Flexible application of the allowable land uses, minimum lot area and setback requirements and development regulations of this chapter may be used within a shoreland district, provided that the following requirements are satisfactorily met:
A. Conditional Use Permit: Except for the allowances of subsection D2d of this section, planned shoreland developments shall require a conditional use permit based upon procedures set forth and regulated by chapter 4 of this title.
B. Sewer And Water: Planned shoreland developments shall be connected to municipal sewer and water.
C. Open Space: Residential planned shoreland developments shall contain open space meeting all of the following criteria:
1. At least fifty percent (50%) of the total project area shall be preserved as open space.
2. Dwelling units or sites, road rights of way, or land covered by road surfaces, parking areas, or structures, except water oriented accessory structures or facilities, are developed areas and shall not be included in the computation of minimum open space.
3. Open space shall include areas with physical characteristics unsuitable for development in their natural state.
4. Open space may include outdoor recreational facilities for use by owners of dwelling units or sites.
5. The appearance of open space areas, including topography, vegetation, and allowable uses, shall be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means.
6. The shore impact zone, based on normal structure setbacks, shall be included as open space. At least fifty percent (50%) of the shore impact zone area of existing developments or at least seventy percent (70%) of the shore impact zone area of new developments must be preserved in its natural or existing state.
D. Residential Density Evaluation:
1. Procedures And Standards: Proposed new or expansions to existing planned shoreland developments shall be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation in subsection D2 of this section.
a. The project parcel shall be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward:
SHORELAND TIER DIMENSIONS
Unsewered (Feet) | Sewered (Feet) | |
Recreational development lakes | 267 | 267 |
Natural environment lakes | 400 | 320 |
All rivers | 300 | 300 |
b. The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs, or land below the ordinary high water level of public waters. This suitable area and the proposed project are then subjected to the residential planned shoreland development density evaluation steps to arrive at an allowable number of dwelling units or sites.
2. Residential Base Density Evaluation: The procedures for determining the base density and density increase multipliers are as follows. Allowable densities may be transferred from any tier to any other tier further from the water body, but must not be transferred to any other tier closer.
a. Formula: The suitable area within each tier is divided by the single residential lot size standard for lakes and rivers. Proposed locations and numbers of dwelling units or sites for the residential planned shoreland developments are then compared with the tier, density, and suitability analysis herein and the design criteria in this subsection D.
b. Increases: Increases to the dwelling unit or dwelling site base densities previously determined are allowable if the dimensional standards for the various zoning districts established by chapter 45 of this title are met or exceeded and the design criteria in this subsection D are satisfied. The allowable density increases in subsection D2c of this section will only be allowed if structure setbacks from the ordinary high water level are increased to at least fifty percent (50%) greater than the minimum setback, or the impact on the water body is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the local unit of government and the setback is at least twenty five percent (25%) greater than the minimum setback.
c. Allowable Dwelling Unit Or Dwelling Site Density Increases For Residential Planned Shoreland Developments:
Density Evaluation Tiers | Within Each Tier |
First | 50 percent |
Second | 100 percent |
Third | 200 percent |
Fourth | 200 percent |
Fifth | 200 percent |
d. Residential Shoreland Density Reserve:
(1) The change in classification of that portion of Lake Marion from recreational development to natural environment described in subsection 11-102-9C of this chapter results in a net decrease in potential development density of two hundred nine (209) dwelling units.
(2) Subject to establishment of a PUD district as set forth by chapter 96 of this title and the criteria established by this section, the city may transfer based on policies of the comprehensive plan at its discretion and without inference that such transfer is allowed by right not more than two hundred nine (209) dwelling units from the shoreland overlay district of Lake Marion to other recreational development, natural environment or tributary shoreland overlay district areas within the city identified in section 11-102-9 of this chapter.
(3) Development of a lot or lots receiving density transferred from the density reserve shall comply with all regulations established by this chapter specifically and the zoning ordinance generally unless exempted by this section or other provisions of this title.
(4) The transfer of dwelling units from the density reserve shall be in addition to the density allowed by the evaluation provided for by this subsection D subject to compliance with the requirements for density increases in subsection D2b of this section.
(5) The zoning administrator shall maintain a record of approved dwelling unit transfers from the density reserve and provide notices to the DNR as required by section 11-102-27 of this chapter.
E. Erosion Control And Stormwater Management: Erosion control and stormwater management plans shall be prepared for all planned shoreland developments and shall be consistent with subsection 11-102-17G of this chapter.
F. Centralization And Design Of Facilities: Centralization and design of facilities and structures shall be done according to the following standards:
1. Dwelling units or sites shall be clustered into one or more groups and located on suitable areas of the development. They shall be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification. Setback from the ordinary high water level, elevation above the surface water features, and maximum height. Setbacks from the ordinary high water level shall be increased in accordance with subsection D2 of this section for developments with density increases.
2. Structures, parking areas, and other facilities shall be treated to reduce visibility as viewed from the public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf-on conditions. Vegetative and topographic screening shall be preserved, if existing, or may be required to be provided.
3. Accessory structures and facilities shall meet the required principal structure setback and must be centralized.
G. Evaluation Of Factors: The following factors are carefully evaluated to ensure that the increased density of development is consistent with the resource limitations of the public water:
1. Suitability of the site for the proposed use.
2. Physical and aesthetic impact of increased density.
3. Level of current development.
4. Amount of ownership of undeveloped shoreland.
5. Levels and types of water surface use and public access.
6. Possible effects on overall public use.
H. Facilities: Any recreational or community facility allowed as part of the planned shoreland development conforms to all applicable federal and state regulations including, but not limited to, the following:
1. Waste disposal regulations.
2. Water supply regulations.
3. Building codes.
4. Safety regulations.
5. Regulations concerning the appropriate use of "public waters" as defined in Minnesota statutes section 103G.245.
6. Applicable regulations of the Minnesota environmental quality board.
7. Storm sewer.
I. Alteration Approval: The final planned shoreland development shall not be modified or altered in any way without written approval from the department of natural resources.
J. Central Shoreline Facilities: Planned shoreland developments incorporating shoreline recreational facilities such as beaches, docks, or boat launching facilities, etc., shall be designed such that said facilities are centralized for common utilization. (Ord. 867, sec. 118, 5-17-2010)
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