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HomeMy WebLinkAbout09 08 14 Work Session Materials b PR12� ti U 4646 Dakota Street SE Prior Lake,MN 55372 '�rlNrvEso�P CITY COUNCIL WORK SESSION AGENDA REPORT TO: Mayor and City Council FROM: FRANK Boyles, City Manager DATE: September 8, 2014 RE: September 8, 2014 City Council Work Session This evening's work session includes two topics. For the first hour the city council will meeting with the ISD 719 School Board and staff in a joint meeting. An agenda has been prepared and is attached for your information. City and school staff will provide brief reports in each topic area leaving ample time for the council and Board discussion. The second hour will be devoted to a city council discussion of whether and what type of Shoreline Restoration Program may be desired. The staff report from the August 11, 2014 meeting is attached as are numerous attachments addressing various aspects of this subject. O� p 42 Q- �.A K U x �INNES��P a�A 'A 13 Joint Meeting of the Prior Lake City Council and ISD 719 School Board Parkview Conference Room, Prior Lake City Hall Monday, September 8, 2014 5:00 P.M. 5:00 p.m. I. Introductions and Dinner II. School District A. Enrollment Trends in PLSAS — next steps B. Construction Updates C. Technology Village— Fabrication Lab at PLHS 1. Ribbon Cutting October 131h D. Other III. City A. Growth Trends/Annexation B. 2015 Improvement Projects C. Park and Trail Study Results D. Other 6:00 p.m. IV. Adjourn O� PRIp5p ti U 4646 Dakota Street SE Prior Lake,MN 55372 �INNESO�P CITY COUNCIL AGENDA REPORT MEETING DATE: AUGUST 11, 2014 AGENDA#: 913 PREPARED BY: KATY GEHLER, PUBLIC WORKS/NATURAL RESOURCES DIRECTOR JERILYN ERICKSON, FINANCE DIRECTOR FRANK BOYLES, CITY MANAGER PRESENTED KATY GEHLER, PUBLIC WORKS/NATURAL RESOURCES DIRECTOR BY: AGENDA ITEM: CONSIDER APPROVAL OF A REPORT IDENTIFYING THE PROCESS FOR MODIFYING CITY CODE PROVISIONS REGARDING SHORELINE REQUIREMENTS, DIRECTING THE PLANNING COMMISSION TO INITIATE SUCH ORDINANCE AMENDMENTS OR ESTABLISHING A MORITORIUM AND STUDY, AND DIRECTING STAFF TO PREPARE A FUNDING MECHANISM TO ASSIST PRIVATE PROPERTY OWNERS IN THE RECONSTRUCTION OF THEIR SHORELINES DISCUSSION: Introduction The purpose of this item is to request city council direction with respect to a shoreline restoration program and the elements such a program should have if any. History The Prior Lake/Spring Lake watershed received a near record amount of rain in June resulting in near record lake levels of both Prior and Spring Lakes. The projected flood event was over the 100-year flood level on Prior Lake. Water has been at elevated levels for several weeks saturating the soils making them more susceptible to erosion. It is expected that most property owners with a riparian lot will need to complete repairs or restoration of the shoreline. These lots generally have been highly modified from their natural condition. Boulder and block retaining walls characterize the shoreline and riparian lots are dominated by maintained turf grass or sandy beaches. The City, working with the Watershed District, has the opportunity to guide this redevelopment of the shoreline to be more in line with the water quality goals of the community. These goals are two-fold, mitigating for future flooding events and improving water quality. Spring Lake and Upper Prior Lake are both listed as impaired waters for elevated levels of phosphorous. As such a Total Maximum Daily Load (TMDL) study and Implementation Plan were completed for these lakes. These documents prescribe pollutant reductions and projects to implement to meet Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com water quality goals. Shoreline restoration and buffers are identified as one of the strategies to clean up the lakes. Although Lower Prior Lake is not listed as an impaired water the PLSLWD completed a study in 2013 that identified target water quality parameters and implementation items to prevent future degradation and keep it off the impaired waters list. Shoreline buffers are listed as a component of an overall phosphorus reduction strategy for the lake. Shoreline buffers consisting of deep-rooted native vegetation can reduce phosphorus loads through reduced runoff velocities, increased filtering of particulates (including soils rich in phosphorus), enhanced infiltration of water into the soil, and vegetative absorption of phosphorus. Properly designed, installed, and maintained buffers can remove an estimated 25% to 50% of the phosphorus load from upland areas consisting of maintained turf grass and impervious surfaces. In general, buffers treat the nearest 100 feet of upland surface runoff and need to be at least 15 feet wide (in the direction of runoff flow) to be effective. Compared to other phosphorous removal BMPs, buffers provide minimal to moderate cost effective treatment. Current Circumstances The City regulates shoreline restoration under Section 1104 of the City Code. (attached) This code provides some basic protections such as addressing setbacks, maximum lot imperviousness, and bluff management within the shoreland zoning district. The Code also regulates soil disturbances to manage erosion. Section 1104 is attached for reference. During the July 14, 2014 city council meeting, Staff provided an update on the flooding impacts. During this discussion there were questions regarding potential programs to aid owners in restoration of their shorelines and possible revisions to the current regulations to ensure the repairs are completed to minimize impacts should this happen again in the future and meet the community's water quality goals. In light of this discussion, the City Attorney and bond counsel have prepared the attached memos that review the current City Code, the process for amendments, the use of a moratorium and the use of various funding alternatives. Conclusion Staff would like feedback from the council on the topics presented in this memo. Note that any amendments to the Zoning Code must be initiated by petition of an individual or by motion of the Planning Commission or the City Council or by adoption of an ordinance and resolution establishing a moratorium and authorizing a study(both of which are attached) ISSUES: The current shoreline regulations reside in the City's Zoning Code. As discussed in the attached memo, amending this code would require review by the DNR and following the process to revise the City Zoning Code. The DNR will provide comment after the City Council has acted on the amendments. However, they can provide an advisory review during the drafting process. The steps in the ordinance adoption process include the following: Drafting ordinance language, review of ordinance language, finalization of language, 10 day public hearing notice for newspaper, preparation of agenda report, planning commission consideration of the ordinance, placement of the item on a subsequent city council agenda, consideration, adoption and publication of ordinance. If the planning commission or city council defers action on the ordinance then typically two weeks would be added to the process. In all the time required is estimated to be 60 days. A second option to provide the necessary time to adopt the ordinance amendments would be to adopt an ordinance enacting a moratorium on shoreline development activities and a resolution authorizing a study until the shoreline ordinance amendment can be adopted. FINANCIAL There are just over 1,000 riparian parcels on Prior Lake and 260 on Spring IMPACT: Lake. It is estimated that most of the parcels on Prior Lake will require some sort of shoreline repair from simple sod restoration to more complex retaining wall replacement. Without a comprehensive review of the shoreline an exact financial impact of the flood is difficult to estimate. However, it is possible that there are millions of dollars of damage. Shoreline Restoration Cost Estimating The cost to install an appropriate shoreline buffer is approximately $80-200 per linear foot of shoreline, depending on the amount of site grading required and other design factors. A 20-foot deep buffer along half of a typical 100-foot lake lot could cost between $4,000 and $10,000. Assuming that all 1000 riparian lot owners participated in the program with an average frontage of 80, 40 of which would appropriate vegetation at an average cost of$140 per lineal foot would mean an average cost of$5,600 per lot for a total cost of$5,600,000. Shoreline-In-a-Box Cost Share—Starting in 2013 the City partnered with other local organizations to deliver the successful Rain garden-in-a-Box program. Residents attend a workshop, receive information and a kit, including plant material, for installing their own rain garden. Upon installation these projects are eligible for$250 PLSLWD cost-share grants to defray the cost of the $500 rain garden. To expand on the rain garden-in-a-Box model, City staff is currently planning Shoreline-in-a-Box workshops for fall 2014. The intent is to encourage that at least 50% of the shoreline frontage be replaced with appropriate vegetation. The revised city code would require such action. After attending the workshops, residents will be able to voluntarily install their own shoreline buffer and receive a small cost-share grant. Potential Funding Sources Staff has sought to identify alternative funding sources for this project. Attached is a letter from Bond Counsel and city attorney identifying potential funding sources which can be used. The following five funding sources are offered: 1.) GO Abatement Bonds —The city has the legal authority to issue general obligation abatement bonds. A tax abatement area must be established and the city must hold a public hearing and identify the properties for which an abatement is under consideration. The abatement is subject to several additional limitations identified in the Bond Counsel's letter. Perhaps the biggest potential sticking point is the fact that all properties within the city will pay for the contemplated shoreline improvements. 2.) GO Housing Improvement Bonds -A second option is the use of General Obligation Housing Improvement Bonds. An ordinance must be adopted which establishes the housing improvement area (HIA) and findings that the proposed improvements could not be made by the housing unit owners. A public hearing is necessary on the establishment of the proposed housing improvement area and the public hearing may not be held unless 50% or more of the housing unit owners that would be subject to the improvement fee petition the city requesting such a hearing. Fees are assessed on the housing units for the costs of the improvements and those fees are used to pay the principal and interest on the bonds. Additional information about housing improvement areas is provided in the city attorney's office letter which is attached. 3.) M.S. 429 GO Improvement Bonds—A third option is issuing general obligation improvement bonds under M.S. 429. At least 20% of the cost of the improvements must be assessed to benefited properties and the assessments must meet special benefit criteria. Of course if the city required private property owners to execute a waiver of special assessment, the special benefit issues are largely addressed. 4.)GO Revenue Bonds—A fourth option is issuing General Obligation Revenue Bonds under M.S. 444 for storm water system improvements. In order to use this authority, it must be determined if the improvements made to the shoreline would be considered a part of the overall storm water system. The bonds are payable from net revenues derived from the storm water system. With options 3 and 4 the City must coordinate and bid the work. With 1,000 parcels potentially involved this will be difficult since we assume that the city Council would only want to provide funding assistance for the portion of each shoreline which is replaced with buffer vegetation. The portions of the lawn which are conventionally planted or completed with sand or retaining wall of some sort would be the private property owner's responsibility. 5.) COMBINED M.S. 444 AND 469-We have been working with bond counsel and Northland Securities to identify a method using combined the authorities under M.S. 469 (abatement) and 444 (storm sewer revenue) which would allow private property owners to do the work within some timeline in accordance with new shoreline requirements set forth in ordinance. The property owner would submit an invoice to the city for payment from the proceeds of the bonds for the buffer vegetation only. Utilizing M.S. 469 the city would sell taxable tax abatement bonds and tax abatements would pay the principal of the bonds over a 10 to 15 year period and interest would be paid from storm water revenues generated by a separate fee for riparian parcels. Bond counsel and Northland are researching this hybrid approach to confirm its availability for this purpose. From the private property owner's perspective they would have the benefit of spreading payments over time at low interest rate. From a citywide perspective shorelines are fortified so that the next flood event is less damaging and since the aquatic plants consume about 25% of the phosphorous, water quality is also improved. Grants —There are three areas of grant assistance that have been identified to apply to this disaster. These grants are primarily focused at public infrastructure. I. Disaster Relief Grant Programs - Costs associated with emergency work and repairs due to a federally declared disaster. A. Public Assistance (PA) 1. Uninsured portion of PUBLIC Infrastructure 2. Administered through FEMA 3. Disaster Declaration issued for Scott County on Aug. 1, 2014 B. Individual Assistance (IA) 1. To qualify, Scott County had to show a minimum of 25 homes suffering 40% or more of uninsured losses of their estimated fair replacement value or their pre-disaster fair market value, whichever is lower 2. The state also must show this has happened to 500 homes statewide. 