HomeMy WebLinkAbout02-04-09-WSChair
Clayton Larson
Commissioners
EN HILLS
1245 W. Highway 96
Arden Hills,, 55112
Andrew Holewa
Liz Modesette
651.792.7800
Janet Stodota
Arden Hills
www.ci.arden-hills.mn.us
Roberta Thompson
Clayton Zimmerman
Planning Commission
Work Session
February 4, 2009
City Vision
A strong community that values our unique environment, our fiscal soundness,
and our tradition as a desirable city in which to live, work, and play.
Agenda
Planning Commission Work Session
Convenes after the Regular Meeting
Call to Order
1. APPROVAL OF THE AGENDA
2. Topics
A. Discussion on Shoreland Regulations and Potential Revisions
3. ADJOURNMENT
R quorum of the City Council may be present at this meeting.
Planning Cases are available online at:
http://www.ci.arden-hills.mn.us/planningcases
,,�ARZEN HILLS
MEMORANDUM
DATE: February 4, 2009 PC Agenda Item 2 9
TO: Planning Commission
FROM: James Lehnhoff, Community Development Director
Charles Roberts, Community Development Intern
SUBJECT: Shoreland Management Ordinance Work Session
City of Arden Hills
ATTACHMENTS: A — City of Arden Hills Shoreland Management Ordinance
B — Selected Excerpts from the DNR Example Shoreland Management
Ordinance
Requested Action
The planning commission is being asked to discuss potential means of improving the City's
shoreland ordinance (Attachment A) for clarity and greater consistency with the Minnesota
Department of Natural Resource's (DNR) guidelines. The primary purpose of this work session
is to gather questions from the Planning Commission and to have preliminary discussions about
potential changes to the shoreland regulations. No formal action will be taken.
Goals and Priorities
Before continuing, it is important to determine what the City's goals and priorities are for
reviewing the shoreland regulations. What do we hope to accomplish and what issues need to be
addressed? Completing this first step will help staff perform additional research, address open
questions, and set priorities. In order of importance, please write down your top four goals for
this shoreland review process.
1.
2.
3.
4.
City of Arden Hills
Planning Commission Meeting for February 4, 2009
lWhdocsllahWHdatalPlanninglPlanning Cases 12009109-003 Shoreland Preservation Ordinance 1020409 -PC report - Shoreland Regulation
Ordinance.doc Page 1 of 6
Backiround
The current set of shoreland regulations was updated in early 2002 as part of the re -codification
of the overall City Code and to address certain requirements in the Minnesota Department of
Natural Resources (DNR) shoreland regulations. While that ordinance update did address some
of the technical requirements set by the DNR, there were a number of holes and unaddressed
issues remaining after that update. Concurrently, Staff has been faced with a number of
.
questions and concerns expressed by local property owners that are not explicitly addressed In
the existing ordinance. These scenarios have introduced the need for greater clarification to the
City's shoreland ordinance so that it may be able to promptly address common issues and
concerns as they pertain to public waters and wetlands.
The DNR has started an update process to the statewide shoreland regulations, which is the
foundation for shoreland regulations in virtually all cities. Based on conversations with the
DNR., any draft rules would not be available until at least April 2009 and that final updates could
still be a number of years away pending state approval. In the interim, the DNR recommended
Staff review the alternative shoreland management standards that were published in December
2005, though those standards are more suited to undeveloped areas. While future changes to the
statewide regulations may impact the City's ordinance, Staff recommends moving forward with
our update process so that local needs can be addressed.
Identified Issues
As part of this update project, Staff has identified a number of open issues and concerns. While
some of these concerns can be addressed with existing DNR regulations and guidelines, others
do not have official guidance from the DNR or are not adequately addressed by the DNR. Staff
has gathered a considerable amount of research; however, additional input is needed before
moving forward with drafting any ordinance changes. The below lists are not considered final,
and Staff encourages additional questions and suggestions. The lists are divided into two parts,
those issues that have guidance from the DNR and those without official guidance or additional
guidance is needed. Staff has included preliminary recommendations for a number of the issues.
NOTE: For those issues with DNR regulations (#1-8), please consult Attachment B for relevant
excerpts from the DNR Example Shoreland Management Ordinance.
Guided by DNR Regulations and Guidelines:
1. Grading limits
• According to the City's shoreland management ordinance, an administrative variance
is required for grading and filling of less than 400 cubic yards per parcel or acre of
land, whichever is greater. A conditional use permit is required for grading in excess
of 400 cubic yards.
• The DNR has stricter standards for grading and filling on steep slopes within shore
impact zones and bluff impact zones. The DNR also lists conditions that must be met
City of Arden Hills
Planning Commission Meeting for February 4, 2009
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Ordinance.doc Page 2 of 6
prior to the granting of any permit. (see below for information on the shore impact
zone)
• Staff recommends incorporating the DNR's grading regulations into the shoreland
ordinance.
2. Measuring Lot Setbacks
a. "String line" setbacks — applies to new home construction and reconstruction
• This provision is where the City may require a principal structure to be set
back greater than the standard shore setback if the adjacent homes exceed the
standard shore setback. For example, if the homes on either side of a lot are
60 feet from the lake, the City could require the new home to be 60 feet back
from the lake instead of the standard 50 feet. This is meant to preserve views
of existing homes that are farther from the lake from being blocked by new
homes that could be closer to the lake. It is called a string line setback
because it would be like taking a string from the two adjacent lots to
determine the setback of the middle lot.
• The DNR includes a similar provision though the language is different.
• While the goal of this provision is to protect site lines, the application of the
provision is difficult and sometimes controversial. The provision either needs
to be reworded or removed.
b. Structures/decks, accessory structures, etc
• The City and DNR have matching setbacks for structures from the Ordinary
High Water Mark (OHW). No changes are needed for the setback numbers.
• The City does not address decks in its shoreland ordinance. The DNR
classifies an attached deck as part of the principal structure and a detached
deck (i.e. gazebo) as a water -orientated accessory structure. Decks are subject
to the same size, design and setback requirements as structures or water -
orientated accessory structures depending on whether it is attached or
detached.
• The City does not allow water -orientated accessory structures, which means
people could not construct structure in the lake setback area. While the DNR
model ordinance includes provisions for water -oriented accessory structures,
they often recommend that cities do not allow them since it increases
impervious surface in the shoreland setback.
• Staff recommends clarifying the City's ordinance to note that all structures
and patios, including decks and storage buildings, be outside the shoreland
setback. There are separate provisions for stairs, landings, and walkways.
3. Stairs, landings and walkways
• The City does not address stairs, landings or walkways in its shoreland management
ordinance.
The DNR has model regulations for stairs, landings and walkways.
Staff recommends adopting the DNR's model ordinance for stairs, landings, and
walkways.
City of Arden Hills
Planning Commission Meeting for February 4, 2009
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Ordinance.doc Page 3 of 6
4. Shore impact zone
• The City does not incorporate the shore impact zone in its shoreland ordinance.
• The DNR defines the shore impact zone as an area inland between the OHW and 50
percent of the structure setback (for example, if the structure setback is 50 feet the
shore impact zone is the first 25 feet from the lake). The DNR has regulations for the
placement of structures, roads, parking, signs, and lighting within the shore impact
zone.
• Staff recommends adopting the shore impact zone definition and applying the
definition where needed.
