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7.c 1 Memo re DNR Model Shoreland Ordinance 6.6.17Memorandum To: Scandia Planning Commission Copies To: Neil Soltis, City Administrator Brenda Eklund, City Clerk Reference: DNR New Model Shoreland Ordinance—continued discussion Project No.: 16323.000 From: Sherri Buss, RLA AICP, Routing: Planner Date: Mav 18. 2017 The Planning Commission began discussing the DNR's Model Shoreland ordinance at its March meeting, and recommended using the Model ordinance as a base to begin to update the City's Shoreland Management ordinance. The Planner used the Model ordinance to create a draft ordinance for discussion in May that was tabled to the June meeting. The draft is attached. Items for discussion are highlighted in red text. I have also made some changes based on comments Neil submitted that are noted below. Please review the draft, and we will continue the discussion on June 6. • Section 1.0: the red text includes a "purpose" section from the current Scandia ordinance that is not included in the Model ordinance. It expresses the City's viewpoint on the purposes for the ordinance. Do you want to keep this section in the ordinance? • Section 2.0: the draft text adds some definitions and edits some definitions to include items relevant to Scandia, or to make the definitions consistent with the Scandia definitions (such as the Planned Unit Development definition). A few of the definitions are still different to account for some additional issues that need to be addressed in the Shoreland definitions. Please review. The references to unincorporated areas have been removed since all of Scandia is incorporated as a City. Added "pavers" to the list of impervious surfaces, since the local watershed districts and city consider pavers to be impervious. • Section 3.0: Updates based on the April discussion o Took out the Certificate of Compliance permits o References to Scandia Development Code for Variances 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—continued discussion Project No.: 16323.000 From: Sherri Buss, RLA AICP, Routing: Planner Date: Mav 18. 2017 The Planning Commission began discussing the DNR's Model Shoreland ordinance at its March meeting, and recommended using the Model ordinance as a base to begin to update the City's Shoreland Management ordinance. The Planner used the Model ordinance to create a draft ordinance for discussion in May that was tabled to the June meeting. The draft is attached. Items for discussion are highlighted in red text. I have also made some changes based on comments Neil submitted that are noted below. Please review the draft, and we will continue the discussion on June 6. • Section 1.0: the red text includes a "purpose" section from the current Scandia ordinance that is not included in the Model ordinance. It expresses the City's viewpoint on the purposes for the ordinance. Do you want to keep this section in the ordinance? • Section 2.0: the draft text adds some definitions and edits some definitions to include items relevant to Scandia, or to make the definitions consistent with the Scandia definitions (such as the Planned Unit Development definition). A few of the definitions are still different to account for some additional issues that need to be addressed in the Shoreland definitions. Please review. The references to unincorporated areas have been removed since all of Scandia is incorporated as a City. Added "pavers" to the list of impervious surfaces, since the local watershed districts and city consider pavers to be impervious. • Section 3.0: Updates based on the April discussion o Took out the Certificate of Compliance permits o References to Scandia Development Code for Variances An employee owned company promoting affirmative action and equal opportunity Shoreland Model Ordinance Page 2 June 6, 2017 Scandia Planning Commission o 3.7 – This is from the current Shoreland ordinance—do you want to keep it? It gives the City the option to require some additional conditions if warranted, while eliminating the DNR's proposed "mitigation" requirement. Section 4.0: o Updated the Shoreland classification map. This is still in process, as the DNR maps show some additional water bodies that may need to be included. We have a question in to the DNR on this item. 0 4.2 – Land Uses – please review—this reflects the current ordinance. Few commercial uses are allowed in Shoreland in the current ordinance. Neil added a few uses to the list, such as Essential Services and Museums that exist in Shoreland areas in Scandia. 0 4.24 – Do you want to use the text that references uses in Tributary Streams shoreland areas, or the table? Section 5.0: o Revised sections to include references to current ordinance or to be compatible with the current ordinance. o Took out commercial and industrial references since they are not included in the "use" table in Section 4 o Extractive use section has been removed since this is covered by the Scandia Mining Ordinance. Section 6.0: o Tables and text in red show the current Scandia standards. The Commission should discuss whether to adopt the current standards in the new shoreland ordinance, or to modify them. o Added "outlots" as an exception in 6.2—for discussion based on the 20211 Maxwill subdivision issue o Added the Accessory Dwellings use into Section 6.3 0 6.4 – Adopt current setbacks into the new ordinance or modify? o Took out setback averaging as discussed in April o Added Scandia's required setback from wetlands in table 6.41 (D) 0 6.42 – adopt Scandia's current standard or DNR's 25' standard? Sections 7.0 and 8.0 o The Model ordinance is very similar to the current Scandia ordinance in these sections o Section 7.3—we should discuss this section on Water -Oriented Accessory structures. The DNR's intent is to permit one water -oriented accessory structure even if it does not meet the OHWL setbacks. In the City's ordinance, the lake side is the "front yard" and accessory structures are not permitted in front yards. Should water -oriented structures be an exception to the front -yard prohibition? 0 8.3 – Neil has an example to present related to the grading and filling standards that could suggest a need to modify the standards in 8.32B and the City's Development Code. I Shoreland Model Ordinance Page 3 June 6, 2017 Scandia Planning Commission • Section 9.0 o Suggest replacing the DNR's section with a reference to the Scandia Subdivision Ordinance. The DNR section is mostly duplicative and does not include all of the City's standards. Section 10.0 o The City's Development Code permits PUD's, but does not allow increases in density as the DNR's Model ordinance does. The DNR's ordinance is specifically adapted for Shoreland issues, and also allows more commercial development than the City's Code does in most districts. This section may require some significant discussion. °i