3. This program provides low interest loans up to $200,000 for a primary residence or$40,000 for personal property. 4. It is unlikely that Scott County will qualify II. Mitigation Grant Programs A. FEMA Hazard Mitigation Grant Program (HMGP) 1. FEMA Funds Administered by the State 2. FEMA funds cover 75% of eligible projects B. MN DNR Hazard Mitigation 1. 1. Flood damage reduction studies and implementation of structural and non-structural measures 2. Acquisition of structures in the flood plain, relocations, flood- proofing, development of flood warning systems, public education, flood plain restorations, dams, dikes, levees, flood bypass channels, flood storage structures, water level control structures and other related activities 3. 50% of Eligible Costs up to $150,000 C. ACOE Small Flood Control Projects 1. Flood Control projects < $7 million federal funds 2. A Study is required to evaluate potential projects 3. Each project selected must be economically justified D. ACOE Emergency Bank Protection 1. Bank protection projects for endangered highways, bridge approaches, utilities and other essential, important infrastructure III. Other Non-Flood Specific Grant Programs A. BWSR Clean Water Fund, Cost Share Projects B. MPCA Cost Share Funding As indicated above grant funding for this purpose will be a challenge except perhaps for the shoreline in a box program. ALTERNATIVES: 1. The city council should decide if it wishes to modify present shoreline requirements in an effort to fight erosion and water quality degradation during the next flooding cycle. 2. If the council desires to modify the ordinance then it should determine if a motion and second should be adopted directing the planning commission to initiate an ordinance amendment or approve the attached ordinance and resolution which would initiate a six month moratorium and study on the reconstruction of shorelines to afford sufficient time to adopt new requirements. 3. The city council should also determine if it wishes to assist private property owners in financing shoreline restoration costs beyond offering the Shoreline in a Box. If the council does want to provide financial assistance, discussion should occur regarding the type is appropriate: subsidy, low interest loan or grant. If the council desires to pursue one of these avenues, then it should direct the staff to prepare additional information on a particular funding source and financial assistance target. From our research thus far the hybrid model appears to be the best application. 4. If the city council believes that more discussion is warranted on this subject before making any of these decisions, it could elect to refer the matter to a future work session. Since all work sessions are full the city council may need to meet an additional evening. RECOMMENDED As determined by the city council. MOTION: O� PRXp�, t~ U rr� 4646 Dakota Street SE `ern so�P Prior Lake,MN 55372 RESOLUTION 14-xxx A RESOLUTION AUTHORIZING A STUDY TO DETERMINE WHAT AMENDMENTS TO THE CITY CODE MAY BE REQUIRED TO PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE AND TO PROVIDE FOR SOUND PLANNING WITH RESPECT TO SHORELINE IMPROVEMENTS WITHIN THE CITY OF PRIOR LAKE Motion By: Second By: WHEREAS, the City of Prior Lake has adopted a Comprehensive Plan which guides long term property uses throughout the City. WHEREAS, the City of Prior Lake has adopted a Zoning Code and Subdivision Code in order to: (1) Protect the residential, business, industrial and public areas of the community and maintain their stability. (2) Promote the most appropriate and orderly development of the residential, business, industrial, public land and public areas. (3) Provide adequate light, air and convenient access to property. (4) Limit congestion in the public rights-of-way. (5) 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. (6) Provide for compatibility of different land uses by segregating, controlling and regulating unavoidable nuisance producing uses. (7) Require that development proceed according to the goals and policies established in the City's Comprehensive Plan. (8) Maintain a tax base necessary to promote the economic welfare of the City by insuring optimum values for property in the City. (9) Enhance the aesthetic character and appearance of the City. (10) Conserve natural resources and environmental assets of the community. (11) Provide adequate off-street parking and loading facilities. (12) Provide effective administration of this Ordinance and any future amendments to this Ordinance and prescribe penalties for the violation of its requirements. (13) Establish a continuing system of review of this Ordinance to insure it will be amended to meet changing needs of the community and advances in science and technology. WHEREAS, the City Council concludes that the public health, safety, and welfare and sound planning may be effected by unregulated and inconsistent shoreline reconstruction and improvements undertaken by property owners to repair and mitigate the effects of past and future flooding in the City of Prior Lake; WHEREAS, the City Council finds that the City's current zoning regulations do not adequately address best practices for the consistent and uniform improvement and reconstruction of shorelines due to factors including, but not limited to, that the City's current zoning requirements and conditions with respect to shoreland improvements may not adequately address issues related to shoreland erosion, flood mitigation, water quality, stormwater management, shoreline buffers, and inconsistent shoreline reconstruction. WHEREAS, The City Council finds that the City must conduct further study to determine what amendments to the City Code may be required to deal effectively with such shoreline improvements. This study will include but not be limited to determining the most appropriate requirements and limitations on shoreline reconstruction and improvements, including the location and composition of shoreline buffers, shoreline erosion control, flood mitigation, water quality, and stormwater management, balancing the demand for recreational use of lakes with the protection of lakes and lake residents. This study will include the appointment of a task force to include members representing the following: 1. Planning Commission 2. Public Works Department 3. Lakes Advisory Committee 4. Prior Lake Spring Lake Watershed District 5. Department of Natural Resources WHEREAS, the City Council has concluded that the public health, safety and welfare and sound planning require that a moratorium be imposed on any alteration or reconstruction of shorelands within the City and on the approval of any land use development including subdivision of property, zoning approvals or building permit approvals related to shoreline reconstruction or improvement within the City during the pendency of the study and the various public hearings preceding possible adoption of amendments to the zoning regulations. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: The City Council hereby authorizes a study to be conducted and a task force to be appointed to determine what amendments to the City Code will be required to deal effectively with the reconstruction and improvement of shorelines in the City of Prior Lake. The study shall include- analysis of methods and best practices relating to shoreline improvement for purposes of water quality, erosion control, stormwater management and flood mitigation, corresponding criteria and conditions to protect public health, safety and welfare, a sound planning framework, research of ordinances and land use in other jurisdictions, and review of relevant studies and a legal analysis of applicable case law. Upon completion of the study, potential ordinance amendments shall be reviewed by the Planning Commission and City Council. 2 PASSED AND ADOPTED THIS DAY OF , 2014. VOTE Hedberg Keeney McGuire Morton Soukup Aye ❑ ❑ ❑ ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Frank Boyles, City Manager 3 (!!b� P R12 U m 4646 Dakota Street SE Prior Lake,MN 55372 :NJ i Eso�P CITY OF PRIOR LAKE ORDINANCE NO. 114-XX AN INTERIM ORDINANCE OF THE CITY OF PRIOR LAKE, MINNESOTA, TEMPORARILY PROHIBITING ANY ALTERATION OR RECONSTRUCTION OF SHORELINES AND ANY ZONING, SUBDIVISION AND BUILDING APPLICATIONS OR PERMITS FOR SHORELINE IMPROVEMENTS WITHIN THE CITY OF PRIOR LAKE; ADOPTING ENFORCEMENT PROVISIONS; AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. The City Council of the City of Prior Lake, Minnesota, hereby ordains: Section 1. Purpose. The City of Prior Lake ("City") has adopted a Comprehensive Plan which guides long term property uses throughout the City. The City's Zoning Ordinance, Section 1104, regulates shorelands in the City. The City of Prior Lake regulates zoning of property within the City in order to: (1) Protect the residential, business, industrial and public areas of the community and maintain their stability. (2) Promote the most appropriate and orderly development of the residential, business, industrial, public land and public areas. (3) Provide adequate light, air and convenient access to property. (4) Limit congestion in the public rights-of-way. (5) 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. (6) Provide for compatibility of different land uses by segregating, controlling and regulating unavoidable nuisance producing uses. (7) Require that development proceed according to the goals and policies established in the City's Comprehensive Plan. (8) Maintain a tax base necessary to promote the economic welfare of the City by insuring optimum values for property in the City. (9) Enhance the aesthetic character and appearance of the City. (10) Conserve natural resources and environmental assets of the community. (11) Provide adequate off-street parking and loading facilities. (12) Provide effective administration of this Ordinance and any future amendments to this Ordinance and prescribe penalties for the violation of its requirements. (13) Establish a continuing system of review of this Ordinance to insure it will be amended to meet changing needs of the community and advances in science and technology. The City Council finds that the City's current zoning regulations do not adequately address best practices for the consistent and uniform improvement and reconstruction of shorelines due to factors including, but not limited to, that the City's current zoning requirements and conditions with respect to shoreland improvements may not adequately address issues related to shoreland erosion, flood mitigation, water quality, stormwater management, shoreline buffers, and inconsistent shoreline reconstruction. The City Council finds that the City must conduct further study to determine what amendments to the City Code may be required to deal effectively with shoreline improvements. This study will focus on the most appropriate requirements and limitations on shoreline reconstruction and improvements, including the location and composition of shoreline buffers, shoreline erosion control, flood mitigation, water quality, and stormwater management, balancing the demand for recreational use of lakes with the protection of lakes and lake residents. This study will include the appointment of a task force to include members representing the following: 1. Planning Commission 2. Public Works Department 3. Lakes Advisory Committee 4. Prior Lake Spring Lake Watershed District 5. Department of Natural Resources Upon completion of the study and a recommendation from the task force, potential ordinance amendments would be reviewed by the Planning Commission and City Council. The City Council has concluded that the public health, safety and welfare and sound planning require that a moratorium be imposed on any alteration or reconstruction of shorelands within the City and on the approval of any land use development including subdivision of property, zoning approvals or building permit approvals related to shoreline reconstruction or improvement within the City during the pendency of the study and the various public hearings preceding possible adoption of amendments to the zoning regulations. Section 2. Authorization. