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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