HomeMy WebLinkAbout4A-Waters Edge Marina CUPMEETING DATE:
AGENDA #:
PREPARED BY:
PRESENTED BY:
PUBLIC HEARING:
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
OCTOBER 21, 2013
4A
DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR
DAN ROGNESS
YES
AGENDA ITEM: PUBLIC HEARING TO CONSIDER A REQUEST FOR APPROVAL OF A CONDITIONAL
USE PERMIT TO ALLOW A MARINA EXPANSION IN THE C-2, GENERAL BUSINESS
USE DISTRICT.
DISCUSSION: Introduction
The applicant, Schmid Family LLC, is requesting approval of a conditional use permit (CUP)
to allow for the expansion of the Waters Edge Marina within Boudin's Bay of Lower Prior
Lake. "Marina" is defined in Subsection 1101 of the Zoning Ordinance as, "A commercial
establishment adjacent to a navigable lake providing moorings, docks and/or slips for boats.
It may also offer supplies and services accessory to the principal use". Marinas must be
approved by a CUP in the C-2 Use District as identified in Subsection 1102.1103 (10), which
also lists seven minimum conditions.
Current Circumstances
The applicant is proposing to expand their existing Marina from 50 to 96 slips. The applicant
contacted the DNR in 2013 regarding an expansion of the marina, which led to a DNR re-
sponse letter dated August 14, 2013. This letter states that since this facility only rents boat
slips as the sole commercial income, it does meet the state's statutory definition of a Marina,
and therefore, is not subject to a DNR permit. In addition, city staff has not been able to find
any previous city permit for this facility. Therefore, it is now subject to the current zoning
ordinance standards, including the need for a CUP in order to expand. The DNR has pro-
vided comments, but it is no longer an approval agency for an expansion of the Waters Edge
Marina.
Aerial photos indicate that Boudin's Bay was dredged sometime between 1964 and 1970.
Prior to that time, the bay included wetlands and/or small water bodies. The narrow land
area along the west side of this bay was platted as lakefront lots with a public street,
Watersedge Trail, across the channel. Subsequent aerial photos between 1970 and 2010
show gradual development of the lakefront residential lots and townhomes. It appears that
a commercial marina dock may have appeared sometime around 1980 at the eastern portion
of Boudin's Bay. A DNR permit was amended in 1989 to allow Watersedge Marina to ex-
pand from 25 to 50 slips under an "Amended Public Waters Permit" issued by the DNR,
permit number 1989-6275.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The applicant owns two parcels that compose the total Marina, including a
1.6 acre Outlot A for the parking and boat access, and a 7.1 acre Outlot C underneath the
dock area and public waters. Approximately 82% of the total site area of Outlot A is below
the Ordinary High Water level of 904 feet.
Access: Access to the site is from Hwy 13 to Boudin Drive, and then through one of two
driveway easements.
2030 Comprehensive Plan: This property is designated C -CC, Community Retail Shopping
on the 2030 Comprehensive Plan Land Use Map.
Zoning: The site is zoned C-2, General Business Use District.
Parking: The applicant is required to provide a minimum of 24 parking stalls based on a
ratio of 4 stalls per slip, as shown in Subsection 1102.1103 (e). The site survey shows 46
stalls; however; 20 of those are below the Ordinary High Water elevation. Staff recommends
that the applicant redesign parking and drive aisles to be above the 904' elevation. In addi-
tion, the city requires all parking and driveways to be surfaced and designed to address
storm water runoff (as approved by the City Engineer).
Operation: Marina operations are approximately 6-8 months of year, dependent on weather
conditions.
DNR Comments: The DNR submitted comments to the city in an email dated October 8,
2013 (see Attachment 5). In summary, Jennie Skancke, South Metro Area Hydrologist,
states that navigation by all riparian users in Boudin's Bay must be assured in relationship
to an expanded marina. Furthermore, the DNR may approve dredging through the channel
(leading to/from the main lake body) under a historic permit, but not widespread dredging
throughout the bay.
