HomeMy WebLinkAbout115-23 Controlled Access Lot Ord Amend Ord (1 slip per 18 75' all) 09 28 2015 (2)
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 115-23
AN ORDINANCE AMENDING SUBSECTIONS 1102.403, 1102.503 AND 1104.307
OF THE PRIOR LAKE CITY CODE RELATED TO CONTROLLED ACCESS LOTS ON GENERAL
DEVELOPMENT LAKES AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER
THINGS, CONTAINS PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS:
1. City Code Subsection 1102.403 (7) is hereby added:
Controlled Access Lot on General Development Lake. Conditions
(7)
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.
c. The lot must meet, at a minimum, the width and area requirements for a Single-Family
residential riparian lot.
d. The allowable number of Boat Slips for a Controlled Access Lot shall be based on the
conditions identified in Subsection 1104.307(3); provided however, in no case shall the number
of Boat Slips exceed one (1) Boat Slip for every 18.75 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.
f. Functioning restroom facilities shall be accessible on the lot for all users of the lot 24 hours per
day during the boating season (from May 1 through September 30). The restrooms shall either
be connected to municipal sanitary sewer or shall be Portable Toilets as approved by the
Zoning Administrator.
g. No dock, mooring facility or other structure shall be located so as to:
Obstruct the navigation of any lake;
Obstruct reasonable use or access to any other dock, mooring facility or other
structure;
Present a potential safety hazard; or
Be detrimental to significant fish and wildlife habitat or protected vegetation.
h. Docks and mooring facilities shall be setback a minimum of ten (10) feet from side property
lines as measured at the Ordinary High Water Elevation. Docks and mooring facilities shall be
located a minimum of ten (10) feet from a straight line extension of the side property lines of
the lot into the Lake. This requirement may be adjusted, at the discretion of the Zoning
Administrator, in cases where topography significantly limits the placement of docks.
i. One (1) paved off-street parking space shall be provided for each four (4) Boat Slips for which
the owners, lessees or users do not live within one thousand (1,000) feet of the Controlled
Access Lot. 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 area.
j. The storage of materials that are flammable, explosive, or potentially injurious to human,
animal, or plant life upon any Controlled Access Lot, dock or mooring facility is prohibited.
k. No oscillating, rotating, flashing, moving or advertising signs shall be permitted on any
Controlled Access Lot, dock or mooring facility.
l. Access across wetlands is permitted only in accordance with the State and Federal wetland
regulations.
m. Controlled Access Lots shall meet the Residential Performance Standards of Subsection
1102.700.
n. Garbage receptacles shall be made available on the lot for use during the boating season (from
May 1 through September 30) and all garbage receptacles shall be emptied on a regular basis
to avoid the accumulation of refuse.
o. All docks, mooring facilities, and Controlled Access Lots legally existing on the date of this
ordinance which do not meet the above listed conditions shall be considered legally
nonconforming and the use may be continued in conformance with Minnesota Statutes Section
462.357 Subd. 1e, including through repair, replacement, restoration, maintenance, or
improvement, but not including expansion. It is the intent of the City of Prior Lake to allow
legally nonconforming Controlled Access Lots to maintain the number of Boat Slips which were
approved via permit issued by the City of Prior Lake or Minnesota Department of Natural
Resources as of the date of adoption of this ordinance. Below is a list of legally nonconforming
Controlled Access Lots and the number of Boat Slips permitted for each.
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Parcel ID # of Slips
Permit #Association NameWater Body
Number (PIN)Permitted
88-6322Windsong on the Lake 252360310Lower Prior Lake 26
89-6013Harbor Community Association 252030070Lower Prior Lake 60
89-6021Oakland Beach Homeowners Association 251700010Lower Prior Lake 39
89-6022Island View 1st Add. Association 251430700Upper Prior Lake 36
89-6002Island View 5th Add. Association252520320Upper Prior Lake 20
89-6035Mitchell Pond Association 251110260Lower Prior Lake 23
89-6272Fish Point Beach Homeowners Association 259360520Lower Prior Lake 9
89-6290Pixie Point Homeowners Association 252450051Lower Prior Lake 5
89-6378Lakeside Manor Association 250550260Lower Prior Lake 53
89-6456Willow Beach Association 251080020Upper Prior Lake 46
89-6458Boudin's Manor Association 251530010Lower Prior Lake 32
City PermitSpring Lake Estates Association254400850Spring Lake54
City PUDCrystal Bay Association254170250Upper Prior Lake 21
2. City Code Subsection 1102.503 (5) is hereby deleted in its entirety and replaced with the following:
Marina, Commercial. Conditions:
(5)
a. The minimum lot size shall be one (1) acre.
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. Bufferyard,
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.
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3. City Code Subsection 1102.503 (6) is hereby added:
Marina, Recreational. Conditions:
(6)
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. Bufferyard,
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.
