Loading...
HomeMy WebLinkAbout4A Boudins Manor Association - CUP PM Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: OCTOBER 28, 2019 AGENDA #: 4A PREPARED BY: AMANDA SCHWABE, PLANNER PRESENTED BY: AMANDA SCHWABE AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) ALLOWING AN INCREASE IN BOAT SLIPS AT THE CONTROLLED ACCESS LOT FOR BOUDIN’S MANOR ASSOCIATION IN THE R-1 SD (LOW DENSITY RESIDENTIAL IN SHORELAND) ZONING DIS- TRICT DISCUSSION: Introduction The purpose of this public hearing is to consider an application from Kathy Smith, on behalf of the Boudin’s Manor Association, for a Conditional Use Permit (CUP) allowing an increase in the number of boat slips at a Controlled Access Lot in the R-1 SD (Low Density Residential in Shoreland) Zoning District. A Controlled Ac- cess Lot is defined as a riparian parcel of land used as a Mooring Facility for non- riparian lot owners with access to public waters. The controlled access lot is lo- cated along Boudin Street NE, west of State Highway 13 on Lower Prior Lake. History DNR Permit #89-6458 (replaced permit #77-6545) approved the existing dock system with 32 slips for the Boudin’s Manor Association. In 2003, the DNR turned the responsibility for homeowners’ association dock permitting to the City. In May 2018, the Planning Commission reviewed a similar request and conducted a pub- lic hearing. At that time, concerns were raised regarding navigability and owner- ship of the property below the 904 elevation. A motion to approve the request failed. Current Circumstances The Boudin’s Manor Association is requesting a Conditional Use Permit (CUP) to increase the number of boat slips in their homeowner’s association from 32 to 39. Controlled access lots are a conditional use in the low and medium density resi- dential zoning districts. Any new controlled access lot or expansion of an existing controlled access lot requires the issuance of a CUP. It should be noted that the applicant re-applied for a CUP prior to the recent proposed dock ordinance dis- cussions, which if approved as proposed, would limit the association to its current number of slips and configuration. SITE CHARACTERISTICS: Total Site Area: The site includes approximately 0.87 acres above the 904 ele- vation which is utilized by the Association members who reside within the Bou- din’s Manor development which is improved with a picnic shelter. Access: Access to the site is from Boudin Street NE. 2 2030 Comprehensive Plan Designation: This property is designated R-LD for Urban Low Density on the 2030 Comprehensive Plan Land Use Map. Zoning: The site area is zoned R-1 SD (Low Density Residential in Shoreland). Subsection 1104.307 (4) of the Zoning Ordinance states that controlled access lots are permitted only on General Development Lakes by Conditional Use Per- mit. Subsection 1102.403 (7), Controlled Access lot on General Development Lake, lists fourteen conditions for this specific type of use in the R-1 Use District. The fourteen minimum conditions, as well as a few additional conditions, as recom- mended by staff, are listed as conditions of approval below. CONDITIONAL USE PERMIT (CUP) ANALYSIS: At the May 28, 2019 Planning Commission meeting, concerns were raised by attendees related to the navigability of the area around the proposed dock exten- sion(s) as well as placement of the proposed dock extensions in or on the ground below the 904 that was not owned by the applicant. The applicant considered different configurations for the dock system; however, moving the docks further to the west would require additional dredging which would likely have negative impacts on the bay and ultimately the lake. Navigability Per the survey submitted by the applicant dated April 29, 2019, along with 2019 Scott County GIS aerial photos, there are four (4) multi-slip dock systems in Bou- din’s Bay. In conversations with the applicant, navigating into and around the proposed dock extension should not be an issue as there is approximately 135’ between the proposed extension to the nearest dock system. For comparison, the channel leading out of Boudin’s Bay appears to be approximately 87’ wide at the 904 elevation. Property Ownership Boudin’s Bay was not surveyed or plotted as part of Lower Prior Lake on the original Government Land Office surveys of Minnesota. According to City Attor- ney Schwarzhoff, the area known as “Boudin’s Bay” appeared on the original survey as land area abutting the meandered lake. As a result, the area in question is considered “not meandered”. If a lake is not meandered, ownership of the lakebed, but not the water, is with the owner of the property, as is the case in this situation. The survey provided by the applicant indicates that a portion of the existing docks/slips as well as the proposed dock extensions encroach on property not owned by the Boudin’s Manor Association. Written permission from the property owner of the lakebed would be necessary if the dock system were to be perma- nently attached to or placed on the lakebed in an area not owned by the Boudin’s Manor Association. 3 Subsection 1108.202, Standards for Conditional Uses states, the Planning Com- mission shall review all applications for a Conditional Use Permit and shall make findings with respect to the following criteria: (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. The use is consistent with the goals and policies of the 2030 Comprehensive Plan and Controlled Access Lots are permitted as a conditional use per the Prior Lake zoning ordinance. (2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. The proposed use will not be detrimental to the health, safety, morals and general welfare of the community. (3) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. The proposed use is permitted with a conditional use permit in the R-1, Low Density Residential Use District. (4) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The use will not have adverse impacts on governmental facilities, services, or improvements. (5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. Controlled access lots are allowed 1 slip for every 18.75’ of lot width measures at the 904 elevation. Based on shoreline footage, the Boudin’s Manor Association would be permitted to have up to 39 slips. The DNR previously permitted 32 boat