HomeMy WebLinkAbout8A Wetland Setbacks IUMBER:
RED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
8(A)
BILL MANGAN, DIRECTOR OF PARKS AND RECREATION
REVIEW ORDINANCE 94-01, SETBACKS FOR WETLANDS
TO DETERMINE IMPACT ON PARK DEDICATION.
DECEMBER 19, 1994
This item is on the agenda at the request of the City Council. The
Council wants to make sure that the new ordinance is reviewed by
the Parks Advisory Committee to determine what impact it may
have on the Park Dedication requirement.
In the Subdivision Ordinance, section 6-6-4 (F) states that the
subdivision grading plan indicates that there will be a minimum of
a thirty (30) foot setback from the 100 year flood elevation of the
wetland to the building pad. In some instances, this may pose a
problem for parks and open space in those areas that will have
development on them. However, each situation will have to be
adch'essed as part of the park dedication review.
In addition, Section 6-6-8, Park Dedication, delineates the
differences for slope and soils and the amount of credit to be
applied. The City Council would like a review of that section as
well and a recommendation to either accept this portion or make
specific changes to it.
As far as the Wetland Setback portion, staff is comfortable with the
new ordinance and can adapt to the regulations as part of the
negotiations for the park dedication requirement.
Regarding the Land Characteristics and Values assigned, this gets a
bit more complicated. Them are some lands located within Prior
Lake, for example, that should be preserved forever. An example
of this would be the Jeffers Ridge along County Road 21. Under
cun'ent ordinance, a developer would be given a 25% credit for this
ridge because it is greater than a 20% slope. This would allow the
city to protect the amenity yet not use up the entire 10% allocation
to protect the amenity.
Similafily, if there is a marsh or a marginal wetland that the City
needs to preserve for open space or for storm water management,
again staff must negotiate with the developer for something that
the city wants, and then determine whether it is storm water
management or park dedication. Past policy would indicate that
the pond or marsh cannot serve both functions yet them are ponds
that am part of parks and open space.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
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An example of how this ordinance was put to a good test was the
Cardinal Ridge Preliminary Plat. With this plat, over 1/3 of the
plat was dedicated as open space for either parks or storm water
management. The steep slopes and woodlands on the south end of
the plat were preserved as steep slopes and credited accordingly.
Without this ordinance, the city would have received less than
one-half of the park land dedicated and would have had to
purchase additional land for preservation.
There are three alternatives for the City Council to consider:
1. A motion that Subdivision Ordinance 6-6-8 not be changed
allowing staff flexibility in negotiating parks and open
space;
2. A motion to direct staff to continue to research Subdivision
Ordinance 6-6-8 for changes or modifications as
recommended by the City Council;
3. Table this item until some date certain in the future.
Staff would recommend that Subdivision Ordinance 6-6-8 be left
in existing form. It allows the city more flexibility and has not
been a problem for developers in the past. If this ordinance were
to change to only allow stable, flat, upland parcels for parks and
open space, it would end up costing the city money to purchase
land that is called for in the Comprehensive Plan that should
remain open space.
A motion would be in order to reflect City Council discussion
regarding the three .
6-6-4:
(^)
(B)
(c)
(D)
(E)
(F)
(G)
(H)
LOTS:
Location: All lots shall have frontage on a publicly dedicated street or a street that has
received legal status except that lots in Planned Unit Developments may have frontage
on a private road or street. Frontage on a street shall be measured at the setback line.
Size: The lot dimensions and areas shall comply with requirements specified in the Prior
Lake Zoning Ordinance.
Side Lot Lines: Side lot lines shall be approximately at right angles to straight street lines
or radial to curved street lines.
Double Frontage Lots: Double frontage lots shall be avoided except where lots back on
an arterial or collector street.
Comer Lots: Comer lots for residential use shall exceed the minimum width and area
requirement for that district by twenty pement (20%).
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 100-year flood elevation of the wetland or detention pond.
For all ResidentialZoning Districts, the subdivision grading plan shall indiicate 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. (Ord.
94-01).
