HomeMy WebLinkAbout#12 Shoreland Ordinance CombinedSTAFF REPORT
DATE: 2/7/2017
REGULAR
ITEM #: 12
TO: City Council
FROM: Emily Becker, City Planner
AGENDA ITEM: City’s Shoreland Management Overlay District Ordinance Amendment
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
The City amended its Shoreland Ordinance in 2014 by adoption of Ordinance 08-111. These amendments
were significant and did not receive required approval from the Minnesota Department of Natural
Resources (MNDNR).
The Planning Department has been working with the MNDNR to make amendments to the City’s
Shoreland Management Overlay District Ordinance to bring the ordinance in to compliance with
shoreland regulations of the state, as set forth in Minnesota Rules Part 6120.2800, in order to obtain
required approval from the MNDNR. The MNDNR provided conditional approval of the amended
ordinance in December of 2016.
ISSUE BEFORE COUNCIL:
The Council is respectfully requested to consider recommended amendments to Section 154.800:
Shoreland Management Overlay District of the Zoning Code.
PROPOSAL DETAILS/ANALYSIS:
In summary, the recommended amendments include the following:
•Definitions are removed, as these definitions are already in Chapter 11 of the zoning code.
•Three water bodies are removed from the Shoreland Classifications table, removing them
from the Shoreland Management Overlay District. A map of these waterbodies is attached to
this report.
o These do not have MNDNR shoreland classification and therefore are not required to
be included in the City’s Shoreland Ordinance. These four water bodies were not
included in the City’s 1993 Shoreland Ordinance but were added in during the 2014
Shoreland Ordinance amendment, as Staff at the time included all waterbodies that
were on MNDNR lakefinder and/or public waters inventory data, rather than only
including those that received MNDNR shoreland classification.
o MNDNR and VBWD Responses. While working with the MNDNR to amend its
Shoreland Management Overlay District ordinance, the Shoreland Classification Table
was discussed. The MNDNR recommended adding one waterbody and removing four.
Both the MNDNR and Valley Branch Watershed District (VBWD) were contacted
regarding the removal of the four waterbodies, and their exact responses can be viewed in
the attached emails.
City Council Meeting 2/7/2017 Regular Agenda Item
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o Summary of MNDNR Response: Recommended removing four water bodies
from the Shoreland Classification table (DNR ID#s 82041900, 82031300,
82041700, 82041400, 82019a, and 82016a) and adding one water body (DNR
ID# 82010500).
o Summary of VBWD Response: Developments still need to conform to VBWD
buffer and minimum floor elevation standards, so this in and of itself may
adequately protect these shorelands. MNDNR ID#82041700 is part of a
somewhat natural greenway connection between Horseshoe Lake and Lake
Elmo, which is part of a larger somewhat connected greenway from the St. Croix,
up Afton along Valley Creek, up Raleigh Creek and Sunfish Lake to the Tri-
Lakes and Long Lake and eventually to White Bear Lake.
•Berschen’s Pond was added to the Shoreland Classifications table.
o This water body has a MNDNR shoreland classification and therefore should be
included.
•Forest land conversion was added as a conditional use to Table 17-2, with standards outlined
in MN Rules Chapter 6120.3300 Subp. 8 included in Subd. (C) (8).
•Changes were made to the Shoreland Standards Table 17-3 to bring standards in to
compliance with the MNDNR shoreland standards.
o Reference to riparian dedication is deleted.
This was an amendment made during the 2014 shoreland ordinance
amendment and not approved by the MNDNR.
o Setbacks from ROW and roads are outlined.
o Certain lot width and size minimum standards were amended according to MNDNR
standards.
o Standards for triplexes and quads were added.
o Minimum lot width standards for unsewered lots and non-riparian lots were added.
o Impervious surface standards were kept.
•It should be noted that the MNDNR approved an increase in maximum
impervious standards within sewered shoreland areas (30% rather than 25%)
in exchange for a lower impervious standards for unsewered shoreland areas
(15% as opposed to 20%).
o Maximum structure height was added.
It should be noted that the MNDNR approved an increase in maximum
building height (35 feet as opposed to the standard of 25 feet) for a decrease
to Planned Unit Development (PUD) flexibility (20%, which is lower than
MNDNR standard but is aligned with the City’s PUD ordinance).
o Standards for lots intended as controlled access to public waters or recreation areas
for use by owners of nonriparian lots within subdivisions was added.
These standards were taken from the MNDNR Model Shoreland Ordinance.
•Restrictions on roads, driveways and parking area, as well as steep slopes, were added,
pursuant to requirements set forth by Minnesota Rules Part 6120.2800.
•Language was added to the Subdivision Standards subpart:
o Prohibiting lots that require the use of holding tanks.
o Added standards set forth in MN rules for duplexes, triplexes, and quads.
•The Sand and Gravel Extraction Subdivision was eliminated, as extraction is not a permitted
use within the shoreland district.
•PUD standards for PUDs within the shoreland were added, as requested by the MNDNR.
o Requirement to hook up to public sewer or community septic. The requirement that
PUDs be connected to public water supply and sewer systems was kept, but language
City Council Meeting 2/7/2017 Regular Agenda Item
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is also added that specifies that hen sewer is not available, individual septic systems
are not allowed, and a community septic system is required.
o Open Space Preserved in Perpetuity. Language from the 2014 City-approved
Shoreland ordinance was kept, requiring the developer/owner to provide for the
preservation and maintenance in perpetuity of open space and continuation of the
development as a community.
o Open Space Calculations – What May and May Not be Included. Since the Planning
Commission meeting, language was added that allows for wetlands and public waters
without shoreland classification to be included in open space calculations and
clarifies that public waters and wetlands cannot be included as open space. This was
in response to a question from a resident that arose on whether or not this could be
included, and the previous language did not clarify this. Staff consulted the MNDNR,
who explained that land below the Ordinary High Water Level of public waters
cannot be included, and so Staff recommends that this language be included for
clarification.
•Non-Conformities. The non-conformities section was revised to align more closely with State
Statute requirements for nonconformities.
•Surface Water-Oriented Uses. Standards for surface water-oriented uses were added as
recommended by the MNDNR. Language from the MNDNR Model Shoreland Ordinance
was used.
•Administration Section. The administration section was updated to more closely align with
Minnesota Rules.
The MNDNR has reviewed the ordinance and has given approval of the ordinance contingent upon
adoption of the ordinance with recommended edits. After the Planning Commission has made
recommendation and Council has approved any amendments to the Shoreland Ordinance, Staff will
send the ordinance to the MNDNR for final approval.
FISCAL IMPACT:
None.
OPTIONS:
The Council may:
•Approve the recommended ordinance amendment.
•Make changes to and approve the ordinance amendment.
•Deny the recommended ordinance amendment.
PLANNING COMMISSION/PUBLIC HEARING:
A public hearing was held on the proposed amendment on January 9, 2017 at the Planning Commission
meeting. Comments from the public included the following:
•Terry Emerson, 11678 20th St N, concern about:
•Involving the MNDNR in approval processes of variances, conditional use permits, etc.
• Requirement of a variance for additions or expansions to nonconforming structure.
• Logic behind adding Berschen’s Pond in the Shoreland Classification Table.
•Requiring the same setback from Ordinary High Water Level from a Natural Environment
water body in sewered areas as are required in non-sewered areas.
• The proposed amendment was recommended by an affirmative vote of 5-0.
City Council Meeting 2/7/2017 Regular Agenda Item
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•Ann Buchek, 2301 Legion Ave, questions about:
•If there is an open space requirement when developments meet lot area and size
requirements.
•Maintenance responsibility for open space.
•Whether 50% open space requirement was per shoreland within a development or per the
entire development within the shoreland.
•An email from John Hodler requesting that Goetschel be retained in the Shoreland Classifications
Table was read.
The Planning Commission recommended making the following two changes, which have been amended in
the attached, proposed ordinance:
•Do not remove Goetschel’s Pond from the Shoreland Classification Table.
•Clarify that open space must constitute at least 50% of the total project area within the shoreland of a
Planned Unit Development.
The Planning Commission also asked for clarification if lots served by community septic systems would
be considered sewered by shoreland standards. MNDNR’s response to this question is attached in an email.
The Planning Commission recommended the Council approve the ordinance as amended with an
affirmative vote of 5-0.
RECOMMENDATION:
Staff, the MNDNR, and the Planning Commission recommend that the Council approve the proposed
ordinance amendment to the City’s Shoreland Management Overlay District Ordinance.
“Move to approve Ord. 08-166 amending Section 154.800: Shoreland Management
Overlay District of the Zoning Code.”
In addition, Staff recommends that the City Council authorize summary publication of the approved
ordinance through the following resolution:
“Move to adopt Resolution 2017-012 authorizing summary publication of Ordinance 08-166”
ATTACHMENTS:
•Ord. 08-166
•MNDNR Comments and Contingent Approval Letter
•Resolution 2017-012
•Planning Commission meeting minutes, 1/9/2017
•MNDNR email clarifying community septic system standards.
•Map showing water bodies affected by changes to Shoreland Classification Table
•Email request to retain Goetschel in Shoreland Classification Table.
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CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-166
AN ORDINANCE AMENDING SHORELAND MANAGEMENT DISTRICT RESTRICTIONS TO OBTAIN
COMPLIANCE WITH DEPARTMENT OF NATURAL RESOURCES SHORELAND ORDINANCE
REQUIREMENTS.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code; Section 800 to read the following:
ARTICLE 17. SHORELAND MANAGEMENT OVERLAY DISTRICT
§154.800 Shoreland Management Overlay District
§154.800 Shoreland Management Overlay District
A. Purpose. The ordinance is adopted pursuant to the authorization and policies contained in
Minnesota Statutes, Chapter 103F, Minnesota Regulations, Parts 6120.2500-6120.3900, and the
planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. The purpose of the
Shoreland Management Overlay District is to preserve and enhance the quality of surface
waters and conserve the economic and natural environmental values of shorelands through the
following activities:
1.Regulate placement of sanitary and waste treatment facilities on shorelands of public
waters to prevent pollution of public waters and public health hazards resulting from the
facilities.
2.Regulate alteration of shorelands of public waters to prevent excessive sediment pollution,
increased water runoff and excessive nutrient runoff pollution.
3.Preserve and enhance the unique aesthetic appearance and ecological value of the
shoreland.
4.Regulate the construction of buildings and changes of land use in shorelands to minimize
property damage during periods of high water.
B. Definitions. Words, terms and phrases, when used in this section, shall have the meanings
ascribed to them in Subd. 01: Definitions; of Chapter 11: General Code Provisions, except
where the context clearly indicates a different meaning.
C. Shoreland Management Overlay District
1.Shoreland Classifications. The public waters in Table 17-1 have been classified by the
commissioner of natural resources, consistent with the classifications assigned by the
commissioner under Minnesota Rules, part 6120.3300, as: natural environment (NE),
recreational development (RD) and tributary (T) shorelands.
Table 17-1: Shoreland Classifications
DNR ID # Name Location
Ordinary
High Water
Level Class
82011601
Armstrong (north of
CSAH 10) Sec 28, T29, R21 1020.3 NE
2
82011602
Armstrong (south of
CSAH 10) Sec 28, T29, R21 1019.3 NE
82009900 Clear Sec 2 & 11, T29, R21 - NE
82010100 DeMontreville Sec 4, 5 & 9,T29, R21 929.3 RD
82010500 Berschen’s Pond NE
82011000 Downs Sec 24, T29, R21 889.1 NE
82010900 Eagle Point Sec 22 & 27, T29, R21 896.5 NE
82010600 Elmo
Sec 13, 14, 23, 24 & 26,
T29, R21 885.6 RD
82010800 Friedrich Pond Sec 15 & 22, T29, R21 - NE
82011300 Goose
Sec 27, 34 & 35, T29,
R21 924.4 NE
82011100 H.J. Brown Pond Sec 26, T29, R21 - NE
82007400 Horseshoe Sec 25, T29, R21 876.8 NE
82010400 Jane Sec 9 & 10, T29, R21 924.0 RD
82011700 Kramer Sec 35, T29, R21 - NE
82010300 Olson Sec 8 & 9, T29, R21 929.3 RD
N/A
Raleigh Creek North
(to Eagle Point Lake)
Sec 16, 21 & 22, T29,
R21 - T
N/A
Raleigh Creek South
(Eagle Point Lake to
Lake Elmo)
Sec 22, 23 & 227, T29,
R21 - T
82011200 Rose Sec 25 & 36, T29, R21 - NE
82010700 Sunfish Sec 14, T29, R21 896.4 NE
82010000 Unnamed Sec 4, T29, R21 - NE
82031300 Unnamed Sec 12, T29, R21 - NE
N/A
Unnamed to Wilmes
Lake Sec 33, T29, R21 - T
N/A Unnamed Tributary Sec 25, T29, R21 - T
Classifications
RD = Recreational Development Lake Classification
NE = Natural Environment Lake Classification
T = Tributary River Classification
Notes to Table 17-1:
a.As measured from and perpendicular to the ordinary high water level (OHWL)
2.Land Uses in Shoreland Districts. All uses of land shall be regulated by the applicable zoning
district subject to applicable conditions. Notwithstanding the underlying zoning district,
the following uses shall be regulated in shoreland districts as specified in Table 17-2:
Table 17-2: Permitted (P) and Conditional (C) Uses, Shoreland Classifications
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Shoreland Classification
Land Uses
Recreational
Development
Natural
Environment
Tributary
River
Residential P P P
Commercial P C C
Public and Civic Uses P C C
Outdoor Recreationa C C C
Agricultural and Related Usesb, c P P P
Industrial and Extractive Uses - - -
Utilities, Transportation and Communications C C C
Accessory Uses P P P
Planned Developments (PUDs) C C C
Forest Land Conversion C C C
Notes to Table 17-2:
a. City owned parks and open space and any uses or structures accessory to such uses are
permitted within shoreland areas.
b.Vegetative clearing within shore and bluff impact zones and on steep slopes is not permitted.
c.New feedlots are not allowed in any Shoreland Management Overlay District.
