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HomeMy WebLinkAboutClitherall Lake Campground_10000110071002_Conditional Use Permits_09-03-1986- APPLICA TION FOR CONDITIONAL USE PERMIT - Shoreland Management Ordinance Otter Tail County Fergus Falls, Minnesota 56537 cO-IhtApplication Fee $Rec. No.Date: *40lJ3iLegal description of land: Lake No.Twp.Range Twp. Name (KO 'Lake ClassLake Name Fire No.Legal Description: The northvest quarter of the southwest quarier, Government ,4-find the lest 148.50 feet of Government Lot 3, al l being in Section 11 ,Township 132, Range 40, Ottertail County, Minnesota, 1’ ing notho:^ and westerlv of the centerline of County Ditch ^ 16 or G^izzard Creek Parcel Number: Proposed Use of Land: 30 a-fo In order to properly evaluate the situation, piease provide as much supplementary information as possible, such as: maps, plans, information about surrounding property, etc. APPLIC\ANT SHALL BE PRESENT AT THE SCHEDULED HEARING. Address: - S, Bus. Ph. Owner:■ Applicant Signature:Home Ph. sT^pf^ .19 r.^0 f MDate of hearing:Time: Conditional Requirements: 10-1-S6: AppfLOv^d maXH a maxAjnum 0^ 23 camps-UteA. Q|fj^h^aB(jl/|^ti;oruis,b^ebv reci^mended for approval by the Otter Tail County Planning Advisory Commission. . . . o........ .. ^ ^ \/\f^County of OLcr Toil I tereiy car.fy ths'. l‘>5 v.i.i'in ir .J'l,'- tnz-ti was iVC'i in C.o oilica fc.' r.:r-,ia on fJic - A.O. ISn Chairman <!ty ol c^c>/- 1Q ^6ApprOve^l^of County Commissioners of Otter Tail County this day of Chairman ' Cv--»:iy icc'j:a3r sf^ /r ..OspLy Special Use Permit issued in accordance with compliance with existing Conditional Requirements and Special Regulations and MSMinnesota Commissioner of Natural Resources notified this day of , 19 Oner Tail County, Minnesota 3380CONDITIONAL USE PERMIT NO. s MKL-0871-01-01 220707 @ VICTOR LUNDCCN CO . PRINTERS. FERGUS FALLS. UIHN. Conditional Use Permit CUP^ 35SO Kk.fcrSg>o> Ru>\cLrcl i SKtrl^ /4M ^yis' Sun, 11 Twp ft^RanpB *|0 Twp Wame CA fe.u4 s- Af. ______________fUJL (n yec. II * Issued /Q-3 19?V , Expires 10-3 19 Work Authorized jo crgcU^ ouAMifP KUt4\ flL Ma^UKtUM rciM/Ki'fe. OWNER'S Address Location: M M V4 o(? 5(a/ V«f Lake No Q>*L- ^» rot/r^ BY: NOTl:^; This card shall be placed in a conspicuous place not more than 4 feet above grade on the premises on which work is to be done, and shall be maintained there until completion of such work. Notify Department of Land and Resource Managern^tt. Telephone (218) 739-2271 when authorized work has been completed. OTTER TAIL COUNTY, MINNESOTA Board of County Commissioners DMINISTRATOR, Land and Resource Management 1. Entire area shall be stabilized within 10 days of the completion of the moving project. 2. Owner is legally responsible for all surface water drainage that may occur. 3. No fill shall enter or be taken from the beds of a public water without a valid permit from the State of Minnesota Depart­ ment of Natural Resources. 4. If the terms of this permit are violated the entire permit may be revoked and the owner may be subject to legal prosecu­ tion.MKL-0574-046 223230 ®VICTO* LUMDCCN CO.. VRINTI STATE [M H S©TT^Im^DEPARTMENT OF NATURAL RESOURCES Div. of Waters, 1221 Fir Ave. E., Fergus Falls, MN 56537218-739-7576 i)March 16, 1987 ^07 Richard and Shirley Peterson Rt. 1, Box 204 Bonnie Beach - Clitherall Lake Battle Lake, MN 56515 SHORELAND MANAGEMENT, BONNIE BEACH RESORT, CLITHERALL LAKE, OTTER TAIL COUNTY Recently I reviewed your recently approved proposal for 23 additional campsite units. Although this proposal will add pressure to Clitherall Lake, the Depart­ ment of Natural Resources Shoreland Management Regulations at this time do not address recreational vehicle sites. Therefore, this office has no legal stand­ ards upon which to make any decision regarding your proposal. Please De aware however, that any activity below the high water mark of Gizzard Creek and/or Clitherall Lake may require a Department of Natural Resources per­ mit. Should you have any questions, please contact me at the above address or tele­ phone number. Sincerely, Terrence R. Lejcher Area Hydrologist Gerald Paul, Regional Hydrologist Otter Tail County Shoreland Management Office Steve Prestin, Supervisor cc: AN EQUAL OPPORTUNITY EMPLOYER U4Ldepartment of