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9.b PC Memo DNR Model Shoreland Ordinance Memorandum To: Scandia Planning Commission Reference: DNR New Model Shoreland Ordinance—continuing discussion Copies To: Neil Soltis, City Administrator Brenda Eklund, City Clerk Project No.: 16323.000 From: Sherri Buss, RLA AICP, Planner Routing: Date: August 28, 2017 The Planning Commission began discussing the DNR’s Model Shoreland ordinance at its March meeting, and continued the discussion at the August meeting. The Commission made some recommendations and asked for information on several items. The draft ordinance attached has been updated based on that discussion, on a recent request related to development of some nonconforming parcels along Big Marine Lake, and on the Council’s proposed amendment to repeal the Community Solar Gardens and Solar Farms Ordinance. Updates included the following:  Section 1.0: Purpose section from the City’s ordinance retained.  Section 2.0: revised definitions, including o Added Accessory Dwelling Unit and removed Guest Cottage o Took out Community Solar Gardens and Solar Farms definitions per Council proposed repeal of ordinance o Added pervious pavers to the list of impervious surfaces o The Planning Commission requested more information about the DNR’s term “forested land.” I have added the DNR’s definition of “Forested Land” that is included in Minnesota Statutes for discussion. The DNR definition emphasizes “Forested Land” as lands that are stocked with trees and managed for timber. There may be Tree Farms in Scandia that would fit this definition. Impacts to wooded areas in Scandia are currently regulated by the Woodland and Tree Preservation section of the Development Code, which applies to Subdivisions and new Commercial or Industrial development. General vegetation removal in Shoreland areas is governed by Section 8.0 of the Shoreland Ordinance, Vegetation and Land Alteration. Shoreland Model Ordinance Page 2 September 5, 2017 Scandia Planning Commission Discussion: Should the Forested Land definition and Section 5.3 of Chapter 5 be retained in the Shoreland Ordinance?  Section 3.0: o Added the specific information from Minnesota Statutes that relates to nonconformities in Shoreland areas. This information was not included in the previous ordinance, and some of the specific items for Shoreland areas are not included in the Nonconformities section in Chapter 1 of the Development Code. We discovered some items when reviewing a recent request for some nonconforming lots on Big Marine Lake. While City staff could look this info up in the Statutes based on the reference, it may also be helpful to have it in the Shoreland Ordinance.  Section 4.0: o Updated the uses table based on the August discussion. “Duplex” is highlighted based on the Commission’s request to give some additional consideration to permitting duplexes in Shoreland areas. o Took out Community Solar Gardens and Solar Farms as permitted uses.  Section 5.0: The Commission’s Discussion will continue starting here. 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 o 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) o 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. Some items for discussion: 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 Shoreland Model Ordinance Page 3 September 5, 2017 Scandia Planning Commission 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? o 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.  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.