04-14-86 PC Agenda , Golden Valley Planning Commission
Civic Center, 7800 Golden Valley Road
April 14, 1986
7:00 P.M.
AGENDA
" I. APPRQV�L 0� MINllTES - MARCH 24, �986
II. INFORMAL PUBLIC HEARING - CONDITIONAL USE P£RMiT
APPLICANT: St. Margaret Mary Church
LOCATION: 2225 Zenith Avenue North �
REQUE�T: Approv�1 of a Conditional Use Permit to Operate
a Day Care Center in an Institution�l Zoning pistrict
III. R�ViEW 0� AN AMENDM��T TO THE ZdNING ORDTNANCE - SHORELA�p
MANAG£ ENT ORDINANCE
IV. RfPORT ON NRA ME€TING - APRIL 8, 1986
V. REPORT ON CITY CQUNCIL MEETING - APRIL 1, �986
_______________________________________________________________________________
PLANNINB COMMISSION GUIDELINES FOR PUBLIC INPUT
The Planning Commission is an advisory body, zreated to advise tbe City Countil
on land use. The Gbmmisslon w;ll recotmnend C6uncil approval or dEn9a7 of a
iand use proposal baspd upon the Commission's det�rmioa#ion of whether the pro-
posed use 9s permitied pnder the Zoning Code and the ComprehensiVe P7an, and
Nhether the proposed use wi11� or will not, adversely affect the surrounding
neighbprhood.
The Commission holds infprmal pubiic heartngs on land use propose1s to enab]e
you to iearn. first-hand, what such proposels are, and to permit you to ask
questions and offer comnents. Your questions and cormnents becort� part af the
record and will be used by the Council. aloog with the Coimnissian's recormrtenda-
t9on. in reaching �its decision.
7o sid 9n your understand9ng and to facilitste your co�nents and questi�ns, the
Comnission will uti7ize Qhe foltowing procedure:
1. The Comm9ssion Chair w�ll introduce the proposa1 end the recairenenda-
tion frrom staff. Comm9ssion members may ask questions of staff.
2. Tfie proponent w911 describe Yhe proposal and aaswer any questions
from the Comroission.
3. The Ghair wil� open the publ9c hearing, asking first fqr �thos� whq
wish to speak to sa indicate by ra9sing their haAds. The Chair may
52t a tdme limit for individua1 quesiions/COrtrtnents if a large number
of persons have indicated a des9re to speak. Spoksspersons for
groups wi]1 have e longer period of time for questions/comments.
4. Please give yeur full nam€ and address clear7y when recogni�ed by the
Chair. Remember, your questions/coamients are for the record.
5. D9rect your questions/comnents to the Chair. Yhe Chair will deter-
mine who w911 answer your questions.
6. No one wi11 be given the opportun9ty to speak a second tirt� until
everyone has had the opportunity to speak 9nitially. Please limit
your second presentation to new informatSon. not rebuttal.
7. At the close of the pub7ic hearing, the Commission will discuss the
Qroposal and take appropriate action.
MINUTES OF THE GOLDEN VALLEY
PLANNING COMMISSION
• March 24, 1986
A regular meeting of the Planning Commission was held in the Council Chambers
of the Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota.
Chairman Prazak called the meeting to order at 7:00 P.M.
Those present were Commissioners Kapsner, Leppik, Lewis, McAleese, McCracken-Hunt
and Prazak. Also present was Mark Grimes, Director of Planning and Development.
Commissioner Russell was absent.
I. APPROVAL OF MINUTES - MARCH 10, 1986
It was moved by Commissioner McAleese, seconded by Commissioner Kapsner and
carried unanimously to approve the minutes of the March 10, 1986 Planning
Commission meeting as recorded.
II. PUBLIC NEARING - PRELIMINARY PLAT
APPLICANT: Virgil D. Negen
LOCATION: 6839 Medicine Lake Road
REQUEST: Approval of the Preliminary Plat of Negen Addition
Chairman Prazak introduced this agenda item and asked for review of the staff
. report. Director Grimes briefly reviewed the staff report and recommended
approval of the preliminary plat.
There was discussion regarding the size of the two parcels in the proposed
preliminary plat and the procedure that is used to approve a plat which has
lots which are smaller than required by the Zoning Code. Director Grimes
indicated that both of the lots in the plat are large enough for houses to be
built on without any setback variances. If too large a house were proposed on
one of the lots, or proposed in a location which would violate a setback
requirement, a variance would have to be requested from the Board of Zoning
Appeals.
