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HomeMy WebLinkAbout9E Island Dev Report 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: DECEMBER 12, 2016 AGENDA #: 9E PREPARED BY: PRESENTED BY: JEFF MATZKE, PLANNER JEFF MATZKE AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SUBSECTION 1104.309 (ISLAND DEVELOPMENT) OF THE CITY CODE DISCUSSION: Introduction The purpose of this item is to consider amendments to the Island Development Ordinance (Subsection 1104.309). The revisions include clarifications to what is considered a legal lot of record for buildable purposes and the minimum struc- ture setback to the ordinary high water mark (OHWM) of Prior Lake. History On July 25, 2016 while considering approval of a variance appeal on a Twin Isle property, the City Council directed City Staff to consider ordinance amend- ments to the Island Development Subsection of the Shoreland District Ordi- nance. Twin Isle was platted in 1924 as 64 lots designed for seasonal cabins. Over the decades, these lots have been combined and thereby reduced in number to 49 parcels. Today, many of these parcels are under common own- ership as well, thereby reducing the number of buildable lots to no more than 40 lots per current MN State Statute 462.357. On December 5, 2016 the Planning Commission held a public hearing to con- sider these ordinance amendments. At the hearing, various property owners of Twin Isle lots had questions regarding the clarification of these regulations, in- cluding staff research behind the development of the proposed amendments. They also stated that the proposed language clarification was helpful to under- stand the buildable nature of the lots. Current Circumstances The policy of the City’s shoreland ordinance is to “provide for the wise develop- ment of shorelands of public waters.” To accomplish this objective, the City de- sires to maintain reasonable requirements for consistent development on islands within the municipality. Buildable Lot The buildable nature of a lot of record in shoreland districts has been regulated by MN State Statue 462.357. In summary, the state regulation allows for legal nonconforming lots of record to be identified as “buildable lots” if the lot meets certain criteria. If it does not meet the criteria and is under common owner ship with a contiguous property, the lot must be combined for the purposes of the 2 buildable nature. The attached memorandum from the City Attorney in the sum- mer of 2016 explains the regulation in greater detail. City staff, at the direction of the City Council, has proposed an ordinance amendment to clarify the intent of the state/city shoreland regulation. Lake Setback Very little development on islands currently exists in Prior Lake outside of Twin Isle. While many of the original cabins that exist on Twin Isle were constructed prior to modern shoreland ordinances in Prior Lake (prior to the late 1980s), cab- ins that have been constructed or remodeled have requested structure setback variances from the OHWM of Prior Lake. In various cases, setback variances of 50-60 feet or less have been granted through the variance process. Considering these variance approvals, City staff is recommending that the “lake setback” be changed from 100 feet to 75 feet and allow for averaging of structures on adja- cent properties to a minimum of 50 feet. This is consistent with the current ordi- nance for mainland properties in the Shoreland District. With this proposed or- dinance amendment, any structure that would propose a lake setback of less than 50 feet (with averaging) would still require a variance. Maximum Structure Size/Footprint The City Council asked staff to review possible restrictions that relate to the structure(s), such as size, footprint and height. Staff believes it is difficult to put in place a maximum building size because of the various shapes and configura- tions of lots on the island. Size only provides part of the information. Instead, staff relies on maximum impervious area, setbacks and building height limits to ensure structures area appropriate for the lot. If anyone wants to exceed those limits, they must obtain a variance which allows the City to consider them on a case-by-case basis. In terms of further height limits, many lakefront homes strive for maximum height, especially when a smaller lot limits the footprint due to im- pervious surface restrictions. Conclusion Ordinance amendment determinations of the City Council shall be supported by findings addressing the relationship of the proposed amendment to the following policies. In the case of amendments to the formal text of this Ordinance:  There is a public need for the amendment, or  The amendment will accomplish one or more of the purposes of this Ordi- nance, the Comprehensive Plan or other adopted plans or policies of the City, or  The adoption of the amendment is consistent with state and/or federal re- quirements. The amendment will accomplish one or more of the purposes of this Ordi- nance, the Comprehensive Plan, or other adopted plans or policies of the City. The proposed amendments meet these purposes of the Zoning Ordinance:  Promote the most appropriate and orderly development of the residential, business, industrial, public land and public areas.  Enhance the aesthetic character and appearance of the City.  Conserve natural resources and environmental assets of the community. 3  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 adoption of this amendment is consistent with state and/or federal re- quirements. These amendments have been reviewed by the MN DNR and are consistent with MN State Statute 462.357. Based upon the findings set forth in this report, staff recommends approval of the proposed amendments. The DNR has tentatively approved of the recom- mended changes. As is the typical procedure with shoreland ordinance amend- ments, the DNR will be sought for formal approval of any City-approved ordi- nance following City Council consideration of the item. ISSUES: At the direction of the City Council, following much discussion regarding builda- ble lot definitions and lake setbacks at a recently variance request, the City Staff is recommending the following changes to the Island Development ordinance: 1104.309 (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. A nonconforming lot of record may be deemed buildable or may be required to be combined with one or more contiguous lots, all pursuant to MN Statute 462.357, Subd. 1e. 1104.309 (6) Setbacks for structures on islands shall comply with the following:  Structure setback from OHWM 100 feet 75 feet  Side yard 10 feet  Gray Water System from OHWM 75 feet Setback averaging for the structure setback from the OHWM may be permitted as follows:  If there are existing principal structures on two abutting lots, any new residential structure or any additions to an existing structure may be set back from the OHWM either (i) the average setback of the abutting structures from the OHWM; or (ii) 50 feet, whichever is greater, provided all other provisions of the Shoreland Overlay District are complied with.  