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to adopt interim ordinances to regulate, restrict, or prohibit any use or development in all or part of the City, for a period of one year (subject to exceptions as stated in Section 462.355), while the City is conducting studies, or has authorized a study to be conducted, or has scheduled a hearing to consider adoption or amendment of official controls, including ordinances, regulating physical development of the City. Section 3. Study. Pursuant to this Interim Ordinance and as authorized by separate Resolution, the City determines to conduct a study to determine what amendments to the City Code will be required to deal effectively with shoreline improvements in the City of Prior Lake. This study will include the appointment of a task force to review shoreland regulations in the existing City Code, research of ordinances and land use in other jurisdictions, review of relevant studies and a legal analysis of applicable case law, and will develop recommendations as to appropriate and ordinance amendments, if any, that are required in the interest of the public safety and welfare. Section 4. Interim Ordinance. Pending the completion of the above-referenced Study, and the adoption of appropriate official controls, for a period of six months (subject to exceptions as stated in Section 462.355) after the Effective Date of this Ordinance, there shall be no alteration or reconstruction of shorelines within the City of Prior Lake 2 and no zoning, subdivision, or building application or permit related to shoreline improvements in the City of Prior Lake as of the Effective Date of this Ordinance. The City shall issue no building permits or subdivision or zoning approvals, for any such property, for said time period as above noted, unless such was granted or approved prior to the Effective Date of this Ordinance. Section 6. Exceptions. This moratorium shall not apply to any permits or approvals that were approved or granted by City staff or the City Council prior to the Effective Date of this Ordinance. Further this moratorium shall not apply to improvements necessary to correct violations of state law or city ordinances Section 7. Enforcement. The City may enforce this Ordinance by mandamus, injunction or any other appropriate civil remedy. Section 8. Violation. City Code Section 103 entitled "Definitions" and Section 104 entitled "General Penalty"are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 9. Effective Date. This Ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 8th Day of August, 2014. ATTEST: Frank Boyles, City Manager Kenneth L. Hedberg, Mayor Published in the Prior Lake American on the day of , 2014. 3 Zoning Ordinance SECTION 1104 SHORELAND REGULATIONS SUBSECTIONS 1104.100: General Provisions 1104.200: Designation of Types of Land Use 1104.300: Zoning Provisions 1104.400: Shoreland Alterations 1104.500: Special Provisions for Commercial, Industrial, Public/Semi-Public, Agricultural and Forestry 1104.600: Water Supply and Sewage Treatment 1104.700: Conditional Uses 1104.800: Planned Unit Developments (PUDs) 1104.900: Development on Nonconforming Lots 1104.100: GENERAL PROVISIONS. 1104.101 Statutory Authorization: This Chapter is adopted pursuant to the authorization and policies contained in Minnesota Statutes, chapter 103F, Minnesota Code of Agency Regulations, parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, chapter 462. 1104.102 Policy: The uncontrolled use of shorelands of the City of Prior Lake affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to the municipalities of the State to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, preserve the economic and natural environmental values of shorelands, and provide for the wise utilization of waters and related land resources. This responsibility is hereby recognized by the City of Prior Lake. 1104.200: DESIGNATION OF TYPES OF LAND USE: 1104.201 Shoreland Mananement 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. City of Prior Lake .lune 1,2009 1104/pl Zoning Ordinance 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: 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 70-56 925.5 Township 114N, Range 22W, Sections 5& 6 7. Crystal Lake 70-61 943.3 Township 114N, Range 22W, Sections 10 & 11 8. Rice Lake 70-60 945.0 Township 114N, Range 22W, Sections 10 & 11 9. Cleary Lake 70-22 937.8 Township 114N, Range 21W, Section 7 (Ord. Amend 114-04, publ. 2/15/14) Recreational Environment Lakes DNR ID No. OHWM 1. Markley Lake 70-21W 893.2 Township 114N, Range 21, 22W, Section 6.1 2. Unnamed (Blind Lake) 70-53 948.7 Township 114, Range 22W, Sections 1, 2 3. Unnamed(Jeffers Pond) Township 115, Range 21, 22W, Section 27 70-77 866.1 City of Prior Lake June 1,2009 1104/p2 Zoning Ordinance General Development Lakes DNR ID No. OHWM 1. Spring Lake 70-54P 912.8 Township 114, Range 22, Sections 3-5, 8- 10 2. Lower Prior Lake 70-26P 904.0 Township 115, Range 21, 22, Sections 30, 25, 26, 35, 36 3. Upper Prior Lake 70-72P 904.0 Township 114, 115N, Range 22W, Sections 2-4, 34, 35 Tributary Streams Legal Description 1. Unnamed (to Upper Prior Lake) SE 1/4, Section 4; SW 1/4,Section 3 Township 114N, Range 22W 2. Unnamed Tributary NE 1/4, Section 26; Section 23; SE 1/4,Section 14, Township 115N, Range 22W 1104.202 Shoreland District: The shorelands of the City of Prior Lake are hereby designated as a Shoreland Overlay District. The purpose of the Shoreland Overlay District is to provide for the wise utilization of shoreland areas in order to preserve the quality and natural character of these protected waters of the City. (1) Permitted Uses: All permitted uses allowed and regulated by the applicable zoning district as indicated on the official Zoning Map of the City. (2) Conditional Uses: All conditional uses and applicable attached conditions allowed and regulated by the applicable zoning district underlying this Shoreland Overlay District as indicated on the official Zoning Map of the City and as required by Subsection 1108.200.. (3) Nonconforming Uses: Any uses of shorelands which were in legal existence prior to the date of enactment of this Section which are permitted within the applicable Use District, but do not meet the minimum lot area, setbacks or other dimensional requirements of this Chapter are nonconforming uses. However, structural alterations which substantially increase the nonconforming dimensions may not be allowed. (4) Prohibited Uses: Any uses which are not permitted, permitted with conditions, or permitted as conditional uses as regulated by the applicable Use District underlying this Shoreland Overlay District as indicated on the official Zoning Map of the City. City of Prior Lake .Tune 1,2009 1104/p3 Zoning Ordinance 1104.300: ZONING PROVISIONS: The following standards shall apply to all shorelands of the protected waters listed in Subsection 1104.201 within the City. Where the requirements of the underlying zoning district as shown on the Official Zoning Map are more restrictive than those set forth herein, then the more restrictive standards shall apply. 1104.301 Unsewered Lakes, Lot Area, Width and Setback Requirements: (1) Natural Environment: Riparian Lots Non-Riparian Lots Area Width Area Width Single 10 acres 330 10 acres 330 (2) Tributary Rivers and Streams: Riparian Lot Widths Single Family 100 feet Duplex 150 feet Triplex 200 feet Quad 250 feet There are no minimum lot area requirements for rivers and streams. (3) Setback Requirements: Natural Development Tributary Rivers Lakes Structure setback from 150 100 OHWM (feet) Unplatted Cemetery 50 50 (feet) Structure height 35 35 limitation (feet) Sewage System 150 75 setback from OHWM (feet) City of Prior Lake .lune 1,2009 1104/p4 Zoning Ordinance 1104.302 Sewered Lakes, Lot Area, Width and Setback Requirements: (1) Natural Environment: Riparian Lots Non-Riparian Lots Area Width Area Width Single* 40,000 125 20,000 100 Duplex 70,000 225 35,000 220 Triplex 100,000 325 52,000 315 Quad 130,000 425 65,000 410 *For non-riparian lots within the Hass Lake Shoreland District, the minimum lot area shall be 12,000 square feet and the minimum lot width shall be 86 feet. (2) Recreational Development: Riparian Lots Non-Riparian Lots Area Lot Width Width Area Lot Width (Frontl Single 15,000 90 75 12,000 86 Duplex 35,000 135 75 26,000 135 Triplex 50,000 195 75 38,000 190 Quad 65,000 1 255 75 49,000 245 (3) General Development: Riparian Lots Non-Riparian Lots Area Lot Width at Area Lot Width (Front) Single 15,000 90 75 12,000 86 Duplex 26,000 135 75 17,000 135 Triplex 38,000 195 75 25,000 190 Quad 1 49,000 255 75 32,000 245 City of Prior Lake .lune 1,2009 1104/p5 Zoning Ordinance Tributary: Riparian OHW Lot Widths Lot Width Single 86 75 Duplex 115 75 Triplex 150 75 Quad 190 75 *There are no minimum lot size requirements for rivers and streams. (4) Setback Requirements: Natural Recreational General Tributary Development Development Development Development Lakes Lakes Lakes Lakes Structure height setback 150 75 75 75 from OHW (feet) Unplatted Cemetery(feet) 50 50 50 50 Structure height 35 35 35 35 limitation(feet) 1104.303 Bluff Impact Zones: Structures and accessory facilities, excluding stairways, lifts, and landings, shall not be placed in bluff impact zones. (THIS SPACE IS LEFT INTENTIONALLY BLANK) City of Prior Lake .lune 1,2009 1104/p6 Zoning Ordinance 1104.304 Bluff Setbacks: The required setback from the Top of Bluff is determined as follows: as measured from the Top of Bluff, the upper end of a segment at least 25 feet in length having an average slope less than 18%. BLUFF SETBACK [ Top of Bluff 1 Toa of Mull i -251 �►urr pff 181ulf Helghl=2$' OHWL i 1104.305 Enaineerina Reports Required: On properties for which construction is proposed within a bluff impact zone or bluff setback, the applicant for a building permit and the property owner shall provide the following: (1) The applicant for a building permit on that property shall provide a report and calculations prepared and signed by a professional engineer registered by the State of Minnesota on the bluff stability and the impact any excavation, fill or placement of structures will have on the site and whether the excavation, fill, or placement of structures will cause any slope to become unstable or will impose loads that may affect the safety of structures or slopes. The report shall include the following: • The global failure plane determination of the slope substantiated by at least one soil boring at an appropriate depth and location • Analysis of the land influence zone and its intersection with the failure plane based on the soil type • The Engineer's recommendations for the proper design and maintenance of a drainage system so the site development will not interfere with adequate drainage for the site or adjacent properties, will not obstruct, damage or adversely affect existing sewer or drainage facilities, will not adversely affect the quality of stormwater runoff, will not adversely affect downstream properties, wetlands or bodies of water and will not result in erosion or sedimentation. • If the initial determination indicates that the load influence zone intersects or falls within the global failure plane, a global stability analysis of the bluff shall be required. City of Prior Lake .lune 1,2009 1104/p7 Zoning Ordinance (2) The owner of the property shall submit an as-built survey and post- construction report completed by a professional engineer registered by the State of Minnesota that the final grading of the site was completed in compliance with an approved grading plan and that the recommendations contained in the engineer's report have been adhered to. (3) The Building Official, the Community Development & Natural Resources Director and the City Engineer may waive the engineer's report requirement for replacement decks, new decks or additions to existing decks, replacement retaining walls, and additions or new structures not exceeding 480 square feet in size under the following conditions: a. An inspection of the site does not indicate any obvious erosion conditions. b. There is no history of bluff failure on the site or on the adjacent lots. C. All required setbacks are met. 1104.306 Impervious Surface Coverage: Impervious surface coverage for lots in all Use Districts shall not exceed 30% of the lot area, except as provided in the following sections. Such impervious surface coverage shall be documented by a certificate of survey at the time of any zoning or building permit application, according to the definitions of impervious surface as listed in Subsection 1101.400. (1) An existing site which is being altered, remodeled, or expanded without expanding the existing impervious surface may be allowed, provided that where appropriate and where necessary, structures and practices for the treatment of storm water runoff are in compliance with the Prior Lake Storm Water Management Plan and approved by the City Engineer. (2) In all "C" and "I" Use Districts and for Park/Recreation uses, new construction on conforming lots or an existing site being altered, remodeled, or expanded which expands the existing impervious surface coverage may be allowed where necessary, provided the site conforms to the Prior Lake Storm Water Management Plan, Best Management Practices and is approved by the City Engineer, provided the impervious surface coverage does not exceed 75% of the total lot and provided the following stipulations are met: ➢ All structures, additions or expansions shall meet setback and other requirements of this Ordinance. ➢ The lot shall be served by municipal sewer and water. ➢ Storm water is collected