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Home My WebLink About9B - Ord Amd Adding Lakes CITY COUNCIL AGENDA REPORT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: AGENDA #: PREPARED BY: MARCH 1, 2004 9B JANE KANSIER, PLANNING COORDINATOR AGENDA ITEM: CONSIDER APPROVAL OF AN AMENDMENT TO THE ZONING ORDINANCE ADDING CAMPBELL LAKE, CRYSTAL LAKE AND RICE LAKE TO THE SHORELAND ORDINANCE (Case File #04-01) DISCUSSION: History: In 2003, the City Council and Spring Lake Township entered into an Orderly Annexation Area that includes approximately 3,000 acres of land to be annexed over the next 20 years. Included within this area are three DNR public waters: Campbell Lake, Crystal Lake and Rice Lake. The purpose of this amendment is to include these lakes, along with the corresponding ordinary high water elevations, in the City of Prior Lake Shoreland Ordinance. The Planning Commission discussed this amendment at a public hearing on February 9,2004. The Planning Commission agreed with the ordinance as proposed. The Commission found this amendment consistent with the goals and objectives of the Zoning Ordinance and with the State Shoreland Management rules. The Commission voted unanimously to recommend approval. A copy of the draft minutes of the February 9th Planning Commission meeting is attached to this report. Current Circumstances: The Minnesota Department of Natural Resources regulates public water basins throughout the state. The DNR has classified these public waters as Natural Environment Lakes, Recreational Development Lakes or General Development Lakes. Local governments must adopt the Shoreland Management rules, including the lake classifications, for the lakes within their jurisdictions. Under the Scott County Zoning Ordinance, Campbell Lake, Crystal Lake and Rice Lake are classified as Natural Environment Lakes. The ordinary high water elevation for each of these lakes is shown on the table below: 1:\04 files\04 ordin amend\04 zoning\shoreland\cc report.dQ.~ f . I k WWW.clLyopnorae.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 Natural Environment Lake DNR ID No. OHWM Campbell Lake #70-56 Not Township 114N, Range 22W, Sections 5 and 6 Established Crystal Lake #70-61 943.3 Township 114N, Range 22W, Sections 10 and 11 Rice Lake #70-60 945.0 Township 114N, Range 22W, Sections 5 and 6 As property is annexed, the City must also apply the Shoreland District requirements. The proposed amendment adds the three lakes located within the Orderly Annexation to the City Zoning Ordinance in order to assure the relevant Shoreland District provisions are applied. The amendment maintains the lake classification and the Ordinary High Water Elevations established by the DNR. The Issues: The City Council must make a decision whether to amend the Zoning Ordinance based on the following criteria: 1. There is a public need for the amendment. There is a public need for the amendment. Adding these lakes to the City's Zoning Ordinance will ensure the necessary Shoreland District requirements are applied to any development. 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. A purpose of the Zoning Ordinance is to: .Ie Promote the most appropriate and orderly development of the residential, business, industrial, public land and public areas. e The Zoning Ordinance establishes minimum requirements to protect the public health, safety and welfare. e The Zoning Ordinance divides the City into use districts and establishes regulations which control uses of land and structures within each use district. The proposed amendment is intended to accomplish these purposes and objectives by providing establishing the Shoreland District around the lakes in the Orderly Annexation Area. 3. The adoption of the amendment is consistent with State and/or Federal requirements. This amendment is consistent with federal and state laws. The DNR has notified the City of the need to amend the Zoning Ordinance to include these lakes. Conclusion: Both the Planning Commission and the staff recommend approval of this amendment. 1:\04 files\04 ordin amend\04 zoning\shoreland\cc report. doc Page 2 ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: 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 staffwith specific direction. 