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Home My WebLink AboutPZ Agenda Packet; 4-14-14 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3900 www.lakeelmo.org NOTICE OF MEETING The City of Lake Elmo Planning Commission will conduct a meeting on Monday, April 14, 2014 at 7:00 p.m. AGENDA 1. Pledge of Allegiance 2. Approve Agenda 3. Approve Minutes a. March 24, 2014 4. Public Hearing ZONING TEXT AMENDMENT - COMMERCIAL WEDDING VENUE ORDINANCE – The Planning Commission will hold a public hearing on a draft ordinance for Commercial Wedding Venues. 5. Business Items a. WILDFLOWER AT LAKE ELMO SKETCH PLAN – The Planning commission is asked to review a proposed sketch plan for a 143 unit single family residential development located in the northern portion of the Village Planning Area. b. ZONING TEXT AMENDMENT - ANIMAL THERAPY ORDINANCE – The Planning Commission is asked to review a draft of the Animal Therapy Ordinance in advance of a future public hearing. c. ZONING TEXT AMENDMENT - SHORELAND ORDINANCE UPDATE – The Planning Commission is asked to review a draft ordinance that would update the City’s Shoreland Management Ordinance. The proposed ordinance would add the recently adopted urban development districts to the City’s shoreland regulations and update other sections of this code. 6. Updates a. City Council Updates – April 1, 2014 meeting: i. Condition Use Permit for 901 Lake Elmo Avenue for family means passed. ii. Site Plan Review Ordinance passed. iii. Horning lot size Variance passed. iv. Launch properties CUP Concept Plan and Zoning Map Amendment passed. 2 b. Staff Updates i. Development net density discussion. Staff will discuss the methodology used to determine gross and net densities for development projects. ii. Upcoming Meetings: • April 28, 2014 • May 12, 2014 c. Commission Concerns 7. Adjourn City of Lake Elmo Planning Commission Meeting Minutes of March 10, 2014 Chairman Williams called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Williams, Yocum, Dodson, Haggard, Dorschner, Kreimer, Larson and Lundgren; COMMISSIONERS ABSENT: Morreale; STAFF PRESENT: Community Development Director Klatt and City Planner Johnson. Approve Agenda: The agenda was accepted as presented. Approve Minutes: February 24, 2014 Chairman Williams noted that he did not abstain from voting regarding the February 10th minutes, he did not vote on the minutes because he was not in attendance at the previous meeting. M/S/P: Kreimer/Lundgren, move to approve the minutes as amended, Vote: 7-0, motion carried unanimously. Public Hearing: Zoning Text Amendment – Accessory Building Ordinance Johnson reviewed various revisions to the draft Accessory Building Ordinance, made as a result of the last meeting. He noted that the draft was revised to allow for additional accessory building square footage through a Conditional Use Permit process. He also stated that Staff is still researching the potential impacts of the 60/40 house to garage ratio in urban residential and mixed-use districts. Williams questioned why garages are encouraged to be side or rear loaded when this would be difficult to accomplish with smaller lots. Johnson stated that this was intended to communicate the City’s design preference at the time, but that it would not be something that could be enforced. The Commission generally discussed the implications of the existing language concerning garages. Williams suggested revising this provision so that the garage could be set back from the primary façade or be side or rear loaded. Lake Elmo Planning Commission Minutes; 3-10-14 2 Klatt noted that the City Engineer also provided input to ensure that vehicles parked on driveways would not interfere or encroach onto sidewalks. Yocum questioned whether or not Lennar had given the City any feedback on this provision. Johnson noted that Lennar was more concerned about the lot width and side yard setbacks. Klatt noted that the code was intended to prohibit “snout houses” so that garages were not the dominant feature of the landscape. M/S/P: Williams/Larson, move to add language to 154.456.B.1.a and b to state “unless the garage is side loaded”. Dorschner stated that the City is not gaining much by adopting this language. Larson commented that the best examples of side-loaded garages occur on curved streets. Vote: 6-1, motion carried, with Dorschner voting no. Dodson noted that the same provision should be applied to the VMX district. Williams noted that they should not have taken any action until after the public hearing. Williams asked if the City allows accessory apartments or secondary swellings in accessory buildings. Johnson replied that the City Code allows for secondary dwellings as a conditional use. Williams questioned the language concerning accessory building height compared to the principal building. Klatt stated that the intent of this provision was to restrict the height of the accessory building to either 22 feet or no higher than the principal building. Public Hearing opened at 7:30pm. Dave Gonyea, Gonyea Company, asked whether or not the code would require garages to be side or rear loaded. Williams stated that the code language encourages, but does not require this. Gonyea stated that front loaded garages are often required on a smaller lots. Staff noted that there were not written comments submitted for the public record. Public Hearing closed at 7:34pm. Lake Elmo Planning Commission Minutes; 3-10-14 3 MSP: Williams/Dodson, move to add similar language regarding side loaded garages within the VMX district (see above), Vote: 6-1, motion carried, with Dorschner voting no. There was a general discussion concerning the provision that requires a detached accessory building to be 22 feet in height or no higher than the principle building, whichever is higher. M/S/P: Dodson/Williams, move to strike “whichever is higher” in 154.08 C2 and 154.4563c.2, Vote: 6-1, motion carried, with Dorschner voting no. Dorschner stated that he feels that 22’ in height is an adequate standard regardless of the height of the principal structure. M/S/P: Dodson/Dorschner, move to recommend approval of the accessory building ordinance as amended, Vote: 7-0, motion carried unanimously. Business Item: Schiltgen Farms Parcel B Sketch Plan Johnson reviewed a sketch plan that has been submitted by Gonyea Homes for a proposed residential development in the northern portion of the Village Planning Area consisting of 101 single family sewered homes on approximately 40 acres of land presently owned by Pete Schiltgen. He noted that the project includes a portion of Lake Elmo Avenue, which will need to be platted as road right-of-way as part of the subdivision. Johnson reviewed staff comments concerning the plan: access and access spacing on Lake Elmo Avenue; park dedication, trails and landscaping/buffering along CSAH 17. Haggard asked if roads taken out of the calculation when calculating net density. Johnson noted that different cities define net density differently. However, generally roads are not counted towards the area in a net density calculation. Staff is working on this definition to make sure that it is consistently applied throughout the City. Lundgren asked if there is any plan to do construction on Lake Elmo Avenue. Johnson noted that no construction is currently planned in the County CIP north of Trunk Highway 5. Williams noted that there would be improvements required as part of the proposed subdivision such as a turn lane on Lake Elmo Avenue. Johnson sated that Staff is asking that the developer provide a trail along Lake Elmo Avenue. Kreimer asked if the trail would continue north. Johnson said that extending the trail north makes sense if the northern parcel is developed as a nature preserve. Lake Elmo Planning Commission Minutes; 3-10-14 4 Dodson questioned why 39th street could not extend across Lake Elmo Avenue and serve that parcel. Johnson stated that it would in the future and would provide secondary access to the future residential neighborhood west of CSAH 17. Williams expressed concern that the proposed subdivision represents a typical suburban layout and not a traditional grid pattern that would be expected as part of the Village Land Use Plan. Johnson replied that the gridded street pattern can be challenging because of constraints of the property such as access management required by the County. The gridded street pattern also does increase the amount of infrastructure and impervious surface. Nevertheless, the land use plan calls for greater connectivity. Klatt provided comments concerning gridded and traditional neighborhood design. Klatt stated that there needs to be some flexibility in the plans while still meeting the intent of the Comp Plan. Staff would like to see connectivity through sidewalks and trails. Williams stated that he feels that the Land Use Plan encourages more uniformity between neighborhoods. Haggard asked how the housing would be consistent with the Old Village character. She shared her concern that it will not be consistent. Johnson discussed general market trends of housing and its application to this site. Alley loaded homes are not in demand right now. The City needs to be careful about over programing these developments where the market won’t support them. Larson shared some comments concerning park and lack of play areas for children within the development. Johnson noted that the applicant is not opposed to looking at a neighborhood park, but has been focusing on expansion of Reid Park. The City is currently looking at joint powers agreements with the school district for parks at Lake Elmo Elementary and Oakland Junior High. Klatt stated that the property to the North is guided for