3.Shoreland Standards. The standards in Table 17-3 shall apply within shoreland areas to
principal, conditional and accessory uses and structures:
Table 17-3: Shoreland Standards
Shoreland Classification
Standards
Recreational
Development
Natural
Environment
Tributary
River
Minimum structure setback from County, State
or Federal road right-of-way 50 feet 50 feet 50 feet
Minimum setback from right-of-way line of town
road, public street, or other roads or streets not
classified 20 feet 20 feet 20 feet
Minimum structure setback from an unplatted
cemetery or historical sitea 50 feet 50 feet 50 feet
Minimum structure setback from the Ordinary High Water Level (OHWL)b, c, e
Seweredd 75 feet 150 feet 50 feet
Unseweredd 100 feet 150 feet 100 feet
Minimum structure setback from top of bluff 30 feet 30 feet 30 feet
Minimum septic system setback from OHWL 75 feet 150 feet 75 feet
Minimum low floor elevation above the 100-year
flood elevation 2 feet 2 feet 2 feet
Maximum impervious lot coverage
Sewerede 30%
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Unsewered 15%
Minimum lot sizef, riparian lots
Sewered
Single family detached 20,000 sf 40,000 sf Same as zoning
district Two-family or duplex 35,000 sf 70,000 sf
Triplex 120,000 sf 160,000 sf Same as zoning
district Quad 160,000 sf 200,000 sf
Unsewered
Single family detached 40,000 sf 80,000 sf Same as zoning
district Two-family or duplex 80,000 sf 70,000 sf
Minimum lot sizef, non-riparian lots
Sewered
Single family detached 15,000 sf 20,000 sf
Same as zoning
district
Two-family or duplex 26,000 sf 35,000 sf
Triplex 38,000 sf 52,000 sf
Quad 49,000 sf 65,000 sf
Unsewered
Single family detached 40,000 sf 80,000 sf Same as zoning
district Two-family or duplex 80,000 sf 160,000 sf
Minimum lot width,f, g riparian lots
Sewered
Single family detached 75 feet 125 feet 75 feet
Two-family or duplexe 135 feet 225 feet 115 feet
Triplexe 195 feet 325 feet 150 feet
Quade 255 feet 425 feet 190 feet
Unsewered
Single family detached 150 feet 200 feet 100 feet
Two-family or duplexe 225 feet 300 feet 150 feet
Minimum lot width, nonriparian Lots
Sewered
Single family detached 75 feet 125 feet 75 feet
Two-family or duplexe 135 feet 220 feet 115 feet
Triplexe 190 feet 315 feet 150 feet
Quade 245 feet 410 feet 190 feet
Unsewered
Single family detached 150 feet 200 feet 100 feet
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Two-family or duplexe 265 feet 400 feet 150 feet
Maximum Structure Height 35 feet 35 feet 35 feet
Notes to Table 17-3:
a.Reduction of the required setback from a historic site is permitted with the approval of the
office of the Minnesota State Archeologist.
b. Where structures exist on both sides of a proposed building site, structure setbacks may be
altered without a variance to conform to the adjoining setbacks from the Ordinary High Water
Level (OHWL), provided the proposed building is not located in a shore impact zone or bluff
impact zone.
c.Roads, driveways and parking areas shall meet the minimum structure setback. Where no
alternative exists, such improvements may be placed within the required structure setbacks
provided they are designed to adapt to the natural landscape, soil erosion is minimized and no
construction shall occur in shore or bluff impact zones. Exceptions to setback requirements must
comply with the rules and regulations of local watershed districts.
d. Commercial, public and civic uses located on lots with public waters frontage shall be setback
double the required setback or be substantially screened from the water by vegetation or
topography, assuming summer, leaf-on conditions.
e. Subdivisions of duplexes, triplexes, and quads within Natural Environment Shoreland districts
must also meet standards set forth in Section (C)(5)(c).
f.Minimum lot size and width requirements apply to residential uses only.
g.Lots Intended As Controlled Accesses to Public Waters or as Recreation Areas for Use by Owners
of Nonriparian Lots within Subdivisions. Must meet or exceed the following standards:
They must meet the width and size requirements for residential lots, and be suitable
for the intended uses of controlled access lots.
i.If docking, mooring, or over-water storage of more than six (6) watercraft
is to be allowed at a controlled access lot, then the width of the lot
(keeping the same lot depth) must be increased by the percent of the
requirements for riparian residential lots for each watercraft beyond six,
consistent with the following table:
Controlled Access Lot Frontage Requirements
Ratio of Lake Size to Shore Length
(acres/mile)
Required increase in frontage
(percent)
Less than 100 25%
100-200 20%
201-300 15%
301-400 10%
Greater than 400 5%
ii.They must be jointly owned by all purchasers of lots in the subdivision
or by all purchasers of nonriparian lots in the subdivision who are provided
riparian access rights on the access lot; and covenants or other equally
effective legal instruments must be developed that specify which lot
owners have authority to use the access lot and what activities are
allowed. The activities may include watercraft launching, loading, storage,
beaching, mooring, or docking. They must also include other outdoor
recreational activities that do not significantly conflict with general public
use of the public water or the enjoyment of normal property rights by
adjacent property owners. Examples of the non-significant conflict
activities include swimming, sunbathing, or picnicking. The covenants must
limit the total number of vehicles allowed to be parked and the total
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number of watercraft allowed to be continuously moored, docked, or
stored over water, and must require centralization of all common facilities
and activities in the most suitable locations on the lot to minimize
topographic and vegetation alterations. They must also require all parking
areas, storage buildings, and other facilities to be screened by vegetation
or topography as much as practical from view from the public water,
assuming summer, leaf-on conditions.
4.Design Criteria for Structures
a. Water Oriented Accessory Structures. Each lot may have one (1) water oriented
accessory structure not meeting the normal structure setbacks if the structure complies
with the following provisions:
i.Structure Height. The structure or facility must not exceed ten (10) feet in
height, exclusive of safety rails, from the average grade of the structure to
the peak of the roof. Detached decks must not exceed eight (8) feet above
grade at any point.
ii.Structure Size. Water oriented accessory structures cannot occupy an area
greater than two-hundred and fifty (250) square feet.
iii.Structure Setback. The setback of the structure or facility landward from
the Ordinary High Water Level (OHWL) must be at least ten (10) feet on a
recreational development lake and fifty (50) feet on a natural environment
lake.
iv.The structure or facility must be treated to reduce visibility as viewed
from public waters and adjacent shorelands by vegetation, topography,
increased setbacks or color, assuming summer, leaf-on conditions.
v.The roof of the structure may be used as a deck with safety rails, but must
not be enclosed or used as a storage area.
vi.The structure or facility must not be used for human habitation and must
not contain water supply or sewage treatment facilities.
vii.Watercraft Storage Facilities. As an alternative for recreational
development water bodies, water oriented accessory structures used solely
for watercraft storage, and including the storage of related boating and
water oriented sporting equipment, may occupy up to four hundred (400)
square feet provided the maximum width of the structure is twenty (20)
feet as measured parallel to the configuration of the shoreline.
b.Stairways, Lifts and Landings. Stairways and lifts are the preferred alternative to
major topographic alterations for achieving access up and down bluffs and steep slopes
to shore areas. Stairways and lifts must meet the following design requirements:
i.Stairways and lifts must not exceed four (4) feet in width. Wider stairways
may be used for public open space or recreation properties.
ii.Landings for stairways and lifts must not exceed thirty-two (32) square feet
in area. Landings larger than thirty-two (32) square feet may be used for
public open space or recreation properties.
iii.Canopies or roofs are not allowed on stairways, lifts or landings.
iv.Stairways, lifts and landings may be either constructed above ground on
posts or pilings or placed into the ground, provided that they are designed
and built in a manner that ensures control of soil erosion.
v.Stairways, lifts and landing must be located in the most visually
inconspicuous portions of lots, as viewed from the surface of the public
water assuming summer, leaf-on conditions, whenever practical.
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vi.Facilities such as public and private watercraft access ramps, lifts, access-
related parking areas, or mobility paths for physically handicapped persons
are also allowed for achieving access to shore areas, provided that the
dimensional and performance standards of subsections (i) through (v) above
are satisfied and provided the vegetative screening and erosion control
requirements are met.
c.Roads, Driveways, and Parking Areas. Public and private roads, driveways, and parking
areas must be designed to take advantage of natural vegetation and topography to
achieve maximum screening from view from public waters. Documentation must be
provided by a qualified individual that all roads and parking areas are designed and
constructed to minimize and control erosion to public waters consistent with the field
office technical guides of the local soil and water conservation district, or other
applicable technical materials.
d.Steep slopes. Local government officials must evaluate possible soil erosion impacts
and development visibility from public waters before issuing a permit for construction
of sewage treatment systems, roads, driveways, structures, or other improvements on
steep slopes. When determined necessary, conditions must be attached to issued
permits to prevent erosion and to preserve existing vegetation screening of structures,
vehicles, and other facilities as viewed from the surface of public waters, assuming
summer, leaf-on vegetation.
5.Subdivision Standards. The following standards shall apply to subdivisions in shoreland
areas:
a.Each lot created through subdivision must be suitable in its natural state for the
proposed use with minimal alteration. In determining suitability the City will consider
susceptibility to flooding, existence of wetlands, soil and rock formations with severe
limitations for development, severe erosion potential, steep topography, inadequate
water supply or sewage treatment capabilities, near-shore aquatic conditions
unsuitable for water-based recreation, important fish and wildlife habitat, presence of
significant historic sites, or any other feature of the natural land likely to be harmful to
the health, safety, or welfare of future residents of the proposed subdivision, or of the
community at large.
b.Subdivisions must conform to all other official controls adopted by the City of Lake
Elmo. Subdivisions will not be approved that are designed so variances from one or
more standards in official controls would be needed to use the lots for their intended
purpose. Lots that would require use of holding tanks must not be approved.
c.On natural environment lakes, subdivisions of duplexes, triplexes, and quads must also
meet the following standards:
i.Each building must be set back at least 200 feet from the ordinary high water
level.
ii.Each building must have common sewage treatment and water systems that
serve all dwelling units in the building.
iii.Watercraft docking facilities for each lot must be centralized in one location
and serve all dwelling units in the building.
iv.No more than 25 percent of a lake’s shoreline can be in a duplex, triplex, or
quad environment.
6.Agricultural Activities. The following standards shall apply to agricultural activities in
shoreland areas:
a.The shore impact for parcels with permitted agricultural uses is equal to a line parallel
to and 50 feet from the OHWL.
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b. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod
farming, and wild crop harvesting are permitted uses if steep slopes and shore impact
zones are maintained in permanent vegetation or operated under an approved
conservation plan (resource management systems) consistent with the field office
technical guides of the local soil and water conservation district or the USDA Natural
Resources Conservation Service.
c.New animal feedlots are not allowed in shoreland. Modifications or expansions to
existing feedlots or resumption of old feedlots are conditional uses and must meet the
following standards:
i.Feedlots must be designed consistent with Minnesota Rules Chapter 7020;
ii.Feedlots must not further encroach into the existing ordinary high water level
setback or the bluff impact zone and must not expand to a capacity of 1,000
animal units or more; and,
iii.Old feedlots not currently in operation may resume operation consistent with
Minnesota Statute Section 116.0711.
d.The use of pesticides, fertilizers or animal wastes within shoreland areas shall be done
in such a way as to minimize impacts on shore impact zones by proper application or
use of earth or vegetation.
7.Shoreland Alterations. The purpose of this section is to prevent erosion into public waters,
fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent back
slumping and protect fish and wildlife habitat. Shoreland alterations shall be allowed in
accordance with the following standards:
a.No principal or accessory structure or use shall be placed within bluff or shore impact
zones other than agricultural activities as permitted by subsection (C)(6)(b).
b.Shore impact zones shall be maintained in permanent vegetation or operated under an
approved conservation plan consistent with the field office technical guides of the local
soil and water conservation district.
c.Intensive Vegetative Clearing. Intensive vegetation clearing within shore and bluff
impact zones and/or steep slopes is not permitted. Intensive clearing within shoreland
areas outside of bluff or shore impact zones and steep slope areas is subject to
standards set forth in Subp. (C) (8) of this Section.
d.Limited Tree Clearing. Limited clearing of trees and shrubs and the cutting, pruning
and trimming of trees within bluff and shore impact zones or steep slopes to
accommodate picnic areas, trails and water access and to provide a view to the water
from a principal dwelling site shall be permitted provided the screening of structures,
as viewed from the water, is not substantially reduced and that the shading of water
surface is along rivers is preserved. These provisions do not apply to the removal of
tree limbs or branches that are dead or pose a safety hazard.
e.Grading in Shoreland Areas. All grading and filling activities must be in conformance
with the Wetland Conservation Act. Any grading or filling on steep slopes or within
shore or bluff impact zones involving the movement of ten (10) or more cubic yards of
material or involving more than fifty (50) cubic yards of material elsewhere in a
shoreland area shall require the submission of a Grading Permit. Approval shall be
granted only if the following conditions are met:
i.The smallest amount of bare ground is exposed for the shortest time
possible;
ii.Ground cover such as mulch is used for temporary bare soil coverage and
permanent ground cover, such as sod, is established;
iii.Methods to prevent erosion and trap sediment during construction are
employed;
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iv.Altered areas are stabilized to accepted erosion control standards;
v.Fill is not placed so as to create unstable slopes;
vi.Plans to place fill or excavated material on steep slopes are certified by
qualified professionals as to slope stability and must not create finished
slopes of 30 percent or greater;
vii.Alterations below the OHWL of public waters must first be authorized by
the Commissioner of the Minnesota Department of Natural Resources per
Minn. Stats. § 103G.245 and 103G.405;
viii.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 three feet horizontal to one foot vertical, the
landward extent of the riprap is within ten feet of the OHWL and the
height of the riprap above the OHWL does not exceed three feet; and
ix.Alterations of topography shall only be permitted if accessory to a
permitted or conditional use.
x.Fill or excavated material must not be placed in bluff impact zone.
8.Forest management standards. The harvesting of timber and associated reforestation
or conversion of forested use to a nonforested use must be conducted consistent with
the following standards:
a. Timber harvesting and associated reforestation must be conducted consistent with the
Sustaining Minnesota Forest Resources: Voluntary Site-Level Forest Management
Guidelines for Landowners, Loggers and Resource Managers
b.Forest land conversion to another use requires issuance of a conditional use permit and
adherence to the following standards:
i.Shore and bluff impact zones must not be intensively cleared of vegetation.
ii.An erosion and sediment control plan is developed and approved by the City
and local soil and water conservation district and is consistent with the City’s
Storm Water and Erosion and Sediment Control Ordinance (150.270) before
issuance of a conditional use permit for the conversion.