natural resources Div. of Waters, 1221 Fir Ave. E., Fergus Falls, MN 56537 ------- 218-739-7576 STATE OF PHONE NO FILE NO. February 25, 1987 *9 Richard and Shirley Peterson__ Rt. 1, Box 204Bonnie Beach -(Clitherall Lake Battle Lake, MN'pc; 1 c;V ^ ,1 ^ r. and Mrs. Peterson: SHORELAND MANAGEMENT, SCENIC POINT RESORT, CLITHERALL LAKE, OTTER TAIL COUNTY Recently I reviewed your recently approved proposal for 23 additional units, which includes a proposed lodge and residence, and eliminates the two existing campsites. Although this proposal will add pressure to Clitherall Lake, the Department of Natural Resources shoreland management regulations at this time do not address recreational vehicle sites. Therefore, this office has no legal standards upon which to make any decision regarding your proposal. Please be aware however, that permanent facilities such as the lodge and residence will require compliance with the Otter Tail County Shoreland Management standards. Additionally, any activity below the high water mark of Gizzard Creek and/or Clitherall Lake may require a Department of Natural Resources permit. Should you have any questions, please contact me at the above address or tele­ phone number. Sincerely, Terrence R. Lejcher Area Hydrologist Gerald Paul, Regional Hydrologist Otter Tail County Shoreland Management OfficeSteve Prestin, Supervisor cc; 4<L««1 Ib S-- ^ ' I AN EQUAL OPPORTUNITY EMPLOYER Otter Tail County Planning Commission County Court House Fergus Falls, Minnesota 56537 Approved; A motion by Trites, second by Femling to approve the conditional use application of Richard Peterson. Clitherall Lake, No. 56-238, RD, in the NW 1/4 of SW 1/4 of G.L. 1, & W 148.5' of G.L. 3, Section 11 of Clitherall Township with a maximum of 23 campsites. Pete Hoff, Jerry Einerson and Loren Killion spoke to the commission. Voting; All members in favor. A motion by Stringer, second by Lachovitzer to deny the conditional use application of Thomas W. Hanson. Pelican Lake, No. 56-786, GD, on Lot 16 of Bower Beach, ex tract and pt. of G.L. 3, Section 6 of Dunn Township on the basis that as presented there would be traffic control problems, noise problems, the size of the lot is too small, hazzards could be created by traffic and it is incompatible with the area, likely adverse effects could not be controlled by any suggestions set forth in a matter sufficient to be compatible with the surrounding area. Duputy Polensky, Darold Rath, Herb Arneson, Bob Nedrud, Don Burns, Jack Delvow. Denied; Femling, Stringer, Lachowitzer, Olson, Petterson, Ryan, and Trites. Voting Yes; Lee, Portmann and Schwartz.Voting No; A motion by Trites, second by lee to adjourn the meeting at 11;10 P.M. and set November 5, 1986 as the date for the next Planning Commission meeting. Approved; Voting; All members in favor. Respectfully submitted. Marsha Bowman Acting Secretary OTCPC i5 A motioa by Olson, second by Lee to table the conditional use application of Richard Peterson; Clitherall Lake, No. 56-238, RD, in the NW 1/4 of SW 1/4, GL 4 & W 148.5' of GL 3, in Section 11 of Clitherall Township until October 1, 1986, all of the Planning Commission members are to go and view the area. Killion, Grace Meyers, Charles Molitor, Mr. Nathe, Mary Jahoda, Aimer Coulton, Larry and Connie Fuller, Chris Lorsung, John Jahoda, Mrs. Killion, Harriet Atherton spoke to the commission. There is a petition on file. Tabled; Loren All members in favor, except Stringer.Voting; A motion by Femling, second by Stringer to approve the conditional use application of Henrietta Piper. Lake Lida, No. 56-747, GD, on a Tract in GL 4, 100.8' on Lk, .23 Acres, in Section 27 of Lida Township to allow a 20 foot sand blanket and also to fill the divots with black dirt, then must seed and/or sod. Alex Bishop spoke to the commission. Approved: Voting: All members in favor. A motion by Stringer, second by Lee to table the conditional use application of Harvey Gilbertson. Lake Lida, No. 56-747, GD, in Tract in GL 4, 85' on Lake by 233', and Ronald Johnson, in Tract in GL 4, 150' by 224' in Section 27 of Lida Township until the October 1, 1986 meeting. Tabled: Voting: All members in favor. A motion by Schwartz, second by Olson to approve the conditional use application of Judd Young and David