As staff discussed this proposed marina expansion with DNR staff, they referred to Admin-
istrative Rules 6115.0211, Subp. 4a D(3), which would be the guide for the DNR to permit
Marinas (if it was deemed to be a Marina by the DNR). That section states, "the marina is
sized consistent with the demand for mooring facilities in the area and the number of water-
craft to be served". In addition, Minnesota Rules 6115.0210, Subp. 4, refers to conditions
that do not warrant state permitting for docks, floating or temporary structures, watercraft
lifts, and mooring facilities; two of seven conditions: (1) the structure or mooring facility will
not constitute a hazard to navigation or public health, safety, and welfare, as determined by
the commissioner; and (2) the length of the structure is limited to that necessary to accom-
plish its intended use, including reaching navigable water depths.
Therefore, key state criteria that can assist in evaluating this proposed expansion that apply
to either mooring facilities or marinas include:
1. The size is consistent with demand and the number of watercraft in the area.
2. The size will not cause a hazard to navigation.
3. The length must be reasonable in order to reach navigable waters.
Environmental Review: The State of Minnesota Environmental Quality Board has stand-
ards for development projects that require an Environmental Assessment Worksheet
(EAW), within two categories of Mandatory and Discretionary. Because the Waters Edge
Marina is not defined as a marina by state statute, the mandatory category does not apply.
If it did apply with this as a state -defined marina, an EAW would be required for a marina
expansion that results in a 20,000 or more square foot total or a 20,000 or more square
foot increase of water surface area used temporarily or permanently for docks, docking, or
maneuvering of watercraft. Any government unit with approval authority can order a dis-
cretionary EAW if it determines that the project may have the potential for significant envi-
ronmental effects. This typically occurs in response to a citizen petition. A Regulatory
Government Unit (RGU) prepares the EAW; the RGU would be the City of Prior Lake. The
EAW process takes approximately 60 days.
An email was received by a person with the Boudin's Dock Association, which held a meet-
ing on October 15, 2013. Comments included, "we are concerned with the impacts that
adding more slips will have on the environmental conditions in Boudin's Bay". Comments
also identified traffic safety (of boats) as a concern.
In addition to the minimum conditions of approval detailed in Subsection 1102.1103 (10) of
the Prior Lake Zoning Ordinance, (Attachment #5), City staff recommends that the Planning
Commission consider additional conditions as follows, as well as other conditions that may
be deemed necessary based on public testimony and other information brought forth related
to this proposed marina expansion:
➢ The parking area shall be redesigned to be completely above the 904' elevation, fully
paved with a concrete or bituminous surface, including curb and gutter, with storm water
drainage approved by the City Engineer. This may include mitigation measures to ad-
dress water quality.
➢ The applicant shall record the Conditional Use Permit at the Scott County Recorder's
Office no later than 60 days after approval.
➢ The Conditional Use Permit is subject to the issuance of required permits from all appli-
cable governmental agencies.
ISSUES: CONDITIONAL USE PERMIT (CUP) ANALYSIS:
Section 1108.200 of the City Code sets forth the criteria for approval of a CUP.
(1) The use is consistent with and supportive of the goals and policies of the
Comprehensive Plan.
As part of a Goal for Environmental and Natural Resource Protection in the Compre-
hensive Plan, an objective is to provide for conservation and protection of the lakes and
surface water, including ensuring an acceptable level of lake access parking and re-
sponsible lake utilization. As part of a Goal for Economic Vitality, an objective is to
encourage a diversified economic base and broad range of employment opportunities.
The proposed expansion of a marina must be balanced by achieving both objectives.
(2) The use will not be detrimental to the health, safety, morals and general welfare
of the community as a whole.
No information has yet been received that would indicate any detrimental impacts to
community health, safety, morals and general welfare, unless further identified by the
public or other agencies.
(3) The use is consistent with the intent and purpose of the Zoning Ordinance and
the Use District in which the Conditional Use is located.
Subsection 7 702.7 703, Subd. (3) of the Zoning Ordinance allows marinas as a use per-
mitted by conditional use permit within the C-2 Zoning District. At a minimum, the se ven
conditions set forth in the Zoning Ordinance shall be met with the issuance of the
Conditional Use permit, at least those that are applicable to this marina.
(4) The use will not have undue adverse impacts on governmental facilities, services,
or improvements which are either existing or proposed.
The use will not have adverse impacts on governmental facilities.
(5) The use will not have undue adverse impacts on the use and enjoyment of
properties in close proximity to the conditional use.
