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7.a Report on amending Chapter 5 of the Development Code Shoreland Management Regulations444 Cedw 5lreel, 5vte 1500 Saint Paul, MN 55101 651 292,4400 tkda.com TKD Memorandum To: Scandia Planning Commission Copies To: Neil Soltis, City Administrator Brenda Eklund, City Clerk From: Sherri Buss, RLA AICP, Planner Date: March 28. 2018 Reference: Scandia Draft Updated Shoreland Ordinance —Public Hearing Project No Routing: 16623.000 The Planning Commission has been working on updating the City's Shoreland Ordinance during the past year. The Commission used the DNR's new Model Shoreland Ordinance as the basis for the update, and modified the Model Ordinance to adapt to meet Scandia's needs. A copy of the draft ordinance is attached to this memo, and is available on the City's website. The Commission will hold a public hearing on the Draft Shoreland Ordinance at its meeting on April 3, at 7 p.m. at the City Hall and Community Center. The City sent a copy of the draft ordinance to local lake associations to give their members time to review the draft and provide comments to help the City finalize the ordinance. The list below identifies some sections of the draft ordinance where the City is considering changes from the current ordinance. The Planning Commission is seeking lake association and public comments on those items as well as the entire draft ordinance. Quick Comparison of the New Model Shoreland Management Ordinance with Scandia's Current Shoreland Management Regulations The key changes that are proposed in the draft ordinance include the following: 1. Section 2.1 — Jurisdiction. The Jurisdiction section language matches the DNR's Model Ordinance language, which requires that the City regulate the shoreland areas of water bodies that are greater than 10 acres in size. However, Minnesota Statutes 103F (referenced in the Model language) also includes a list of the water bodies that the City must regulate, and this list includes all Types 3, 4 and 5 wetlands that are 2.5 acres in size or larger. The lanauaae of Jurisdiction section and the list in Section 4.1 will reauire some further consideration by the City, to decide if it wants to regulate only the Shoreland areas of water bodies that are larger than 10 acres, or also designate and regulate Shoreland areas around all Type 3, 4 and 5 wetlands that are 2.5 acres and larger. (Shoreland areas are 1,000 feet from the OHWL of lakes and wetlands) An ernptoyeeowned cmpany prorminq clirrmailye 1301 on aid equal uppo-rluWly Shoreland Model Ordinance Page 2 April 3, 2018 Public Hearing Neil will provide maps at the public hearing for this discussion. 2. Section 2.6 – Definitions. The definitions section was revised and graphic illustrations were added to help to explain items such as "bluffs" and "height of building." The height of building definition is the same one that is used in the City's Zoning Ordinance. Some definitions have been added, such as "accessory dwelling unit," that are used in the Scandia Zoning Ordinance but are not in the state Model Ordinance. 3. Section 3.7 –Nonconformities. This section includes the regulations for nonconforming lots that are in Scandia's Zoning Ordinance and in State Statutes. Item D is specific to shoreland areas. 4. Section 4.1 – Shoreland Classification System and Land Uses. This section updates the list of lakes and streams that are now classified by the State of Minnesota as "public waters" and are therefore subject to the Shoreland regulations, and shows their classifications. 5. Section 4.1 – Land Uses – This section lists the land uses that are proposed to be allowed or permitted with a CUP in the Shoreland areas around Recreational Development Lakes and Natural Environment Lakes. The items in red type are different from the current City ordinance. 6. Section 6.0 – Lot Area and Width Standards – The Planning Commission is requesting that lake associations and the public review this section and provide comments on whether the City should continue to use its existing standards for lot area and width (shown in red type) or should adopt the DNR Model Ordinance standards (shown in black type). The DNR standards would allow smaller lots and higher densities on parcels that develop in the future around the lakes than the City's standards. 7. Section 6.4 A– Placement Height and Design of Structures – The Planning Commission is requesting that lake associations and the public review this section and provide comments on whether the City should continue to use its structure and septic system setbacks (noted on the table), or adopt the DNR Model Ordinance standards. The City's setback requirements are higher for Natural Environment Lakes and streams than the DNR Standards. The DNR would allow the City to require smaller setbacks when lots are developed using the City's 201 septic systems—the City's current ordinance does not permit this. 8. Section 6.4 B– Wetland Setbacks – This is a new section that replaces the current requirement for a 75' setback from the boundaries of all wetlands (called "unclassified water bodies" in the ordinance). The draft ordinance would adopt the wetland buffer requirements that are used by local watershed districts as the required setbacks—higher quality wetlands would require larger setbacks than low quality wetlands. The section also exempts some small wetlands from the setback requirements—consistent with the Minnesota Wetland Conservation Act regulations. 9. Section 8.3 – Grading and Filling – This section sets the requirements for when grading and land alteration permits are needed. The thresholds in Shoreland areas would be lower than in non-Shoreland areas. The City has been concerned with changes that 7 Shoreland Model Ordinance Page 3 April 3, 2018 Public Hearing have occurred on some lots that have affected adjacent lots where permits were not required in the past. 10. Section 10.0 — PUDs — the draft ordinance would permit Planned Unit Developments (PUDs), and adopts the DNR's standards for PUDs, which require dedication of a significant portion of shoreland area in exchange for higher densities in some parts of the PUD. City staff have attached a DNR handout that helps to explain the requirements for PUDs. 7 S2-169 ti4 I TW*M W 92 -17; Bow W 82-54 P 3� W V S2-1]1 W almh 13-104W 000 se S_ -5g p 13.105 w �� Owl Girmn 82-56 P V I 0 Big Mat ins K-]2 P Im FL -,b 32 -61 P Fssm'assCn • Pared 32."a [4 q c *Y nt 6 _ t2-280 w Vu�,-212 W New can la SC Groin River _ � 4 97 25 30 Sand 8.1-6'P 1, - .284 36 p i SI -283 P 82-:13 P 31 t� �R TvBuc w�aiz'.