HomeMy WebLinkAboutProposed Ordiannce and Summary Publication Resolution 04 "1°4i~
u "I 4646 Dakota Street SE
Prior Lake,MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 114-XX
AN ORDINANCE AMENDING SUBSECTION 1101.1000, SUBSECTION 1104.307, SUBSECTION 1102.503
AND SUBSECTION 1102.1103 OF THE PRIOR LAKE CITY CODE PART 1 WHICH, AMONG OTHER
THINGS, CONTAINS PENALTY PROVISIONS
1. The City Council of the City of Prior Lake does hereby ordain that Subsection 1101.1000 of Section 1101, General
Provisions,of the Prior Lake Zoning Ordinance is hereby amended by inserting the following definitions in alphabetical
order:
Boat Slip. An area of water adjacent to a dock or slip structure or within a mooring area which is used for
storage of one watercraft.
Controlled Access Lot. A riparian parcel of land used as a Mooring Facility for non-riparian lot owners with
access to public waters.
Docks, Personal. The mooring of six or fewer watercraft allowed for personal use by the owners and/or
tenants of low density residential riparian lots, as further guided by the Policy Guiding the Placement of
Personal Docks in the City of Prior Lake.
Marina,Commercial. A mooring facility of seven or more restricted watercraft wherein boat slips are leased
and commercial ancillary services common to marinas are provided,including boat tours.
Marina,Recreational. A mooring facility of seven or more restricted watercraft wherein boat slips are leased
and commercial ancillary services common to marinas are not provided.
Mooring. Any containment of free-floating watercraft that provides a fixed fastening for the craft.
Mooring Facility. Any area intended for the mooring of seven or more watercraft by docks,mooring buoys,
or other means.
Watercraft. Any vessel, boat, canoe, raft, barge, sailboard, or any similar device used or useable for
carrying and transporting persons on the public waters.
Watercraft, Restricted. Watercraft for use on or stored on the public waters except for unrestricted
watercraft as defined in this section.
Watercraft, Unrestricted. Watercraft for use on or stored on the public waters which is:
1. 16 feet or less in length and unmotorized;or
2. 16 feet or less in length which uses a motor of 10 horsepower or less;or
3. 20 feet or less in length and unmotorized,and which is propelled solely by human power.
2. The City Council of the City of Prior Lake does hereby ordain that Subsection 1101.1000 of Section 1101, General
Provisions,of the Prior Lake Zoning Ordinance is hereby amended by deleting the following definition:
Marina. A business 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.
3. The City Council of the City of Prior Lake does hereby ordain that Subsection 1104.307 of Section 1104, Shoreland
Regulations, of the Prior Lake Zoning Ordinance is hereby amended by deleting Subsection 1104.307 in its entirety
and replacing it with the following:
1104.307: Additional Special Provision:
(1) Residential subdivisions with dwelling unit densities exceeding those in Subsection 1104.301 and
1104.302 of this subsection shall only be allowed if designed and approved as residential planned unit
developments under Subsection 1104.800. Only land above the ordinary high-water level of public water
can be used to meet lot area standards, and lot width standards must be met at both the ordinary high-
water level and at the building line.
(2) Subdivisions of duplexes, triplexes, and quads on Natural Environment Lakes must also meet the
following standards:
a. Each building must be set back at least 200 feet from the ordinary high-water level;
b. Each dwelling unit must be separately served by public utilities, none of which are shared;
c. Watercraft docking units must be separately served by public utilities,none of which are shared;
d. No more than 25%of a lake's shoreline can be in duplex,triplex or quad developments.
(3) Mooring Facilities shall meet the following conditions as determined by the Zoning Administrator:
a. The facility shall be compatible with the adjacent land and water uses.
b. Adequate water depth is available for the proposed facility without churning of bottom
sediments.
c. The facility will not create a volume of traffic on the lake in the vicinity of the facility that will be
unsafe or will cause an undue burden.
d. The facility will not affect the quality of water and the ecology of the lake.
e. The facility, by reason of noise,fumes or other nuisance characteristics,will not be a source of
annoyance to persons in the vicinity of the facility.
f. Adequate sanitary and parking facilities will be provided in connection with the facility.
g. Compliance with the provisions of Subsection 1104.307(4), (5)or(6)as applicable.
h. A Mooring Facility Permit shall be obtained as set forth in Subsection 1104.307(7)
(4) Controlled Access Lots shall meet the following conditions as determined by the Zoning Administrator:
a. The lot must be suitable for the intended use as a Mooring Facility.
b. The lot must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of
non-riparian lots in the subdivision who are provided access rights on the lot.
