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Home My WebLink AboutFINAL ORDINANCE NO. 08-005CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO.08- 005 AN ORDINANCE TO AMEND SHORELAND DISTRICT REGULATIONS TO ELIMINATE SHORELAND SPECIFIC RIGHT-OF-WAY SETBACK REQUIREMENTS AND TO UPDATE ORDINARY HIGH WATER AND FLOODPLAIN LEVELS FOR AREA LAKES Section 1. The City Council of the City of Lake Elmo hereby ordains that Section 150.254 is hereby amended to read as follows: Section 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 Name Location OHW 100-Year Elevation 82 7482007400 Horseshoe Sec. 25 876.8 877:4 52-9982009900 Clear Sec. 2, 11 939 8219082010000 Unnamed Sec.4 963 82-48582010500 Berschen's Pond Sec. 10 9z5 82- 7-9-782010700 Sunfish Sec.14 896.4 991899 42-1 82010800 Friedrich Pond Sec. 15, 22 97z� 6 913.0 8211982011000 Downs Sec.24 889.1 893 8211182011100 H.J. Brown pond Sec. 26 9W 92 11282011200 Rose (Sunfish) Sec. 25, 36 989 82 11382011300 Goose Sec. 27, 34, 35 924.4 93-2 8211682011601 Unnamed Armst rone (North of 10`h SO Sec.28�3 1020.3 82011602 Armstrong (South of l0t' Street) Sec. 33 1019.1, (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 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. LD.# Lake Name Location OHW 100-Year Elevation 82-101 DeMontreville Sec. 4, 5, 9 939929.3 931.5931.0 82-103 Olson Sec. 8, 9 930929.3 911.5931.0 82-104 Jane Sec. 9, 10 924 926.0925.0 82-106 Elmo Sec. 13, 14, 23, 124,26 886885.6 898889 (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. Location Stream Name Sec. 33 Unnamed to Wilmes Lake See. 16,21,22 Unnamed EaglPoint Lake (El �«k to Nettl$Ralei gh Creek North (to Eagle Point Lake1 Sec. 22, 23, 27 U-mi a to J ,,e Rime (Eagle Point G eek SeLAw',Raleish iaixcv-vvza�cczrmo-�.oas.,c Point cccwc votscrr7 Creek South (Eagle Point Lake to Lake Elmo) Sec. 25 Unnamed Tributary Section 2. The City Council of the City of Lake Elmo hereby ordains that Section 150.255, Subdivision (D), is hereby amended to read as follows: (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 Classification Structures Sewage Treatment System Natural Environment 150 feet 150 feet Recreational Development 100 feet 75 feet Tributary 100 feet 75 feet (b) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the water body. Setback From Setback (In Feet) Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal, state, or county highways 59 Per underline zoning district regulations and exceptions Right-of-way line of town road, public street, or other 39 Per underline zoning roads or streets not classified 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. r ,t.,.,.t,._.. be f3i. eed n r thaii cn feet f.am the fight of way lifte of afty federal state, ar eatifity highway; f 30 feet &em the right of way line ef any town road, publie stfeet, or- ethers not (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. Section 3. Adoption Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. This Ordinance No.08=05was adopted on this 4th day of February 200 by a vote of SAyes and = Nays. C-� Mayor Dean Johnston ATTEST: 1 Susan Hoyt Administrator This Ordinance No. Mayor Johnston Council Members: DeLapp Johnson Smith Park was published on the Ayes Nayes X X X X X EI day of _, 2007.