HomeMy WebLinkAbout6A Bluff Ord Amend Request Report
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: FEBRUARY 16, 2016
AGENDA #: 6A
PREPARED BY: JEFF MATZKE, PLANNER
PUBLIC HEARING: NO
AGENDA ITEM:
BLUFF AREA ORDINANCE AMENDEMENTS
DISCUSSION: Introduction
The purpose of this item is to discuss potential amendments to Section 1104
(Shoreland Regulations) of the City of Prior Lake Zoning Ordinance related to
bluff and steep slope areas. The primary purpose of the bluff ordinance review
will be to consider objective criteria that would be allowed for construction within
a bluff impact zone.
History
The most recent bluff ordinance was created in June 2009. At that time, changes
were made to the required design and plan submittal requirements for work within
bluff impact areas. The ordinance for bluff areas was developed in the 1990s
under the policies of the Minnesota Department of Natural Resources (DNR).
Since then municipalities have adopted ordinances to coordinate with state rules.
Current Circumstances
To manage bluffs and slopes properly, communities use preventative controls
including structure setbacks, erosion control methods, and storm water regula-
tions to preserve the integrity of the steep slopes. These methods also minimize
visual impact of construction and preserve natural vegetation that stabilizes
slopes and preserves wildlife habitat.
The City of Prior Lake restricts development within bluff and steep slope areas
through setbacks and construction limitations. It is the current practice of the City
to bring any project within a bluff area (including existing nonconforming proper-
ties) through a variance process on a case-by-case basis to determine the au-
thorization of the construction. In recent months, a large number of inquiries and
variance applications regarding construction in bluff areas has lead City Staff to
consider an alternative approach that would allow a defined amount of construc-
tion within these areas in comparison to the existing impacts on each site.
As is the case when the variances are granted through several similar requests,
such amendments could possibly create a more efficient and clear process to
achieve necessary City approvals. The City has inquired with the local DNR rep-
resentative as to the possibility of creating such an ordinance amendment as any
change would need to be reviewed for approval by the environmental state
agency. The DNR has indicated that possible ordinance amendments could be
considered as long as it does not impede with State Statutes.
2
Conclusion
City Staff believes that the current ordinance (see attachment) has some subjec-
tive language that could possibly be changed to present property owners with a
more direct and clear objective for the regulatory limits of the ordinance and the
purpose of the ordinance. Possible changes could include a degree of change
that could occur to previously impacted bluff areas, more detailed information re-
garding the required engineering analysis of the steep slopes, and incentives to
improve existing erosion and storm water issues with construction in steep slope
areas.
ISSUES: The purpose of this agenda item is to discuss potential amendments to Section
1104 of the Zoning Ordinance related to bluff and steep slope areas. All pro-
posed amendments to the Zoning Ordinance will be considered during a future
public hearing.
ALTERNATIVES: 1. Motion and a second to initiate the review of amendments to the Prior Lake
City Code which may be necessary to address bluff areas in Section 1104,
Shoreland Regulations.
2. Provide direction to staff and continue discussion at a future meeting.
RECOMMENDED
MOTIONS:
Discussion only; direction given by the Planning Commission
ATTACHMENTS:
1. Current Zoning Ordinance related to Subsection 1104, Bluff and Steep Slope
Areas.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1104/p6
(4) Setback Requirements:
Natural
Development
Lakes
Recreational
Development
Lakes
General
Development
Lakes
Tributary
Development
Lakes
Structure
height setback
from OHW
(feet)
150
75
75
75
Unplatted
Cemetery (feet)
50
50
50
50
Structure
height
limitation (feet)
35
35
35
35
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)
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%.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1104/p7
1104.305 Engineering 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.
(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
25’
Zoning Ordinance
City of Prior Lake
June 1, 2009 1104/p8
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 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.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1104/p9
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.
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.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1104/p10
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 are permitted only on General Development Lakes by
Conditional Use Permit. Controlled Access Lots shall comply with the
conditions listed in Section 1102 and with any other conditions the Planning
Commission, or City Council in the case of an appeal, may impose that are
intended to promote the health, safety and welfare of the residents within the
City
Ord. Amd. 115-23, Pub. 10/10/2015
(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.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1104/p11
(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.
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)
1104.308 Placement, Design, And Height 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.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1104/p12
(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.
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-1",
"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;
Zoning Ordinance
City of Prior Lake
June 1, 2009 1104/p13
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:
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.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1104/p14
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
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:
Zoning Ordinance
City of Prior Lake
June 1, 2009 1104/p15
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;
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.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1104/p16
(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.
(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,
Zoning Ordinance
City of Prior Lake
June 1, 2009 1104/p17
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
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 Vegetation 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 Topographic Alterations/Grading And Filling:
Zoning Ordinance
City of Prior Lake
June 1, 2009 1104/p18
(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
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:
Zoning Ordinance
City of Prior Lake
June 1, 2009 1104/p19
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.
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 Design 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