7.b ii. Report on Ordinance to amend Chapter 5 of the Development Code - Shoreland Management Regulations(1)
Memorandum
To: Scandia City Council Reference: Scandia Shoreland Ordinance –
Adoption
Copies To: Neil Soltis, City
Administrator
Brenda Eklund, City Clerk
Project No.: 16623.000
From: Sherri Buss, RLA AICP,
Planner
Routing:
Date: May 7, 2018
Background—Ordinance Process
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 meet Scandia’s needs. The Commission
held a public hearing on the Draft Shoreland Ordinance at its meeting on April 3 and made its
final recommendations regarding the ordinance standards. Staff sent a copy of the draft
ordinance that the Commission recommended to the Minnesota DNR for the required agency
review.
Most of the public comments at the hearing encouraged the City to maintain the higher
standards for lot sizes, lot width, and setbacks that it has in its current ordinance, rather than
adopt the smaller lot sizes permitted in the state Shoreland rules in the updated ordinance. The
Planning Commission recommended the higher standards based on goals in the
Comprehensive Plan to protect the City’s lakes and natural resources.
The DNR conditionally approved the City’s updated Shoreland Ordinance on April 30, 2018
(letter attached). The conditional approval required some final minor changes to the ordinance.
Staff have completed the updates in ordinance that is attached for Council consideration.
The Planning Commission recommends that the City Council adopt the updated Ordinance.
There is one significant issue remaining for Council discussion—the wetland setback
requirements—discussed below.
Proposed Changes to the Shoreland Management Regulations
The list below identifies the most significant changes proposed in the updated Ordinance from
the current ordinance:
Shoreland Model Ordinance Page 2 May 15, 2018
City Council Adoption
Expanded list of regulated waters -- The Planning Commission recommended that the
City update the ordinance so that it would regulate Shoreland areas around all of the
Public Waters in the City, based on the goals in the comprehensive plan to protect the
quality of surface waters in Scandia, and to be consistent regarding the types and sizes
of water bodies that are regulated by the Shoreland Ordinance. This change will
significantly increase the area around public water bodies in Scandia that must meet the
Shoreland Ordinance standards.
Wetland Setbacks – The updated ordinance replaces the current requirement for a
uniform 75’ setback from the boundaries of all wetlands (called “unclassified water
bodies” in the ordinance). The draft ordinance would generally adopt the wetland buffer
requirements that are recommended by the Board of Water and Soil Resources and
used by local watershed districts as the required setbacks—higher quality wetlands
would require larger setbacks than low quality wetlands. The standards use the
Washington County setback requirements from wetlands for on-site septic systems (75’).
The section also exempts some small wetlands from the setback requirements—
consistent with the Minnesota Wetland Conservation Act regulations.
The new setback requirements will require that applicants complete a state-approved
wetland classification assessment with wetland delineations to determine the wetland
classification so that the City can require the appropriate setback.
PUDs -- The draft ordinance would permit residential 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. The City’s current Shoreland ordinance permits Open Space Developments
as PUDs in Shoreland areas, but does not permit other PUDs.
DNR Flexibility and Comments on Scandia’s Ordinance
The DNR’s approval letter noted that it has granted flexibility to the City from the state’s Model
Ordinance standards in several areas:
The DNR will continue to grant flexibility to permit building heights up to 35 feet, which
was granted to the City in 2008. The Model Ordinance standard is 25 feet.
The DNR will continue to grant flexibility for lot area and lot width standards on Goose
Lake. The flexibility was granted because the lot width and area standards on public
waters in Scandia in general are significantly larger that the DNR’s minimum standards.
The DNR will allow the City to permit accessory dwelling units that are not counted as
density units within Shoreland areas because Scandia’s lot area and lot width standards
for single-family lots are higher than the minimum standards in the Model Ordinance.