&S 1 NQt' lu ctj2�C-'rj� GZDmj4rX�' DEPARTMENT OF NATURAL RESOURCES Shoreland Informational Sheet Residential PUDs — Determining Allowed Density PUDs in shoreland allow increased density in exchange for the preservation of open space on sensitive lands that are less suitable for development. The allowable density increases can be calculated using the steps identified in the example below for an 18 acre development on a Recreational Development lake. Step 1— Identify density analysis tiers • Divide the portion of the parcel in shoreland into tiers by drawing one or more lines parallel to the Ordinary High Water Level (OHWL) at interval specified in the zoning ordinance for the relevant lake classification • Determine total area in each tier. Only land areas above the OHWL may be considered — — — — — Step 2 — Calculate suitable area for development Calculate the suitable area within each tier by excluding wetlands, bluffs, and land below the OHWL from the total area in each tier. Unsuitable area should be included in the area allocated to the 50% open space requirement. Bluff Allowable Adjusted 267 ft Tier Tier 3 Tier 2 267 ft Minimum Lot Size Bonus Wetland 267 ft Tier 1 1 water Units per tier Step 2 — Calculate suitable area for development Calculate the suitable area within each tier by excluding wetlands, bluffs, and land below the OHWL from the total area in each tier. Unsuitable area should be included in the area allocated to the 50% open space requirement. Residential PUDs in Shoreland Minnesota DNR — Division of Ecological and Water Resources Created June 2017 Allowable Adjusted Minimum Lot Size Bonus Units Total table Suitable Units per tier Allowable Proposed Tier or Lake Class Base Density Density transferred Are Area Area with Bonus Units per Units { wered RD) Factor to next tier Density tier 1 201 02 68,804 132,698 2 319, 88 152,046 167,242 3 295,6 14,144 281,479 Total 1 816,413 34,994 581,411 0.01 0 Residential PUDs in Shoreland Minnesota DNR — Division of Ecological and Water Resources Created June 2017 DEPARTMENT OF NATURAL RESOURCES Step 3 — Determine base density Shoreland Informational Sheet Divide the suitable area within each tier by the minimum single residential lot area for the relevant water body classification (GD, RD, NE) to yield the base density, or number of dwelling units allowed. For Tier 1 use the riparian lot area, for all other tiers, use the non -riparian lot area. Step 4 — Determine if the site can accommodate base density and any increased density • If the site design can accommodate all the required design standards including the 50% open space, then bonus density may be considered by multiplying the base density by the bonus density factor to yield the allowable dwelling units. ra ®ON � o OVA Allowable Adjusted Allowable Adjusted View re a 1a ►�� I i%V � ►� Minimum Lot Size Bonus Minimum Lot Size Units Wetlard gamesome Total Unsuitable Suitable Units per tier Allowable Proposed Tier 1 Tier Units per tier lowable Proposed for Lake Class Ba7eDnsiDensity Water - Tier transferred for Lake Class Area Area Area 417 with Bonus Units per Units Area Area Area (Sewered RD) Factor with Bonus nits per Units to next tier (Sewered RD) Density tier 1 201,502 68,804 132,698 20,000 6.6349 Density 2 319,288 152,046 167,242 15,000 11.14946667 201,502 68,804 132,698 20,000 6.6349 3 295,623 14,144 281,479 15,000 18.76526667 2 319,288 152,046 167,242 Total 1 816,413 1 234,994 581,419 1 1 0.0 0 Step 4 — Determine if the site can accommodate base density and any increased density • If the site design can accommodate all the required design standards including the 50% open space, then bonus density may be considered by multiplying the base density by the bonus density factor to yield the allowable dwelling units. • To take advantage of bonus density, structure setbacks from the OHWL must be at least 50% greater than the minimum setback; or the impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional acceptable means and the setback is at least 25% greater than the minimum setback. • Allowable densities may be transferred from any tier to any other tier further from the waterbody, but must not be transferred to any tier closer to the waterbody • Develop site plan and coordinate plan review with local government Residential PUDs in shoreland ra ®ON � o OVA Allowable Adjusted View re a 1a ►�� I i%V � ►� ► ►1� �� l� Tier 2 Minimum Lot Size Bonus Wetlard gamesome Units li Total Unsuitable Suitable Tier 1 Units per tier lowable Proposed Water - Tier for Lake Class Base Density Density 417 transferred Area Area Area with Bonus nits per Units (Sewered RD) Factor to next tier Density tier 1 201,502 68,804 132,698 20,000 6.6349 1.5 10.0 7 3.0 2 319,288 152,046 167,242 15,000 11.14946667 1 2.0 22.3 .25.3 18 7.3 3 295,623 14,144 281,479 15,000 18.76526667 1 3.0 56.3 63.5 44 Total 816,413 234,994 581,419 88. 1 69 • To take advantage of bonus density, structure setbacks from the OHWL must be at least 50% greater than the minimum setback; or the impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional acceptable means and the setback is at least 25% greater than the minimum setback. • Allowable densities may be transferred from any tier to any other tier further from the waterbody, but must not be transferred to any tier closer to the waterbody • Develop site plan and coordinate plan review with local government Residential PUDs in shoreland Minnesota DNR — Division of Ecological and Water Resources Created June 2017 ra ®ON � o OVA View re a 1a ►�� I i%V � ►� ► ►1� �� l� Tier 2 Wetlard gamesome li Open .. Tier 1 Water - 3 3 417 Minnesota DNR — Division of Ecological and Water Resources Created June 2017