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(\`� MEMORANDUM
t11ZRiver
y of TO: PLANNING COMMISSION
FROM: STEPHEN ROHLF, BUILDING AND
ZONING ADMINISTRATOR
DATE: JULY 23, 1996 5-
SUBJECT: WILD AND SCENIC RIVER
ORDINANCE AMENDMENT
BY THE CITY OF ELK RIVER
CASE NO. OA 96-11/PH
BACKGROUND:
The City of Elk River is being required by the Minnesota Department of
Natural Resources (DNR) to update its "Wild and Scenic River Ordinance".
Attached is a draft ordinance supplied by the DNR.
ISSUES:
City staff is proposing the following revisions to the DNR's draft:
• 1. BLUFF - Staff recommends the definition of a "bluff' from the City's
Shoreland Ordinance is added to the definitions in the Wild and
Scenic River Ordinance.
2. The DNR's draft will need to be reformatted to correctly fit into the
City Ordinance.
3. LOT SIZES - Section 906.08 (1) (A) on page 7 of the draft addresses lot
sizes within Sections 13, 14, 23 & 24, T32N, R26W. Staff is proposing
that reference to these specific sections of land be eliminated and that
the standards in this section of the ordinance be for all unsewered
residential lots within the Wild and Scenic River District. Some of the
properties in these sections have been added to the City's urban
service district since this draft was prepared. The language in the
draft would require 2 1/2 acre urban lots in the referenced sections of
land.
Staff is proposing Section 906.08 (1) (B) on page 8 be eliminated. The
changes in the above mentioned section will address all unsewered lots
within the City. Further, the City's Zoning ordinance is more
• restrictive than the standards in this section anyway and it does not
allow multi-family dwellings outside of the urban service district.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
In section 906.08 (1) (C), on page 8, staff proposes to eliminate the
word "Other" from in front of"Sewered Areas". This change makes
• this section apply to all sewered lots in the Wild and Scenic River
District.
Since lot sizes for commercial and industrial lots are not specifically
addressed the underlying zoning will dictate. The Wild and Scenic
River District is an overlay district (in addition to the regular zoning).
4. SETBACKS - All structures and septic systems, including those on
commercial and industrial lots, have to meet the setbacks specified in
the Wild and Scenic River Ordinance.
You will note that special setbacks are included in the draft ordinance
for sections 33 and 34, T33N, R26W. This is the historic area of Elk
River. These special setback avoid creating a large number of
nonconforming structure in this established portion the City.
The following are additional comments made by the DNR and staffs
responses:
1. Some sections from the City's Shoreland Ordinance have been
reference in the Wild and Scenic River Ordinance instead of being
• repeated. The DNR questions whether or not enforcement would be
easier if all sections were spelled out. Staff recommends the Wild and
Scenic River Ordinance remains as written. Adding the referenced
section would double its number of pages and it is not that difficult to
cross reference.
2. The draft ordinance allows controlled access lots. An example of a
controlled access lot is a lot on the river that is retained to provide
river access for the owners of the nonriparian lots within a subdivision.
Controlled access lots can be eliminated at a later date, if they prove to
be a problem.
3. The DNR questions whether or not the City should allow developments
in the Wild and Scenic River District to exceed 25% lot coverage. Their
is an exception to the maximum lot coverage provided for in Section
904.08 (5) (B) of the City's Shoreland Ordinance. Their specific
comment is that the Mississippi District could be 100% covered with
impervious surfaces if the drainage plan requirements of the
aforementioned section of the Shoreland Ordinance is met. The DNR
suggests the City caps this exception at 50% lot coverage on only the
most developed areas of the City.
•
s:\b&z\s teve r\wldrivor.doc
The City Zoning ordinance already limits lot coverage to 50% or less in
all zoning districts with the exception of the C-1 zone. Land zoned C-1
• that is adjacent to the Mississippi River is already totally developed.
The C-1 (Central Business District) is meant to have buildings that
abut each other. The City should avoid making its historic downtown
nonconforming. Further, the vast majority of the properties adjacent
to the River are zoned for single family where the City already allows a
maximum of 25% lot coverage. The DNR's concern is valid, but their
point is mute. Staff recommends no change to the draft ordinance on
this issue.
RECOMMENDATION:
Staff is recommending approval of the Wild and Scenic River Ordinance with
the proposed revisions contingent on the DNR's acceptance to those revisions.
•
•
s:\b&z\ste ve r\wldrivor.doc
CITY OF ELK RIVER
•
DRAFT MINIMUM STANDARDS ORDINANCE FOR
MISSISSIPPI WILD AND SCENIC RIVER DISTRICT
MAY 95 VERSION
[See author's notes at end of document.]
SECTION 906-WILD AND SCENIC RIVER ORDINANCE
906.00- STATUTORY AUTHORIZATION & POLICY
1. Statutory Authorization - This Wild and Scenic River ordinance is adopted pursuant to the
authorization and policies contained in Minnesota Statutes, Chapter 103F; Minnesota Rules, parts
6105.0010 - 6105.0070, 6105.0150 - 6105.0250, 6105.0800 - 6105.0960, 6120.2600 - 6120.3900; and
the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462.
