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HomeMy WebLinkAboutStaff Report - Marina Ord Amend o PR104, 4646 Dakota Street SE Prior Lake,MN 55372 4tINNESolP CITY COUNCIL AGENDA REPORT MEETING DATE: JUNE 9, 2014 AGENDA#: 9A PREPARED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR PRESENTED BY: DAN ROGNESS AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SUBSECTIONS 1101.1000 (LAND USE DESCRIPTIONS) AND 1104.307 (ADDITIONAL SPE- CIAL PROVISION, SHORELAND REGULATIONS), OF THE CITY CODE RE- LATED TO MARINAS AND CONTROLLED ACCESS LOTS. DISCUSSION: Introduction The purpose of this item is to consider proposed amendments to the city's Zoning Ordinance related to the regulation of Mooring Facilities, which includes Marinas and Controlled Access Lots (for homeowner associations). History In late 2013, the City Council approved a 6-month moratorium on marinas, ap- pointed a task force and directed them to propose appropriate changes to current regulations. The moratorium ended on May 22. The City Council realized that possible improvements could be made to how the city regulates marinas, due in part, to the fact that the DNR is only permitting commercial marinas with ancillary services. Marinas without such services, such as the Waters Edge Marina (i.e. recreational marinas), are fully regulated by the city. In addition to marinas, the Marina Task Force realized that the regulation of Con- trolled Access Lots for homeowner associations is also addressed in the Shoreland Regulations. Therefore, it looked at the overall regulations of Marinas and Controlled Access Lots within a revised Subsection 1104.307 of the Shoreland Regulations. Current Circumstances The 3-member Marina Task Force consisted of Perri Hite representing the Plan- ning Commission, Liz Weninger representing the Lakes Advisory Committee, and Woody Spitzmueller representing the Community Safety Advisory Committee and the Watershed District. This group met numerous times to discuss and pro- pose changes to the city's regulations. They also convened a larger research group twice to advise them, which included representatives of the DNR, home- owner associations with boat slips, the county's Sheriff Department, and the city's Police Department. Working together with staff, the task force developed and de- bated various amendments. The Planning Commission held a public hearing on the proposed amendments from the Task Force on May 19 (see Attachment 5). They recommended the Task Force amendments. In summary, the amendments proposed are intended to accomplish the following: 1. Consolidate mooring facility regulations within the Shoreland Regulations. 2. Retain marinas as requiring conditional use permits in the R-2 and C-2 Use Districts. 3. Divide one definition of marina into two definitions, including commercial (Captain Jack's and The Knotty Oar) and recreational (Waters Edge). 4. Add general and specific conditions to guide future decisions on marinas and controlled access lots. 5. Change the dock slip formula for controlled access lots. 6. Grandfather in all existing commercial and recreational marinas and con- trolled access lots. A summary of the proposed ordinance amendments is provided in Attachment 1, followed by the specific amendments in Attachments 2 and 3. In general, Marinas remain as conditional uses in the R-2 and C-2 Use Districts and are prohibited in all other districts, but all conditions are now incorporated into the Shoreland Reg- ulations, along with those for Controlled Access Lots,which are not restricted with respect to zoning districts. ISSUES: The Marina Task Force discussed how to best regulate the number of boat slips for Recreational and Commercial Marinas. In addition to the general conditions identified in Subsection 1104.307(3), the parking ratio (1 stall per 4 boat slips)will help dictate how many actual boat slips may be allowed. The DNR will ultimately make that decision for Commercial Marinas. The Task Force discussed a possible formula for Recreational Marinas, something like what is imposed for Controlled Access Lots; however, it was unable to develop one based on good rationale for those facilities that meet the recreational marina definition. Therefore, they did not agree upon a formula for Recreational Marinas. In lieu of the formula, numerous conditions are now included in the ordinance which collectively define the number of slips a recreational marina may have. Staff will have some examples at the meeting to review with the city council. Controlled Access Lots for homeowner's associations are grandfathered as non- conforming existing uses based upon the DNR permit they most recently received. Under this classification, the number of watercraft previously approved by the DNR may not be expanded without activating the provisions of the new ordinance. However associations are allowed to maintain their docks over time including replace decking, bumpers, floats and the like. ALTERNATIVES: 1. Motion and a second to approve an ordinance amending Subsections 1101.1000 and 1104.307 as recommended by the Planning Commission, or as may be further amended by the Council. 