8. City Code Amendment: Section 20-481 Re Shoreland District.l
MEMORANDUM
CITY OF I
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: Jill Sinclair, Environmental Resources Coordinator
John Rask, Planner I
DATE: March 19, 1996
' SUBJ: Amendment Concernin g g Removal of Vegetation in Shoreland District.
' BACKGROUND
' The Shoreland Ordinance, adopted in 1994, regulates us(
district and is based on statutory requirements Alteratio
Section 20 -482. It states that while "intensive vegetation
amount of vegetation removal is. In the past year, staff r
concerning vegetation removed along a lakeshore. The i
quantify due to the ambiguous nature of the ordinance. I
homeowners asking about how much vegetation may be
ordinance revision will define "intensive vegetation cleaj
measurement which can be used by residents and staff in
' ordinance provisions.
Currently, the ordinance allows for vegetation removal to create a view from the principal
dwelling, placement of stairways landings, picnic areas, access paths, beach and watercraft
access areas, and permitted water - oriented accessory structures or facilitif
amendment would not preclude any of these activities. Examples of how
amendment would apply are illustrated'on the attached page.,..`.
PLANNING COMMISSION UPDATE
The Planning Commission held a public hearing on March 6, 1996, to review the proposed
' ordinance amendment. By a unanimously vote, the Commission approved the ordinance
amendment. Staff provided clarification by stating that this is not a new requirement, but an
attempt to define "intensive vegetation clearing" by establishing a numeric standard. Further,
' staff reiterated that the ordinance amendment would only apply to vegetation removal in the
shore and bluff impact zones. The shore impact zone is half of the lake setback, which in most
within the shoreland management
of shoreland vegetation is addressed in
clearing" is not allowed, an undefined
Ls received several complaints
blations in question were difficult to
.addition, we receive inquiries from
-moved along the shoreline. The
ng" by providing a quantifiable
letermining compliance with shoreland
I'
Don Ashworth
March 19, 1996 ('
Page 2
cases will be 37.5 feet (half of the 75 foot setback). Lake Harrison and Lake St. Joe are Natural
Environment Lakes and have a 150 foot setback which creates a 75 foot shore impact zone.
Therefore, tree removal outside of these areas is not regulated unless specific conditions of
subdivision approval, conservation easement, or some other form of tree preservation I�
requirement is recorded against the lot. The Commission concurred with the ordinance
amendment provided in the staff report.
ANALYSIS
As written, the vegetation alteration section of the ordinance is ambiguous and difficult to
enforce. Without definitive numbers, the limitations are unclear and the interpretations
confusing for homeowners and city staff alike. It is also necessary to clearly define vegetation
removal limitations because of its affect on lake quality. Existing shoreland vegetation plays a
subtle, yet important, role in the water quality of the lake and clearly reduces shoreland erosion.
Removal of vegetation along the shore has a direct and negative impact on the lake. Staff
recommends that within the shore and bluff impact zone a clearing of 30% or 30 :Peet (measured)
parallel to the shoreline, whichever is lesser, be allowed. This would permit a reasonable area for
recreational purposes as well as provide an adequate avenue for lake viewing.
RECOMMENDATION
Staff recommends the City Council adopt the following motion:
"The City Council adopts the following amendments as described in the staff report dated I�
February 28, 1996 and shown in Attachment #1:
Sec 20 -482. Shoreland Alterations.
(a) Generally. Alterations of vegetation and topography shall be regulated to prevent
erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic
values, prevent bank slumping, and protect fish and wildlife habitat.
(b) Vegetation alterations
(1) Vegetation alteration necessary for the construction of structures and sewage
treatment systems and the construction of roads and parking areas regulated by section
20 -484 of this article are exempt from the following vegetation alteration standards.