open space in the Comprehensive Plan and they are looking to put in a Nature Preserve with bees and butterflies and natural plantings. Haggard stated that she would like to see better access to parks. Yocum stated that she would like to see a smaller park for neighborhood kids. Williams asked if the northern portion that is covered by trees buildable. Johnson stated that it is not, and the area was not included in net density calculations. Dodson would like to see a trail connection with the Cul-de-sacs for a more walkable neighborhood. Dave Gonyea noted that they are not opposed to putting in a small park and are looking for feedback from the Park Commission. Williams suggested putting in a shared park with adjoining property owner to the east. Lake Elmo Planning Commission Minutes; 3-10-14 5 Williams questioned the objectives of the builder and stated that it is not the objective to have a series of monumented developments that feel separate from the Village. Gonyea commented that the proposed layout does create more connectivity and provides for a different feel to the neighborhood. In his opinion, it is much more walkable neighborhood than if it was in a grid pattern. Williams stated that he would like to see additional roads that connect to adjacent development and would recommend that one of the cul-de-sac roads go through the development to the east. Gonyea stated that they would consider the road connection, and that it may not significantly alter project. Haggard asked how the proposed is consistent with the existing Old Village. Gonyea stated that they are trying to make as consistent as possible by making it walkable, providing connections to school and other points of interest, adding trees and fencing and other elements to the plan. Johnson stated that the County’s likely request to move the access further north will have some implications on how the streets flow through the development. Kreimer asked what the typical lot width is for Gonyea. Gonyea stated that is between 80 – 95 feet in width for custom lots and they have gone down to 65-70 foot in some instances. They generally build larger homes. Kreimer asked if Gonyea is planning on working with different builders. Gonyea stated that on a project like this they will probably bring in 5-6 different builders with different home plans. Dodson asked if the 65’ wide lots will be starter homes. Gonyea stated will be in the 400k to 550k range. Williams noted that drainage on the property slopes northwest to southeast. Pete Schiltgen commented that storm water flows more to the east and then south. Gonyea stated that there was a wetland delineation done for the site. Dorschner would like to see connectivity to the east. Feels that if we can get connectivity to flow towards the downtown that would be the goal. Kreimer also want to see better walkability. Would like to see trails through cul-de-sac in cases where streets do not extend through. Would like to see a park in the development and a trail along Lake Elmo Avenue. Johnson asked the Planning Commission to clarify expectations and direction. Lake Elmo Planning Commission Minutes; 3-10-14 6 Williams suggested the Commission come up with street alternatives: Street alignment alternatives 1) As presented 2) Trail from middle cul-de-sac the North/South street to the east 3) Connected road through to the east (extending cul-de-sac to neighboring property) Yocum suggested looking at Interlochen parkway in Woodbury as an example. Dorschner state that he would rather see trail connection if Lake Elmo access needs to move further to the north, otherwise it may generate too much through traffic. Dodson not as concerned with curvilinear pattern. There was a general consensus to make road connectivity a priority, and to otherwise provide trail connections where direct road access would not be possible. Business Item: Outdoor Wedding Venue Ordinance Klatt started his presentation by reviewing the draft ordinance of the Outdoor Wedding Venue Ordinance that was discussed at the last meeting. Klatt presented the specific standards in order to allow the accessory use of weddings to proceed. The specific performance standards include food, alcohol, noise, lighting, and other standards that are intended to mitigate potential nuisance. Klatt noted that the use would be processed under the interim use permit process. Related to potential nuisance, Klatt noted that amplification of noise would only be allowed during the wedding ceremony, not during the reception. Dodson asked if other types of events would be allowed, such as anniversaries, graduation parties, bar mitzvahs, etc. He asked why the events have to be restricted to religious events. Dodson noted that it may be a slippery slope allowing only certain types of events, but not others. The Planning Commission noted that not all weddings are religious events. Dodson noted that to allow some type of use on agricultural sites, he would like to expand the types of uses that occur. Larson asked about the timeframe of when the events would be allowed. Klatt noted it is May through October. Larson also asked if it would be appropriate to require notification of adjacent properties. Klatt noted that notice is sent out to all properties within 350 feet for a public hearing at the Planning Commission. In addition, the interim use permit allows for the City to review the permit when it expires. Lake Elmo Planning Commission Minutes; 3-10-14 7 Williams noted that he is in agreement with Dodson in that there may be other events that should be allowed in addition to weddings. Haggard noted her concern about the level of noise with other events. She added that enforcement of the City’s noise ordinance is difficult. Kreimer noted that he supports limiting the activity to weddings, as well as limiting the number of activities per week. Kreimer noted that he would be interested in the thoughts of the City Council so that the Planning Commission does not invest too much time before learning their perspective. Klatt noted that the frequency restriction of limiting the number of events per week could be added back into the ordinance. Dorschner suggested limiting the number events per year, such as 10 events. Williams suggested restricting the number of hours per day as well to minimize the impact. Williams asked the Commission if everyone is in agreement that there should be some allowance for these special events. Everyone agreed that there should be some allowance. Williams noted that some more thought into mitigating potential nuisance, particularly hours and frequency of operation, noise and the provision of alcohol. Williams asked about State Statutes with regard to serving alcohol from grapes grown on-site. Klatt noted that Staff is doing additional research. Dodson noted his confusion between the various types of wines. Klatt noted that if alcohol is sold, a liquor license is required. There was a general discussion about alcohol. Staff will research this issue more. Williams noted that the Planning Commission would like some feedback from the City Council. Haggard asked about a number of provisions, including portable toilets, lighting, and signage. Williams suggested providing links to the other ordinances. Kreimer suggested being more specific with regards to having portable toilets. Klatt stated that the specifics would be spelled out as part of the IUP. Haggard asked how hard it is to revoke an interim use permit. Klatt noted that if the conditions of the interim use are violated, it can be revoked. Klatt explained that it depends on how the IUP agreement is written up, but it is not as difficult to revoke as a CUP. Haggard also asked about the number of cars allowed to park on the site. Klatt noted the interim use permit review process can address many of these concerns. Each permit will be written based on site conditions. Lake Elmo Planning Commission Minutes; 3-10-14 8 Dodson asked about security. Klatt stated that an applicant would need to provide contact information for any security that is required. Klatt asked if the Planning Commission would like to see a revised draft before a public hearing is scheduled. The Planning Commission confirmed that they would like to see a draft before setting up a public hearing. Updates and Concerns Council Updates 1. No updates from the previous City Council meeting 2. City Council is planning a joint workshop with the Planning Commission to discuss Thrive 2040 population forecasts – April or May. 3. The 3/11/14 City Council workshop is dedicated to downtown planning. They will be talking about a market study for downtown, business improvements, EDA and discussion of TIF and the County reconstruction of Lake Elmo Avenue. 