HomeMy WebLinkAbout117-18 Bluff Ordinance Amendment
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 117-18
AN ORDINANCE AMENDING SECTION 1104 (SHORELAND REGULATIONS) OF THE
PRIOR LAKE CITY CODE RELATED TO RETAINING WALLS AND OTHER STRUCTURES
WITHIN BLUFF AREAS 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, ORDAINS:
1. City Code Subsection 1104.303 (Bluff Impact Zones) is hereby deleted in its entirety and
replaced with the following:
1104.303 Bluff Impact Zones: Structures and accessory facilities, excluding stairways, lifts,
and landings, shall not be placed in bluff impact zones except for the following:
(1) An expansion of a legally nonconforming principal structure that does not meet
the bluff setback is permitted provided that:
• The expansion is lateral to the existing intrusion into the setback and does not
project any further into the setback than an extension of a line drawn along the
edge of the existing intrusion
• The expanded structure is in harmony with the general purpose and intent of
the ordinance, consistent with the comprehensive plan and will not alter the
essential character of the locality; and
• The structural footprint of the expansion into the bluff setback shall not exceed
500 square feet.
(2) Retaining walls shall not be permitted in the bluff impact zone or bluff setback
except for the following:
(a) Construction on an existing retaining wall that consists of the repair or
exact replacement of the existing wall, provided the grade of the land
within the bluff impact zone or bluff setback and the location and size of
the retaining wall do not change and the new retaining wall will create no
more impact in the bluff impact zone or bluff setback than was caused by
the existing retaining wall.
(b) Construction of a new retaining wall that does not exceed four feet in
height, construction that consists of an addition to an existing retaining
wall that does not increase the height of the wall above four feet, or
construction that decreases the height of an existing retaining wall;
provided the proposed drainage patterns and/or erosion control methods
are an improvement over the existing conditions on the site as determined
by the City.
Construction of retaining walls under provisions (a) and (b) above shall require
a grading and filling permit as well as engineering reports as required by
subsection 1104.305.
Page 2 of 4
2. City Code Subsection 1104.305 (Engineering Reports Required) is hereby deleted in its entirety
and replaced with the following:
1104.305 Engineering Reports Required: For any construction within a bluff impact zone or
bluff setback, including work on any building, platform or structure, the following shall
be provided:
(1) Prior to any construction, a report and calculations prepared and signed by a
professional engineer licensed 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) After construction is complete, an as-built survey and post- construction report
completed by a professional engineer licensed 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. City Code Subsection 1104.402 (Topographic Alterations/Grading and Filling) is hereby deleted
in its entirety and replaced with the following:
1104.402 Topographic Alterations/Grading and Filling:
(1) Grading, filling and excavation, including the import or export of materials, is not
permitted within the bluff impact zone. However, the movement or grading of existing
materials within the bluff impact zone may be permitted subject to approval of a
grading and filling permit.
Grading, filling, and excavations in all areas within the Shoreland District which are
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, except as provided in
subsection (2) below. 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.
Page 3 of 4
(2) Notwithstanding subsection (1) above, in addition to any other required permit, a
grading and filling permit will be required for:
a. Any movement of more than 10 cubic yards of material or impact to more than
500 square feet of area on steep slopes or within the bluff impact zone. shore
impact zone or shoreland district; or
b. Any movement of more than 50 cubic yards of material or impact to more than
500 square feet outside of the shoreland district.
(3) The following considerations and conditions must be adhered to during the issuance
of construction permits, grading and filling 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.
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
Page 4 of 4
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.
4. City Code Section 104 (General Penalty) is hereby adopted in its entirety, by reference, as
though repeated verbatim herein.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 16th day of October 2017.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kirt Briggs, Mayor
A summary of this ordinance was published in the Prior Lake American on the 21st day of October
2017.
2
Exhibit A
CITY OF PRIOR LAKE
ORDINANCE NO. 117-18
AN ORDINANCE AMENDING SECTION 1104 (SHORELAND REGULATIONS) OF THE
PRIOR LAKE CITY CODE RELATED TO RETAINING WALLS AND OTHER STRUCTURES
WITHIN BLUFF AREAS AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH,
AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS
The following is only a summary of Ordinance No. 117-18. The full text will be available for
public inspection after October 21, 2017 by any person during regular office hours at City Hall or
in the Document Center on the City of Prior Lake Website.
SUMMARY: The Ordinance amends Section 1104 (Shoreland Regulations) of the Prior Lake
City Code to clarify the requirements related to repairing or constructing retaining walls and
other structures within a bluff.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 16th day of October 2017.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kirt Briggs, Mayor
Summary published in the Prior Lake American on the 21st day of October 2017.
Affidavit of Publication
Southwest Newspapers
State of Minnesota)
)SS.
County of Scott )
CITY Or PRIOR LAKE
ORDINANCE NO.117-18
AN ORDINANCE i AMENDING Laurie A.Hartmann,being duly sworn,on oath says that she is the publisher or the authorized
SECTION 1104 agent of the publisher of the newspapers known as the Shakopee Valley News,Jordan Indepen-
(Shoreland Regulations) dent,Prior Lake American and Savage Pacer,and has full knowledge of the facts herein stated as
of the Prior Lake CITY follows:
CODE related to retaining
walls and other structures (A)These newspapers have complied with the requirements constituting qualification as a legal
within bluff areas AND newspaper,as rovided b Minnesota Statute 331A.02,331A.07,and other applicable laws,as
ADOPTING BY REFERENCEp y
City Code Part 1 which, amended.
among other things,contains'
penalty provisions (B)The printed public notice that is attached to this Affidavit and identified as No. 1
The following is only a was published on the date or dates and in the newspaper stated in the attached Notice and said
summaryof OrdinanceNo.117-18. Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
The full text will be available for the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
Publ2017b any etrsonon after October ngregula inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
2017 by any person during regular
office hours at City Hall or in the and publication of the Notice:
Document Center on the City of
Prior Lake Website, abedefgbijklmnopgrstuuwxyz
SUMMARY: The Ordinance
amends Section 1104(Shoreland''
Regulations) of the Prior
FP E j � 1
Lake City Code-to clarify the BY: P ' l Alf— !
requirements related to repairing _ _ Laurie A.Hartmann
or constructing retaining walls
and otherstructures within a
bluff,
This ordinanceshall become Subscribed and sworn before me on
effective from and after its
passage and publication.
Passed by the City Council of
the City of Prior Lake this 161b day this y - day of ' `c 2017
of October 2017.
ATTEST:
Frank Boyles,
City Manager ' J`M M E��EAN IN E-1 TE BARK
Kirt Briggs it 4_� NOTA.fiUbUC-WNNESOTIA
Mayor
(Published in the Prior Lake +; W XM is WIN UP.RES 01
American on Saturday, October Not rY0 is
21,2017:No 7) rt
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space....$31.20 per column inch
Maximum rate allowed by law for the above matter.................................$31.20 per column inch
Rate actually charged for the above matter.............................................. $12.59 per column inch