Finke. Stuart Lake, No. 56-191, RD, in Part of GL 3, in Section 3 of Nidaros Township to allow a sand blanket 20 feet back from the lake, then may add black dirt that must be lower than the sand blanket and also no higher than the neighbors. Height of the sand blanket will be determined after the culvert is placed between the two lakes. Approved; Voting: All members in favor. A motion by Lachowitzer, second by Lee to approve the conditional use application of Ted Ludovissie. Rush Lake, No. 56-141, GD, on Part of GL 2 in Section 23 of Rush Lake Township as presented. James McCulla spoke to the commission. Approved; Voting; All members in favor. A motion by Femling, second by Stringer to approve the conditional use application of Havery Nicholson. Crystal Lake, No. 56-749, RD, on Lots 48 & 49, Block 3 of Cyrstal Hills 7th Addition in Section 11 of Lida Township as presented, work must be completed by Octobr 1, 1986. Approved: Voting: All members in favor. 2 ^A<.«ti.X«^\yO. y'CyC.c-^e^^^cI I t 3* ^'^’'-«^3u_ -...ay s' fr _ _Cs‘^^__«») es)3:1U <»«»a»«>T a.-yo^ _______________ - :iL^UU:> rr^f^c.^ /?£> RS ^2j 5i>o i=r•= / » ii-a (£Lo^j2_ T-a / ^ ,_3::f n _____(KD - 12 i) .>^»^ 4- ^ ^ ^ -^pf~ J _'Oioao ^ ~ j^ ■ f h-i-frl. THOMAS N. RODEBERG MONTEVIDEO. MINNESOTA 562651324 KIDGEVTEW DRIVE • September 29, 1986 Mr Vic Peterson, Chairman Ottertail County Planning Commission Court House Fergus Falls, MN 56537 Dear Mr, Peterson: As a Lake Clitherall property owner, and one who is just across the lake from a proposed RV park near Bonnie Beach Resort, I want to lodge a very strong protest against any move that grants in­ creased densities to this project. I have been involved in municipal zoning for 35 years and understand full well the pressures you are under to allow variances. However, I also feel strongly that it isn't so much the rights of the developer that must be protected as those of the affected or impacted property owners. In the same manner as I would expect any neighbor to abide by the property laws, I would expect in this instance that you would enforce the reg­ ulations fairly. To allow increased densities based upon an improper or inaccurate code interp­ retation is not fair, and should be opposed by all of us who must suffer the consequences. Sincerely, ^1lM« I/. lEtt-| Thomas N. Rodeberg | 13S5 106 W. Hillside Fergus Falls, MN 56537 September 4, 1986 Mr. Victor Petterson, Chairman Otter Tail Planning Commission c/o Natural Resources Office County Courthouse Fergus Falls, MN 56537 Dear Mr. Petterson: Subject: Proposed Campground at Bonnie Beach Resort Clitherall Lake Shirley and Dick Peterson, Owners As suggested at last night's meeting, enclosed is the original, plus a typed copy (for better 1 egibil ity), of the persons at the meeting who wished their names to be recorded in the secretary's minutes as being present and opposed to the proposed campground under consideration. Time did not permit all of them to give their verbal opinions, and since the majority of them are seasonal residents and will be unable to attend the October 1st meeting, they would like their opposition to be put on record for that meeting as well as last night's. Also, I have been asked to call your attention to the fact that several of the names read at the meeting as being in favor of the campground are not bona fide property owners on the lake and were actually guests present for the holiday weekend. If you wish confirmation of this (and the names involved), please con­ tact Mr. E. M. Diller at 218-864-8828 prior to September 15th, when they will be departing from the lake. Thank you for turning the enclosed over to the secretary and for your cooperation in bringing the entire matter to a just and legal end. Sincerely, REtt'VED SEP 01986 IAND& RESOURCE Lorraine D. Killion (Mrs. L. H.) (A 43-year resident of Clitherall Lake) Enclosures \ CHRIS J. LORSUNGCORDELIA LORSUNG (MRS. C. J.) LORRAINE D. KILLION (MRS. L. H.) AL MUELLER (ALDERICH) NOLAN NATHECHARLES J. & VIRGINIA A. MOLITOR (MRS. C. J.) LOREN H. KILLIONHARRIET ATHERTON (MRS. E. A.) E. A. ATHERTON, SR.GRACE MYERS (MRS. H.) HOWARD MYERSMARY JAHODA (MRS. J. T.) JOHN T. JAHODA LARRY FULLER CONNIE FULLER (MRS. LARRY) HAZEL CARSON (MRS. DONALD) EUGENE M. DILLER WALDO P. ANDERSONMAXINE MCDONALD (MRS. GENE S.) GENE S. MCDONALDMARY B. DILLER (MRS. EUGENE M.) JEAN F. ANDERSON (MRS. WALDO P.) NORMA K. SMITH (MRS. W. J.) WM. J. SMITH The above individuals were in attendance at the September 3rd meeting of the Otter Tail Planning Commission and have expressed strenuous opposition to the S. & D. Peterson proposed camping unit. Many of the above are seasonal residents and will not be present at the October 1st meeting. tl ■ ^(ytPut^c^ (^r?