9.Stormwater Management. Stormwater management shall be in accordance with the
City’s Storm Water and Erosion and Sediment Control Ordinance (§150.270). In
addition, the Minnesota Pollution Control Agency's Minnesota Stormwater
Manual shall be used as guidance. Within shoreland areas, the following
standards also apply:
a.Existing natural drainage ways, wetlands and vegetated soil surfaces must be used to
convey, store, filter and retain storm water in a manner consistent with local
watershed district rules and regulations before discharge to public waters.
b. Development must be planned and conducted in a manner that will minimize the
extent of disturbed areas, runoff velocities, and erosion potential and reduce and delay
runoff volumes. Disturbed areas must be stabilized and protected as soon as grading is
complete and facilities or methods used to retain sediment on the site are removed.
c.Use of fertilizers, pesticides or animal wastes within shoreland areas must be done in a
way to minimize impact on the shore impact zone or public water by proper
application.
d. New constructed storm water outfalls to public waters must provide for filtering or
settling of suspended solids and skimming of surface debris before discharge.
10.Private Utilities. The following provisions shall apply in shoreland areas:
10
a.Private subsurface sewage treatment systems shall meet applicable City and County
requirements and Minnesota Pollution Control Agency's Chapter 7080 standards.
Publicly owned sewer systems shall be used where available.
b.Any private water supply to be used for domestic purposes shall meet quality
standards established by the Minnesota Department of Health and the Minnesota
Pollution Control Agency.
i. Private wells must be located, constructed, maintained, and sealed in
accordance with or in a more thorough manner than the Water Well
Construction Code of the Minnesota Department of Health.
11.Planned Unit Developments (PUD)
a.Purpose. To protect and enhance the natural and scenic qualities of shoreland areas
during and after development and redevelopment of high density residential uses.
b.Density. Deviation from the minimum lot size standards of Table 17-3 of this ordinance
is allowed if the standards in this Section are met.
c.Processing of PUDs. Planned unit developments are processed according to the
procedures in Section 154.758 and the standards of Article XVI and Article XVII,
whichever is more restrictive. Approval cannot occur until all applicable environmental
reviews are complete.
d.Application for a PUD. The applicant for a PUD must submit the following documents
prior to final action on the application request:
i.A property owners association agreement with mandatory membership, and
consistent with 11 (h) (iv) of this ordinance.
ii.Deed restrictions, covenants, permanent easements or other instruments that:
1.Address future vegetative and topographic alterations, construction of
additional buildings, beaching of watercraft, and construction of
commercial buildings in residential PUDs; and
2.Ensure preservation and maintenance of open space in perpetuity
accordance with the criteria and analysis specified in 11 (h) of this
ordinance.
e.Density Determination. Proposed new or expansions to existing planned unit
developments must be evaluated using the following procedures.
i.Step 1. Identify Density Analysis Tiers. Divide the project parcel into tiers by
drawing one or more lines parallel to the ordinary high water level at the
following intervals, proceeding landward:
Classification Tier Depth
No Sewer (ft) Sewer (ft)
Recreational Development Lakes 267 267
Natural Environment Lakes 400 320
Tributary Rivers 300 300
11
ii.Step 2. Calculate Suitable Area for Development. Calculate the suitable area
within each tier by excluding all wetlands, bluffs, or land below the ordinary
high water level of public waters.
iii.Step 3. Determine Base Density
1.Divide the suitable area within each tier by the minimum single
residential lot area in Table 17-3 (use required minimum riparian lot
areas for the 1st tier unless no lots within the 1st tier are riparian) for
lakes to determine the allowable number of dwelling units, or base
density, for each tier. Allowable densities may be transferred from any
tier to any other tier further from the waterbody, but must not be
transferred to any tier closer to the waterbody.
2.All PUDs must meet the design standards in Section 11 (f) of this
ordinance.
iii.Step 4. Determine if the Site can Accommodate Increased Density.
The PUD may provide for an increase in density of up to 20% allowed in the
base zoning district or in Table 17-3, whichever is more restrictive, if:
Structure setbacks from the ordinary high water level:
1.Are increased to at least 50 percent greater than the minimum
setback; or
2.The impact on the waterbody is reduced an equivalent amount through
vegetative management, topography, or additional acceptable means
and the setback is at least 25 percent greater than the minimum
setback.
f.Design Criteria. All PUDs must meet the following design criteria:
i.General Design Standards.
1.Dwelling units must be clustered into one or more groups and located
on suitable areas of the development.
2.Dwelling units must be designed and located to meet the dimensional
standards, other than those for lot area and width, in Table 17-3:
3.Shore recreation facilities:
1.Must be centralized and located in areas suitable for them
based on a suitability analysis (as explained in Subd. (C) (5)
(a) of this Section).
2.The number of spaces provided for continuous beaching,
mooring, or docking of watercraft must not exceed one for
each allowable dwelling unit in the first tier.
3.Launching ramp facilities, including a small dock for loading
and unloading equipment, may be provided for use by
occupants of dwelling units located in other tiers.
4.At least 50 percent of the total project area shall be preserved as open
space and must meet standards outlined in 11 (g) of this ordinance.
12
5.PUDs shall be connected to public water supply and sewer systems.
When sewer is not available, individual septic systems are not allowed;
community sewage treatment systems are required.
6.Approval from the DNR is required to ensure compliance with
additional regulations.
ii.Structures, parking areas, and other facilities must be treated to reduce
visibility as viewed from public waters and adjacent shorelands by vegetation,
topography, increased setbacks, color, or other means acceptable to the local
unit of government, assuming summer, leaf-on conditions. Vegetative and
topographic screening must be preserved, if existing, or may be required to be
provided.
iii.Accessory structures and facilities, except water oriented accessory structures,
must meet the required structure setback and must be centralized.
g.Open Space Requirements.
i.Open space must constitute at least 50 percent of the total project area within the
shoreland and must include:
1.Areas with physical characteristics unsuitable for development in their
natural state and areas containing significant historic sites or unplatted
cemeteries;
2.Portions of the shore impact zone preserved in its natural or existing state
as follows:
i.For existing residential PUD’s, at least 50 percent of the shore
impact zone
ii.For new residential PUDs, at least 70 percent of the shore impact
zone.
ii.Open space may include:
1.Outdoor recreational facilities for use by owners of lots in the subdivision and
by the general public; and
2.Stormwater detention facilities, subsurface sewage treatment systems (if the
use of the space is restricted to avoid adverse impacts on the systems), and
other required site improvements not prohibited herein may be applied to this
requirement.
3.Non-public water wetlands
i.Open space shall not include:
1.Road rights-of-way, or land covered by roads, structures or parking surfaces;
2.Lots, unless owned in common by an owners association;
3.Commercial facilities or uses;
4.Land below the OHWL of public waters.
h.Open Space Maintenance and Administration Requirements.
i.Open space preservation. The appearance of open space areas, including
topography, vegetation, and allowable uses, must be preserved.
13
ii.Before final approval of a PUD is granted, the developer/owner shall provide for
the preservation and maintenance, in perpetuity, of open space and the
continuation of the development as a community.
iii.The instruments must prohibit:
1.Commercial uses ;
2.Vegetation and topographic alterations other than routine maintenance;
3.Construction of additional buildings or storage of vehicles and other materials;
and
4.Uncontrolled beaching of watercraft.
iv.Development organization and functioning. All planned unit developments must use
an owners association with the following features:
1.Membership must be mandatory for each dwelling unit owner and any
successive owner;
2.Each member must pay a pro rata share of the association’s expenses, and
unpaid assessments can become liens on units or dwelling sites;
3.Assessments must be adjustable to accommodate changing conditions; and
4.The association must be responsible for insurance, taxes, and maintenance of
all commonly owned property and facilities.
12.Nonconformities.
a.All legally established nonconformities as of the date of this ordinance may continue,
but will be managed according to Minnesota Statutes, Section 462.357 Subd. 1e and
other regulations of this community for alterations and additions; repair after
damage; discontinuance of use; and intensification of use.
b.All additions or expansions to the outside dimensions of an existing nonconforming
structure must meet the setback, height, and other requirements of this ordinance.
Any deviation from these requirements must be authorized by a variance.
13.Surface Water-Oriented Uses. Uses with needs to have access to and use of public waters
may be located on parcels or lots with frontage on public waters must meet the following
standards:
i.In addition to meeting impervious coverage limits, setbacks, and other zoning
standards, uses must be designed to incorporate topographic and vegetative
screening of parking areas and structures.
ii.Uses that require short-term watercraft mooring for patrons must centralize
these facilities and design them to avoid obstructions of navigation and to be
the minimum size necessary to meet the need.
iii.No advertising signs or supporting facilities for signs may be placed in or upon
public waters. Signs conveying information or safety messages may be placed in
or on public waters by a public authority or under a permit issued by the
county sheriff.
iv.Signs may be placed, when necessary, within the shore impact zone if they are
designed and sized to be the minimum necessary to convey needed
information.
14
v.Other outside lighting may be located within the shore impact zone or over
public waters if it is used primarily to illuminate potential safety hazards and is
shielded or otherwise directed to prevent direct illumination out across public
waters. This does not preclude use of navigational lights.
D. Administration.
1.Variances. Variances may only be granted in accordance with Minnesota Statutes,
Section 462.357 and are subject to the following:
a. A variance may not circumvent the general purposes and intent of this ordinance;
and
b. For properties with existing sewage treatment systems, a certificate of compliance,
consistent with Minnesota Rules Chapter 7082.0700 Subp. 3, is required for variance
approval. A sewage treatment system shall be considered compliant if the only
deficiency is the system’s improper setback from the ordinary high water level.
2.Conditional Uses. All conditional uses in the shoreland area are subject to a thorough
evaluation of the waterbody and the topographic, vegetation, and soil conditions to
ensure:
a. The prevention of soil erosion or other possible pollution of public waters, both
during and after construction;
b. The visibility of structures and other facilities as viewed form public waters is
limited;
c. There is adequate water supply and on-site sewage treatment; and
d. The types, uses, and numbers of watercraft that the project will generate are
compatible in relation to the suitability of public waters to safely accommodate these
watercraft.
3.Mitigation.
a. In evaluating all variances, conditional uses, zoning and building permit applications,
the zoning authority shall require the property owner to address, when related to and
proportional to the impact, the following conditions to meet the purpose of this
ordinance, to protect adjacent properties, and the public interest:
1.Advanced storm water runoff management treatment;
2.Reducing impervious surfaces;
3.Increasing setbacks from the ordinary high water level;
4.Restoration of wetlands;
5.Limiting vegetation removal and/or riparian vegetation restoration;
6.Provisions for the location, design, and use of structures, sewage treatment
systems, water supply systems, watercraft launching and docking areas, and
parking areas; and
7.Other conservation-designed conditions the zoning authority deems necessary.
b.In evaluating plans to construct sewage treatment systems, roads, driveways,
structures, or other improvements on steep slopes, conditions to prevent erosion and
to preserve existing vegetation screening of structures, vehicles, and other facilities as
15
viewed from the surface of public waters assuming summer, leaf-on vegetation shall be
attached to permits.
4.Notifications to the Department of Natural Resources
a.All notices of public hearings to consider variances, ordinance amendments, or
conditional uses under shoreland management controls must be sent to the
commissioner or the commissioner’s designated representative at least ten days before
the hearings. Notices of hearings to consider proposed subdivisions/plats must include
copies of the subdivision/plat.
b.All approved ordinance amendments and subdivisions/plats, and final decisions
approving variances or conditional uses under local shoreland management controls
must be sent to the commissioner or the commissioner’s designated representative and
postmarked within ten days of final action. When a variance is approved after the
Department of Natural Resources has formally recommended denial in the hearing
record, the notification of the approved variance shall also include the summary of the
public record/testimony and the findings of facts and conclusions which supported the
issuance of the variance.
c.Any request to change the shoreland management classification of public waters
must be sent to the commissioner or the commissioner’s designated representative for
approval, and must include a resolution and supporting data as required by Minnesota
Rules, part 6120.3000, subp.4.
d.Any request to reduce the boundaries of shorelands of public waters must be sent to
the commissioner or the commissioner’s designated representative for approval. The
boundaries of shorelands may be reduced when the shoreland of water bodies with
different classifications overlap. In these cases, the topographic divide between the
water bodies shall be used for adjusting the boundaries.
5.Subsurface Sewage Treatment System Certificate of Compliance. A certificate of
compliance, consistent with Minnesota Rules Chapter 7082.0700 Subp. 3, is required
whenever a permit or variance of any type is required for any improvement on or use of the
property. A sewage treatment system shall be considered compliant if the only deficienct is
the system’s improper setback from the ordinary high water level.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 43 Adoption Date. This Ordinance 08-166 was adopted on this 7th day of
February 2017, by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
_________________________________
Mike Pearson, Mayor
16
ATTEST:
_________________________________
Julie Johnson, City Clerk
This Ordinance 08-____ was published on the ____ day of ___________________, 2017.
Puctr -r-riL
Terri Yearwood
en al Region ager
MINNESOTA DEPARTMENT OF NATURAL RESOURCES
CENTRAL REGION
1200 WARNER ROAD
SAINT PAUL, MN 55106
651-259-5800
MNDNR
Date: 12/29/2016
Steve Wensman
Planning Director, City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
Re: MNDNR Conditional Approval of City of Elmo's Shoreland Regulations and DNR Flexibility to State
Shoreland Standards
Steve —
MNDNR has reviewed Lake Elmo's draft Article 17 —Shoreland Management Overlay District (submitted
to our Central Region Office for review on 12/28/16) for compliance with the State Shoreland
Management Regulations. Contingent on changes requested by MNDNR in the attached draft Article 17
dated 12/29/16, the attached Article 17 with additions and deletions is compliant with MN Rules, Parts
6120.2500 — 6210.3900 and is conditionally approved by MNDNR.
