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HomeMy WebLinkAbout5F Dedicated Waterfront 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: MARCH 14, 2016 AGENDA #: 5F PREPARED BY: PRESENTED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT SPECIALIST DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR AGENDA ITEM: CONSIDER APPROVAL OF A REPORT REGARDING AMENDMENTS AND PROCESS FOR THE ADOPTION OF CONTROLLED ACCESS LOTS ORDI- NANCE AMENDMENTS DISCUSSION: Introduction The purpose of this agenda item is to review the City Attorney’s recommended amendments to Sections 1101 General Provisions, 1102 Use District Regula- tions and 1104 Shoreland Regulations of the Prior Lake City Code relating to Dedicated Waterfront as previously directed by the city council for consideration on March 14. History Over the past two years the Prior Lake City Council has adopted two ordinances amending the City Code related to Recreational Marinas, Commercial Marinas and Controlled Access Lots. Because the ordinance amendments previously approved by the City of Prior Lake did not contemplate the regulation of dedicated waterfront parcels, on No- vember 9, 2015, in response to resident concerns, the Prior Lake City Council passed an interim ordinance imposing a 5-month moratorium on the placement or installation of any docks on waterfront properties dedicated by plat for the joint use of the owners of the lots. Under the terms of the moratorium, the Council directed city staff and the City Attorney’s Office to explore and evaluate the city’s options for the regulation of docks or boat slips on dedicated waterfront in an effort to resolve or prevent disputes such as the one currently occurring in Sun- fish Bay. The City Attorney’s Office prepared a memo discussing the various options avail- able to the city related to regulation of dock or boat slips on common waterfront property dedicated by plat for the joint use of all owners of lots within a subdivi- sion. The memo was reviewed and discussed by the City Council during a Jan- uary 25th work session. City Council members considered six options for regu- lation of dock and boat slip limits on waterfront properties dedicated by plat. During the January 25th Work Session, the City Council provided direction that the city would consider dedicated waterfronts as non-conforming Controlled Ac- cess Lots and provided further direction that the allowable number of boat slips should be calculated at the same ratio as controlled access lots of one boat slip per 18.75 feet of shoreline at the Ordinary High Water Elevation (OHW). 2 Current Circumstances The February 22nd City Council meeting included an agenda item to terminate the moratorium which temporarily prohibits any installation or placement of docks, extending from and/or accessed by certain property within the City of Prior Lake. Prior to consideration of this agenda item, three members of the Sunfish Bay subdivision spoke at the open forum and expressed concerns about the city’s interpretation of the dedicated waterfront as a non-conforming con- trolled access lot which would allow a maximum of 23 boat slips to be installed along the waterfront. The City Council took action to not terminate the moratorium and instead pro- vided direction to staff to amend the Zoning Ordinance to identify Dedicated Wa- terfronts and regulate boat slips along Dedicated Waterfront at the same ratio of one slip per 18.75 of shoreline at the OHW. The other conditions, such as the requirement to have a neighborhood association, restrooms, parking spaces, trash receptacles, etc., which are required for Controlled Access Lots would not apply to Dedicated Waterfronts. Conclusion The City Attorney has prepared an ordinance amending Subsections 1101.1000 (Land Use Descriptions); 1102.401 (Permitted Uses in the R-1, Low Density Residential Use District); and 1104.307 (Additional Special Provisions within the Zoning Provisions/Shoreland Regulations) for consideration. The proposed amendments include the insertion of a definition of Dedicated Wa- terfront within Subsection 1101.1000; Dedicated Waterfront. Only those parcels that exist in this manner as of January 1, 2016 shall qualify as Dedicated Water- front. Subsection 1102.401 will be amended by adding “Dedicated Waterfront” to the list of permitted uses in the R-1, Low Density Residential Use District. Dedicated Waterfront are permitted a maximum of 1 Boat Slip for every 18.75 feet of Lot width as measured at the OHW. ISSUES: Because this ordinance is part of the zoning regulations, apublic hearing on these proposed amendments has been scheduled before the Planning Commis- sion on March 21st. If a recommendation is made at that meeting, the City Coun- cil will take action on March 28th. Staff wants to provide an opportunity at this meeting on March 14th for the City Council to review the City Attorney’s recom- mendation, in order to gain concurrence or to hear feedback from the Council. The interim ordinance will expire on April 21, 2016 unless the City Council takes action to terminate the interim ordinance prior to that date. ALTERNATIVES: 1.Motion and a second, as part of the Consent Agenda, to accept this re- port acknowledging the proposed amendments and the time line and process for consideration and passage of the amendments. 2.Motion and a second to remove this item from the consent agenda for addi- tional discussion. RECOMMENDED MOTION: Alternative # 1 ATTACHMENT: 1.Proposed Redline Amendments to 1102 and 1104. SECTION 1102 USE DISTRICT REGULATIONS EXCERPT 1102.400: "R-1" Low Density Residential. The purpose of the "R-1" Low-Density Residential Use District is to provide areas where the emphasis is on single-family residential development. The Use District provides for other uses which are compatible with the overall low-density of these areas and which will serve the residential neighborhood. 1102.401 Permitted Uses. The following uses are permitted in the "R-1" Single Family Residential Use District if the use complies with the Residential Performance Standards of Subsection 1102.700:  Single Family Dwellings  State Licensed Residential Facilities as permitted by Minnesota State Statutes.  Parks and Open Spaces  Group Homes/Statutory  Dedicated Waterfront SECTION 1104 SHORELAND REGULATIONS EXCERPT 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. (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 Ord. Amd. 115-23, Pub. 10/10/2015 (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. The lot shall have public bathrooms connected to municipal sanitary sewer or Portable Toilets as approved by the City. f. 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. 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 Recreational Marinas and Commercial Marinas shall obtain a Conditional Use Permit following the procedures set forth in Subsections 1108.205 through 1108.222. The conditions set forth in Subsection 1104.307(3) and either (5) or (6) as applicable, as well as any conditions imposed by the Planning Commission or City Council, shall apply to Conditional Use Permits issue to Recreational Marinas and Commercial Marinas. (Ord. Amd. 114-12, publ. 6/28/14) (8) Dedicated Waterfront are permitted only in R-1 zoning districts. No new Dedicated Waterfront may be established after January 1, 2016. Dedicated Waterfront are permitted a maximum of 1 Boat Slip for every 18.75 feet of Lot width as measured at the Ordinary High Water Elevation.