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9.e) Approve the Title and Summary of the Shoreland Management Ordinance Meeting Date: 2/19/2008 Agenda Item: �° �1 J City Council Agenda Report City of Scandia 14727 209�' St. North Scandia,MN 55073 (651)433-2274 Action Requested: Approve the Title and Summary of the Shoreland Management Ordinance for publica.tion(Resolution 02-19-08-02) Deadline/Timeline: . N/A Background: • The Council adopted Ordinance 107 on December 4,2007, contingent upon approval by the Minnesota Department of Natural Resources and publication according to law. • The DNR has approved the ordinance. No changes aze necessary. • A summary has been prepared to save publication costs. If a supermajority(4 of 5) of the Council approves,it can be published in lieu of the entire 29-page ordinance. Recommendation: I recommend that the Council adopt the resolution approving the summary of the Shoreland Management Ordinance for publication. Attachments/ • Draft Resolution 02-19-08-02 Materials provided: . Summary of Ordinance No. 107 Contact(s): Prepared by: Anne Hurlburt, Administrator (shoreland summary publication) Page 1 of 1 02/14/08 CITY OF SCANDIA RESOLUTION NO. 02-19-OS-02 RESOLUTION APPROVING THE TITLE AND SUMMARY OF THE CITY OF SCANDIA SHORELAND MANAGEMENT ORDINANCE WHEREAS,the City Council of the City of Scandia, Washington County,Minnesota has reviewed the title and summary of Ordinance No. 107 which is an Ordinance Adopting a New Chapter of the Development Code of the City of Scandia and Pertaining to Shoreland Management Regulations; and WHEREAS,the City Council has approved the text of the Summary and determined that it does clearly inform the public of the intent and effect of the Ordinance; and WHEREAS, the City Council has directed that a printed copy of the Ordinance be available for inspection in the office of the City Administrator by any person during the regular office hours of the City Administrator and posted on the official website of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SCANDIA,NIINNESOTA: That the Title and Summary of the Ordinance be published in the Forest Lake Times with notice that a printed copy of the Ordinance is available for inspection in the office of the City Administrator by any person during regular office hours of the City Administrator and is also posted on the official website of the City. Adopted by the Council this 19th day of February, 2008. Dennis D. Seefeldt,Mayor ATTEST Anne Hurlburt, City Clerk/Administrator CITY OF SCANDIA SUNIlVIARY OF CITY OF SCANDIA SHORELAND MANAGEMENT ORDINANCE TIiE TITLE AND SUMMARY OF THIS ORDINANCE HAS BEEN PREPARED FOR PUBLICATION PURSUANT TO M. S. §412.191 Subd. 4 ORDINANCE NO. 107 TITLE AN ORDINANCE ADOPTING A NEW CHAPTER 5 OF THE DEVELOPMENT CODE OF THE CITY OF SCANDIA AND PERTAINING TO SHORELAND MANAGEMENT REGULATIONS 1. Title. This Chapter may be known, cited, and referred to as the Scandia "Shoreland Management Regulations". 2. Table of Contents. This Chapter contains the following Sections: SECTION 1. INTENT AND PURPOSE SECTION 2. SCOPE AND APPLICABILTTY SECTION 3. DEFINITIONS SECTION 4. ADMINISTRATION SECTION 5. SHORELAND CLASSIFICATION SYSTEM SECTION 6. LAND USE DISTRICTS SECTION 7. LOT REQUIREMENTS SECTION 8. STRUCTURE AND SEWER SETBACK AND OTHER DESIGN CRITERIA SECTION 9. SHORELAND ALTERATIONS SECTION 10. STORMWATER MANAGEMENT SECTION 11. STANDARDS FOR NON-RESIDENTIAL USES SECTION 12. AGRICULTURAL USE STANDARDS SECTION 13. FOREST MANAGEMENT STANDARDS SECTION 14. WATER SUPPLY SECTION 15. SEWAGE DISPOSAL SECTION 16. FENCES SECTION 17. NONCONFORMING STI'UATIONS SECTION 18. SUBDNISION PROVISIONS 3. Intent and p oses. It is the intent and purpose of these regulations to: (A) Designate suitable land use districts for each body of public water. (B) Regulate the placement of sanitary and waste treahnent facilities on lots. (C) Regulate the area of a lot and the length of water frontage suitable for building sites. 1 (D) Regulate the alteration of shorelands of public waters. (E) Regulate alterations of the natural vegetation and the natural topography along shorelands. (F) Conserve natural resources and maintain a high standard of environmental quality. (G) Preserve and enhance the quality of surface water. (H) Preserve the economic and natural environmental values of shorelands. (n Provide for the utilization of water and related land resources. (J) Maintain water quality, reduce flooding and erosion and to provide sources of food and habitat for a variety of fish and wildlife. 