5. Additional definitions
• The DNR has a list of 44 definitions in its shoreland management that cities should
include for minimum compliance. The City's regulations do not include or fully
include 15 of those definitions in its Zoning Code. Definitions in the DNR ordinance
that do not pertain to Arden Hills have been omitted.
• Staff recommends adopting the applicable DNR definitions into the City's ordinance.
6. Controlled access lots
• Refers to a lot on the lake that is jointly owned by non -lake (non -riparian) lots for
shared access to public waters.
• The City does not address controlled access lots in its shoreland management
ordinance, though there are a few such lots in the City.
• The DNR has model regulations for controlled access lots that regulate usage.
• Adopting the DNR's model regulations for controlled access lots may be helpful, but
new controlled access lots in Arden Hills are unlikely. A number of cities prohibit
new controlled access lots.
7. Enhanced variance standards
• The City permits variances with the additional requirement that the DNR is notified at
least 10 days prior to a hearing or action on the request.
• The DNR permits cities to grant variances in line with state statute and requires the
10 day notice before hearing and actions. However, the DNR includes additional
provisions for variance review.
• Staff recommends adopting the enhanced DNR variance review standards.
8. PUD and subdivisions
• The City has limited guidelines for PUDs and lacks specific guidelines for
subdivisions in its shoreland management ordinance. While Chapter 11 of the City
Code regulates subdivisions, there appears to be no specific ordinances pertaining
strictly to shoreland areas.
• The DNR has model regulations for subdivisions and PUDs. The DNR's PUD model
ordinances may not be needed since they are largely intended for vacant shoreland
and other large redevelopments along the shoreland that are unlikely to occur in
Arden Hills The commercial -oriented PUD regulations were not included since
Arden Hills does not have any commercial land along the shoreline.
City of Arden Hills
Planning Commission Meeting for February 4, 2009
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Ordinance.doc Page 4 of 6
• Staff recommends adopting applicable subdivision standards. Additional review of
the PUD ordinances is needed before making a recommendation.
Points nine through 15 below are either not addressed by the DNR, or the City has complied with
DNR regulations but there are still open issues. Based on our review other city ordinances, there
are not any standard methods to address most of these issues.
No or Insufficient DNR Guidelines:.
9. Storage along the shoreline: boats, docks, boatlifts, etc
• The City does not allow the storage of watercraft within 10 feet of the shoreline. The
City's definition of watercraft is: "Motorized water -oriented vehicles including, but
not limited to, power boats, cruisers, jet skies, fishing/hunting boats, pontoon boats,
and any non -motorized craft with greater than a two person capacity."
• The DNR has model regulations for water -orientated accessory structures where
watercraft may be stored but does not address boats, docks, etc. As noted above, the
City does not permit water oriented accessory structures.
• Do we want to further regulate the storage of docks, boat lifts, and smaller
recreational equipment? To what extent?
10. Dock setbacks
• Although most cities defer to the DNR for dock regulations, the DNR does not have
specific dock setbacks from side property lines. A few cities have required docks to
follow side yard setbacks for structures or only permit docks within the center third of
the property's shoreland.
• Are dock setbacks needed?
11. Dock usage.
• The City does not permit docks and/or associated storage to make up more than 10
percent of a property's shoreland width. Along the west side of Lake Johanna, there
are a handful of lots with less than 20 feet of shoreline, which would limit a dock to
no more than two feet in width. Docks are typically four or more feet wide, although
the DNR allows docks up to eight feet wide without a permit.
• Most cities lack any type of comparable regulation to Arden Hills. To make these
smaller lots usable, we should look at amending the regulations to allow docks of
reasonable width on smaller lots.
12. Wetland setbacks
• A number of cities have wetland setbacks and the Rice Creek Watershed District
encourages the adoption of such setbacks. The setbacks may be consistent for all
wetlands or vary depending on the type of wetland. Cities have adopting varying
classifications for wetlands.
• Staff recommends adopting wetland setbacks.
13. Fence setbacks
• Most cities do not have specific setbacks for fences in shoreland districts, instead
applying their regular fencing guidelines. A few have height and setback standards in
City of Arden Hills
Planning Commission Meeting for February 4, 2009
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Ordinance.doc Page 5 of 6
place, but approaches are not consistent. One option is to prohibit new fences in the
shoreland impact zone to keep them from blocking views and causing shoreland
problems.
• Staff recommends prohibiting fence setbacks in the shore impact zone. The City may
consider prohibiting new fences in the entire shoreland setback.
14. Clarification of impervious/pervious coverage
• The DNR limits impervious surfaces to 25 percent of the lot area in residential areas.
Many cities are equally or more restrictive.
• The City of Arden Hills is less restrictive with a coverage limit of 35 percent.
• Staff does not recommend changing the impervious coverage limits because it would
cause many homes to become nonconforming. However, staff does recommend
clarifying the definition of what is included in impervious coverage and noting that
impervious coverage is not allowed in the shoreland setback area, except for
walkways and stairs as noted above.
15. Enhance or clarify regulations for removing vegetation along the shoreland
• The City is currently in line with DNR restrictions on selective vegetation removal
and clear -cutting. There have been some concerns about these regulations in the past,
but we have been unable to find a good alternative set of regulations.
• With the adoption of the tree preservation ordinance, the City may not need additional
vegetation removal regulations. What other concerns regarding vegetation removal
remain?
As we draft new or revise existing ordinances, we will focus on clarity and enforceability. While
it is virtually impossible to gain 100 percent conformance with the regulations, it is important to
adopt regulations that have a reasonable ability to be enforced. In the process of reviewing these
regulations, it is likely that new issues will be added while others may not need to be regulated.
In instances where there are not guidelines from the DNR and no trends amongst other cities, we
should evaluate if new or additional regulations are actually needed.
Attachments
A — City of Arden Hills Shoreland Management Ordinance
B — Selected Excerpts from the DNR Example Shoreland Management Ordinance
City of Arden Hills
Planning Commission Meeting for February 4, 2009
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Ordinance.doc Page 6 of 6
Attachment A
City of Arden Hills Shoreland
,!tt
,AR�EN HILLS
February 4, 2009
Management Ordinance
City of Arden Hills Chapter 13 Zoning Code
Section 1330 - Shoreland Regulations
1330.01 General Provisions.
Subd. 1 Purpose and Intent. The uncontrolled use of shorelands of the City affects
the public health, safety and general welfare not only by contributing to pollution of
public waters, but also by impairing the local tax base. Therefore, it is in the best
interest of the public health, safety and welfare to provide for the wise development
of shorelands of public waters. The Legislature of Minnesota has delegated
responsibility to the municipalities of the State to regulate the subdivision, use and
development of the shorelands of public waters and thus preserve and enhance the
quality of surface waters, preserve the economic and natural environmental values of
shorelands, and provide for the wise utilization of waters and related land resources.
This responsibility shall hereby be recognized by the City.
Subd. 2 Statutory Authorization. This Section shall be adopted pursuant to the
authorization contained in furtherance of the policies declared in Minnesota Statutes
Sections 103F and 462 and Minnesota Rules Parts 6120.2500-6120-3900.
Subd. 3 Interpretation. In their interpretation and application, the provisions of this
Section shall be held to be minimum requirements and shall be liberally construed in
favor of the City, and its City Council, and shall not be deemed a limitation or repeal
of any other powers granted by State Statutes.