4. City Code Subsection 1102.503 (9) is hereby added:
(9) Controlled Access Lot on General Development Lake. Conditions
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.
c. The lot must meet, at a minimum, the width and area requirements for a Single-Family
residential riparian lot.
d. The allowable number of Boat Slips for a Controlled Access Lot shall be based on the
conditions identified in Subsection 1104.307(3); provided however, in no case shall the number
of Boat Slips exceed one (1) Boat Slip for every 18.75 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
Page 4 of 6
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.
f. Functioning restroom facilities shall be accessible on the lot for all users of the lot 24 hours per
day during the boating season (from May 1 through September 30). The restrooms shall either
be connected to municipal sanitary sewer or shall be Portable Toilets as approved by the
Zoning Administrator.
g. No dock, mooring facility or other structure shall be located so as to:
Obstruct the navigation of any lake;
Obstruct reasonable use or access to any other dock, mooring facility or other
structure;
Present a potential safety hazard; or
Be detrimental to significant fish and wildlife habitat or protected vegetation.
h. Docks and mooring facilities shall be setback a minimum of ten (10) feet from side property
lines as measured at the Ordinary High Water Elevation. Docks and mooring facilities shall be
located a minimum of ten (10) feet from a straight line extension of the side property lines of
the lot into the Lake. This requirement may be adjusted, at the discretion of the Zoning
Administrator, in cases where topography significantly limits the placement of docks.
i. One (1) paved off-street parking space shall be provided for each four (4) Boat Slips for which
the owners, lessees or users do not live within one thousand (1,000) feet of the Controlled
Access Lot. 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 area.
j. The storage of materials that are flammable, explosive, or potentially injurious to human,
animal, or plant life upon any Controlled Access Lot, dock or mooring facility is prohibited.
k. No oscillating, rotating, flashing, moving or advertising signs shall be permitted on any
Controlled Access Lot, dock or mooring facility.
l. Access across wetlands is permitted only in accordance with the State and Federal wetland
regulations.
m. Controlled Access Lots shall meet the Residential Performance Standards of Subsection
1102.700.
n. Garbage receptacles shall be made available on the lot for use during the boating season (from
May 1 through September 30) and all garbage receptacles shall be emptied on a regular basis
to avoid the accumulation of refuse.
o. All docks, mooring facilities, and Controlled Access Lots legally existing on the date of this
ordinance which do not meet the above listed conditions shall be considered legally
Page 5 of 6
nonconforming and the use may be continued in conformance with Minnesota Statutes Section
462.357 Subd. 1e, including through repair, replacement, restoration, maintenance, or
improvement, but not including expansion. It is the intent of the City of Prior Lake to allow
legally nonconforming Controlled Access Lots to maintain the number of Boat Slips which were
approved via permit issued by the City of Prior Lake or Minnesota Department of Natural
Resources as of the date of adoption of this ordinance. Below is a list of legally nonconforming
Controlled Access Lots and the number of Boat Slips permitted for each.
Parcel ID # of Slips
Permit #Association NameWater Body
Number (PIN)Permitted
88-6322Windsong on the Lake 252360310Lower Prior Lake 26
89-6013Harbor Community Association 252030070Lower Prior Lake 60
89-6021Oakland Beach Homeowners Association 251700010Lower Prior Lake 39
89-6022Island View 1st Add. Association 251430700Upper Prior Lake 36
89-6002Island View 5th Add. Association252520320Upper Prior Lake 20
89-6035Mitchell Pond Association 251110260Lower Prior Lake 23
89-6272Fish Point Beach Homeowners Association 259360520Lower Prior Lake 9
89-6290Pixie Point Homeowners Association 252450051Lower Prior Lake 5
89-6378Lakeside Manor Association 250550260Lower Prior Lake 53
89-6456Willow Beach Association 251080020Upper Prior Lake 46
89-6458Boudin's Manor Association 251530010Lower Prior Lake 32
City PermitSpring Lake Estates Association254400850Spring Lake54
City PUDCrystal Bay Association254170250Upper Prior Lake 21
5. City Code Subsection 1104.307 (4) is hereby deleted in its entirety and replaced with the following:
(4) Controlled Access Lots are permitted only on General Development Lakes by Conditional Use
Permit. Controlled Access Lots shall comply with the conditions listed in Section 1102 and with
any other conditions the Planning Commission, or City Council in the case of an appeal, may
impose that are intended to promote the health, safety and welfare of the residents within the City.
6. Penalty. City Code Section 103 entitled “Definitions” and Section 104 entitled “General Penalty” are hereby
adopted in their entirety, by reference, as though repeated verbatim herein.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 28 day of September, 2015.
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ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kenneth L. Hedberg, Mayor
A Summary of this Ordinance was published in the Prior Lake American on the 10 day of October, 2015.
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