2015.05.19 PC Minutes - Laserfiche WebLink

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• In addition to the water body setbacks, the ordinance implements an "average setback" when existing structures are closer to the water body than the minimum 50' or 150' setback. This does not apply when a more restrictive setback would result by applying the average setback. • Provides exceptions to the shoreland setback for various structures, including stairways, lifts, landings, watercraft lifts, docks, fences, walls, public park structures and beaches. • Provides fencing standards for the shoreland similar to existing zoning regulations, except: o A provision is included that would not permit construction of a fence or wall with the shore impact zone (1st 25' or 75' based on water classification) and, o Restricts fence construction type (no privacy fences) and height (3 1 /z') within the remaining shoreland setback (up to 50' or 150' based on water classification). • Provides standards for stairways, lifts, and landings constructed within the required setback. • Limits vegetation clearing. • Limits grading, filling, and excavation activities of more than 10 cubic yards within the shore impact zone and bluffs and 50 cubic yards within the entire shoreland. • Establishes minimum standards for roads constructed within the shoreland. • Establishes minimum standards for stormwater management within the shoreland. • Requires all lots within the shoreland to be connected to public water and sanitary sewer. Planning Director Gundlach reported it's worth noting the MN Department of Natural Resources (DNR) provides the baseline requirements and under State Statute, has authority to adopt a Shoreland Ordinance on the City's behalf if the City neglects to adopt one. The DNR has been contacted by City staff, as well as WSB, regarding assistance and guidance in drafting the ordinance. While the DNR has opted not to participate in the City process, they have indicated a desire to review and comment on an ordinance once a draft has been developed. WSB will forward this draft ordinance to the DNR, on the City's behalf, and will also forward any future revisions that may result during the course of discussion, public hearing, and adoption. In turn, any comments provided by the DNR will be forwarded back to the Commission and Council for discussion and consideration. Planning Director Gundlach explained that Shoreland Ordinances are complex and every City has a unique set of shoreland circumstances. Staff and WSB have done our best in evaluating the DNR's model ordinance and adapting it to meet New Brighton's needs. However, staff suspects there are still questions that may need additional research. In recognition that staff may not be able to address every question, staff and WSB will take input from the Commission and report back on any unresolved questions. Planning Director Gundlach added lastly, in January of 2014 the City Council directed staff to prepare a Shoreland Ordinance that meets the minimum set of standards per the DNR. The Council is not interested in establishing additional regulation on shoreland property owners. The Commission should keep this direction in mind as a recommendation to Council is discussed and formulated. Staff requested the Commission review the draft Ordinance and provide staff with feedback. Molly Patterson - Lundgren, WSB & Associates, reported that she assisted staff with the draft Shoreland Ordinance and was available for questions or comments. Commissioner McPherson discussed Jones Lake and how it would be impacted by the Shoreland Ordinance. Planning Director Gundlach stated the City would be interested in hearing from the DNR on the proposed 50- foot setback as opposed to the 150' setback that would normally be imposed. Commissioner Deick asked if the proposed Ordinance was more or less stringent that typical DNR requirements. Planning Director Gundlach believed that the proposed Shoreland Ordinance was less stringent, when considering the hard cover percentages and shoreland setbacks. 2