7.a 1 PC Memo DNR Model Shoreland Ordinance 11.14.17
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: November 6, 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, on the amendment repealing the
Community Solar Gardens and Solar Farms Ordinance, and the need to update the wetland
setback requirement in the ordinance based on several recent variances.
The wetland setback issue is discussed in more detail in a separate memo, attached.
Updates since our last discussion included the following in Sections 1.0-4.0. We will begin the
discussion on November 14 with Section 5.0:
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 Added the definition of “structure”
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
Shoreland Model Ordinance Page 2 November 14, 2017
Scandia Planning Commission
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.
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
Items for discussion on November 14:
o 6.4 – Should the City adopt the DNR Model setback requirements into the new
ordinance or keep the existing standards, which are higher in some cases?
o Wetland buffer setbacks table
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:
Shoreland Model Ordinance Page 3 November 14, 2017
Scandia Planning Commission
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?
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.