Subd.4 Abrogation and Greater Restrictions. It shall not be intended by this
Section to repeal, abrogate or impair any existing easements, covenants or deed
restrictions. However, where this Section imposes greater restrictions, the provisions
of this Section shall prevail.
Subd. 5 Applicability. This Section shall apply to all lands located within the
boundaries of the shoreland management districts.
1330.02 Shoreland Management Districts and Uses.
Subd. 1 Classification of Lakes. In order to guide the wise
utilization of shorelands of protected waters for the preservation
natural characteristics, economic values and general health, sa
certain protected waters in the City have been given a shore:
classification. These protected waters of the City have been
commissioner of natural resources as follows:
Section 1330 — Shoreland Regulations
Adopted: November 13, 2006
Page 1 of 8
development and
of water quality,
Fety and welfare,
land management
classified by the
City of Arden Hills Chapter 13 Zoning Code
Subd.2 Establishment of Shoreland Management Districts; Zoning Map. The
boundaries of the shoreland management districts are hereby continued as shown on
the map entitled "Official Zoning Map of Arden Hills, Minnesota," which map shall
be properly approved and filed in the office of the City Administrator. The shoreland
management districts overlay existing zoning districts of the City also shown on the
official zoning map pursuant to this Code and the City of Arden Hills Zoning Code.
As indicated in this Section, certain portions of the shorelands in the shoreland
management districts are classified general development, recreational development,
or natural environment lakes. The map and all of the notations, references and other
information shown thereon shall have the same force and effect as if set forth in this
Section at length.
Subd. 3 Boundaries of Shoreland Management Districts. The boundaries of the
shoreland management districts shall be determined by scaling distances on the
official zoning map. Where interpretation is needed as to the exact location of the
boundaries of a shoreland management district shown on the official zoning map, for
example where there appears to be a conflict between a mapped boundary and actual
field conditions, the City Council shall make the necessary interpretation based upon
topographic elevations and other available technical data. Persons contesting the
location of the shoreland management district boundaries shall be given a reasonable
opportunity to present their case to the City Council and to submit technical evidence.
Subd.4 Permitted Uses. All permitted uses allowed and regulated by the
applicable zoning district underlying the shoreland management districts as indicated
Section 1330 — Shoreland Regulations
Adopted: November 13, 2006
Page 2 of 8
City of Arden Hills Chapter 13 Zoning Code
on the official Zoning Map of the City shall be permitted in a shoreland management
district.
Subd. 5 Conditional Uses. All conditional uses and applicable attached conditions
allowed and regulated by the applicable zoning district underlying the shoreland
management districts as indicated on the official Zoning Map of the City shall be
conditional permitted uses therein.
Subd. 6 Prohibited Uses. Any permitted or conditional uses that are not permitted
by the applicable zoning district underlying the shoreland management districts as
indicated on the official Zoning Map of the City shall be prohibited in the shoreland
management district.
Subd.7 Water -oriented Accessory Structures. New water -oriented accessory
structures shall be prohibited. Existing water -oriented accessory structures, including
boathouses, shall be considered legal, non -conforming structures that may be
continued, maintained, or replaced subject to the provisions in Section 1350.
1330.03 District Provisions.
Subd.1 District Requirements. The following standards shall apply to all
shorelands of the protected waters listed in this Section. Where the requirements of
the underlying zoning district as shown on the official zoning map are more
restrictive than those set forth in this Section, then the more restrictive standards shall
apply:
Lot Area (square feet):
40 000 20 000 14 000
Riparian Lot
'
Lot Area (square feet) : Non-
----------
14 000 14 000 14,000 (for District R-1)
I�iparian Lot
11,000 (for Districts R-2, R-3, R-4)
Minimum Water Frontage
and Width at Building Line
125 75 75
(feet)
................................................................................................................................................................................................................
. ....
...... ............................................................................................................e.................................................................................................................................................................
Structure Minimum Setback
..
from Ordinary High Water
150 75 50
Mark (feet)
.................................. ................................................................................................... .........................................................................
............ ;...................................................................................................... ......... :... .
................................................................................................................................................................
Structure Minimum Setbacks
40 for Districts R-1, R-2, R-3, R-4
from Streets and Highways
50 for Districts B-1, B-2, I-2
(feet)55
...............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
for District I-1
Structure Maximum Height
35 for District R-1, R-2, R-3, R-4, B-1, B-25 I-1
(feet)
45 for District I-2
Maximum Lot Area Covered
3 5 for District R- l , R-2, R-3, R-4
by Impervious Surface (%)
65 for District I-1
75 for District B-1, B-25 I-2
Section 1330 — Shoreland Regulations
Adopted: November 13, 2006
Page 3 of 8
City of Arden Hills Chapter 13 Zoning Code
Subd.2 Nonconforming Lots. Lots of record in the office(s) of the County
Recorder and/or Registrar of Titles prior to the date of enactment of this Code which
do not meet the requirements maybe allowed as building sites provided:
A. The use is permitted in the zoning district; and,
B. The lot is in separate ownership from abutting lands; and
C. All other sanitary and dimensional requirements of this Section are
complied with insofar as practical and in accordance with Section
1310.03.
Subd. 3 Nonconforming structures and uses shall comply with Section 1350 of this
Zoning Code
Subd. 4 Roads and Parking Areas. Roads and parking areas shall be located to
retard the runoff of surface waters and nutrients in accordance with the following
criteria:
A. Where feasible and practical, all roads and parking areas shall meet the
setback requirements established for structures of this Section.
B. In no instance shall these impervious roads or parking surfaces be
placed less than fifty (50) feet from the ordinary high water mark.
C. Natural vegetation or other natural materials shall be used to screen
parking areas when viewed from the water.
Subd. 5 Elevation of Lowest Floor.
A. Structures shall be placed at an elevation consistent with the City's
flood plain management controls as set forth in Section 1335 of this Code.
B. In areas not regulated by flood plain management controls, the
elevation to which the lowest floor, including basements, shall be placed
shall be determined as follows:
1. For lakes, ponds, and flowages, by (a) an elevation of available
flood information and consistent with "Statewide Standards and
Criteria for Management of Flood Plain Areas of Minnesota," or (b)
placing the lowest floor at a level at least three (3) feet above the
highest known water level. In those instances where sufficient data on
known high water levels are not available, the ordinary high water
mark shall be used.
Section 1330 — Shoreland Regulations
Adopted: November 13, 2006
Page 4 of 8
City of Arden Hills Chapter 13 Zoning Code
2. For streams, by an evaluation of available flood information and
consistent with "Statewide Standards and Criteria for Management of
Flood Plain Areas of Minnesota."
Subd. 6 Exceptions to Structure Setback Requirements.
C. Boathouses, Piers, Docks. Setback requirements from the ordinary
high water mark shall not apply to piers, and docks. Location of piers and
docks shall be controlled by applicable State and local regulations.
D. Adjacent Lots. On undeveloped shoreland lots that have two (2)
adjacent lots with existing principal structures on both such adjacent lots,
any new residential structure may be set back the average setback of the
adjacent structures from the ordinary high water mark or fifty (50) feet,
whichever is greater, provided all other provisions of the shoreland
management districts are complied with.
Subd. 7 On-site Sewage Treatment Systems. All permitted uses and special uses
within the shoreland management districts shall be served with public sewer. No
private on-site sewage treatment systems shall be permitted.
Subd. 8 Shoreland Alterations.