The DNR’s comments also noted the following:
The DNR appreciates that the City’s ordinance includes higher minimum lot size and
width standards in most shoreland areas than the minimums required in the state rules.
The DNR appreciates that some of the required structure setbacks in the City’s
ordinance are higher than the minimum standards required in the state rules.
The DNR cited the new standard included in the ordinance that includes stairways and
landings in the lot coverage calculation on shoreland lots as innovative.
Shoreland Model Ordinance Page 3 May 15, 2018
City Council Adoption
Item for Council Discussion and Decision – Wetland Setback Requirements
The Carnelian-Marine-St. Croix Watershed District submitted comments on the City’s Draft
Shoreland Ordinance last week. The comments noted that there are some differences among
the CMSCWD, CLFLWD wetland buffer requirements and the City’s proposed setbacks. Staff
have discussed this issue (since the comments came after the Planning Commission’s public
hearing and discussion of the ordinance), and suggest the following:
The District’s rules are intended for wetland buffers (vegetated areas that help to protect
wetland quality and function) not structure setback requirements. There are similarities
in purpose between buffers and setbacks, but the application of these concepts is not
identical--there are some differences between the regulation of buffers and setbacks.
For example 1) buffers typically permit “averaging” while structure setbacks in zoning
ordinances usually do not. Structure setbacks try to maintain consistency among lots in
a neighborhood. 2) The required County setbacks from wetlands for on-site septic
systems must be used for locating those systems, and cannot be averaged. Septic
systems must be located to meet the County setback requirements, not the wetland
buffer requirements.
Staff recommend that the “averaging” that the Watershed Districts permit for wetland
buffers not be adopted for structure setbacks.
Each of the Districts’ buffer standards are based on the state Wetland Classification
descriptions developed by the Board of Water and Soil Resources and BWSR’s
recommended buffer widths. CLFLWD adopted the BWSR classification descriptions
and names directly, but CMSCWD shifted the category names from the BWSR system—
the BWSR “Preserve” wetland category description is very similar to the CMSCWD
“Manage 1” category description, and so on through the categories.
Rather than have different setbacks or naming systems in each Watershed district area
in Scandia, staff suggest using the BWSR Classification and naming system, since it is
what the state’s assessment tool (called MnRAM) for determining the wetland
classifications is based on. The MnRAM assessment tool would be completed with
wetland delineations to determine the wetland classification for applying the setback
requirements. The BWSR wetland setback recommendations are consistent with the
District buffer requirements.
Staff have modified the text in the ordinance to take out the reference to the Watershed District
regulations and to use the BWSR classification system and buffer recommendations for each
category. The City’s setback requirements will be similar to the District buffer requirements, but
this will avoid the different naming systems used by the Districts. The revision also specifies
that the state’s MnRAM assessment method must be used with wetland delineations to
determine the wetland classification.
If the City requires wetland setbacks that are based on completion of wetland delineations and
the functions and values assessment to determine the wetland classification (and therefore the
required setback), applications received during the winter season may need to wait until spring
when a wetland delineation can be completed to determine the required setbacks. If the City’s
Shoreland Model Ordinance Page 4 May 15, 2018
City Council Adoption
goal is to base the required setbacks on wetland quality rather than a one-size-fits-all setback, it
is difficult to avoid that issue. One option may be to give owners the an option to accept a 75’
setback in lieu of completing the wetland functions and values assessment, if the City can
determine with the Washington Conservation District that the wetland is not a “Preserve”
wetland. This delay occurs with existing applications when a wetland delineation is needed, and
requests frequently include conditions that a delineation must be completed prior to obtaining a
building permit.
The DNR’s Model Ordinance does not include wetland setback requirements. The City can
determine the setbacks and policies related to wetland setbacks that it will include in the
ordinance.
