HomeMy WebLinkAbout05(G) - Ordinance Amending Shoreland Impervious Coverage and Lake Classifications Report
ITEM: 5G
CITY COUNCIL AGENDA REPORT
MEETING DATE: October 27, 2026
PREPARED BY: Paul Moretto, Planner
PRESENTED BY: Casey McCabe, Community Development Director
AGENDA ITEM: Ordinance Amending Shoreland Impervious Coverage and Lake
Classifications
RECOMMENDED ACTION:
Approve an ordinance amending Prior Lake City Code Section 10-439 relating to impervious
surface standards for residential shoreland planned unit developments and Section 10-434
relating to the classification of protected waters, and approving the official ordinance summary for
publication.
BACKGROUND:
City staff is proposing amendments to Sections 10-439 and 10-434 of the Prior Lake City Code
relating to impervious surface standards for shoreland planned unit developments (PUDs) and
the classification of protected waters.
Shoreland PUD Impervious Surface Standards
For shoreland PUDs, the development area within the shoreland district is divided into multiple
tiers by locating lines parallel to the ordinary high water level (OHWL) over the entire property
within the 1,000 ft. OHWL overlay district. The shoreland tier dimensions differ in width based on
the classification of the waterbody where the development is proposed.
City Code Section 10-439 currently limits impervious surface coverage to 25 percent within each
individual shoreland tier for both residential and commercial PUDs. This requirement is more
restrictive than the recommendations in the Minnesota Department of Natural Resources (DNR)
model Shoreland Ordinance, which requires a maximum of 25 percent impervious coverage for
all development property within the shoreland overlay district but does not apply the same
limitation of 25 percent coverage per tier. Prior Lake’s more restrictive shoreland regulations can
create challenges for residential development.
The tier-based density provisions are intended to encourage development farther from the
shoreline, providing opportunities to preserve open space and reduce shoreline impacts.
However, roads, sidewalks, driveways, and other infrastructure necessary to serve residential
development can consume a substantial portion of the impervious surface allowance within an
individual tier. As a result, the existing requirement limiting the maximum impervious to 25 percent
per tier, opposed to 25 percent of the entire development area within the shoreland overlay district,
can restrict a development's ability to accommodate dwelling units otherwise permitted under the
tier-density calculations.
The proposed amendment would establish a maximum impervious surface coverage of 25
percent for the entire residential PUD project site within the Shoreland Overlay District, rather
than applying the limitation separately to each tier. This would provide flexibility in distributing
impervious surfaces while maintaining the overall 25 percent limitation.
City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372
Item 5G
Page | 2
The amendment does not change the maximum number of dwelling units permitted under the
shoreland tier-density calculations, the restrictions on transferring density toward the shoreline,
shoreline setbacks, open-space requirements, shore and bluff impact zone protections, or
stormwater management requirements. The existing tier-based impervious surface standards for
commercial PUDs would remain unchanged.
Shoreland PUDs would continue to be subject to Planning Commission review and City Council
approval.
Protected Waters Classification
The proposed amendment to Section 10-434 would add three unnamed public water basins to
the City's list of protected waters. The Minnesota Department of Natural Resources (DNR)
identified basins 70018600, 70015300, and 70016900 as Natural Environment Lakes that should
be included in the City's shoreland ordinance.
The addition of these lakes is an administrative update to the City's protected-waters inventory
and does not change the proposed impervious surface standards.
DNR Review
The City submitted the proposed amendment to the DNR on October 2, 2026. In a letter dated
October 5, 2026, the DNR granted conditional approval, finding the proposed amendment
substantially compliant with state shoreland rules.
The DNR required the City to identify the three additional public water basins as a condition of
their preliminary approval and the city is required to submit the adopted ordinance and
documentation following City Council action. Final DNR approval is required before the ordinance
amendments become effective.
Planning Commission Recommendation
On October 19, 2026, the Planning Commission held a public hearing to consider the proposed
amendments. Following the public hearing, the Planning Commission recommended approval of
the amendments to Sections 10-439 and 10-434 on a vote of 4-0.
Staff recommends that the City Council approve the proposed ordinance amendments and the
official ordinance summary for publication.
FINANCIAL IMPACT:
No direct financial impact to the City is anticipated as a result of the proposed ordinance
amendments.