Commissioner McAleese questioned the procedure for approving a plat with
smaller lots than required by the Zoning Code. Director Grimes said that
changes will be made as part of the update of the Subdivision Ordinance to
clarify the procedure.
Mr. Virgil Negen, proponent, was present. He indicated that the garage now
located on the south lot would be destroyed because it is not in good enough
condition to be moved. Mr. Negen plans to build a house for his family on the
south lot.
Chairman Prazak opened the public hearing. Hearing and seeing no one, the
hearing was closed.
• It was moved by Commissioner Leppik, seconded by Commissioner Lewis and carried
unanimously to recommend City Council approval of the Preliminary Plat of the
Negen Addition.
• Minutes of the Golden Valley Planning Commission
March 24, 1986
Page 2
� III. SET DATE FOR INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT
APPLICANT: St. Margaret Mary Church
LOCATION: 2225 Zenith Avenue North
REQUEST: Approval of a Conditional Use Permit for a Day Care
Center in an Institutional Zoning District
Chairman Prazak indicated that Director Grimes requested that the Planning
Commission set an informal public hearing date of April 14, 1986 for the
consideration of a Conditional Use Permit for St. Margaret Mary Church. It was
noted that the Church had previously received a Conditional Use Permit for a
day care center in the rectory building. However, this center never opened.
It was moved by Commissioner McAleese, seconded by Commissioner Leppik and
carried unanimously to set in informal public hearing date of April 14, 1986 to
consider the request by St. Margaret Mary Church for a Conditional Use Permit
in order to operate a day care center.
IV. ELECTION OF OFFICERS
It was moved by Commissioner Kapsner, seconded by Commissioner McAleese and
carried unanimously to elect Commissioner Prazak as Chairman, Commissioner
Leppik as Vice Chairperson and Commissioner McCracken-Hunt as Secretary for the
• period of March, 1986 - March, 1987.
V. REPORT ON BZA MEETING - MARCH 12, 1986
There was no report on the BZA meeting held on March 12, 1986.
VI . REPORT ON HRA MEETING - MARCH 13, 1986
Commissioner Prazak represented the Planning Commission at the March 13, 1986 `
HRA meeting and provided a report. He indicated that the Development Agreement
between the HRA and Trammell Crow/Embassy Suites was approved. Director Grimes
indicated that the PUD for the proposed development should be to the Planning
Commission within the next couple of months.
VII. REPORT ON CITY COUNCIL MEETING - MARCH 19, 1986
Commissioner Lewis represented the Planning Commission at the March 19, 1986
City Council meeting and provided a report. It was noted that the rezoning of
the property at Lewis Road and Tenth Avenue for the Hennepin Co-Op Seed
Exchange was approved.
The meeting was adjourned at 7:50 P.M.
Respectfully submitted,
.
Gary Prazak, Chairman Linda McCracken-Hunt, Secretary
April 9, 1986
� T0: Golden Valle Plannin Commission
Y 9
FROM: Alda Peikert, City Planner
SUBJECT: Informal Public Hearing - Conditional Use Permit - Day Care in an
Institutional (I-1) Zoning District - St. Margaret Mary Church -
2225 Zenith Avenue North
St. Margaret Mary Church, located at the intersection of Golden Valley Road
with Wirth Parkway, requests approval of a Conditional Use Permit for day care
within the St. Margaret Mary school building. St. Margaret Mary Church is
located in the Institutional (I-1) Zoning District, in which child day care
facilities are provided for as a conditional use.
A Conditional Use Permit was previously approved by the City Council on May 21,
1985 for a day care facil}ty for 70 children in the St. Margaret Mary convent
building located at 2301 Zenith Avenue North to the north of the church and
school building. The Planning Commission held an informal public hearing on
the previous day care proposal on April 8, 1985 and recommended City Council
approval . The previous Conditional Use Permit was issued to Joseph and Mary
Whelan as operators of the proposed day care facility in conjunction with St.
Margaret Mary Church as owners of the building. At the time of issuance of the
permit, the Whelans and the Church had not clarified whether the Church would
• operate the center with Ms. Mary Whelan as Director or whether the Church would
lease the convent to the Whelans as operators of the facility. Due to the fact
that cost of renovation of the convent building to meet State and building code
requirements for day care was prohibitive, the Church and Whelans did not
implement the previously approved day care proposal .
The applicant for the currently proposed day care operation within the St.