2. Statement of Purpose - The uncontrolled use of shorelands along the Mississippi River of the
City of Elk River, Minnesota 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 interests of the public health, safety and welfare to protect and preserve the outstanding
scenic, recreational, natural, historical and scientific values of the Mississippi River. The
Legislature of Minnesota has delegated responsibility to local governments of the state to regulate
• the subdivision, use and conservation of the shorelands of public waters and thus preserve and
protect existing natural, scenic, historical, scientific, and recreational values, reduce the effects of
overcrowding and poorly planned development of adjacent lands, prevent pollution, preserve
natural beauty and quietude, maintain proper relationships between various land use types, and
prohibit new uses that are inconsistent with the statewide standards and criteria. This responsibility
is hereby recognized by the City of Elk River.
906.02 - GENERAL PROVISIONS AND DEFINITIONS
1. Jurisdiction - The provisions of this Ordinance shall apply to all lands designated within the
Mississippi Wild and Scenic River District boundaries within the City of Elk River as defined in
Minnesota Rules, parts 6105.0910 and 6105.0950.
2. Compliance - The use of any land within the Mississippi Wild and Scenic River District; the
size and shape of lots; the use, size, type and location of structures on lots; the installation and
maintenance of water supply and waste treatment systems; the grading, filling, or alteration of the
natural topography; the cutting of vegetation; and the subdivision of land shall be in full compliance
with the terms of this Ordinance and other applicable regulations.
3. Enforcement -The City of Elk River is responsible for the administration and enforcement of
this Ordinance. Any violation of the provisions of this Ordinance or failure to comply with any of
its requirements (including violations of conditions and safeguards established in connection with
grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as
outlined in Section 900.46 and as defined by Minnesota Rules and Statutes. Violations of this
Ordinance can occur regardless of whether or not a permit is required for a regulated activity
• pursuant to Section 906.04 (1) of this Ordinance.
/ 9 . 2I (o QTc .
MAY 2 6 1995
4. Interpretation - In their interpretation and application, the provisions of this Ordinance shall
be held to be minimum requirements and shall not be deemed a limitation or repeal of any other •
powers granted by Minnesota Statutes.
5. Severability - If any section, clause, provision, or portion of this Ordinance is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance
shall not be affected thereby.
6. Abrogation and Greater Restrictions - It is not intended by this Ordinance to repeal,
abrogate, or impair any existing easements, covenants, deed restrictions, or land use controls.
However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall
prevail. In case of conflict between a provision of the Minnesota Wild, Scenic, and Recreational
Rivers Act or Rules, provisions of existing ordinances, or some other law of this state, the more
protective provision shall apply. All other Ordinances inconsistent with this Ordinance are hereby
repealed to the extent of the inconsistency only.
7. Definitions - For the purpose of this Ordinance, certain terms or words used herein shall be
interpreted as follows below. 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. Where certain terms are not defined but are used herein and subject to provisions in
Section 904 of this Ordinance, the terms shall be interpreted as defined in Section 904.
A Ef 0i ) Bluff impact zone means a bluff and land located within 20 feet from the top of a bluff.
or tyLuff
(2) "Building line" means that line measured across the width of the lot at the point where
the main structure is placed in accordance with setback provisions.
3°c D (3) "Clear cutting" means the removal of an entire stand of vegetation. •
GAPS
?YOI c A'-) (4) "Commissioner" means the Commissioner of the Department of Natural Resources.
(5) "Conditional use" means a use of land which is permitted only when allowed by the City
of Elk River after a public hearing, if certain conditions are met which eliminate or minimize
the incompatibility with other permitted uses of the district.
(6) "Deck"means a horizontal, unenclosed platform with or without attached railings, seats,
trellises, or other features, attached or functionally related to a principal use or site and at any
point extending more than thirty inches above ground.
(7) "Duplex, triplex, and quad" means a dwelling structure on a single lot, having two, three,
and four units respectively, being attached by common walls and each unit equipped with
separate sleeping, cooking, eating, living, and sanitation facilities.
(8) "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 time-share
accommodations such as motel, hotel, rooms and cabins.
(9) "Essential services" means underground or overhead gas, electrical, steam or water
distribution systems; collection, communication, supply, or disposal systems, including poles,
wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants
and other similar equipment and accessories in conjunction therewith; but not including
buildings or transmission services.
III
2
• (10) "Hardship" means, as used in connection with the granting of a variance under this
ordinance, the property in question cannot be put to a reasonable use under the conditions
allowed by this ordinance. Economic considerations alone shall not constitute a hardship if
any reasonable use for the property exists under the terms of this ordinance.
(11) "Land use district" means those lands designated by the commissioner as the protected
land corridor along the Mississippi River which the commissioner has designated as
components of the Minnesota wild and scenic rivers system.
(12) "Lot" means a parcel of land designated by plat, metes and bounds, registered land
survey, auditors plot, or other accepted means and separated from other parcels or portions
by said description for the purpose of sale, lease, or separation thereof.
(13) "Nonconforming use" means the use of a structure, land, or both, lawfully in existence
on the effective date of this ordinance which does not conform to the requirements applicable
thereto contained in this Ordinance, or which does not conform to provisions of this
Ordinance as subsequently amended.