Under shoreland flexibility, MNDNR and the City of Lake Elmo agree to allow a 35-foot maximum
building height (standard = 25 feet) and 30% maximum impervious surface coverage of lots in sewered
areas (standard = 25%), in return for 15% impervious surface coverage on unsewered lots (standard =
25%) and a 20% bonus density increase for PUDs (standard = 200%). The 20% bonus density increase for
PUDs is consistent with the City's existing PUD provisions. It is found that these flexibility requests
involve circumstances that take into account the existing development patterns of Lake Elmo. MNDNR
provides conditional approval for your request for implementation flexibility.
If you have questions regarding the contents of this letter, please contact Jenifer Sorensen, Area
Hydrologist (651-259-5754; jenifersorensen@state.mn.us ). Thank you for Lake Elmo's efforts in
developing standards that will protect the water resources of the state.
Sincerely,
DNR, Division of Ecological & Water Resources
1200 Warner Road, St. Paul, MN 55106
651-259-5766 I terri.yearwood@state.mn.us
mndnr.gov
PRINTED ON RECYCLED PAPER CONTAINING A MINIMUM OF 10% POST-CONSUMER WASTE.
rs,7 AN EQUAL OPPORTUNITY EMPLOYER.
CITY OF LAKE ELMO – 12-29-16
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-___
AN ORDINANCE AMENDING SHORELAND MANAGEMENT DISTRICT RESTRICTIONS TO OBTAIN
COMPLIANCE WITH DEPARTMENT OF NATURAL RESOURCES SHORELAND ORDINANCE
REQUIREMENTS.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code; Section 800 to read the following:
ARTICLE 17. SHORELAND MANAGEMENT OVERLAY DISTRICT
§154.800 Shoreland Management Overlay District
§154.800 Shoreland Management Overlay District
A.Purpose. The ordinance is adopted pursuant to the authorization and policies contained in
Minnesota Statutes, Chapter 103F, Minnesota Regulations, Parts 6120.2500-6120.3900, and the
planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. The purpose of the
Shoreland Management Overlay District is to preserve and enhance the quality of surface
waters and conserve the economic and natural environmental values of shorelands through the
following activities:
1.Regulate placement of sanitary and waste treatment facilities on shorelands of public
waters to prevent pollution of public waters and public health hazards resulting from the
facilities.
2.Regulate alteration of shorelands of public waters to prevent excessive sediment pollution,
increased water runoff and excessive nutrient runoff pollution.
3.Preserve and enhance the unique aesthetic appearance and ecological value of the
shoreland.
4.Regulate the construction of buildings and changes of land use in shorelands to minimize
property damage during periods of high water.
B. Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, in Subd. 01: Definitions; of Chapter 11: General
Code Provisions, except where the context clearly indicates a different meaning:.
Bluff. A topographic feature such as a hill, cliff, or embankment having the following
characteristics. (An area with an average slope of less than 18% over a distance of 50 feet or
more shall not be considered part of the bluff.)
1.Part or all of the feature is in a Shoreland area;
2.The slope rises at least 25 feet above the ordinary high water level of the water body;
3.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 greater; and
4.The slope must drain toward the water body.
Bluff Impact Zone. A bluff and land located within 20 feet from the top of a bluff.
Boathouse. A structure designed and used solely for the storage of boats and boating
equipment.
1
Dedicated Riparian Area. Starting at the Ordinary High Water Level (OHWL), areas dedicated to
the City to be maintained in a permanent state of natural vegetation for the purposes of
protecting surface waters from the impacts of land alteration and/or development activity.
Permitted uses within dedicated riparian areas are noted in subsection (C)(7) (f).
D.N.R. The Minnesota Department of Natural Resources.
Land Alteration. The excavation or grading of land involving movement of earth and materials
in excess of 50 yards.
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 structure setback.
Shoreland. Land located within the following distances from public waters: 1,000 feet from
the ordinary high water level of a lake, pond, or foliage; and 300 feet from a river or stream,
or the landward extend of a flood plain designated by ordinance on a river or stream;
whichever is greater. The limits of shorelands may be reduced whenever the waters involved
are bounded by topographic divides which extend landward from the waters for lesser
distances and when approved by the Commissioner.
Water-Oriented Accessory Structure of Facility. A small, above-ground building or other
improvement, except stairways, fences, docks, and retaining walls which, because of the
relationship of its use to a surface water feature, reasonably needs to be located closer to
public waters than the normal structure setback. Examples of the structures and facilities
include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks.
C. Shoreland Management Overlay District
1.Shoreland Classifications. The public waters in Table 17-1 have been classified by the
commissioner of natural resources, consistent with the classifications assigned by the
commissioner under Minnesota Rules, part 6120.3300, as: natural environment (NE),
recreational development (RD) and tributary (T) shorelands. Where noted, riparian
dedication is required by the City.
Table 17-1: Shoreland Classifications
DNR ID # Name Location
Ordinary
High Water
Level Class
150 FTa Riparian
Dedication
Required
82011601
Armstrong (north of
CSAH 10) Sec 28, T29, R21 1020.3 NE No
82011602
Armstrong (south of
CSAH 10) Sec 28, T29, R21 1019.3 NE No
82009900 Clear Sec 2 & 11, T29, R21 - NE No
82010100 DeMontreville Sec 4, 5 & 9,T29, R21 929.3 RD No
82010500 Berschen’s Pond NE
82011000 Downs Sec 24, T29, R21 889.1 NE No
82010900 Eagle Point Sec 22 & 27, T29, R21 896.5 NE No
82010600 Elmo
Sec 13, 14, 23, 24 &
26, T29, R21 885.6 RD No
82010800 Friedrich Pond Sec 15 & 22, T29, R21 - NE No
82011300 Goose
Sec 27, 34 & 35, T29,
R21 924.4 NE Yes
82011100 H.J. Brown Pond Sec 26, T29, R21 - NE No
82007400 Horseshoe Sec 25, T29, R21 876.8 NE No
82010400 Jane Sec 9 & 10, T29, R21 924.0 RD No
Commented [EB1]: Language regarding dedicated riparian
areas has been removed. This part of the ordinance was added in
2014 and not approved by the DNR.
Commented [EB2]: This is an administrative function requiring
approval by the DNR and is included in the administrative section.
Commented [EB3]: The DNR recommended removing these
definitions according to its comments dated 12.19.2016, as they are
all already in the definitions of Chapter 11 of the City Code.
Commented [JS4]: Armstrong Lake (South) must remain within
Table 17-1. The basin itself is in Oakdale, but a portion of the lake’s
shoreland district are within the City boundary of Lake Elmo and
thus must be regulated under the City’s shoreland ordinance.
2
82011700 Kramer Sec 35, T29, R21 - NE Yes
82041900 Margaret Sec 26, T29, R21 - NE No
82010300 Olson Sec 8 & 9, T29, R21 929.3 RD No
N/A
Raleigh Creek North
(to Eagle Point Lake)
Sec 16, 21 & 22, T29,
R21 - T No
N/A
Raleigh Creek South
(Eagle Point Lake to
Lake Elmo)
Sec 22, 23 & 227, T29,
R21 - T No
82011200 Rose Sec 25 & 36, T29, R21 - NE No
82010700 Sunfish Sec 14, T29, R21 896.4 NE No
82010000 Unnamed Sec 4, T29, R21 - NE No
82031300 Unnamed Sec 12, T29, R21 - NE No
82041700 Unnamed Sec 25, T29, R21 - NE No
82048400 Unnamed Sec 11, T29, R21 - NE No
N/A
Unnamed to Wilmes
Lake Sec 33, T29, R21 - T No
N/A Unnamed Tributary Sec 25, T29, R21 - T No
Classifications
RD = Recreational Development Lake Classification
NE = Natural Environment Lake Classification
T = Tributary River Classification
Notes to Table 17-1:
a.As measured from and perpendicular to the ordinary high water level (OHWL)
2.Land Uses in Shoreland Districts. All uses of land shall be regulated by the applicable zoning
district subject to applicable conditions. Notwithstanding the underlying zoning district,
the following uses shall be regulated in shoreland districts as specified in Table 17-2:
Table 17-2: Permitted (P), and Conditional (C) and Interim (I) Uses, Shoreland
Classifications
Shoreland Classification
Land Uses
Recreational
Development
Natural
Environment
Tributary
River
Residential P P P
Commercial P C C
Public and Civic Uses P C C
Outdoor Recreationa C C C
Agricultural and Related Usesb, c P P P
Industrial and Extractive Uses - - -
Utilities, Transportation and Communications C C C
Accessory Uses P P P
Commented [EB5]: The DNR allows extractive uses as
conditional uses in these shorelands. Industrial uses are also
conditional within RD and T shoreland classificiations but are not
allowed in NE lakes. The 2014 shoreland amendment had not
allowed these uses with any shorelands, and Staff has not made any
changes to this.
3
Planned Developments (PUDs) C C C
Forest Land Conversion C C C
Notes to Table 17-2:
a. City owned parks and open space and any uses or structures accessory to such uses are
permitted within shoreland areas.
b. Vegetative clearing within shore and bluff impact zones and on steep slopes is not permitted.
c.New feedlots are not allowed in any Shoreland Management Overlay District.
3.Shoreland Standards. The following standards in Table 17-3 shall apply within shoreland
areas to principal, conditional and accessory uses and structures:
Table 17-3: Shoreland Standards
Shoreland Classification
Standards
Recreational
Development
Natural
Environment
Tributary
River
Minimum structure setback from County, State
or Federal road right-of-way 50 feet 50 feet 50 feet
Minimum setback from right-of-way line of town
road, public street, or other roads or streets not
classified 20 feet 20 feet 20 feet
Minimum structure setback from an unplatted
cemetery or historical sitea 50 feet 50 feet 50 feet
Minimum structure setback from the Ordinary
High Water Level (OHWL)b, c, e
Riparian dedication required 200 feet 200 feet 200 feet
Riparian dedication not requiredd
Seweredd 75 feet 100 150 feet 5075 feet
Unseweredd 100 feet 150 feet 100 feet
Minimum structure setback from top of bluff 30 feet 30 feet 30 feet
Minimum septic system setback from OHWL 75 feet 150 feet 75 feet
Minimum low floor elevation above the 100-year
flood elevation 2 feet 2 feet 2 feet
Maximum impervious lot coverage
With riparian dedication 50% 50% 50%
Without riparian dedication
Sewerede 30% 30% 30%
Unsewered 15% or 6,000 square feet (sf), whichever is larger
Minimum lot sizef, riparian lots
Riparian dedication required Same as zoning district
Riparian dedication not required, sSewered
Single family detached 20,000 sf 40,000 sf Same as zoning
district Two-family or duplex 35,000 sf 70,000 sf
Triplex 120,000 sf 160,000 sf Same as
Commented [EB6]: This aligns with MN rules. Comment from
DNR: The reason why the structure setback from the OHW is 150
feet for both sewered and unsewered lots is that NE lakes are
especially sensitive water bodies – they are typically shallow and
more wetland in character than RD and GD classified lakes, which
are larger and deeper. Having a greater setback on NE lake allows
the width of the shoreland impact zone (SIZ) to also be greater
(since the SIZ is 1/2 the structure setback). In summary, to reduce
the impacts from human activities on NE lakes, which are more
ecologically sensitive, the OHW setback on NE lakes is greater than
for RD and GD lakes.
Commented [EB7]: MN rules only requires 50 feet for a
sewered property in a tributary SL
4
Quad 160,000 sf 200,000 sf zoning district
Riparian dedication not required, unsewered
Single family detached
40,000 sf 80,000 sf
Same as zoning
district
Minimum lot sizef, non-riparian lots
Riparian dedication required Same as zoning district
Riparian dedication not required, sSewered
Single family detached 15,000 sf 20,000 sf
Same as zoning
district
Two-family or duplex 17,500 26,000
sf
26,000 35,000
sf
Triplex 38,000 sf 52,000 sf
Quad 49,000 sf 65,000 sf
Riparian dedication not required, u Unsewered
Single family detached 40,000 sf 80,000 sf
Same as zoning
district
Two-family or duplex 80,000 sf 160,000 sf
Triplex 120,000 sf 240,000 sf
Quad 160,000 sf 320,000 sf
Minimum lot width,f, g riparian lots
Riparian dedication required Same as zoning district
Riparian dedication not required, sSewered
Single family detached 80 75 feet 125 feet 80 75 feet
Two-family or duplexe 135 feet 225 feet 115 feet
Triplexe 195 feet 325 feet 150 feet
Quade 255 feet 425 feet 190 feet
Riparian dedication not required, u Unsewered
Single family detached 150 feet 200 feet 100 feet
Two-family or duplexe 225 feet 300 feet 150 feet
Triplexe 300 feet 400 feet 300 feet
Quade 375 feet 500 feet 250 feet
Minimum lot width, nonriparian Lots
Sewered
Single family detached 75 feet 125 feet 75 feet
Two-family or duplexe 135 feet 220 feet 115 feet
Triplexe 190 feet 315 feet 150 feet
Quade 245 feet 410 feet 190 feet
Unsewered
Single family detached 150 feet 200 feet 100 feet
Two-family or duplexe 265 feet 400 feet 150 feet
Triplexe 375 feet 600 feet 200 feet
5
Quade 490 feet 800 feet 250 feet
Maximum Structure Height 35 feet 35 feet 35 feet
Notes to Table 17-3:
a.Reduction of the required setback from a historic site is permitted with the approval of the
office of the Minnesota State Archeologist.
b. Where structures exist on both sides of a proposed building site, structure setbacks may be
altered without a variance to conform to the adjoining setbacks from the Ordinary High Water
Level (OHWL), provided the proposed building is not located in a shore impact zone or bluff
impact zone.
c.With the exception of public crossings of public waters, Rroads, driveways and parking areas
shall meet the minimum structure setback. Where no alternative exists, such improvements
may be placed within the required structure setbacks provided they are designed to adapt to
the natural landscape, soil erosion is minimized and no construction shall occur in shore or bluff
impact zones. Exceptions to setback requirements must comply with the rules and regulations of
local watershed districts.
d. Commercial, and public and civic uses located on lots with public waters frontage shall be
setback double the required setback or be substantially screened from the water by vegetation
or topography, assuming summer, leaf-on conditions.
e.The maximum amount of impervious surface allowed for sewered lots zoned Rural Single Family
(RS) is 15% of lot area or 6,000 sf, whichever is larger.
e. Subdivisions of duplexes, triplexes, and quads within Natural Environment Shoreland districts
must also meet standards set forth in Section (C)(5)(d).
f.Minimum lot size and width requirements apply to residential uses only.
g.Lots Intended As Controlled Accesses to Public Waters or as Recreation Areas for Use by Owners
of Nonriparian Lots within Subdivisions. Must meet or exceed the following standards:
They must meet the width and size requirements for residential lots, and be suitable
for the intended uses of controlled access lots.
i.If docking, mooring, or over-water storage of more than six (6) watercraft
is to be allowed at a controlled access lot, then the width of the lot
(keeping the same lot depth) must be increased by the percent of the
requirements for riparian residential lots for each watercraft beyond six,
consistent with the following table:
Controlled Access Lot Frontage Requirements
Ratio of Lake Size to Shore Length
(acres/mile)
Required increase in frontage
(percent)
Less than 100 25%
100-200 20%
201-300 15%
301-400 10%
Greater than 400 5%
ii.They must be jointly owned by all purchasers of lots in the subdivision
or by all purchasers of nonriparian lots in the subdivision who are provided
riparian access rights on the access lot; and covenants or other equally
effective legal instruments must be developed that specify which lot
owners have authority to use the access lot and what activities are
allowed. The activities may include watercraft launching, loading, storage,
beaching, mooring, or docking. They must also include other outdoor
recreational activities that do not significantly conflict with general public
use of the public water or the enjoyment of normal property rights by
adjacent property owners. Examples of the non-significant conflict
activities include swimming, sunbathing, or picnicking. The covenants must
Commented [JS8]: Under (C)(5)(c)
6
limit the total number of vehicles allowed to be parked and the total
number of watercraft allowed to be continuously moored, docked, or
stored over water, and must require centralization of all common facilities
and activities in the most suitable locations on the lot to minimize
topographic and vegetation alterations. They must also require all parking
areas, storage buildings, and other facilities to be screened by vegetation
or topography as much as practical from view from the public water,
assuming summer, leaf-on conditions.