Margaret Mary school building is St. Margaret Mary Church. Ms. Mary Whelan is
in the position of Day Care Coordinator for St. Margaret Mary Church and School
and started on staff with an office in the school building in March 1986. Ms.
Whelan. is in the process of setting up facilities, obtaining the required State
license, hiring staff, publicizing the program and taking enrollments. Opening
of the proposed day care operation is scheduled for August 1986, prior to
opening of the school in order to allow time for the day care operation to be
underway when school starts.
The current application proposes to provide day care for 40 preschool children
Z 1/4 to 4 years in age, 20 kindergarten children for hours outside of the
kindergarten sessions, and 40 children in first �hrough sixth grades prior to
and after school hours. Meals would be coordinated with the school lunch
program, and snacks would be provided. The program for school age children
would serve students from other schools within the Robbinsdale School District
who may be bused to day care. Ms. Whelan reports that she has already received •
enrollments of students from Noble Elementary School .
•
• Golden Valley Planning Commission
April 9, 1986
Page 2 •
•
School spaces proposed for use in the day care program are illustrated on the
attached school building floor plan provided by the applicant. Three classroom
spaces will be devoted to preschool and kindergarten age day care during school
hours. The library and learning (computer) center are designated as areas for
use of elementary students before and after school hours. Activity and eating
areas include the social room for grade school age student activities and a
larger hall for indoor exercise for younger children and for use as an eating .
area. Outside play area is provided by school playground facilities. The drop
off and pickup point will be the main school entrance which has adequate
parking directly in front. Day care drop off and pickup times will be earlier
and later than regular school hours and will not conflict with arrival and
departure times of regular kindergarten and elementary school students.
City Planning staff has conferred with the State staff person handling licensing
of the proposed day care facility and received confirmation that the school
premises have been inspected by State staff and found acceptable for provision
of day care to 40 preschool children, 20 kindergarten students, and 40 elementary �
school students. The State staff liaison reports that all forms required have
been provided to Ms. Whelan and that they are in contact on the application,
but that a completed formal application has not yet been filed with the State.
The City Building Inspector and City Fire Marshal have previously inspected the
school building for day care use and provided the Whelans and the Church with a
• report outlining requirements.
Section 20.03.G. of t�e City Zoning Ordinance provides that in considering a
Conditional Use Permit application, the Planning Commission shall make findings
and recommendations to the City Council on ten items, which need not be given
equal weight in the consideration. Examination of the proposed day care
operation at St. Margaret Mary School in view of each of the ten items follows:
1. Demonstrated need for the proposed use.
The applicant notes on the Conditional Use Permit application form
that need for child care in the community was thoroughly researched
and that the Church believes the proposed day care facility will
fulfill a need of working parents. Planning staff concurs with the
statement of a need for day care facilities.
2. Consistency with the Comprehensive Plan of the City.
The Comprehensive Land Use Plan in the adopted City of Golden Valley
Comprehensive Plan designates long term land use of the subject site
as semi-public facilities. The proposed day care use in conjunction
with the Church and school is in conformance with the semi-public
facilities land use designation.
•
- Golden Valley Planning Commission
April 9, 1986
Page 3
�
3. Effect upon property values in the neighboring area.
Surrounding land uses include parkland to the north and west, Wirth
Parkway to the south, and a single family residential neighborhood
across Zenith Avenue North to the east. The proposed day care use
will not change the appearance of the school and will have no impact
on property values in the neighboring area.
4. Effect of any anticipated traffic generation upon the current traffic
flow and congestion in the area.
The day care program will generate additional car trips to the school
site in the early morning and late afternoon prior to and after
regular school student busing times. The additional trips will be
spaced over a period of several hours in the morning and in the
afternoon. It is not anticipated that the additional trips to the
school will create traffic problems in the area.
5. Effect of any increases in population and density upon surrounding
land uses.
The proposed use will not result in any increases in population and
density.
• 6. Increase in noise levels to be caused by the proposed use.
The proposed day care program would not add appreciably to noise
generated by what is already a school site. The nearest residential
use is across Zenith Avenue North separated from the school site by
the street.
7. Any odors, dust, smoke, gas, or vibration to be caused by the proposed
use.
The proposed use would not cause any odors, dust, smoke, gas, or
vibration.
8. Any increase in flies, rats, or other animals or vermin in the area to
be caused by the proposed use.
The proposed use would not result in any increase in flies, rats or
other animals or vermin in the area.
9. Visual appearance of any proposed structure or use.
The proposed day care use will involve no alteration of the outside
appearance of the school building.