4. The first open house for the Lake Elmo reconstruction project will take place 3/13/14 at Christ Lutheran Church from 4-7pm. This will be a good information gathering process for the City, VBWD, and Washington County. Staff Updates 1. Upcoming Meetings a. March 24, 2014 b. April 14, 2014 Commission Concerns - Williams suggested that the Planning Commission take another look and discuss the sketch plan for Easton Village after the Park Commission review. Klatt stated that it could be brought back at a future meeting, but to keep in mind that they could come in with the preliminary plat at any time. Kreimer thinks if it is more than a few tweaks it should come back. Larson stated that some of the changes were based on Planning Commission recommendations and the larger changes were based on the Park Commissions recommendation that there not be a park in the northwest corner. Dorschner is wondering if there has been any thought put into the need for schools with all of the upcoming development. Johnson stated that staff made a presentation to ISD 834 and they have the City’s projection for growth. They could possibly put a school down along the I94 corridor and that would accommodate new growth down there along with the kids that currently go to Lake Elmo Elementary from Woodbury. Lake Elmo Planning Commission Minutes; 3-10-14 9 Dorschner would like to see the schools integrated more into the neighborhood areas so that they would feel more like neighborhood schools and the kids could walk to them vs. in the more commercial areas. Yocum was wondering if they could get a map that shows all the developments and what currently surrounds them. Meeting adjourned at 10:20 pm Respectfully submitted, Joan Ziertman Planning Program Assistant Lake Elmo Planning Commission Minutes; 3-10-14 PLANNING COMMISSION DATE: 4/14/14 AGENDA ITEM: 4A – PUBLIC HEARING CASE # 2014-15 ITEM: Zoning Text Amendment – Commercial Wedding Venue Draft Ordinance SUBMITTED BY: Kyle Klatt, Community Development Director REVIEWED BY: Nick Johnson, City Planner SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked to conduct a public hearing on a proposed ordinance that would allow commercial wedding venues as an interim use permit on certain properties that are zoned A – Agriculture and RT – Rural Transitional Zoning. This ordinance has been drafted at the direction of the Planning Commission based on the discussion from its previous meetings. Staff is recommending that the Planning Commission review the draft ordinance and conduct a public hearing at this time. Staff is further recommending that the Planning Commission recommend approval of the ordinance as presented. REQUEST DETAILS The proposed ordinance would amend appropriate sections of the Zoning Ordinance to allow a new use called “commercial wedding venue” as an accessory use within the City’s use classification system. These types of activities would be allowed an as interim use in A and RT zoning districts. The draft ordinance includes a series of requirements for these types of uses, and covers a wide range of issues, including food handling, hours of operation, off-street parking requirements, setbacks, landscaping, screening, application requirements, lighting requirements, and other relevant information. The draft has been prepared using the City of Afton’s recent ordinance for similar events as a model, and also incorporating the proposed restrictions that were previously brought forward by a resident. The proposed ordinance is intended to allow for the continued use of private agricultural property in a manner that allows for a reasonable economic return for property owners that otherwise would be limited the use of their property. Commercial wedding venues would be considered accessory to permitted agricultural activities, and would only be allowed upon an application for an Interim Use Permit. The use restrictions drafted as part of the ordinance are intended to minimize any impacts to adjacent properties, taking into account the intensive agricultural activities that are otherwise permitted on these sites. Please note that Staff is still working on a definition for “wedding ceremony” and “wedding reception” that will provide further clarity for the use of these terms in the ordinance. Staff will present these proposed definitions at the meeting. Public Hearing – 4A 2 RECCOMENDATION: Staff is recommending that the Planning Commission recommend approval of the draft ordinance as presented and with the definitions for “wedding reception” and “wedding ceremony” as presented by the Planning Department. ATTACHMENTS: 1. Draft Commercial Wedding Venue Ordinance (4/14/14) ORDER OF BUSINESS: - Introduction ........................................................................................ Planning Staff - Report by Staff ................................................................................... Planning Staff - Questions from the Commission ............................ Chair & Commission Members - Open the Public Hearing .................................................................................. Chair - Close the Public Hearing .................................................................................. Chair - Discussion by the Commission .............................. Chair & Commission Members - Action by the Commission ..................................... Chair & Commission Members Public Hearing – 4A CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-_____ AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY ADDING PROVISOINS CONCERNING COMMERCIAL WEDDING VENUES AND ALLOWING SUCH USES AS AN INTERIM USE IN A AND RT ZONING DISTRICTS SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Title XV: Land Usage; Chapter 154: Zoning Code, is hereby amended by adding the following: §154.012 Zoning Use Types and Classifications B. Use Types and Classifications. 12. Accessory Uses Commercial Wedding Venue. A use involving a location to conduct wedding ceremonies, not including receptions, and operated with the intention of earning a profit by providing the venue to the public. SECTION 2. The City Council of the City of Lake Elmo hereby ordains that Title XV: Land Usage; Chapter 154: Zoning Code, is hereby amended by adding the following: §154.400 Permitted and Conditional Uses. Table 9-1 lists all permitted and conditional uses allowed in the rural districts. “P” indicates a permitted use, “C” a conditional use, and “I” an interim use. Uses not so indicated shall be considered prohibited. Cross-references listed in the table under “Standards” indicate the location within this Ordinance of specific development standards that apply to the listed use. Table 9-1: Permitted and Conditional Uses, Rural Districts RT A RR RS RE Standard Accessory Uses Commercial Wedding Venue I I - - - 155.111.C 1 SECTION 3. The City Council of the City of Lake Elmo hereby ordains that Title XV: Land Usage; Chapter 154: Zoning Code, is hereby amended by adding the following: § 154. 310 Standards for Accessory Uses D. Commercial Wedding Venue. A commercial wedding venue is allowed as an accessory use with an interim use permit in the A – Agriculture and RT – Rural Transitional on parcels greater than 10 acres size. The suitability of a parcel for a wedding venue shall be determined by the characteristics of the site and by the unique capacity of the parcel to accommodate the use while preserving the essential rural character of the neighborhood and the site on which the use is located, by the ability of the parcel to accommodate the use without negative impact on the general health, safety, and welfare of the community, and by other factors the City may deem appropriate for consideration. 1. Ownership. The property will be the primary residence of the venue operator(s). The operator must be on the premises for the duration of each event. 2. Maximum Number of Guests. The maximum numbers of guests is limited to 150 for each event. 3. Food Handling. Any on-site preparation of food or beverages must comply with all applicable federal, state, or local requirements. a. Kitchen Facilities. No commercial kitchen facility is allowed. b. Catering. Caterers must be properly licensed. 4. Serving of Alcohol. The serving of alcoholic beverages shall be limited to table, fortified, or sparkling wines. The serving of such beverages shall following proper City and State licensing requirements. a. Bartenders serving guests must be properly licensed. 5. Seasonal Operation. Events are limited to no more than twice per week and are permitted only during the months of May through October. 6. Hours of Operation. Events shall only be allowed between the hours of 10:00 a.m. and 10:00 p.m. All guests and staff must vacate the premises by 10:00 p.m. All lights associated with the event must be turned off by 10:00 p.m. 7. Overnight Accommodations. No overnight accommodations are allowed. 8. Off-Street Parking. Off-street parking shall be required in the ratio of one (1) parking space for each three attendees based on the maximum number of attendees planned for the site. The off-street parking area and the number of parking spaces shall be documented on the required site plan. 9. Setbacks. The minimum setbacks from neighboring houses and property lines for the various activities associated with the wedding venue shall be as follows: a. Parking: 100 feet from residential property lines; 200 feet from neighboring houses. b. Outdoor Activity Spaces: 300 feet from residential property lines; 400 feet from neighboring houses. c. Indoor Activity Spaces: 300 feet from residential property lines; 300 feet from neighboring houses. 10. Landscaping/Screening. Landscaping may be required to buffer the use from adjacent land uses and to provide screening when such screening does not presently exist on the site. A landscape plan shall be submitted at the time of application for an Interim Use Permit. 2 11. Grading. Any proposed grading shall observe all requirements of Section 151.017 of the City Code. If a grading plan is required, it shall be submitted in conjunction with an application for an Interim Use Permit. 12. Traffic. A transportation management plan shall be submitted as part of an application for an Interim Use Permit. The plan shall address traffic control, including traffic movement to the public street system and impact on the surrounding roadways. 13. Structures. All existing or proposed structures to be used for the wedding venue shall be inspected by the City’s Building Official and must meet applicable Building Code requirements. a. Temporary Structures. Temporary structures, including tents and canopies, may be allowed. Tents and canopies may be erected no more than two days prior to an event and must be removed no more than two days following the event. 