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HomeMy WebLinkAbout93-01 Shoreland Mgmnt SummaryNOTICE OF SUMMARY PUBLICATION OF CITY OF PRIOR LAKE ORDINANCE 93-01 SHORELAND MANAGEMENT ORDINANCE SUMMARY OF REGULATIONS: The Prior Lake City Council adopted a Shoreland Management Ordinance for the City of Prior Lake on March 1, 1993 subject to approval from the Minnesota Department of Natural Resources. The City formally submitted the Shoreland Ordinance to MDNR on March 3, 1993. The Minnesota Legislature passed Chapter 248, Laws of Minnesota 1995 which requires that an agency must, for any written requests submitted after July 1, 1995, approve or deny a written request related to zoning within 60 days of receipt of a complete application. Failure of the agency to act within the 60 day period is deemed by the Law to be approval of the request. The City of Prior Lake again formally transmitted a copy of the approved Shoreland Management Ordinance to the MNDNR on July 18, 1995 for its review and acceptance. The deadline for response by MNDNR passed with no comment related to the Shoreland Management Ordinance. Therefore, by operation of Chapter 248, Article 18, Laws of Minnesota 1995, the MDNR has approved and accepted the Shoreland Management Ordinance. On November 6, 1995 the City Council of Prior Lake adopted Resolution 95-112 which ratified and reaffirmed passage and approval of the Shoreland Management Ordinance and ordered publication of the Ordinance which shall become effective upon its' publication date. The follow~g paragraphs summarize the Shoreland Management Ordinance. The entire Ordinance is a~ilable for revl~, and or purchase from the Prior Lake P.l~mnit~ City Hall, 1620# F.,a~ie Creek~venue SE, Prior l~e, MN fl$372. of the Ordinance slt~uld be directed to Connie Cttrlson ttt 447-4230 e. vletts~io~ 212:....The Ordinattee will. be incorporated as Chapter. 9 of the Zoning Ord'mance and Title Z,,Chapt~... Il of ~e l~i.'or Lak?~ity Code, An Ordinanc~ Am nd g ~,.,or Lake City Codeand Vr r take The Council of th~ City of Prior Lake does hare .!:~y ordain: City Code SeCtion 5-,i,7,-Deffiiitionsi City Code Section 5-8-1, (C). ,I~eflnifion~, Prior Lake Ordinance No. 83-6, Seetion 8 I~ftnttions and Section 91i; C,'Oefiniti0ns ~ .Cit~ Code Chapter Zoning Ordinance No. 93-6, Chapter 9 .are hereby amended as follows: ,, 16200 F~k Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER If Impervious Surface (The portion of a buildable parcel which has a covering which does not permit water to percolate into the natural soil. Subject to the following exemptions, these structures and materials shall constitute impervious surfaces: Buildings, paved driveways and walkways greater than 3' in width, paved patios, covered'decks and other structures. All such structures and materials shall be documented by a Certificate of Survey unless exempted from this requirement by the Zoning Administrator). Shoreland (Land located within the following distances from protected waters: 1,000' from he ordinary high watermark of a lake, pond, or flowage; and 300' from a river or stream, or the landward extent of a floodplain on such rivers or streams, whichever is greater). Shore Impact Zone (Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the setback structure). Substandard Use (Any use of shorelands existing prior to the date of enactment of this Ordinance which is permitted within the applicable zoning district but does not meet the minimum lot area and length of the Ordinance). Surface Water-Oriented Commercial Use (The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use). Toe of the Bluff (The lower point of a 50' segment with an average slope exceeding 18%). Top of the Bluff ( the higher point of a 50' segment with an average slope exceeding 18%). GENERAL PROVISIONS: The City of Prior Lake has been authorized by State Law to adopt and administer Shoreland Management regulations consistent with Minnesota Statutes, Chapter 103, Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. The Ordinance will regulate all lands located within 1,000' of a designated public lake and 300' of a designated river or tributary. The lands to which the Ordinance applies are indicated on the Official Zoning Map of the City of Prior Lake. The uncontrolled use of shorelands of the City of Prior lake affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. The legislature of Minnesota has delegated responsibility to municipalities of the State to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, preserve the economic and natural environmental values of shorelands, and provide for the wise utilization waters and related land resources. DESIGNATION