The public hearing process will help the city e valuate impacts on the use and enjoyment
ofproperties surrounding Boudin's Bay. Therefore, a determination cannot yet be made
for this criteria until after the public hearing is held. DNR staff comments state that, 7
hope that other property owners will be given the chance to weigh in on whether or not
their navigation would be restricted" A survey provided by the applicant (Attachment
4) shows elevations of land underneath the channel and marina dock area. Those ele-
vations range from 895 - 904 feet. The dock expansion is located in the area of the bay
with the deepest water (below 897). Data of water le eels since 7990 shows the a verage
water level of Prior Lake to be 907.9 feet. The watershed district identifies 902.5 feet to
be the 'normal water elevation"of Prior Lake.
(6) The use is subject to the design and other requirements of site and landscape
plans prepared by or under the direction of a professional landscape architect, or
civil engineer registered in the State of Minnesota, approved by the City Council
and incorporated as part of the conditions imposed on the use by the City
Council.
The applicant shall submit plans prepared by a Registered Engineer that identify future
parking, storm drainage, landscaping (bufferyard), and drainage/mitigation plans, as
may be required as a condition of approval.
(7) The use is subject to drainage and utility plans prepared by a professional civil
engineer registered in the State of Minnesota which illustrate locations of city
water, city sewer, fire hydrants, manholes, power, telephone and cable lines,
natural gas mains, and other service facilities. The plans shall be included as part
of the conditions set forth in the CUP approved by the City Council.
See comments in #6 above; no additional city services are planned for this facility.
(8) The use is subject to such other additional conditions which the City Council may
find necessary to protect the general welfare, public safety and neighborhood
character. Such additional conditions may be imposed in those situations where
the other dimensional standards, performance standards, conditions or
requirements in this Ordinance are insufficient to achieve the objectives
contained in subsection 1108.202. In these circumstances, the City Council may
impose restrictions and conditions on the CUP which are more stringent than
those set forth in the Ordinance and which are consistent with the general
conditions above. The additional conditions shall be set forth in the CUP
approved by the City Council.
Additional conditions to ensure the protection of the general health, safety and welfare
of the public should be included as part of the CUP. These conditions may include:
approval ofpermits from othergovernmental agencies, pavement of all driving andpark-
ing surface, and storm water drainage/mitigation plans.
CONDITIONAL USE PERMIT ANALYSIS (IN THE SHORELAND DISTRICT):
Section 1108.203 provides evaluation criteria for conditional use permits in the Shoreland
District. The Planning Commission shall consider all factors that are relevant to an expan-
sion of a marina, resulting in 46 more docks/slips in Boudin's Bay:
(1) The prevention of soil erosion or other possible pollution of public waters, both
during and after construction.
This proposed marina dock/slip expansion does not impact pollution.
(2) The visibility of structures and other facilities as viewed from public water is
limited.
This proposed marina dock/slip expansion may impact views from other points in the
bay, and/or public and private properties surrounding Boudin's Bay.
(3) The site is adequate for water supply and on-site sewage treatment.
This facility has relied on satellite toilet facilities, expansion may warrant further review
and discussion on the adequacy of these services.
(4) The types, uses, and numbers of watercraft that the project will generate are
compatible in relation to the suitability of public waters to safely accommodate
these watercraft.
The proposed marina expansion from 50 to 96 slips will generate more watercraft traffic
in Boudin's Bay and Lower Prior Lake. City staff has contacted the Sherriff's office that
enforces public waters rules/regulations in order to obtain comments on impacts to
safety of boat traffic in this area. No response has yet been received.
CONDITIONAL USE PERMIT ANALYSIS (IN THE FLOOD PLAIN DISTRICT):
Section 1108.204 provides evaluation criteria for conditional use permits in the Flood Plain
District. The Planning Commission shall consider all factors that are relevant to an expan-
sion of a marina, resulting in 46 more docks/slips in Boudin's Bay:
(1) The danger to life and property due to increased flood heights or velocities
caused by encroachments.
Adding 46 slips to this marina should not increase flood heights or velocities.
(2) The danger materials may be swept onto other lands or downstream to injury of
others, or they may block bridges, culverts or other hydraulic structures.
Multiple docks are all subject to flooding impacts; this expansion should not impact other
land or improvements.
(3) The proposed water supply and sanitation systems and the ability of these
systems to prevent disease, contamination and unsanitary conditions.
No public sanitary sewer or water supply is provided at this location for the marina.
(4) The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner.
Flood damage should not be an issue to this marina facility.
(5) The importance of the services provided by the proposed facility to the
community.