slips in this location. The request, if approved, would add an additional seven slips to the existing dock system. The proposed additional seven slips should not have undue adverse impacts on the use and enjoyment of properties in close proximity as navigability of the public water would be available during times that Boudin’s Bay itself is navigable (excluding times of exceptionally high or low water elevations). (6) The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the Planning Commission and incorporated as part of the conditions imposed on the use by the Planning Commission. The use will adhere to the design requirements of the City. (7) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service 4 facilities. The plans shall be included as part of the conditions set forth in the CUP approved by the Planning Commission. There are not any permanent structures proposed with this request. Any required drainage and utility engineering plans would be prepared in accordance with City requirements. (8) The use is subject to such other additional conditions which the Planning Commission may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the Planning Commission may impose restrictions and conditions on the CUP which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the Planning Commission. Conditions are included in the resolution to ensure the protection of the general health, safety and welfare of the public as part of the CUP. The Area Hydrologist for the DNR received a copy of the application information and elected again not to comment on this request. Conclusion Staff recommends approval of the request for a conditional use permit, subject to the following conditions: 1. The following conditions outlined in Section 1102.403 (7) of the City Code, related to Controlled Access Lots, shall be adhered to: 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 subdivi- sion 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); pro- vided 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 Or- dinary 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 activ- ities 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 pub- lic 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 5 the lot to minimize topographic and vegetation alteration. The cove- nants must also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as prac- tical, from view from public water, assuming summer, leaf-on condi- tions. f. Functioning restroom facilities shall be accessible on the lot for all user 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: (1) Obstruct the navigation of any lake; (2) Obstruct reasonable use or access to any other dock, mooring fa- cility or other structure; (3) Present a potential safety hazard; or (4) 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 gar- bage receptacles shall be emptied on a regular basis to avoid the accumulation of refuse. o. All docks, mooring facilities, and Controlled Access Lots legally exist- ing 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 Con- trolled Access Lots to maintain the number of Boat Slips which were approved via permit issued by the City of Prior Lake or Minnesota 6 Department of Natural Resources as of the date of adoption of this ordinance. 2. If the dock supports are to be placed on or in the lakebed, written approval allowing the Boudin’s Manor Association to install docks/slips in/on the lakebed of PID 251530030 from the property owner(s) of PID: 251530030 shall be provided to the Community Development Department prior to the initial installation of the approved dock/slip extensions. 3. The Conditional Use Permit does not constitute approval of construction per- mits from the City of Prior Lake. Separate building permits from the City must be obtains prior to any construction. 4. The Conditional Use Permit is subject to the issuance of requirement permits from all applicable governmental agencies. 5. The resolution of approval of the Conditional Use Permit shall be recorded at the Scott County Recorder’s Office. ISSUES: After reviewing the application and proposed dock system extension, staff does not believe that two of the Controlled Access Lot conditions identified in Subsec- tion 1107.403 (7) should apply to this request. Specifically, conditions “i” and “o” above. Condition “i" above states, “One (1) paved off-street parking space shall be pro- vided 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.” The Boudin’s Manor Association does not currently have off-street parking iden- tified for their Controlled Access Lot. City staff feels the intent of this condition was to discourage neighborhoods or groups of individuals who are not adjacent to the proposed Controlled Access Lot from requesting a CUP without supplying adequate parking facilities and relying solely on on-street. In this case, the mem- bers of the Boudin’s Manor Association live adjacent to the Controlled Access Lot. While there are lots within the Boudin’s Manor development who are greater than 1,000 feet from the Controlled Access Lot, not all lots within the development have a slip. Condition “o” above states, “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 contin- ued 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 non- conforming Controlled Access Lots to maintain the number of Boat Slips which were approved via permit issued by the City of Prior Lake or Minnesota Depart- ment of Natural Resources as of the date of adoption of this ordinance.” Condition “o” was included in the ordinance to establish the number of slips al- lowed for existing controlled access lots as of the date the ordinance was ap- proved. With approval of a CUP, the Boudin’s Manor Association Controlled Ac- cess Lot would be deemed a permitted use and thus, condition “o” is not needed. 7 Staff is recommending approval of the CUP with the removal of conditions “i" and “o” above. ALTERNATIVES: 1. Motion and a second to approve a Resolution approving a Conditional Use Permit to allow a Controlled Access Lot with a maximum of 39 slips in the R- 1, Low Density Residential Use District with the above listed conditions. 