2. Motion and a second to approve a resolution approving an ordinance summary to be published. 2 3. Motion and a second to table action and provide further direction to city staff. RECOMMENDED Alternatives #1 and #2 MOTIONS: ATTACHMENTS: 1. Summary of proposed Ordinance Amendments 2. Proposed amendments to Subsection 1101.1000 3. Proposed amendments to Subsection 1104.307 4. Letter from the DNR dated 5/14/14 5. Planning Commission meeting minutes, May 19, 2014 3 SUMMARY OF PROPOSED CHANGES TO CITY ORDINANCES THAT REGULATE MARINAS AND CONTROLLED ACCESS LOTS Prior Lake, Minnesota Marinas (existing regulations): 1. Allowed in the R-2 and C-2 Zoning Use Districts. 2. Required to obtain a Conditional Use Permit (CUP). 3. Conditions apply specifically to Marinas in the R-2 and C-2 Districts. 4. Conditions apply in the CUP section of the ordinance, including general conditions,floodplain conditions and shoreland conditions. 5. DNR is responsible for permitting only Marinas with ancillary services. 6. The number of boat slips is decided by either the DNR or the City based on a parking ratio and on general criteria related to impacts to property and the lakes. Marinas (proposed regulations): 1. Recreational Marinas and Commercial Marinas are newly defined to replace one Marina definition (commercial marinas have ancillary services; recreational marinas do not). 2. Allowed in the R-2 and C-2 Zoning Use Districts. 3. Required to obtain a Conditional Use Permit (CUP). 4. Conditions apply in the Shoreland section of the ordinance, including general conditions and specific conditions for each Recreational and Commercial Marina. 5. DNR is responsible for permitting Commercial Marinas. 6. City is responsible for permitting Recreational Marinas. 7. The number of boat slips is decided by either the DNR (for Commercial Marinas) or the City (for Recreational Marinas). For Recreational Marinas,the maximum number is based on the general and specific conditions newly written into the Shoreland Regulations. Controlled Access Lots (existing regulations): 1. At a minimum,the lot must meet the lot width (75') and area (15,000 square feet) requirements for riparian single family residential lots. That minimum lot area is then allowed 6 boat slips. 2. Additional shoreline length beyond the single family lot would then allow one additional boat slip to be added to the 6 allowed boat slips for every 18.75 feet. Controlled Access Lots (proposed regulations): 1. At a minimum,the lot must have 20' in depth in order to have shoreline length counted toward the allowable boat slips. 2. For every 12.5 feet of shoreline at the Ordinary High Water Elevation, one boat slip is allowed. 3. A list of general conditions in the Shoreland Regulations will also be used to make sure that the number/location of boat slips does not impede navigation, safety, etc. ALL EXISTING MARINAS AND ASSOCIATION DOCKS ARE GRANDFATHERED AS NOW PERMITTED Minnesota Department of Natural Resources Minnesota Division of Ecological and Water Resources 1200 Warner Road Saint Paul, MN 55106-6793 DEPARTMENT OF NATURAL RESOURCES May 14, 2014 Dan Rogness Community and Economic Development Director 4646 Dakota Street SE Prior Lake, MN 55372 Re: Conditional Approval of Prior Lake Shoreland Ordinance Amendments Dear Mr. Rogness: Thank you for sending your proposed Shoreland Ordinance amendments to me for review. Based on our discussions I understand that Prior Lake is amending the ordinance in order to modify the regulation of all mooring facilities, including controlled access lots and commercial and recreational marinas. I have reviewed your proposed amendments received on May 13, 2014 for compliance with the statewide shoreland Rules (MR 6120.2500—6120.3900) as well as for additional shoreland and water quality protection opportunities. Conditional Approval I am pleased to inform you that the proposed amendments are substantially compliant with the statewide rules and conditionally approved. I have not identified any changes that need to be made. Additional Protection Recommendations I have also reviewed the proposed amendment for additional shoreland and water quality protection opportunities that go beyond the minimum statewide rules. Thank you for incorporating the changes that we have discussed during development of the ordinance changes, including the buffering requirement for marina parking lots. Next Steps Following are the steps for completing and receiving final DNR approval for your amendments: 1. The city council adopts the ordinance amendments revised according to the listed conditions. 