and treated in compliance with the City Storm Water Management Plan and Best Management Practices. Such treatment may be comprised of either on-site control, access to the City's storm water control system, or a combination of both, to be approved by the City Engineer. (3) Impervious surface coverage for all "C" and "I" Use Districts and for Park/Recreation uses may be allowed to exceed 75% of the total lot or City of Prior Lake June 1,2009 1104/p8 Zoning Ordinance exceed existing conditions on the lot which are over 75% provided the following stipulations are met: ➢ A conditional use permit is submitted and approved as provided for in subsection 1108.200. ➢ Improvements that will result in an increased rate of runoff directly entering a public water shall have all structures and practices in compliance with the City Storm Water Management Plan in place for the collection and treatment of storm water runoff or will be constructed in conjunction with a conditional use permit application. ➢ All the conditions in subsection 1104.306(2) above are satisfactorily met. (4) Measures for the treatment of stormwater runoff and/or prevention of stormwater from directly entering public water include such appurtenances as sediment basins (debris basins, desilting basins, or silt traps), installation of debris guards and microsilt basins on storm sewer inlets, oil skimming devices, etc. 1104.307 Additional Special Provision: (1) Residential subdivisions with dwelling unit densities exceeding those in Subsection 1104.301 and 1104.302 of this subsection shall only be allowed if designed and approved as residential planned unit developments under Subsection 1104.800. Only land above the ordinary high-water level of public water can be used to meet lot area standards, and lot width standards must be met at both the ordinary high-water level and at the building line. (2) Subdivisions of duplexes, triplexes, and quads on Natural Environment Lakes must also meet the following standards: a. Each building must be set back at least 200 feet from the ordinary high-water level; b. Each dwelling unit must be separately served by public utilities, none of which are shared; C. Watercraft docking units must be separately served by public utilities, none of which are shared; d. No more than 25% of a lake's shoreline can be in duplex, triplex or quad developments. (3) Mooring Facilities shall meet the following conditions as determined by the Zoning Administrator: a. The facility shall be compatible with the adjacent land and water uses. b. Adequate water depth is available for the proposed facility without churning of bottom sediments. City of Prior Lake June 1,2009 1104/p9 Zoning Ordinance C. The facility will not create a volume of traffic on the lake in the vicinity of the facility that will be unsafe or will cause an undue burden. d. The facility will not affect the quality of water and the ecology of the lake. e. The facility, by reason of noise, fumes or other nuisance characteristics, will not be a source of annoyance to persons in the vicinity of the facility. f. Adequate sanitary and parking facilities will be provided in connection with the facility. g. Compliance with the provisions of Subsection 1104.307(4), (5) or (6) as applicable. (4) Controlled Access Lots shall meet the following conditions as determined by the Zoning Administrator: a. The lot must be suitable for the intended use as a Mooring Facility. b. The lot must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of non-riparian lots in the subdivision who are provided access rights on the lot. C. The entire lot shall be a minimum of 20 feet in depth measured from the Ordinary High Water Elevation. d. The allowable number of Boat Slips for a Controlled Access Lot shall be based on the conditions identified in Subsection 1104.307(3) and (4); provided however, in no case shall the number of boat slips exceed 1 Boat Slip for every 12.5 feet of Lot width as measured at the Ordinary High Water Elevation. e. Covenants must be recorded against the Controlled Access Lot and all benefiting lots that specify which lot owners have authority to use the Controlled Access Lot and what activities are allowed. The activities may include watercraft launching, loading, storing, beaching, mooring, or docking. The covenants may also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the non-significant conflict activities include swimming, sunbathing, or picnicking. The covenants must limit the total number of watercraft allowed to be securely moored, docked, or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alteration. The covenants must also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as City of Prior Lake ,lune 1,2009 1104/p10 Zoning Ordinance practical, from view from public water, assuming summer, leaf-on conditions. (5) Recreational Marinas shall be allowed on a riparian lot in the R-2 or C-2 Zoning Districts. The lot and Recreational Marina shall meet the following minimum conditions as determined by the Zoning Administrator: a. The minimum lot size shall be one (1) acre. b. The allowable number of Boat Slips shall be based on the conditions identified in Subsection 1104.307(3) and (5). C. The lot shall provide paved off-street parking at a minimum ratio of one (1) parking space per four (4) Boat Slips; parking shall not be located below the Ordinary High Water Elevation and shall further meet the standards in Subsection 1104.501(1) of this Ordinance. In addition, a landscaping buffer shall be installed and maintained between the parking and the Ordinary High Water Elevation sufficient to capture and filter all run-off from the parking. d. The lot shall meet the impervious surface coverage requirements in Subsection 1104.306 of this Ordinance. For purposes Subsection 1104.306 (2) and (3), Recreational Marinas shall be defined as a permitted commercial ("C) use. e. The lot shall have public bathrooms connected to municipal sanitary sewer or Portable Toilets as approved by the City. f. All General Performance Standards in Section 1107 of this Ordinance shall apply. Bufferyards, Type C, as defined in Subsection 1107.2005, shall be constructed along any "R" Use District. Signage shall be allowed per Subsection 1107.810 for Lake Services and shall further meet the standards in Subsection 1104.501(3) of this Ordinance. (6) Commercial Marinas shall be allowed on a riparian lot in the R-2 or C-2 Zoning Districts. The lot and Commercial Marina shall meet the following minimum conditions as determined by the Zoning Administrator: a. The minimum lot size shall be one (1) acre. b. The lot shall provide paved off-street parking at a minimum ratio of one (1) parking space per four (4) boat slips; parking shall not be located below the Ordinary High Water Elevation and further meet the standards in Subsection 1104.501(1) of this Ordinance. In addition, a landscaping buffer shall be installed and maintained between the parking and the Ordinary High Water Elevation sufficient to capture and filter all run-off from the parking. Additional off-street parking may be required for boat tours or if the Zoning Administrator determines that an ancillary use requires additional parking. City of Prior Lake June I,2009 1104/pll Zoning Ordinance C. The lot shall have public bathrooms connected to municipal sanitary sewer as approved by the City. d. The lot shall meet the impervious surface coverage requirements in Subsection 1104.306 of this Ordinance. For purposes Subsection 1104.306 (2) and (3), Commercial Marinas shall be defined as a permitted commercial ("C) use. e. All General Performance Standards in Section 1107 of this Ordinance shall apply. Bufferyards, Type C, as defined in Subsection 1107.2005, shall be constructed along any "R" Use District. Signage shall be allowed per Subsection 1107.810 for Lake Services and further meet the standards in Subsection 1104.501(3) of this Ordinance. f. Hours of operation for boat tours shall be limited to between 7:00 a.m. and 10:00 p.m., seven days a week. g. Commercial Marinas shall obtain and comply with a permit issued by the Minnesota Department of Natural Resources. The permit shall determine the number of allowable Boat Slips. (7) All Recreational Marinas and Commercial Marinas shall obtain a Conditional Use Permit following the procedures set forth in Subsections 1108.205 through 1108.222. The conditions set forth in Subsection 1104.307(3) and either (5) or (6) as applicable, as well as any conditions imposed by the Planning Commission or City Council, shall apply to Conditional Use Permits issue to Recreational Marinas and Commercial Marinas. (Ord.Amd. 114-12, publ. 6/28/14, 1104.307 in its entirety) 1104.308 Placement, Design,And Heiaht Of Structures: (1) Piers and Docks: Setback requirements from the ordinary high-water mark shall not apply to piers and docks. Location of piers and docks shall be controlled by applicable state and local regulations. (2) Setback Requirements For Residential Structures: On shoreland lots that have 2 adjacent lots with existing principal structures on both such adjacent lots, any new residential structure or any additions to an existing structure may be set back the average setback of the adjacent structures from the ordinary high-water mark or 50 feet, whichever is greater, provided all other provisions of the Shoreland Overlay District are complied with. In cases where only one of the two lots adjacent to an undeveloped shoreland lot has an existing principal structure, the average setback of the adjacent structure and the next structure within 150 feet may be utilized. Setback averaging may not be utilized when an undeveloped shoreland lot is adjacent to two other undeveloped shoreland lots. In no instance shall a principal structure be located in a shore impact zone or a bluff impact zone. City of Prior Lake June 1,2009 1104/p12 Zoning Ordinance a. The following shall not be considered encroachments into the lakeshore or bluff setback: 1) Eaves, gutters and basement egress windows, provided they do not extend more than 2 feet into a yard; and provided such encroachment is no closer than 5 feet from any lot line. 2) Yard lights and nameplate signs for one and two family dwellings in the R-1, R-2 and R-2 districts. 3) Floodlights or other sources of light illuminating authorized signs, or illuminating parking areas, loading areas, or yards for safety and security purposes if these meet the regulations of Subsection 1107.1800. 4) Flag poles, bird baths and other ornamental features detached from the principal building which are a minimum of 5 feet from any lot line. 5) Canopies no more than 12 feet wide are permitted in the "R-3", "C- 111, "C-2", "C-3" and "I-1" Districts if they are open at the sides, comply with provisions of Subsection 1101.506 and provide 14 feet of clearance if located over any access roadway or fire lane. b. The following recreational equipment shall not be encroachments on the lakeshore or bluff setback requirements: boats, boat trailers, general purpose trailers, fish houses, fire pits, utility trailers, jet skis, snowmobiles and other lake-oriented items. C. Additional regulations regarding encroachments allowed in front, rear, and side yards are located in Subsection 1101.503. d. Decks not meeting the required setbacks may be replaced if the following criteria are met: ➢ The deck existed on the date the structure setbacks were established; ➢ The replacement deck is in the same size, configuration, location and elevation as the deck in existence at the time the structure setbacks were established; ➢ The deck is not roofed or screened; and ➢ The existing deck is not located within an easement, right-of- way, or over a property line. (3) High Water Elevations: Structures must be placed in accordance with any flood plain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed must be determined as follows: City of Prior Lake June 1,2009 1104/p13 Zoning Ordinance a. For lakes, by placing the lowest floor at a level at least 3 feet above the highest known water level, or 3 feet above the ordinary high water level, whichever is higher; b. For rivers and streams, by placing the lowest floor at least 3 feet above the flood of record, if data are available. If data are not available, by placing the lowest floor at least 3 feet above the ordinary high-water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation. Under all three approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with Parts 6120.5000 to 6120.6200 governing the management of flood plain areas. If more than one approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities; and C. Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this subsection if the structure is constructed of flood-resistance materials to the flood elevation; electrical and mechanical equipment are placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris. (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. On riparian lots containing 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 registered surveyor, one water-oriented structure meeting the criteria listed in this subsection is permitted with a setback of not less than 10 feet from the ordinary high water mark. b. On riparian lots containing slopes less than 20%, one water-oriented accessory structure meeting the criteria listed in this subsection is permitted with a setback of not less than 50 feet from the Ordinary High 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 form the surface of the lake, assuming summer, leaf-on conditions; and City of Prior Lake June 1,2009 1104/p14 Zoning Ordinance 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 materials compatible with the principle 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 i. The structure shall be attached to a permanent foundation so as to be immovable from its approved location. j. Water oriented accessory structures not meeting the lakeshore required setbacks may be replaced if the following criteria are met: ➢ The structure existed legally on June 1, 2009; The replacement structure is the same size, configuration, location, building material, and height as the structure in existence on June 1, 2009; The existing structure is not located within an easement, right-of- way, side yard setback, or over a property line. (5) Stairways, Lifts, And Landings: Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts shall meet the following design requirements: a. Stairways and lifts shall not exceed 4 feet in width on residential lots. Wider stairways may be used for commercial properties, public open space recreational properties and planned unit developments; b. Landings for stairways and lifts on residential lots shall not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, Park/Recreation properties, and planned unit developments. The required lakeshore setback for landings shall be 10 feet measured from the ordinary high-water mark of the public water. Landings shall not project into any required side yard; City of Prior Lake June 1,2009 1104/p15 Zoning Ordinance C. Canopies or roofs are not allowed on stairways, lifts, or landings; d. Stairways, lifts and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; e. Stairways, lifts and landings shall be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and f. Facilities such as ramps, lifts or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of Subsections 1104.308(1) through (5) are complied with in addition to the requirements of Minnesota Regulations, chapter 1340. (6) Significant Historic Sites: No structure may be placed on a significant historic site as defined by Minnesota Statutes in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. (7) Steep Slopes: The City Engineer shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. 1104.309 Island Development: Development on islands without municipal sewer and water shall be subject to the following conditions: (1) Permitted uses on islands are limited to seasonal cabins and other seasonal structures, public parks and open space. Year-round residences are not permitted. Recreational facilities, such as a pavilion or picnic facilities for a homeowners' association, may also be permitted by conditional use permit as set forth in Subsection 1108.200. (2) Any structure built on an island must contain an enclosed septic system or incinerator toilet facilities. (3) An application for a building permit or variance must include a signed lease arrangement that indicates that the owner has two (2), on-land parking spaces for vehicles. In addition, the owner is required to provide proof of residency, at some location other than the island, at the time of building permit application. City of Prior Lake .lune 1,2009 1104/p16 Zoning Ordinance (4) The minimum lot size for all islands without municipal sewer and water is one acre. On Twin Island, the minimum lot size requirement is 12,000 square feet. (5) The minimum lot width at OHWM is seventy five feet (75'). (6) Setbacks for structures on islands shall comply with the following: ➢ Structure setback from OHWM 100 feet ➢ Side yard 10 feet ➢ Gray Water System from OHWM 75 feet (7) Clear cutting of natural vegetation is prohibited. Natural vegetation shall be restored insofar as feasible immediately after any construction project is completed to retard surface runoff and soil erosion. (8) Any removal of vegetation in conjunction with any construction project shall require a restoration plan to be submitted and reviewed by the City to ensure that natural vegetation is retained insofar as possible to screen seasonal structures and other buildings on site. (9) The lowest floor elevation of the structure including basement and crawl space must meet the requirements of Section 1105 or the provisions for locating the low floor elevation as described in Subsection 1104.308(3). (10) One detached accessory structure is permitted per lot on general development lakes subject to the issuance of a building permit and the following conditions: The lot must meet the minimum area and dimensional requirements listed in Subsection 1104.309; and The structures shall comply with all other required conditions and yard setbacks as stated in Subsection 1102.800(8); and The total ground floor area of the accessory structures shall not exceed the ground floor area of the principal structure (seasonal cabin), 25% of the area between the principal structure and the rear lot line, or 600 square feet, whichever is less; and ➢ The maximum height of the structure shall not exceed 15 feet from the grade adjacent to the structure; and The structure shall be setback a minimum of 100 feet from the ordinary high water mark (OHWM); and 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 an electrical system, with the proper permits; and The structure shall be compatible in design and materials with the principal structure (seasonal cabin); and If the structure is located below the regulatory flood plain elevation it shall be built in compliance with the applicable flood proofing requirements of the building code and Section 1105 of this Ordinance; and City of Prior Lake June 1,2009 1104/p17 Zoning Ordinance ➢ The structure shall be attached to a permanent foundation so as to be immovable from its approved location. 1104.400: SHORELAND ALTERATIONS: Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. 1104.401 Venetation Alterations: (1) Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by Section 1104 are exempt from the vegetation alteration standards that follow. (2) Removal or alteration of vegetation, except for agricultural and forest management uses as regulated by Section 1104 is allowed subject to the following standards: a. Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the City Engineer in which the property is located. b. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access and permitted water-oriented accessory structures of facilities, provided that: ➢ The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced; ➢ Along rivers, existing shading of water surfaces is preserved; and ➢ The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased or pose safety hazards. 1104.402 Toaoaraphic Alterations/Grading And Filling: (1) Grading and filling and excavation, including the import or export of materials within the bluff impact zone is not permitted. However, the movement or grading of existing materials within the bluff impact zone may be permitted subject to approval of a grading permit. Grading and filling and excavations in all areas within the Shoreland District necessary for the construction of structures, sewage treatment systems and driveways under validly issued construction permits for these facilities do not require the issuance of a City of Prior Lake June 1,2009 1104/p18 Zoning Ordinance separate grading and filling permit. However, the grading and filling standards in this subsection must be incorporated into the issuance of permits for construction of structures, sewage treatment systems and driveways. (2) Public roads and parking areas are regulated by Subsection 1104.403. (3) Notwithstanding subsections (1) and (2) above, a grading and filling permit will be required for: a. The movement of more than 10 cubic yards of material on steep slopes and within the shore impact zone; and b. The movement of more than 50 cubic yards or 500 square feet. (4) The following considerations and conditions must be.adhered to during the issuance of construction permits, conditional use permits, variances and subdivision approvals: a. Grading or filling in any wetland must be done in accordance with the Wetland Conservation Act. b. Alterations shall be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible; C. Erosion control best management practices shall be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover shall be established as soon as possible: d. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature shall be used. e. Altered areas shall be stabilized to acceptable erosion control standards consistent with the Public Works Design Manual. f. Fill or excavated material shall not be placed in a manner that creates an unstable slope; g. Plans to place fill or excavated material on steep slopes shall be reviewed by qualified professionals for continued slope stability and shall not create finished slopes of 4:1 or greater: h. Fill or excavated material shall not be placed in bluff impact zones: i. Any alterations below the ordinary high water level of public waters shall first be authorized by the Commissioner of Natural Resources under Minnesota Statutes, Section 103G.241. City of Prior Lake .lune 1,2009 1104/p19 Zoning Ordinance j. Alterations of topography shall only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and k. Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed 3 feet horizontal to 1 foot vertical, the landward extent of the riprap is within 10 feet of the ordinary high-water level, and the height of the riprap above the ordinary high-water level does not exceed 3 feet. 1104.403 Placement And Desian Of Roads, Driveways And Parking Areas: (1) Public and private roads and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation shall be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the Public Works Design Manual. (2) Roads, driveways and parking areas shall meet shoreland setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and shall be designed to minimize adverse impacts. (3) Public and private watercraft access ramps, approach roads, and access- related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this Section are met. For private facilities, the grading and filling provisions of Subsection 1104.402 shall be met. 1104.404 Stormwater Management: (1) When possible, existing natural drainageways, wetlands, and vegetated soil surfaces shall be used to convey, store, filter, and retain storm water runoff before discharge to public waters. (2) Development shall be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas shall be stabilized and protected as soon as possible in accordance with Best Management Practices. Facilities or methods shall be used to retain sediment on the site. (3) When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle storm water runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference shall be given to designs using surface drainage, City of Prior Lake .lune 1,2009 1104/p20 Zoning Ordinance vegetation, and infiltration rather than buried pipes and man-made materials and facilities. (4) When constructed facilities are used for storm water management, documentation shall be provided by a qualified individual that they are designed and installed consistent with the Public Works Design Manual. (5) New constructed storm water outfalls to public waters shall provide for filtering or setting of suspended solids and skimming of surface debris before discharge. 1104.500: SPECIAL PROVISIONS FOR COMMERCIAL, INDUSTRIAL, PUBLIC/SEMI- PUBLIC,AGRICULTURAL AND FORESTRY: 1104.501 Standards For Commercial, Industrial, Public, And Semi-Public Uses: Surface water-oriented commercial uses and industrial, public, or semi-public uses with similar needs to have access to and use of pubic waters may be located on parcels or lots with frontage on public waters. Those uses with water-oriented needs must meet the following standards: (1) In addition to meeting impervious coverage limits, setbacks and other zoning standards in this Section, the uses shall be designed to incorporate topographic and vegetative screening of parking areas and structures; (2) Uses that require short-term watercraft mooring for patrons shall centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need; and (3) Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards: a. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the County Sheriff; b. Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters; and C. Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights. City of Prior Lake .lune 1,2009 1104/p21 Zoning Ordinance (4) Uses without water-oriented needs shall be located on lots or parcels without public waters frontage, or if located on lots or parcels with public waters frontage, shall either be set back double the normal ordinary high water level setback or be substantially screened from the water by vegetation or topography, assuming summer, leaf-on conditions. Water-oriented need shall be determined by the Zoning Administrator. 