ALTERNATIVES:
1. Motion and a second, as part of the consent agenda, adopting an ordinance amending
Sections 10-439 and 10-434 of the Prior Lake City Code and the official ordinance
summary for publication.
2. Remove this item from the consent agenda for additional discussion.
ATTACHMENTS:
1. Proposed Ordinance Amendment and Official Summary
2. DNR Conditional Approval Letter dated October 5, 2026
3. Maps of Additional Protected Water Basins
Revised 09/26/2024
Ecological and Water Resources
1200 Warner Road
St. Paul, MN 55106
October 5, 2026
Paul Moretto
Planner, City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
Re: Conditional Approval of Prior Lake Shoreland Ordinance Amendment
Dear Paul:
Thank you for sending your proposed shoreland ordinance amendment to the DNR for conditional
approval review. I am pleased to inform you that the proposed amendment is substantially compliant
with the statewide rules (MR 6120.2500 – 6120.3900) and hereby approved, provided the conditions of
approval in this letter are met.
Ordinance Evaluation
We have reviewed the following sections that you propose to amend received on October 2, 2026 for
compliance with state shoreland rules. Our conditional approval only applies to the specific sections
listed below.
Section 10-439 Planned unit developments (PUDs) Subsection (d) Paragraph (3) Sub-paragraph (b)
Conditions of Approval
The following conditions must be met before the DNR will issue final approval:
1. Reference the three public water basins in the city’s shoreland ordinance;
Water Body Name Public Waters ID
Number
DNR Classification
unnamed 70018600 Natural Environment
unnamed 70015300 Natural Environment
unnamed 70016900 Natural Environment
2. No conditions on the proposed wording for Section 10-439(d)(3)b of the Prior Lake City Code
3. Return the attached “Ordinance Processing Checklist” and documents identified on the
checklist
Revised 09/26/2024
Next Steps
Following are the steps for completing and receiving final DNR approval for your amendment:
1. Revise the amendment based on the conditions listed above.
2. The city council adopts the amendment.
3. Email the completed Ordinance Processing Checklist (attached) and the documents identified on
the checklist within 10 days of city council adoption to:
a. David De Paz (David.depaz@state.mn.us)
b. Ordinance.review.dnr@state.mn.us
4. We will review the amendment adopted by the city council for consistency with the above
conditions.
5. If the adopted amendments are consistent with the conditions, I will send you a “final approval”
letter. State rules require DNR final approval of shoreland ordinances and amendments for
those ordinances to be effective.
A shoreland ordinance is an important land use regulation that helps to protect surface water quality,
near shore habitat, and scenic character of Minnesota’s public waters. We appreciate your efforts to
protect these resources for all present and future Minnesotans. David De Paz is available to assist with
ordinance technical guidance and to consult with you on other land and water-related projects.
Sincerely,
Michael A. Larson
Central Region Manager
Attachments:
Proposed Ordinance with DNR comments
Ordinance Processing Checklist
c: David De Paz, DNR Area Hydrologist
Ordinance.review.dnr@state.mn.us
Draft ordinance amendment
ORDINANCE NO. 126-______
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE SECTION 10-439 RELATING TO
IMPERVIOUS SURFACE STANDARDS FOR SHORELAND PLANNED UNIT
DEVELOPMENTS
The City Council of the City of Prior Lake, Minnesota, ordains:
Section 1. Section 10-439(d)(3)b of the Prior Lake City Code is hereby repealed and replaced
in its entirety with the following:
b. Be designed and constructed to effectively manage reasonably expected quantities and
qualities of stormwater runoff in accordance with city PWDM requirements. For residential
PUDs, impervious surface coverage for the entire project site shall not exceed 25
percent. For commercial PUDs, impervious surface coverage within any tier shall not
exceed 25 percent of the tier area, except that 35 percent impervious surface coverage
may be allowed in the first tier of general development lakes with an approved
stormwater management plan and consistent with section 10-436.
Section 2. This ordinance shall become effective from and after its passage and publication
according to law.
WHAT IS BEING DONE:
Strike and add section:
b. Be designed and constructed to effectively manage reasonably expected quantities and
qualities of stormwater runoff in accordance with city PWDM requirements. Impervious
surface coverage within any tier shall not exceed 25 percent of tier area, except that for
commercial PUD's 35 percent impervious surface coverage may be allowed in the first tier
of general development lakes with an approved stormwater management plan and
consistent with section 10-436.