1:\04 files\04 ordin amend\04 zoning\shoreland\cc report.doc Page 3 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY OF PRIOR LAKE ORDINANCE NO. 04. XX AN ORDINANCE AMENDING SECTION 1104.201 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. Section 1104.201 is hereby amended as follows: 1104.201 Shoreland Manaaement Classification: In order to guide the wise development and utilization of shorelands of protected water for the preservation of water quality, natural characteristics, economic values and the general health, safety and welfare, certain protected waters in the City have been given a shoreland management classification. These protected waters of the City have been classified by the Commissioner of Natural Resources according to the DNR Protected Waters Maps for Scott County as follows: (amd. Ord. 02-09, pub. 6/29/02; amd. Ord. 03-01, pub. 1/6/03) Natural Environment lakes DNR ID No. OHWM 1. Howard lake 70-73P 957.3 Township 114, 115N, Range 22W, Sections 5,32 2. Pike lake 70-76P 820.5 Township 115N, Range 22W, Section 23 3. Unnamed (Arctic lake) 70/85 906.7 Township 115N, 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 115N, Range 22W, Section 27NW 6. Campbell Lake 70-56 Not Township 114N, RanQe 22W, established Sections 5.6 7. Crystal lake 70-61 943.3 Township 114N, RanQe 22W, Sections 10. 11 1:\04 files\04 ordin amend\04 zoning\shortWMi\~~kM@.ke.com Phone 952.447.4230 / Fax 952.447.4245 8. Rice Lake 70-60 945.0 Township 114N, RanQe 22W, Sections 10, 11 This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 1st day of March, 2004. ATTEST: City Manager Mayor 1:\04 files\04 ordin amend\04 zoning\shoreland\ord04xx.doc 2 Location Map for Shoreland Ordinance Amendment ~I I ! I ~ I - ~~~~ \ ~ ~ ~~~~~ . ~~~~ ~ YtJl/ft) ~[a '~I ~ ~ ~((( \'lIIllIID - ~_/i~0i0i / i( --" "I . - --L ("fi( (( i( I ~ '11m r~C\TTTT ~~ A"-JJ.. iFrJJY{l/( !J~~ ~' =~ I ~~'( mIY/fEl -r:,COhNN" --. 11 )(r- ~ ~ I hffil:::! \1 fi'" d' - W, H >R \ >> ;;" .~ ,-.. \~~.. __ ~~~ ~ ~ I ~ II p~ c:ur= I j:1- -' UL I I I I P I-L-___JU I ~TI:;,- ~ ~/ r& I~ F";,/ I~ i 1\:1 ,\\1 l-l~ 3 ~ '!# ~ .- I~ m2'l ~- I---- 1-----1 ~ b ~ I 1~ ~I('l ~ '-r>~ I( " " ~ -~ -- Fe u L I~ ~ X 7fT-. :',j s ~ i ~- ~ L . .... ~ '---., ~'v-r7 ' - 1) 1/1-. L'. ) " "'i: !\ r6^, :. ~..~1f~li ~rWf= lr~~? =, ':::i ~ ~);>~ .]((~ / crilJI ~ ;mm ~ ~ ,~l-.i-!J.J:H /J/' . -~ ~)jli [~ ~.;-~ r'-.: ~~ ~ ~_I ____n I n~ ~~IIIII "- ~I I I 11]-j ~ ~ll ..~~ TII L l- flt(0' l . ~--=r= I -_-.LT I- / I f-~ r -f-J=: ,-J ---J ;\ l II rl Ib1 ~~~ /~= I -jl I J I Be- f-- ~ - ~tJJ , ~ ! ---IJiI / "~~ R~W?I' ~ ---" I- - lll' ~IrL: ~ J I ~= =l=__ ~1- WF c= ~h I ! IT -- =.::V-Y-rc~::lr~ 1 =~rJ~ I f-..l ~ tjl [_~ L_ [L IbLJ i I--i i LS i-I __ 1_:LJ I E::j"1 11 i I ~ 1- I----~-- 1------- 1-- r --- ~ r I + Planning Commission Minutes February 9,2004 Ringstad: · It does appear there is a public need for this amendment. The public needs adequate direction to facilities of regional significance. · This is consistent with State and Federal Laws. · It protects esidential neighborhoods. . Support the roposed amendment. Lemke: · Staff researched is well and presented a compel' g argument for the need. It will accomplish 0 or more of the Comprehen . e Plan goals. Atwood: · Support staff s finding · The specific limitations size and light' g requirements are fair. Stamson: · Questioned if the dimension~', f 20 eet and 100 square feet are adequate to meet the demands? Kirchoff said th ,n mber is the largest size sign allowed in the City limits. · Prefers the shorter wider sign 0 posed to longer higher sign. · Staff displayed various sign e in t ' e community. · Kansier said the square fo age is a p licy issue. · Preference is to have a s rter mon~' , t sign as opposed to a billboard-style sign. The monument-s Ie is much mor leasing. · Kansier said potentia there can be a bil oard-style sign. More than likely it would have the lar base. It is unknown this time. ~ . Atwood question if there could be exceptid s or restrictions. · Kirchoff pointe out the ordinance does requir' a base foundation. The poles would have to e surrounded by foundation. ~ . Considering lass I materials are involved - will sport. MOTION BY A WOOD, SECOND BY RINGSTAD, REC MMENDING APPROVAL THE PROPOSED AMENDMENT AS REC MENDED BY STAFF. This item will go before City Council on March 1,2004. Vote taken' dicated ayes by all. Commissioner Perez abstained. 