1104.502 Agriculture Use Standards: General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the Public Works Design Manual, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high-water level. Animal feedlots must meet the following standards: ➢ New feedlots must not be located in the shoreland of watercourses or in bluff impact zones and must meet a minimum setback of 300 feet from the ordinary high-water level of all public waters basins; and ➢ Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high-water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high-water level setback or encroach on bluff impact zones. 1104.503 Forest Management Standards: The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Non-Point Source Pollution Assessment Forestry and the provisions of Water Quality in Forest Management, "Best Management Practices in Minnesota". 1104.600: WATER SUPPLY AND SEWAGE TREATMENT: 1104.601 Water Supply: Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency. 1104.602 Sewage Treatment: Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows: (1) Publicly-owned sewer systems shall be used where available. (2) All private sewage treatment systems shall meet or exceed the Minnesota Pollution Control Agency's standards for individual sewage treatment systems contained in the document titled, "Individual Sewage Treatment Systems Standards, Chapter 7080". City of Prior Lake ,lune 1.2009 1104/p22 Zoning Ordinance (3) On-site sewage treatment systems shall be set back from the ordinary high- water level in accordance with the setbacks contained in Subsection 1104.301. (4) All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria below. If the determination of a site's suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on-site field investigations. Evaluation Criteria: ➢ Depth to the highest known or calculated ground water table or bedrock; ➢ Soil conditions, properties, and permeability; ➢ Slope; ➢ The existence of lowlands, local surface depressions, and rock outcrops. (5) Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with Subsections 1104.602(6) and (7) below. (6) An existing treatment system not meeting the requirements of this Section shall be upgraded, at a minimum, at any time a building or zoning permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high-water level. (7) The City has by formal resolution notified the Commissioner of Natural Resources of its program to identify nonconforming sewage treatment systems. The City will require upgrading or replacement of any nonconforming system identified by this program within 2 years, as described in Subsection 1104.602(6) above. Sewage systems installed according to all applicable local shoreland management standards adopted under Minnesota Statutes, Chapter 103F, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems will less soil treatment area separation above ground water than required by the Minnesota Pollution Control Agency's chapter 7080 for design of on-site sewage treatment systems, shall be considered nonconforming. 1104.700: CONDITIONAL USES: Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional uses established in Subsection 1108.200. 1104.800: PLANNED UNIT DEVELOPMENTS (PUDS): City of Prior Lake June 1,2009 1104/p23 Zoning Ordinance 1104.801 Types Of PUDs Permissible: Planned unit developments (PUDs) are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. PUDs are an allowable use in all Use Districts. 1104.802 Application For A PUD: The applicant for a PUD must submit the following documents prior to final action being taken on the application request. (1) A site plan and/or plat for the project showing locations of property boundaries, surface water features, existing and proposed structures and other facilities, land alterations, sewage treatment and water supply systems (where public systems will not.be provided), and topographic contours at 2 foot intervals or less. When a PUD is a combined commercial and residential development, the site plan and/or plat must indicate and distinguish which buildings and portions of the project are residential, commercial or a combination of the two. (2) A property owners' association agreement (for residential PUDs) with mandatory membership, and all in accordance with the requirements of Subsection 1104.805. (3) Deed restrictions, covenants, permanent easements or other instruments that: a) properly address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PUDs and b) ensure the long-term preservation and maintenance or open space in accordance with the criteria and analysis specified in Subsection 1104.805. (4) When necessary, a master plan/drawing describing the project and the floor plan for all commercial structures to be occupied. (5) Those additional documents as requested by the Zoning Administrator that are necessary to explain how the PUD will be designed and will function. 1104.803 Site "Suitable Area" Evaluations: Proposed new or expansions to existing planned unit developments must be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation in Subsection 1104.804. (1) The project parcel must be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high-water level at the following intervals, proceeding landward. City of Prior Lake June 1,2009 1104/p24 Zoning Ordinance SHORELAND TIER DIMENSIONS Unsewered (feet) Sewered (feet) General Development Lakes 200 200 (first tier) General Development Lakes 267 267 (second tier) Recreational Development 267 267 Lakes Natural Environment Lakes 400 320 All River Classes 300 300 (2) The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs, or land below the ordinary high water level of public waters. This suitable area and the proposed project are then subject to either the residential or commercial planned unit development density evaluation steps to arrive at an allowable number of dwelling units or sites. 1104.804 Residential And Commercial PUD Densitv Evaluation: The procedures for determining the "base" density of a PUD and density increase multipliers are outlined as follows. Allowable densities may be transferred from any tier to any other tier further from the waterbody, but must not be transferred to any other tier closer to the waterbody. (1) Residential PUD "Base" Density Evaluation: The suitable area within each tier is divided by the single residential lot size standard for lakes or, for rivers, the single residential lot width standard multiplied by the tier depth, unless the local unit of government has specified an alternative minimum lot size for rivers which shall then be used to yield a base density of dwelling units or sites for each tier. Proposed locations and the number of dwelling units or sites for the residential planned unit developments are then compared with the tier, density, and suitability analysis herein and the design criteria in Subsection 1104.805. (2) Commercial PUD "Base" Density Evaluation: a. Determine the average inside living area size of dwelling units or sites within each tier, including both existing and proposed units and sites. Computation of inside living area sizes need not include decks, patios, stoops, steps, garages, porches or basements, unless they are habitable space. b. Select the appropriate floor area ratio from the following table. City of Prior Lake .lune 1,2009 1104/p25 Zoning Ordinance COMMERCIAL PUD FLOOR AREA RATIOS PUBLIC WATER CLASSES Average Sewered General Second and Additional tiers Natural Unit Floor Development Lakes; First on unsewered General Environment Area tier on unsewered Development Lakes; Lakes and remote (Sq. Feet) General Development Recreational Lakes; river segments Lakes; Urban, Transition and Forested Agricultural,Tributary river segments river segments 200 .040 .020 .010 300 .048 .024 .012 400 .056 .028 .014 500 .065 .032 .016 600 .072 .038 .019 700 .082 .042 .021 800 .091 .046 .023 900 .099 .050 .025 1,000 .108 .054 .027 1,100 .116 .058 .029 1,200 .125 .064 .032 1,300 .133 .068 .034 1,400 .142 .072 .036 1,500 .150 .075 .038 *For average unit floor areas less than shown, use the floor area ratios listed for 200 square feet. For areas greater than shown, use the ratios listed for 1,500 square feet. For recreational camping areas, use the ratios listed at 400 square feet. For manufactured home sites in recreational camping areas use a ratio equal to the size of the manufactured home, or if unknown, the ratio listed for 1,000 square feet. C. Multiply the suitable area within each tier by the floor area ratio to yield total floor area for each tier allowed to be used for dwelling units or sites. d. Divide the total floor area by tier computed in subsection (c) above by the average inside living area size determined in subsection (a) above. This yields a base number of dwelling units and sites for each tier. e. Proposed locations and number of dwelling units or sites for the commercial planned unit development are then compared with the tier, density and suitability analysis herein and the design criteria in Subsection 1104.805. City of Prior Lake .Tune 1,2009 1104/p26 Zoning Ordinance (3) Density Increase Multipliers: a. Increases to the dwelling unit or dwelling site base densities previously determined are allowable if the dimensional standards in Subsection 1104.300 are met or exceeded and the design criteria in Subsection 1104.805 are satisfied. The allowable density increases in subsection b. below will only be allowed if structure setbacks from the ordinary high-water levels are increased to at least 50% greater than the minimum setback, or the impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the local unit of government and the setback is at least 25% greater than the minimum setback. b. Allowable dwelling unit or dwelling site density increases for residential or commercial planned unit developments: Density Maximum Density Evaluation Tiers Increase Within Each Tier First 50% Second 100% Third 200% Fourth 200% Fifth 200% 1104.805 Maintenance and Design Criteria: (1) Maintenance and Administration Requirements: a. Approval Of Development: Before final approval of a planned unit development, adequate provision must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development. b. Open Space Preservation: Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means must be provided to ensure long-term preservation and maintenance of open space. The instruments must include all of the following protections: ➢ Commercial uses prohibited (for residential PUDs); ➢ Vegetation and topographic alterations other than routine maintenance prohibited; ➢ Construction of additional buildings or storage of vehicles and other materials prohibited; and ➢ Uncontrolled beaching of watercraft prohibited. C. Development Organization And Functioning: Unless an equally effective alternative community framework is established, when City of Prior Lake ,lune 1,2009 1104/p27 Zoning Ordinance applicable, all residential planned unit developments must use an owners association with the following features: ➢ Membership shall be mandatory for each dwelling unit or site purchaser and any successive purchasers; ➢ Each member shall pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units or sites; ➢ Assessments shall be adjustable to accommodate changing conditions; and ➢ The association shall be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities. (2) Open Space Requirements: Planned unit developments must contain open space meeting all of the following criteria: a. At least 50% of the total project area within the Shoreland Overlay District shall be preserved as open space; b. Dwelling units or sites, road rights-of-ways, or land covered by road surfaces, parking areas, or structures, except water-oriented accessory structures, or facilities, are developed areas and shall not be included in the computation of minimum open space; C. Open space shall include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries. d. Open space may include outdoor recreational facilities for use by owners or dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public. e. Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems; f. Open space shall not include commercial facilities or uses, but may contain water-oriented accessory structures or facilities; g. The appearance of open space areas, including topography, vegetation, and allowable uses, shall be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means; and h. The shore impact zone, based on normal structure setbacks, shall be included as open space. For residential PUDs, at least 50% of the shore impact zone area of existing developments or at least 70% of the shore impact zone area of new developments shall be preserved in its natural existing state. For commercial PUDs, at least 50% of the shore impact zone shall be preserved in its natural state. City of Prior Lake June 1,2009 1104/p28 Zoning Ordinance (3) Erosion Control and Storm Water Management: Erosion control, storm water management plans, and Best Management Practices shall be developed and the PUD shall: a. Be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This shall be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetation buffer strips, or other appropriate techniques shall be used to minimize erosion impacts on surface water features. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristic warrant; and b. Be designed and constructed to effectively manage reasonably expected quantities and qualities of storm water runoff. Impervious surface coverage within any tier shall not exceed 25% of tier area, except that for commercial PUD's 35% impervious surface coverage may be allowed in the first tier of general development lakes with an approved storm water management plan and consistent with subsection 1104.400. (4) Centralization and Design of Facilities: Centralization and design of facilities and structures shall be done according to the following standards: a. Planned unit developments shall be connected to publicly owned water supply and sewer systems; b. Dwelling units or sites shall be clustered into one or more groups and located on suitable areas of the development. They shall be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the ordinary high water level, elevation above the surface water features, and maximum height. Setbacks from the ordinary high water level shall be increased in accordance with Subsection 1104.804(3) for developments with density increases; C. Shore recreation facilities, including but not limited to swimming areas., docks, and watercraft mooring areas and launching ramps, shall be centralized and located in areas suitable for them. Evaluation of suitability shall include consideration of land slope, water depth, vegetation, soils, depth to ground water and bedrock, or other relevant factors. The number of spaces provided for continuous beaching, mooring, or docking. of watercraft shall not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers; City of Prior Lake June 1,2009 1104/p29 Zoning Ordinance d. Structures, parking areas, and other facilities shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf-on conditions. Vegetative and topographic screening shall be preserved, if existing, or may be required to be provided; e. Accessory structures and facilities, except water-oriented accessory structures, shall meet the required principal structure setback and shall be centralized; and f. Water-oriented accessory structures and facilities may be allowed if they meet and exceed design standards contained in Subsection 1104.308(4). 1104.806 Conversions: Local governments may allow existing resorts or other land uses and facilities to be converted to residential planned unit developments if all the following standards are met: (1) Proposed conversions shall be initially evaluated using the same procedures for residential planned unit developments involving all new construction. Inconsistencies between existing features of the development and these standards must be identified. (2) Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open space, and shore recreation facilities shall be corrected as part of the conversion or as specified in the conditional use permits. (3) Shore and bluff zone deficiencies shall be evaluated and reasonable improvements made as part of the conversion. These improvements shall include, where applicable, the following: a. Removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore or bluff impact zones; b. Remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and other facilities as viewed from the water; and G. If existing dwelling units are located in shore or bluff impact zones, conditions are attached to approvals of conversions that preclude exterior expansions in any dimension or substantial alterations. The conditions shall also provide for future relocation of dwelling units, where feasible, to other locations, meeting all setback and elevation requirements when they are rebuilt or replaced. (4) Existing dwelling unit or dwelling site densities that exceed standards in Subsection 1104.804 may be allowed to continue but shall not be allowed to City of Prior Lake .lune 1,2009 1104/p30 Zoning Ordinance be increased, either at the time of conversion or in the future. Efforts shall be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other means. 1104.900: DEVELOPMENT ON NONCONFORMING LOTS: 1104.901 Puraose: The purpose of regulating development on substandard lots of record is to coordinate development on substandard lots to ensure environmentally sensitive development, ensure compatibility with surrounding existing development and to allow for combination of lots to the extent possible. 1104.902 Nonconformina Lot: Development of a nonconforming lot of record requires sensitivity and careful attention to issues of drainage, setbacks, flood plain elevation, grading, lot coverage, existing vegetation cover, and relationship to adjacent structures. New construction upon nonconforming lots should be carefully designed to integrate with the existing neighborhood development. It is the intent of this Section to provide flexibility to develop nonconforming lots. However, the requirements outlined herein are intended to define the conditions under which the City will allow a nonconforming lot to be developed for single-family detached dwelling purposes without a variance. Development on nonconforming lots of record which do not comply with these criteria may only be considered after application for, and approval of, appropriate variances as provided for in Subsection 1108.400. (1) Sewered Areas: A legal lot of record existing upon the effective date of this Section in a residential district, located adjacent to a General Development or Recreational Development Lake, which does not meet the requirements of this Section as to area or width may be utilized for single-family detached dwelling purposes, provided that all of the conditions of this subsection apply: a. The minimum lot size with public sewer shall be a minimum of 50 feet in width measured at the front yard setback line and shall have a minimum lot area equal to or greater than 7,500 square feet. b. The lot has been assessed a sewer and water assessment and will not require an on-site septic system for development. C. The lot was created compliant with official controls in effect at the time. d. The development plans shall be in conformance with the policies for residential development as outlined in the Comprehensive Plan. e. The development plan shall not exceed thirty percent (30%) impervious surface coverage. f. Development shall be planned and conducted in such a manner that the control of disturbed areas and erosion is demonstrated during and after construction. g. A complete grading and drainage plan shall be submitted to the City Engineer for review. Such plans should be prepared in accordance with the Storm Water Management Plan. City of Prior Lake June 1,2009 1104/p31 Zoning Ordinance h. The lot and proposed structure shall meet all other performance standards of the zoning and building codes. (2) All Areas: Development of all nonconforming legal lots of record existing upon the effective date of this Section shall comply with the following: a. In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements: (1) The lot must be at least 66 percent of the dimensional standard for lot width and lot size; (2) The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system; (3) Impervious surface coverage must not exceed 30 percent of each lot; and (4) Development of the lot must be consistent with an adopted comprehensive plan. b. A lot subject to paragraph (a) not meeting the requirements of paragraph (a) must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. C. Notwithstanding paragraph (a), contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system, or connected to a public sewer. d. In evaluating all variances, zoning and building permit applications, or conditional use requests, the zoning authority shall require the property owner to address, when appropriate, storm water runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions. e. A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage system requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. (THIS SPACE INTENTIONALLY BLANK FOR FUTURE AMENDMENTS) City of Prior Lake .lune 1,2009 1104/p32 MEMORANDUM TO: Frank Boyles FROM: Mark Johnson&Maggie Evavold DATE: August 4, 2014 RE: Shoreland Buffer Code Amendment Our File No.: 4200.001 In response to the recent significant flooding,the City of Prior Lake ("City") may want to adopt additional rules to regulate and improve shoreline buffers on Prior Lake. This memo describes the process for adopting such rules, the types of potential regulations that could be implemented, and one potential method of assisting in the financing of such improvements. 1. Process Planning Commission, City Council, DNR Under Minnesota zoning and land use law, Minn. Stat. § 462.357, subd. 1, a city is authorized to adopt ordinances that regulate, among other things, the uses of land for the conservation of shorelands and flood control. Adopting rules that would address shoreline buffer requirements is therefore a matter of land use and zoning. Section 1104 of the Prior Lake City Code, which is a part of the City's zoning ordinance, currently contains shoreland regulations that apply to all shorelands within the City. Amending section 1104 to provide more specific shoreline buffer rules requires compliance with the customary process for a text amendment to the zoning ordinance. City Code subsection 1108.500 sets forth the process for such an amendment. A text amendment may be initiated by petition of an individual or by motion of the Planning Commission or the City Council. City Code § 1108.501. Once initiated, City staff must review the proposed amendment and provide`a report to the Planning Commission. City Code § 1108.505. The Planning Commission must hold a public hearing on the proposed amendment and make a recommendation to the City Council.Id. The proposed amendment is then considered by the City Council,which may approve the amendment in whole or in part,deny the amendment,or continue consideration of the amendment for further investigation. Id. An amendment to the zoning ordinance passes upon a majority vote of the Council. City Code § 1108.508. The City must also obtain DNR approval of any zoning rules affecting shorelands.Because the protection of water resources is a matter of particular concern to the state, the legislature has enacted laws that impose additional requirements on cities that wish to regulate shorelands. See Minn. Stat. §§ 103F.201-103F.227. In particular, a city must submit any ordinances or rules affecting the use and development of its shorelands to the Minnesota Department of Natural August 4, 2014 Page 2 Resources ("DNR") for review. Minn. Stat. § 103F.221, subd. 1(a). The DNR reviews the ordinance to determine whether the regulations are in substantial compliance with its shoreland standards and criteria, considering any features unique to the shoreland in question.Id. If the DNR determines that the city's ordinances or rules do not substantially comply with state standards,the city must amend the rules within one year to achieve substantial compliance with the state standards.Id.,subd. 1(b).If the city fails to amend the ordinance as required by the DNR,the DNR may adopt an ordinance or rules for the city that meet state standards and criteria for municipal shoreland management.Id., subd. 2. The statute does not require or allow for DNR approval before the City adopts the proposed ordinance. In fact, in connection with the City's recent amendment to the shoreland regulations applicable to marinas,the DNR refused to formally review the ordinance until it had been passed by the City Council and published in the City's official newspaper. The DNR did, however, informally review and provide feedback on the proposed marina ordinance as it was being prepared. Presuming the DNR would extend the same courtesy to the proposed shoreline buffer rules, the approval process would not be expected to unreasonably delay the effectiveness of the rules once adopted. In sum, to enact new shoreline regulations, the City must amend the text of the zoning ordinance and obtain DNR approval. Moratorium An amendment to the zoning ordinance is only applicable to activities undertaken after the date of the amendment. If the City is concerned that property owners will commence shoreline alterations before the proposed amendment is adopted, and that such alterations might not meet City standards, it could impose a moratorium on any such activities until the City has a chance to study the matter and pass the amendment. Given that the potential amendments to the shoreland regulations could be significant,a moratorium would help to ensure consistency among the City's lakeshore properties. To impose a moratorium,the City Council must pass a resolution authorizing further study of what amendments to the City Code may be required, along with an interim ordinance imposing a moratorium prohibiting any shoreline alterations for up to one year. The City Council is not required to hold a public hearing before passing an interim ordinance. See Minn. Stat. § 462.355, subd. 4. 