4.Design Criteria for Structures
a.Water Oriented Accessory Structures. Each lot may have one (1) water oriented
accessory structure not meeting the normal structure setbacks if the structure complies
with the following provisions:
i.Structure Height. The structure or facility must not exceed ten (10) feet in
height, exclusive of safety rails, from the average grade of the structure to
the peak of the roof. Detached decks must not exceed eight (8) feet above
grade at any point.
ii.Structure Size. Water oriented accessory structures cannot occupy an area
greater than two-hundred and fifty (250) square feet.
iii.Structure Setback. The setback of the structure or facility landward from
the Ordinary High Water Level (OHWL) must be at least ten (10) feet on a
recreational development lake and fifty (50) feet on a natural environment
lake.
iv.The structure or facility must be treated to reduce visibility as viewed
from public waters and adjacent shorelands by vegetation, topography,
increased setbacks or color, assuming summer, leaf-on conditions.
v.The roof of the structure may be used as a deck with safety rails, but must
not be enclosed or used as a storage area.
vi.The structure or facility must not be used for human habitation and must
not contain water supply or sewage treatment facilities.
vii. Watercraft Storage Facilities. As an alternative for recreational
development water bodies, water oriented accessory structures used solely
for watercraft storage, and including the storage of related boating and
water oriented sporting equipment, may occupy up to four hundred (400)
square feet provided the maximum width of the structure is twenty (20)
feet as measured parallel to the configuration of the shoreline.
b.Stairways, Lifts and Landings. Stairways and lifts are the preferred alternative to
major topographic alterations for achieving access up and down bluffs and steep slopes
to shore areas. Stairways and lifts must meet the following design requirements:
i.Stairways and lifts must not exceed four (4) feet in width. Wider stairways
may be used for public open space or recreation properties.
ii.Landings for stairways and lifts must not exceed thirty-two (32) square feet
in area. Landings larger than thirty-two (32) square feet may be used for
public open space or recreation properties.
iii.Canopies or roofs are not allowed on stairways, lifts or landings.
iv.Stairways, lifts and landings may be either constructed above ground on
posts or pilings or placed into the ground, provided that they are designed
and built in a manner that ensures control of soil erosion.
v.Stairways, lifts and landing must be located in the most visually
inconspicuous portions of lots, as viewed from the surface of the public
water assuming summer, leaf-on conditions, whenever practical.
Commented [EB9]: This is language taken from the MNDNR
model ordinance. There had previously been an issue with the
height allowed for water-oriented accessory structures (previously
the ordinance did not mention the maximum height was 10 feet
exclusive of safety rails).
7
vi.Facilities such as public and private watercraft access ramps, lifts, access-
related parking areas, or mobility paths for physically handicapped persons
are also allowed for achieving access to shore areas, provided that the
dimensional and performance standards of subsections (i) through (v) above
are satisfied. and provided the vegetative screening and erosion control
requirements are met.
c.Roads, Driveways, and Parking Areas. Public and private roads, driveways, and parking
areas must be designed to take advantage of natural vegetation and topography to
achieve maximum screening from view from public waters. Documentation must be
provided by a qualified individual that all roads and parking areas are designed and
constructed to minimize and control erosion to public waters consistent with the field
office technical guides of the local soil and water conservation district, or other
applicable technical materials.
d.Steep slopes. Local government officials must evaluate possible soil erosion impacts
and development visibility from public waters before issuing a permit for construction
of sewage treatment systems, roads, driveways, structures, or other improvements on
steep slopes. When determined necessary, conditions must be attached to issued
permits to prevent erosion and to preserve existing vegetation screening of structures,
vehicles, and other facilities as viewed from the surface of public waters, assuming
summer, leaf-on vegetation.
5.Subdivision Standards. The following standards shall apply to subdivisions in shoreland
areas:
a.Each lot created through subdivision must be suitable in its natural state for the
proposed use with minimal alteration. In determining suitability the City will consider
susceptibility to flooding, existence of wetlands, soil and rock formations with severe
limitations for development, severe erosion potential, steep topography, inadequate
water supply or sewage treatment capabilities, near-shore aquatic conditions
unsuitable for water-based recreation, important fish and wildlife habitat, presence of
significant historic sites, or any other feature of the natural land likely to be harmful to
the health, safety, or welfare of future residents of the proposed subdivision, or of the
community at large.
b.Subdivisions must conform to all other official controls adopted by the City of Lake
Elmo. Subdivisions will not be approved that are designed so variances from one or
more standards in official controls would be needed to use the lots for their intended
purpose. Lots that would require use of holding tanks must not be approved.
c.If, in a group of two or more contiguous lots under the same ownership, any individual
lot does not meet the requirements of this section, the lot must not be considered as a
separate parcel of land for the purposes of sale or development. The lot must be
combined with the one or more contiguous lots so they equal one or more parcels of
land, each meeting the requirement of this section as much as possible. An exception
to this standardard shall be made If each lot contains a habitable dwelling at the time
they into common ownership.
c.On natural environment lakes, subdivisions of duplexes, triplexes, and quads must also
meet the following standards:
i.Each building must be set back at least 200 feet from the ordinary high water
level.
ii.Each building must have common sewage treatment and water systems that
serve all dwelling units in the building.
ii.iii. Watercraft docking facilities for each lot must be centralized in one location
and serve all dwelling units in the building.
iii.iv. No more than 25 percent of a lake’s shoreline can be in a duplex, triplex, or
quad environment.
Commented [JS10]: Added this language in, which is under
6120.3200 Subpart 2 B.
8
6.Agricultural Activities. The following standards shall apply to agricultural activities in
shoreland areas:
a.The shore impact for parcels with permitted agricultural uses is equal to a line parallel
to and 50 feet from the OHWL.
b. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod
farming, and wild crop harvesting are permitted uses if steep slopes and shore impact
zones are maintained in permanent vegetation or operated under an approved
conservation plan (resource management systems) consistent with the field office
technical guides of the local soil and water conservation district or the USDA Natural
Resources Conservation Service.
Feedlots and manure storage are not permitted within the shoreland of watercourses or
in bluff impact zones, and must meet a minimum setback of 300 feet from the ordinary
high water level of all public water basins identified in subsection (C)(1).
c.New animal feedlots are not allowed in shoreland. Modifications or expansions to
existing feedlots or resumption of old feedlots are conditional uses and must meet the
following standards:
i.Feedlots must be designed consistent with Minnesota Rules Chapter 7020;
ii.Feedlots must not further encroach into the existing ordinary high water level
setback or the bluff impact zone and must not expand to a capacity of 1,000
animal units or more; and,
iii.Old feedlots not currently in operation may resume operation consistent with
Minnesota Statute Section 116.0711.
d.The use of pesticides, fertilizers or animal wastes within shoreland areas shall be done
in such a way as to minimize impacts on shore impact zones by proper application or
use of earth or vegetation.
7.Shoreland Alterations. The purpose of this section is to prevent erosion into public waters,
fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent back
slumping and protect fish and wildlife habitat. Shoreland alterations shall be allowed in
accordance with the following standards:
a.No principal or accessory structure or use shall be placed within bluff or shore impact
zones other than agricultural activities as permitted by subsection (C)(5)6(b).
b.Shore impact zones shall be maintained in permanent vegetation or operated under an
approved conservation plan consistent with the field office technical guides of the local
soil and water conservation district.
c.Intensive Vegetative Clearing. Intensive vegetation clearing within shore and bluff
impact zones and/or steep slopes is not permitted. Intensive clearing within shoreland
areas outside of bluff or shore impact zones and steep slope areas is permitted subject
to standards set forth in Subp. (C) (8) of this Section. City approval of an erosion and
sedimentation control plan that is consistent with the City’s Storm Water and Erosion
and Sediment Control Ordinance (§150.270).
d.Limited Tree Clearing. Limited clearing of trees and shrubs and the cutting, pruning
and trimming of trees within bluff and shore impact zones or steep slopes to
accommodate picnic areas, trails and water access and to provide a view to the water
from a principal dwelling site shall be permitted provided the screening of structures,
as viewed from the water, is not substantially reduced and that the shading of water
surface is along rivers is preserved. These provisions do not apply to the removal of
tree limbs or branches that are dead or pose a safety hazard.
e.Grading in Shoreland Areas. All grading and filling activities must be in conformance
with the Wetland Conservation Act. Any grading or filling on steep slopes or within
shore or bluff impact zones involving the movement of ten (10) or more cubic yards of
material or involving more than fifty (50) cubic yards of material elsewhere in a
shoreland area shall require the submission of a Grading Permit. Approval shall be
granted only if the following conditions are met:
Commented [DP11]: PCA rules are now more restrictive and
supersede the shoreland rules. PCA rules prohibit new feedlots in
shoreland so 300 foot setback and bluff impact zone are no longer
relevant. PCA rules do allow modification or expansion to existing
feedlots or resumption of old feedlots. Per SL rules these would
need to be processed as a conditional use. If these situations could
apply in the City, suggest using this language.
Commented [EB12]: This has been moved to the Forest
Management Section
9
i. Any filling or grading in any Type 2, 3, 4, 5, 6, 7 or 8 wetland shall be in
conformance with the Wetland Conservation Act of 1991 and shall require
consideration of how extensively the proposed activity will affect the
following functional qualities of the wetland:
a) Sediment and pollution trapping and retention
b) Storage of surface runoff to prevent or reduce flood damage
c) Fish and wildlife habitat and endangered plants and animals
d) Recreational use
e) Shoreline or bank stabilization
f) Historical significance
ii. The smallest amount of bare ground is exposed for the shortest time
possible;
iii. Ground cover such as mulch is used for temporary bare soil coverage and
permanent ground cover, such as sod, is established;
iv. Methods to prevent erosion and trap sediment during construction are
employed;
v. Altered areas are stabilized to accepted erosion control standards;
vi. Fill is not placed so as to create unstable slopes;
vii. Plans to place fill or excavated material on steep slopes are certified by
qualified professionals as to slope stability and must not create finished
slopes of 30 percent or greater;
viii. Alterations below the OHWL of public waters are authorized must first be
authorized by the Commissioner of the Minnesota Department of Natural
Resources per Minn. Stats. § 103G.245 and 103G.405;
ix. 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 three feet horizontal to one foot vertical, the
landward extent of the riprap is within ten feet of the OHWL and the
height of the riprap above the OHWL does not exceed three feet; and
x. Alterations of topography shall only be permitted if accessory to a
permitted or conditional use.
xi. Fill or excavated material must not be placed in bluff impact zone.
f. Dedicated Riparian Areas. Riparian areas dedicated to the City shall be protected from
intensive development. Permitted uses include passive open space, pedestrian trails,
public parks and park-related structures, facilities for public water access, fishing
piers, parking lots for park users, and stormwater treatment ponds. Unless being used
for active park purposes, the riparian areas shall be maintained in permanent natural
vegetation.
8. Forest management standards. The harvesting of timber and associated reforestation
or conversion of forested use to a nonforested use must be conducted consistent with
the following standards:
a. Timber harvesting and associated reforestation must be conducted consistent with the
Sustaining Minnesota Forest Resources: Voluntary Site-Level Forest Management
Guidelines for Landowners, Loggers and Resource Managers
b. Forest land conversion to another use requires issuance of a conditional use permit and
adherence to the following standards:
i. Shore and bluff impact zones must not be intensively cleared of vegetation.
ii. An erosion and sediment control plan is developed and approved by the City
and local soil and water conservation district and is consistent with the City’s
Commented [EB13]: These can be removed as they duplicate
standards in MR 8420
10
Storm Water and Erosion and Sediment Control Ordinance (150.270) before
issuance of a conditional use permit for the conversion.
8. Sand and Gravel Extraction. The following standards shall apply to sand and gravel
extraction uses:
a. Processing machinery shall be located consistent with setback standards for structures.
b. A site development and restoration plan shall be developed by the owner for approval
by the city which addresses dust, noise, possible pollutant discharges, hours and
duration of operation and anticipates vegetation and topography alterations. It shall
identify actions to be taken to mitigate adverse environmental impacts and measures
to be employed to restore the site after excavation.