14. Application. An application for a commercial wedding venue shall follow the application and review procedures for an Interim Use Permit as specified in Section 154.107. In addition to the submission requirements of Section 154.107, an application for a commercial wedding venue shall include the following information: a. The expected number of attendees per ceremony; b. The number of ceremonies per year; c. The number of employees; d. The hours of operation; e. Sanitary facilities; f. Lighting; g. Sound amplification to be used; h. Temporary structures or tents to be used in association with the planned events; i. Signage; j. Security to be provided; k. Location of all trash receptacles; l. Other documentation as specified herein; 15. Sanitary Facilities. Sanitary facilities adequate for the number of attendees shall be provided. Portable toilets may be approved for temporary use, and must be screened from view from roads and neighboring properties by landscaping or a wooden enclosure. No portable toilets shall be located closer than 400 feet from a neighboring residential structure. 16. Lighting. Lighting associated with the wedding venue shall be limited to downcast and shielded fixtures so that the source of the light is not visible from adjacent roads or neighboring properties. Lighting shall comply with Section 150.035 of the City Code. 17. Noise. All wedding venues shall comply with City’s noise standards found in Section 130.045 of the City Code. 18. Sound Amplification. Amplification of music and participants and is allowed only in conjunction with a wedding ceremony. There shall be no other amplification of music outside of the ceremony. 3 19. Waste. All solid waste must be stored in a manner that prevents the propagation, harborage, or attraction of flies, rodents, or other nuisance conditions and must be removed at least once every seven days by a licensed solid waste hauler. 20. Liability. The applicant shall secure adequate liability coverage, which shall be in place at least one week prior to any event. SECTION 4. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 5. Adoption Date. This Ordinance 08-_____ was adopted on this __________________ day of ___________ 2014, by a vote of ___ Ayes and ___ Nays. LAKE ELMO CITY COUNCIL ______________________________ Mike Pearson, Mayor ATTEST: _______________________________ Adam Bell, City Clerk This Ordinance 08-_____ was published on the ____ day of ___________________, 2014. 4 Planning Commission Date: 4/14/2014 Item: 5B Business Item ITEM: Animal Assisted Therapy Ordinance SUBMITTED BY: Adam Bell, City Clerk/Asst. City Administrator REVIEWED BY: Kyle Klatt, Community Development Director ______________________________________ SUMMARY AND ACTION REQUESTED: The City of Lake Elmo has is seeking input and feedback from the Planning Commission in regards to creating a new conditional use type known as Animal Assisted Therapy. BACKGROUND INFORMATION: City Staff is continually working with various residents to aide them in suitably utilizing their property to meet their goals while complying with City zoning regulations. A recent resident request for a use of property currently does not fit neatly within any defined use yet is not specifically prohibited. In the spirit of promoting the reasonable use of property, staff is proposing an ordinance amendment to add a conditional use type to clarify this type of activity as an allowed use subject to a permit. The proposed ordinance includes the following: • Animal Assisted Therapy (AAT) is defined as a use of land and associated structures for the delivery of therapy to improve human physical, social, emotional, and/or cognitive functioning, in which animals that meet specific criteria are an integral part of the treatment process. AAT is goal-directed and is delivered by a health/human service professional with specialized expertise. AAT may be provided in a group or individual setting. • A requirement for adequate insurance. • Appropriate licensing or qualifications by therapist providing the AAT. • Requires a description of the AAT program/services to be delivered including what animals will be used. • The city’s animal density standards will apply. • No other commercial business or activity will be allowed under the CUP. Staff has looked at other communities in the area that have AAT as an allowed use as a starting point for the ordinance language. Staff plans to bring this topic back to the Planning Commission to hold a Public Hearing and seek a formal recommendation to add the proposed ordinance language to the appropriate sections of the Zoning Code. RECCOMENDATION: No formal action is requested at this time. ATTACHMENTS: First Draft of AAT Ordinance ORDER OF BUSINESS: - Introduction ...................................................................................Planning Staff - Report by Staff ..............................................................................Planning Staff - Questions from the Commission ....................... Chair & Commission Members - Discussion by the Commission ......................... Chair & Commission Members BUSINESS ITEM 5B CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-0XX AN ORDINANCE AMENDING THE ZONING CODE TO INCLUDE ANIMAL ASSITED THERAPY AS ACONDITIONAL USE IN RURAL ZONING DISTRICTS SECTION 1: The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code, City Code Section 154.012 by adding the following language: Animal Therapy Facility: A facility that provides Animal Assisted Therapy on properties larger than five acres in size. Animal Assisted Therapy (AAT): A use of land and associated structures for the delivery of therapy to improve human physical, social, emotional, and/or cognitive functioning, in which animals that meet specific criteria are an integral part of the treatment process. AAT is goal- directed and is delivered by a health/human service professional with specialized expertise. AAT may be provided in a group or individual setting. SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code by adding the following language: Animal Assisted Therapy (AAT) may be permitted as a conditional use by action of the city council pursuant to subsections 154.012, 154.106 and 154.401 of the zoning ordinance, subject to the following additional conditions: (a) The applicant shall provide proof of insurance in an amount and with such coverage as the city attorney deems reasonable, and shall thereafter maintain such insurance. (b) The applicant shall provide proof of licensing or appropriate educational attainment and training in ATT for all therapists delivering services at the site. This requirement shall be continuing and the city may request such proof on a periodic basis for all therapists then delivering services. (c) The applicant shall provide documentation and a site plan describing the AAT program(s) to be delivered. Such documentation shall include a description of the goal- directed process and criteria for evaluating the effectiveness of the program(s). (d) The applicant shall identify all species of animals that will be present at the site and used in delivering AAT. No other species of animals shall be allowed under the permit without the city's approval. (e) The Animal Therapy Facility is subject to all animal density standards as prescribed by the city. (f) Other than the delivery of AAT, no commercial or business activities may be conducted on the site except the production of agricultural products in de minimis amounts as a result of the delivery of AAT. (g) The city may periodically inspect the site without notice. PLANNING COMMISSION DATE: 4/14/14 AGENDA ITEM: 5C – BUSINESS ITEM CASE # 2014 - 20 ITEM: Zoning Text Amendment – Shoreland Ordinance Update SUBMITTED BY: Nick Johnson, City Planner REVIEWED BY: Kyle Klatt, Community Development Director SUMMARY AND ACTION REQUESTED: The Planning Commission is asked to review a draft Shoreland Ordinance intended to update the City’s shoreland provisions in advance of upcoming sewered growth in the community. The City will work with the DNR to review the draft ordinance in advance of a future public hearing. REQUEST DETAILS In an effort to update the City’s shoreland provisions in advance of future sewered growth, staff has produced a draft ordinance that would address all anticipated development activity in the future. The proposed ordinance is modeled after the City of Woodbury’s shoreland provisions. The reason that the City’s existing shoreland provisions must be updated is that they only address activities and performance standards for rural development types in shoreland areas. As the City moves towards more sewered growth, the shoreland provisions must be updated accordingly. For example, the City’s existing Shoreland Ordinance lists specific development standards by specific zoning district. Many of these zoning districts, such as R3, are longer in the City’s Zoning Code. Moving forward, staff would like to provide standards that relate to whether the lot is riparian or non-riparian, or whether or not the lot is sewered or unsewered. This approach is different from the existing provisions which list performance standards by zoning district. In addition, staff is proposing to bring the shoreland provisions into the Zoning Code (Chapter 154). TO update the Shoreland Ordinance to prepare for future sewered development, staff is proposing the following changes contained within the draft ordinance: • Permitted and conditional uses within shoreland areas has been updated to reflect the City’s updates list of