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4.a Memo re DNR Model Shoreland OrdinanceMemorandum To: Scandia Planning Commission Copies To: Neil Soltis, City Administrator Brenda Eklund, City Clerk From: Sherri Buss, RLA AICP, Planner Date: November 28. 2017 Reference: DNR New Model Shoreland Ordinance—continuing discussior Project No Routing: 16323.000 The Planning Commission discussed several sections of the Draft ordinance in November. Issues and new information include the following: • Height of Building definition: The Commission asked for a sketch that compares the DNR's definition with the City's definition of building height. Sketches are attached that include the text of the definition and interpretation based on the example sketch in the DNR Model Ordinance. The sketches use a 12' difference between the highest and lowest adjoining ground level, which could be typical for a walk -out situation. In this example, the building would meet the maximum height standard using the DNR definition, but would not comply with the 35' height maximum if using the city's building height definition. The City's definition is the more conservative one, and I think this may be why it was used in the past because of concerns about taller structures "looming over" their neighbors and visibility from the lake. Based on the example, the Commission should make a recommendation about whether to use the City's definition or the DNR's definition in the ordinance update. Based on the examples and the ordinance text, which do you recommend for the Shoreland ordinance? 4.2 Land Uses: The Commission should review the Land Use tables to determine if agreement has been reached on the uses within lake areas, and to determine if the uses along tributary streams will be consistent with the underlying zoning district, or if a table should be included, such as the Model ordinance table in the draft. The shoreland areas around the Tributary Streams in Scandia are located within the Agriculture Core (AG C) zoning district. • Industrial land uses: I took out the references to Industrial land uses in 5.1 and the entire section 5.12 as the Commission recommended. An employee owned company promoting affirmative action and equal opportunity 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292.4400 tkda.com TKDA Memorandum To: Scandia Planning Commission Copies To: Neil Soltis, City Administrator Brenda Eklund, City Clerk From: Sherri Buss, RLA AICP, Planner Date: November 28. 2017 Reference: DNR New Model Shoreland Ordinance—continuing discussior Project No Routing: 16323.000 The Planning Commission discussed several sections of the Draft ordinance in November. Issues and new information include the following: • Height of Building definition: The Commission asked for a sketch that compares the DNR's definition with the City's definition of building height. Sketches are attached that include the text of the definition and interpretation based on the example sketch in the DNR Model Ordinance. The sketches use a 12' difference between the highest and lowest adjoining ground level, which could be typical for a walk -out situation. In this example, the building would meet the maximum height standard using the DNR definition, but would not comply with the 35' height maximum if using the city's building height definition. The City's definition is the more conservative one, and I think this may be why it was used in the past because of concerns about taller structures "looming over" their neighbors and visibility from the lake. Based on the example, the Commission should make a recommendation about whether to use the City's definition or the DNR's definition in the ordinance update. Based on the examples and the ordinance text, which do you recommend for the Shoreland ordinance? 4.2 Land Uses: The Commission should review the Land Use tables to determine if agreement has been reached on the uses within lake areas, and to determine if the uses along tributary streams will be consistent with the underlying zoning district, or if a table should be included, such as the Model ordinance table in the draft. The shoreland areas around the Tributary Streams in Scandia are located within the Agriculture Core (AG C) zoning district. • Industrial land uses: I took out the references to Industrial land uses in 5.1 and the entire section 5.12 as the Commission recommended. An employee owned company promoting affirmative action and equal opportunity Shoreland Model Ordinance Page 2 December 5, 2017 Scandia Planning Commission • Lot Area and Width Standards (Section 6.0): The Commission decided to leave both the Model Ordinance standards and current Scandia standards in the draft and request public comment on whether the City should reduce the minimum sizes to the DNR standards. o Should densities within residential PUD's in Shoreland be permitted to be denser than in the underlying zoning district? Residential PUD's in shoreland typically get a "bonus" density because the 50% of the site must be dedicated as permanent open space, and at least 50% of the shore impact zone must be dedicated as open space. (The City's current PUD ordinance does not permit the overall density of the development to be higher than the underlying zoning district, but the Open Space Development ordinance, which also required significant open space dedication, does allow density bonuses.) o The Commission asked if item 6.23 mean that lots on Big Marine Lake where the City's 201 systems are available meet the DNR's definition of "sewered" lots and can therefore be smaller than "unsewered" lots. The DNR's Shoreland staff said that the lots where the 201 systems are available can be considered "sewered lots. The DNR is willing to permit the smaller lots if a public system with assured maintenance is available to serve the lots. I have added the table showing permitted lot sizes for sewered lots that is included in the DNR's Model Ordinance so the Commission can review this and see if you want to recommend the sewered lot sizes for parcels that can access the 201 systems. • 6.3 Special Residential Lot Provisions: I added some text that indicates that Accessory Dwelling units must be located in the side or rear yards (i.e. between the home and the street on lake lots.) • 6.4 Setbacks and Wetlands: I have updated this section based on the discussion in November. The structure setbacks will be coordinated with the lot areas determined in 6.0. • 1 added an exception for encroachment into small areas of Manage 2 and Manage 3 wetland setbacks. • 1 added a section that indicates that structure setbacks will not be enforced for wetlands that do not require replacement in the Wetland Conservation Act, such as agricultural wetlands and wetlands that have been created by landowners. Please review the proposed exceptions. • 1 deleted the section that permits decks without a variance in some circumstances based on the November PC recommendations. 1 changed the maximum height of structures to 35, same as the current ordinance. • Section 7.0 Performance Standards: o 7.12: took out vegetative screening and replaced it with impervious cover. 7 Shoreland Model Ordinance Page 3 December 5, 2017 Scandia Planning Commission 0 7.2: added text that stairways, lifts, and landings are included in the impervious cover calculations on parcels 0 7.3: deleted this section We will beain the discussion on December 4 with Section 8.0: Section 8.0: Neil has reviewed several sites where the amount of material that was graded did not meet the ordinance requirement for permit, but it still had impacts on adjacent properties or city drainage ways, or impacted steep slopes. Should the standards be modified to require grading permits for any grading or fill within the bluff impact and shore impact zone, and/or to require a lower threshold for other permits? • 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. Next steps could include sending the draft ordinance to the local lake associations and setting a public hearing date. 7