9. Stormwater Management. Stormwater management shall be in accordance with the
City’s Storm Water and Erosion and Sediment Control Ordinance (§150.270). In
addition, the Minnesota Pollution Control Agency's Minnesota Stormwater Manual shall
be used as guidance. Within shoreland areas, the following standards also apply:
a. Existing natural drainage ways, wetlands and vegetated soil surfaces must be used to
convey, store, filter and retain storm water in a manner consistent with local
watershed district rules and regulations before discharge to public waters.
b. Development must be planned and conducted in a manner that will minimize the
extent of disturbed areas, runoff velocities, and erosion potential and reduce and delay
runoff volumes. Disturbed areas must be stabilized and protected as soon as grading is
complete and facilities or methods used to retain sediment on the site are removed.
c. Use of fertilizers, pesticides or animal wastes within shoreland areas must be done in a
way to minimize impact on the shore impact zone or public water by proper
application.
d. New constructed storm water outfalls to public waters must provide for filtering or
settling of suspended solids and skimming of surface debris before discharge.
10. Private Utilities. The following provisions shall apply in shoreland areas:
a. Private subsurface sewage treatment systems shall meet applicable City and County
requirements and Minnesota Pollution Control Agency's Chapter 7080 standards.
Publicly owned sewer systems shall be used where available.
b. Any private water supply to be used for domestic purposes shall meet quality
standards established by the Minnesota Department of Health and the Minnesota
Pollution Control Agency.
i. Private wells must be located, constructed, maintained, and sealed in
accordance with or in a more thorough manner than the Water Well
Construction Code of the Minnesota Department of Health.
11. Planned Unit Developments. Residential pPlanned unit developments shall be
permitted in shoreland areas subject to the requirements of Article XVI of this chapter.
a. Design criteria for planned unit developments within shoreland areas:
i. At least 50 percent of the total project area shall be preserved as open
space. The open space computation shall not include road rights-of-way, or
land covered by roads, structures or parking surfaces.
ii. Open space shall include areas having physical characteristics that are
unsuitable for development in their natural state and areas containing
.significant historic sites or unplatted cemeteries.
iii. Open space may contain outdoor recreational facilities for use by the
owners of residential units or the public.
iv. The appearance of open space areas, including topography, vegetation and
allowable uses, shall be preserved.
11
v.PUDs shall be connected to public water supply and sewer systems.
vi.Before final approval of a PUD is granted, the developer/owner shall
provide for the preservation and maintenance, in perpetuity, of open space
and the continuation of the development as a community.
vii.Approval from the DNR is required to ensure compliance with additional
regulations.
11.Planned Unit Developments (PUD)
a.Purpose. To protect and enhance the natural and scenic qualities of shoreland areas
during and after development and redevelopment of high density residential uses.
b.Density. Deviation from the minimum lot size standards of Table 17-3 of this ordinance
is allowed if the standards in this Section are met.
c.Processing of PUDs. Planned unit developments are processed according to the
procedures in Section 154.758 and the standards of Article XVI and Article XVII,
whichever is more restrictive. Approval cannot occur until all applicable environmental
reviews are complete.
d.Application for a PUD. The applicant for a PUD must submit the following documents
prior to final action on the application request:
i.A property owners association agreement with mandatory membership, and
consistent with 11 (h) (iv) of this ordinance.
ii. Deed restrictions, covenants, permanent easements or other instruments that:
1.Address future vegetative and topographic alterations, construction of
additional buildings, beaching of watercraft, and construction of
commercial buildings in residential PUDs; and
2.Ensure preservation and maintenance of open space in perpetuity
accordance with the criteria and analysis specified in 11 (h) of this
ordinance.
e.Density Determination. Proposed new or expansions to existing planned unit
developments must be evaluated using the following procedures.
i.Step 1. Identify Density Analysis Tiers. Divide the project parcel into tiers by
drawing one or more lines parallel to the ordinary high water level at the
following intervals, proceeding landward:
Classification Tier Depth
No Sewer (ft) Sewer (ft)
Recreational Development Lakes 267 267
Natural Environment Lakes 400 320
Tributary Rivers 300 300
ii.Step 2. Calculate Suitable Area for Development. Calculate the suitable area
within each tier by excluding all wetlands, bluffs, or land below the ordinary
high water level of public waters.
iii.Step 3. Determine Base Density
Commented [DP14]: Proposed for Section 11 of Article 17.
Commented [EB15]: Deed restrictions and covenants may be
provided to address future vegetative and topographic alterations,
construction of additional buildings, etc., but a permanent
easement will likely be required over open space areas.
12
1.Divide the suitable area within each tier by the minimum single
residential lot area in Table 17-3 for lakes to determine the allowable
number of dwelling units, or base density, for each tier. For rivers, if a
minimum lot area is not specified, divide the tier width by the
minimum single residential lot width. Allowable densities may be
transferred from any tier to any other tier further from the waterbody,
but must not be transferred to any tier closer to the waterbody.
2.All PUDs must meet the design standards in Section 11 (f) of this
ordinance.
iii.Step 4. Determine if the Site can Accommodate Increased Density.
The PUD may provide for an increase in density of up to 20% allowed in the
base zoning district or in Table 17-3, whichever is more restrictive, if:
Structure setbacks from the ordinary high water level:
1.Are increased to at least 50 percent greater than the minimum
setback; or
2.The impact on the waterbody is reduced an equivalent amount through
vegetative management, topography, or additional acceptable means
and the setback is at least 25 percent greater than the minimum
setback.
f.Design Criteria. All PUDs must meet the following design criteria:
i.General Design Standards.
1.Dwelling units must be clustered into one or more groups and located
on suitable areas of the development.
2.Dwelling units must be designed and located to meet the dimensional
standards, other than those for lot area and width, in Table 17-3:
3.Shore recreation facilities:
1.Must be centralized and located in areas suitable for them
based on a suitability analysis by the local unit of
government, which shall consider susceptibility to flooding,
existence of wetlands, soil and rock formations with severe
limitations for development, severe erosion potential, steep
topography, inadequate water supply or sewage treatment
capabilities, near-shore aquatic conditions unsuitable for
water-based recreation, important fish and wildlife habitat,
presence of significant historic sites, or any other feature of
the natural land likely to be harmful to the health, safety, or
welfare of future residents of the proposed subdivision or of
the city.
2.The number of spaces provided for continuous beaching,
mooring, or docking of watercraft must not exceed one for
each allowable dwelling unit in the first tier.
3.Launching ramp facilities, including a small dock for loading
and unloading equipment, may be provided for use by
occupants of dwelling units located in other tiers.
Commented [EB16]: Are riparian or nonriparian lot size
standards to be used? This is obvious for 2nd and 3rd tiers and so on,
but not so obvious for 1st tiers.
Commented [DP17]: Use riparian lot areas for 1st tier. If there
is no 1st tier (e.g. development is in SL but contains no riparian land
or there are no lots in the 1st tier) Otherwise, use nonriparian lot
sizes for all other tiers.
Commented [DP18]: For lot area of rivers, Table 17.3 refers to
underlying zoning. These can range widely from small to large lots,
however, lot widths next to a tributary are fixed. What are the
results of a minimum lot size of 7000 sf and a required width of,
say, 150 feet – a lot depth of 47 feet? Is this practical in Lake Elmo?
Commented [EB19R18]: I think this is something that would
need to be reviewed on a case by case basis. This example does not
make sense and will have to be clafiied by the MNDNR.
Commented [EB21]: I’m not sure I’m understanding what this
is saying correctly. Do you mean divide the underlying zoning
districts’ minimum lot area by the SL required minimum lot width.
How I’m reading it is:
Min Tier Width (Does this mean 267, 300, etc.(Tier Depth?)) / Min
Single Residential Lot Width (of zoning district?).
Can you please clarify?
Commented [DP20]: Since the city specifies lot area for river
lots as “underlying” zoning, this sentence can be removed. Table
17.3 includes the minimum lot widths, so removing sentence is
probably best to eliminate confusion.
Commented [DP22]: Unless the city envisions hotels, resorts
or campgrounds in shoreland, commercial PUD provisions and
references are not needed and have been removed.
Commented [DP23]: Consistent with existing PUD standards
Commented [DP24]: Definition for this?
Commented [EB25R24]: I included the definition from the
previous shoreland ordinance.
Commented [JS26R24]:
13
4.At least 50 percent of the total project area shall be preserved as open
space and must meet standards outlined in 11 (g) of this ordinance.
5. PUDs shall be connected to public water supply and sewer systems.
When sewer is not available, individual septic systems are not allowed;
community septic systems are required.
6.Approval from the DNR is required to ensure compliance with
additional regulations.
ii.Structures, parking areas, and other facilities must be treated to reduce
visibility as viewed from public waters and adjacent shorelands by vegetation,
topography, increased setbacks, color, or other means acceptable to the local
unit of government, assuming summer, leaf-on conditions. Vegetative and
topographic screening must be preserved, if existing, or may be required to be
provided.
iii.Accessory structures and facilities, except water oriented accessory structures,
must meet the required structure setback and must be centralized.
g.Open Space Requirements.
i.Open space must constitute at least 50 percent of the total project area and must
include:
1.Areas with physical characteristics unsuitable for development in their
natural state and areas containing significant historic sites or unplatted
cemeteries;
2.Portions of the shore impact zone preserved in its natural or existing state
as follows:
i.For existing residential PUD’s, at least 50 percent of the shore
impact zone
ii.For new residential PUDs, at least 70 percent of the shore impact
zone.
ii. Open space may include:
1.Outdoor recreational facilities for use by owners of lots in the subdivision and
by the general public; and
2.Stormwater detention facilities, subsurface sewage treatment systems (if the
use of the space is restricted to avoid adverse impacts on the systems), and
other required site improvements not prohibited herein may be applied to this
requirement.
i.Open space shall not include:
1.Road rights-of-way, or land covered by roads, structures or parking surfaces.
2.Lots, unless owned in common by an owners association; road rights-of-way, or
land covered by road surfaces; parking areas, or structures, except water-
oriented accessory structures or facilities; and
3.Commercial facilities or uses.
h. Open Space Maintenance and Administration Requirements.
i.Open space preservation. The appearance of open space areas, including
topography, vegetation, and allowable uses, must be preserved.
Commented [EB27]: This is language from the 2014 ordinance
amendment.
Commented [EB28]: This was added to provide an option for
developments to which sewer is not available.
Commented [EB29]: This was added from our 2014 ordinance.
Commented [DP30]: These provisions, or similar, may be in
other parts of the code. If so, they may be acceptable. If these exist,
I couldn’t find them.
Commented [EB31R30]: It more or less says this through this
part of the PUD Ordinance.: Open space. For all PUDs, at least 20%
of the project area not within street rights-of-way shall be
preserved as protected open space. Other public or site amenities
may be approved as an alternative to this requirement. Any
required open space must be available to the residents, tenants, or
customers of the PUD for recreational purposes or similar benefit.
Land reserved for storm water detention facilities and other
required site improvements may be applied to this requirement.
Open space shall be designed to meet the needs of residents of the
PUD and the surrounding neighborhoods, to the extent practicable,
for parks, playgrounds, playing fields and other recreational
facilities.
However, because this does not explicitly restrict commercial
facilities or lots, I think it best to keep it in here. I did add some
language that allows stormwater detention facilities and other site
improvements not prohibited herein to be located in open space.
Commented [EB32]: This was added from our 2014 ordinance.
Commented [DP33]: These provisions, or similar, may be in
other parts of the code. If so, they may be acceptable. If these exist,
I couldn’t find them.
14
ii. Before final approval of a PUD is granted, the developer/owner shall provide for
the preservation and maintenance, in perpetuity, of open space and the
continuation of the development as a community.
iii.The instruments must prohibit:
1.Commercial uses ;
2.Vegetation and topographic alterations other than routine maintenance;
3.Construction of additional buildings or storage of vehicles and other materials;
and
4.Uncontrolled beaching of watercraft.
iv. Development organization and functioning. All planned unit developments must use
an owners association with the following features:
1.Membership must be mandatory for each dwelling unit owner and any
successive owner;
2.Each member must pay a pro rata share of the association’s expenses, and
unpaid assessments can become liens on units or dwelling sites;
3.Assessments must be adjustable to accommodate changing conditions; and
4.The association must be responsible for insurance, taxes, and maintenance of
all commonly owned property and facilities.
12.Nonconformities. Nonconformities, substandard lots and structures, and nonconforming on-
site sewage treatment systems within shoreland areas shall meet the requirements
specified in Article IV of this chapter.
a.All legally established nonconformities as of the date of this ordinance may continue,
but will be managed according to Minnesota Statutes, Section 462.357 Subd. 1e and
other regulations of this community for alterations and additions; repair after
damage; discontinuance of use; and intensification of use.
b.All additions or expansions to the outside dimensions of an existing nonconforming
structure must meet the setback, height, and other requirements of this ordinance.
Any deviation from these requirements must be authorized by a variance.
a.The expansion or enlargement of a riparian substandard structure shall meet the
shoreland development standards set forth in subsection (C)(3) except as follows:
i.The extension, enlargement or alteration of a riparian substandard
structure or sanitary facility may be permitted on the side of the structure
or facility facing away from the OHWL without following the variance
process.
ii.An improvement to a riparian substandard structure or sanitary facility may
be allowed to extend laterally by a conditional use permit (parallel to the
OHWL) when the improvement is in compliance with the other dimensional
standards of this chapter. In no case shall the improvement extend closer
to the OHWL than the existing structure.
i.Decks may be allowed without a variance where riparian dedication is not
required, provided as follows:
1.A thorough evaluation of the property and structure reveals no
reasonable location for a deck meeting or exceeding the existing OHWL
setback of the structure;
Commented [EB34]: This is the exact language provided in
regards to open space preservation in City-approved 2014
ordinance.
Commented [DP35]: These provisions, or similar, may be in
other parts of the code. If so, they may be acceptable. If these exist,
I couldn’t find them.