If there is an existing principal structure on only one abutting lot, the average setback of the abutting structure and the next principal structure within 150 feet may be utilized.  Setback averaging may not be utilized if the two abutting lots do not have existing principal structures (seasonal cabins).  In no instance, shall a principal structure be located in a shore impact zone or a bluff impact zone. 4 1104.309 (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 75 feet from the ordinary high water mark (OHWM) or the average minimum as indicated in 1104.309 (6); 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  The structure shall be attached to a permanent foundation so as to be immovable from its approved location. ALTERNATIVES: 1. Motion and a second to approve an Ordinance amending Subsection 1104.309 of the Prior Lake City Code as proposed, or as may be amended by the City Council. 2. Motion and a second to deny the proposed amendments to Subsection 1104.309 of the Prior Lake City Code. 3. Motion and a second to table or continue discussion of the item for a specific purpose. RECOMMENDED MOTION: ATTACHMENTS: Alternative #1 1. Proposed amendments to Subsections 1104.309 of the City Code. 2. Twin Isle plat showing original lots 3. Aerial photo showing parcels 4. June 9, 2016 Memorandum from the City Attorney regarding buildable lots in the shoreland district 5. MN State Statute 462.357 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 116-XX AN ORDINANCE AMENDING SUBSECTION 1104.309 (ISLAND DEVELOPMENT) OF THE CITY OF PRIOR LAKE ZONING CODE AND ADOPTING BY REFERENCE CITY CODE SECTION 104, WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS The City Council of the City of Prior Lake, Minnesota ordains: 1. City Code Section 1104, Subsection 1104.309 (4) is amended as follows: 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. A nonconforming lot of record may be deemed buildable or may be required to be combined with one or more contiguous lots, all pursuant to MN Statute 462.357, Subd. 1e. 2. City Code Section 1104, Subsection 1104.309 (6) is amended as follows: Setbacks for structures on islands shall comply with the following:  Structure setback from OHWM 100 feet 75 feet  Side yard 10 feet  Gray Water System from OHWM 75 feet Setback averaging for the structure setback from the OHWM may be permitted as follows:  If there are existing principal structures on two abutting lots, any new residential structure or any additions to an existing structure may be set back from the OHWM either (i) the average setback of the abutting structures from the OHWM; or (ii) 50 feet, whichever is greater, provided all other provisions of the Shoreland Overlay District are complied with.  If there is an existing principal structure on only one abutting lot, the average setback of the abutting structure and the next principal structure within 150 feet may be utilized.  Setback averaging may not be utilized if the two abutting lots do not have existing principal structures (seasonal cabins).  In no instance, shall a principal structure be located in a shore impact zone or a bluff impact zone. . 3. City Code Section 1107.2015 (3) is hereby deleted in its entirety and replaced with the following: 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 2  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 75 feet from the ordinary high water mark (OHWM) or the average minimum as indicated in 1104.309 (6); 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  The structure shall be attached to a permanent foundation so as to be immovable from its approved location. 4. Section 104 entitled “General Penalty” is adopted in its entirety by reference, as though repeated verbatim. 5. This Ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 12th day of December, 2016. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kenneth L. Hedberg, Mayor This Ordinance to be Published in the Prior Lake American on the 17th day of December, 2016. Zoning Ordinance City of Prior Lake June 1, 2009 1104/p1 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 (Excerpt of Section for the purpose of proposed Ordinance Amendment.) 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. (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. A nonconforming lot of record may be deemed buildable or may be required to be combined with one or more contiguous lots, all pursuant to MN Statute 462.357, Subd. 1e. (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 75 feet  Side yard 10 feet  Gray Water System from OHWM 75 feet Zoning Ordinance City of Prior Lake June 1, 2009 1104/p2 Setback averaging for the structure setback from the OHWM may be permitted as follows:  If there are existing principal structures on two abutting lots, any new residential structure or any additions to an existing structure may be set back from the OHWM either (i) the average setback of the abutting structures from the OHWM; or (ii) 50 feet, whichever is greater, provided all other provisions of the Shoreland Overlay District are complied with.  If there is an existing principal structure on only one abutting lot, the average setback of the abutting structure and the next principal structure within 150 feet may be utilized.  Setback averaging may not be utilized if the two abutting lots do not have existing principal structures (seasonal cabins).  In no instance, shall a principal structure be located in a shore impact zone or a bluff impact zone. (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 75 feet from the ordinary high water mark (OHWM) or the average minimum as indicated in 1104.309 (6); 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 Zoning Ordinance City of Prior Lake June 1, 2009 1104/p3  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. TWIN ISLE (Aerial Photo)