use classifications and definitions (Article II – Definitions, §154.012). • The biggest change to the provisions relate to the shoreland standards, which include performance standards and lot size requirements for various forms of residential development. The shoreland standards have been updated with the following changes: o Maximum impervious surface requirements have been updated according to riparian vs. non-riparian lots and sewered vs. non-sewered lots. The only exception proposed is to maintain the 15% or 6,000 square-foot maximum BUSINESS ITEM 5C 2 standards for Rural Single Family (RS) lots. The reason for carrying this standard forward is that many RS lots are likely to get sewered within the City’s Sanitary Sewer Service Areas. o Lot size and width requirements have been updated according to riparian vs. non- riparian lots and sewered vs. unsewered lots. o Provision have been added to require riparian dedications of 150’ around both Goose and Kramer Lake, both of which are in the I-94 Corridor. Through the use of a riparian buffer, sewered development can proceed through the provisions of the base zoning district. Without this 150-foot riparian dedication, sewered developments would need to meet larger lot size requirements. These riparian dedications allow the City to take a more active role in ensuring surface water quality for public water bodies in and around developing areas. • Per a previous request by the DNR, staff is proposing to change the allowed height of water oriented accessory structures from 13 feet to 10 feet. This change would make the City’s ordinance consistent with the State model standard, as well as all other Metro communities researched by staff. The attached draft ordinance is the first attempt to update these provisions. The City still must review the proposed shoreland ordinance with the DNR. In addition, as staff is proposing to bring the shoreland provisions into the Zoning Code, a future public hearing will also be necessary. To help facilitate the review of the shoreland ordinance at the meeting and in the future, staff will create a shoreland map to show the location and extent of these areas. Staff intends to present this map at the Planning Commission meeting. RECCOMENDATION: No formal action is required at this time. The Planning Commission is asked to provide initial feedback regarding the draft shoreland ordinance. This feedback, along with DNR review, will inform a future draft, at which time staff intends to hold a public hearing. ATTACHMENTS: 1. Draft Shoreland Ordinance, dated 4/14/14 2. Existing Shoreland Ordinance (§150.250) ORDER OF BUSINESS: - Introduction ........................................................................................ Planning Staff - Report by Staff ................................................................................... Planning Staff - Questions from the Commission ............................ Chair & Commission Members - Discussion by the Commission .............................. Chair & Commission Members BUSINESS ITEM 5C ARTICLE 17. SHORELAND MANAGEMENT OVERLAY DISTRICT §154.800 Shoreland Management Overlay District §154.800 Shoreland Management Overlay District A. Purpose. 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. Shoreland Management Overlay District 1. Shoreland Classifications. The public waters in Table 17-1 have been classified by the commissioner of natural resources 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 Class 150 FTa Riparian Dedication Required 82011601 Armstrong (north of CSAH 10) Sec 28, T29, R21 NE No 82011602 Armstrong (south of CSAH 10) Sec 28, T29, R21 NE No 82010500 Berschen’s Pond Sec 10, T29, R21 NE No 82009900 Clear Sec 2 & 11, T29, R21 NE No 82010100 DeMontreville Sec 4, 5 & 9,T29, R21 RD No 82011000 Downs Sec 24, T29, R21 NE No 82010900 Eagle Point Sec 22 & 27, T29, R21 NE No 82010600 Elmo Sec 13, 14, 23, 24 & 26, T29, R21 RD No 82010800 Friedrich Pond Sec 15 & 22, T29, R21 NE No 82011300 Goose Sec 27, 34 & 35, T29, R21 NE Yes 82011100 H.J. Brown Pond Sec 26, T29, R21 NE No 82007400 Horseshoe Sec 25, T29, R21 NE No 82010400 Jane Sec 9 & 10, T29, R21 RD No DRAFT 4/14/14 1 DNR ID # Name Location Class 150 FTa Riparian Dedication Required 82011700 Kramer Sec 35, T29, R21 NE Yes 82041900 Margaret Sec 26, T29, R21 NE No 82010300 Olson Sec 8 & 9, T29, R21 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 NE No 82010000 Unnamed Sec 4, 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, Conditional and Interim 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 P P P Industrial and Extractive Uses - - - Utilities, Transportation and Communications C C C Accessory Uses P P P DRAFT 4/14/14 2 Shoreland Classification Land Uses Recreational Development Natural Environment Tributary River Planned Developments (PUDs) 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. 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 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 Riparian dedication required 200 feet 200 feet 200 feet Riparian dedication not requiredd Sewered 75 feet 100 feet 75 feet Unsewered 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 OHWL 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, sewered Single family detached 20,000 sf 40,000 sf Same as zoning district Two-family or duplex 35,000 sf 70,000 sf DRAFT 4/14/14 3 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, sewered Single family detached 15,000 sf 20,000 sf Same as zoning district Two-family or duplex 17,500 sf 26,000 sf Riparian dedication not required, unsewered Single family detached 40,000 sf 80,000 sf Same as zoning district Minimum lot widthf Riparian dedication required Same as zoning district Riparian dedication not required, sewered Single family detached 80 feet 125 feet 80 feet Two-family or duplex 135 feet 225 feet 115 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, 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. d. Commercial and public and civic uses 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. f. Minimum lot size and width requirements apply to residential uses only. 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 DRAFT 4/14/14 4 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 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. vi. Facilities such as ramps, lifts 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. 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 DRAFT 4/14/14 5 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. 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. 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. c. 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 (1). 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 (5)(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 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. These provisions do not apply to the removal of tree limbs or branches that are dead or pose a safety hazard. DRAFT 4/14/14 6 e. Grading in Shoreland Areas. 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. 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; viii. Alterations below the OHWL are authorized by the Commissioner of the Minnesota Department of Natural Resources per Minn. Stats. § 103G.245; 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. 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. 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 DRAFT 4/14/14 7 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 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, 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. 11. Planned Unit Developments. Residential planned 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. 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. 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. DRAFT 4/14/14 8 a. The expansion or enlargement of a riparian substandard structure shall meet the shoreland development standards set forth in subsection (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. iii. Decks may be allowed without a variance where riparian dedication is not required, provided as follows: a) 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; b) 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 c) The deck is constructed primarily of wood, and is not roofed or screened. iv. If a riparian substandard structure is demolished, replacement shall comply with the dimensional standards of this section. C. 