
ORDINANCE 94-01 AMENDING PRIOR LAKE CODE SECTION 6-2-1 AND 6-6-4 AND
PRIOR LAKE SUBDIVISION ORDINANCE 87-10, SECTION 6-2-1 AND 6-6-4(F).
Commissioner Greenfield raised a question on the definition of detention ponds, land valuation,
and the implementation to the ordinance.
Vote taken signified ayes by Loftus, Arnold, Greenfield, Roseth, and Vonhof. MOTION
CARRIED.
A directive was given to Staff to investigate amending City Code Section 6-6-8E related to
credits for park land dedication and be brought back to the Planning Commission.
MOTION BY LOITUS, SECOND BY VONHOF, TO CLOSE THE PUBLIC HEARING.
Vote taken signified ayes by Loftus, Vonhof. Roseth. Arnold, and Greenfield. MOTION
CARRIED.
PLANNING COMMISSION
December 2, 1993
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MOT10~ BY LOFTUS.'SECOND BY ROSETH. TO :\DJOl'k~ THE t\1EETING.
Vole laken signifil'd "yes by Loftus, Roseth, Arnold, Vonhof. and Greenfield. MOllON
CARRIED.
The meeting adjourned al 9:50 P.M. Tapes of the meeting are on file 31 Cily Hall.
Horst W. Graser
Director of Planning
Rita M. Schewe
Recording Secretary
PLANNING COMMISSION
December 2., 1993
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CfIY OF PRIOR LAKE
NOTICE OF PUBLIC HEARING TO AMEND THE
PRIOR LAKE SUBDIVISION ORDINANCE
You are hereby notified that the Planning Corrurussion will hold a public hearing in the City
Council Chambers located at City Hall, 4629, Dakota Street S.E. on Thursday. December 2, 1993
at 7 :35 p.m.
The purpose of this public hearing is to consider a proposed amendment to Prior Lake City Code
and Subdivision Ordinance 87-10.
The proposal is to amend the Ordinance as follows:
DELETE:
6-6-4 (F):
Watercourses: Any lot abutting or including a wetland, watercourse or marsh shall have at least
fifty percent (50%) of the minimum lot size for that district as found in that Zoning Ordinance
outside of the above referenced natural feature.
INSERT:
6-5-4 (F):
Waterbody: Any lot abutting or including a wetland, lake. or other waterbocly shall have
one-hundred (100) percent of the minimum lot size requirement for the zoning district, as
identified in the Prior Lake Zoning Ordinance, outside of the 100 year flood elevation of the
watercourse.
1. The subdivision grading plan shall indicate a minimum setback of thirty (30) feet
measured from the 100 year flood elevation of the waterbody to the building pad.
If you are interested in this issue. you should attend this public hearing. The Planning
Commission will accept oral and/or written comments. Questions related to this hearing should
be directed to the Prior Lake Planning Department by calling 447-4230 between the hours of
8:00 a.m. and 4:30 p.m., Monday through Friday.
Prior Lake Planning Commission
To be published in the Prior Lake American on November 20th and 27th, 1993.
4629 Dakota St. S.E.. Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER I
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RESOLUTION NO 94-05
RESOLUTION IN SUPPORT OF AN APPLICATION
FOR SERVICE BUDGET MANAGEMENT MODEL GRANT
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WHEREAS, reducing congestion on highways and local streets is a high priority for
communities throughout the metropolitan area; and .'.1
WHEREAS, the cities of Richfield, Prior Lake, Savage, Bloomington, Apple Valley,
Eagan, Rosemount, Edina, Lakeville, Burnsville, the Minnesota Valley Transit Authority
and Dakota County have joined in an effort to provide planning and implementation
services related to a high speed bus effort; and
WHEREAS, the Board of Government Innovation and Cooperation has requested
grant proposals from local units of government; and
WHEREAS, the High Speed Bus Project clearly qualifies for the grant as indicated by
the criteria established by the Board of Government and Cooperation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Prior Lake, Minnesota
as follows:
Section 1. That the City Manager is hereby authorized to execute an application
form for service budget management model grant.
Section 2. That the Mayor and City Council hereby encourage favorable
consideration of this grant request.
Adopted by the city council of the City of Prior Lake this ant day of January,_ 1994.
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Mayor
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