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61 4646 Dakota Street SE
Prior Lake. MN 55372
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CITY COUNCIL AGENDA REPORT
MEETING DATE: JUNE 23, 2014
AGENDA#: 8A
PREPARED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR
PRESENTED BY: DAN ROGNESS
AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING TO SUBSECTIONS
1101.1000 (LAND USE DESCRIPTIONS), 1104.307 (ADDITIONAL SPECIAL
PROVISION, SHORELAND REGULATIONS) OF THE CITY CODE RELATED
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, and
directed a Task Force to propose changes on how the city regulates them; the
moratorium ended on May 22. The City Council realized that possible improve-
ments 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. Mari-
nas without such services, such as the Waters Edge Marina, 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 Safety Advisory Committee and the Water-
shed District. This group met numerous times to discuss and propose changes
to the city's regulations. They also convened a larger research group twice to
advise them, which included representatives of the DNR, homeowner associa-
tions with boat slips, the county's Sheriff Department, and the city's Police De-
partment.
The Planning Commission held a public hearing on the proposed amendments
from the Task Force on May 19 (see Attachment 7). They recommended the
Task Force amendments with the addition of amendments to Subsections
1102.503(5) and 1102.1103(10), removing conditions from Marina uses in the R-
2 and C-2 Use Districts. All conditions will now be listed in the Shoreland Regu-
lations.
The City Council discussed the proposed amendments on June 9, and requested
staff and the city attorney to review the following items:
1. Review the definition of "mooring" in order to make sure it includes all
devices that would provide mooring attachments for watercraft. A RE-
VISED DEFINITION IS PROVIDED.
2. Evaluate the addition of condition requiring portable toilets for Recrea-
tional Marinas. A NEW CONDITION (5)E HAS BEEN ADDED AS A CON-
DITION FOR RECREATIONAL MARINAS AS REQUIRING EITHER
PORTABLE TOILETS OF PUBLIC BATHROOMS.
3. Amend the non-conforming clause to change "non-compliant" to "legal
nonconforming. AFTER FURTHER REVIEW, THIS SECTION IS RE-
MOVED SINCE STATE STATUTES APPLY TO THE STATUS OF SUCH
USES; IT IS NOT NEEDED IN THE CITY'S ORDINANCE.
In addition, City staff further discussed the need for a new 3-year permit process
for Controlled Access Lots. Staff is now recommending to the Council that this
added provision not be included in the amended Shoreland Regulations. Staff
feels that enforcement is best accomplished on a complaint or request basis, us-
ing information on file as to each Homeowner Association's DNR permit. It is not
necessary to add staff time to something that may actually be more of a "want"
than a "need" related to lake issues.
ISSUES: Marinas are now listed as CUPs in the R-2 and C-2 Use Districts with specific
conditions; however, these conditions are being replaced in the Shoreland
Regulations. Therefore, staff will soon initiate a zoning text amendment process
to list both Recreational and Commercial Marinas as CUPs in the R-2 and C-2
Districts, and refer to Section 1104.307 for all conditions for review/approval. In
addition, Section 608, Portable Toilets, will be amended to add Recreational
Marinas as having such facilities.
ALTERNATIVES: 1. Motion and a second to approve an ordinance amending Subsections
1101.1000 and 1104.307 as may be further amended by the Council.
2. Motion and a second to approve a resolution approving an ordinance
summary to be published.
3. Motion and a second to table action and provide further direction to city
staff.
RECOMMENDED Alternatives #1 and #2.
MOTIONS:
ATTACHMENTS: 1. Recommended revisions to amendments to Subsection 1101.1000
2. Recommended revisions to amendments to Subsection 1104.307
3. Letter from the DNR dated 5/14/14
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