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. DRAFT 4/14/14 9 Print Lake Elmo, MN Code of Ordinances SHORELAND DISTRICT § 150.250 PURPOSE. (A) The shorelands within the city are designated as shoreland district. Regulations set forth in §§ 150.250 et seq. shall govern land use and other activities within this district. The classification of the lakes shall govern the use, alteration, and development of land within the shoreland district. (B) The uncontrolled use of shorelands adversely affects the public health, safety, and general welfare by contributing to pollution of public waters and by impairing the local tax base. In furtherance of the policies declared in M.S. Ch. 103G, 103F, 115, 116, 394, and 462, as they may be amended from time to time, the Commissioner provides the following minimum standards and criteria for the subdivision, use, and development of the shore lands of public waters. The standards and criteria are intended to preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of water and related land resources of the state. (1997 Code, § 325.01) § 150.251 INTENT. It is the intent of the city to: (A) 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; (B) Regulate alteration of shorelands of public waters to prevent excessive sediment pollution, increased water runoff, excessive nutrient runoff pollution; (C) To preserve and enhance the unique aesthetic appearance and ecological value of the shoreland; and (D) Regulate the construction of buildings and changes of land use in shorelands to minimize property damage during periods of high water. (1997 Code, § 325.02) § 150.252 DEFINITIONS. Unless specifically defined below, words or phrases used in §§ 150.250 et seq. shall be interpreted so as to give them the same meaning as they have in § 11.01 with common usage in Page 1of 17CHAPTER 150: GENERAL PROVISIONS 4/11/2014http://www.amlegal.com/alpscripts/get-content.aspx this and all other sections of the code. For the purpose of this §§ 150.250 et seq., the words "must" and "shall" are mandatory and not permissive. All distances, unless otherwise specified, shall be measured horizontally. (1997 Code, § 325.03) § 150.253 ADMINISTRATION. (A) The city will provide for the administration and enforcement of their shoreland management controls by establishing permanent procedures for building construction, installation of sewage treatment systems, and grading and filling. (B) (1) Permits required. A permit is required for the construction of buildings or building additions (including the related activities as construction of decks and signs), installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by § 150.255(E). Application for a permit shall be made to the city on the forms provided. The application shall include the necessary information so that the city can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided. (2) Variance. (a) Variance requests will be considered pursuant to the procedures set forth in the zoning code. (b) For existing developments, the application for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a non-conforming sewage treatment system. (3) Notifications to the Department of Natural Resources. (a) Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the Commissioner or the Commissioner's designated representative and postmarked at least 10 days before the hearings. Notices of hearings to consider proposed subdivision or plats must include copies of the subdivision or plat. (b) 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 required in division (B)(3) of this section shall also include the Board of Adjustment's summary of the public record and testimony and the findings of facts and conclusions which supported the issuance of the variance. (c) A copy of approved amendments and subdivisions or plats and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the Commissioner or the Commissioner's designated representative and postmarked within 10 days of final action. (1997 Code, § 325.04) Penalty, see § 10.99 Page 2of 17CHAPTER 150: GENERAL PROVISIONS 4/11/2014http://www.amlegal.com/alpscripts/get-content.aspx § 150.254 SHORELAND CLASSIFICATION. (A) The public waters of the city have been classified below, consistent with the criteria found in Minnesota Rules, Chapter 6120.3000, as it may be amended from time to time, and the Protected Waters Inventory Map for Washington County, Minnesota. The shoreland area for the water bodies listed below shall be defined in § 150.252 and as shown on the city's shoreland management area map. (B) The classes of public waters for the city are natural environment lakes, recreational development lakes, and tributary streams. (1) Natural environment lakes. Natural environment lakes are generally small, often shallow lakes with limited capacities for assimilating the impacts of development and recreational use. They often have adjacent lands with substantial constraints for development, such as high water tables, exposed bedrock and unsuitable soils. These lakes, particularly in rural areas, usually do not have much existing development or recreational use. D.N.R. I.D.#Lake NameLocationOHW 100-Year Elevation 82007400HorseshoeSec. 25876.8 82009900ClearSec. 2, 11 82010000UnnamedSec. 4 82010500Berschen’s PondSec. 10 82010700SunfishSec. 14896.4899 82010800Friedrich PondSec. 15, 22913.0 82011000DownsSec. 24889.1893 82011100H.J. Brown pondSec. 26 82011200Rose (Sunfish)Sec. 25, 36 82011300GooseSec. 27, 34, 35924.4 D.N.R. I.D.#Lake NameLocationOHW 100-Year Elevation 82011601 Armstrong (north of 10th Street) Sec. 281020.3 82011602 Armstrong (south of 10th Street) Sec. 331019.1 (2) Recreational development lakes. Recreational development lakes are generally medium- sized lakes of varying depths and shapes with a variety of land forms, soil, and ground water situations on the lands around them. They often are characterized by moderate levels of Page 3of 17CHAPTER 150: GENERAL PROVISIONS 4/11/2014http://www.amlegal.com/alpscripts/get-content.aspx recreational use and existing development. Development consists mainly of seasonal and year- round residences. Many of these lakes have capacities of accommodating additional development and use. D.N.R. I.D.#Lake NameLocationOHW 100-Year Elevation 82-101DeMontrevilleSec. 4, 5, 9929.3931.0 82-103OlsonSec. 8, 9929.3931.0 82-104JaneSec. 9, 10924925.0 82-106Elmo Sec. 13, 14, 23, 24, 26 885.6889 (3) Tributary streams. Tributary stream segments consist of water courses mapped in the protected waters inventory that have not been assigned 1 of the river classes. These segments have a wide variety of existing land and recreational use characteristics. LocationStream Name Sec. 33Unnamed to Wilmes Lake Sec. 16, 21, 22Raleigh Creek North (to Eagle Point Lake) Sec. 22, 23, 27Raleigh Creek South (Eagle Point lake to Lake Elmo) Sec. 25Unnamed Tributary (C) The permitted and conditional uses allowed in the underlying zoning district shall be those allowed in the natural environment lakes, recreational development lakes, and tributary streams shoreland districts. Land Use Matrix Land UsesZoning Districts AGR1PHBGBR3RRRELBBPOP Auto ServiceP Churches and Schools P Commercial Ag PPPP Duplex Multi- Family CUP FarmingPPPPPP PP GreenhousesCUPCUP KennelsCUPCUPCUP Page 4of 17CHAPTER 150: GENERAL PROVISIONS 4/11/2014http://www.amlegal.com/alpscripts/get-content.aspx Manufactured Homes; with sewer P ManufacturingCUP Office UsesPPPP RestaurantsPCUPCUP Retail UsesPPPCUP Single-Family Residential PPPPPP StablesCUPCUP NOTES TO TABLE: (1) P=Permitted Use (2) CUP=Conditional Use Permit (3) The Land Use Matrix outlines general allowed uses, subject to restrictions and provisions of the zoning code. Reference the Chapter 154 of the city code for specific allowable uses in each district. (Am. Ord. 97-16, passed 9-16-1997 ; Am. Ord. 08-005, passed 2-4-2008 ) (1997 Code, § 325.05) § 150.255 SHORELAND STANDARDS. (A) General provisions. The following standards shall apply to all shorelands of the protected waters. Where the requirements of the underlying zoning district as shown on the official zoning map are more restrictive than those set forth in §§ 150.250et seq., the more restrictive standards shall apply. Only land above the ordinary high water level of public waters can be used to meet lot area standards, and lot width standards must be met at both the ordinary high water level and at the building line. (B) Lot area; no sewer. Zoning DistrictNatural Environment LakesRecreation Development Lakes RiparianNon-RiparianRiparianNon-Riparian RE (No Sewer)2.5 acres2.5 acres2.5 acres2.5 acres R1 (No Sewer)80,000 square feet 80,000 square feet 1.5 acres1.5 acres RR (No Sewer)10 acres10 acres10 acres10 acres AG (No Sewer)40 acres40 acres40 acres40 acres OP (No Sewer)0.5 acres0.5 acres R3 (No Sewer)40,000 square feet 20,000 square feet 20,000 square feet 15,000 square feet Page 5of 17CHAPTER 150: GENERAL PROVISIONS 4/11/2014http://www.amlegal.com/alpscripts/get-content.aspx GB (No Sewer)3.5 acres3.5 acres3.5 acres3.5 acres BP (No Sewer)3 acres3 acres3 acres3 acres (Am. Ord. 97-16, passed 9-16-1997) (C) Lot width. Classification Riparian Lot (No Sewer) Riparian Lot (With Sewer) Non-Riparian Lot (Without Sewer) Non-Riparian Lot (With Sewer) Natural Environment 200 feet200 feet200 feetNA Recreational Development 150 feet150 feet150 feetNA Tributary Streams 100 feet100 feetNANA (Am. Ord. 97-16, passed 9-16-1997) (D) Placement, design, and height of structures. (1) Placement. When more than 1 setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots 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, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be located as follows. (a) Structure and on-site sewage system setbacks. Structure and on-site sewage system setbacks (in feet) from ordinary high water level. Setbacks From OHW ClassificationStructuresSewage Treatment System Natural Environment150 feet150 feet Recreational Development100 feet75 feet Tributary100 feet75 feet (b) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the water body. Setback FromSetback (In Feet) Page 6of 17CHAPTER 150: GENERAL PROVISIONS 4/11/2014http://www.amlegal.com/alpscripts/get-content.aspx Top of bluff30 Unplatted cemetery50 Right-of-way line of federal, state, or county highways Per underlying zoning district regulations and exceptions Right-of-way line of town road, public street, or other roads or streets not classified Per underlying zoning district regulations and exceptions (c) Bluff impact zone. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones. (d) Significant historic sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. (e) Steep slopes. The city shall 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 water, assuming summer, leaf-on vegetation. (f) Proximity to roads and highways. Per underlying zoning district regulations and exceptions. (g) Use without water-oriented needs. Use without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public water frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. (2) Design criteria for structures. (a) High water elevations. Structures must be placed in accordance with any flood plain regulations applicable to the site. All principal structures shall have their lowest floor at a level at least 3 feet above the highest known water level or the ordinary high water level, whichever is higher. (b) Water-oriented accessory structures. Each lot may have 1 water-oriented accessory structure not meeting the normal structure setback in § 150.255(D) if this water-oriented accessory structure complies with the following provisions. 1. The structure or facility must not exceed 13 feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed 8 feet above grade at any point. 2. The setback of the structure or facility landward from the ordinary high water level must be at least 10 feet on a recreational development lake and 50 feet on a natural environment lake. Page 7of 17CHAPTER 150: GENERAL PROVISIONS 4/11/2014http://www.amlegal.com/alpscripts/get-content.aspx 3. 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. 4. The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area. 5. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities. 6. As an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. (c) 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. 1. Stairways and lifts must not exceed 4 feet in width. Wider stairways may be used for public open space recreational properties. 2. Landings for stairways and lifts must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for public open space recreational properties. 3. Canopies or roofs are not allowed on stairways, lifts, or landings. 4. Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. 5. Stairways, lifts, and landings 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. 6. Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of divisions (D)(2)(c)1. to (D)(2)(c)5. above are satisfied. (3) Height of structures. All structures in residential districts, except churches and non- residential agricultural structures, must not exceed 35 feet in height. (E) Shoreland alterations. (1) Generally. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. Best management practices are recommended to guide shoreland alteration activities. (2) Vegetation alterations. Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by § 150.255(F) are exempt from the vegetation alteration standards that follow. Removal or Page 8of 17CHAPTER 150: GENERAL PROVISIONS 4/11/2014http://www.amlegal.com/alpscripts/get-content.aspx alteration of vegetation, except for agricultural uses as regulated in § 150.255(H) is allowed, subject to the following standards. (a) Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. (b) In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs, and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas and permitted water-oriented accessory structures or facilities, provided that: 1. The screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced; 2. Along rivers, existing shading of water surfaces is preserved; and 3. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. (3) Topographic alterations; grading and filling. (a) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. The grading and filling standards in §§ 150.250et seq. must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways. (b) Public roads and parking areas are regulated by § 150.255(F). (c) Notwithstanding divisions (E)(3)(a) and (E)(3)(b) above, a grading and filling permit will be required for: 1. The movement of more than 10 cubic yards of material on steep slopes or within shore or bluff impact zones; and 2. The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones. (d) The following considerations and conditions in addition to §§ 150.215et seq. must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances, and subdivision approvals. 1. Grading and filling in any Type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland. (This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. The applicant will be so advised.) a. Sediment and pollutant trapping and retention; b. Storage of surface runoff to prevent or reduce flood damage; c. Fish and wildlife habitat; Page 9of 17CHAPTER 150: GENERAL PROVISIONS 4/11/2014http://www.amlegal.com/alpscripts/get-content.aspx d. Recreational use; e. Shoreline or bank stabilization; and f. Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others. 2. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. 3. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as grading is complete. 4. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. 5. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service. 6. Fill or excavated material must not be placed in a manner that creates an unstable slope. 7. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30% or greater. 8. Fill or excavated material must not be placed in bluff impact zones. 9. Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner under M.S. § 103G.245, as it may be amended from time to time. 10. Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties. 11. Placement of natural rock rip-rap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed 3 feet horizontal to 1 foot vertical, the landward extent of the rip-rap is within 10 feet of the ordinary high water level, and the height of the rip-rap above the ordinary high water level does not exceed 3 feet. (e) Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must comply with all provisions of §§ 150.250et seq. Permission for excavations may be given only after the Commissioner has approved the proposed connection to public waters. (F) Placement and design of roads, driveways, and parking areas. (1) Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view of 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. Page 10of 17CHAPTER 150: GENERAL PROVISIONS 4/11/2014http://www.amlegal.com/alpscripts/get-content.aspx (2) Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If the Council, at its discretion, determines that no alternative exists, the structures may be placed within these areas and must be designed to minimize adverse impacts. (3) Public and private (intended solely for the use of the property owner) watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones, provided the vegetative screening and erosion control conditions of §§ 150.250et seq. are met. For private facilities, the grading and filling provisions of § 150.255(E) must be met. (G) Storm water management. The following general and specific standards shall apply, in addition to all applicable requirements found in § 150.273. (1) General standards. (a) Existing natural drainage ways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain storm water runoff 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, 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. (c) When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle storm water runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration other than buried pipes and man-made materials and facilities. (d) Use of fertilizers, pesticides, or animal wastes within shorelands must be done in a way as to minimize impact on the shore impact zone or public water by proper application. (2) Specific standards. (a) Impervious surface coverage of lots must not exceed 6,000 S.F. or 15% of the lot area, whichever is larger. (b) When constructed facilities are used for storm water management, documentation must be provided by a licensed civil engineer that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts. (c) New constructed storm water outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. (H) Special provisions for public/semi-public, agricultural, and forestry. (1) Standards for public and semi-public uses. (a) Surface water-oriented public or semi-public uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water-oriented needs must meet the following standards. Page 11of 17CHAPTER 150: GENERAL PROVISIONS 4/11/2014http://www.amlegal.com/alpscripts/get-content.aspx 1. In addition to meeting impervious coverage limits, setbacks, and other zoning standards in §§ 150.250et seq., the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures. 2. 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. 3. 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. 4. 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. (b) Use without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. (2) Agriculture use standards. (a) General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management System) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, a provided by a qualified individual or agency. Best management practices of the Minnesota D.N.R. must be used. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. (b) Animal feedlots, as defined by the Minnesota Rules, Chapter 7020.300, as amended from time to time, for compliance with permits, must meet the following standards. 1. New feedlots must not be located in the shoreland of water courses 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. 2. Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback or encroach on bluff impact zones. (I) Water supply and sewage treatment. (1) Water supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency. 