(14) "Ordinary high water level" means an elevation delineating the highest water level which
has been maintained for a sufficient period of time to leave evidence upon the landscape. In
areas where the ordinary high water level is not evident, setbacks shall be measured from the
stream bank of the following water bodies that have permanent flow or open water: the main
channel, adjoining side channels,backwaters and sloughs.
(15) "Public waters" means any waters as defined in Minnesota Statutes, section 103G.005,
subdivisions 15 and 18.
• (16) "Selective cutting"means the removal of single scattered trees.
(17) "Setback" means the minimum horizontal distance between a structure and sewage
treatment system and the ordinary high water level, top of a bluff, road or highway.
(18) "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
906.08 (8) of this Ordinance.
(19) "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.
(20) "Single family dwelling" means a detached building containing one dwelling unit.
(21) "Structure" means any building, sign, deck, or appurtenance thereto, except aerial or
underground utility lines, such as sewer, electric, telephone, telegraph, or gas lines, including
towers, poles, and other supporting appurtenances.
(22) "Subdivision" means land that is divided for the purpose of sale, rent, or lease, including
planned unit development.
(23) "Variance"means any modification or variation of this ordinance where it is determined
that by reason of exceptional circumstances, the strict enforcement of an ordinance provision
would cause unnecessary hardship. This shall be evaluated according to provisions contained
411 in Section 906.04 of this Ordinance.
3
(24) "Wetland" means land which is annually subject to periodic or continual inundation by •
water and commonly referred to as a bog, swamp, or marsh.
906.04-ADMINISTRATION
1. Permits Required.
A,/ A permit is required for the construction of structures or structure additions (and
including such related activities as construction of decks and signs), the installation and/or
alteration of sewage treatment systems, and the grading and filling of the natural topography.
Application for a permit shall be made to the Building and Zoning Administrator on the
forms provided. The application shall include the necessary information so that the Building
and Zoning Administrator can determine the site's suitability for the intended use and that a
compliant sewage treatment system will be provided.
B. j/ Permits shall stipulate that any identified nonconforming sewage treatment system, as
defined by Section 906.10 (3) shall be reconstructed or replaced in accordance with the
provisions of this Ordinance.
2. Certificate of Zoning Compliance - The Building and Zoning Administrator shall issue a
certificate of zoning compliance for each activity requiring a permit as specified in 906.04 (1) of this
Ordinance. This certificate will specify that the use of land conforms to the requirements of this
Ordinance. Any use, arrangement, or construction at variance with that authorized by permit shall
be deemed a violation of this Ordinance and shall be punishable as provided in Section 906.02 (3)
of this Ordinance.
3. Certification. •
A re Certain land use decisions which directly affect the use of land within the designated
and use districts and involve any of the following actions must be certified by the
Commissioner as described in Section 906.04(4):
i. Adopting or amending an ordinance regulating the use of land, including rezoning
of particular tracts of land.
ii. Granting a variance from a provision of this ordinance which relates to the zoning
dimension provisions of this ordinance.
iii. Approving a plat which is inconsistent with this ordinance.
B, ( No such action shall be effective until the Commissioner has certified that the action
complies with the Minnesota Wild and Scenic Rivers Act, the statewide standards and
criteria, and the management plan.
4. Certification Procedure.
q p A copy of all notices of any public hearings, or where a public hearing is not required, a
copy of the application to consider zoning amendments,variances, or inconsistent plats under
this ordinance shall be sent so as to be received by the Commissioner at least 30 days prior to
such hearings or meetings to consider such actions. The notice or application shall include a
copy of the proposed ordinance or amendment, or a copy of the proposed inconsistent plat,
or a description of the requested variance.
4
The City of Elk River shall notify the Commissioner of its final decision on the proposed
action within ten days of the decision.
•
The Commissioner shall, no later than 30 days from the time he receives notice of the
Gfinal decision, communicate either certification of approval, with or without conditions, or
notice of nonapproval.
D ,! The action becomes effective when and only when either:
i. The final decision taken by the City of Elk River has previously received
certification of approval from the Commissioner; or
ii. The City of Elk River receives certification of approval after its final decision; or
iii. Thirty days have elapsed from the day the Commissioner received notice of the
final decision, and the City of Elk River has received from the Commissioner neither
certification of approval nor notice of nonapproval; or
iv. The Commissioner certifies his approval after conducting a public hearing.
E / In case the Commissioner gives notice of nonapproval of an ordinance, amendment,
variance or inconsistent plat, either the applicant or the City of Elk River may within 30 days
of said notice, file with the Commissioner a demand for hearing. If the demand for hearing is
not made within 30 days, the notice of nonapproval becomes final.
i. The hearing will be held in an appropriate local community within 60 days of the
• demand and after at least two weeks'published notice.
ii. The hearing will be conducted in accordance with Minnesota Statutes, section
103G.311, subdivisions 2, 6, and 7.
iii. The Commissioner shall either certify his approval or deny the proposed action
within 30 days of the hearing action.
5. Amendments.
A ,i Requests for amendments of this ordinance may be initiated by a petition of affected
property owners, the planning commission, or by action of the City of Elk River. An
amendment not initiated by the planning commission shall be referred to the planning
commission for study and report prior to action by the City of Elk River.
i3 An application for an amendment shall be filed with the Building and Zoning
Administrator.