Prior Lake is a recreational community with lakes as a focus of recreational activities;
however, the importance of an expanded boat rental services has not been specifically
evaluated. More people using Prior Lake for recreation will likely benefit local busi-
nesses as well.
(6) The requirements of the facility for a waterfront location.
Marinas must be located at a waterfront location.
(7) The availability of alternative locations not subject to flooding for the proposed
use.
Flooding will impact marina dock slips no matter what location is used, parking could
potentially be above flooding impacts at other locations.
(8) The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
Existing development includes approximately twelve (72) single family lakefront lots
along the south side of Boudin's Bay and ten (70) townhome units on the north side. In
addition, the Boudin's Manor Association has been permitted to have 32 slips along the
north side of the bay, they could potentially expand to 40 slips. Lots on Watersedge Trail
along the west side of the bay have primary dock access on the shore of Lower Prior
Lake.
(9) The relationship of the proposed use to the Comprehensive Plan and flood plain
management program for the area.
The proposed commercial expansion fits with the Comprehensive Plan for a commercial
use of this area; flood plain management is not negatively impacted by this expansion.
(10)The safety of access to the property in times of flood for ordinary and emergency
vehicles.
Access to the marina is impacted by flooding potential since the parking area is below
the flood elevation of 909.9 feet. Data of water levels since 7990 shows the average
water level to be 907.9 feet. The watershed district identifies 902.5 feet to be the 'nor-
mal water elevation" of Prior Lake.
(11)The expected heights, velocity, duration, rate of rise and sediment transport of
the flood waters expected at the site.
An expanded marina should not impact these flooding factors.
(12)Such other factors which are relevant to the purposes of this Section.
No other factors are identified related to the flood plain.
Conclis, inn
Staff recommends that this CUP be tabled in order to receive and evaluate additional infor
mation, including but not limited to, the following:
a) Input provided by all persons who testify at the public hearing.
b) Additional input from the Prior Lake, Spring Lake Watershed District and/or the Sherriffs
Department related to navigability and lake impacts.
c) A determination from the Planning Commission whether or not an EAW should be
recommended for this expansion project.
ALTERNATIVES: 1. Table the decision, and request specific additional information as identified by the Plan-
ning Commission to be submitted and reviewed at a future meeting.
2. Table the decision, and request that staff prepare specific findings of fact in support of
approval.
3. Table the decision, and request that staff prepare specific findings of fact in support of
denial.
RECOMMENDED Alternative #1, including a possibility of keeping the public hearing open for additional com-
MOTIONS: ments and/or information.
ATTACHMENTS: 1.
Narrative from the Applicant
2.
Aerial Photos
3.
Site Survey
4.
Bay Elevations & Water Levels
5.
Zoning Ordinance Subsection 1102.1103 (10)
6.
DNR Comments
7.
Historic Aerial Photos
8.
Watershed District memo
Summary of Conditional Use Permit application by
Schmid Family LLC dba Waters Edge Marina on Prior Lake
Waters Edge Marina is a small family owned marina located on the northeast corner of Prior Lake. The
marina currently consists of 50 boat slips, a large parking lot and 10 acres of land. All boat slips are
located on privately owned land which is different from the other marina's that utilize public land to
house their docks. This marina's primary service is boat slip rentals. In addition we provide minimal
services such as private parking, garbage bins, electricity with the required safety lighting and portable
restroom facilities. The marina is in operation only during ice out conditions and does not offer any
storage services at any time of the year.
The marina caters to family entertainment with minimal night time boat usage. As a result, our slip
turnover is less than 5% annually and we have had no neighborhood or police complaints. We rent 18
slips to a boat club that requires all boats to be back in the slips by 8 PM. Navigation within the bay
becomes limited when the lake level falls below approximately 900 feet above sea level. This does
occur at times and will likely occur in the future. The bays access into the lake is constricted to a
navigable channel of approximately 30 feet wide. The bay and channel were last cleaned or dredged in
the 1970's based on a DNR approved permit.
This Conditional Use Permit application is requesting approval for a dock extension of approximately
286 feet which will add 46 slips to marina bringing the total to 96 slips. The other two marina's on the
lake each have approximately 100 plus slips with full or near full occupancy. Waters Edge has a
waiting list of 18 generated from existing customers and without any advertising. As a result, we do
feel the demand is present, and meets the state statutes of providing marina access to increase water
access to a larger pool of the population. The additional 46 boat slips brings with it a great deal of
economic growth for the area businesses.