^ • \£.Pi.ATUEkX^\/ 'V^'i ■' v«>'?- ) /■A "i _ ^ ^ ^ *TV yO ^ /^ ^ '^¥■'^3—j<—7"-^—*~%^ n - r *■ August 27, 1986 ! To: Victor Petterson. Chairman Otter Tail County Planning Ccanmission From: Sylvia S. Tyrrell I have been invited to express my views on the Conditional Use Permit to create a campground with 30 campsites. I do not approve of this addition. I will be unable to attend the hearing on September 3, 1986 at 7:30 p.m at the Government Services Building in Fergus Falls. • t Sincerely, Sylvia S. Tyrrell REC SEP 0 ■■> |:IAN0« City of Battle Lake September 24, 1986 To: Otter Tail Cornty Planning Commission Dear Chairman and Members; Dick and Shirley Peterson of Bonnie Beach Resort located on Clitherall Lake are planning to build and operate a new campground. A new campground facility would be very beneficial to our City, More and better facilities createour area and to Otter Tail County, more dollars for everyone in our County. Dick and Shirley moved into this area approx, 13 years ago. They have operated a very good resort and have built their business up with many many repeat persons coming to their resort. They have been an asset to Battle Lake in many ways such as tourism activities, school activities, and civic/city activities, would operate a very good reputable campground. The City of Battle Lake would like you to permit this new campground. I am sure that they Mayor Battle Lake, Minnesota Otter Tail County HOME OF CHIEF WENONGA - and - HEART OF OVER ONE THOUSAND LAKES Box 386 BATTLE LAKE, MINNESOTA 56515 Ph. 218-864-5581 I Department of Building & Zoning CHIPPEWA COUNTY Courthouse - 11 th St. & Washington Ave. Montevideo, Minnesota 56265 Telephone 612-269-6231August 25, 1986 ifS©*' f,;c'’- ?>> ■■■ Mr. Vic Pet ter son, Chairrran Ottertail Planning Ccnmission 7o Natural Ke sources Office County Courthouse Fergus Falls, t-IN 56537 Dear Mr. Petterson and Planning Cdnnission Members: I am writing to esqjress ny concerns on the Peterson Conditional Use Permit i^>plication to expand their Resort Business on Clitherall Lake by adding 30 Mobile Heme - RV Sites. I am opposed to the granting of a permit to expand their facility for the follcwing reasons: 1. This area of the lake was developed prior to Shore land Rules which address density control. Almost all lots in the area are substandard in size. I feel the area is alreacfy at maxinun density. 2. Additional sites ha^dng lake access thru the existing resort will make the resort more substandard than it already is, and be contrary to the intent of your ordinance. 3. Gizzard Creek Frontage should not satisfy your ordinance requirements for lake access and density ccntrol, 4. Increased development will increase vehicle traffic on the frontage road east of the proposed development site. 5. Granting this permit is not in the best interest of the property owners in the area. Enclosed is a copy of the new proposed Shoreland Rules as they effect Planned Unit Development. This proposed expansion would be classified as a P.U.D. and would not meet the new standards. I realize the new rules are not in effect yet, however, they should be considered as a tool vhen making a decision that may be scmevdiat discretionary. The Peterson's are fine people but the area is crex-^ded enough right now. I hope they can appreciate our concerns. Respectfully, Jerry Einerson Lot 5, Linden GroveJE/kh C.C. : Malccm Lee Enclosure i d e e s --fvot-- te - <-+>e-- f es tf i e«s --d - €«■! --ioowg-- d 4 s t f 4 e % T Th4s-sheb4d-Bet-be-6eBfH5ed-w4th-safestdRdar'd-d4ffieRs4eRS-8f-a-6eRfeFm4R§-bseT. *'Nonconfonm'tY" means any legal use, structure, or parcel ofNonconformity. land already In existence, recorded, or authorized before the adoption of official controls or amendments thereto that would not have been penritted to become established under the