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. Page 12 of 17CHAPTER 150: GENERAL PROVISIONS 4/11/2014http://www.amlegal.com/alpscripts/get-content.aspx (2) Sewage treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows. (a) Publicly-owned sewer systems must be used where available. (b) All private sewage treatment systems must meet or exceed the standards contained in City Code Chapter 51 or the standards for individual sewage treatment systems contained in Minnesota Rules, Chapter 7080.0060, a copy of which is adopted by reference and declared to be a part of §§ 150.250et seq. In all cases the more restrictive regulation shall apply. (c) On-site sewage treatment systems must be set back from the ordinary high water level in accordance with the setbacks contained in § 150.255(D)(1). (d) All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in this division (I)(2)(d). If the determination of a site's suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from onsite field investigations. Evaluation criteria: 1. Depth to the highest known or calculated ground water table or bedrock; 2. Soil conditions, properties, and permeability; 3. Slope; and 4. The existence of lowlands, local surface depressions, and rock outcrops. (e) Non-conforming sewage treatment systems shall be regulated and upgraded in accordance with § 150.256(B)(3). (f) The discharge of non-treated raw sewage effluent into a lake, wetland, or stream is strictly prohibited and the condition will be required to be ceased immediately; and within a reasonable period (not to exceed 30 days) of notice and order to comply by the Zoning Administrator, the property owner shall install a system which complies with Minn. Rules Chapter 7080, as it may be amended from time to time, and Chapter 51 of the city code, whichever is more restrictive. (g) Gray water, meaning liquid waste from a dwelling produced by bathing, laundry, culinary operations, and floor drains associated with these sources, and specifically excluding toilet waste, must be treated in accordance with Minn. Rules Chapter 7080, as it may be amended from time to time. Discharge of gray water directly into a lake, wetland, or stream is prohibited and the condition shall cease immediately. (h) Any discharge of chemically-treated water into a lake, wetland, or stream, such as an example only, the drainage of a swimming pool, must not be done without first obtaining all required permits from the Minnesota Pollution Control Agency. (J) Conditional uses. (1) Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional uses established in the zoning code. (2) The following additional evaluation criteria and conditions apply within shoreland areas. Page 13 of 17CHAPTER 150: GENERAL PROVISIONS 4/11/2014http://www.amlegal.com/alpscripts/get-content.aspx (a) Evaluation criteria. A thorough evaluation of the water body and topographic, vegetation, and soils conditions on the site must be made to ensure: 1. The prevention of soil erosion or other possible pollution of public waters, both during and after construction; 2. The visibility of structures and other facilities as viewed from public waters is limited; 3. The site is adequate for water supply and on-site sewage treatment; and 4. The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the ability of public waters to safely accommodate these watercraft. (b) Conditions attached to conditional use permits. The Council, upon consideration of the criteria listed above and the purposes of §§ 150.250et seq., shall attach the conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of §§ 150.250et seq. The conditions may include, but are not limited to, the following: 1. Increased setbacks from the ordinary high water level; 2. Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and 3. Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas. (1997 Code, § 325.06) (Am. Ord. 08-005, passed 2-4-2008; Am. Ord. 08-024, passed 4-20-2010; Am. Ord. 2012-61, passed 9-4-2012; Am. Ord. 2012-63, passed 10-2-2012) Penalty, see § 10.99 § 150.256 NON-CONFORMITIES. (A) All legally established non-conformities as of the date of §§ 150.250et seq. may continue, but they will be managed according to applicable state statutes and other regulations of the city for the subject of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards will also apply to shoreland areas. (B) (1) Construction on non-conforming lots of record. (a) Lots of record in the office of the County Recorder on the date of enactment of §§ 150.250et seq. that do not meet the requirements of § 150.255(B) may be allowed as building sites without variances from lot size requirements, provided the use is permitted in the 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 §§ 150.250et seq. are met. (b) A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the Board of Adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided. Page 14 of 17CHAPTER 150: GENERAL PROVISIONS 4/11/2014http://www.amlegal.com/alpscripts/get-content.aspx (c) If, in a group of 2 or more contiguous lots under the same ownership, any individual lot does not meet the requirements of § 150.255(B), 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 1 or more contiguous lots so they equal 1 or more parcels of land, each meeting the requirements of § 150.255(B) as much as possible. (2) Additions/expansions to non-conforming structures. (a) Additions/expansions. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of § 150.255. Any deviation from these requirements must be authorized by a variance pursuant to § 150.253(B)(2). (b) Decks. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met. 1. The structure existed on the date the structure setbacks were established. 2. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure. 3. The deck encroachment toward the ordinary high water level does not exceed 15% of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive. 4. The deck is constructed primarily of wood and is not roofed or screened. (3) Non-conforming sewage treatment systems. (a) A sewage treatment system not meeting the requirements of § 150.255(I) 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 purposes of this provision, a sewage treatment system shall not be considered non-conforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level. (b) The Council of the city has notified the D.N.R. Commissioner of its plan to identify non-conforming sewage treatment systems in shoreland areas. The city will require upgrading or replacement of any non-conforming system identified by this program within a reasonable period of time, which will not exceed 180 days of notice and order to comply by the Zoning Administrator. Sewage systems installed according to all applicable local shoreland management standards adopted under M.S. § 103F.201, as it may be amended from time to time, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems including cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above ground water than required by the Minnesota Pollution Control Agency's Chapter 7080, as it may be amended from time to time, for design of off-site sewage treatment systems, shall be considered nonconforming. (1997 Code, § 325.07) Penalty, see § 10.99 § 150.257 SUBDIVISION/PLATTING PROVISIONS. Page 15 of 17CHAPTER 150: GENERAL PROVISIONS 4/11/2014http://www.amlegal.com/alpscripts/get-content.aspx (A) Land suitability. Each lot created through subdivision must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the local unit of government 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. (B) Platting. All subdivisions shall be in accordance with the city's platting regulations and requirements. (C) Consistency with other controls. Subdivisions must conform to all regulations for the city. A subdivision will not be approved where a later variance from 1 or more standards in official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with § 150.255(D) and (I) can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of § 150.255(B), including at least a minimum contiguous vegetative area, that is free of limiting factors sufficient for the construction of 2 standard sewage treatment systems. Lots that would require use of holding tanks must not be approved. (D) Information requirements. Sufficient information must be submitted by the applicant for the city to make a determination of land suitability. The information may include the following at the discretion of the City Planner or City Engineer: (1) Topographic contours at 2 foot intervals or less; (2) The surface water features required in M.S. § 505.02, Subd. 1, as it may be amended from time to time, to be shown on plats obtained from United States Geological Survey quadrangle topographic maps or more accurate sources; (3) Adequate soils information to determine suitability for building and on-site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods; (4) Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations: near-shore aquatic conditions, including depths, types of bottom sediments and aquatic vegetation: and proposed methods for controlling storm water runoff and erosion, both during and after construction activities; (5) Location of 100-year flood plain areas and flood way districts from existing adopted maps or data; and (6) A line or contour representing the ordinary high water level, the "toe" and "top" of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream. (E) Dedications. When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of storm water and significant wetlands. Page 16 of 17CHAPTER 150: GENERAL PROVISIONS 4/11/2014http://www.amlegal.com/alpscripts/get-content.aspx (F) Controlled access or recreational lots. Lots intended as controlled accesses to public waters or for recreational use areas for use by nonriparian lots within a subdivision must meet or exceed the sizing criteria in § 150.255(B) and (C). (1997 Code, § 325.08) Penalty, see § 10.99 Page 17 of 17CHAPTER 150: GENERAL PROVISIONS 4/11/2014http://www.amlegal.com/alpscripts/get-content.aspx