.
, ' Golden Valley Planning Commission
April 9, 1986
Page 4
• 10. Any other effect upon the general public health, safety, and welfare
of the City and its residents.
Staff foresees no other effects on the general public health, safety
and welfare.
Review of the proposed day care facility in view of the ten factors for exam-
ination of a Conditional Use Permit indicates a favorable recommendation.
Staff suggests that the Planning Commission recommend City Council approval of
the Conditional Use Permit requested by St. Margaret Mary Church for day care
in the St. Margaret Mary School building located at 2225 Zenith Avenue North in
an Institutional (I-1) Zoning District subject to the following conditions:
1. The day care facility shall conform to all requirements and
recommendations of the City of Golden Valley Building Official and
Fire Marshal .
2. The day care facility shall be licensed by the State of Minnesota and
shall operate in conformance with requirements and provisions of the
State license.
•
Attachments:
1. Site Location Map
2. Site Plan
3. Floor Plan
•
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� April 9, 1986
T0: Golden Valley Planning Commission
FROM: Alda Peikert, City Planner
SUBJECT: Amendment to the City of Golden Valley Zoning Ordinance - '
Shoreland Management Ordinance
Attached for Planning Commission consideration is a proposed Shoreland Management
Ordinance for the City of Golden Valley. The Shoreland Management Ordinance
would be incorporated into the City of Golden Valley Zoning Code as a separate
chapter- similar to the Floodplain chapter of the Zoning Code.
State statute provides for municipal adoption of Shoreland Management Ordinances
in accordance with rules and regulations established by the Commissioner of
Natural Resources, head of the Department of Natural Resources (DNR). The City
of Golden Valley has not felt the need in the past to adopt shoreland regulations
because the City has a Floodplain Ordinance which adequately addresses City
concerns.
Adoption of a Shoreland Management Ordinance is proposed at this time because
� it has become evident that establishment of shoreland regulations would simplify
the environmental review process required for major redevelopment projects.
The threshold level for preparation of a mandatory Environmental Impact Statement
(EIS) under the environmental review regulations is higher in some categories
if the City has adopted a Shoreland Management Ordinance as well as a Floodplain
Ordinance.
Adoption of a Shoreland Management Ordinance is also advisable at this time
prior to further development of the Golden Valley Health Center property. An
issue to be addressed in conjunction with adoption of shoreland regulations is
classification of Sweeney and Twin Lakes, treated by the DNR as a single public
water body. The current classification of Recreational Development could be
changed to the less restrictive General Development classification more appro-
priate to the developed west side of Sweeney Lake. Staff suggests retaining
the Recreational Development classification in order to provide greater setback
from the water in the event of development of additional properties on the lakes.
Attachment: Draft Shoreland Management Ordinance
�
ORDINANCE FOR THE MANAGEMENT
• OF SHORELAND AREAS OF THE
CITY OF GOLDEN VALLEY
I. GENERAL PROVISIONS
A) Statutory Authorization: This Ordinance is adopted pursuant to the
authorization contained in the Laws of Minnesota 1973, Chapter 379, and
in furtherance of the policies declared in Minnesota Statutes 1976,
Chapters 105, 115, 116 and 462.
B) Policy: The uncontrolled use of shorelands of the City of Golden Valley
affects the public health, safety and general welfare not only by contri-
buting 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 develop-
ment of the shorelands of public waters and thus preserve and enhance the
quality of surface waters, preserve the economic and natural environ-
mental values of shorelands, and provide for the wise utilization of
waters and related land resources. This responsibility is hereby recog-
nized by the City of Golden Valley.
C) Definitions: For the purpose of this Ordinance, certain terms or words
used herein shall be interpreted as follows: The word "shall" is manda-
tory, not permissive. All distances unless otherwise specified shall be
• measured horizontally.
"Boathouse" means a structure used solely for the storage of boats or
boating equipment.
"Building Line" means that line measured across the width of the lo� at
the point where the principal structure is placed in accordance with
setback provisions.
"Clear-cutting" means the removal of an entire stand of trees.
"Conditional Use" means a use of shorelands which is permitted within a
zoning district only when allowed by the City after a public hearing, if
certain conditions are met which eliminate or minimize the incompatibil-
ity of the conditional use with other permitted uses of the district.
"Governing Body" means the City Council by whatever name known.