The CUP approval has the following merits:
• Demand for boat slips. Great tenants, minimal turnover, with only family friendly fun in mind.
• In depth survey of the bay shows no impediment to navigability access in and out of the bay for
neighboring properties. Entire bay is a no wake zone.
• All requirements of 1102.1103 of the CUP requirements of the city including parking, lighting,
and buffer fences are met by this application. City requires 24 parking spaces. This marina has
46 parking spaces with an additional 30 feet easement for more parking.
• Only marina in Commercially zoned district in city.
• Only marina with all slips and operation on privately owned land. Permanent slips reduce risk
of invasives to lake as boats are not constantly being taken in and out.
• Economic boost to city while providing lake access to a larger population.
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Zoning Ordinance
i. All paved areas shall be graded, designed, and landscaped as required by
Subsection 1107.200.
String lighting shall be prohibited.
k. The area of open sales or rental lot used for storage and display of
merchandise shall not exceed 2 square feet for every 1 square foot of
building on the site devoted to the same or similar use or accessory use.
I. A bufferyard Type B, as defined in Subsection 1107,2005, shall be installed
and maintained along all public ways.
(9) Private Entertainment (Indoor). Conditions:
a. The structure in which the use is conducted shall be located a minimum of
60 feet from any "R-1 ", "R-2", or "R-3" Use District.
b. A bufferyard, as determined by Subsection 1107.2003, shall be provided
along all property located within an "R" Use District.
(10) Marinas. Conditions:
a. A bufferyard Type C, as defined in Subsection 1107.2005, shall be
constructed along the property line where it abuts property residentially
used or if it abuts any "R" Use District.
b. Lake Service Signs, as regulated by Subsection 1107.809, are permitted.
C. Lighting shall be provided for safety and security only, and shall not be
directed at the lake or at adjacent properties. Lights for parking lots,
building and dock identification may have no more than 0.5 foot candles at
the property line or at the edge of the dock structure furthest from the
shore.
d. Boat tours are permitted between the hours of 8:00 am. and 10:00 pm.
e. One parking space for each 4 boat slips must be provided. If tour boats
are based at the marina, an additional 1 parking space for each 4 seats on
the boat is required.
f. Retail sales are limited to motors, parts, bait, equipment, gas and oil, and
accessories. On-site preparation and sale of food and beverages is
allowed, subject to the other provisions of the Zoning Ordinance, including,
but not limited to, parking, lighting, signage hours of operation.
g. Rental of boats and boat and motor repair may be permitted as an
accessory use to the marina, provided the space devoted to this accessory
use is limited to 50% of the floor area of the principal use.
(11) Animal Handling. Conditions:
Cite of Prior Lake
June 1, 2009 lt02/1)69
Minnesota Department of Natural Resources
Division of Ecological and Water Resources
I200 Warner Road, St. Paul, MN 55106
Telephone: (651) 259-5845 Fax: (651)772-7977
August 14, 2013
Mr. Daniel Schmid
Schmid Family LLC and Waters Edge Marina
527 Vista Ridge Lane
Shakopee, MN 55379
RE: DNR Permit #1989-6275, Waters Edge Marina, Lower Prior Lake, Boudin's Bay
(70-26P), Scott County
Dear Mr, Schmid:
We have reviewed your request to expand your facility to 186 ft x 44 ft or 8,184 sq ft.
This facility has been permitted under permit #1989-6275 and amended in 2009 and
2011. You have stated that this facility only rents boat slips on an annual basis as its sole
commercial income and services provided, that the expanded facility will not impede
navigation within the bay, and allows for the free flow of water beneath it. Thus, under
Minnesota Statutes, Section 6115.0210 subp. 4, no permit is required for your facility.
You are not released from any rules, regulations, requirements, or standards of any
- - - - applicable- federal, state—oy-lual i ies; -incl-ading,—but-irot -limit"; t .S—.A-rmy
Corps of Engineers, Board of Water and Soil Resources, MN Pollution Control Agency,
watershed districts, water management organizations, county, city and township zoning.
