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Home My WebLink About5F - Zoning Ord. Boat Lifts CITY COUNCIL AGENDA REPORT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: AGENDA #: PREPARED BY: MAY 17,2004 SF JANE KANSIER, PLANNING COORDINATOR AGENDA ITEM: CONSIDER APPROVAL OF A ZONING ORDINANCE AMENDMENT DESIGNATING BOAT LIFfS AND RAIL SYSTEMS AS RECREATIONAL EQUIPMENT (Case File #04- 020) DISCUSSION: Historv: On December 15, 2003, the Planning Commission and the City Council conducted a workshop to discuss several potential amendments to the Zoning Ordinance, including one that would address boat storage and lifts. The Council and the Planning Commission directed staff to bring this item to the Planning Commission for discussion. The Planning Commission initially discussed this matter on February 23,2004, and again on March 8, 2004. The Planning Commission recommended approval of an amendment to the Ordinance that would address boat lifts and rail systems in the same manner as other recreational equipment. The City Council considered the proposed amendment on May 3, 2004. The Council directed staff to prepare an amendment with some changes for consideration at this meeting. Current Circumstances: The City Council agreed that an amendment addressing boat lifts and rail systems in the same manner as other recreational equipment is in order. To do so would require the following change to the definition of recreational equipment: Recreational equipment shall include, but not be limited to, boats, boat trailers, boat lifts and rail svstems" general purpose trailers, recreational campers, self-contained motor homes, truck toppers, fish houses, utility trailers, jet skis and snowmobiles. To further clarify the purpose of this amendment, we might also include the following definition: 1:\04 files\04 ordin amend\04 zoning\boat lifts\cc report2.doc www.cityofpriorlake.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 Boat Lift. A structure or device'! without walls that is desi2ned to lift watercraft above the level of the public water or 2round elevation when not in use. This definition also includes rail systems or track svstems extendin2 from the lake bed to the shore. A boat lift may be desi2ned to include a watercraft canopy. However, the Council wanted to establish a 10' setback requirement for boat lifts and trail systems. This requires the following amendment to Section 1102.800 (3): !!:. Currently licensed and operable winter recreational equipment, including fish houses, may be parked on or adjacent to a driveway on a lot in a "R" Use District from November] to April] each year. Currently licensed and operable summer recreational equipment may be parked on or adjacent to a driveway on a lot in a "R" Use District from April] to November] each year. At all other times, recreational equipment shall be stored in the rear or side yard. b. If topography or other natural conditions of the lot do not allow for storage in the side or rear yards, the recreational equipment may be parked adjacent to the driveway subject to written approval of the Zoning Administrator and the following standards: >> The recreational equipment must be located at least 5 feet from any side lot line. >> The recreational equipment shall not encroach into any public right-of- way. c. Boat lifts'! rail svstems and track systems must be setback at least 10' from a side lot line. The Council also agreed a definition of a watercraft canopy should be included in the ordinance. The Council, however, wanted to limit the size of these canopies. The Council suggested 240 square feet, but asked the staff to research some of the options for this size. The staff reviewed the websites of canopy manufacturers and boat manufacturers. This equipment comes in a variety of sizes. For example, a Manitou Legacy pontoon boat is 8'6" wide, and 22' to 26' in length. A 240 square foot canopy would accommodate the medium range of boats. The definition of a watercraft canopy, revised to include a maximum size is shown below: Watercraft Canopy: A structure or device no lar2er than 240 square feet in area with a fabric covered roof that extends no more 1:\04 files\04 ordin amend\04 zoning\boat lifts\cc report2.doc Page 2 than 12" below the roof line and without walls or a floor that is attached to or an intel!ral Dart of the boat lift and/or track svstem" and is desil!ned to shelter watercraft. The Issues: The above language, along with the attached ordinance, reflects the City Council's direction. To clarify the intent of this amendment, the staff offers the following points: · Boat lifts, rail systems and watercraft canopies meeting the above definitions will not require a building permit. · Boat lifts, rail systems and watercraft canopies meeting the above definitions that were in place prior to the effective date of this ordinance are considered nonconforming structures and will not be required to move. The City Council must make a decision whether to amend the Zoning Ordinance based on the following criteria: 1. There is a public need for the amendment. There is a public need for the amendment. Boat lifts and watercraft canopies are a fact of life in a lake community. The amendment addresses the treatment of these structures in a way that addresses the use and any structural issues. 