2. Email me the completed Ordinance Processing Checklist(attached) and the documents identified on the checklist within 10 days of city council decision. 3. I will review the ordinance amendments adopted by the city council. 4. If the adopted amendments are consistent with the statewide shoreland rules, I will send you a"final approval" letter. The ordinance amendments will not be effective until the DNR provides final approval. mndnr.gov An Equal Opportunity Employer DNR Information:651-296-6157 1-888-646-6367 651-296-5484 1-800-657-3929 I appreciate the opportunity to work with you in updating Prior Lake's shoreland ordinance. I will continue to be available to help the Prior Lake administer the ordinance and to consult with you on other water-related projects and plans, and their implementation. Sincerely, Jennie Skancke DNR Area Hydrologist Cc: Terri Yearwood, DNR Regional Manager Jeanne Daniels, DNR District Dan Petrik, DNR Land Use Specialist mndnr.gov An Equal Opportunity Employer DNR Information:651-296-6157 1-888-646-6367 651-296-5484 1-800-657-3929 PRIOR LAKE PLANNING COMMISSION MINUTES Monday,May 19,2014 1. Call to Order: Chair Phelan called the Monday,May 19,2014 Prior Lake Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Jeff Phelan, Perri Hite, Eric Spieler and Wade Larson, Community and Economic Development Director Dan Rogness, City Planner Jeff Matzke and Development Service Assistant Sandra Woods. 2. Approval of Agenda: MOTION BY PHELAN, SECONDED BY HITE TO APPROVE THE AGENDA FOR THE MONDAY, MAY 19, 2014 PRIOR LAKE PLANNING COMMISSION. VOTE: Ayes by Phelan, Hite, Spieler, and Larson. The Motion carried. 3. Approval of Monday,May 5,2014 Meeting Minutes: MOTION BY HITE, SECONDED BY SPIELER TO APPROVE THE PRIOR LAKE PLANNING COMMISSION MONDAY,MAY 5, 2014 MEETING. VOTE: Ayes by Phelan, Hite, Spieler, and Larson. The Motion carried. 4. Public Hearings: A. DEV-2014-0005 — 15507 Calmut Avenue — Matt Prettyman/Mark Crouse is requesting a variance from the lake setback and impervious surface requirements on property located at 15507 Calmut Avenue, on the western shores of Lower Prior Lake, east of County Highway 21,north of Grainwood Circle. PID 25-035-006-0. Planner Matzke introduced the proposed variance and explained the current circumstances, issues, conclusion and alternatives. He stated staff as well as the applicant is recommending to table this variance to the next Planning Commission Meeting, June 2nd, 2014. Commission Comments/Questions: None. MOTION BY PHELAN, SECONDED BY SPIELER TO OPEN THE PUBLIC HEARING AT 6:07 P.M. VOTE: Ayes by Phelan, Hite, Spieler, and Larson. The Motion carried. Public Comment: Richard Beer, 13151 Schroeder Circle NE, stated he represents Wind Song on the Lake Association as its secretary/treasurer and mentioned the president of this association (Mr. Prashubh Batham) is also present. He stated it is their understanding that the association owns the lakeshore in front of the residence at 15507 Calmut Avenue. He asked if this is to be passed, what the impact of that lakeshore ownership or any impact or consequences to any City Ordinances for the two sets of docks that the association owns. He stated the reasons why that amount of lakeshore was purchased is so they could have two docks for the association. 1 Phelan asked Planner Matzke if he could verify Mr. Beer's comments. Planner Matzke stated no. Phelan suggested at this point he would make those notes in record and use this as another data point to consider when meeting with the applicant. Richard Beer clarified that when the association was formed, the common area was originally built out where the pavilion is at;that property was purchased by the builder to expand the lakeshore and then sold back to the current owner of the property with an agreement that they would have one slip for the life of the property as part of the agreement. MOTION BY PHELAN, SECONDED BY SPIELER TO TABLE THE HEARING UNTIL JUNE 2ND, 2014 OR UNTIL APPROAPERATE FOR STAFF. VOTE: Ayes by Phelan, Hite, Spieler, and Larson. The Motion carried. B. DEV-2014-0012—Kutzke Construction Inc.