C � Upon receipt in proper form of the application and other requested materials, a public
Baring shall be conducted in the manner prescribed by Minnesota Statutes. Following the
public hearing, the City of Elk River may adopt the amendment in the manner prescribed by
Minnesota Statutes.
Certification from the Commissioner must be obtained as specified in Sections 906.04
(3) and (4) of this Ordinance before the proposed amendment or rezoning becomes effective.
•
5
•
6. Variances.
Ay/ Variances may be considered for deviations from the strict application of the standards •
'set forth in this Ordinance. Variances may only be granted in accordance with Minnesota
Statutes, Chapter 462 and if the following conditions are present:
i. The strict enforcement of the land use controls will result in unnecessary hardship.
ii. Granting of the variance is not contrary to the purpose and intent of this
ordinance and is consistent with Minnesota Rules, parts 6105.0800 -6105.0960.
iii. There are exceptional circumstances unique to the subject property which were
not created by the landowner.
iv. Granting of the variance will not allow any use which is neither a permitted or
conditional use in the land use district in which the subject property is located.
v. Granting of the variance will not alter the essential character of the locality.
1 j Conditions may be imposed in the granting of a variance to ensure compliance and to
protect adjacent properties and the public interest.
Additional Standards for Nonconforming Sewage Treatment Systems. For existing
developments, the application for a variance shall clearly demonstrate whether a conforming
sewage treatment system is present for the intended use of the property. The variance, if
issued, shall require reconstruction of a nonconforming sewage treatment system.
D / 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. All granted variances to the
requirements of this ordinance must be certified in accordance with Sections 906.04 (3) and
(4) of this Ordinance before they become effective.
7. Plats.
A ,L Copies of all plats within the Mississippi Wild and Scenic River District shall be
forwarded to the Commissioner within ten days of approval by the City of Elk River.
3 / Approval of a plat which is inconsistent with this ordinance is permissible only if the
detrimental impact of the inconsistency is more than overcome by other protective
characteristics of the proposal.
C All inconsistent plats approved by the City of Elk River must be certified in accordance
with Sections 906.04 (3) and (4) of this Ordinance.
8. Conditional Use Permit Application Review by DNR - A copy of all notices of any public
hearing, or where a public hearing is not required, a copy of the application to consider issuance of
a conditional use permit shall be sent so as to be received by the Commissioner at least 30 days
prior to such a hearing or meeting to consider issuance of a conditional use permit. Additional
evaluation criteria and conditions from Section 904.08 (7) shall be considered in evaluating
conditional use permit requests. A copy of the decision shall be forwarded to the Commissioner
within ten days of such action.
•
6
• 906.06-WILD AND SCENIC RIVER LAND USE DISTRICT
1. Wild and Scenic River Designation and Boundaries.
A % In order to preserve and protect the Mississippi River and its adjacent lands which
possess outstanding scenic, recreational, natural, historical, scientific and similar values, the
Mississippi River in Elk River has been designated as a Wild and Scenic River and this river
and its adjacent lands are hereby designated as a Wild and Scenic River District, the
boundaries of which are based on the Mississippi River rule, Minnesota Rules, parts
6150.0910 and 6105.0950.
C3 )( The boundaries of the Mississippi Wild and Scenic River District are shown on the map
designated as the City of Elk River Official Zoning Map, which is made a part of this
ordinance and is on file with the zoning administrator. In case of conflict between the Zoning
Map and the property descriptions in Minnesota Rules, the latter shall prevail.
2. Mississippi Wild and Scenic River Overlay District
Overlay Concept - The Mississippi Wild and Scenic River District of the City of Elk
River shall be treated as an Overlay District. All Permitted, Accessory, Conditional and
Prohibited Uses as specified by the applicable underlying Zoning District shall apply, except
that marinas and extractive uses are prohibited. The development of public or private
recreational facilities shall conform to the design specification guidelines in Minnesota Rules,
part 6105.0940. These underlying districts are shown on the Zoning Map, and the uses are
described in Section 900.12 of the Zoning Ordinance. In addition, land use patterns within
the Mississippi Wild and Scenic River District shall be consistent with the City of Elk River's
• Growth Management Plan.
3 )i Rezoning - In reviewing proposals to rezone any land underlying the Mississippi Wild
and Scenic River Overlay District, the City shall assure that the proposed Zoning District is
consistent with Section 906.00 (2) and the criteria, considerations, and objectives in Section
904.06 (2) (c) of this Ordinance. Rezoning must be certified in accordance with Section
906.04 of this Ordinance.