(2) Removal or alteration of vegetation is allowed subject to the following standards: I'
(a) Intensive vegetation clearing within the shore and bluff impact zones and on
steep slopes is not allowed. Intensive vegetation clearing for forest land
Don Ashworth
March 19, 1996
' Page 3
conversion to another use outside of these areas is allowable if permitted as part
' of a development approved by the city council as a conditional use if an erosion
control and sedimentation plan is developed and approved by the soil and water
conservation district in which the property is located.
' b In shore and bluff impact zones and on steep slopes, limited clearing of trees and
() P p p g
shrubs and cutting, pruning, and trimming of trees is allowed to provide a view of
' the water from the principal dwelling site and to accommodate the placement of
stairways and landings, picnic areas, access paths, livestock watering areas beach
' and watercraft access areas, and permitted water - oriented accessory structures or
facilities, provided that:
' (i) The screening of structures, vehicles, or other facilities as viewed from the
water, assuming leaf -on conditions, is not substantially reduced;
(ii) Along rivers, existing shading of water surfaces is preserved; and
' (iii) The above provisions are not applicable to the removal of trees, limbs, or
branches that are dead, diseased, or pose safety hazards; and
(iv) The clearing be limited to a strip 30% of lot width or 30 feet, whichever is
' lesser, parallel to the shoreline and extending inward within the shore
and bluff impact zones.
' gAplan \jk \shore.cc
u
Fj
kl
30' clearing 10 PMVide viCW of
]alre $um prmcipal suucwe
Example 2
30' cleating to provide view and
picnic area- 20' x 20' clearing
with 10' setback from lake for
l>oa�[stnrage.
'Example 3
30' clearing to provide view,
-25'x 10' clearing with 10'
setback frum lake for accessory
structure.
l;xample 4
30' clearing la provide view.
30' sandblankebwith allowable
parallel'10' clearing.
Eox-k lo+ w%Ath Ioo fce.+
' CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
' AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE
The City Council of the City of Chanhassen ordains:
' Section 1. Section 20 -482, Shoreland alterations is hereby amended to read as follows:
Sec 20 -482. Shoreland Alterations.
' (a) Generally. Alterations of vegetation and topography shall be regulated to prevent
erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values,
' prevent bank slumping, and protect fish and wildlife habitat.
'
(b) Vegetation alterations.
(1) Vegetation alteration necessary for the construction of structures and sewage
treatment systems and the construction of roads and parking areas regulated by
'
section 20 -484 of this article are exempt from the following vegetation alteration
standards.
'
Removal is following
(2) or alteration of vegetation allowed subject to the standards:
a. Intensive vegetation clearing within the shore and bluff impact zones and on
steep slopes is not allowed. Intensive vegetation clearing for forest land
conversion to another use outside of these areas is allowable if permitted as
'
part of a development approved by the city council as a conditional use if an
erosion control and sedimentation plan is developed and approved by the soil
and water conservation district in which the property is located.
'
b. In shore and bluff impact zones and on steep slopes, limited clearing of trees
'
and shrubs and cutting, pruning, and trimming of trees is allowed to provide a
view of the water from the principal dwelling site and to accommodate the
placement of stairways and landings, picnic areas, access paths, beach and
'
watercraft access areas, and permitted water - oriented accessory structures or
facilities, that:
provided
' (i) The screening of structures, vehicles, or other facilities as viewed from the
water, assuming leaf -on conditions, is not substantially reduced;
(ii) Along rivers, existing shading of water surfaces is preserved;
(iii) The above provisions are not applicable to the removal of trees, limbs, or I'
branches that are dead, diseased, or pose safety hazards; and
(iv) The clearing be limited to a strip 30% of lot width or 30 feet, whichever is
lesser, parallel to the shoreline and extending inward within the shore
and bluff impact zones.
Section 2. This ordinance shall be effective immediately upon its passage: and
publication.
PASSED AND ADOPTED this day of 1996 by the City
Council of the City of Chanhassen.