4. General provisions. (A) This new Chapter of the Development Code replaces the Washington County Shoreland Management Regulations (Ordinance #134) previously adopted by reference. It does not apply within the Lower St. Croix River Bluffland & Shoreland overlay district, where Washington County regulations (Ordinance #14, as amended)continue to be adopted by reference (B) This Chapter applies to all land within 1,000 feet from the normal high watermazk of a lake, pond or flowage, and land within 300 feet of a river or stream or the landward side of a floodplain delineated by ordinance on the river or stream, whichever is greater. (C) Administration of this Chapter, including issuance of variances, shall be in accordance with Chapter One of the City of Scandia Development Code. Copies of all notices of public hearings aze required to be given to the Department of Natural Resources. 5. Shoreland classification system. This Chapter lists and classifies the public waters of the City of Scandia consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Washington County, Minnesota. Water bodies are listed and classified as Natural Environment Lakes, Recreation Development Lakes and Rivers and Streams. The shoreland area for the listed water bodies aze shown on the city's official zoning map. 6. Land use districts and development standards. All shoreland areas of lakes in the City of Scandia are designated as Residential Use Districts. Permitted uses are single family residential, parks and historic sites and agricultural (cropland and pasture) uses. Home occupations are pennitted with a Certificate of Compliance. Uses permitted with a Conditional Use permit are bed and breakfast, accessory apartment and places of worship. Open space conservation subdivisions aze allowed by Planned Unit Development Permit. Lot requirements (size, width, coverage) and setbacks for all structures and facilities are established. Additional provisions are provided for accesses to public waters and recreation areas, and for stairways, lifts, landings and steep slopes. 7. Shoreland alterations. A certificate of compliance must be obtained prior to cutting and removal of trees over six (6) inches in diameter, and only selective removal as necessary is permitted. Topographic alterations and grading and filling are limited and require 2 Minnesota Depar�menfi of Natural Resources ""'^^e� DNR Waters- 1200 Warner Road, St. Paul,MN 55106-6793 Telephone: (651)259-5845 Fax: (651) 772-7977 February 14, 2008 ��� The Honorable Dennis Seefeldt Mayor,City of Scandia 14727 209�'St. N. Scandia, MN 55073 Re: STATE.APPROVAL OF CITY OF SCANDIA'S SHORELAND MANANAGEMENT ORDINANCE Dear Mayor Seefeldt: The Departtnent of Natura.l Resources{DNR)has completed its review of the Shoreland Management Regulations foz the City of Scandia adopted December 4,2007, and subsequent re�uest for flexibility from the statewide shoreland rules. It was noted in our review of your ordinance the City of Scandia proposes to vary somewhat from the State Rules for building heigh#, lot width for Goose Lake(82-59P),and Planned Unit Development (PUD)requirements. The city's revisions to the final copy of the ordinance and follow up letter requesting flexibility,received February 8,2008, adequately describes those situations and justifies its request. Therefore,on behalf of the Commissioner and in accordance with Minnesota.Rules,part b120.2800,subpart 3,I hereby approve your request for flexibility, I am also pleased to inform you that your ordinance has been found to be compliant with Minnesota Statutes, Section 103F.201 - 1 Q3F.22 i and Minnesota Rules,Parts 6120.25U0—6120.3900 and hereby approved. Please submit three certified copies of the officially adopted ordinance and the Ordinance Certification Checklist(copy enclosed)to the Central Region Office. We remain available to assist the city with implementation and enforcement af the ordinance.As required by your ordinance,notices of all hearings and notices of decisions for variances,conditional uses,and amendments in shoreland areas must be submitted to the Department. These should be sent directly to Area Hydrologist Travis Germundson at the following address:DNR Waters, 1200 Warner Road, St. Paul,MN 55106. I wish to congratulate you for the efforts of the city council,planning commission, staff,and local citizens have taken towards protecting the water resources of the City of Scandia and the State of Minnesota. Sincerely, ���� � Dale E.Homuth Regional Hydrologist c: Anne Hurlburt, City Administrator Travis Germundson,Area Hydrologist Mike Mueller,Shoreland Hydrologist w�ww.dnrstate.mn.us AN EOUAL OPPORTUNITY EMPLUYE& �a PRINTED ON RECYQED PAPER CONTAINING A MIMIMUM OF lOQ/a POST-CONSUAdER WASTE