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HomeMy WebLinkAbout4A - Amend to Section 1104 Shoreland Reg of PL Zoning Ord�5A{{oG�{QssCf 9 MEETING DATE: AGENDA #: PREPARED BY: PUBLIC HEARING AGENDA ITEM: DISCUSSION PLANNING COMMISSION AGENDA REPORT JANUARY 21, 2014 4A JEFF MATZKE, PLANNER YES AMENDMENTS TO SECTION 1104 (SHORELAND REGULATIONS) OF THE CITY ZONING ORDINANCE Introduction The purpose of this agenda item is to review ordinance amendments to Section 1104 of the Shoreland District. Current Circumstances On July 8, 2013, the City Council annexed a portion of land in the southeast quadrant of the City. This area (known as the Hunter Annexation) has portions located within the Shoreland District of Cleary Lake. Cleary Lake is not currently listed within the Shoreland Ordinance; therefore, the following amendment is proposed to include Cleary Lake within the shoreland district regulations of the City of Prior Lake. Subsection 1104.201 (Shoreland Management Classification) Natural Environment Lakes DNR ID No. OHWM 1. Howard Lake 70-73P 957.3 Township 114, 115N, Range 22W, Sections 5, 32 2. Pike Lake 70-76P 820.5 Township 115N, Range 22W, Section 23 3. Unnamed (Arctic Lake) 70/85 906.7 Township 115N, Range 22W, Sections 33, 34SW 4. Keup's Lake (Mystic Lake) 70-79W 960.0 Township 115N, Range 22W, Section 27NW 5. Hass Lake 70-78 907.3 Township 115N, Range 22W, Section 27NW 6. Campbell Lake 70-56 925.5 Township 114N, Range 22W, Sections 5 & 6 7. Crystal Lake 70-61 943.3 Township 114N, Range 22W, Sections 10 & 11 8. Rice Lake 70-60 945.0 Township 114N, Range 22W, Sections 10 & 11 9. Cleary Lake 70-22 Township 114N, Range 21W, Section 7 Subsection 1104.900 (Development On Nonconforming Lots) In addition, an ordinance amendment is proposed for the section regarding development on Nonconforming Lots within the Shoreland District. The DNR has informed the City that a change has occurred in the State Statutes regarding development on nonconforming lots which is not reflected within the City's regulations. The following language is proposed to be added to Subsection 1104.902 (1): In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements: (1) The lot must be at least 66 percent of the dimensional standard for lot width and lot size; (2) The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system; (3) Impervious surface coverage must not exceed 30 percent of each lot; and (4) Development of the lot must be consistent with an adopted comprehensive plan. A lot subject to paragraph (i) not meeting the requirements of paragraph (i) must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. Notwithstanding paragraph (i), contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system, or connected to a public sewer. I. In evaluating all variances, zoning and building permit applications, or conditional use requests, the zoning authority shall require the property owner to address, when appropriate, storm water runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation -designed actions. M. A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage system requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. ISSUES: The City requirements regarding amendments to the Ordinance state that recommendations of the Planning Commission and final determinations of the City Council shall be supported by findings addressing the relationship of the proposed amendment to specific policies. In the case of amendments to the formal text of the Ordinance the following criteria are evaluated: ➢ There is a public need for the amendment, or ➢ The amendment will accomplish one or more of the purposes of the Ordinance, 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 requirements. 1. There is a public need for the amendments. The proposed ordinance amendments are proposed due to the expansion of the City in a recently annexed area which includes the shoreland district of a lake (Cleary Lake) which was not previously within the City boundaries prior to the recent annexation. An amendment is needed so that the City can regulate the Shoreland Ordinance over the area consistent with other shoreland districts within the City. Also an amendment is needed to provide clarity for the orderly development upon nonconforming lots within the shoreland districts. The proposed Ordinance amendments address these identified areas for property development and clarify the intent of City regulations. 2. The amendments will accomplish one or more of the purposes of the Ordinance, the Comprehensive Plan, or other adopted plans or policies of the City. This amendment will accomplish an objective of the 2030 Vision and Strategic Plan under the Environmental and Natural Resource Protection goal, which is to provide for conservation and protection of the lakes and surface water. In addition, the amendments will achieve the policy of the City to enact and maintain policies and ordinances to ensure the public safety, health, and welfare. Also the proposed amendments meet the following purposes of the Ordinance: ➢ Promote the most appropriate and orderly development of the residential, business, industrial, public land and public areas. ➢ Conserve natural resources and environmental assets of the community. 