terms of the official controls as now written. if the official controls had been in effect prior to the date it was established, recorded or authorized. Subp. IJ. 2K_ Ordinary high water warkT level. "Ordinary high water mark level* means a the mark boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscaper The-6yd4nary-4H-§h--wdt-ef^-fflcH^-fs commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.for watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and fTowages the ordinary high water level shall be the operating elevation of the normal summer pool. -- Subp. 12 22. Planned unit development. "Planned unit development" means - -a type of development wh4eh-«iay-4<K<K'pof*d^-a-vaF4ety-'ef-4*f'<i'“‘*se&-pldRRed dRd-developed-as-a-w>4>t%---The--pTafK>ed--iHvi4-deveTop»»e*t-i-s-d45t4R9u4sKed-f fern the--tra44-t-4eft»l--frubd4^4o4on--p^rooess -ef-development--4-n-^tha4--gee wg-standards s Be h--as-- dees-4-tjfS--setbaeks r --hei-gM;—14m4 ts-j—end --miwvflKim--1 et--oi->es-- maji^ - be altered-by-Re§et4at4eR-and-a§fee»eRt-betweeR-the-devel©pei»t-the-mBR4€4pal4tyi dRd-the-e©fi»45s4eflerr characterized by a unified site design for a number of dwelling units or dwelling sites on a rarcel, whether for sale, rent ¥ or lease, and also usually involvipg clustering of these units or 4 provide areas of con¥non open space, density increases, and a mix of structure types and land uses.These developinents may be organized and operated as condominiums, time-share condominiums, cooperatives, full fee ownership. commercial enterprises, or any combination of these. Examples include cluster subdivisions of dweliinq units, residential condominiums, townhouses. campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and land uses to these uses. Subp. 23. Public waters. “Public waters" means any waters ef--t-be 5 ta te --w^K-h---serve-- a--beeef --poW-ki-- -as --de^ioed-- 4-e--M4 Rfieseta StatHtes--i9?4»--seetieR--t&Sr^7r--5oW-W-^kwv--6-. as defined In Minnesota However, no lake, pond, or flowage of less than ten acres In size in municipalities and 25 acres in size in unincorporated areas aRd-ne--ri-ver--or--s4reafif-ba-vte§-a-teta4 Statutes 1980, section 105.37, subdivision 14 and 15. dPd4na§e--area--4es«---t+fafl---t-wO'--eqoere--»i-Te5 need be regulated by--lhe wHR4e4pal4ty for the purpose of these parts. A body of water created by a private user where there was no previous shoreland as-def'4fled-4vere4fs--f-or--a des4§Bdted-f>r4-v&te--use--dwfehep4zed-fey--t4>e--eemffivssWner shall be exempt from the provisions of these parts. The official determination of the size of public water basins and physical limits of drainage areas of rivers and „ streams shall be Btade by the commissioner. ?be-^-o#f-k:-+a+--s4ze—-lakes^ p6Rdsi-er-f4ewa§e5-sha44-be-the-areas-44sted-4B-the-D4v4s4eR-ef-Watersi-Sails a R d - Wfi€<^-s--Bv44et4H>r - Ar --Ifwef^tory--of--Kfweseta - k a ke s 1 - eir-4fi--the - e V e RI that-lakesi-p6Rdsi-ep-flewa§es-dPe-Ret-14sted-thepe4Ri-aff4e4al-detei»ffi4Rdt46R e f - s 4 z e - a«d--physf cel --14fi>4-ts--sheW--be-fw<4e-by - th e - 6 amm 4 s s 4e R e R - 4 R - e e e p e p a 14 0 R w4th-mbR4e4pal4t4eST 5 med 4 f 4 ed T amefidedi - repe^^ e^i-or--othefw-fre--»44ered--iHv'Fes*-e^pH=ov€4 - >R - wp 414 ng by-the-deve?epePi-%he-ffiUR4e4pd44tyTaRd-the-e©Mfi4ss4eRePT 6t —Tbeye--ftPe--contpaV>ze<4--&borel-Ffte--pe€-rfeot4on---fd€-4-^-4-t-4o^"-s«€h--asI beaehes?-deefcs?-aHd-beat-4a«Reh4Rg-fae444l4es» Subpart 1, Scope of Planned Unit Development Provisions. Local governments may, with approval of the Cotran4ssloner. Incorporate provisions Into shoreland management controls to allow planned unit developments. Such provisions may allow planned unit developments for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. The provisions must be consistent with standards In this part. Subpart ■?. Land use district designation. Local governments must Identify In their official controls and on a zoning map, land use districts In which planned unit developments are an allowable conditional use. Designation of such districts must be based on consideration of the criteria In Part 6120.3000 and the following criteria: Existing recreational use of the surface waters and likelyA. Increases In use associated with planned unit developmentsw Capabilities of the community's staff personnel to properly reviewB and evaluate complex plans and legal documents usually associated with planned unit developments and to Inspect construction of large structures, sewage treatment systems, and other facilities. Information reguirements. Provisions for submission ofSubp. 