906.08- ZONING AND WATER SUPPLY/SANITARY PROVISIONS
1. Lot Area and Width Standards.
The following standards shall apply to the Mississippi Wild and Scenic River District listed in
Section 906.06. Where the requirements of the underlying zoning district as shown on the
Official Zoning Map are more restrictive than those set forth herein, the more restrictive
standards shall apply. The lot area (in square feet) and lot width standards (in feet) for
single, duplex, triplex and quad residential lots created after the date of enactment of this
Ordinance shall be as follows:
Noxi 4StwtREJ>
A , Areas in the Mississippi Wild and Scenic River District , ,
32N, Re
Riparian Lots Nonriparian Lots
Area Width Area Width
4thisewe,F84 Scwci cd
• Single 2 1/2 acres 100 ft. 2 1/2 acres 150 ft. 444-ft:-
7
•
•
•
I. . - 49 - . -1 - . . i• • - _ • e _ ..:••• q.. II
Riparian Lots Nonriparian Lots
Area s..ft. Area (sq.ft.) Width
Single - l 11^I 100 40000 150
Duplex 40000 :i 80000 265
Triplex 60000 260 120000 375
I . . 80000 340 .:!II 490
j . il -Othe Sewered Areas in the Mississippi Wild and Scenic River District
Riparian Lots Nonriparian Lots
Area (sq.ft.) Width Area (sq.ft.) Width
Single 15000 75k 10000 75
Duplex 26000 135 17500 135
Triplex 38000 195 25000 190
Quad 49000 255 32500 245
A glf'AgiAN AN No du fti'ARIA i LoT widTNS IN $fcmiuw t /3iy L3 c el T32N 22. G ' SHmi1
C • Additional Special Provisions. Se /00 F('E r' , '
i. Only land above the ordinary high water level of public waters may be used to
meet lot area standards, and lot width standards shall be met at both the ordinary high
water level and at the building line.
ii. The sewered lot area and lot width dimensions in Section 906.08 (1) may only be
used if publicly owned sewer system is available to the property. •
iii. Residential subdivisions with dwelling unit densities exceeding those in the tables
in Section 906.08 (1) may only be allowed if designed and approved as residential
planned unit developments under Section 906.14 and Section 900.12 of this Ordinance.
iv. Lots intended as controlled accesses to public waters or as recreation areas for use
by only the owners of nonriparian lots within subdivisions are permissible and shall meet
or exceed the standards of Section 904.08(1) (d) ii.
2. Placement, Design, and Height of Structures,
A / Placement of Structures on Lots. When more than one setback applies to a site,
structures and facilities shall be located to meet all setbacks. Structures shall be located as
follows:
i. Structure and On-site Sewage System Setbacks (in feet) from Ordinary High
Water Level in Mississippi Wild and Scenic River District.
Setbacks in Sec. 33&34, T33N, R26W
Structures Sewage Treatment
Unsewered Sewered System
75 ft. 50 ft. 50 ft.
II
8
• Setbacks in Wild and Scenic River District not in Sec. 33&34, T33N, R26W
Structures Sewage Treatment
Unsewered Sewered System
100 ft. 100 ft. 50 ft.
ii. Additional structure setbacks shall be subject to the requirements set forth in
Section 904.08 (2) (a) ii - iv. Any reference to the normal structure setback in these
provisions shall be in accordance with the setbacks contained in Section 906.08 (2) (a) i.
iii. Where structures exist on the adjoining lots on both sides of a proposed building
site, and if the lot does not meet the minimum lot width requirements of this ordinance
and if the proposed building site is not located in a shore impact zone or in a bluff
impact zone, structure setbacks may be altered without a variance to conform to the
adjoining setbacks from the ordinary high water level.
Design criteria and height for structures shall be subject to Section 904.08 (2) (b) and
(c) of this Ordinance. Any reference to the normal structure setback in these provisions shall
be in accordance with the setbacks contained in Section 906.08 (2) (a) i.
3. Shoreland Alterations -Alterations of vegetation and topography will be regulated to prevent
erosion into public waters, fix nutrients, preserve aesthetics, preserve historic values, prevent bank
slumping, and protect fish and wildlife habitat.
• A I Vegetation Alterations.
These vegetative cutting provisions shall apply to those areas within structure setbacks from
the ordinary high water level and top of the bluff specified in Section 906.08 (2) (a) i. and ii.
i. General provisions,within these setback areas:
a. Clear cutting, except for any authorized public services such as roads and
tilities, shall not be permitted.
6 (c21 Selective cutting of trees in excess of four inches in diameter at breast height
is permitted provided a continuous tree cover is maintained, uninterrupted by
large openings, and cutting is spaced in several cutting operations.
a b
c ( 5 The cutting provisions of and 0, shall not be deemed to prevent:
The removal of diseased or insect-infested trees, or of rotten or
damaged trees that present safety hazards.
2. ( Pruning understory vegetation, shrubs, plants, bushes, grasses, or from
harvesting crops, or cutting suppressed trees or trees less than four inches in
diameter at breast height.
ii. Clear Cutting. Clear cutting anywhere in the Mississippi Wild and Scenic River
District is subject to the following standards and criteria:
•
9
0. (k5 Clear cutting shall not be used as a cutting method where soil, slope, or Aik
other watershed conditions are determined by the Building and Zoning',
Administrator to be fragile and subject to injury, severe erosion, or sedimentation.
b (Z Clear cutting shall be conducted only where clear-cut blocks, patches or
strips are, in all cases, shaped and blended with the natural terrain.
The size of clear-cut blocks, patches or strips shall be kept at the minimum
necessary.
d
Where feasible, all clear cuts shall be conducted between September 15 and April 15. If natural regeneration will not result in adequate vegetative cover,
areas in which clear cutting is conducted shall be replanted to prevent erosion and
to maintain the aesthetic quality of the area. Where feasible, replanting shall be
performed in the same spring, or the following spring.