A. Removal of Natural Vegetation. The removal of natural vegetation
shall be restricted to prevent erosion into protected waters, to consume
nutrients in the soil, and to preserve shoreland aesthetics. Removal of
natural vegetation in the shoreland management districts shall be subject
to the following provisions:
1. Selective removal of natural vegetation shall be allowed, provided
that sufficient vegetative cover remains to screen cars, dwellings and
other structures when viewed from the water.
2. Clear -cutting of natural vegetation shall be prohibited.
3. Natural vegetation shall be restored insofar as feasible after any
construction project is completed to retard surface runoff and soil
erosion.
B. Grading and Filling. Grading and filling in shoreland management
districts or any alteration of the natural topography where the slope of the
land is toward a protected water or watercourse leading to a protected
water shall only be authorized by a permit. If the amount of grading,
excavation, or filling is less than four hundred (400) cubic yards per single
parcel or four hundred (400) cubic yards per acre of land, whichever is
greater, an administrative permit shall be required. If the amount of
grading, excavation, or filling exceeds four hundred (400) cubic yards per
Section 1330 — Shoreland Regulations
Adopted: November 13, 2006
Page 5 of 8
City of Arden Hills Chapter 13 Zoning Code
acre of land, whichever is greater, a Conditional Use Permit shall be
required. Such permits shall be applied for and approved in accordance
with this Code and with Section 1325.08 of the City of Arden Hills Zoning
Code. Any such permit may be granted subject to the conditions that:
1. The smallest amount of bare ground shall be exposed for as short a
time as feasible.
2. Temporary ground cover, such as mulch, shall be used and
permanent ground cover, such as sod, shall be established.
3. Methods to prevent erosion and trap sediments shall be employed.
4. Fill shall be stabilized to accepted engineering standards, approved
by the City engineer.
C. Protected Water/Wetlands. Any work which shall change or diminish
the course, current or cross section of a protected water or wetland shall be
approved by the Commissioner of Natural Resources, and the approval
shall be construed to mean the issuance by the Commissioner of Natural
Resources of a permit under the procedures of Minnesota Statutes, Section
105.42 and other related statutes.
Subd. 9 Subdivisions. No land shall be subdivided which shall be held unsuitable
by the City for the proposed use because of flooding, inadequate drainage, soil and
rock formations with severe limitations for development, severe erosion potential,
unfavorable topography, inadequate water supply or sewer access, or any other
feature likely to be harmful to the health, safety, or welfare of future residents of the
proposed subdivision or of the community.
Subd. 10 Planned Unit Developments. Planned unit developments may be permitted
in accordance with this Code and the City of Arden Hills Zoning Code, provided that
preliminary plans are approved by the Commissioner of Natural Resources prior to
their approval by the City, and further provided that:
A. Open space is preserved through the use of restrictive deed covenants,
public dedications, or other methods.
B. The following factors shall be carefully evaluated to ensure the
increased density of development shall be consistent with the resource
limitations of the protected water:
1. Suitability of the site for the proposed use;
2. Physical and aesthetic impact of increased density;
3. Level of current development;
Section 1330 — Shoreland Regulations
Adopted: November 13, 2006
Page 6 of 8
City of .Arden Hills Chapter 13 Zoning Code
4. Amount and ownership of undeveloped shoreland;
5. Levels and types of water surface use and public accesses;
6. Possible effects on overall public use.
C. Any commercial, recreational, community, or religious facility
allowed as part of the planned unit development shall conform to all
applicable Federal and State regulations including, but not limited to, the
following:
1. Licensing provisions or procedures;
2. Building codes;
3. Safety regulations;
4. Regulations concerning the appropriation and use of "protected
waters" as defined by State law;
5. Applicable regulations of the Minnesota Environmental Quality
Board.
D. The final plan for a planned unit development shall not be modified,
amended, repealed, or otherwise altered unless approved in writing by the
developer, the municipality, and the commissioner.
E. There shall be centralized shoreline recreation facilities such as
beaches, docks and boat launching facilities.
Subd. 11 Variances. Variances to the requirements of this Section may be granted in
accordance with the provisions of this code and Section 1355.04 Subd 4 of the City of
Arden Hills Zoning Code.
1330.04 Administration.
Subd. 1 Construction Projects; Developments. All applications for building
permits, conditional use permits, variances and planned unit development permits for
projects located within shoreland management districts shall be subject to, and
administered by, in addition to the provisions of this Section, all applicable provisions
of this Code and the City of Arden Hills Zoning Code.
Subd. 2 Subdivisions. All applications for preliminary and final plats and minor
subdivisions located within shoreland management districts shall be subject to, in
addition to the provisions of this Section, all applicable provisions of this Code and
shall be administered as described in this Code.
Section 1330 — Shoreland Regulations
Adopted: November 13, 2006
Page 7 of 8
City of Arden Hills Chapter 13 Zoning Code
Subd. 3 Notification of the Commissioner of Natural Resources.
A. Variances. A copy of any request for a variance to the provisions of
this Section or plats which propose any lots which require variances to the
lot area and dimensional requirements of this Section or the notice of a
public hearing to consider a special use permit or planned unit
development permit shall be sent to the Commissioner of Natural
Resources such that notice shall be received by the commissioner at least
ten (10) days prior to the hearing or action on the request.
B. Amendments. A copy of all amendments to this Section and final
decisions granting variances or conditional uses within the shoreland
management districts shall be sent to the Commissioner of Natural
Resources within ten (10) days of the amendment or final action.
C. Plats. Copies of all plats within the shoreland management districts
shall be submitted to the Commissioner of Natural Resources within ten
(10) days of final approval by the City.
Section 1330 — Shoreland Regulations
Adopted: November 13, 2006
Page 8 of 8
Attachment B
Selected Excerpts from the DNR Example
Shoreland Management Ordinance
'It
EN HILLS
February 4, 2009
1. Grading Limits
5.0 - ZONING AND WATER SUPPLY/SANITARY PROVISIONS
5.3 Shoreland Alterations
5.32 Topographic Alterations/Grading and Filling.
A. Grading and filling and excavations necessary for the construction of
structures, sewage treatment systems, and driveways under validly issued
construction permits for these facilities do not require the issuance of a separate
grading and filling permit. However, the grading and filling standards in this
Section must be incorporated into the issuance of permits for construction of
structures, sewage treatment systems, and driveways.
B. Public roads and parking areas are regulated by Section 5.4 of this ordinance.
C. Notwithstanding Items A. and B. above, a grading and filling permit will be
required for:
(1) the movement of more than ten (10) cubic yards of material on steep
slopes or withinshore or bluff impact zones; and
(2) the movement of more than 50 cubic yards of material outside of steep
slopes and shore and bluff impact zones.
D. The following considerations and conditions must be adhered to during the
issuance of construction permits, grading and filling permits, conditional use
permits, variances and subdivision approvals:
(1) Grading or filling in any type 29 3, 4, 5, 6, 7, or 8 wetland must be
evaluated to determine how extensively the proposed activity would affect
the following functional qualities of the wetland*:
(a) sediment and pollutant trapping and retention;
(b) storage of surface runoff to prevent or reduce flood damage;
(c) fish and wildlife habitat;
(d) recreational use;
(e) shoreline or bank stabilization; and
(f) noteworthiness, including special qualities such as historic
significance, critical habitat for endangered plants and animals, or
others.