ATTEST:
Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor I'
(Published in the Chanhassen Villager on )
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' Planning Commission Meeting - March 6, 1996
31. Existing wells and /or septic systems will have to be properly abandoned in accordance
' to the City and State Health Department codes. The existing home on Lot 12, Block 1
shall be connected to the sanitary sewer system within 30 days after the system becomes
' operational. The resident may continue to utilize the well until the well fails at which
time the parcel shall be connected to city water service.
' 32. The applicant shall report to the City Engineer the location of any drain tiles found
during construction and shall relocate or abandon the drain tile as directed by the City
Engineer.
' 33. The applicant shall include a drain tile system behind the curbs to convey sump pump
discharge for these lots which are not adjacent to a wetland, storm pond or catch basin.
' All voted in favor and the motion caiiied unanimously.
' PUBLIC HEARING:
AMENDMENT TO SECTION 20 -482 OF THE CITY CODE REGARDING REMOVAL OR
' ALTERATION OF VEGETATION IN THE SHORELAND DISTRICT.
John Rask presented the staff report on this item.
Mancino: Questions. Number 2 from the top. You're allowed to have 30 feet or 30% per
structure, that means primary and secondary structure?
' Rask: Well you can have...
' Mancino: Or is it 30 feet for both?
Rask: For both. Well what's showing here is, you'll notice it's not all clear. This would
' show if somebody was to build a boathouse. They could clear for that separate use, and that's
allowed by ordinance now. Again it just wasn't, what we did was, if you create a view but
' you don't have to put your boathouse in there. You don't have to put your beach in that area,
that you can work and clear vegetation in other areas as long as you basically adhere to the
standards that are currently in place.
' Mancino: Can you clear for any other reasons? I mean what if it's not for view or you just
want to go down and clear?
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Planning Commission Meeting e March 6, 1996
Rask: Currently no, and with this would quantify that. The only thing, when developments
come in for subdivision approval, that issue can be examined at that time and the Council can
be more restrictive or set other standards for clearing the lot of trees.
Mancino: Are you going to include these drawings in the ordinances? I'
Rask: Yes. I don't know if we'll include them all but we will provide examples in there. I'
Mancino: Okay.
Conrad: Does this apply above the high water mark?
Rask: Yes. It'd be from the high water mark up, in most cases 37 1/2 feet and then II
everything beyond that, like I said, is up to the property owner whether or not they want to
save there. And that's how the ordinance currently reads. What we're trying to do again is to
quantify what intensive vegetation clearing means. I'
Aanenson: So for example, we do have a lot of homes that have the wooded area going all
the way up the house, but there is that zone of influence and that's what John tried to show II
you, that 30 feet that's adjacent to lakeshore that people do want to have an area to recreate.
To get their boat in and out of the water, to store and that sort of thing. And that's where
there's been some ambiguity and what we've attached as conditions of the subdivision to say, ('
complying with the shoreland regulations. Maybe the neighbors have certain expectation.
The developers have certain expectations of what that mean so we're trying to bring some
clarity to that. Certainly it's been an issue when we brought before you a subdivision where I'
there's wooded lots along lakeshore that you've maybe gone beyond that, so the Council
attach additional. But where we've had some weaknesses is the definition in that zone of
influence of the shore and that's what we need clarity on. II
Conrad: Where the DNR has jurisdiction below the high water mark, what's their regulations
on clearing?
Rask: Basically it's mandated by the State that the municipalities implement the shoreland
regulations. Adopt the shoreland regulations so we get everything above that.
Conrad: Yeah, but what do they do? My recollection is they say you can clear a path to I'
clear it to open water.
37 11
Planning Commission Meeting - March 6, 1996
Aanenson: Correct, and that's the sand, the blanket that John was showing and that you can
do the 50 foot blanket. That in addition to what the DNR would allow you to do and that's,
he's got that...
Conrad: So they'll allow 50 foot wide?
Aanenson: Correct. For the beach area. If we did nothing and someone had a property that
had a beachlot, they could go in and put the 50 foot wide, by the DNR regulations.