For residential PUDs, impervious surface coverage for the entire project site shall not
exceed 25 percent. For commercial PUDs, impervious surface coverage within any tier
shall not exceed 25 percent of the tier area, except that 35 percent impervious surface
coverage may be allowed in the first tier of general development lakes with an approved
stormwater management plan and consistent with section 10-436.
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 126-___
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE
SECTION 10-439 RELATING TO IMPERVIOUS SURFACE STANDARDS FOR SHORELAND
PLANNED UNIT DEVELOPMENTS AND AMENDMENTS TO SECTION 10-434 ADDING
UNNAMED LAKES
The City Council of the City of Prior Lake, Minnesota, ordains:
Section 1. City Code Chapter 10 – Zoning, Article IV. – OVERLAY DISTRICTS, Division 2.
SHORELAND REGULATIONS, Section 10-439 Planned unit developments (PUDs),
subsection (d)(3)b is hereby deleted in its entirety and replaced with the following:
b. Be designed and constructed to effectively manage reasonably expected
quantities and qualities of stormwater runoff in accordance with city PWDM
requirements. For residential PUDs, impervious surface coverage for the entire
project site shall not exceed 25 percent within the shoreland overlay district. For
commercial PUDs, impervious surface coverage within any tier shall not exceed
25 percent of the tier area, except that 35 percent impervious surface coverage
may be allowed in the first tier of general development lakes with an approved
stormwater management plan and consistent with section 10-436.
Section 2. City Code Chapter 10 – Zoning, Article IV. – OVERLAY DISTRICTS, Division 2.
SHORELAND REGULATIONS, Section 10-434 Designation of types of land use,
subsection (a) is hereby amended by adding to the table of classified lakes the
following waterbodies:
The following additional unnamed public water basins are classified as Natural
Environment Lakes: DNR ID No. 70018600, DNR ID No. 70015300, and DNR ID No.
70016900.
Section 3. Summary approved. The City Council hereby determines that the text of the summary
marked “Official Summary of Ordinance No. 126-___” a copy of which is attached
hereto clearly informs the public of the intent and effect of the ordinance. The City
Council further determines that publication of the title and such summary will clearly
inform the public of the intent and effect of the ordinance.
Section 4. Filing. A copy of the ordinance shall be filed in the office of the City Clerk. This copy
shall be available for inspection by any person during regular office hours.
Section 5. Publication. The City Clerk shall publish the title of this ordinance and the official
summary in conformance with State Statute and City Code requirements with notice
that a printed copy of the ordinance is available for inspection by any person during
regular office hours at the Office of the City Clerk.
Section 6. Effective date. This ordinance shall take effect upon its passage and the publication of
its title and the official summary and Minnesota Department of Natural Resources final
approval.
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Passed by the City Council of the City of Prior Lake this 27 day of October 2026.
ATTEST:
_________________________ __________________________
Jason Wedel, City Manager Kirt Briggs, Mayor
Official Summary of Ordinance No. 126-___
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE
SECTION 10-439 RELATING TO IMPERVIOUS SURFACE STANDARDS FOR SHORELAND
PLANNED UNIT DEVELOPMENTS AND AMENDMENTS TO SECTION 10-434 ADDING
UNNAMED LAKES
The following is the official summary of Ordinance No. 126-___ passed by the City Council of Prior
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Lake on October 27, 2026.
Prior Lake City Code Section 10-439, Planned unit developments (PUDs), was amended to establish
a maximum impervious surface coverage of 25 percent of the entire project site within the shoreland
overlay district for residential shoreland planned unit developments, rather than applying the limit
separately to each shoreland tier. The amendment retains the existing tier-based impervious surface
coverage requirements for commercial planned unit developments.
Prior Lake City Code Section 10-434, Designation of types of land use, was amended to identify three
additional unnamed public water basins, DNR ID Nos. 70018600, 70015300, and 70016900, as
Natural Environment Lakes.
A printed copy of the ordinance is available for inspection by any person during regular office hours in
the Office of the City Clerk at Prior Lake City Hall, 4646 Dakota Street SE, Prior Lake, MN 55372.
Page 2 of 2
Lakes Exhibit:
Unnamed Lake: 77016900
Unnamed Lake: 70018600
Unnamed Lake: 70015300