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HomeMy WebLinkAbout4B Inguadona HOA - CUP PM Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: OCTOBER 28, 2019 AGENDA #: 4B PREPARED BY: CASEY McCABE, COMMUNITY DEVELOPMENT DIRECTOR PRESENTED BY: CASEY McCABE AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) ALLOWING AN EXPANSION OF A CONTROLLED AC- CESS LOT ON INGUADONA BEACH CIR SW DISCUSSION: Introduction Property Owners of Inguadona Inc., are requesting a Conditional Use Permit to increase the number of boat slips and change the configuration of the association dock system to accommodate up to 20 slips for the lake access homeowners. A Controlled Access 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 located along Inguadona Beach Circle SW on Upper Prior Lake. History The plat of Inguadona Beach was approved in 1924; the plat included 60 single- family lots, dedicated driveways and walks. The original plat created 19 lakefront lots and 41 interior lots (back-lots). Since platting, several lots have been com- bined and there are currently 14 lakefront lots and 20 interior single-family lots. Property Owners of Inguadona, Inc. was filed as a Minnesota nonprofit corpora- tion in 1966. At the same time, Articles of Incorporation of Property Owners of Inguadona, Inc. were filed for the purpose to associate together and promote the interests and welfare of the property owners of Inguadona Beach. All property owners of Inguadona Beach are members of the corporation. In 2011, the Bylaws and Articles of Incorporation were amended and restated. The amended and restated articles of incorporation stated, Lot 3, Inguadona Beach shall be held for the use and benefit of the members. Lot 3 has been and shall continue to be used as a shared amenity for recreational use by the mem- bers, their residents and guests. Current Circumstances Property Owners of Inguadona, Inc. is requesting a Conditional Use Permit (CUP) to allow a Controlled Access Lot to provide lake access to back lot property own- ers within the 1924 plat of Inguadona Beach. Property Owners of Inguadona currently own a lake access lot (Lot 3), which provides lake access for six interior lot owners. The homeowner’s association is requesting approval of a CUP to expand the existing six slip system to a twenty-slip system. Although the Property Owners of Inguadona parcels have sufficient area to be considered a controlled access lot, the current association boat slip is not consid- ered a controlled access lot within Prior Lake City Code because there are only six slips. Mooring facilities of seven slips or greater require issuance of a CUP. 2 SITE CHARACTERISTICS: Total Site Area: The controlled access lot area owned by Property Owners of Inguadona, Inc. totals 36,590 sq. ft. (PID 250950030 & 250950480). Shoreline: The jointly owned shoreline is approximately 875 linear feet. Access: Access to the site is from Inguadona Beach Circle SW via an associa- tion lot and dedicated Driveways and Walk. 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, identifies minimum conditions for this specific type of use in the R-1 Use District; the conditions are listed as conditions of approval below. CONDITIONAL USE PERMIT (CUP) ANALYSIS: 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. 3 (5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity. (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 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. 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 4 (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 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: • Obstruct the navigation of any lake; • Obstruct reasonable use or access to any other dock, mooring fa- cility 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 5 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 Department of Natural Resources as of the date of adoption of this ordinance. In addition to the above conditions identified in Section 1102.403 (7) of the City Code, city staff is proposing the following CUP conditions: ➢ The joint dock system shall be located adjacent to Lot 3, Inguadona Beach. ➢ The joint dock system shall not exceed twenty (20) slips. ➢ The total number of boat slips for all controlled access lot property shall not exceed forty-six (46) slips. ➢ The dock system shall be installed in the configuration presented to the Planning Commission. Any change to the configuration of the dock and/or slips must be approved in writing by the Zoning Administrator. ➢ Prior to issuance of a permit to install the dock system, the Property Own- ers of Inguadona, Inc. Bylaws shall be amended to address how the dock system shall be regulated, including use, maintenance and costs. The Bylaws shall provide a reasonable and equitable way for all property own- ers within Inguadona Beach to obtain a boat slip if they elect. 2. The Conditional Use Permit is subject to the issuance of requirement permits from all applicable governmental agencies. 3. The resolution of approval of the Conditional Use Permit shall be recorded at the Scott County Recorder’s Office. ISSUES: The Property Owners of Inguadona requested condition f. above related to re- strooms be removed. The homeowner’s association does not feel that condition is necessary as all HOA members live in close proximity to the association dock system. In this case, staff agrees and the condition requiring restrooms has not been included in the attached resolution. The Planning Commission held a public hearing on October 14, 2019 to consider potential amendments related to boat slips. If the Planning Commission ap- proved this requested CUP, the proposed boat slip ordinance amendments being considered by the city council on November 4, 2019 would be amended to include Inguadona Beach as a Controlled Access Lot. ALTERNATIVES: 1. Motion and a second to approve a Resolution approving a Conditional Use Permit to allow a Controlled Access Lot with up to 20 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. 6 3. Motion and a second to table action and request additional information from the applicant. RECOMMENDED MOTIONS: Alternative #1 ATTACHMENTS: 1. Location Map 2. Inguadona Beach Plat 3. Existing and Proposed Dock Configuration 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 19-XXPC A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) ALLOWING AN EXPANSION OF A CONTROLLED ACCESS LOT ON INGUADONA BEACH CIR SW 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 Property Owners of Inguadona, Inc. for a Conditional Use Permit to allow up to 20 boat slips at the Property Owners of Inguadona Association Controlled Access Lot in the R-1 SD (Low Density Residential Use District in Shoreland) at the following property: Lot 3, Inguadona Beach and the Lakeshore Property Lying Between Platted Property of Inguadona Beach and Upper Prior Lake, Scott County, Minnesota PID: 250950030 & 250950480 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 #DEV19-000028 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 use will not have undue adverse impacts on the use and enjoyment of properties in close proximity. 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 3. The CUP is hereby approved, subject to the following conditions: I. 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 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. 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. g. 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. h. 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. 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 Standards of Subsection 1102.700 4 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. II. The joint dock system shall be located adjacent to Lot 3, Inguadona Beach. III. The joint dock system shall not exceed twenty (20) slips. IV. The total number of boat slips for all controlled access lot property shall not exceed forty-six (46) slips. V. The dock system shall be installed in the configuration presented to the Planning Commission. Any change to the configuration of the dock and/or slips must be approved in writing by the Zoning Administrator. VI. Prior to issuance of a permit to install the dock system, the Property Owners of Inguadona, Inc. Bylaws shall be amended to address how the dock system shall be regulated, including use, maintenance and costs. The Bylaws shall provide a reasonable and equitable way for all property owners within Inguadona Beach to obtain a boat slip if they elect. 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 OCTOBER 2019. Bryan Fleming, Commission Chair ATTEST: Casey McCabe, Community Development Director VOTE Fleming Tieman Tschetter Ringstad Kallberg Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ INGUADONA BEACH CIR SWUpper Prior Lake Ü Inguadona Beach AssociationConditional Use Permit Location Map UPPER PRIOR LAKEGD(904) SPRING LAKEGD(912.8) BLINDLAKERD(948.7) ARTICLAKENE(906.7) MARKLEYLAKERD( ) HOWARD LAKENE(957.3) CRYSTAL LAKENE(943.3) RICE LAKENE(945) CAMPBELLLAKENE(Not Estab.) Spring Lake SUBJECTPROPERTY SUBJECTPROPERTYSUBJECTPROPERTY