Minnesota Department of Natural Resources • Division of Ecological and Water Resources
1200 Warner Road, St. Paul, MN, 55106
Minnesota Department of Natural Resources
Ecological and Water Resources Division
Central Region Headquarters
1200 Warner Road, St Paul MN 55106
April 30, 2018
Sherri Buss, Scandia City Planning Consultant
City of Scandia
14727 209th Street North
Scandia, MN 55073
Re: DNR Conditional Approval of City of Scandia’s Shoreland Ordinance
Sherri –
Thank you for submitting the City of Scandia’s proposed shoreland ordinance to the DNR for conditional
approval review. A shoreland ordinance is an important land use regulation that helps to protect surface water
quality, near shore habitat and shoreland aesthetics of Minnesota’s public waters. The objective of this review is
to evaluate the City’s ordinance for compliance with the state shoreland rules. State rules require DNR approval
of shoreland ordinances and amendments for those ordinances to be effective.
We have reviewed your proposed ordinance dated 4/4/2018 for compliance with the state shoreland rules (MR
6120.2500 – 6120.3900). The shoreland model ordinance translates these rules into local ordinance language
and is used for evaluating proposed ordinances and amendments.
We are pleased to inform you that the City’s proposed shoreland ordinance is substantially compliant with the
statewide rules and is approved with the following conditions of approval:
1. Modify the City’s shoreland ordinance to reflect changes to provisions requested by DNR shown in red
on the attached draft ordinance document. We have also commented in yellow on a number of
provisions where intent is not clear. Please provide clarification on these sections prior to DNR’s final
review and approval.
2. Return the attached “Ordinance Processing Checklist” and documents identified on the checklist.
DNR grants flexibility to the following standards:
1. DNR will continue to grant flexibility for a height standard of 35 feet (approved by DNR in 2008).
2. DNR will grant flexibility to single and duplex lot area and lot width standards on Goose Lake (82-59P),
a Natural Environment lake. This flexibility is being granted because the lot width and area standards
for all other regulated public waters with shoreland classifications within the City are significantly
larger than what is required under the shoreland standards. However, prior to this flexibility being
Minnesota Department of Natural Resources • Division of Ecological and Water Resources
1200 Warner Road, St. Paul, MN, 55106
granted, the proposed lot width standards for duplex lots on Recreational Development lakes must be
changed to meet the state standards (change duplex riparian lot width from 160 feet to 225 feet and
duplex nonriparian lot width from 160 feet to 265 feet).
3. It is acceptable for the City to not count accessory dwelling units as density units because the City’s lot
area and lot width standards for single lots are greater than what is required under the shoreland
rules for duplex lot sizes.
The following are the next steps for completing and receiving final DNR approval for your ordinance:
1. Revise the ordinance based on the conditions listed above under conditional approval.
2. The City adopts the ordinance revised according to the listed conditions.
3. Email the completed Ordinance Processing Checklist (attached) and the documents identified on the
checklist within 10 days of the City’s decision to:
• Jenifer Sorensen at jenifer.sorensen@state.mn.us and
• ordinance.review.dnr@state.mn.us
4. DNR will review the ordinance adopted by the City for consistency with the above conditions.
5. If the adopted ordinance is consistent with the conditions of approval, DNR will send the City of
Scandia a final approval letter. The ordinance will not be effective until DNR provides final approval.
We appreciate your efforts to protect shoreland resources for all present and future Minnesotans. Area
Hydrologist Jenifer Sorensen will continue to be available to help Scandia administer the ordinance and to
consult with you on other water-related projects and plans, and their implementation.
Sincerely,
Jeanne Daniels
MN Department of Natural Resources
Region 3 South District Manager
Ecological & Water Resources Division
1200 Warner Road
St. Paul, MN 55106
651-380-2537
jeanne.daniels@state.mn.us
CC: Neil Soltis, Scandia City Administrator
Jenifer Sorensen, DNR Area Hydrologist
Ordinance.review.dnr@state.mn.us
Attachments: City of Scandia Shoreland Management Regulations Ordinance (Received 4/4/2018