*This evaluation must also include a determination of whether the
wetland alteration being proposed requires permits, reviews, or
approvals by other local, state, or federal agencies such as a
watershed district, the Minnesota Department of Natural
Resources, or the United States Army Corps of Engineers. The
applicant will be so advised.
(2) Alterations must be designed and conducted in a manner that ensures
only the smallest amount of bare ground is exposed for the shortest time
possible;
(3) Mulches or similar materials must be used, where necessary, for
temporary bare soil coverage, and a permanent vegetation cover must be
established as soon as possible;
(4) Methods to minimize soil erosion and to trap sediments before they
reach any surface water feature must be used;
(5) Altered areas must be stabilized to acceptable erosion control standards
consistent with the field office technical guides of the local soil and water
conservation districts and the United States Soil Conservation Service;
(6) Fill or excavated material must not be placed in a manner that creates
an unstable slope;
(7) Plans to place fill or excavated material on steep slopes must be
reviewed by qualified professionals for continued slope stability and must
not create finished slopes of 30 percent or greater;
(8) Fill or excavated material must not be placed in bluff impact zones;
(9) Any alterations below the ordinary high water level of public waters
must first be authorized by the commissioner under Minnesota Statutes,
section 105.42;
(10) Alterations of topography must only be allowed if they are accessory
to permitted or conditional uses and do not adversely affect adjacent or
nearby properties; and
(11) Placement of natural rock riprap, including associated grading of the
shoreline and placement of a filter blanket, is permitted if the finished
slope does not exceed three feet horizontal to one foot vertical, the
landward extent of the riprap is within ten feet of the ordinary high water
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level, and the height of the riprap above the ordinary high water level does
not exceed three feet.
E. Connections to public waters. Excavations where the intended purpose is
connection to a public water, such as boat slips, canals, lagoons, and harbors,
must be controlled by local shoreland controls. Permission for excavations may be
given only after the commissioner has approved the proposed connection to
public waters.
5.4 Placement and Design of Roads, Driveways, and Parking Areas.
5.41 Public and private roads and parking areas must be designed to take advantage of
natural vegetation and topography to achieve maximum screening from view from public
waters. Documentation must be provided by a qualified individual that all roads and
parking areas are designed and constructed to minimize and control erosion to public
waters consistent with the field office technical guides of the local soil and water
conservation district, or other applicable technical materials.
5.42 Roads, driveways, and parking areas must meet structure setbacks and must not be
placed within bluff and shore impact zones, when other reasonable and feasible
placement alternatives exist. If no alternatives exist, they may be placed within these
areas, and must be designed to minimize adverse impacts.
5.43 Public and private watercraft access ramps, approach roads, and access -related
parking areas may be placed within shore impact zones provided the vegetative screening
and erosion control conditions of this subpart are met. For private facilities, the grading
and filling provisions of Section 5.32 of this ordinance must be met.
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2. Setbacks for Structures, Decks, and Accessory Structures OncludinLy "String Line"
Setbacks
5.0 - ZONING AND WATER SUPPLY/SANITARY PROVISIONS
5.2 Placement, Design, and Height of Structures.
5.21 Placement of Structures on Lots. When more than one setback applies to a site,
structures and facilities must be located to meet all setbacks. Where structures exist on
the adjoining lots on both sides of a proposed building site, structure setbacks may be
altered without a variance to conform to the adjoining setbacks from the ordinary high
water level, provided the proposed building site is not located in a shore impact zone or
in a bluff impact zone. Structures shall be located as follows.
A. Structure and On-site Sewage System Setbacks (in feet) from Ordinary High
Water Level*.
Setbacks*
Classes of Structures
Public Waters Sewered
Lakes
Natural
Environment 150
Recreational
Development 100
General
Development 75
*One water -oriented accessory structure designed in accordance with Section 5.22
of this ordinance maybe set back a minimum distance often (10) feet from the
ordinary high water level.
B. Additional Structure Setbacks. The following additional structure setbacks
apply, regardless of the classification of the waterbody:
Setback From:
(1) top of bluff;
(2) unplatted cemetery;
(3) right-of-way line of
federal, state, or
county highway; and
(4) right-of-way line of
Setback (in feet)
30
50
50
C!
town road, public street,
or other roads or streets
not classified.
C. Bluff Impact Zones. Structures and accessory facilities, except stairways and
landings, must not be placed within bluff impact zones.
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3. Regulations for Stairs, Landings, and Walkways
5.0 - ZONING AND WATER SUPPLY/SANITARY PROVISIONS
5.2 Placement, Design, and Height of Structures.
5.22 Design Criteria For Structures.
C. Stairways, Lifts, and Landings. Stairways and lifts are the preferred alternative
to major topographic alterations for achieving access up and down bluffs and
steep slopes to shore areas. Stairways and lifts must meet the following design
requirements:
(1) stairways and lifts must not exceed four feet in width on residential
lots. Wider stairways may be used for commercial properties, public open -
space recreational properties, and planned unit developments;
(2) landings for stairways and lifts on residential lots must not exceed 32
square feet in area. Landings larger than 32 square feet may be used for
commercial properties, public open -space recreational properties, and
planned unit developments;
(3) canopies or roofs are not allowed on stairways, lifts, or landings;
(4) stairways, lifts, and landings may be either constructed above the
ground on posts or pilings, or placed into the ground, provided they are
designed and built in a manner that ensures control of soil erosion;
(5) stairways, lifts, and landings must be located in the most visually
inconspicuous portions of lots, as viewed from the surface of the public
water assuming summer, leaf -on conditions, whenever practical; and
(6) facilities such as ramps, lifts, or mobility paths for physically
handicapped persons are also allowed for achieving access to shore areas,
provided that the dimensional and performance standards of subitems (1)
to (5) are complied with in addition to the requirements of Minnesota
Regulations, Chapter 1340.
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4. Shore Impact Zone Regulations
5.0 - ZONING AND WATER SUPPLY/SANITARY PROVISIONS
5.2 Placement, Design, and Height of Structures.
5.21 Placement of Structures on Lots ... Where structures exist on the adjoining lots on
both sides of a proposed building site, structure setbacks may be altered without a
variance to conform to the adjoining setbacks from the ordinary high water level,
provided the proposed building site is not located in a shore impact zone or in a bluff
impact zone...
5.4 Placement and Design of Roads, Driveways, and Parking Areas.
5.42 Roads, driveways, and parking areas must meet structure setbacks and must not be
placed within bluff and shore impact zones, when other reasonable and feasible
placement alternatives exist. If no alternatives exist, they may be placed within these
areas, and must be designed to minimize adverse impacts.
5.43 Public and private watercraft access ramps, approach roads, and access -related
parking areas may be placed within shore impact zones provided the vegetative screening
and erosion control conditions of this subpart are met. For private facilities, the grading
and filling provisions of Section 5.32 of this ordinance must be met.
5.6 Special Provisions for Commercial, Industrial, Public/Semipublic, Agricultural, Forestry and
Extractive Uses and Mining of Metallic Minerals and Peat. REMOVED — does not apply to
Arden Hills.
8.0 -PLANNED UNIT DEVELOPMENTS (PUD's)
8.6 Maintenance and Design Criteria
8.62 Open Space Requirements. Planned unit developments must contain open space
meeting all of the following criteria:
(8) the shore impact zone, based on normal structure setbacks, must be included
as open space. For residential PUD's, at least 50 percent of the shore impact zone
area of existing developments or at least 70 percent of the shore impact zone area
of new developments must be preserved in its natural or existing state. For
commercial PUD's, at least 50 percent of the shore impact zone must be preserved
in its natural state.