3. adequate information by project proponents must be included in official controls. The provisions must Include at least the following: 50 A site plan for the project showing property boundaries, surfaceA. water features, existing and proposed structures, sewage treatment systems, and other facilities. Documents which explain how the project is designed and willB. function. These ordinarily Include covenants which require membershtp In a property owners association, various easements, a concept statement describing the project, floor plans_for structures, and various otheri drawings or plans, , Subp. 4i Density evaluation procedures. The procedures must Include at least the following steps; A.A subdivision evaluation which determines the numbers and locations of lots the project site would acconwnodate if subdivided under normal subdivision and zoning requirements of the cotrenunity's official controls. The evaluation must Include assessment of the suitability of every Tot for vehicular access, potable water supply, and adequate sewage treatment It must also be performed according to all of the following requlretrients; (1) Every lot must have at least enough land free of limiting physical / characteristics to install ordinary residential facilities (dwelling, garage, driveway, water supply, and sewage treatment facilities) without appreciable ; grading and fining compliant with all state and local government standards. Evaluation of suitability of Tots for on-site sewage treatment facilities must utilize a site evaluation performed In conformance with Minnesota Rule 7080,0110. Limiting physical characteristics include, but are not restricted Ito shallow soils to bedrock or the water table, soils with percolation rates too high or low for adequate on-s1te sewage treatment, slopes steeper than 12 rsrcent, ir^sdequate w.gtpy supply potential, soils with severe erosion potential or iredec;jate bearing cepacity end s •icni f icant susceptabi 1 i ty to flooding. 51 (2) Roads must parallel topographic contours as much as possible and not traverse slopes steeper than 12 percent or require extensive grading and filling. (3) Only land above the ordinary high water level of any surface water feature can be used In locating and sizing Tots. (4) Any non-residential buildings or facilities within a proposed planned unit development must be located on a separate portion of the site which cannot be used to compute allowabTe residential densities. (5) Lots must have their longest dimensions more nearly perpendicular to the ordinary high water level Tine than their shortest dimensions. (6) Every lot must have sufficient frontage on a public road or street to provide reasonable vehicular access to it. (7) Road access to the shoreland waterbody or watercourse must not be provided.■- i : ■ — - (8) Sewered lot dimensional standards may only be used where connection to a public sewer system with adequate capacity is avanabie at the time of the density evaluation and a sewer extension permit can be obtained from the Minnesota Pollution Control Agency. - - . 8. An assessment of the proposed dwelling unit density within the planned unit develbiwientjbased oh results of the platting evaluation performed in A, above. The assessment must identify the limits of each tier of lots and the number of lots within each tier.Proposed locations and/ numbers of dwelling units or sites for the planned unit development are then compared with these data and map of the platting evaluation, governments may allow some dwelling unit or site density increases for Local planned unit developments above the lot densities determined in the platting evaluation if all dimensional standards in Fart 6120.3100 are met or 62 exceeded.Maximum density Increases may only be allowed if all design criteria in Subp. 5 are also met or exceeded.Increases in dwelling unit or site densities must not exceed the maximums presented in Table 4. Allowable ^ T densities may be transferred from any tier to any other tier further from the shoreland water body or watercourse, but must not be transferred to any other tier closer. TABLE 4 MAXIMUM ALLOWABLE DWELLING UNIT OR SITE DENSITY INCREASES FOR PLANNED UNIT DEVELOPMENTS Platting Evaluation Tiers of Lots Maximum Density Increase Within Each Tier (percent) First 50 Second 100 Third 200 200fourth Fifth 200 Subp. 5, Design criteria.; All planned unit developments must contain at leastft. ’ Miniminn size. five dwelling units or sites. 