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5.a 1 PCMemoDNRModelShorelandOrdinance 4.4.17Memorandum To: Scandia Planning Commission Copies To: Neil Soltis, City Administrator Brenda Eklund, City Clerk Reference: DNR New Model Shoreland Ordinance Project No.: 16323.000 From: Sherri Buss, RLA AICP, Routing: Planner Date: March 23. 2017 The DNR recently released a new model shoreland ordinance. The model ordinance was created to help cities to update existing ordinances or create new ordinances. The shoreland rules have not changed, but the DNR believes that the ordinance is improved over the previous model ordinance in terms of consistency with the rules, clearer language, and better design. It is up to cities to decide if they want to update their existing ordinances to use some or all of the sections in the DNR's model ordinance. The DNR understands that cities may deviate from the model to address local situations, and that some of the items in the model ordinance may not be applicable in many communities. Scandia's current ordinance is based on the DNR's first Model ordinance and the Washington County shoreland regulations, but it does include some differences, such as the City's required wetland setback. If cities want to adopt lower standards that those in the ordinance, they need to request flexibility from the DNR to do that. I have compared the model ordinance with the City's current ordinance, and have provided some thoughts for discussion at the April 4 meeting. The Planning Commission should review the ordinances, and be prepared to discuss whether the City should update its Shoreland Ordinance, and if yes, how it could use the model ordinance to do that. The DNR would need to approve a revised ordinance. Copies of the model ordinance are attached, and the City's current Shoreland ordinance is on the website. Comparison of the New Model Shoreland Management Ordinance with Scandia's Shoreland Management Regulations There are a number of minor items included in the Model Ordinance, such as revisions to the Statutory Authorization section, that could be included in an update of Scandia's ordinance that are not listed here. The new Model ordinance also organizes some of the information in tables, and includes graphics to illustrate some requirements. These techniques generally help to clarify the requirements, and the City could incorporate them in a revised ordinance. Commission members should discuss whether they find the graphics and tables useful. Substantive differences between the Model ordinance and City regulations include: An employee owned company promoting affirmative action and equal opportunity 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292.4400 tkda.cam TKDA Memorandum To: Scandia Planning Commission Copies To: Neil Soltis, City Administrator Brenda Eklund, City Clerk Reference: DNR New Model Shoreland Ordinance Project No.: 16323.000 From: Sherri Buss, RLA AICP, Routing: Planner Date: March 23. 2017 The DNR recently released a new model shoreland ordinance. The model ordinance was created to help cities to update existing ordinances or create new ordinances. The shoreland rules have not changed, but the DNR believes that the ordinance is improved over the previous model ordinance in terms of consistency with the rules, clearer language, and better design. It is up to cities to decide if they want to update their existing ordinances to use some or all of the sections in the DNR's model ordinance. The DNR understands that cities may deviate from the model to address local situations, and that some of the items in the model ordinance may not be applicable in many communities. Scandia's current ordinance is based on the DNR's first Model ordinance and the Washington County shoreland regulations, but it does include some differences, such as the City's required wetland setback. If cities want to adopt lower standards that those in the ordinance, they need to request flexibility from the DNR to do that. I have compared the model ordinance with the City's current ordinance, and have provided some thoughts for discussion at the April 4 meeting. The Planning Commission should review the ordinances, and be prepared to discuss whether the City should update its Shoreland Ordinance, and if yes, how it could use the model ordinance to do that. The DNR would need to approve a revised ordinance. Copies of the model ordinance are attached, and the City's current Shoreland ordinance is on the website. Comparison of the New Model Shoreland Management Ordinance with Scandia's Shoreland Management Regulations There are a number of minor items included in the Model Ordinance, such as revisions to the Statutory Authorization section, that could be included in an update of Scandia's ordinance that are not listed here. The new Model ordinance also organizes some of the information in tables, and includes graphics to illustrate some