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5. Missing Definitions from the City of Arden Hills Zoning Code
SECTION 2.0 - GENERAL PROVISIONS AND DEFINITIONS
2.7 Definitions
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so
as to give them the same meaning as they have in common usage and so as to give this ordinance
its most reasonable application. For the purpose of this ordinance, the words "must" and "shall"
are mandatory and not permissive. All distances, unless otherwise specified, shall be measured
horizontally.
2.712 Bluff. "Bluff' means a topographic feature such as a hill, cliff, or embankment
having the following characteristics (an area with an average slope of less than 18 percent
over a distance for 50 feet or more shall not be considered part of the bluff):
(1) Part or all of the feature is located in a shoreland area;
(2) The slope rises at least 25 feet above the ordinary high water level of the
waterbody;
(3) The grade of the slope from the toe of the bluff to a point 25 feet or more
above the ordinary high water level averages 30 percent or greater; and
(4) The slope must drain toward the waterbody.
2.722 Dwelling site. "Dwelling site" means a designated location for residential use by
one or more persons using temporary or movable shelter, including camping and
recreational vehicle sites.
2.723 Dwelling unit. "Dwelling unit" means any structure or portion of a structure, or
other shelter designed as short- or long-term living quarters for one or more persons,
including rental or timeshare accommodations such as motel, hotel, and resort rooms and
cabins.
2.725 Forest land conversion. "Forest land conversion" means the clear cutting of
forested lands to prepare for a new land use other than reestablishment of a subsequent
forest stand.
2.730 Intensive vegetation clearing. "Intensive vegetation clearing" means the complete
removal of trees or shrubs in a contiguous patch, strip, row, or block.
2.733 Nonconformity. "Nonconformity" means any legal use, structure or parcel of land
already in existence, recorded, or authorized before the adoption of official controls or
amendments thereto that would not have been permitted to become established under the
terms of the official controls as now written, if the official controls had been in effect
prior to the date it was established, recorded or authorized.
2.734 Ordinary high water level. "Ordinary high water level" means the boundary of
public waters and wetlands, and shall be an elevation delineating the highest water level
which has been maintained for a sufficient period of time to leave evidence upon the
landscape, commonly that point where the natural vegetation changes from
predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high
water level is the elevation of the top of the bank of the channel. For reservoirs and
flowages, the ordinary high water level is the operating elevation of the normal summer
pool.
2.737 Residential planned unit development. "Residential planned unit development"
means a use where the nature of residency is nontransient and the major or primary focus
of the development is not service-oriented. For example, residential apartments,
manufactured home parks, time-share condominiums, townhouses, cooperatives, and full
fee ownership residences would be considered as residential planned unit developments.
To qualify as a residential planned unit development, a development must contain at least
five dwelling units or sites.
2.741 Sewage treatment system. "Sewage treatment system" means a septic tank and soil
absorption system or other individual or cluster type sewage treatment system as
described and regulated in Section 5.8 of this [DNR Shoreland] ordinance.
2.742 Sewer system. "Sewer system" means pipelines or conduits, pumping stations, and
force main, and all other construction, devices, appliances, or appurtenances used for
conducting sewage or industrial waste or other wastes to a point of ultimate disposal.
2.743 Shore impact zone. "Shore impact zone" means land located between the ordinary
high water level of a public water and a line parallel to it at a setback of 50 percent of the
structure setback.
2.745 Significant historic site. "Significant historic site" means any archaeological site,
standing structure, or other property that meets the criteria for eligibility to the National
Register of Historic Places or is listed in the State Register of Historic Sites, or is
determined to be an unplatted cemetery that falls under the provisions of Minnesota
Statutes, section 307.08. A historic site meets these criteria if it is presently listed on
either register or if it is determined to meet the qualifications for listing after review by
the Minnesota state archaeologist or the director of the Minnesota Historical Society. All
unplatted cemeteries are automatically considered to be significant historic sites.
2.746 Steep slope. "Steep slope" means land where agricultural activity or development is
either not recommended or described as poorly suited due to slope steepness and the site's
soil characteristics, as mapped and described in available county soil surveys or other
technical reports, unless appropriate design and construction techniques and farming
practices are used in accordance with the provisions of this ordinance. Where specific
information is not available, steep slopes are lands having average slopes over 12 percent,
as measured over horizontal distances of 50 feet or more, that are not bluffs.
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2.750 Toe of the bluff. "Toe of the bluff' means the lower point of a 50 -foot segment
with an average slope exceeding 18 percent.
2.751 Top of the bluff. "Top of the bluff' means the higher point of a 50 -foot segment
with an average slope exceeding 18 percent.
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6. Controlled Access Lots
5.0 - ZONING AND WATER SUPPLY/SANITARY PROVISIONS
5.1 Lot Area and Width Standards.
5.14 Additional Special Provisions.
D. Lots intended as controlled accesses to public waters or as recreation areas for
use by owners of nonriparian lots within subdivisions are permissible and must
meet or exceed the following standards:
(1) they must meet the width and size requirements for residential lots, and
be suitable for the intended uses of controlled access lots.
(2) If docking, mooring, or over -water storage of more than six (6)
watercraft is to be allowed at a controlled access lot, then the width of the
lot (keeping the same lot depth) must be increased by the percent of the
requirements for riparian residential lots for each watercraft beyond six,
consistent with the following table:
Controlled Access Lot Frontage Requirements
Ratio of lake size Required increase to shore length in frontage
(acres/mile) (percent)
Less than 100 25
100-200
20
201-300
15
301-400
10
Greater than 400
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(3) they must be jointly owned by all purchasers of lots in the subdivision
or by all purchasers of nonriparian lots in the subdivision who are
provided riparian access rights on the access lot; and
(4) covenants or other equally effective legal instruments must be
developed that specify which lot owners have authority to use the access
lot and what activities are allowed. The activities may include watercraft
launching, loading, storage, beaching, mooring, or docking. They must
also include other outdoor recreational activities that do not significantly
conflict with general public use of the public water or the enjoyment of
normal property rights by adjacent property owners. Examples of the
nonsignificant conflict activities include swimming, sunbathing, or
picnicking. The covenants must limit the total number of vehicles allowed
to be parked and the total number of watercraft allowed to be continuously
moored, docked, or stored over water, and must require centralization of
all common facilities and activities in the most suitable locations on the lot
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to minimize topographic and vegetation alterations. They must also
require all parking areas, storage buildings, and other facilities to be
screened by vegetation or topography as much as practical from view from
the public water, assuming summer, leaf -on conditions.
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7. Variance Standards
SECTION 3.0 - ADMINISTRATION
3.3 Variances
3.31 Variances may only be granted in accordance with Minnesota Statutes, Chapter 394
(for counties) or 462 (for municipalities), as applicable. A variance may not circumvent
the general purposes and intent of this ordinance. No variance may be granted that would
allow any use that is prohibited in the zoning district in which the subject property is
located. Conditions may be imposed in the granting of a variance to ensure compliance
and to protect adjacent properties and the public interest. In considering a variance
request, the board of adjustment must also consider whether the property owner has
reasonable use of the land without the variance, whether the property is used seasonally
or year-round, whether the variance is being requested solely on the basis of economic
considerations, and the characteristics of development on adjacent properties.