"Hardship" means the property in question cannot be put to reasonable use
under the conditions allowed by the official controls; the plight of the
landowner is due to circumstances unique to his property, not created by
the landowner; and the variance, if granted, will not alter the essential
character of the locality. Economic considerations alone shall not
constitute a hardship if a reasonable use for the property exists under
terms of the official controls.
•
. � - 2 -
"Ordinary High Water Mark" means a mark delineating the highest water
• level which has been maintained for a sufficient period of time to leave
evidence upon the landscape. The ordinary high water mark is commonly
that point where the natural vegetation changes from predominately
aquatic to predominately terrestrial .
"Protected Waters*" means any waters of the State as defined in Minnesota
Statutes 1980, Section 105.37, Subdivision 14. However, no lake, pond or
filowage of less than ten acres in size and no river or stream having a
total drainage area less than two square miles shall be regulated for the
purposes of these regulations.
"Setback" means the minimum horizontal distance between a structure or
sanitary facility and the ordinary high water mark or between a structure
or sanitary facility and a road, well , highway, or property lines.
"Shoreland" means land located within the following distances from
protected waters: (i) 1,000 feet from the ordinary high water mark of a
lake, pond, or flowage; and (ii) 300 feet from a river or stream, or the
landward extent of a flood plain on such rivers or streams, whichever is
greater. The practical limits of shorelands may be less than the statutory
1imits where such limits are designated by natural drainage divides at
lesser distances, as shown on the official zoning map of the City.
"Subdivision" means improved or unimproved land or lands which are
divided for the purpose of ready sale or lease, or divided successively
within a five year period for the purpose of sale or lease, into three or
• more lots or parcels of less than five acres each, contiguous in area and
which are under common ownership or control .
"Substandard Use" means any use of shorelands existing prior to the date
of enactment of this Ordinance which is permitted within the applicable
zoning district but does not meet the minimum lot area and length or
water frontage, structure setbacks, or other dimensional standards of the
Ordinance.
"Variance" means any modification or variation of official controls where
it is determined that, because of hardships, strict enforcement of the
official controls is impractical .
II. DESIGNATION OF TYPES OF LAND USE
A) Shoreland Management Classification: In order to guide the wise develop-
ment and utilization of shorelands of protected waters for the preserva-
tion of water quality, natural characteristics, economic values and the
general health, safety and welfare, certain protected waters in the City
have been given a shoreland management classification.
* "Public Waters" has been changed to Protected Water". All regulations and
requirements remain the same, only the name has been changed.
•
. - 3 -
These protected waters of the City have been classified by the Commissioner
of Natural Resources as follows:
� Natural Environment Lakes DNR I.D. #
Wirth Lake 27-37 P
Unnamed Basin 27-36 P
Recreational Development Lakes DNR I.D. #
Sweeney - Twin Lake 27-35 P
General Development Streams
Bassett Creek
B) Shoreland Overlay District: The shorelands of the City of Golden Valley,
are hereby designated as a Shoreland Overlay provide for the wise utili-
. zation of shoreland areas in order to preserve the quality and natural
character of these protected waters of the City.
l. Permitted Uses.
All permitted uses allowed and regulated by the applicable
zoning district underlying this Shoreland Overlay District as
indicated on the official zoning map of the City.
2. Conditional Uses.
� a) All conditional uses and applicable attached conditions
allowed and regulated by the applicable zoning district
underlying this Shoreland Overlay District as indicated on
the official zoning map of the City and as required by
Section IV of this Ordinance.
b) Boathouses
� 3. Substandard Uses.
Any uses of shorelands in existence prior to the date of enact-
ment of this Ordinance which are permitted within the applicable
zoning district, but do not meet the minimum lot area, setbacks
or other dimensional requirements of this Ordinance are sub-
standard uses. Substandard uses, including substandard sanitary
facilities, shall be allowed to continue. However, any structural
alteration or addition to a substandard use which will increase
the substandard dimensions shall not be allowed.
4. Prohibited Uses.
Any uses which are not Permitted or Conditional Uses as regulated
by the applicable zoning district underlying this Shoreland Overlay
District as indicated on the official zoning map of the City.