requirements. These techniques generally help to clarify the requirements, and the City could incorporate them in a revised ordinance. Commission members should discuss whether they find the graphics and tables useful. Substantive differences between the Model ordinance and City regulations include: An employee owned company promoting affirmative action and equal opportunity Shoreland Model Ordinance Page 2 April 4, 2017 Scandia Planning Commission 1. Revised definition for Bluffs, including a graphic illustration of the definition of bluff, top and toe of bluff, and bluff impact zone. (The city and model ordinance definition of "bluff' is similar, but the city definition is for the Bluffline rather than Bluff, and shows separate definitions of the other items.) Is the Model ordinance definition with the combined graphic easier to understand? 2. Height of building definition: the Model ordinance definition of "height of building" is different from the City's Development Code definition: a. DNR — "the vertical distance between the highest adjoining ground level at the building or ten feet above the lowest adjoining ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof." b. Scandia — "the vertical distance from the average of the highest and lowest point of the grade for that portion of the lot covered by the building, to the highest point of the roof for flat roofs, to the roof deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip or gambrel roofs. No structure shall exceed the maximum height permitted for the zoning district in which it is located, except for church spires, chimneys, agricultural silos, wind energy conversions systems, wireless communication antennas and towers, and flag poles up to 45 feet in height. The height of a stepped or terraced building is the maximum height of any segment of the building." (Scandia's definition of height comes from the Washington County Zoning Ordinance which was used by New Scandia Township. Generally, planners and attorneys recommend that the ordinance standards, such as the exception included in this definition, not be included in the definition as they are here.) Should the City consider revising its definition of building height? 3. Section 3.2 Administration — Permits: the Model Ordinance suggests that the City issue a specific permit called a certificate of zoning compliance when any permit or variance is required in shoreland areas. A certificate of compliance is usually an administrative permit. Scandia does not require an additional permit in Shoreland areas, and uses the standard building permit or variance/CUP approval and conditions. Is there any need for a special permit for zoning compliance in Shoreland areas? 4. Section 3.7 — Mitigation - This section and concept are entirely new, and are an approach that the DNR is requiring in the Mississippi River Critical Area rules. The model ordinance says the City may require mitigation for variances or other permits "when appropriate." There are diverse viewpoints on this among planners and city officials. Many cities already require conditions with variances and CUP's, but most do not require mitigation, or leave this up to Watershed Organizations. An example of mitigation is the Carnelian - Marine -St. Croix Watershed District's typical requirement to establish a shoreland buffer area if a variance is granted from the setback from the OHWL. Some argue that it will be challenging to determine when and how much mitigation is appropriate, and to be consistent among variances and permits. It is also not clear that if a use meets all of the 7 Shoreland Model Ordinance Page 3 April 4, 2017 Scandia Planning Commission requirements for a CUP, or an applicant meets the "practical difficulties" standard for a variance, that mitigation should be imposed. The Commission should discuss this concept and whether it should be considered for the City's shoreland regulations. 5. The Model ordinance would eliminate Section 17 of the City's ordinance, and instead would reference the State statute on nonconformities and the City's Development Code. This change could help to streamline and clarify the requirements. The City's Development Code requirements are slightly higher than those that were included in Section 17 in the Shoreland regulations. In the Development Code, the lot needs to be 66% of the dimensional standard to qualify to be developed without a variance (vs. 60% in Chapter 17) and need to have frontage on an improved street for emergency access. Should the requirements in Shoreland areas be the same as outside those areas, or lower based on the small lots sizes on many lakes? 6. Section 3.9 — Notifications to the DNR — some of these items are new in the Model ordinance, but they were previously in the Rules, and it is probably useful to have them in the ordinance. 