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HomeMy WebLinkAbout10A - Bluff Ordinance Modifications AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT APRIL 20, 1998 lOA DONALD RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF REPORT REGARDING CERTAIN MODIFICATIONS TO THE BLUFF ORDINANCE Hi story- In January of this year, the City Council adopted an amendment to the bluff section of the shoreland ordinance which required applicants for building permits on lots determined to have a bluff to submit an engineering report on the proposed construction. This report was to cover issues such as slope stability, erosion, structural safety, drainage and water quality. Current Circumstances- At the last City Council forum, three homeowners addressed the Council and indicated concerns they had over the application of the new ordinance provisions. These concerns included the following: The need for an engineering analysis and report for minor additions not directly related to the bluff or involving the replacement of existing structures on the lot; the question of whether the applicant should have to indemnify the City against damages arising out of a slope or structural failure; and the physical problem of gaining access to rear yards by large drill rigs. The Issues- The primary issues relate to the potential cost of the required engineering studies, the willingness of engineers to sign the reports as currently required, the actual need for engineering studies for minor additions or decks and garages and the ability of property owners to reasonably comply with ordinance provisions. 1. Potential cost- It appears that different engineers are interpreting the ordinance requirements differently. Some have said the required analysis and report can be done for $1,500 to $2,000 while others have suggested the cost could be much higher. In addition, some engineers have said they can't certify the slope stability because of factors over which they have no control. The $2,000 figure probably represents an ideal figure for a property with no access problems. The cost could be higher where more labor-intensive methods of analysis are required. 2. Sign-off- Some engineers were reluctant to sign a certification to the effect that the slope would not fail. What several of them were 162<n09IBt191is~Hkl.atDl.te~~4Wd<epMlnnesota f,5372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: willing to sign was a statement of recommendations that should be adhered to when building a structure on a steep slope. 3. Need for study- Several property owners indicated that a study for a detached garage or a deck which was not in proximity to the bluff was an umeasonable requirement. In some cases, staff would concur. Other cases are less clear-cut when the proposed minor addition is close to the bluff. One approach is to make the study discretionary at the option of staff. Another approach would be to allow staff to waive the study requirement when it appeared that a study was not necessary. 4. Ability to comply- The primary impediment to compliance with the requirement for engineering studies of slope development is the cost to the property owner. A $1,500 study to analyze the site of a $500,000 home does not seem umeasonable. A $10,000 study to analyze the site of a $150,000 home may not seem so reasonable. 5. Indemnification- The current ordinance requires the property owner to indemnify the City from any damages occurring as a result of slope failure. It has been suggested that this may be excessive. Staff is of the opinion that this indemnification requirement is both reasonable and desirable and demonstrates the Citry Council's fiduciary responsibility Mr. Bret Anderson, an engineer with STS Consultants Ltd. will be present at the Council meeting on April 20 and will make a presentation concerning bluffs, slope stability and engineering studies. Cost Recovery Analysis-There is no direct cost to the City other than the normal cost to review building permits. 1. Refer the bluff ordinance to the Planning Commission with specific issues for review, study and recommendation 2. Take no action 3. Other action as specified Motion to refer the bluff ordinance to the Planning Commission for review and recommendat' ons concerning specified issues L:\98FILES\980RDAMD\ZONING\BLF420CC.DOC 2 &0........................................i................................p. R..I~...O........................................................................................ O...................ii.~ €Y\E ~::'~ CITY OF PRIOR LAKE ORDINANCE NO. 98-01 AN ORDINANCE AMENDING SECTIONS 5-1-7 AND 5-8-3 A.3. OF PRIOR LAKE CITY CODE AND AMENDING SECTION 8.1 AND 9.3A.3 OF PRIOR LAKE ZONING ORDINANCE 83-6. The City Council ofthe City of Prior Lake does hereby ordain: Sections 5-1-7 and 5-8-3A.3 of Prior Lake City Code and Section 8.1 and 9.3A.3 of Prior Lake Zoning Ordinance 83-6 are hereby amended to read as follows: Section 5-1-7 and 8.1 Amend the definition of bluff to read as follows: Bluff: A topographic feature such as a hill, cliff or embankment having the following characteristics; (A) Part or all of the feature is located in a shoreland area; (B) The slope rises at least 25 feet above the ordinary high water level of the water body; (C) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30% or more; (D) The slope must drain toward the water body. Amend the definition of Top of Bluff to read as follows: Top of Bluff: The highest point of the slope, as measured from the toe of the bluff, where the grade becomes less than 30%. Section 5-8-3A.3 and 9.3A.3 are amended to read as follows: 3. Bluff Impact Zones, Bluff Setbacks and Engineering Required Structures and accessory facilities, except stairways and landings, shall not be placed in bluff impact zones. Bluff setbacks: 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%. On properties determined to have a bluff, the applicant for a building permit on that property shall provide engineering certification to the City by a registered professional engineer that no excavation, fill or placement of structures on the site will cause any slope to become unstable or will impose loads that may 16200 a~/iji~~@i~\plHfOOll.btke, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER affect the safety of structures or slopes. The engineer shall also certify that 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. The owner of the property shall provide certification from a registered professional engineer that the final grading of the site was completed in compliance with an approved grading plan. The property owner shall prepare and record a declaration of covenants conditions and restrictions in a form acceptable to the City Attorney which provides for owner maintenance of all manufactured slope areas, acceptance of all risks and liability associated with those areas and indemnification of the City from all associated claims. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 20th day of January, 1998. ATTEST: City Manager Mayor Published in the Prior Lake American on the 24th day of January, 1998. Drafted By: City of Prior Lake Planning Department 1:\98files\98ordamd\zoning\blufford.doc .. ~.