— 14977 Manitou Road—Kutzke Construction is requesting a variance from the front yard setback for a building addition on property located at 14977 Manitou Road, on the western shores of Lower Prior Lake, east of County Highway 21,between Lords Street NE and Coachman Lane NE. PID 25-053-003-0. Planner Matzke introduced the proposed variance and explained the current circumstances, issues, conclusion and alternatives. Staff is recommending approval of the resolution approving the requested variance or any variance the Planning Commission deems appropriate in these circumstances. He provided exhibits, including a resolution, location map as well as a survey and floor plans stamp dated April 29th, 2014. Commission Comments/Questions: Phelan stated he doesn't have any questions on this and believes the application to be in general harmony with the zoning ordinance and the comprehensive plan; the practical difficulties are obvious. The site topography limits doing anything else and he doesn't see anything else altering the neighborhood character. MOTION BY PHELAN, SECONDED BY SPIELER TO OPEN THE PUBLIC HEARING AT 6:19 P.M. VOTE: Ayes by Phelan, Hite, Spieler, and Larson. The Motion carried. Public Comment: None. MOTION BY PHELAN, SECONDED BY HITE TO CLOSE THE PUBLIC HEARING AT 6:20 P.M. VOTE: Ayes by Phelan, Hite, Spieler, and Larson. The Motion carried. Commission Comments/Questions: Spieler stated he supports this application In the past, the commission has looked at the back of houses toward the lake for expansion and variances. This application is different as they are asking for a variance 2 for the front of the house. He stated the design looks to be very nice, and they are only making minor modifications. Hite stated she will be supporting this application. She described that the front yard setback has not changed at all and stated the applicant is only filling in the six foot overhang. She said the topography of the lot doesn't lend itself to any other type of reasonable expansion. She mentioned that practical difficulties do exist. She said that granting of the variance is in harmony with the comprehensive plan and there is no change in the essential character of the neighborhood. Larson stated he is in agreement with his fellow commissioners with granting of this variance without altering the existing character from the neighborhood, and it is the most logical addition to house. MOTION BY HITE, SECONDED BY SPIELER TO APPROVE THE TWO VARIANCE REQUESTS: (1)THE 3.9 FOOT FRONT YARD SETBACK;AND (2)THE 10.5 FOOT SIDE YARD SETBACK ON THE CONDITIONS AS NOTED IN THE STAFF REPORT. VOTE: Ayes by Phelan, Hite, Spieler, and Larson. The Motion carried. C. Zoning Ordinance Text Amendments—Marinas—The Marina Task Force is proposing certain amendments to the Prior Lake Zoning Ordinance related to Subsections 1101.1000 (Land Use Descriptions) and 1104.307 (Additional Special Provision, Shoreland Regulations)of the City Code Related to Mooring Facilities, Controlled Access Lots and Marinas. Director Rogness introduced the recommended ordinance amendments and explained the different committees that have been involved with this process. The 3-member Task Force included Perri Hite, Woody Spitzmueller and Liz Weninger. A larger research group included representatives of the DNR, Sheriff's Department, Police Department, and Homeowner Associations with docks. He explained the history, current circumstances, issues and alternatives, including the different regulations, controlled access lots, general facilities for general conditions in existing versus proposed marinas as well as nonconforming uses and structures. He stated staff is recommending amendments to Subsections 1101.1000 and 1104.307 as proposed by the Marina Task Force, or as may be further amended by the Commission. Director Rogness also referred them to a letter from the DNR dated May 14, 2014. Commission Comments/Questions: Phelan commended the Task Force on a very comprehensive analysis of this situation. He said there seems to be more structure and this would allow the city to move forward with more clarity. He questioned the shoreland regulations of 1104.307 subsection 3 regarding having general conditions, regarding items b, c, and d and asked how city staff proposes to enforce these items? Director Rogness replied staff felt these new general conditions should be applied for all reviews, but that in some cases, staff may get some outside advice and prepare more research. He said the Task Force knew that these conditions are very general, and a challenge when making determinations. However, he stated these same conditions have been used in other lake communities. Hite stated the Marina Task