7. Section 4.0 — Shoreland Classification system — This section makes extensive use of tables to convey information. Scandia's tables would be smaller, because there are fewer lake and stream classifications in the city, and fewer land use classifications permitted in Shoreland. Do you think it would be useful to update the city's regulations to the table format? 8. Section 5.0 — Special Land Use Provisions — This section would replace several Sections in the current ordinance, but most of the standards are the same, with the following exceptions: • Larger signs are permitted in the new Model ordinance than the city's ordinance. The model ordinance permits signs up to 10 feet above the ground and up to 32 square feet in size; the city's ordinance permits signs up to 6 feet above the ground and 16 square feet in size. • The City does not have Extractive Use Standards or Metallic Mining Standards in its Shoreland regulations. The City's Mining Ordinance covers those uses, and includes regulations for Shoreland areas. 9. Section 6.0 — Dimensional Standards — The standards in the Model Ordinance for areas without sewer are significantly different from the City's regulations: • 6.22 — Lot Width — the City's ordinance requires that the lot width standard be met at the roadway right-of-way as well as at the OHWL and building line • 6.25 — Lake Minimum Lot Area and Width Standards: o The City's ordinance requires minimum lot sizes are significantly higher than those included in the Model ordinance: Lake Classification Development Minimum Lot Minimum Lot Size -- Type Size -- City Ordinance Model Ordinance Recreational Single Family 40,000 square 2.5 acres area Development Riparian Lot feet area 150 feet lot width 150 feet width I Shoreland Model Ordinance Page 4 Scandia Planning Commission April 4, 2017 Recreational Single Family 40,000 square AG C — 2-5 acres Development Non -riparian Lot feet area GR — 2 acres 150 feet width 160-300 feet width Natural Environment Single Family 80,000 square 5.0 acres (except Goose Riparian Lot feet area Lake, where District 200 feet lot standards apply) width 300 feet lot width Natural Environment Single Family 80,000 square AG C — 2-5 acres Non -riparian feet area GR — 2 acres 200 feet lot 160-300 feet width width Tributary Stream lots Single Family No size AG C — 2-5 acres (not St. Croix River) standard GR — 2 acres 100 feet lot 160-300 feet width width The City's standards were adopted to be consistent with the underlying zoning districts, and to protect lakes from dense development on septic systems. The City's standards in all districts require 1 acre of buildable area to accommodate septic systems that meet the County requirements. The Commission should discuss the differences and whether the City should revised the standards in the Shoreland regulations. 10. Section 6.32 — Guest cottages — This section could be used to permit Accessory Dwelling Units. The City's Shoreland regulations do not currently permit guest cottages, but do permit Bed and Breakfasts and Accessory Apartments. 11. Section 6.4 — Placement, Height and Design of Structures — two standards in the Model ordinance are lower than the City's standards: The structure setback on Natural Environment lakes in the Model ordinance is 150 feet; in the City's regulations it is 200 feet. (The septic system setback requirement is the same in both ordinances.) The structure setback on Tributary Streams in the Model ordinance is 100 feet, and the Sewage Treatment System setback is 75 feet; the setbacks are 200 feet and 150 feet in the City's shoreland regulations. The City's ordinance includes a 75' structure setback from wetlands (called "unclassified waterbodies). This is not included in the Model ordinance or state regulations. The Commission should discuss the differences and whether the City should maintain its current requirements. 12. Section 8.0 — Vegetation and Land Alterations — the standards under 8.23 are new. The Commission should discuss whether the City should adopt and enforce these standards. 13. Sections 8.3 Grading and Filling, Section 8.4 Stormwater Management, and Section 9.0 Subdivisions/Platting — these sections are similar to the Sections in the City's Development Code that cover these activities. They replace the much more general sections that are currently included in the City's Shoreland regulations. The regulations I Shoreland Model Ordinance Page 5 April 4, 2017 Scandia Planning Commission could be updated to reference the Development Code standards and Subdivision Ordinance 14. Section 10.0 -- Planned Unit Developments — the only PUD's that the City currently allows in Shoreland areas are Open Space Developments. The Commission may discuss whether it wants to allow other types of PUD's and adopt regulations for them based on the Model ordinance, or continue to limit PUD's to Open Space Developments. PUD's would generally allow denser development in Shoreland areas, but require dedication of significant open space, similar to OSD's. 7