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c. The entire lot shall be a minimum of 20 feet in depth measured from the Ordinary High Water
Elevation.
d. The allowable number of Boat Slips for a Controlled Access Lot shall be based on the conditions
identified in Subsection 1104.307(3)and(4);provided however, in no case shall the number of
boat slips exceed 1 Boat Slip for every 12.5 feet of Lot width as measured at the Ordinary High
Water Elevation.
e. Covenants must be recorded against the Controlled Access Lot and all benefiting lots that specify
which lot owners have authority to use the Controlled Access Lot and what activities are allowed.
The activities may include watercraft launching, loading, storing, beaching, mooring, or docking.
The covenants may also include other outdoor recreational activities that do not significantly conflict
with general public use of the public water or the enjoyment of normal property rights by adjacent
property owners. Examples of the non-significant conflict activities include swimming, sunbathing,
or picnicking. The covenants must limit the total number of watercraft allowed to be securely
moored, docked,or stored over water, and must require centralization of all common facilities and
activities in the most suitable locations on the lot to minimize topographic and vegetation alteration.
The covenants must also require all parking areas, storage buildings, and other facilities to be
screened by vegetation or topography as much as practical,from view from public water,assuming
summer, leaf-on conditions.
(5) Recreational Marinas shall be allowed on a riparian lot in the R-2 or C-2 Zoning Districts. The lot and
Recreational Marina shall meet the following minimum conditions as determined by the Zoning
Administrator:
a. The minimum lot size shall be one(1)acre.
b. The allowable number of Boat Slips shall be based on the conditions identified in Subsection
1104.307(3)and (5).
c. The lot shall provide paved off-street parking at a minimum ratio of one(1) parking space per four
(4)Boat Slips;parking shall not be located below the Ordinary High Water Elevation and shall further
meet the standards in Subsection 1104.501(1)of this Ordinance. In addition, a landscaping buffer
shall be installed and maintained between the parking and the Ordinary High Water Elevation
sufficient to capture and filter all run-off from the parking.
d. The lot shall meet the impervious surface coverage requirements in Subsection 1104.306 of this
Ordinance. For purposes Subsection 1104.306(2)and (3), Recreational Marinas shall be defined
as a permitted commercial ("C") use.
e. All General Performance Standards in Section 1107 of this Ordinance shall apply. Bufferyards,
Type C, as defined in Subsection 1107.2005, shall be constructed along any "R" Use District.
Signage shall be allowed per Subsection 1107.810 for Lake Services and shall further meet the
standards in Subsection 1104.501(3)of this Ordinance.
(6) Commercial Marinas shall be allowed on a riparian lot in the R-2 or C-2 Zoning Districts. The lot and
Commercial Marina shall meet the following minimum conditions as determined by the Zoning
Administrator:
a. The minimum lot size shall be one(1)acre.
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b. The lot shall provide paved off-street parking at a minimum ratio of one(1) parking space per four
(4) boat slips; parking shall not be located below the Ordinary High Water Elevation and further
meet the standards in Subsection 1104.501(1)of this Ordinance. In addition, a landscaping buffer
shall be installed and maintained between the parking and the Ordinary High Water Elevation
sufficient to capture and filter all run-off from the parking. Additional off-street parking may be
required for boat tours or if the Zoning Administrator determines that an ancillary use requires
additional parking.
c. The lot shall have public bathrooms connected to municipal sanitary sewer as approved by the City.
d. The lot shall meet the impervious surface coverage requirements in Subsection 1104.306 of this
Ordinance. For purposes Subsection 1104.306 (2)and (3), Commercial Marinas shall be defined
as a permitted commercial("C")use.
e. All General Performance Standards in Section 1107 of this Ordinance shall apply. Bufferyards,
Type C, as defined in Subsection 1107.2005, shall be constructed along any "R" Use District.
Signage shall be allowed per Subsection 1107.810 for Lake Services and further meet the standards
in Subsection 1104.501(3)of this Ordinance.
f. Hours of operation for boat tours shall be limited to between 7:00 a.m.and 10:00 p.m., seven days
a week.
g. Commercial Marinas shall obtain and comply with a permit issued by the Minnesota Department of
Natural Resources. The permit shall determine the number of allowable Boat Slips.
(7) All Mooring Facilities shall obtain a Mooring Facility Permit. An application for a Mooring Facility Permit
shall be on a form provided by the City and shall follow the applicable procedure as set forth below:
a. Controlled Access Lots.
i. Applicants applying for a Mooring Facility Permit for a Controlled Access Lot shall submit the
application to the Zoning Administrator. The Zoning Administrator shall review the application
for compliance with the conditions identified in Subsection 1104.307(3)and (4). Within thirty
(30)days of receipt of a complete application,the Zoning Administrator shall either approve
or deny the permit. Upon a denial of the permit, notice shall be sent by regular mail to the
applicant which notice shall provide the grounds for such denial and shall inform the applicant
of the applicant's right,within twenty(20)calendar days of receipt of the notice by applicant,
to request an appeal of the Zoning Administrator's determination to the City Council. If an
appeal to the City Council is timely received by the Zoning Administrator,the hearing before
the City Council shall take place within 20 calendar days of the receipt of the appeal by the
Zoning Administrator. Upon approval of a permit,the Zoning Administrator shall issue a
Mooring Facility Permit to the applicant.