2. Motion and a second to deny the Conditional Use Permit subject to findings of fact. 3. Motion and a second to table action and request additional information from the applicant. RECOMMENDED MOTIONS: City Staff recommends Alternative #1. ATTACHMENTS: 1. Resolution 19-XXPC 2. Location Map 3. Survey 4. Aerial Photos with Measurements 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 19-XXPC A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A CONTROLLED ACCESS LOT WITH 39 BOAT SLIPS FOR THE BOUDIN’S MANOR ASSOCIATION WITHIN THE R-1, LOW DENSITY RESIDENTIAL USE DISTRICT Motion By: Second By: WHEREAS, The Prior Lake Planning Commission conducted a public hearing on October 28, 2019, to consider a request from Kathy Smith, on behalf of the Boudin’s Manor Association, for a Conditional Use Permit to allow 39 boat slips at the Boudin’s Manor Assoc iation Controlled Access Lot in the R-1 SD (Low Density Residential Use District in Shoreland) at the following property: Outlot A, Boudin’s Manor 5th Addition, Scott County, Minnesota. PID: 251530010 WHEREAS, Notice of the public hearing on said CUP was duly published in accordance with the applicable Prior Lake Ordinances; and WHEREAS, The Planning Commission proceeded to hear all persons interested in this CUP, and persons interested were afforded the opportunity to present their views and objections related to the CUP; and WHEREAS, The Planning Commission has reviewed the application for the CUP as contained in the Case #DEV19-000015 and held a hearing thereon on October 28, 2019; and WHEREAS, The Planning Commission finds the proposed CUP is compatible with the stated purposes and intent of the Zoning Ordinance as they relate to conditionally permitted uses. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSION OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Planning Commission hereby adopts the following findings: a) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. The use is consistent with the goals and policies of the 2030 Comprehensive Plan and Controlled Access Lots are permitted as a conditional use per the Prior Lake zoning ordinance. 2 b) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. The proposed use will not be detrimental to the health, safety, morals and general welfare of the community. c) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. The proposed use is permitted with a conditional use permit in the R-1, Lot Density Residential Use District. d) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The use will not have adverse impacts on governmental facilities, services, or improvements. e) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The proposed additional seven slips should not have undue adverse impacts on the use and enjoyment of properties in close proximity as navigability of the public water would be available during times that Boudin’s Bay itself is navigable (excluding times of exceptionally high or low water elevations). f) The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the Planning Commission and incorporated as part of the conditions imposed on the use by the Planning Commission. The use will adhere to the design requirements of the City. g) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the Conditional Use Permit approved by the Planning Commission. There are not any permanent structures proposed with this request. Any required drainage and utility engineering plans would be prepared in accordance with City requirements. h) The use is subject to such other additional conditions which the Planning Commission may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in Subsection 1108.202. In these circumstances, the Planning Commission may impose restrictions and conditions on the Conditional Use Permit which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the Conditional Use Permit approved by the Planning Commission. Conditions are included in the resolution to ensure the protection of the general health, safety and welfare of the public as part of the CUP. 3. The CUP is hereby approved, subject to the following conditions: 1. The following conditions outlined in Section 1102.403 (7) of the City Code, related to Controlled Access Lots, shall be adhered to: 3 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 who are provided access rights on the lot. c. The lot must meet, at a minimum, the width and a rea 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 mus t 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 user 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: (1) Obstruct the navigation of any lake; (2) Obstruct reasonable use or access to any other dock, mooring facility or other structure; (3) Present a potential safety hazard; or (4) 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 place ment of docks. i. 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. j. No oscillating, rotating, flashing, moving or advertising signs shall be permitted on any Controlled Access Lot, dock or mooring facility. k. Access across wetlands is permitted only in accordance with the State and Federal wetland regulations. l. Controlled Access Lots shall meet the Residential Performance Standa rds of Subsection 1102.700 m. 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. 2. If the dock supports are to be placed on or in the lakebed, written approval allowing the Boudin’s Manor Association to install docks/slips in/on the lakebed of PID 251530030 from the property owner(s) of PID: 251530030 shall be provided to the Community Development Department prior to the initial installation of the approved dock/slip extensions. 4 3. The Conditional Use Permit does not constitute approval of construction permits from the City of Prior Lake. Separate building permits from the City must be obtains prior to any construction. 4. The Conditional Use Permit is subject to the issuance of required permits from all applicable governmental agencies. 5. The resolution of approval of the Conditional Use Permit shall be recorded at the Scott County Recorder’s Office. PASSED AND ADOPTED THIS 28TH DAY OF MAY, 2019. Bryan Fleming, Commission Chair ATTEST: Casey McCabe, Community Development Director VOTE Fleming Tieman Tschetter Ringstad Kallberg Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ EXISTING Dock System: --------------- Existing Dock/Slip --------------- Measurements PROPOSED Dock System: --------------- Existing Dock/Slip --------------- Measurements