If you have any questions about your permit, please contact the at (651) 259-5790 or
Jermie.Skancke@state,mn.us.
c: City of Prior Lake, Casey McCabe
Prior Lake -Spring Lake Watershed District, Mike Kinney
Scott County Soil and Water Conservation District, Troy Kuphal
U.S. Army Corps of Engineers, Sarah Wingert
DNR Conservation Officer, Adam Block
DNR Ecological Services; Liz harper
DNR Fisheries, Daryl Ellison
DNR Wildlife, Diana Regenscheid
DNR Water permits Unit Supervisor, Tom Hovey
DNR EWR South District Manager, Jeanne Daniels
Lower Prior Lake (70-26P) File
Mndrlr.gov
An Equal Opportunity Employer
ONR Information 654.296.6157 1-968.646-$367 661X98.5484 1.80""-3929
REVISOR 6115.0210
6115.0210 STRUCTURES IN PUBLIC WATERS.
Subpart 1. Goals. It is the goal of the department to limit the occupation of public
waters by offshore navigational facilities, retaining walls, and other structures in order to:
A. preserve the natural character of public waters and their shorelands;
B. provide a balance between the protection and utilization of public waters; and
C. encourage the removal of existing structures which do not serve the public
interest from the beds of public waters at the earliest practicable date.
Subp. 2. Scope. This part applies to the placement, construction, reconstruction,
repair, relocation, abandonment, or removal of any structure placed on or in public waters.
Subp. 3. Prohibited placement of structures. Placement of structures, temporary
structures, and floating structures is prohibited when the structure, temporary structure, or
floating structure:
A. will obstruct navigation or create a water safety hazard;
B. will be detrimental to significant fish and wildlife habitat. Construction is
prohibited in posted fish spawning areas;
C. is designed or intended to be used for human habitation or as a boat storage
structure;
s -designed -or -irutended-to-inelrude NNalls; a-roaf,Tor-sewage-facilities; or
E. will take threatened or endangered species listed in chapter 6134 without
authorization by the commissioner according to parts 6212.1800 to 6212.2300.
Subp. 4. No permit required. No permit is required for the following activities,
unless prohibited under subpart 3:
A. to construct, reconstruct, or install a dock, floating or temporary structure,
watercraft lift, or mooring facility if:
(1) the structure or mooring facility will not constitute a hazard to
navigation or public health, safety, and welfare, as determined by the commissioner;
(2) the structure will allow the free flow of water beneath it;
(3) the structure or mooring facility is not used or intended to be used as
a marina;
(4) the structure or mooring facility is consistent with or allowed under
local land use controls, as determined by the local government land use authority;
(5) the length of the structure is limited to that necessary to accomplish its
intended use, including reaching navigable water depths;
Copyright 22009 by tire Revisor of Statutes, State of Minnesota. All Rights Reserved.
2 REVISOR 6115.0210
(6) the structure, other than a watercraft lift or watercraft canopy, is not
more than eight feet in width and is not combined with other similar structures so as
to create a larger structure; and
(7) docks placed on rock filled cribs are located only on waters where the
bed is predominantly bedrock, which is incapable of accepting pilings;
B. to construct or reconstruct a boat launching ramp if:
(1) privately owned ramps do not exceed 12 feet in width and do not
extend more than ten feet beyond the shoreline or into water more than four feet in depth,
whichever is less. Excavations five cubic yards or less, and placement of up to five cubic
yards of crushed rock, gravel, clean sand, or small stone are allowed to provide a stable
base or maintain use of the ramp;
(2) publicly owned ramps do not exceed 36 feet in width and do not extend
more than 30 feet waterward of the shoreline or into water more than four feet in depth,
whichever is less. Excavations of 200 cubic yards or less, and placement of up to 80
cubic yards of crushed rock, gravel, clean sand, or small stone are allowed to provide a
stable base or maintain use of the ramp. The use of coffer dams constructed of metal
sheet piling or other portable materials is allowed to construct and maintain public boat
launching ramps if all materials are completely removed from public waters within 30
days of completion of the project;
l_i1 me ramp is constructea oI gravel, naturat rocK, concrete, stee
or other durable inorganic material not exceeding seven inches in thickness; and
aver; or
(4) the ramp is not located on a federally designated wild and scenic
C. to remove structures or other waterway obstructions if:
(1) the original cross-section and bed conditions are restored insofar
as practicable;
(2) the structure is completely removed including any footings or pilings
that obstruct navigation;
(3) the structure is not located on an officially designated trout stream; and
(4) the structure does not Rinction as a water level control device.