ii. Mooring Facility Permits for Controlled Access lots shall expire upon the earlier of(i)any
change to the Mooring Facility including but not limited to a change in the structure, size,or
layout of the facility;or(ii)three(3)years from the date of issuance.
iii. Mooring Facility Permits for Controlled Access lots may be revoked or cancelled following the
procedure set forth in Subsection 1108.221.
b. Recreational Marinas. Applicants applying for a Mooring Facility Permit for a Recreational Marina
shall apply for a Conditional Use Permit following the procedures set forth in Subsection 1108.205
through 1108.222. The conditions set forth in Subsection 1104.307(3) and (5), as well as any
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additional conditions imposed by the Planning Commission or City Council, shall apply to
Conditional Use Permits issued to Recreational Mannas.
c. Commercial Marinas. Applicants applying for a Mooring Facility Permit for a Commercial Marina
shall apply for a Conditional Use Permit following the procedures set forth in Subsection 1108.205
through 1108.222. The conditions set forth in Subsection 1104.307(3) and (6), as well as any
additional conditions imposed by the Planning Commission or City Council, shall apply to
Conditional Use Permits issued to Commercial Mannas.
(8) All non-compliant Mooring Facilities existing as of the adoption of this Ordinance shall be legal
nonconforming uses subject to Minn. Stat.462.357, Subd. le.
This Ordinance shall become effective from and after its passage and publication of a corresponding summary.
Passed by the City Council of the City of Prior Lake this 9th day of June, 2014.
ATTEST:
Frank Boyles, City Manager Kenneth L. Hedberg, Mayor
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(gQ txy
4646 Dakota Street SE
NESolt' Prior Lake, MN 55372
RESOLUTION 14-rn
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO 114-
AND ORDERING THE PUBLICATION OF SAID SUMMARY
Motion By: Second By:
WHEREAS, Ordinance No. 114- was adopted and ordered published at a regular
meeting of the City Council of the City of Prior Lake held on the 9th day of June,
2014.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. Ordinance No 114- is lengthy.
2. The text of the summary of Ordinance No. 114- , attached hereto as Exhibit A, conforms
to Minn. Stat. Section 331A.01, Subd. 10, and is approved, and publication of the title and
summary of the Ordinance will clearly inform the public of the intent and effect of the
Ordinance.
3. The title and summary shall be published once in the Prior Lake American in a body type no
smaller than brevier or eight-point type.
4. A printed copy fo the Ordinance shall be made available for inspection by any person duing
regular office hours at the office of the City Clerk, and a copy of the entire text of the Ordinance
shall be posted in the City offices.
5. Ordinance No. 114- shall be recorded in the Ordinance Book, along with proof of
publication, within twenty (20) days after said publication.
PASSED AND ADOPTED THIS 9th DAY OF JUNE, 2014.
VOTE Hedberg Keeney McGuire Morton Soukup
Aye ❑ ❑ ❑ ❑ ❑
Nay ❑ ❑ ❑ ❑ ❑
Absent ❑ ❑ ❑ ❑ ❑
Abstain ❑ ❑ 0 ❑ ❑
Frank Boyles, City Manager
EXHIBIT A
SUMMARY OF ORDINANCE No. 114-
AN ORDINANCE AMENDING SUBSECTIONS 1101.1000 (LAND USE
DESCRIPTIONS) AND 1104.307 (ADDITIONAL SPECIAL PROVISION, SHORELAND
REGULATIONS) OF THE CITY CODE RELATED TO MARINAS AND CONTROLLED
ACCESS LOTS
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, HEREBY ORDAINS:
Summary: Pursuant to Minn. Stat. Section 331A.01, Subd. 10, the City is authorized to
summarize ordinances that are published. This ordinance ordains that as of the Effective Date of
this Ordinance, Subsections 1101.1000 and 1104.307 are amended to address regulations for
marinas and controlled access lots. The Shoreland Regulations, Section 1104, include new
regulations for Recreational Marinas, Commercial Marinas, and Controlled Access Lots, including
but not limited to, general and specific conditions of approval, permitting authorities, maximum
dock slip formula for Controlled Access Lots, and grandfathering of existing mooring facilities.
Recreational and Commercial Marinas will continue to be allowed by Conditional Use Permit in
the Medium Density Residential (R-2) and General Business (C-2) Use Districts.
Effective Date: This Ordinance shall take effect upon publication.
Passed by the City Council of the City of Prior Lake this 9TH Day of June, 2014.
ATTEST:
Frank Boyles, City Manager Kenneth L. Hedberg, Mayor
Published in the Prior Lake American on the 14th day of June, 2014.
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