3.32 The board of adjustment shall hear and decide requests for variances in accordance
with the rules that it has adopted for the conduct of business. When a variance is
approved after the Department of Natural Resources has formally recommended denial in
the hearing record, the notification of the approved variance required in Section 3.42
below shall also include the board of adjustment's summary of the public
record/testimony and the findings of facts and conclusions which supported the issuance
of the variance.
3.33 For existing developments, the application for variance must clearly demonstrate
whether a conforming sewage treatment system is present for the intended use of the
property. The variance, if issued, must require reconstruction of a nonconforming sewage
treatment system.
3.4 Notifications to the Department of Natural Resources
3.41 Copies of all notices of any public hearings to consider variances, amendments, or
conditional uses under local shoreland management controls must be sent to the
commissioner or the commissioner's designated representative and postmarked at least
ten days before the hearings. Notices of hearings to consider proposed
subdivisions/plats must include copies of the subdivision/plat.
3.42 A copy of approved amendments and subdivisions/plats, and final decisions
granting variances or conditional uses under local shoreland management controls
must be sent to the commissioner or the commissioner's designated representative and
postmarked within ten days of final action.
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8e PUD and Subdivision Regulations
SECTION 7.0 - SUBDIVISION/PLATTING PROVISIONS
7.11 Land suitability. Each lot created through subdivision, including planned unit
developments authorized under Section 8.0 of this ordinance, must be suitable in its
natural state for the proposed use with minimal alteration. Suitability analysis by the local
unit of government shall consider susceptibility to flooding, existence of wetlands, soil
and rock formations with severe limitations for development, severe erosion potential,
steep topography, inadequate water supply or sewage treatment capabilities, near -shore
aquatic conditions unsuitable for water-based recreation, important fish and wildlife
habitat, presence of significant historic sites, or any other feature of the natural land likely
to be harmful to the health, safety, or welfare of future residents of the proposed
subdivision or of the community.
7.12 Consistency with other controls. Subdivisions must conform to all official controls
of this community. A subdivision will not be approved where a later variance from one or
more standards in official controls would be needed to use the lots for their intended
purpose. In areas not served by publicly owned sewer and water systems, a subdivision
will not be approved unless domestic water supply is available and a sewage treatment
system consistent with Sections 5.2 and 5.8 can be provided for every lot. Each lot shall
meet the minimum lot size and dimensional requirements of Section 5. 1, including at
least a minimum contiguous lawn area, that is free of limiting factors sufficient for the
construction of two standard soil treatment systems. Lots that would require use of
holding tanks must not be approved.
7.13 Information requirements. Sufficient information must be submitted by the applicant
for the community to make a determination of land suitability. The information shall
include at least the following:
(1) topographic contours at ten -foot intervals or less from United States
Geological Survey maps or more accurate sources, showing limiting site
characteristics;
(2) the surface water features required in Minnesota Statutes, section 505.02,
subdivision 1, to be shown on plats, obtained from United States Geological
Survey quadrangle topographic maps or more accurate sources;
(3) adequate soils information to determine suitability for building and on-site
sewage treatment capabilities for every lot from the most current existing sources
or from field investigations such as soil borings, percolation tests, or other
methods;
(4) information regarding adequacy of domestic water supply; extent of
anticipated vegetation and topographic alterations; near -shore aquatic conditions,
including depths, types of bottom sediments, and aquatic vegetation; and
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proposed methods for controlling stormwater runoff and erosion, both during and
after construction activities;
(5) location of 100 -year flood plain areas and floodway districts from existing
adopted maps or data; and
(6) a line or contour representing the ordinary high water level, the "toe" and the
"top" of bluffs, and the minimum building setback distances from the top of the
bluff and the lake or stream.
7.14 Dedications. When a land or easement dedication is a condition of subdivision
approval, the approval must provide easements over natural drainage or ponding areas for
management of stormwater and significant wetlands.
7.15 Platting. All subdivisions that create five or more lots or parcels that are 2-1/2 acres
or less in size shall be processed as a plat in accordance with Minnesota Statutes, Chapter
505. No permit for construction of buildings or sewage treatment systems shall be issued
for lots created after these official controls were enacted unless the lot was approved as
part of a formal subdivision.
7.16 Controlled Access or Recreational Lots. Lots intended as controlled accesses to
public waters or for recreational use areas for use by nonriparian lots within a subdivision
must meet or exceed the sizing criteria in Section 5.14 of this ordinance.
8.0 -PLANNED UNIT DEVELOPMENTS (PUD's)
8.1 Types of PUD's Permissible
Planned unit developments (PUD's) are allowed for new projects on undeveloped land,
redevelopment of previously built sites, or conversions of existing buildings and land. The land
use districts in which they are an allowable use are identified in the land use district descriptions
in Section 4.2 of this ordinance and the official zoning map.
8.2 Processing of PUD's
Planned unit developments must be processed as a conditional use, except that an expansion to
an existing commercial PUD involving 6 or less new dwelling units or sites since the date this
ordinance was adopted is permissible as a permitted use provided the total project density does
not exceed the allowable densities calculated in the project density evaluation procedures in
Section 8.5. Approval cannot occur until the environmental review process (EAW/EIS) is
complete.
8.3 Application for a PUD
The applicant for a PUD must submit the following documents prior to final action being taken
on the application request:
8.31 A site plan and/or plat for the project showing locations of property boundaries,
surface water features, existing and proposed structures and other facilities, land
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alterations, sewage treatment and water supply systems (where public systems will not be
provided), and topographic contours at ten -foot intervals or less. When a PUD is a
combined commercial and residential development, the site plan and/or plat must indicate
and distinguish which buildings and portions of the project are residential, commercial, or
a combination of the two.
8.32 A property owners association agreement (for residential PUD's) with mandatory
membership, and all in accordance with the requirements of Section 8.6 of this ordinance.
8.33 Deed restrictions, covenants, permanent easements or other instruments that: 1)
properly address future vegetative and topographic alterations, construction of additional
buildings, beaching of watercraft, and construction of commercial buildings in residential
PUD's; and 2) ensure the long-term preservation and maintenance of open space in
accordance with the criteria and analysis specified in Section 8.6 of this ordinance.
8.34 When necessary, a master plan/drawing describing the project and the floor plan for
all commercial structures to be occupied.
8.35 Those additional documents as requested by the (designated
official/body) that are necessary to explain how the PUD will be designed and will
function.
8.4 Site "Suitable Area" Evaluation
Proposed new or expansions to existing planned unit developments must be evaluated using the
following procedures and standards to determine the suitable area for the dwelling unit/dwelling
site density evaluation in Section 8.5.
8.41 The project parcel must be divided into tiers by locating one or more lines
approximately parallel to a line that identifies the ordinary high water level at the
following intervals, proceeding landward:
Shoreland Tier Dimensions
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Unsewered
Sewered
(feet)
(feet)
General development lakes -
First tier
200
200
General development lakes -
Second and additional tiers
267
200
Recreational development
lakes
267
267
Natural environment lakes
400
320
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All river classes 300 300
8.42 The suitable area within each tier is next calculated by excluding from the tier area
all wetlands, bluffs, or land below the ordinary high water level of public waters. This
suitable area and the proposed project are then subj ected to either the residential or
commercial planned unit development density evaluation steps to arrive at an allowable
number of dwelling units or sites.