Force defined marinas with more detail. She said they searched for consistency and uniformity in the ordinances and definitions. She explained how they looked into every type of mooring facility, including commercial and recreational marinas, and controlled access lots. She stated how important the full partnership team was in the review process. She stated Liz Weninger(LAC) 3 and Woody Spitzmueller reached out to HOA's to get feedback and input; the result of this made a majority of the participants in the research group feel confident about what is being presented today. Hite stated that coming up with formulas was one of the most difficult things for the Task Force; however, using consistency, uniformity and team research resulted in the Task Force feeling very comfortable with the proposal. Spieler asked how many marinas are in Prior Lake and are they recreational or commercial? Director Rogness replied there are three marinas, including Waters Edge as a recreational marina while Knotty Oar and Captain Jacks are commercial marinas. Spieler stated that there is some vacant property on Lower Prior Lake and asked if this area was to be converted into a marina in the future, would the zoning need to be change to a C-2 or a R-2? Director Rogness replied yes they would need to be rezoned to one of those two zoning use districts. Spieler asked so based on the square footage, if a marina was to move into that property on Lower Prior Lake could they have over 50 different docks? Director Rogness replied the comprehensive plan is only supportive of R-1 or park/open space for that area. It would either need to be rezoned to allow a marina, or it could be used as a controlled access lot as part of an association. Speiler asked what is the maximum length of dock and how should it be measured? Director Rogness replied there is no maximum;however,maintaining navigation is a condition. He used the Knotty Oar as an example to state that the length of their docks are probably at a maximum of extending out into the lake,primarily because of the navigation under the bridge and the channel that goes past that marina. Spieler asked if Captain Jacks needed to be more open so that boats could come and go. Would there be concern about how far out their docks could go? Director Rogness replied that staff would look at all of the conditions related to any proposed changes. He stated a lot of the marina and/or controlled access lots have gone through a thorough evaluation, so the length of docks are typically set. However, they can propose something different and then it would need to be evaluated based on the new ordinance criteria. Spieler asked is Lakefront Park considered an overnight boat parking? Planner Matzke stated Lakefront Park does day rentals and some weekend rentals over holiday weekends, but most rentals are on a daily basis. Spieler asked what rules do they have to follow and how does the city review this dock length? Planner Matzke replied they have a list of regulations behind all the leasing and rentals of the day use of the facilities. 4 Phelan questioned Subsection 8 related to legal non-conforming uses by asking if there was a proposed modification, expansion or reconfiguring of any of those docks,would that trigger a review subject to the proposed ordinance? He assumed that the grandfather clause only works as long as the mooring facility remains in its current condition. Director Rogness replied yes. MOTION BY PHELAN, SECONDED BY HITE TO OPEN THE PUBLIC HEARING AT 6:55 P.M. VOTE: Ayes by Phelan, Hite, Spieler, and Larson. The Motion carried. Public Comment: Liz Weninger explained that she serves on the Lakes Advisory Committee and was partnered with Commissioner Hite and Woody Spitzmueller on the Task Force. She explained the maximum length of a dock is 100-150 feet. She was not sure if it is Scott County or the DNR that made these rules. If there is a diving dock/swimming platform, it needs to be lighted and marked in some way, or it needs to be pulled back to a length of 100 feet away from shore. She supported conditions on parking areas to result in no runoff into lake. She asked Director Rogness if this information is in the report? Director Rogness replied yes,these conditions are included. He stated the DNR had some comments on additional setbacks from the ordinary high water elevation for parking lots, which are included in the proposal. Ms.Weninger stated to be careful and mindful about carrying gas cans on the dock;however,there needs to be some caution on the boaters behalf for carrying their gas cans out to their boats. Phelan asked Director Rogness are these