Conrad: The 30% of lot width. The lot has to be 100 feet on the lake. So what does the
30% do?
Rask: That would be.
Conrad: If there's smaller lots.
Rask: Yeah. We have a number of small lots on the lake so if they only have, let's say 50
feet, they'd be allowed to go up to.
Conrad: 15?
Rask: Yeah.
Peterson: Which is pretty small. It's a little tunnel.
Aanenson: Right. Actually it's 75 feet of width for most of our Lakeshore lots.
Mancino: Can you get a boat down there? 15 -20 feet.
Aanenson: If you can meet the dock setback zones.
Conrad: Riparian lot is 75 feet wide?
Aanenson: Correct. Most of them are more than that.
Rask: At the lakeshore.
Aanenson: At the lakeshore, yes. It's in conflict with our ordinance which says 90. When
we went back and did the shoreland, we tried to make it consistent to the 90 feet but the
DNR went to 75 feet. I believe it went back to a different, because our frontages are 90 feet.
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Planning ommission Meeting - March 6 1996 I '
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But where you have a pie shaped lot. We haven't had that many. Most people try to square I'
the lot off.
Conrad: With 75 feet, right at 20,000 square feet lot size?
Aanenson: That's how it used to be. When we went back and did the shoreland regs, now
we went back and said 15,000 because we felt like with our storm water management plan I'
that we were already, the only place we didn't change it was on the natural environment
lakes. Lake St. Joe was...
Mancino: I was going to say. Lake St. Joe there was riparian had to be 20,000
Aanenson: Correct.
Conrad: So the integrity of a nice wetland
Aanenson: Well that was still, that's a good question. That the wetland alteration permit
would still come into play, which again we'd look at that separately and that's where John
was saying we'd have to look at this when we go through the subdivision process. This is the
zone of influence but there's a wetland in there and then that's certainly different criteria than
just clearing the shoreland ... wetland alteration permit but we tried to narrow those down and
not allow quite so much vegetation removal. Foot paths or whatever. Which we have done. �I
Mancino: John on the back page on number 1. Vegetation alteration necessary for the
construction of structures. So we need to be more specific? I!
Rask: Well we defined structures in our ordinance. II
Aanenson: Yeah, that's a good question. I think the problem here is we pulled. this off the
current shoreland regs and didn't show you all of it but that structures are defined in shoreland
reps. Dock and decks, as John indicated, and boathouses. Those are all defined... That's a
good question.
Mancino: Any other questions? Seeing none, may I, I'd like to open this for a public a
hearing. May I have a motion and a second.
Skubic moved, Meyer seconded to open the public hewing.
Mancino: Seeing nobody here to publicly talk, can I have a motion to close the public 'I
hearing.
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Planning Commission Meeting - March 6, 1996
Conrad moved, Mehl seconded to close the public healing.
Mancino: Comments from commissioners. Don.
Mehl: I really don't have any comments.
Mancino: Jeff.
Farmakes: None.
Mancino: Bob.
Skubic: Nothing.
Mancino: Mike. Ladd. Craig. I don't either. May I have a motion please.
Mehl: I'll make a motion that the Planning Commission recommend that the City Council
adopt the amendments as described in the staff report dated February 28, 1996.
Mancino: Is there a second?
Meyer: I'll second that.
Mancino: Any discussion?
Mehl moved, Meyer seconded that the Planning Commission recommend that the City
Council adopt the following amendments to the Shoreland Ordinance, Section 20 -482,
described in the staff nepoit dated Febivaiy 28, 1996. All voted in favor- and the motion
carried unanimously.
PUBLIC HEARING:
AMENDMENT TO SECTION 20- 1255(9) TEMPORARY DEVELOPMENT SIGNS;
SECTION 20- 1301(2) AREA IDENTIFICATION SIGNS, AND SECTION 20 -1
DEFINITIONS.
John Rask presented the staff report on this item
Mancino: Any questions of staff at this time?
.R