8.5 Residential and Commercial PUD Density Evaluation
The procedures for determining the "base" density of a PUD and density increase multipliers are
as follows. Allowable densities may be transferred from any tier to any other tier further from the
waterbody, but must not be transferred to any other tier closer.
8.51 Residential PUD "Base" Density Evaluation:
A. The suitable area within each tier is divided by the single residential lot size
standard for lakes or, for rivers, the single residential lot width standard times the
tier depth, unless the local unit of government has specified an alternative
minimum lot size for rivers which shall then be used to yield a base density of
dwelling units or sites for each tier. Proposed locations and numbers of dwelling
units or sites for the residential planned unit developments are then compared
with the tier, density, and suitability analyses herein and the design criteria in
Section 8.6
8.52 Commercial PUD "Base" Density Evaluation — REMOVED since Arden Hills does
not have any commercial area along the shoreline.
8.53 Density Increase Multipliers:
A. Increases to the dwelling unit or dwelling site base densities previously
determined are allowable if the dimensional standards in Section 5.0 are met or
exceeded and the design criteria in Section 8.6 are satisfied. The allowable density
increases in Item B. below will only be allowed if structure setbacks from the
ordinary high water level are increased to at least 50 percent greater than the
minimum setback, or the impact on the waterbody is reduced an equivalent
amount through vegetative management, topography, or additional means
acceptable to the local unit of government and the setback is at least 25 percent
greater than the minimum setback.
B. Allowable Dwelling Unit or Dwelling Site Density Increases for Residential or
Commercial Planned Unit Developments:
Density evaluation tiers Maximum density increase
within each tier (percent)
First 50
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Second
100
Third
200
Fourth
200
Fifth
200
8.6 Maintenance and Design Criteria
8.61 Maintenance and Administration Requirements.
A. Before final approval of a planned unit development, adequate provisions must
be developed for preservation and maintenance in perpetuity of open spaces and
for the continued existence and functioning of the development.
B. Open space preservation. Deed restrictions, covenants, permanent easements,
public dedication and acceptance, or other equally effective and permanent means
must be provided to ensure long-term preservation and maintenance of open
space. The instruments must include all of the following protections:
(1) commercial uses prohibited (for residential PUD's);
(2) vegetation and topographic alterations other than routine maintenance
prohibited;
(3) construction of additional buildings or storage of vehicles and other
materials prohibited; and
(4) uncontrolled beaching of watercraft prohibited.
C. Development organization and functioning. Unless an equally effective
alternative community framework is established, when applicable, all residential
planned unit developments must use an owners association with the following
features:
(1) membership must be mandatory for each dwelling unit or site
purchaser and any successive purchasers;
(2) each member must pay a pro rata share of the association's expenses,
and unpaid assessments can become liens on units or sites;
(3) assessments must be adjustable to accommodate changing conditions;
and
(4) the association must be responsible for insurance, taxes, and
maintenance of all commonly owned property and facilities.
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8.62 Open Space Requirements. Planned unit developments must contain open space
meeting all of the following criteria:
(1) at least 50 percent of the total project area must be preserved as open space;
(2) dwelling units or sites, road rights-of-way, or land covered by road surfaces,
parking areas, or structures, except water -oriented accessory structures or
facilities, are developed areas and shall not be included in the computation of
minimum open space;
(3) open space must include areas with physical characteristics unsuitable for
development in their natural state, and areas containing significant historic sites or
unplatted cemeteries;
(4) open space may include outdoor recreational facilities for use by owners of
dwelling units or sites, by guests staying in commerical dwelling units or sites,
and by the general public;
(5) open space may include subsurface sewage treatment systems if the use of the
space is restricted to avoid adverse impacts on the systems;
(6) open space must not include commercial facilities or uses, but may contain
water -oriented accessory structures or facilities;
(7) the appearance of open space areas, including topography, vegetation, and
allowable uses, must be preserved by use of restrictive deed covenants, permanent
easements, public dedication and acceptance, or other equally effective and
permanent means; and
(8) the shore impact zone, based on normal structure setbacks, must be included
as open space. For residential PUD's, at least 50 percent of the shore impact zone
area of existing developments or at least 70 percent of the shore impact zone area
of new developments must be preserved in its natural or existing state. For
commercial PUD's, at least 50 percent of the shore impact zone must be preserved
in its natural state.
8.63 Erosion Control and Stormwater Management. Erosion control and stormwater
management plans must be developed and the PUD must:
(1) be designed, and the construction managed, to minimize the likelihood of
serious erosion occurring either during or after construction. This must be
accomplished by limiting the amount and length of time of bare ground exposure.
Temporary ground covers, sediment entrapment facilities, vegetated buffer strips,
or other appropriate techniques must be used to minimize erosion impacts on
surface water features. Erosion control plans approved by a soil and water
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conservation district may be required if project size and site physical
characteristics warrant; and
(2) be designed and constructed to effectively manage reasonably expected
quantities and qualities of stormwater runoff. Impervious surface coverage within
any tier must not exceed 25 percent of the tier area, except that for commercial
PUD's 35 percent impervious surface coverage maybe allowed in the first tier of
general development lakes with an approved stormwater management plan and
consistency with Section 5.3.
8.64 Centralization and Design of Facilities. Centralization and design of facilities and
structures must be done according to the following standards:
(1) planned unit developments must be connected to publicly owned water supply
and sewer systems, if available. On-site water supply and sewage treatment
systems must be centralized and designed and installed to meet or exceed
applicable standards or rules of the Minnesota Department of Health and Sections
5.2 and 5.8 of this ordinance. On-site sewage treatment systems must be located
on the most suitable areas of the development, and sufficient lawn area free of
limiting factors must be provided for a replacement soil treatment system for each
sewage system;
(2) dwelling units or sites must be clustered into one or more groups and located
on suitable areas of the development. They must be designed and located to meet
or exceed the following dimensional standards for the relevant shoreland
classification: setback from the ordinary high water level, elevation above the
surface water features, and maximum height. Setbacks from the ordinary high
water level must be increased in accordance with Section 8.53 of this ordinance
for developments with density increases;
(3) shore recreation facilities, including but not limited to swimming areas, docks,
and watercraft mooring areas and launching ramps, must be centralized and
located in areas suitable for them. Evaluation of suitability must include
consideration of land slope, water depth, vegetation, soils, depth to groundwater
and bedrock, or other relevant factors. The number of spaces provided for
continuous beaching, mooring, or docking of watercraft must not exceed one for
each allowable dwelling unit or site in the first tier (notwithstanding existing
mooring sites in an existing commercially used harbor). Launching ramp
facilities, including a small dock for loading and unloading equipment, may be
provided for use by occupants of dwelling units or sites located in other tiers;
(4) structures, parking areas, and other facilities must be treated to reduce
visibility as viewed from public waters and adjacent shorelands by vegetation,
topography, increased setbacks, color, or other means acceptable to the local unit
of government, assuming summer, leaf -on conditions. Vegetative and topographic
screening must be preserved, if existing, or may be required to be provided;
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(5) accessory structures and facilities, except water oriented accessory structures,
must meet the required principal structure setback and must be centralized; and
(6) water -oriented accessory structures and facilities maybe allowed if they meet
or exceed design standards contained in Section 5.2 of this ordinance and are
centralized.
8.7 Conversions — REMOVED since Arden Hills does not have any resorts.
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