OF TYPES OF LAND USE: The Ordinance regulates the shorelands of 11 lakes and two tributary streams in Prior Lake, including Prior Lake and Spring Lake. The Shoreland Management Zone is an overlay zoning district which applies specified regulations to properties located in the zone. All permitted and conditional uses allowed by the underling zoning district are permitted. The Ordinance specifically regulates Substandard Uses. Substandard Uses are those uses of shorelands existing prior to the date of enactment of the Ordinance which are permitted within the Zoning District but do not meet the minimum lot area, setback or other dimensional requirements. Structural alterations which substantially increase a substandard use or structure may not be allowed. SMOSUM.DOC ZONING PROVISIONS: Unsewered Lakes - Natural Environment The minimum lot size 10 acres The minimum lot width is 330' Structure Setback from O-H-W is 150' Structure Setback from Top of Bluff is 30' Sewage System Setback from O-H-W is 150' Sewered Lakes - Natural Environment: RIPARIAN LOTS NON-RIPARIAN LOTS AREA WIDTH AREA WIDTH Single 40,000 125 20,000 100 Duplex 70,000 225 35,000 220 Triplex 100,000 325 52,000 315 Quad 130,000 425 65,000 410 Sewered Lakes - Recreational Development: NON-RIPARIAN LOTS AREA FRONT O-H-W AREA LOT WIDTH WIDTH LOT WIDTH Single 15,000 90 75 12,000 86 Duplex 35,000 135 75 26,000 135 Triplex 50,000 195 75 38,000 190 Quad 65,000 255 75 49,000 245 RIPARIAN LOTS Sewered Lakes - General Development NON-RIPARIAN LOTS AREA FRONT O-H-W AREA LOT WIDTH WIDTH LOT WIDTH Single 15,000 90 75 12,000 86 Duplex 26,000 135 75 17,500 135 Triplex 38,000 195 75 25,000 190 Quad 49,000 255 75 32,500 245 RIPARIAN LOTS Structure Setback from Top of Bluff- 30' for all Lake Classifications Structure Height Limitation - 35' for all Lake Classifications. * Structures and accessory facilities, except stairways and landings, must not be placed within the bluff impact zones. Impervious Surface coverage for lots in all zoning districts shall not exceed 30% of the lot area except as provided in the Ordinance. Such impervious surface coverage shall be documented by a certificate of SMOSUM.DOC survey at the time of any zoning or building permit application. Impervious surface coverage for all commercial and industrial zoning districts and for public recreational uses may be allowed to exceed 75% of the total lot or exceed existing conditions on the lot which are over 75% provided a conditional use permit is approved; All structures and practices shall comply with City Storm Water Management Plan and any other applicable conditions of this section are satisfactorily met. The Ordinance specifies standards for subdivision of duplex and townhome lots. Lots intended as controlled access to public waters or as recreation areas for non-riparian lots within subdivisions are permissible provided specific criteria in the Ordinance are complied with. The Ordinance specifies setback requirements and lowest floor elevation requirements for structures located in the Shoreland Overlay District. On General Development Lakes such as Prior and Spring Lakes, 1, water-oriented accessory structures may be permitted provided specific criteria can be met. The Ordinance defines stairways, lifts and landings and provides guidelines for construction. Development on islands is specifically regulated and limited to seasonal cabins, public parks and open space. SHORELAND ALTERATIONS: Alterations of vegetation and topography are regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, and to protect fish and wildlife habitat. Vegetation alteration necessary for the construction of structures and sewage treatment systems and construction of roads and parking areas regulated by the Ordinance are exempt from vegetation alteration standards. Grading and filling permits are required for the movement of more than 10 cubic yards of material on steep slopes or within shore or bluff impact zones and for the removal of more than 50 cubic yards of material in other areas. The Ordinance specifies methods to stabilize soils, minimize soil erosion, and grading of the shoreline of lakes. The Ordinance regulates the placement and design of roads, driveways and parking areas and requires implementation of specified storm water management controls. COMMERCIAL, INDUSTRIAL, PUBLIC/SEMI-PUBLIC, AGRICULTURE AND FORESTRY: The Shoreland Management Ordinance specifies impervious surface limits for the aforementioned land uses. Signs for such land uses are specifically regulated and may contain only the location and name of the establishment and the general types of goods or services available. The Ordinance specifies