15
2. The deck encroachment toward the OHWL does not exceed 15 percent
of the existing shoreline setback of the structure from the OHWL or
does not encroach closer than 30 feet, whichever is more restrictive;
and
3. The deck is constructed primarily of wood, and is not roofed or
screened.
ii. If a riparian substandard structure is demolished, replacement shall comply
with the dimensional standards of this section.
b. Any deviations from the standards set forth in subsection (C)(3) must be authorized by
a variance.
c. Nonconforming Sewage Treatment Systems.
iii. A sewage treatment system not meeting the requirements of subsection (C)
(10) (a) must be upgraded, at a minimum, at any time a permit or variance of
any type is required for any improvement on, or use of, the property. For the
purpose of this provision, a sewage treatment system shall not be considered
nonconforming if the only deficiency is the sewage treatment system’s
improper setback from the OHWL.
iv. Upgrading or replacement of any nonconforming system will be required within
a reasonable period of time which will not exceed 2-years. Sewage systems
installed according to all applicable local shoreland management standards
adopted under Minnesota Statutes, section 103F, in effect at the time of
installation may be considered as conforming unless they are determined to be
failing, except that systems using cesspools, leaching pits, seepage pits, or
other deep disposal methods, or systems with less soil treatment area
separation above groundwater than required by the Minnesota Pollution Control
Agency’s Chapter 7080 for design of on-site sewage treatment systems, shall be
considered nonconforming.
d. Construction on nonconforming lots of record.
v. Lots of record in the office of the county recorder on the date of enactment of
local shoreland controls that do not meet the requirements of Table 17-3 of
this ordinance may be allowed as building sites without variances from lot size
requirements provided the use is permitted in the zoning district, the lot size
meets the minimum restrictions of the underlying zoning district, the lot has
been in separate ownership from abutting lands at all times since it became
substandard, was created compliant with official controls in effect at the time,
and sewage treatment and setback requirements of this ordinance are met.
vi. If, in a group of two or more contiguous lots under the same ownership, any
individual lot does not meet the requirements of Table 17-3 of this ordinance
the lot must not be considered as a separate parcel of land for the purposes of
sale or development. The lot must be combined with the one or more
contiguous lots so they equal one or more parcels of land, each meeting the
requirements of Table 17-3 of this ordinance as much as possible.
13. Surface Water-Oriented Uses. Uses with needs to have access to and use of public waters
may be located on parcels or lots with frontage on public waters must meet the following
standards:
i. In addition to meeting impervious coverage limits, setbacks, and other zoning
standards, uses must be designed to incorporate topographic and vegetative
screening of parking areas and structures.
ii. Uses that require short-term watercraft mooring for patrons must centralize
these facilities and design them to avoid obstructions of navigation and to be
the minimum size necessary to meet the need.
iii. No advertising signs or supporting facilities for signs may be placed in or upon
public waters. Signs conveying information or safety messages may be placed in
16
or on public waters by a public authority or under a permit issued by the
county sheriff.
iv.Signs may be placed, when necessary, within the shore impact zone if they are
designed and sized to be the minimum necessary to convey needed
information.
v.Other outside lighting may be located within the shore impact zone or over
public waters if it is used primarily to illuminate potential safety hazards and is
shielded or otherwise directed to prevent direct illumination out across public
waters. This does not preclude use of navigational lights.
D. Administration.
1.Variances. Variances may only be granted in accordance with Minnesota Statutes,
Section 462.357 and are subject to the following:
a.A variance may not circumvent the general purposes and intent of this ordinance;
and
b.For properties with existing sewage treatment systems, a certificate of compliance,
consistent with Minnesota Rules Chapter 7082.0700 Subp. 3, is required for variance
approval. A sewage treatment system shall be considered compliant if the only
deficiency is the system’s improper setback from the ordinary high water level.
2.Conditional Uses. All conditional uses in the shoreland area are subject to a thorough
evaluation of the waterbody and the topographic, vegetation, and soil conditions to
ensure:
a.The prevention of soil erosion or other possible pollution of public waters, both
during and after construction;
b.The visibility of structures and other facilities as viewed form public waters is
limited;
c.There is adequate water supply and on-site sewage treatment; and
d.The types, uses, and numbers of watercraft that the project will generate are
compatible in relation to the suitability of public waters to safely accommodate these
watercraft.
3.Mitigation.
a.In evaluating all variances, conditional uses, zoning and building permit applications,
the zoning authority shall require the property owner to address, when related to and
proportional to the impact, the following conditions to meet the purpose of this
ordinance, to protect adjacent properties, and the public interest:
1.Advanced storm water runoff management treatment;
2.Reducing impervious surfaces;
3.Increasing setbacks from the ordinary high water level;
4.Restoration of wetlands;
5.Limiting vegetation removal and/or riparian vegetation restoration;
6.Provisions for the location, design, and use of structures, sewage treatment
systems, water supply systems, watercraft launching and docking areas, and
parking areas; and
7.Other conservation-designed conditions the zoning authority deems necessary.
17
b.In evaluating plans to construct sewage treatment systems, roads, driveways,
structures, or other improvements on steep slopes, conditions to prevent erosion and
to preserve existing vegetation screening of structures, vehicles, and other facilities as
viewed from the surface of public waters assuming summer, leaf-on vegetation shall be
attached to permits.
4.Notifications to the Department of Natural Resources
a.All notices of public hearings to consider variances, ordinance amendments, or
conditional uses under shoreland management controls must be sent to the
commissioner or the commissioner’s designated representative at least ten days before
the hearings. Notices of hearings to consider proposed subdivisions/plats must include
copies of the subdivision/plat.
b.All approved ordinance amendments and subdivisions/plats, and final decisions
approving variances or conditional uses under local shoreland management controls
must be sent to the commissioner or the commissioner’s designated representative and
postmarked within ten days of final action. When a variance is approved after the
Department of Natural Resources has formally recommended denial in the hearing
record, the notification of the approved variance shall also include the summary of the
public record/testimony and the findings of facts and conclusions which supported the
issuance of the variance.
c.Any request to change the shoreland management classification of public waters
must be sent to the commissioner or the commissioner’s designated representative for
approval, and must include a resolution and supporting data as required by Minnesota
Rules, part 6120.3000, subp.4.
d.Any request to reduce the boundaries of shorelands of public waters must be sent to
the commissioner or the commissioner’s designated representative for approval. The
boundaries of shorelands may be reduced when the shoreland of water bodies with
different classifications overlap. In these cases, the topographic divide between the
water bodies shall be used for adjusting the boundaries.
1.Required Notice to the Department of Natural Resources. The zoning administrator
shall send copies of notices of any public hearings to consider variances, plats,
ordinance amendments, PUDs or conditional uses under local shoreland management
controls to the commissioner of the department of natural resources or his designee at
least ten days prior to the hearings. In addition, a copy of the approved amendments,
plats, variances and conditional uses shall be sent to the commissioner or his designee
within ten days of the final decision.
5.Subsurface Sewage Treatment System Certificate of Compliance. A certificate of
compliance, consistent with Minnesota Rules Chapter 7082.0700 Subp. 3, is required
whenever a permit or variance of any type is required for any improvement on or use of the
property. A sewage treatment system shall be considered compliant if the only deficienct is
the system’s improper setback from the ordinary high water level.
SECTION 3. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 4. Adoption Date. This Ordinance 08-___ was adopted on this ______ day of ___
2016, by a vote of ___ Ayes and ___ Nays.
Commented [EB36]: I added this but also added subsurface
sewage treatment system to the language, as I wanted to clarify for
the reader that may not know the MN rules that the certificate of
compliance was in regards to SSTS, not just any permit or variance.
18
LAKE ELMO CITY COUNCIL
________________________________
Mike Pearson, Mayor
ATTEST:
________________________________
Julie Johnson, City Clerk
This Ordinance 08-____ was published on the ____ day of ___________________, 2016.
19
From:John P. Hanson
To:Emily Becker
Subject:RE: Shoreland Classification Table Question
Date:Monday, August 01, 2016 5:12:05 PM
Attachments:image002.png
Hi Emily,
I so sorry for not responding sooner.
I think it’s really the City’s call on whether to include these in the Shoreline Ordinance. Whether they’re in or out, developments would still need to
conform to the Valley Branch Watershed District’s buffer and minimum floor elevations standards. Of the four in the first table:
•Margaret: It’s entirely within Lake Elmo Park Preserve and the nearest undeveloped land to the south is 0.4 miles away so I don’t think whether it’s
in or out makes a difference.
•82031300 is Goetschel Pond. I think all of the adjacent land is developed or in permanent open space. Goetschel Pond has a high flood level so
that would also require a decent setback. So, again, I don’t think it would make a significant difference if it’s in or out.
•82041700 is within Tartan Park/The Royal Golf Club at Lake Elmo. This one of the four might deserve the most discussion by the City as it could
affect the surrounding development. It’s part of a somewhat natural greenway connection between Horseshoe Lake and Lake Elmo, which is part of
a larger somewhat connected greenway from the St. Croix, up Afton along Valley Creek, up Raleigh Creek and Sunfish Lake to the Tri-Lakes and Long
Lake and eventually to White Bear Lake.
•82048400: The land to the SE is undeveloped so I think whether it’s in our out could affect development. To be consistent with the existing
developments (Hamlet at Sunfish Lake and Sunfish Pond) around the wetland, the City might want to keep it the Shoreline ordinance, but perhaps
other rules and regulations would limit development close to the wetland.
John
John P. Hanson, PE,ENVSP
Valley Branch Watershed District Engineer
Barr Engineering Co. | 4300 MarketPointe Drive | Bloomington, MN 55435
office: 952.832.2622 | cell: 612.590.1785
JHanson@barr.com |www.barr.com |www.vbwd.org
From: Emily Becker [mailto:EBecker@lakeelmo.org]
Sent: Monday, August 01, 2016 11:35 AM
To: John P. Hanson <JHanson@barr.com>
Subject: RE: Shoreland Classification Table Question
Hi John,
Sorry to bother you about this, but we are getting inquiries again about if these bodies of water or okay to remove from the revised Shoreland Ordinance. I
don’t want to remove these if they are bodies of water that should remain in the ordinance. Please let me know when you are able.
Emily Becker
City Planner
City of Lake Elmo
651-747-3912
ebecker@lakeelmo.org
From: Emily Becker
Sent: Tuesday, July 19, 2016 11:58 AM
To: 'John P. Hanson' <JHanson@barr.com>
Subject: RE: Shoreland Classification Table Question
Hi John,
I just wanted to see if you had a chance to review this to see if there are issues with removing any of these bodies of water from our shoreland ordinance?
Please let me know. Thank you!
Emily Becker
City Planner
City of Lake Elmo
651-747-3912
ebecker@lakeelmo.org
From:Sorensen, Jenifer (DNR)
To:Emily Becker
Cc:Stephen Wensman
Subject:RE: Shoreland Classification Table Question
Date:Wednesday, June 29, 2016 1:10:09 PM
Emily –
I’ve made some notes below (in purple).
Let me know if you need additional information to answer the inquiry that you received regarding removing public waters from regulation under the City’s
shoreland ordinance. There are four public waters that are in the City’s current shoreland ordinance that are not required by DNR to be regulated under
the shoreland program. Cities can always include additional public waters in their shoreland ordinance. I’d encourage you to look for any correspondence
in your files that would explain why these four public waters were added to the ordinance.
Jen
Jenifer Sorensen, PE, PhD – East Metro Area Hydrologist (Ramsey and Washington Counties)
MN DNR, Division of Ecological and Water Resources | 1200 Warner Rd | St Paul, MN 55106
(651) 259-5754 | jenifer.sorensen@state.mn.us
From: Emily Becker [mailto:EBecker@lakeelmo.org]
Sent: Wednesday, June 29, 2016 9:48 AM
To: Sorensen, Jenifer (DNR)
Cc: Stephen Wensman
Subject: Shoreland Classification Table Question
Hi Jen,
It appears on the DNR website that there is a discrepancy between the Lake Shoreland Classifications List By County and our Shoreland Classification
System. Namely, the following 8 lakes or rivers are included on Lake Elmo’s Shoreland Ordinance shoreland classification table that are not included on the
DNR Website’s Lake Shoreland Classifications List by County table:
DNR ID # Name Location
Ordinary
High Water
Level Class
150 FTa
Riparian
Dedication
Required
Can this
Public Water
be Removed
from City
Shoreland
Ordinance?
82041900 Margaret
Sec 26,
T29, R21 - NE No
Yes You’re correct that this waterbody does not have a DNR
shoreland classification. This waterbody is not required to
be included in the City shoreland ordinance. This
waterbody wasn’t listed in the City’s 1997 ordinance (last
version approved by DNR) and I don’t have any
correspondence with the City as to why this waterbody
was included in the shoreland ordinance. If removed,
waterbody and surrounding property will still be within
1000’ shoreland district of Eagle Point Lake (82010900) or
HJ Brown Pond (82011100). Lots around the waterbody
are within shoreland district but riparian lots wouldn’t
have to meet shoreland setback standards.
N/A
Use this
DNR ID:
82016a
Raleigh
Creek North
(to Eagle
Point Lake)
Sec 16, 21
& 22, T29,
R21 - T No
No All public watercourses have a shoreland classification
(however, there isn’t a table on DNR’s website telling the
shoreland classifications of each watercourse). This
watercourse segment is classified as tributary. All public
watercourses have a 300’ shoreland district on each side
of the watercourse. This watercourse should be in the
shoreland ordinance.
N/A
Use this
DNR ID:
82016a
Raleigh
Creek South
(Eagle Point
Lake to Lake
Elmo)
Sec 22, 23
& 227,
T29, R21 - T No
No All public watercourses have a shoreland classification
(however, there isn’t a table on DNR’s website telling the
shoreland classifications of each watercourse). This
watercourse segment is classified as tributary. All public
watercourses have a 300’ shoreland district on each side
of the watercourse. This watercourse should be in the
shoreland ordinance.
82031300 Unnamed
Sec 12,
T29, R21 - NE No
Yes You’re correct that this waterbody does not have a DNR
shoreland classification. This waterbody is not required to
be included in the City shoreland ordinance and I don’t
have any correspondence with the City as to why this
waterbody was included in the shoreland ordinance. This
waterbody wasn’t listed in the City’s 1997 ordinance (last
version approved by DNR).
82041700 Unnamed
Sec 25,
T29, R21 - NE No
Yes You’re correct that this waterbody does not have a DNR
shoreland classification. This waterbody is not required to
be included in the City shoreland ordinance and I don’t
have any correspondence with the City as to why this
waterbody was included in the shoreland ordinance. This
waterbody wasn’t listed in the City’s 1997 ordinance (last
version approved by DNR).
Yes You’re correct that this waterbody does not have a DNR
shoreland classification. This waterbody is not required to
82048400 Unnamed
Sec 11,
T29, R21 - NE No
be included in the City shoreland ordinance and I don’t
have any correspondence with the City as to why this
waterbody was included in the shoreland ordinance. This
waterbody wasn’t listed in the City’s 1997 ordinance (last
version approved by DNR).