3. The adoption of this amendment is consistent with State and/or federal requirements. These amendments are consistent with federal and state requirements. Specifically in the case of the ordinance amendment to Section 1104.900, the purpose is to align the City's ordinance with the State Statute. The proposed Ordinance amendments are intended to continue to provide clarification and intent of the City regulations as well as align the Ordinance with State Statues in the case of the amendment to Section 1104.900. City Staff believes these ordinance amendments will accomplish purposes defined in the City's Comprehensive Plan and Ordinances. Based upon the findings set forth in this report, City Staff recommends approval of the proposed Ordinance amendments. ALTERNATIVES: 1. Motion and second recommending the City Council approve the Ordinance amendments as proposed, or with changes specified by the Planning Commission. 2. Motion and second recommend the City Council deny the proposed Ordinance amendments based on specific findings. 3. Motion and second tabling or continuing discussion of the item for a specific purpose. RECOMMENDED City Staff recommends Alternative #1. MOTIONS: ATTACHMENTS: 1. Redlined Ordinance Amendments to Section 1104 2. Map Exhibit of Cleary Lake Shoreland District Boundary SECTION 1104 SHORELAND REGULATIONS SUBSECTIONS Zoning Ordinance 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 (The following is an excerpt for illustrative purposes) 1104.200: DESIGNATION OF TYPES OF LAND USE: 1104.201 Shoreland Management Classification: In order to guide the wise development and utilization of shorelands of protected water for the preservation of water quality, natural characteristics, economic values and the general health, safety and welfare, certain protected waters in the City have been given a shoreland management classification. These protected waters of the City have been classified by the Commissioner of Natural Resources according to the DNR Protected Waters Maps for Scott County as follows: Natural Environment Lakes DNR ID No. OHWM 1. Howard Lake 70-73P 957.3 Township 114, 115N, Range 22W, Sections 5, 32 2. Pike Lake 70-76P 820.5 Township 115N, Range 22W, Section 23 3. Unnamed (Arctic Lake) 70/85 906.7 Township 115N, Range 22W, Sections 33, 34SW 4. Keup's Lake (Mystic Lake) 70-79W 960.0 Township 115N, Range 22W, Section 27NW 5. Hass Lake 70-78 907.3 Township 115N, Range 22W, Section 27NW Cify ofPrior Lake June 1, 2009 1104/pl Zoning Ordinance 6. Campbell Lake Township 114N, Range 22W, Sections 5 & 6 70-56 925.5 7. Crystal Lake Township 114N, Range 22W, Sections 10 & 70-61 943.3 8. Rice Lake Township 114N, Range 22W, Sections 10 & 70-60 945.0 9. Cleary Lake Township 114N, Range 21W, Section 7 70-22 948.7 Township 114, Range 22W, Sections 1, 2 Recreational Environment Lakes DNR ID No. OHWM 1. Markley Lake 70-21W 893.2 Township 114N, Range 21, 22W, Section 6.1 2. Unnamed (Blind Lake) 70-53 948.7 Township 114, Range 22W, Sections 1, 2 3. Unnamed (Jeffers Pond) Township 115, Range 21, 22W, Section 27 70-77 866.1 General Development Lakes DNR ID No. OHWM 1. Spring Lake 70-54P 912.8 Township 114, Range 22, Sections 3-5, 8-10 2. Lower Prior Lake 70-26P 904.0 Township 115, Range 21, 22, Sections 30, 25, 26, 35, 36 3. Upper Prior Lake 70-72P904.0 Township 114, 115N, Range 22W, Sections 2-4,34,35 Tributary Streams Legal Description 1. Unnamed (to Upper Prior Lake) SE 1/4, Section 4; SW 1/4, Section 3 Township 114N, Range 22W 2. Unnamed Tributary NE 1/4, Section 26; Section 23; SE Cify ofPrior Lake June 1, 2009 1104/p2 Zoning Ordinance 1/4, Section 14, Township 115N, Range 22W 1104.202 Shoreland District: The shorelands of the City of Prior Lake are hereby designated as a Shoreland Overlay District. The purpose of the Shoreland Overlay District is to provide for the wise utilization of shoreland areas in order to preserve the quality and natural character of these protected waters of the City. (1) Permitted Uses: All permitted uses allowed and regulated by the applicable zoning district as indicated on the official Zoning Map of the City. (2) Conditional Uses: All conditional uses and applicable attached conditions allowed and regulated by the applicable zoning district underlying this Shoreland Overlay District as indicated on the official Zoning Map of the City and as required by Subsection 1108.200. (3) Nonconforming Uses: Any uses of shorelands which were in legal existence prior to the date of enactment of this Section which are permitted within the applicable Use District, butdo not meetthe minimum lot area, setbacks orother dimensional requirements of this Chapter are nonconforming uses. However, structural alterations which substantially increase the nonconforming dimensions may not be allowed. (4) Prohibited Uses: Any uses which are not permitted, permitted with conditions, or permitted as conditional uses as regulated by the applicable Use District underlying this Shoreland Overlay District as indicated on the official Zoning Map of the City. (The following is an excerpt for illustrative purposes) 1104.900: DEVELOPMENT ON NONCONFORMING LOTS: 1104.901 Purpose: The purpose of regulating development on substandard lots of record is to coordinate development on substandard lots to ensure environmentally sensitive development, ensure compatibility with surrounding existing development and to allow for combination of lots to the extent possible. 