concerns that Ms. Weninger is referring to all subject to conditional use permit for both the recreational and commercial marina? Director Rogness replied that is correct. Dan Shower, 4397 Quincy Street SE, asked about the changes regarding covenants and the controlled access spots on the lake that don't have a formal association; how does this apply and how will those controlled access lots establish convenants to be maintained and enforced? Phelan mentioned that would fall under the grandfather clause of subsection 8 and that should cover it, as long as they operate in the status quote. Director Rogness replied that is correct. Mr. Shower asked about the amount of docks/slips on controlled access lot with the 20 foot depth requirement from the ordinanry high water elevation mark. Director Rogness replied if there is 30 feet of shoreline and at least 20 feet in depth for a controlled access lot, at least 2 boat slips would be allowed, or said another way,the amount of running shoreline feet at 20 feet of depth is divided by 12.5 to arrive at the maximum number of boat slips. Ms. Weninger asked what if it was only 10 feet of depth? 5 Director Rogness said that 20 feet of depth needs to be maintained, or otherwise, a variance. Dan Shower thanked Ms. Weninger, Commissioner Hite and Director Rogness on a job well done. MOTION BY PHELAN, SECONDED BY HITE TO CLOSE THE PUBLIC HEARING AT 7:06 P.M. VOTE: Ayes by Phelan, Hite, Spieler, and Larson. The Motion carried. Commission Comments/Questions: Director Rogness stated staff should have added an additional ordinance item to amend. In the R-2 and the C-2 zoning district, it identifies marinas in each case under Conditional Uses. The marina use needs to remain,but the listed condition should be removed due to those now being in the Shoreland Regulations section. Staff may have to come back with a subsequent ordinance amendment; however if that is not necessary, staff wants this additional amendment in the meeting minutes. The ordinance Subsections include 1102.503(5) for the R-2 District and 1102.1103(10) for the C-2 District. Spieler stated he does like the proposed amendments and feels it clearly defines docks and marinas, as well associations. He stated he does support these proposed amendments and feels it is a good forward move. He appreciates the clarification with the Water's Edge and the Knotty Oar marinas if they make changes going forward. He felt a great job was done in pulling this together. Hite stated she has nothing additional to add;this has been worked on for a long time. Larson agrees with fellow commissioners and feels there was a lot of work involved by the Task Force and different agencies; therefore,he is pleased with the results. Phelan stated that he is satisfied with this proposed amendments and applauds those who were deeply engaged in the effort. He mentioned that a letter dated May 14, 2014 from Jenny Skanke with the DNR was positive. He feels it is appropriate to address both controlled access lots and marinas, and the 12.5 foot formula is reasonable. He stated there will be non-conforming or odd shaped lots with a process in place to make an application for variances. Director Rogness also noted that Sarah Schwarzhoff from the City Attorney's office was at every Task Force meeting and other meetings as well; she was very helpful in guiding everyone from a legal standpoint. MOTION BY LARSON, SECONDED BY PHELAN TO RECOMMEND AMENDMENTS TO SUBSECTION 1101.1000 AND 1104.307 AS PROPOSED BY THE MARINA TASK FORCE; ALSO SUBSECTIONS 1102.503(5)AND 1102.1103(10)AS NOTED. VOTE: Ayes by Phelan, Hite, Spieler, and Larson. The Motion carried. 5. Old Business: None. 6. New Business: A. Pledge of Allegiance 6 Direct Rogness stated Commissioner Larson had suggested this a couple of meetings ago. It is simply to ask whether the commission wants to include this in all future meetings, similar to the City Council. Phelan stated he doesn't have strong feelings either way. Spieler stated he feels it should be done and supports this. Hite stated she supports doing this. Larson stated he strongly support this. MOTION BY LARSON, SECONDED BY SPIELER TO ADOPT THE PLEDGE OF ALLEGIANCE TO BE INCLUDED IN THE AGENDA. VOTE: Ayes by Phelan, Hite, Spieler, and Larson. The Motion carried. 7. Announcements: A. Recent City Council Discussions/Decisions. • Enclave at Cleary Lake 2nd Addition—Final Plat&Vacate Easement 8. Adjournment: MOTION BY PHELAN, SECONDED BY LARSON TO ADJORN THE MEETING. VOTE: Ayes by Phelan, Hite, Spieler, and Larson. The Motion carried. The meeting adjourned at 7:17 p.m. Sandra Woods, Development Services Assistant 7