1€ C. Case #04-01 An amendment to Section 1104.201 of the Zoning Ordinance adding Campbell Lake, Crystal Lake and Rice Lake to the Shoreland Ordinance. Planning Coordinator Jane Kansier presented the Planning Report dated February 9, 2004, on file in the office of the City Planning Department. L:\04 FILES\04 PLAN COMMIS\04 pc Minutes\MN020904.doc 4 Planning Commission Minutes February 9, 2004 In 2003, the City Council and Spring Lake Township entered into an Orderly Annexation Area that includes approximately 3,000 acres of land to be annexed over the next 20 years. Included within this area are three DNR public waters: Campbell Lake, Crystal Lake and Rice Lake. The purpose of this amendment is to include these lakes, along with the corresponding ordinary high water elevations in the City of Prior Lake Shoreland Ordinance. The Minnesota Department of Natural Resources (DNR) regulates public water basins throughout the state. The DNR has classified these public waters as Natural Environment Lakes, Recreational Development Lakes or General Development Lakes. Local governments must adopt the Shoreland Management rules, including the lake classifications, for the lakes within their jurisdictions. Under the Scott County Zoning Ordinance, Campbell Lake, Crystal Lake and Rice Lake are classified as Natural Environment Lakes. As property is annexed, the City must also apply the Shoreland District requirements. The proposed amendment adds the three lakes located within the Orderly Annexation to the City Zoning Ordinance in order to assure the relevant Shoreland District provisions are applied. The amendment maintains the lake classification and the Ordinary High Water Elevations established by the DNR. The proposed amendment is consistent with the goals and objectives of the Zoning Ordinance and the enabling legislation set forth in Minnesota statutes. Based upon the findings set forth in this report, staff recommended approval. Atwood questioned why an ordinary high water mark has not been designated for Campbell Lake. Kansier explained establishing the ordinary high water mark is usually developer driven and the DNR process. Lemke questioned the process. Kansier responded that most developers are aware of the process and start working with the DNR. It is a matter of the area hydrologist making a determination. Lemke suggested asking the DNR to start the process. Kansier said staff would. She pointed out other wetland/lakes within the City that do not have ordinary high water determinations. There were no comments from the public. Comments from the Commissioners: Lemke: . There is obviously a public need. Staff did an excellent job. . Support. L:\04 FILES\04 PLAN COMMIS\04 pc Minutes\MN020904.doc 5 Planning Commission Minutes February 9, 2004 Perez: . This is a natural step in annexation. · Agreed to follow through with the DNR. . Approve. Atwood: · Agreed with Commissioners - the amendment is consistent with the goals of the Zoning Ordinance. . Support. Ringstad: · It will bring the same designation into the City as they are being annexed. . Support. Stamson: . Agreed with Commissioners that staff did an excellent job in laying out the process. . Support. MOTION BY PEREZ, SECOND BY LEMKE, RECOMMENDING THE CITY COUNCIL APPROVE THE AMENDMENT AS PROPOSED. Vote taken indicated ayes by all. MOTION CARRIED. 6. This item will g before the City Council n March 1, 2004. 7. A. Planner Cynthia Kirchoff ga an overview of the architectural material standards for the City. Staffis seeking direc . IT om the Planning Commission concerning a Zoning Ordinance amendment to d m erials to the architectural standards. Currently, Class I mat als consist products such as brick, stone, and plaster stucco. es with four or wer units, wood and vinyl siding are considered Class I materials. least 60 percent 0 each residential (with more than four units) or commercial build' g face visible from 0 site must be constructed of Class I materials. The staff reco ended fiber cement sidin be included in the approved architectural materials, but t specifically Class I materi . Staff prepar a draft Ordinance Amendment to e City Code attached to Staff s Memo dated Feb ary 9, 2004. L:\04 FILES\04 PLAN COMMIS\04 pc Minutes\MN020904.doc 6