Subp. 5. Permits required; criteria. Permits are required for the construction,
reconstruction, repair, or relocation of any structure or mooring facility on or in public
waters, except as provided under subparts 3 and 4, and a project must meet the following
general criteria:
Copyright 02009 by the Revisor of statutes, State of Minnesota. All Rights Reserved.
3 REVISOR 6115.0210
A. the proposed project must represent the minimal impact solution to a specific
need with respect to all other reasonable alternatives;
B. the project does not exceed more than a minimum encroaclunent, change, or
damage to the environment, particularly the ecology of the waters;
C. the proposed structure is consistent with applicable floodplain, shoreland,
and wild and scenic rivers management standards and ordinances for the waters involved;
D. adverse effects on the physical or biological character of the waters are
subject to feasible and practical measures to mitigate the effects;
E. the proposed structure is consistent with water and related land management
plans and programs of local and regional governments, provided these plans and programs
are consistent with state plans and programs; and
F. except for mooring facilities and boat ramps, all new structures have
a title -registered permit, unless a public agency or local goverlunental unit accepts
responsibility for future maintenance or removal.
Statutory Authority: MS s 103G.315; 105.415
History: 8 SR 533; 25 SR 143; 27 SR 529
Posted: June 11, 2008
Copyright V)2009 by the Revisor of Statutes, State of Minnesota. All Rights Reservcd.
Dan Rogness
From: Skancke, Jennie (DNR) <Jennie.Skancke@state.mn.us>
Sent: Tuesday, October 08, 2013 3:04 PM
To: Dan Rogness
Subject: RE: Waters Edge Marina
Dan,
Thanks for pointing this out. I hadn't even noticed that half the parking lot is below the 904. Yes, we'd discourage paving
in the area below 904. If your engineers think that there wouldn't be additional runoff from paving and Mr. Schmid
could come up with an acceptable mitigation pian, we could evaluate the potential for paving.
Jennie Skancke - South Metro Area Hydrologist
MndNR 1 1200 Warner Road I St. Paul, MN 551.06 1 T: 651-259-5790 1 Jennie.Skanckeastate.mn.us
From: Dan Rogness[mailto:drogness@cltyofpriorlake.com]
Sent: Tuesday, October 08, 2013 2:46 PM
To: Skancke, 3ennie (DNR)
Subject: RE: Waters Edge Marina
Jennie:
Thanks for your comments. One other topic relates to the existing gravel parking lot for this marina use. The city
typically requires paving of parking areas, but I seem to recall hearing from someone that the DNR would prefer this to
remain in its existing condition, which may have only applied to any area below the 904 elevation. If you have further
comments on that topic, please let me know. We will also be evaluating the number/location of parking spaces in our
permit review process.
Dan Rogness
Community & Economic Development Director
4646 Dakota Street SE
Prior Lake, MN 55372
952.447.9813
d rog n ess @cityofp ria rl a ke.co m
From: Skancke, Jennie (DNR) [mailto:Jennie.Skancke state.mn.us]
Sent: Tuesday, October 08, 2013 2:42 PM
To: Dan Rogness
Subject: RE: Waters Edge Marina
Dan,
The following are my comments regarding the CUP application by the Schmid Family LLC for expansion of Waters Edge
Marina.
Presently, this operation does not meet the DNR definition of a marina. We consider the operation to be a mooring
facility and have found that a DNR permit is not required. While this property is unique in that the bed of the bay is
privately owned by Schmid Family LLC, navigation by all riparian users must be assured. Mr. Schmid has stated that the
current design will not restrict navigation for other users on the Bay. I hope that the other property owners will be given
a chance to weigh in on whether or not their navigation would be restricted.
I am concerned that there is not adequate parking to accommodate the additional users. We would be concerned about
any proposal to add parking, which may increase the impervious surface in the area adjacent to the water.
Additionally, while the DNR may approve dredging through the channel under a historic permit, we would be less likely
to approve widespread dredging within Boudin's Bay, if such a proposal were made. I have discussed this with Mr.
Schmid, and I believe he is aware of the limitations. I understand that there are areas within the Bay that are deeper
than others and l can only assume that increased traffic within the Bay may result in conflicts for navigation through the
deeper areas.
Finally, the slips must ensure the free flow of water throughout the Bay. As designed, I believe this should not be an
issue.
Thank you for allowing us the opportunity to comment.
