1c. City Code Amendment: Removal or Alteration in Shoreland District.MEMORANDUM
CITY OF =
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.
I BACKGROUND
The Shoreland Ordinance, adopted in 1994, regulates use s
district and is based on statutory requirements , „�lteratio
Section 20 -482. It states that while "intensive °vegetation
' amount of vegetation removal is. In the past year, staff h
concerning vegetation removed along a lakeshore. The A
quantify due to the ambiguous nature of the ordinance. I n
homeowners asking about how much vegetation may be r
ordinance revision will define "intensive vegetation cleari
measurement which can be used by residents and staff in
ordinance provisions.
Currently, the ordinance all(
dwelling, placement of,stair
within the shoreland management
n of shoreland vegetation is addressed in
clearing" is not allowed, an undefined
as received several complaints
olations in question were difficult to
addition, we receive inquiries from
emoved along the shoreline. The
ng" by providing a quantifiable
determining compliance with shoreland
view from the principal
s.baths. beach and watercraft
access areas, and pefmitted water - oriented accessory structures or fai
amendment would not preclude'any of these activities. Examples of
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
I
Don Ashworth
April 3, 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
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 feet (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
February 28, 1996 and shown in Attachment #1 and approval of summary for publication:
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
(a) Intensive vegetation clearing within the shore and bluff impact zones and on
steep slopes is not allowed. Intensive vegetation clearing for forest land
1
L
CI'
' 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
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, livesto .,,atering 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
H
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.
'
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
'
standards.
'
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.
,
Vegetation alteration necessary for the construction of structures and e sewa
( ) g rY g
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:
'
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
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
(Published in the Chanhassen Villager on
Donald J. Chmiel, Mayor
ORDINANCE SUMMARY NO. I
CITY OF CHANHASSEN I
CARVER AND HENNEPIN COUNTIES, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 20 -482 ,
OF THE CHANHASSEN CITY CODE CONCERNING
ARTICLE VII, SHORELAND MANAGEMENT DISTRICT '
An ordinance amending Chapter 20 of the Chanhassen City Code to define intensive '
vegetation clearing as a clearing which does not exceed 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.
John Rask, Planner I '
937 -1900 ext. 117
J
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30'r] m provide vice►, of
lair fraMprinripnl sunctre
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Example 2
1 30' clearing m provide view and
picnic area- 20'x 20' clearing
with 10' setback from lake for
1 Example 3
30' clearing to provide view.
1 25'x 10' clearing with 10'
setback fnnm lake for accessory
sirare.
1
-Example 4
1 30' clearing to provide view.
30' sandblankerwith allowable
paaal el IO' clearing.
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