HomeMy WebLinkAbout7C - Setbacks for Wetlands ES
NUMBER:
PREPARED BY:
SUBJECT:
DATE:
7(C)
BILL MANGAN, DIRECTOR OF PARKS AND RECREATION
REVIEW ORDINANCE 94-01, SETBACKS FOR WETLANDS,
TO DETERMINE THE IMPACT ON PARK DEDICATION
REQUIREMENTS.
JANUARY 17, 1995
INTRODUCTION:
BACKGROUND:
This item is on the agenda at the request of the City Council as a
directive to staff to review Ordinance 94-01 to determine the
impact it may have on the Park Dedication requirement for new
subdivisions. The specific concern is that the existing dedication
policy is yeilding too much marginal/inactive land (ponds, steep
slopes, and marshes) and not enough dry, stable land for active
park proposes.
In the Subdivision Ordinance, section 6-6-4 (F), (see attachment),
states that the subdivision grading plan indicates that there will be
a minimum of a thirty (30) foot setback from the 100 yeax' flood
elevation of the wetland to the building pad. In some instances,
this may pose a problem for parks and open space in those areas
that will have development on them. However, each situation will
have to be addressed as part of the park dedication review.
In addition, Section 6-6-8, Park Dedication, delineates the credit
allowed for slopes and soils.
DISCUSSION:
As fax' as the Wetland Setback portion, staff is comfortable with the
new ordinance and can adapt to the regulations as pa~ of the
negotiations for the park dedication requirement.
Regarding the Land Characteristics and Values assigned, this gets a
bit more complicated. There are some lands located within Prior
Lake, for example, that should be preserved forever. An example
of this would be the Jeffers Ridge along County Road 21. Under
cmxent ordinance, a developer would be given a 25% credit for this
ridge because it is greater than a 20% slope. This would allow the
city to protect the amenity yet not use up the entire 10% allocation
to protect the amenity.
The new wetland preservation guidelines will not allow filling of
wetlands (or at the very least, make it very difficult), so at this
point in time, there is no credit given for wetlands as open space
because they have to remain as wetlands. Nor is credit given for
open water or standing water as far as parkland dedication is
concerned. The Council may wish to direct clarification of the
pm'k dedication ordinance on this point.
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
~ mu^L oPPoRYurqrrY
ALTERNATIVES:
RECOMMENDATION:
An example of how this ordinance was put to a good test was the
Cardinal Ridge Preliminary Plat. With this plat, over 1/3 of the
plat (50+ acres) was dedicated as open space for either parks or
storm water management. The steep slopes and woodlands on the
south end of the plat were preserved as steep slopes and. credited
accordingly. Without this ordinance, the city would have received
less than one-half of the park land dedicated and would have had to
purchase additional land for preservation. Of the total dedication,
35 acres can be used for active or passive open space purposes for
the development of playgrounds, tot lots, trails, and shelters.
Similarily, Knob Hill will also provide for both active and passive
recreation opportunities through the open space dedicated in this
subdivision. With a 10% dedication requirement, the Knob Hill
plat of 100 acres would have to dedicate 10 acres of stable, dry
upland for park purposes. By using the formula in the dedication
ordinance, staff was able to acquire almost 16 scres which includes
dry upland as well as some areas of steep slopes that go to ponds
and wetlands. This will allow the development of a neighborhood
park and playfield, trails, shelter, and nature areas all within the
subdivision.
With the subdivision of Westbury Ponds, staff approached this
parcel differently because of the huge DNR wetlands involved as
well as the parcel being adjacent to school district property. By
dedicating land next to the school, staff hopes to develop a Joint
Powers Agreement with the school district for development of the
site into youth community playfields. In addition, the large
wetlands provide a perfect opportunity for passive open space and
trails. Normally, under the 10% dedication, this subdivision would
have to dedicate 6 acres for open space. Through the application
of this dedication ordinance, there will be over 10 acres of open
space (excluding the ponds and wetlands) that will be used for both
active and passive recreation purposes.
Staff will have available for review at the meeting the preliminary
plats of Knob Hill, Cardinal Ridge, and Westbury Ponds to
illustrate how this ordinance was applied to the new subdivisions
to determine parkland dedication.
There are three alternatives for the City Council to consider:
1. A motion that Subdivision Ordinance 6-6-8 not be changed.
2. A motion to direct staff to explore changes in Subdivision
Ordinance 6-6-8;
3. Table this item until some date certain in the future.
Staff would recommend that Subdivision Ordinance 6-6-8 be left
in existing form with respect to dedication guidelines. Clarification
would be appropriate to address the fact that wetlands receive no
dedication credit. The current ordinance allows the city flexibility
ACTION REQUIRED:
REVIEWED BY:
AGNI3
and has not been a problem for developers in the past. If this
ordinance were to change to only allow stable, flat, upland parcels
for parks and open space, it would end up costing the city money
to purchase land that the Comprehensive Plan suggests should
remain open space.
A motion would be in order to reflect City Council discussion
regarding the .atives.
6-6-4:
(A)
(B)
(c)
(D)
(E)
(F)
. .
(G)
(H)
LOTS:
Location: All lots shall have frontage on a publicly dedicated street or a street that has
received legal status except that lots in Planned Unit Developments may have frontage
on a private road or street. Frontage on a street shall be measured at the setback line.