6. Open space. Planned unit developments must contain open space meeting all of the following criteria; (1) At least 50 percent of the total project area must be preserved as open space. (2) Open space cannot include dwelling units or sites, road right-of-ways, or land covered by road surfaces, parking areas, or structures, except water-oriented accessory structures. 53 (3) Open space must Include areas with physical characteristics unsuitable for development in their natural state. (4) Open space may Include outdoor recreational facilities for use owners of the dwelling units or sites, the public, or. In deveTocwients consisting of cormiercial ent*erprises. by quests or customers. (5) ATI shore impact zones within planned unit developments must be included as open space and at least 70 percent of these areas must be preserved in their natural or existing state. (6) Open space, except in deveTopments consisting of comnercial enterprises, must not include commercial facilities, or uses, but ma^ contain water-oriented accessory structures or facilities. (7) The appearance of open space areas, including topography, vegetation, and allowable uses must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means. (8) Open space may include subsurface sewage treatment facilities If the use of the space is restricted to avoid adverse impacts on the facilities. Centralization and design of facilities and structures. ^C. 'i{l) flahned unit developments ^st be connected to publicly owned On-site water supply and i water supply and sewer systems, if available, sewage treatment facilities must be centralized and designed and installed to ineet or exceed applicable standards or regulations of the Minnesota On-site sewageDepartment of Health and the Pollution Control Agency. treatment facilities must be located on the most suitable areas of the All new dwelling units must utilize waterplanned unit developrrtent, conserving plufTibinq fixtures. 54 (2) Dwelling units or sites must be clustered into one or more groups and located on suitable areas of the development.They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland cTassifIcatton: setback from the ordinary high water level, elevation above the surface water features, and inaxlmuni height. Setbacks from the ordinary high water level must be Increased for developments with density Increases. Maximum density Increases may only be allowed if structure setbacks from the ordinary hfgh water level are increased to at least 50 percent greater than the minimum setback. (3) Shore recreation facilities. Including but not limited to. swlrraninq areas, docks, and watercraft mooring areas and launching ramps must be centralized and located in areas suitable for them.Evaluation of , suitability must Include consideration of land slope, water depth. 1. vegetation, soils, depth to ground water and bedrock, or other relevant factors. The number of watercraft allowed to be continuously beached, moored i or docked must not exceed one for each allowable dwelling unit or site in the £ first tier.Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located In other tiers.1- ■ '(4) Structures, parking areas, and other facilities must be . ; designed and located in a manner which minimizes their visibility from surface water features, assuming summer, leaf-on conditions.Exteriors of1 '/ ■ structures must be of earth-tone color. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided. (5) Water-oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in part 6120.3100, SLbp. 3, E and are centralized. 