1104.902 Nonconforming Lot: Development of a nonconforming lot of record requires sensitivity and careful attention to issues of drainage, setbacks, flood plain elevation, grading, lot coverage, existing vegetation cover, and relationship to adjacent structures. New construction upon nonconforming lots should be carefully designed to integrate with the existing neighborhood development. It is the intent of this Section to provide flexibility to develop nonconforming lots. However, the requirements outlined herein are intended to define the conditions under which the City will allow a nonconforming lot to be developed for single- family detached dwelling purposes without a variance. Development on nonconforming lots of record which do not comply with these criteria may only Cify ofPrior Lake June 1, 2009 1104/P3 Zoning Ordinance be considered after application for, and approval of, appropriate variances as provided for in Subsection 1108.400. (1) Sewered Areas: A legal lot of record existing upon the effective date of this Section in a residential district, located adjacent to a General Development or Recreational Development Lake, which does not meet the requirements of this Section as to area or width may be utilized for single-family detached dwelling purposes, provided that all of the conditions of this subsection apply: a. The minimum lot size with public sewer shall be a minimum of 50 feet in width measured at the front yard setback line and shall have a minimum lot area equal to or greater than 7,500 square feet. b. The lot has been assessed a sewer and water assessment and will not require an on-site septic system for development. C. The lot was created compliant with official controls in effect at the time. d. The development plans shall be in conformance with the policies for residential development as outlined in the Comprehensive Plan. e. The development plan shall not exceed thirty percent (30%) impervious surface coverage. f. Development shall be planned and conducted in such a manner that the control of disturbed areas and erosion is demonstrated during and after construction. g. A complete grading and drainage plan shall be submitted to the City Engineer for review. Such plans should be prepared in accordance with the Storm Water Management Plan. h. The lot and proposed structure shall meet all other performance standards of the zoning and building codes. i. In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements: (1) The lot must be at least 66 percent of the dimensional standard for t- - - Formatted: indent: Left: 1", Hanging: 0.5", No bullets or lot width and lot size; numbering (2) The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system; (3) Impervious surface coverage must not exceed 30 percent of each - - Formatted: indent: Left: 1.44",No bullets or numbering lot; and Cify ofPrior Lake June 1, 2009 1104/p4 Zoning Ordinance (4) Development of the lot must be consistent with an adopted comprehensive plan. I. A lot sublect to paragraph (I) not meeting the requirements of F- - - Formatted: Normal (Web), Left, Indent: Hanging: 0.5 paragraph (i) must be combined with the one or more contiguous lots Space Before: 2.4 pt, After: 6pt, Line spacing: At least 15.1 pt, Hyphenate, Font Alignment: Baseline, Pattern: Clear so they equal one or more conforming lots as much as possible. (White), Tab stops: Not at -1" + -0.5" + 0.63" + 1" + 1.5" + 1.75" + 2.25" + 3.05" + 3.5" k. Notwithstanding paragraph (i), contiguous nonconforming lots of ' - - Formatted: Indent: Left: 1", Hanging: 0.5" record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system, or connected to a public sewer. I. In evaluating all variances, zoning and building permit applications, or conditional use requests, the zoning authority shall require the property owner to address, when appropriate, storm water runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation -designed actions. M. A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage system requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. - - Formatted: Normal (Web), Left, Indent: Left: 1", First line: 0", Space Before: 2.4 pt, After: 6 pt, Line spacing: At least 15.1 pt, Hyphenate, Font Alignment: Baseline, Pattern: Clear (White), Tab stops: Not at -1" + -0.5" + 0.63" + 1" + 1.5" + 1.75" + 2.25" + 3.05" + 3.5" (THIS SPACE INTENTIONALLY BLANK FOR FUTURE AMENDMENTS) City ofPrior Lake June 1, 2009 1104/p5 Shoreland Ordinance Amendment Cleary Lake �� /]q` i �! •4 ' \,ice �,e�� l # t S Tk r� `'1 �•,� ? f%`�`J l D,ELMANN ST`SE 4.'�J 4i�r..�_Y � S � r '4 : ' .•^-""---�a�ir �ll'I,F �+� ti `(e• � °�' �'. � 1�� �4.i".:51 %1. mgl�:, =. z�`f �rhxliy'y'y 1 1 Shoreland Overlay Buffer Ir s% f � � � r rN •�d! 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