new feedlots must not be located in the shoreland of watercourses or in bluff impact zones and must meet a minimum 300' setback from the ordinary high water mark of public waters. Forest management standards specify harvesting of timber and associated reforestation must be conducted consistent with Best Management Practices and Forestry guidelines. Public and private water supplies for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and Minnesota Pollution Control Agency. Specific provisions for methods of sewage treatment are regulated including on-site sewage treatment system setbacks, non- conforming sewage treatment systems shall be upgrade at any time a building or zoning permit or variance of any type is required for any improvement on, or use of, the property. The Ordinance specifies criteria for conditional use permits including evaluation criteria, conditions, and notification procedures. Variances may only be granted in accordance with Minnesota Statutes, Chapter 462, as applicable. A variance may not circumvent the general purposes and intent of the Ordinance nor allow any use that is prohibited in the Zoning District. The Ordinance contains provisions for subdivision of land in the Shoreland District. Land must be suitable for development, and the project consistent with all official controls of the Subdivision Ordinance. Topographic, surface water features, soils information, adequacy of domestic water supply, location of floodplain districts as well as a line or contour representing the ordinary high water mark, the "toe" and the "top" of bluffs and minimum setback distances form the top of the bluff and/or lake shall be shown. The Department of Natural Resources shall be notified of any public hearings to consider variances, amendments, or conditional uses under shoreland management controls as well as subdivision and final plat decisions. SMOSUM.DOC The Shoreland Management Ordinance contains specific provisions related to development of PUD's within the Shoreland Districts. The project area must be divided into tiers as specified and the suitable area for development calculated for each type of land use proposed. Specific PUD density evaluation criteria are provided to determine base density for residential and commercial PUD's. Standards for preservation and maintenance in perpetuity of open space, development organization and functioning, open space requirements, erosion control and storm water management, centralization and design of facilities are identified in the Ordinance. DEVELOPMENT ON SUBSTANDARD LOTS: A lot of record existing upon the effective date of the Ordinance in a residential district, located adjacent to a General Development or Recreational Development Lake, which does not meet the requirements of the Ordinance as to area or width may be used for single family detached dwelling purposes provided 10 specific conditions are met. The minimum lot size with public sewer shall be a minimum of 50' in width and a minimum lot area equal to or greater than 7,500 square feet. The development plan can not exceed 30% impervious surface coverage. Grading, drainage and erosion control plans must be approved by the City. A substandard lot of record in the R-1 Zone, which contains 50' of lot width, may use one 5' side yard setback provided the lot is not contiguous to another lot owned in common by the applicant; no significant trees of 12" or more in caliper will need be removed to accommodate the 5' side yard setback; no encroachment into any other required setback will be necessary; the proposed building shall not encroach upon any recorded easement and there are no written objections from neighbors located within 100' of the subject site. Unsewered Lots, if in a group of 2 or more contiguous lots under the same ownership, shall not be considered as a separate parcel of land for the purposes of sale or development if any individual lot does not meet the minimum requirement of 50' in width and 7,500 square feet of area. The lot must be combined with one or more contiguous lots so they equal one or more parcels of land meeting the requirements of the Ordinance as much as possible. This Ordinance shall become effective from and after its passage and publication. Passed by the City Council of Prior Lake this 1st day of March, 1993. Ratified via Resolution 95-112 on November 6, 1995. To be published in the Prior Lake American on 27th day of November 1995. THE ENTIRE SHORELAND MANAGEMENT ORDINANCE IS AVAILABLE FOR REVIEW AND OR PURCHASE AT THE PRIOR LAKE PLANNING DEPARTMENT. Drafted By: Deb Garross Assistant City Planner City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, MN 55372 SMOSUM.DOC