N/A
Use this
DNR ID:
82019a
Unnamed to
Wilmes Lake
Sec 33,
T29, R21 - T No
No All public watercourses have a shoreland classification
(however, there isn’t a table on DNR’s website telling the
shoreland classifications of each watercourse). This
watercourse segment is classified as tributary. All public
watercourses have a 300’ shoreland district on each side
of the watercourse. This watercourse should be in the
shoreland ordinance.
N/A
Use this
DNR ID:
82016a
Unnamed
Tributary
Sec 25,
T29, R21 - T No
No All public watercourses have a shoreland classification
(however, there isn’t a table on DNR’s website telling the
shoreland classifications of each watercourse). This
watercourse segment is classified as tributary. All public
watercourses have a 300’ shoreland district on each side
of the watercourse. This watercourse should be in the
shoreland ordinance. Part of this watercourse is in a pipe
(on Royal Golf Course).
Also, 82011602 is not listed on the DNR’s table (listed twice is 82011601 on the DNR’s table, but this could have been a typo)
82011602
Armstrong
(south of
CSAH 10)
Sec 28,
T29, R21 1019.3 NE No
This waterbody shouldn’t be in Lake Elmo’s shoreland ordinance since it’s
outside of the City limits. Thanks for noting the correction that needs to
be made to DNR’s shoreland classification table. 82011601 should be in
the City’s shoreland ordinance (Armstrong North).
Bershen’s Pond (ID 82010500), however, IS listed on the DNR website’s list, but is not on our table.
You’re correct, 82010500 has a Natural Environment shoreland classification. This waterbody should be included in the City’s shoreland ordinance. It
was in the City’s 1997 ordinance; I don’t have any correspondence with the City on why it was removed from the shoreland ordinance. Please add this
waterbody to the City’s shoreland ordinance.
Please advise if these lakes and rivers are to remain on our classification table, or if this classification system has been updated and the above lakes or
rivers can be removed from our Ordinance’s classification table. We have had a request to have them removed, so will need a response to give.
Emily Becker
City Planner
City of Lake Elmo
651-747-3912
ebecker@lakeelmo.org
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2017-012
RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-166 BY TITLE
AND SUMMARY
WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No.
08-166, an ordinance to amend Section 154.800: Shoreland Management Overlay District, of the
City Code; and
WHEREAS, the ordinance is lengthy; and
WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the City Council believes that the following summary would clearly inform
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake
Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-166 to be
published in the official newspaper in lieu of the entire ordinance:
Public Notice
The City Council of the City of Lake Elmo has adopted Ordinance No. 08-166, which amends the
Section 154.800: Shoreland Management Overlay District, of the Zoning Code, bringing it in to
compliance with Minnesota Rules Part 6120.2800, by amending the following:
•The Shoreland Classifications Table is modified.
o The following waterbodies are removed: Minnesota Department of Natural Resources
(MNDNR) ID#s 82041900, 82041700, 82048400.
o MNDNR ID# 82010500 (Berschen’s Pond) is added.
•Forest land conversion is added as a conditional use, and standards for this use are set forth.
•Changes were made to the Shoreland Standards Table 17-3, including increasing certain
minimum lot width, lot size, and structure setback standards; adding standards for lots
containing triplexes and quads; adding minimum lot width standards for unsewered riparian
lots and nonriparian sewered and unsewered lots; and maximum structure height.
•Standards for lots intended as controlled accesses to public waters or as recreation areas for
use by owners of nonriparian lots within subdivisions were added.
•Restrictions on roads, driveways and parking area, as well as steep slopes, were added.
•Additional standards for Planned Unit Developments (PUDs) within the shoreland were
added.
•The non-conformities section was revised to reference State Statutes, Section 462.357, Subd.
1e.
•Standards for surface water-oriented uses were added.
•Administration subdivision was updated to align with Minnesota Rules.
The full text of Ordinance No. 08-166 is available for inspection at Lake Elmo city hall
during regular business hours.
BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the
City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full
copy of the ordinance be placed in a public location within the City.
Dated: February 7, 2017.
___________________________________
Mayor Mike Pearson
ATTEST:
____________________________________
Julie Johnson, City Clerk
(SEAL)
The motion for the adoption of the foregoing resolution was duly seconded by member
_________________________ and upon vote being taken thereon, the following voted in favor
thereof:____________________________________and the following voted against
same:________________________________________
Whereupon said resolution was declared duly passed and adopted.
12
Lake Elmo Planning Commission Minutes; 1‐9‐17
M/S/P: Williams/Dodson, motion to change Item (O) (3) connectivity on page 14 to read
“Trails, walkways and paths must make planned connections to planned external trails
and walkways and paths within the community, Vote: 5‐0, motion carried unanimously.
M/S/P: Dodson/, motion to delete Item (O) (4) on page 14 regarding street design,
Vote: 5‐0, motion carried unanimously.
M/S/P: Dodson/, motion to delete Item (O) (4) on page 14 regarding street design,
Vote: 5‐0, motion carried unanimously.
M/S/P: Williams/Dodson, move to require that the restaurant and drinking
establishments must be in the same structure as the clubhouse and golf shop, Vote: 5‐0,
motion carried unanimously.
M/S/P: Dodson/Williams, move to require the clubhouse follow the city’s commercial
design guidelines and standards manual for Lake Elmo, Vote: 5‐0, motion carried
unanimously.
Williams is not in favor of including the semi‐transient accommodations without further
definition. Kreimer stated that he doesn’t feel that they need to do that now.
Wensman stated that this would be the time to include it and get the definition set,
otherwise they will need to do a zoning text amendment in the future. Handt suggested
that they could table this to the next meeting which would give staff time to draft the
standards.
There was discussion regarding the 9000 square feet minimum lot size and how that
number was arrived at.
M/S/P: Williams/Kreimer, move to table the addition of a Golf Course Community
Zoning District to the Zoning Code until standards are received for the semi‐transient
accommodations, Vote: 5‐0, motion carried unanimously.
Public Hearing – Zoning Text Amendment amending the City’s Shoreland Management
Overlay District
Becker started the presentation with some history regarding the Shoreland Ordinance.
In 2014, a Shoreland ordinance was drafted that was modeled after Woodbury’s. It was
submitted to the DNR, but the DNR did not approve it. In 2016, staff started working to
make amendments to submit to the DNR. Definitions were removed, 4 water bodies
were removed, Berschen’s Pond was added, and the language for water oriented
accessory structures was kept. The DNR suggested that the City include a Forest Land
Conversion as a conditional use with standards. They also suggested deleting the
riparian dedication, changed the setbacks and impervious standards. Standards are
13
Lake Elmo Planning Commission Minutes; 1‐9‐17
addressed for lots intended as controlled access to public waters, restrictions on roads,
driveways and parking areas and subdivision standards. There is a nonconformities
section and a more detailed list for the planned unit development section. The
proposed ordinance for a PUD maps out what the open space can and cannot be.
There were 2 public comments received. One comment was asking for an increase to
setbacks for sewered development on Natural Environment Lakes from 100 ft. to 150 ft.
The second comment is requesting that Goetschel pond not be removed.
Dodson asked if community septic is considered sewered or unsewered. Becker stated
that by City standards it would be considered unsewered. The DNR might have a
different standard.
Dodson stated that the proposal states that when municipal sewer is not available, a
community septic is required. Is there a minimum number of lots for that? Becker
stated that by City PUD standards, a minimum of 5 acres is required and they would
have to adhere to the minimum base standards of the district.
Williams would like the wording regarding the requirement for 50% open space more
clear to say only in the shoreland area vs. the total project area.
Public Hearing opened at 11:39 pm
Ann Bucheck, 2301 Legion Ave, she is wondering how much of the shoreland area has to
be open space. Becker stated that they spoke to the DNR and they stated that it does
not mean the open space needs to be in the shoreland area and that it can transfer to
anywhere in the project area. She is wondering if it is requiring city sewer. Becker
stated that with a PUD, when city sewer is not available, a community septic is allowed.
Terry Emerson, 2204 Legion Lane Circle N, went through a few of the water bodies on
the list and a number of them would not meet the ordinance. He thinks there will be a
lot of issues with the current homes on the lakes that do not meet the code and are
going to be coming in for variances. He feels that changing the building setback from
100 to 150 feet is a little excessive as compared to the lakes that are already developed.
Public Hearing closed at 11:56 pm
M/S/P: Williams/Kreimer, move to recommend keeping Goetschel Pond in the
Shoreland classification table, Vote: 5‐0, motion carried unanimously.
M/S/P: Williams/Kreimer, move to recommend clarifying the open space requirements
for PUD: open space must constitute at least 50% of the total project area within the
Shoreland, Vote: 5‐0, motion carried unanimously.
14
Lake Elmo Planning Commission Minutes; 1‐9‐17
M/S/P: Williams/Kreimer, move to recommend approval of Ord. 08‐ . amending section
154.800: Shoreland Management Overlay District of the Zoning Code, Vote: 5‐0, motion
carried unanimously.
City Council Updates – December 20, 2016 Meeting
i)Boulder Ponds 2nd addition Final Plat and PUD extension – passed.
ii)Village Area AUAR – passed.
iii)Diedrich Property zoning map amendment – passed.
iv)Comprehensive Plan to meet population targets and growth plans –
forwarded to Planning Commission.
v)Moratorium ordinance – repealed.
vi)Low impact development standards – referred to Planning Commission.
vii)Noise Ordinance – failed.
City Council Updates – January 3, 2017 Meeting
i)Hammes Estates 2nd Addition Final Plat – passed.
ii)Planning Commission appointments of Gary Fields and Dale Dorschner.
1.Upcoming Meetings
a.January 23, 2017
b.February 13, 2017
Commission Concerns
Meeting adjourned at 12:30 pm
Respectfully submitted,
Joan Ziertman
Planning Program Assistant
1
Emily Becker
From:Sorensen, Jenifer (DNR) <jenifer.sorensen@state.mn.us>
Sent:Tuesday, January 10, 2017 5:33 PM
To:Emily Becker
Cc:Petrik, Daniel (DNR); Stephen Wensman
Subject:RE: Clarifying Sewered/Unsewered Standards
Emily –
MN Rules 6120.3800 Subpart B (2) (a) state that residential PUDs must be connected to publically owned water supply
and sewer system, if available. Long term funding and maintenance of a public sewer system is anticipated
(governments stay in existence for a long time). With a community septic system, there is that same need to have long
term funding and maintenance of the system in place. As long as the City takes measures to make sure that a
community septic system is funded and maintained, and as long as the system meets MPCA standards, DNR could
consider the use of a community septic system in a residential PUD as meeting the shoreland rule requirements. For
example, the City should require, as part of the approval of a community septic system, documentation that an annual
escrow fund is set up and will be managed to provide funds for long term maintenance and replacement of the system.
Regarding Whistling Valley: DNR does not have documentation that DNR reviewed and approved the Whistling Valley
shoreland residential PUD, and we don’t’ have documentation that DNR approved that lots within the development be
considered sewered because they utilize a community septic system. Do you have documentation stating this? If so,
please send me a copy. It may be that people assume that it was approved by DNR because the development went
forward.
What came out of the 1/9/17 public hearing on the shoreland ordinance? Were there other questions? I’m curious as to
how you think the ordinance will be received by City Council on 2/7/17.
Thanks –
Jen
Jenifer Sorensen
East Metro Area Hydrologist (Ramsey and Washington Counties)
Division of Ecological and Water Resources
Minnesota Department of Natural Resources
1200 Warner Road
St Paul, MN 55106
Phone: 651‐259‐5754
Email: jenifer.sorensen@state.mn.us
From: Emily Becker [mailto:EBecker@lakeelmo.org]
Sent: Tuesday, January 10, 2017 12:39 PM
To: Sorensen, Jenifer (DNR) <jenifer.sorensen@state.mn.us>
Cc: Petrik, Daniel (DNR) <Daniel.Petrik@state.mn.us>
Subject: Clarifying Sewered/Unsewered Standards
Jen and Dan,
82048400 (removed)
82041700 (removed)
82041900 (removed)
82010500 Berschen’s Pond
(added)
From:Stephen Wensman
To:Emily Becker
Subject:FW: Retain Lake Goetschel (82031300) in the City of Lake Elmo"s Shoreline ordinance
Date:Monday, January 09, 2017 1:52:07 PM
Stephen Wensman
Planning Director
City of Lake Elmo
651-747-3911
From: John Hodler [mailto:johnhodler@gmail.com]
Sent: Monday, January 09, 2017 1:24 PM
To: Stephen Wensman <SWensman@lakeelmo.org>
Cc: Larson, Rolf <hhalver@gmail.com>
Subject: Retain Lake Goetschel (82031300) in the City of Lake Elmo's Shoreline ordinance
City of Lake Elmo Planning Commission:
On behalf of the Fields of St Croix Community Association (FoSC), I request that the City of
Lake Elmo continue to cover Lake Goetschel under its Shoreline Ordinance.
First, in the past few years Goetschel has increased in size to ten acres. Therefore, it is now a
lake instead of a pond per the Metro area's definition of a lake.
Second, in the past two years, the City of Lake Elmo approved using Lake Goetschel as a
storm water overflow basin for the GWSA Land Development LLC and Robert Engstrom
Companies developments located in the watershed immediately to the west of the Fields of
Saint Croix. The impact of storm water flowing into Lake Goetschel from these new
developments is yet to be determined and is of concern since the lake's outlet exceeds the 100
year flood elevation. As a result, Lake Goetschel is more vulnerable to development both
within and outside its current watershed.
Fortunately, Lake Goetschel's shoreline and immediate watershed area are protected by the
Minnesota Land Trust. Ownership of the lake's shoreline is shared by FoSC, Tana Ridge
Community Association and Robert Engstrom Companies. Presently, there are no plans for
development on its shoreline. However, recent experience demonstrates that developers can
obtain approval for developments in areas that were previously off limits.
Therefore, please retain Lake Goetschel as one of the water bodies covered by the City of
Lake Elmo Shoreline Ordinance.
Respectfully,
John Hodler
John Hodler, Board president, Fields of St Croix Community Assoc.
(c) 651 343 4638
johnhodler@gmail.com