HomeMy WebLinkAboutCouncil Memo - Shoreland to DNR 6.14.16 (2)MAYOR AND COUNCIL COMMUNICATION
DATE: 6/14/16
REGULAR
ITEM #:
MOTION
AGENDA ITEM: Shoreland Ordinance
SUBMITTED BY: Stephen Wensman, Planning Director
REVIEWED BY: Emily Becker, City Planner
Kristina Handt, City Administrator
BACKGROUND:
The regulation of shorelands in MN are governed by Minnesota Rules Part 6120.2800. This State Statute
defines the scope of the DNR shoreland regulations, which in no uncertain terms states that the DNR’s
minimum standards and criteria apply to those shoreland of public waters of the state which are subject to
local government land use controls. In 2015, the City of Lake Elmo updated its Shoreland Ordinance, but
had not received MNDNR approval as required. Typically, the process is track the changes to the
ordinance and to follow a MN/DNR checklist to be sure the amended ordinance is compliant with
minimum requirements. The 2015 ordinance amendment was rather comprehensive to address the City’s
zoning code update and no tracking of individual changes was made. The Planning Department has been
working with the MNDNR to get Shoreland Ordinance approved by the MNDNR and has had several
meetings with Jenifer Sorenson at the MNDNR to discuss the approval process and to go through the
checklist item by item.
ISSUE BEFORE COUNCIL:
Emily Becker, City Planner, has completed the checklist and has drafted an ordinance update that Staff
feels will comply with the minimum requirements of the MNDNR’s for shorelands and is requesting
permission by the City Council to send the ordinance and checklist to the MNDNR for their approval of
the ordinance. The draft ordinance amendment has added language to in an attempt to meet the
MNDNR’s minimum requirements. Once comments are received back by the MNDNR, Staff will
address any identified issues and will then begin the process of adopting those changes with a public
hearing at the Planning Commission and adoption by the City Council.
PROPOSAL DETAILS/ANALYSIS:
Although Staff is not seeking the Council’s review of the Shoreland Ordinance at this time, the draft
amendment to be sent to the MNDNR addresses areas that our current ordinance appears to be
noncompliant with the MNDNR’s model ordinance. The draft ordinance amendment will update the
2015 Shoreland Ordinance as follows:
• Subd. A– adding a reference to MN State Statutes
City Council Workshop 6/14/16 Regular Agenda Item #__
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• Table 17-3 - Change setback from a Natural Environment lake, increasing the minimum lot size
for two family/duplexes, and adding minimum lot width for unsewered single family and duplex
development.
o Adding g. Lots intended as controlled access to public waters…
• Design Criteria for Structures -Adding Roads, Driveway and Parking Area requirements
• Planned Unit Developments – Approval by the MNDNR required – avoids adding a long and
confusing PUD section to the Code.
• Nonconformities – updated to meet MNDNR minimum requirements.
FISCAL IMPACT:
None
RECOMMENDATION:
Staff recommends the City Council direct Planning Staff to send the Draft Ordinance Amendment and
checklist to the MNDNR for formal approval with the following motion:
“Move to direct Planning Staff to send the MNDNR the City of Lake Elmo’s draft Shoreland
Ordinance Amendment and checklist to begin the formal approval process as required by Minnesota
Statutes Section 103F.221”
City Council Workshop 6/14/16 Regular Agenda Item #__
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