Lot Remnants: All remnants of lots below minimum size remaining after subdivision of a
larger tract must be added to adjacent lots rather than allowed to remain as unusable
parcels.
Butt Lots: Butt lots in residential districts shall be platted at least twenty percent (20%)
wider than the minimum width for that district.
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6-6-6:
(^)
(c)
(D)
(E)
(F)
NATURAL FEATURES: (Ord. 93-5)
Wild Life Habitat and Water Recharge Areas: Marsh areas which are part of the
proposed development shall be analyzed for purposes of preservation as potential wild
life habitat for birds and animals as well as to continue providing water purification and
recharge areas for the lake of Prior Lake. ff the City Council determines that marsh areas
serve the public in one or mere of these functions then they may require preservation in
whole or in part. Any alterations or disturbance shall comply with the requirements of the
Wetland Conservation Act, and other legislation that may limit disturbance to wild life
habitat and water recharge areas.
Riling or Draining: Wetlands must not be drained or filled, wholly or partially, unless
replaced by restoring or creating wetland areas of at least equal public value, as
permitted by the Wetland Conservation Act.
Dredging: Dredging water bodies for the purpose of increasing the number of lots in any
development shall not be permitted unless it is clearly documented that it will not
adversely affect the area's ecologic and hydrologic characteristics.
Sedimentation traps: Wetlands and other water bodies shall not be used as sediment
traps during construction.
Slopes: Whenever poss~le, slopes of twenty percent (20%) or greater should not be
disturbed and should be retained as private or public open space.
Pedestrian Links: Natural features shall be utilized to the extent possible as pedestrian
links between large recreation facilities to introduce elements of diversity in residential
living and eliminate monotony.
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(A)
(e)
(c)
(D)
(E)
PARK DEDICATION:
The owners of any land being subdivided for residential, commercial, Industrial or other
uses or as a Planned Unit Development shall dedicate to the public or preserve for
conservation purposes or for public use as parks, playgrounds, trails, wetlands or public
open space a reasonable portion of the subdivided land. The City has determined the
land dedication requirement to be equivalent to ten percent (10%) of the gross area of a
subdivision. The composition of land required will be determined in accordance with the
formula found in Section 6-6-8 (E), or as determined by the City to be in the public
interest and reasonably necessary for such uses and needs as a result of approval of the
subdivision. (Ord. 88-1) (Ord. 89-08)
At the City's option, the subdivider shall contribute an equivalent amount in cash, or cash
and land, in lieu of all or a portion of the land which the City may require such owner to
dedicate pursuant to paragraph (A) above. The cash amount shall be based on the fair
market value of the land reasonably required to be dedicated, with said value being
determined no later than at the time of final plat approval.
Whenever the term 'dedicate" is used in this section, it shall mean a dedication to the
City of land or cash, or both, whichever the City, at its option, shall require. The
dedication shall be made prior to the City's release of the final plat for filing.
In instances where cash is required in lieu of land, payments as required by this
Ordinance shall be made prior to the City Manager releasing the final plat to the
subdivider. (Ord. 8%10)
The City may determine the location, configuration and value of the land to be dedicated.
The composition of land to be dedicated will be directly related to its physiographical
character and in accordance with the following values: (Ord. 88-1)
(F)
(G)
(H)
LAND CHARACTERISTICS VALUE
0-10% Dry upland 100%
10-20% Unstable 50%
over 20% Marshes 25%
Where the owner provides in the subdivision for the public use neighborhood park
amenities such as, but not limited to, tennis courts, ball fields, open space or other
recreational facilities, the City may reduce the amount of land to be dedicated or the cash
contn"aution in lieu of such dedication by an amount equivalent to the cost of the facilities
provided.
Prior to the dedication or preservation of such land for public use, or both, with the City's
consent, the subdivider shall deliver to the City an opinion addressed to the City by an
attorney, and in a form acceptable to the City, as to the condition of the title of such
property, or in lieu of a title opinion, a title insurance policy from a title company
acceptable to the City insudng the required public interest in the preservation or
dedication therein.
Immediately upon filing of the final plat or other appropriate subdivision documents, the
subdivider shall file for recording all easements, deeds or other conveyances of property