2. Potential Shoreline Buffer Regulations The City Code section containing shoreland regulations does not currently contain any specific requirements addressing shoreline buffers, besides requiring structural setbacks and generally encouraging the use and preservation of natural drainageways and vegetation. See, e.g., City Code §§ 1104.300, 1104.404.Local watershed districts,including the Prior Lake Spring Lake Watershed District, promulgate rules and standards for shoreline buffers. These watershed standards provide examples of the type of regulations the City could impose in an amendment to the zoning ordinance, including: August 4, 2014 Page 3 • Requiring a "buffer strip" of natural vegetation of a certain width around the perimeter of recreational lakes. Natural vegetation may include certain grasses, trees and/or shrubs, or a mixture of various plants • Prohibiting any alterations within the buffer strip, including building, paving, mowing, dredging, filling, fertilizing, yard waste disposal, or other activities that may affect the buffer; • Prohibiting the alteration of vegetation except for enhancements to the buffer strip and the removal of invasive species; • Prohibiting the location of roads or utilities within the buffer; • Minimizing erosion during construction activities; • Limiting the extent to which a property owner may disturb the natural shoreline, both above and below the Ordinary High Water Level; and • Requiring permanent monuments at each parcel line where the line crosses a buffer strip to accurately define the edge of the strip. These regulations could be enforced,for example,through a permit requirement at the time ground vegetation is disturbed or any structure is placed on the affected property. Further, before any such activity is undertaken, the property owner could be required to provide a declaration, easement,or other instrument incorporating the buffer requirements,that must be recorded against the title to the property to ensure the perpetual maintenance of the buffer zone. 3. Financing Shoreline Buffers and other Flood-Related Improvements The City is exploring various options to assist property owners in financing the cost of shoreland improvements and other flood-mitigation efforts that may be required under the proposed shoreline buffer rules. One such option is the establishment of a Housing Improvement Area("HIA"). State law allows a city to establish by ordinance an HIA, which is "a defined area within the city where housing improvements are made or constructed. . . ."Minn. Stat. § 428A.11,subd. 5. The City may define in the ordinance what constitutes a "housing improvement." Id., subd. 4. By establishing an HIA comprised of lakeshore properties and defining "housing improvement" as shoreline improvements,the City could essentially provide financing for private efforts towards such improvements and recoup its costs by specially assessing the property owners in the HIA. The specific procedures involved in establishing an HIA are described in detail in the attached memorandum. Worth noting here,however,is that the establishment of an HIA may only be initiated upon the petition of a certain percentage of property owners that would be subject to the HIA. Thus, while the City could educate property owners about the potential benefits of an HIA and encourage a petition, it may not unilaterally establish the HIA. P:\home\4200.001 -PRIOR LAKE -Administration-General\Flooding\Shoreland Buffers\Memos\2014 08 04 -MT Boyles - Shoreland Buffer Rules.docx MEMORANDUM TO: Frank Boyles FROM: Mark Johnson&Maggie Evavold DATE: August 4, 2014 RE: Housing Improvement Areas Our File No.: 4200.001 Upon the petition of property owners, city may establish by ordinance a Housing Improvement Area ("HIA"). An HIA is "a defined area within the city where housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area."Minn. Stat. § 428A.11, subd. 5. The establishment of an HIA may only be initiated by the petition of"owners of 50% or more of the housing units that would be subject to fees in the proposed HIA." Minn. Stat. § 428A.12. The statute defines "housing unit" as "real property and improvements thereon consisting of a one-dwelling unit,or an apartment or unit. . .that is occupied by a person or family for use as a residence."Minn. Stat. § 428A.12, subd. 6. Upon receipt of the required petition, the city must prepare an ordinance establishing the HIA and specifically describing"the portion of the city to be included in the area,the basis for the imposition of the fees, and the number of years the fee will be in effect." Minn. Stat. § 428A.13, subd. 1. The ordinance must also contain findings that "without the [HIA], the proposed improvements could not be made by the . . .housing unit owners, and the designation is needed to maintain and preserve the housing units within the housing improvement area."Id. The ordinance must also designate the "implementing entity," which can be the city or a different authority responsible for implementing and administering the HIA. Id.; Minn. Stat. § 428A.11, subd. 8. An "authority"can be an economic development authority or a housing and redevelopment authority. Minn. Stat. § 428A.11, subd. 7. The city must comply with notice and public hearing requirements before adopting the proposed HIA ordinance. Minn. Stat. § 428A.13, subds. 1, 2. At the public hearing, the city or implementing entity"shall provide a preliminary listing of the housing improvements to be made in the area" and "identify those housing units that have completed the proposed housing improvements and are proposed to be exempted from a portion of the fee."Id., subd. 3.Before the ordinance is adopted,the owner of a housing unit in the proposed HIA may file a written objection asserting that his or her property should not be included in the HIA or should not be subject to a fee "for the reason that the property would not benefit from the improvements."Id., subd. 4. The city council then has 60 days to rule on the objection.Id. The city council may adopt the ordinance establishing an HIA at any time within six months of the public hearing by majority vote.Id., subd. 2. August 4, 2014 Page 2 In conjunction with the ordinance establishing the HIA,or by resolution at a later date,the city may impose fees"on the housing units within the [HIA] at a rate,term or amount sufficient to produce revenue required to provide housing improvements in the area to reimburse the implementing entity for advances made to pay for the housing improvements or to pay principal of, interest on, and premiums, if any, on bonds issued by the implementing authority."Minn. Stat. § 428A.14, subd. 1.As with the establishment of the HIA,no action may be taken to impose a fee "unless owners of 50% or more of the housing units subject to the proposed fee file a petition requesting a public hearing on the proposed fee."Minn. Stat. § 428A.12. The fee can be imposed (1) on the basis of the tax capacity of the housing unit, (2) on the basis of the total amount of square footage of the housing unit,or(3)by another method determined by the council and specified in the resolution.Minn.Stat. §428A.14,subd. 1.If the council chooses a method other than tax capacity or square footage, it must make a finding that "the alternative basis for the fee is more fair and reasonable."Id. A public hearing must be held before imposing fees, and the notice for such hearing must include: (1) a statement that all interested persons will be given an opportunity to be heard at the hearing; (2) the estimated costs of the improvements; (3) the amount to be charged against the particular property; (4)the right of the property owner to prepay the entire fee; (5)the number of years the fee will be in effect; and (6) a statement that the petition requirements have either been met or do not apply to the proposed fee. Id. The implementing entity may then adopt a resolution imposing a fee within six months of the public hearing. Id. In addition to imposing a fee by resolution, the city may also specially assess housing improvements to benefited property within an HIA.Minn. Stat. § 428A.20. The effective date of an ordinance establishing an HIA or a resolution imposing a fee is 45 days after adoption.Minn. Stat. §428A.18,subd. 1.The city must mail a summary of the ordinance to the owner of each housing unit in the HIA within 5 days of adoption and provide notice that owners of units subject to a fee have a right to veto the ordinance before the effective date. Id. If residents of 45%or more of the housing units subject to the fee file an objection before the effective date, the ordinance does not become effective. Id., subd. 2. Similarly, if owners of 45% or more of the housing units' tax capacity subject to a fee imposed file an objection before the effective date of a resolution imposing fees,the resolution does not become effective. Id. P:\home\4200.001 -PRIOR LAKE - Administration - General\Flooding\Shoreland Buffers\Memos\2014 08 04 -MT Boyles - Housing Improvment Areas.docx BRIGGS 32200 First National Bank Building 332 Minnesota Street St.Paul MN 55101-1396 tel 651.808.6600 fax 651.808.6450 July 11, 2014 Mary L.Ippel (651)808-6620 mippel@briggs.com VIA E-MAIL Ms. Jerilyn Erickson Mr. Steve Mattson City Finance Director Northland Securities, Inc. City of Prior Lake Suite 2000 Prior Lake City Hall 45 South 7th Street 4646 Dakota Street SE Minneapolis,MN 55402-1625 Prior Lake, MN 55372 Ms. Tammy Omdal Mr. Frank Boyles Manager of Northland Strategies/Senior Vice City Manager President City of Prior Lake Northland Securities, Inc. Prior Lake City Hall Suite 2000 4646 Dakota Street SE 45 South 7th Street Prior Lake,MN 55372 Minneapolis,MN 55402-1625 Re: Bonding Authority Dear Jerilyn, Steve, Tammy and Frank: I'm going to give you the short version as it relates to bonding authority for the scenarios identified in Jerilyn's July 8, 2014 email. To the extent the City wishes to explore these options in greater detail I can prepare a follow-up email. You have asked the question as to the bonding authority for the City to acquire property in a flood plain, demolish existing structures, restore the shoreline and potentially allow a new structure to be built on these properties. The City has the legal ability to issue General Obligation Abatement Bonds for this purpose. The bonds can be issued on tax exempt basis unless the City intends to sell all or a portion of the properties in which case the bonds will have to be issued as taxable bonds. In connection with the establishment of a tax abatement area and the issuance of General Obligation Tax Abatement Bonds it is necessary for the City to hold a public hearing and identify the properties for which an abatement is under consideration. The principal amount of the bonds can't exceed the amount of the tax abatements. In any year, the total amount of property taxes abated by the City may not exceed 10% of the net tax capacity of the City for the taxes payable year to which the abatement applies or $200,000 whichever is greater. The City must add to its levy amount for the current year the total estimated amount of all current year abatements granted. Briggs and Morgan,Professional Association Minneapolis I St.Paul I www.briggs.com 6352144v1 Member-Lex Mundi,a Global Association of Independent Law Firms B RIGGS AND MORGAN Ms. Jerilyn Erickson Mr. Steve Mattson Ms. Tammy Omdal Mr.Frank Boyles July 11,2014 Page 2 You have also asked the question as to the bonding authority for the purpose of the City providing assistance in the form of loans to property owners whose homes were damaged from a flooding event for the purpose of repairing homes and/or shorelines and requiring the installation of rain gardens or buffer zones. Bonds issued for this purpose would have to be issued as taxable bonds because of the private nature of the use of the proceeds. General Obligation Tax Abatement Bonds could be issued for this purpose although there may be political concerns because of the private use of the proceeds and the use of city wide taxes for such purposes. General Obligation Housing Improvement Area Bonds can be issued under the housing improvement area law (Chapter 428A) provided that an ordinance establishing the housing improvement area must be adopted which includes findings that the proposed improvements could not be made by the housing unit owners and the designation is needed to maintain and preserve the housing units within the housing improvement area. Is this a finding that can be made by the City? In addition a public hearing is necessary to be held on the establishment of a proposed housing improvement area and a public hearing cannot be held unless owners of 50% or more of the housing units that would be subject to the improvement fee imposed by the City petition the City requesting a public hearing on the proposed fee. Fees are imposed on the housing units for the cost of the proposed improvements and those fees are used to pay the principal and interest on the Bonds. I am not aware of a City who has established a housing improvement area for single family units and for these type of improvements. Housing improvement areas have been established on a limited basis and to my knowledge for apartments, townhouses and condo associations and the proceeds of the bonds have been used to fix common area improvements that are of a similar benefit to each housing unit such as roofs, foundations, etc. These are my initial thoughts and if you want to pursue it further please let me know. Very truly yours, Mary L. Ippel MLI/jmc 6352144v1