55 (6) Accessory structures and facilities may be allowed if they meet or exceed standards in part 6120.3100, Subp. 3, E arid are centraHzed. D.Erosion control and stormwater management. (1) Planned unit developments must be designed and theirX construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment faciTities, vegetated buffer strips, or other appropriate techniques must be utilized to minimize erosion impacts on : surface water features. Erosion control plans approved by a Soil and Water Conservation District may be required if project size and site physical _ characteristics warrant, (2) Planned unit developments must be designed and constructed to :. effectively manage reasonably expected quantities and qualities of stormwater runoff.: i. Subp. 6. Administration and maintenance requirements. Prior to final■ : : approval of all planned unit developments, local governments must ensure ■ adequate provisions have been developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of £i the developotent as a coreBunity.r * Open space preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and . A. permanent means must be provided to ensure long-term preservation and maintenance of open space, following protections: Such instruments must include all of the (1) Commercial uses prohibited, except in developTOnts consisting of corTTTiercial enterprises; 56 (2) Vegetation and topographic aUerations other than routine mainteriance prohibited; (3) Construction of addifional buildings or storage of vehicles and other materials prohibited. Development orqanizatfon and functioning. Unless an equallyB. effective alternative conmunity framework is established, all planned unit developments must utilize an owners association with the foliowinq features: (1) Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers. (2) Each member must pay a pro rata share of the association's expenses and unpaid assessments can become liens on units or sites. (3) Assessments must be adjustable to accommodate changing conditions. -9- (4) The association must be responsible for insurance, taxes and maintenance of all corrmonly owned property and facilities. X Subp. 7. Conversions. Local governments may allow existing resorts or other land uses and facilities to be converted to planned unit developments If all the following standards are met: A, Proposed conversions must be Initially evaluated using the same procedures and standards presented in this Part for developments Involving all new construction. Inconsistencies between existing features of the development and these standards must be identified. Deficiencies involving water supply and sewage treatment, structureB. color. Impervious coverage, open space, and shore recreation facilities must be corrected as part of' the conversion. Shore and bluff impact zone deficiencies must be evaluated andC, , /reasonable improvements made as pert of the conversion. These improvements must include, where applicable the fcllowing: 57 (1) Removal of extraneous buildings, docks, or other facilities which no longer need to be located in shore or bluff impact zones. (2) Remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and other facilities as viewed from the water. (3) If existing dwelling units are located in shore or bluff Impact zones, conditions are attached to approvals of conversions which preclude exterior expansions in any dimension or substantial aUerations, such as new footings or basements.The conditions must also provide for future relocation of dwelling units, where feasible, to other locations. meeting all setback and elevation requirements when they are rebuilt or replaced. D.Existing dwelling unit or dwelling site densities which exceed standards In this Part may be allowed to continue but must not be allowed to be increased, either at the time of conversion or In the future.Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilitieSi Installing new sewage treatment systems, or other means. i r r:r. 't • 6429*3900 6120.3500 ADMINISTRATION Subpart 1. Administration and enforcement. MuR4€4pa44t4es-sha44 Local governments must provide for the administration and enforcement of the BbR4e4pa4 their shoreTand erdinanee-adopted--ptH»so*ot--to-MiRneseta-Ot-atetesi 4Q?A*-seet4eR-462T362 manccemfent controls by Sb^pT-2n- - -r^<>frr4-t- .—I-R-6Fder-To- -fec44 -A A-dA-e- -c-fKre-p-Vy- - effieieRt ads4p.45tf atisR—and — eRfereeiReRt—ef—mbR4€4pa4 — share 4 a Rd 6rd4RaR6es* 58