'a Topographic Alterations/Grading and Filling/Alterations of the Beds of Public Waters.
i. Grading and filling of the natural topography which is not accessory to a permitted
or conditional use shall not be permitted.
ii. Grading and filling of the natural topography which is accessory to a permitted or
conditional use shall not be conducted without a grading and filling permit from the
Building and Zoning Administrator. A grading and filling permit may be issued only if
the following conditions are properly satisfied:
A (0 Grading and filling shall be performed in a manner which minimizes•
earthmoving, erosion, tree clearing, and the destruction of natural amenities.
b The smallest amount of bare ground is exposed for as short a time as
feasible.
C ( Temporary ground cover, such as mulch, is used and permanent ground
cover, such as sod, is planted.
d (0 Methods to prevent erosion and trap sediment are employed.
C (p2) Fill is stabilized to accepted engineering and erosion control standards.
iii. Excavation of material from, or filling in a Wild, Scenic or Recreational River, or
construction of any permanent structures or navigational obstructions therein is
prohibited unless authorized by a permit from the Commissioner pursuant to
Minnesota Statutes, section 103G.245. Section 103G.245 requires a permit from the
Commissioner before any change is made in the course, current, or cross-section of
public waters.
iv. Drainage or filling in of wetlands is not allowed within the Mississippi Wild and
Scenic River District.
4. Utility Transmission Crossings.
A , ji All utility crossings of the Mississippi River or state lands within the Mississippi Wild
and Scenic River District require a license from the Commissioner pursuant to Minnesota•
Statutes, section 84.415.
10
• pjAll utility transmission crossings constructed within the Mississippi Wild and Scenic
River District shall require a conditional use permit. The construction of such transmission
services shall be subject to Minnesota Rules, parts 6105.0170 and 6105.0180. No conditional
use permit shall be required for high voltage transmission lines under control of the
Environmental Quality Board pursuant to Minnesota Statutes, Section 116 C. 61.
5. Placement and Design of Roads, Driveways, and Parking Areas
A In addition to such permits as may be required by Minnesota Statutes, Section
103G.245, a conditional use permit shall be required for any construction or reconstruction of
public roads within the Mississippi Wild and Scenic River District. Such construction or
reconstruction shall be subject to Minnesota Rules, parts 6105.0190 and 6105.0200.
B 4. Public roads include township, county, and municipal roads, streets and highways which
serve or are designed to serve flows of traffic between communities or other traffic generating
areas. A conditional use permit is not required for minor public streets which are streets
intended to serve primarily as an access to abutting properties.
"! Public and private roads and parking areas shall be designed to take advantage of
natural vegetation and topography to achieve maximum screening from view from public
waters. Documentation shall 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.
• D Roads, driveways, and parking areas shall meet structure setbacks and shall not be placed within bluff and shore impact zones.
6. Stormwater Management - The general and specific standards of Section 904.08 (5) of this
Ordinance shall be met.
7. Special Provisions for Commercial, Industrial, Public/Semipublic, Agricultural, Forestry and
Mining of Metallic Minerals and Peat - These uses shall be subject to the standards set forth in
Section 904.08 (6) of this Ordinance.
8. Water Supply and Sewage Treatment.
A p Water Supply - Any public or private supply of water for domestic purposes shall meet
or exceed standards for water quality of the Minnesota Department of Health and the
Minnesota Pollution Control Agency.
3 / Sewage treatment - Any premises used for human occupancy shall be provided with an
adequate method of sewage treatment which meets all of the requirements set forth in
Section 904.08 (8), except that on-site sewage treatment systems shall be set back from the
ordinary high water level in accordance with the setbacks contained in Section 906.08 (2) (a)
of this Ordinance.
906.10- NONCONFORMING USES
All legally established nonconforming uses as of the date of this Ordinance may continue, but they
• will be managed according to applicable state statutes and other regulations of the City of Elk
River for the subjects of alterations and additions, repair after damage, discontinuance of use, and
11
intensification of use; except that the following standards will also apply in the Mississippi Wild and Ak
Scenic River District;
1. Construction on Nonconforming Lots of Record.
A Lots of record in the office of the county recorder on the date of enactment of local
controls that do not meet the requirements of Section 906.08 (1) of this Ordinance may be
allowed as building sites without variances from lot size requirements provided the use is
permitted in the zoning district, the lot has been in separate ownership from abutting lands at
all times since it became substandard, was created compliant with official controls in effect at
the time, and sewage treatment and setback requirements of this Ordinance are met.
If setback requirements cannot be met, a variance shall be obtained and certified in
accordance with Section 906.04 before any use, sewage treatment system, or building permit
is issued for a lot. In evaluating the variance, the Board of Adjustment shall consider
prerequisites for a variance, sewage treatment and water supply capabilities, or constraints of
the lot and shall deny the variance if adequate facilities cannot be provided.
If, in a group of two or more contiguous lots under the same ownership, any individual
lot does not meet the requirement of Section 906.08 (1) of this Ordinance the lot shall not be
considered as a separate parcel of land for the purposes of sale or development. The lot shall
be combined with the one or more contiguous lots so they equal one or more parcels of land,
each meeting the requirements of Section 906.08 (1) of this Ordinance as much as possible.