2. The amendment will accomplish one or more of the purposes of this Ordinance, the Comprehensive Plan, or other adopted plans or policies of the City. Objectives of the Comprehensive Plan include: . Promote sound land use. · Enact and maintain policies and ordinances to protect the public safety, health, and welfare. · Enact and maintain policies and ordinances to ensure the safety and preservation of property. The purpose of the Zoning Ordinance is to: · Promote the most appropriate and orderly development of the residential, business, industrial, public land and public areas. · The Zoning Ordinance establishes minimum requirements to protect the public health, safety and welfare. The proposed amendment is intended to accomplish these purposes and objectives by addressing boat lifts and watercraft canopies, already in use in the City. 3. The adoption of the amendment is consistent with State and/or Federal requirements. This amendment is consistent with federal and state laws. 1:\04 files\04 ordin amend\04 zoning\boat lifts\cc report2.doc Page 3 AL TERNA TIVES: RECOMMENDED MOTION: REVIEWED BY: Conclusion: The attached ordinance incorporates the direction by the City Council. The staff recommends approval of this amendment. The City Council has three alternatives: 1. Adopt an Ordinance approving the proposed amendment as recommended. 2. Deny the proposed Ordinance. 3. Defer this item and provide staff with specific direction. 1:\04 files\04 ordin amend\04 zoning\boat lifts\cc report2.doc Page 4 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY OF PRIOR LAKE ORDINANCE NO. 04- XX AN ORDINANCE AMENDING SECTIONS 1101.400 AND SECTION 1102.800 (3) OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. Section 1101.400 of the Prior Lake City Code is hereby amended to add the following definitions: Boat Lift. A structure or device. without walls that is designed to lift watercraft above the level of the public water or ground elevation when not in use. This definition also includes rail systems or track systems extending from the lake bed to the shore. A boat lift may be designed to include a watercraft canopy. Recreational equipment shall include, but not be limited to, boats, boat trailers, boat lifts and rail systems. general purpose trailers, recreational campers, self-contained motor homes, truck toppers, fish houses, utility trailers, jet skis and snowmobiles. Watercraft Canopy: A structure or device no larger than 240 square feet in area with a fabric covered roof that extends no more than 12" below the roof line and without walls or a floor that is attached to or an integral part of the boat lift and/or track system. and is designed to shelter watercraft. 2. Section 1102.800 (3) of the Prior Lake City Code is hereby amended to add the following language: a. Currently licensed and operable winter recreational equipment, including fish houses, may be parked on or adjacent to a driveway on a lot in a "R" Use District from November 1 to April1 each year. Currently licensed and operable summer recreational equipment may be parked on or adjacent to a driveway on a lot in a "R" Use District from April1 to November 1 each year. At all other times, recreational equipment shall be stored in the rear or side yard. b. If topography or other natural conditions of the lot do not allow for storage in the side or rear yards, the recreational equipment may be parked adjacent to the driveway subject to written approval of the Zoning Administrator and the following standards: ~ The recreational equipment must be located at least 5 feet from any side lot line. ~ The recreational equipment shall not encroach into any public right-of-way. 1:\04 files\04 ordin amend\04 zoning\boat lifts\ordinance.doc www.cityofpriorlake.com PAGE 1 Phone 952.447.4230 / Fax 952.447.4245 c. Boat lifts. rail systems and track systems must be setback at least 10' from a side lot line. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 17th day of May, 2004. ATTEST: City Manager Mayor Published in the Prior Lake American on the 22nd day of May, 2004. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 1:\04 files\04 ordin amend\04 zoning\boat lifts\ordinance.doc PAGE 2