Best,
Jennie
Jennie 5kancke - South Metro Area Hydrologist
:.InDNR 1200 earner Road I St. Paul, MN 55106 1 T: 651-259-5790 1 Jennie.Skanck0state.mn.us
Scott County, MN
This drawing is neither a tegatly recorded map nor a survey and is not Map Scale N
Intended to be used as one. This drawing is a comp 3ation of records, J
information, and data located In various city, county, and state offices, and 1 ince = 387 feet
other sources affecting the area sha.%Ti, and is to be used for reference W E
purposesonty. Scott County Isnot raspons�efor any inaccuracies herain Map Date
contained. If discrepancies are found, please contact the Scott County
Surveyors office. 10/16/2013 S
Scott County, MN
This drngn is neither a legatly recorded map nor a surrey and is not Map Scale N
Intended to be used as one. This drarring is a complation -cords,
cords,
information, and data located in various aty county and state offices, and 1 inch = 387 feet
other sources affecting the area shorn, and is to be used for reference WE
purposes only. Scott County is not response for any inaoouradas herein M a bate
contained. if discrepaacles are found, please contact the Scott County p
Survey= office. 10/1612013 S
-;.A'.t
Scott
PRIOR LAKE - SPRING LAKE
WATERSHED DISTRICT
MEMORANDUM
T0: PETE YOUNG
FROM: JAMIE DAYTON & PLSLWD STAFF
SUBJECT: WATER'S EDGE MARINA- CONDITIONAL USE PERMIT APPLICATION COMMENTS
DATE: 10/03/2013
Comments: The District wishes to offer the following comments regarding the
application and survey submitted by Schmid Family LLC:
1. The proposed dock extension would pose a navigational inconvenience due to the
shallow nature of the bay. The existing topography of the lake bottom shows that
the proposed dock would extend significantly into the deepest portion of the bay.
Given the already shallow nature of the bay and the navigational difficulties
shallow water creates; a dock extension would increase the boat maneuvering
difficulties in the shallow bay.
2. A possible alternative to the proposed dock extension would be to branch 2
"fingers" of boat slips from about 1/2 the length of the existing dock. This would
widen the overall structure, but reduce the proposed length; thus reducing the
shallow water navigational problems discussed above. This could gain the
applicants additional boat slips depending on where the "branches" begin in
relation to the shore. (See attachment for visual of alternative)
3. Proposed parking spaces would put a portion of the spaces below the 904'
elevation. Given personal experience from on-site, and the water levels Prior Lake
experienced this summer; the portion of parking space below the 904' elevation
would have cars parking in the water. I understand the parking area for the marina
is small and space is at a premium if the proposed plan is permitted; therefore the
applicant could consider creating a berm along the shoreline to prevent lake water
from entering the parking lot, or filling the parking lot area to a higher elevation.
4. As mentioned in the Development Review Committee meeting on September 26,
2013; the applicant was not considering offering additional proposed boat slips to
the Your Boat Club business that already occupies 18 boat slips or 36% of the
rental opportunities. I highly encourage the applicant to consider offering a
portion of the proposed slips to the Your Boat Club business based on the success
the business has had since establishing the Prior Lake location. Based on
conversations with Your Boat Club staff, on average 90-100% of the boats they
own are rented and used each evening. Given the applicants statement that the
14070 Commerce Ave NE, Suite 300, Prior Lake, MN 55372 i (952) 447-4166 (phone)
(952) 447-4167 (fax) • www.plsiwd.org • into@plslwd.org
PRIOR LAKE - SPRING LAKE
WATERSHED DISTRICT
proposed extension would bring an economic boost to the area, I believe
excluding the Your Boat Club business from the proposed additional rental spaces
would only limit the potential for the predicted economic boost.
5. As stated in the 9/26/13 DRC meeting, the applicant mentioned the possibility of
pursuing a permit to dredge the bay to create a deeper, more navigable channel
leading to the main portion of Prior Lake. I would support this potential project
given the existing conditions and the history of the lake's fluctuating water levels.
14070 Commerce Ave NE, Suite 300, Prior Lake, MN 55372 a (952) 447-4166 (phone)
(952) 447-4167 (fax) 9 www.plsiwd.org • info@plslwd.org
Attachment A
(0 Z
Nab IQ le -
14070 Commerce Ave NE, Suite 300, Prior Lake, MN 55372 • (952) 447-4166 (phone)
(952) 447-4167 (fax) • www.plslwd.org * info@plslwd.org