2. Additions/Expansions to Nonconforming Structures.
A ' All additions or expansions to the outside dimensions of an existing nonconforming
structure shall meet the setback, height, and other requirements of Section 906.08 of this
Ordinance. Any deviation from these requirements shall be authorized by a variance
pursuant to Section 906.04.
Z. X. Deck additions may be allowed without a variance to a structure not meeting the
required setback from the ordinary high water level if all of the following criteria and
standards are met: -
i. the structure existed on the date the structure setbacks were established;
ii. a thorough evaluation of the property and structure reveals no reasonable
location for a deck meeting or exceeding the existing ordinary high water level setback
of the structure;
iii. the deck encroachment toward the ordinary high water level does not exceed 15
percent of the existing setback of the structure from the ordinary high water level or
does not encroach closer than 30 feet,whichever is more restrictive; and
iv. the deck is constructed primarily of wood, and is not roofed or screened.
3. Nonconforming Sewage Treatment Systems.
A / A sewage treatment system not meeting the requirements of Section 906.08 (8) of this
Ordinance shall be upgraded, at a minimum, at any time a permit or variance of any type is
required for any improvement on, or use of, the property. For the purposes of this provision,
a sewage treatment system shall not be considered nonconforming if the only deficiency is the •
sewage treatment system's improper setback from the ordinary high water level.
12
• 906.12 - SUBDIVISION/PLATTING PROVISIONS - Each lot created through subdivision
including planned unit developments authorized under Section 906.14 of this Ordinance, shall be
subject to the requirements set forth in Section 904.12 of this Ordinance. 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 906.08 (2) and (8) can
be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements
of Section 906.08 (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.
906.14 - PLANNED UNIT DEVELOPMENTS (PUDs)
1. Types of PUDs Permissible - Planned Unit Developments (PUDs) are allowed for new
projects on undeveloped land, redevelopment of previously built sites, or conversions of existing
buildings and land.
2. Processing of PUDs - Planned unit developments shall be processed as a conditional use
pursuant to Sections 900.12 and 906.04 (8) of this Ordinance. Approval cannot occur until the
environmental review process (EAW/EIS) is complete.
3. Standards - Residential PUDs shall be subject to the requirements set forth in Section 904.14
(3) - (5) and Commercial PUDs shall be subject to the requirements set forth in Section 904.14 (3),
4 , and (6). Both Residential and Commercial PUDs shall also be subject to the following:
A , / On-site sewage treatment systems shall be set back from the ordinary high water level in
accordance with the setbacks contained in Section 906.08 (2)(a) of this Ordinance.
• 3 ,k( The development of recreational facilities shall conform to the design specification
guidelines in Minnesota Rules, part 6105.0940.
C c! In addition to any requirements for preservation of vegetation in open space areas by
permanent means, the provisions of Section 906.08 (3) shall minimally be met.
•
� ) A.(
ITEM 5.12.
ty of � MEMORANDUM
1k •
TO: Planning Commission
River
FROM: Scott Harlicker, Assistant Planne
DATE: July 23, 1996
SUBJECT: City of Elk River Request for Ordinance
Amendment Related to Licensing of
Pawnshops and Pawnbrokers, Public
Hearing Case No. OA 96-8
Issue
Consider a request by the City of Elk River to amend Section 900.08 and Section
900.12 relating to definitions and highway commercial uses.
Attachments
• Summary sheet of pawn shop survey
Ordinance 96-
Background
The staff is in the process of updating the licensing procedure for pawn shops.
On March 18,1996, the City Council approved an ordinance that established a
moratorium on pawn shops for one year or until the Code of Ordinances has
been updated with respect to pawn shops. As part of this process staff is
creating a definition for pawnbroker and pawnshops and looking at whether
pawn shops should be considered a permitted retail use or allowed as a
conditional use and in what zones they should be allowed. Under the existing
ordinance, the issue of where pawn shops are allowed is not addressed. In the
past they have been treated as a permitted retail use. At this time, the best
interpretation is to permit pawnshops as a retail use.
Issues
There are three primary planning issues that need to be addressed:
• Should pawn shops be allowed as a permitted retail use or as a conditional
use
• • In which zones should they be located
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
• • Under what conditions should they be allowed i.e. setbacks from other land
uses
Staff reviewed ordinances from other cities; their requirements for setbacks,
whether it is a permitted or conditional use and other licensing requirements
are outlined on the attached summary sheet.
Analysis
Permitted or Conditional Use
Two of the seven ordinances reviewed had pawn shops as conditional uses; they
are Bloomington and Richfield. In Bloomington, they are allowed as a
conditional use in the B-3 (General Business) District. The purpose of this
district is to provide centralized areas for businesses that do not belong in
shopping centers, and for highway or automobile oriented businesses.
Bloomington did not specify in the zoning code what specific conditions or
standards will apply to pawn shops; that was addressed in the body of the
licensing ordinance. Richfield allows pawn shops as a conditional use in the C-2
District. The conditions and standards that apply to pawn shops are included in
the zoning code and not in the licensing ordinance. The remaining five cities
• allowed pawn shops as a permitted retail use in certain commercial districts
By allowing pawn shops as a conditional use it provides additional time for
public comment because a public hearing is required for conditional use permits.