�
' - 4 -
III. ZONING PROVISIONS
� A) The following standards shall apply to all shorelands of the protected
waters listed in $ection II of this Ordinance within the City. Where the
requirements of the underlying zoning district as shown on the official
zoning map are more restrictive than those set forth herein, then the
more restrictive standards shall apply:
NATURAL RECREATIONAL GENERAL
ENVIRONMENT DEVELOPMENT DEVELOPMENT
WATERS WATERS WATERS
Lot Area (sq. ft. )
waterfront lots 40,000 20,000 15,000
other lots 20,000 15,000 10,000
Water frontage and lot
width at building line (ft. ) 125 80 80
Structure setback from '
Ordinary High Water (ft. ) 150 75 50
B) Substandard Lots: Lots of record in the office of the County Register of
Deeds (or Registrar of Titles) prior to (date of
enactment of Ordinance) which do not meet the requirements of Section
III, (A) may be allowed as building sites provided:
• 1. Such use is permitted in the zoning district,
2. The lot is in separate ownership from abutting lands, and
3. All other sanitary and dimensional requirements of this
shoreland Ordinance are complied with insofar as practical .
C) 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:
1. Where feasible and practical , all roads and parking areas shall
meet the setback requirements established fo.r structures in
Section III (A) of this Ordinance.
2. In no instance shall these impervious surfaces be placed less
than 50 feet from the ordinary high water mark.
3. Natural vegetation or other natural materials shall be used to
screen parking areas when viewed from the water.
D) Elevation of Lowest Floor: Structures shall be placed at an elevation
consistent with the City's flood plain management controls.
�
' - 5 -
E) Exceptions to Structure Setback Requirements:
� 1. Setback requirements from the ordinary high water mark shall
not apply to boathouses and docks. Location of docks shall be
controlled by applicable State and local regulations. Boathouses
may be allowed as a conditional use provided they are not used
for habitation and do not contain sanitary facilities.
2. 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 Overlay District are complied
with.
eIV. SHORELAND ALTERATIONS
A) 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
Overlay District shall be subject to the following provisions.
l. Selective removal of natural vegetation is allowed, provided
that sufficient vegetative cover remains to screen cars,
dwellings and other structures when viewed from the water.
• 2. Clear cutting of �atural vegetation is prohibited.
3. Natural vegetation shall be restored insofar as feasible after
any construction project is completed to retard surface runoff
and soil erosion.
4. The provisions of this section shall not apply to permitted
uses which normally require the removal of natural vegetation.
B) Grading and filling in shoreland areas or any alteration of the natural
topography where the slope of the land is toward a protected water or a
watercourse leading to a protected water must be authorized by a permit.
The permit may be granted subject to the conditions that:
1. The smallest amount of bare ground is exposed for as short a
time as feasible.
2. Temporary ground cover, such as mulch, is used and permanent
ground cover, such as sod, is established.
3. Methods to prevent erosion and trap sediment are employed.
4. Fill is stabilized to accepted engineering standards.
�
, � - 6 -
C. Excavations on shorelands where the intended purpose is connection to a
� protected water shall require a permit from the Building Official before
construction is begun. Such permit may be obtained only after the
Commissioner of Natural Resources has issued a permit to work in the beds
of protected waters.
b. Any work which will 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 such ap,proval 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. '
V. SUBDIVISIONS
A) No land shall be subdivided which is held unsuitable by the City for the
proposed use because of flooding, inadequate drainage, soil and erosion
potential , unfavorable topography, inadequate water supply or sewage
�reatment capabilities, 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.
B) Copies of all plats riparian to public waters within the Shoreland Overlay
District shall be submitted to the Commissioner of Natural Resources
within ten (10) days of final approval by the City.
C) Planned Unit Development (PUD) . Altered zoning standards may be allowed
as exceptions to this Ordinance for PUD's provided preliminary plans for
� PUD's riparian to public waters are approved by the Commissioner of Natural
Resources prior to their approval by the City, and further provided:
1. Open space is preserved through the use of restrictive deed
covenants, public dedications, or other methods.
2. Public access is provided in accordance with the City Compre-
hensive Parks Plan.
3. The final plan for a planned unit development riparian to
public waters shall not be modified, amended, repealed, or
otherwise altered unless approved in writing by the developer,
the City, and the Commissioner.
VI. NOTIFICATION PROCEDURES
A) A copy of the notice of a public hearing to consider a variance to the
provisions of the Shoreland Overlay District for property riparian to
public waters or a conditional use for property riparian to public waters
in the Shoreland Overlay District shall be sent to the Commissioner of
Natural Resources such that the notice is received by the Commissioner at
least ten (10) days prior to such hearings.
B) A copy of all amendments to this Ordinance and final decisions granting
variances or conditional uses for properties riparian to public waters
• within the Shoreland Overlay District shall be sent to the Commissioner
of Natural Resources within ten (10) days of the amendment or final action.