Size: The lot dimensions and areas shall comply with requirements specified in the Prior
Lake Zoning Ordinance.
Side Lot Lines: Side lot lines shall be approximately at right angles to straight street lines
or radial to curved street lines.
Double Frontage Lots: Double frontage lots shall be avoided except where lots back on
an arterial or collector street.
Comer Lots: Comer lots for residential use shall exceed the minimum width and area
requirement for that district by twenty percent (20%).
Wetland or Detention Pond: Any lot abutting or including a wetland or detention pond
within a Residential Zoning District, shall have one-hundred (100) percent of the
minimum lot size requirement for the zoning district, as identified in the Prior Lake Zoning
Ordinance, outside of the 100-year flood elevation of the wetland or detention pond.
1. For all ResidentialZoning Districts, the subdivision grading plan shall indiicate a
minimum setback of thirty (30) feet measured from the 100 year flood elevation
of the wetland or detention pond to'the building pad or house location. (Ord.
94-01).
Lot Remnants: All remnants of lots below minimum size remaining after subdivision of a
larger tract must be added to adjacent lots rather than allowed to remain as unusable
parcels.
Butt Lots: Butt lots in residential districts shall be platted at least twenty percent (20%)
wider than the minimum width for that district.
25
6-6-6:
(^)
(s)
(c)
(D)
(E)
(F)
NATURAL FEATURES: (Ord. 93-5)
Wild Life Habitat and Water Recharge Areas: Marsh areas which are part of the
proposed development shall be analyzed for purposes of preservation as potential wild
life habitat for birds and animals as well as to continue providing water purification and
recharge areas for the lake of Prior Lake. If the City Council determines that marsh areas
serve the public in one or mom of these functions then they may require preservation in
whole or in part. Any alterations or disturbance shall comply with the requirements of the
Wetland Conservation Act, and other legislation that may limit disturbance to wild life
habitat and water recharge areas.
Filling or Draining: Wetlands must not be drained or filled, wholly or partially, unless
replaced by restoring or creating wetland areas of at least equal public value, as
permitted by the Wetland Conservation Act.
Dredging: Dredging water bodies for the purpose of increasing the number of lots in any
development shall not be permitted unless it is clearly documented that it will not
adversely affect the area's ecologic and hydrologic characteristics.
Sedimentation traps: Wetlands and other water bodies shall not be used as sediment
traps during construction.
Slopes: Whenever poss~le, slopes of twenty pement (20%) or greater should not be
disturbed and should be retained as private or public open space.
Pedestrian Links: Natural features shall be utilized to the extent possible as pedestrian
links between large recreation facilities to introduce elements of diversity in residential
living and eliminate monotony.
27
(B)
(c)
(D)
(E)
The own~m-ef-a~f--la~r~eing subdivided for residential, commercial, industrial or other
uses or as a Planned Unit Development shall dedicate to the public or preserve for
conservation purposes or for public use as parks, playgrounds, trails, wetlands or public
open space a reasonable portion of the subdivided land. The City has determined the
land dedication requirement to be equivalent to ten percent (10%) of the gross area of a
subdivision. The composition of land required will be determined in accordance with the
formula found in Section 6-6-8 (E), or as determined by the City to be in the public
interest and reasonably necessary for such uses and needs as a result of approval of the
subdivision. (Ord. 88-1) (Ord. 89-08)
At the City's option, the subdivider shall contn"~)ute an equivalent amount in cash, or cash
and land, in lieu of all or a portion of the land which the City may require such owner to
dedicate pursuant to paragraph (A) above. The cash amount shall be based on the fair
market value of the land reasonably required to be dedicated, with said value being
determined no later than at the time of final plat approval.
Whenever the term 'dedicate" is used in this section, it shall mean a dedication to the
City of land or cash, or both, whichever the City, at its option, shall require. The
dedication shall be made prior to the City's release of the final plat for filing.
In instances where cash is required in lieu of land, payments as required by this
Ordinance shall be made prior to the City Manager releasing the final plat to the
subdivider. (Ord. 87-10)
-The City may determine the location, configuration and value of the land to be dedicated.
The composition of land to be dedicated will be directly related to its physiographical
character and in accordance with the following values: (Ord. 88-1)
(F)
(G)
(H)
LAND CHARACTERISTICS
~ Soils
Dedication
0-10% Dry upland 100%
10-20% U nstab le 50%
over 20% Marshes 25%
Where the owner provides in the subdivision for the public use neighborhood park
amenities such as, but not limited to, tennis courts, ball fields, open space or other
recreational facilities, the City may reduce the amount of land to be dedicated or the cash
contribution in lieu of such dedication by an amount equivalent to the cost of the facilities
provided.
Prior to the dedication or preservation of such land for public use, or both, with the City's
consent, the subdivider shall deliver to the City an opinion addressed to the City by an
attomey, and in a form acceptable to the City, as to the condition of the title of such
property, or in lieu of a title opinion, a title insurance policy from a title company
acceptable to the City insuring the required public interest in the preservation or
dedication therein.
Immediately upon filing of the final plat or other appropriate subdivision documents, the
subdivider shall file for recording all easements, deeds or other conveyances of property
required as a condition to the subdivision plat approval. No building permits beyond the
one underlying permit shall be issued to any iot or parcel in said plat until all such
documents have been executed and filed.
30