Secondly, by requiring a conditional use permit the City has an opportunity to
address site plan issues and a forum to correct areas of the site that are not in
compliance with the zoning code.
Zones
All of the ordinances reviewed allow pawn shops in at least one of their
commercial zones. Richfield also allows them in the industrial zone. The
commercial zones in which they are allowed seem to be general business or
highway commercial type zones.
By allowing pawn shops only in the industrial zones the conflict with pawn
shops being to close to other incompatible uses such as churches, schools,
residences will be minimize. However, by allowing them only in industrial zones
they are being restricted to areas with limited accessibility and not usually
conducive for retail type uses. Also by allowing them in industrial zones the City
would be introducing a retail land use into a zone in which it is not really
compatible and encouraging the utilization of limited industrial land for non-
eindustrial land uses.
Ill
The highway commercial zones are more accessible, are found in wider areas of
the city but the opportunity for conflicting uses is greater because of the
proximity to schools, parks, daycare centers and residences. However, pawn
shops which from a land use perspective are a retail land use, would most
appropriately fit into the highway commercial zone
Conditions and Performance Standards
All of the cities surveyed had conditions or performance standards of some type.
Restrictions limiting the hours of operation was a common condition. Five of the
seven cities limited the hours of operation. Elk River currently limits the hours
of operation to 7am to 9pm Monday through Saturday. Regulation of hours of
operation will be included in the updated licensing procedure
Setbacks from certain land uses was a condition in three cities. Blaine and
Brooklyn Park require a 300 foot setback between pawn shops and a church or a
school. Richfield requires a 1000 foot setback from schools, churches, daycare
facilities, library, government building or other pawn shop and a 250 foot
setback from any residential zone. Elk River currently has no restrictions on
separation from other land uses.
Setbacks from incompatible land uses would support the City's ordinance in that
IIIthe ordinance will prohibit minors from conducting pawn transactions.
Therefore, it seems reasonable to require a setback from land uses directed
towards youth such as schools, day care centers, parks and residential zones
and the proposed ordinance will reflect that.
Recommendation
It is recommended that the Planning Commission recommend approval of the
ordinance creating a definition for pawn shops and including them as a
conditional use in the C3 (Highway Commercial) zone with setbacks of 250 feet
from residential zones and 500 feet from schools, parks and daycare centers.
III
• ORDINANCE 96-
CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTIONS 900.08 AND 900.12 OF THE
CITY OF ELK RIVER CODES OF ORDINANCE RELATING TO
DEFINITIONS AND CONDITIONAL USES IN THE C3 ZONING DISTRICT
CASE NO. OA 96-8
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.08 of the City of Elk River Code of Ordinance titled,
"Definitions" is hereby amended to read as follows:
Pawnbroker: A person engaged in whole or in part in the business of
lending money on the security of pledged goods left in pawn, or in the
business of purchasing tangible personal property to be left in pawn on the
condition that it may be redeemed or repurchased by the seller for a fixed
price within a fixed period of time.
Pawnshop: The location at which or premises in which a pawnbroker
IIIregularly conducts business.
Section 2. Section 900.12 (12) of the City of Elk River Code of Ordinance titled
"Permitted, Accessory, and Conditional Uses" is hereby amended to read as follows:
12. C-3 Highway Commercial District
C. Conditional Uses
xxi. Pawnshops
Section 3. That this Ordinance shall take effect and be in full force from and after the
date of its publication.
Passed and adopted this day of ,1996, by the City Council of the City
of Elk River.
Henry A. Duitsman, Mayor
ATTEST:
0 Sandra A. Thackeray, City Clerk
PAWN SHOPS SURVEY
City Conditional Use Setbacks from Certain Hours of Other Licensing
or Permitted Use Land Uses Operation Regulations
Bloomington CUP No restrictions 7 am - 10 pm Holding- 30 days
$12,000 license fee
Public hearing required
Richfield CUP 1000'from schools, 7 am - 10 pm Holding- 12 day
churches,daycare, Redemption - 60 day
public library, $1,750 license fee
government building, Public hearing required
or other pawn shop,
250'from residential
zoned property
Burnsville Permitted retail No restrictions 9 am - 9 pm Holding- 30 day
Redemption - 60 day
S10,000 license fee
No public hearing req'd.
Blaine Permitted retail 300'church or school No restrictions Holding- 3 days
Redemption- 30 days
$12,000 license
No public hearing req'd.
Fridley Permitted retail No restrictions 7 am - 10 pm Holding 72 hours
Redemption- 90 days
• License Fees:
Class A- $15,000
Class B -$12,000
Class C -$10,000
No public hearing req'd.
Ramsey Permitted retail No restrictions 7 am - 9 pm Holding-None
Monday Redemption- 30 days
through $3,000 license
Saturday No public hearing req'd.
Brooklyn Park Permitted retail 300'from church No restrictions Holding-none
or school Redemption- 30 days
$1,750 license
Public hearing required
Elk River Permitted use No restrictions 7 am - 9 pm Holding-none
Monday Redemption- 30 days
through $1,750 license
Saturday No public hearing req'd.
• •