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HomeMy WebLinkAbout9A Boat Slip Ordinance Report 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: NOVEMBER 4, 2019 AGENDA #: 9A PREPARED BY: PRESENTED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT DIRECTOR CASEY MCCABE AGENDA ITEM: CONSIDER AMENDMENTS TO THE ZONING CODE, SECTION 1101, 1102, 1104, 1106, 1109 AND 315 RELATED TO PERSONAL BOAT SLIPS AND MOORING FACILITIES GOAL AREA AND OBJECTIVE: Environmental Stewardship & Recreation 2. Protect and enhance the quality of Prior Lake’s surface waters. Public Safety 3. Promote traffic safety through education, enforcement and engineering. 5. Address threats to community standards through code enforcement. DISCUSSION: Introduction The purpose of this item is to consider amendments to Sections 1101 General Provisions, 1102 Use District Regulations, 1104 Shoreland Regulations, 1106 Planned Unit Developments, 1109 Administrative Procedures, and 315 Short Term Rentals related to personal boat slips and mooring facilities. History Under the city’s current zoning ordinance, renting or leasing of personal dock space or boat slips is not permitted. Renting of boat slips is a commercial oper- ation and commercial uses are not permitted in residential districts, except for certain home occupations and uses allowed with a conditional use permit (CUP). Use of a dock and/or lot down to the low water mark for commercial purposes, including but not limited to, renting boat slips, storage of commercial equipment and employee or customer pickup or drop off, is prohibited. City staff and City Council members have received an increasing number of com- plaints from residents that some lake property owners are renting out private slips. This has caused concern from the public related to increased boat traffic on the lakes, on and off-water safety, strangers walking through private yards to access watercraft, increased on-street parking, etc. Although renting of personal boat slips is not permitted currently, this regulation is tough to enforce because it is difficult for code enforcement staff to prove per- sonal boat slips are being rented. Current Circumstances On April 15, 2019, the City Council directed staff to evaluate potential ordinance amendments related to boat slip rental and report findings and recommendations to the council. 2 The initial focus of the ordinance amendments was to clarify language related to personal boat slip rental. To help staff draft potential amendments, representa- tives of the Prior Lake Association, Spring Lake Association, Prior Lake City Council, and City Code Enforcement staff were assembled to identify some com- mon concerns and brainstorm possible solutions. After this group met the first time, a residential development concept plan was submitted for Planning Commission and City Council review. The concept plan included a neighborhood association dock system, which caused some public concern due to the number of proposed boat slips and resulted in questions about the city’s controlled access lot regulations. Residents questioned the boat slip to shoreline ratio, how the shoreline is measured and the ability to utilize unbuildable land areas for controlled access lot calculations. Conclusion City staff and the City Attorney utilized the assembled community representa- tives to prepare ordinance revisions related to renting of private boat slips as well as the controlled access lots. As proposed, the primary ordinance amendments relate to: Controlled Access Lots • Revise boat slip to shoreline ratio from 1:18.75’ to 1:50’ • Revise method to measure shoreline from measuring the contour of the ordinary high-water level (OHW) to the lesser of the contour at the OHW or a straight line between where the two side lot lines intersect with the OHW. • Requirement that shoreline counted must be usable (no wetlands, marsh, bog, etc.) • Requires land counted toward shoreline length to abut or lie within 10’ of navigable water. • Requires watercraft to be owned and registered to owners or tenants in the subdivision or their immediate family (spouse, parents, children). • Clarifies rental of slips is prohibited. Personal Boat Slips • Revised from a maximum of 6 slips to a maximum of 5 slips per property. • New language requiring a dock setback of 10’ from the side property line if 3 or more boat slips exist. • Language added to clarify owner of property (or immediate family) can use the slips, or property tenant (or immediate family) can use the slips, not both. • Allows for a boarder, or boarders, to place a total of 1 slip, provided the property owner is not using slip(s). If property owner has a slip, then a boarder would not be permitted to have a slip. • Clarifies rental of slips is prohibited. Other • City boat slip language added requiring a public hearing if the city pro- poses to add city boat slips in the future. • Many housekeeping items moving language from one section of the code to another to make it easier to navigate. 3 • Language added related to authority for city to require submittal of wa- tercraft registration and proof of ownership or tenancy to establish com- pliance with the ordinance. • Changed definition of Personal Docks to Personal Boat Slips; the city regulates boat slips not docks. • Language added to the short-term rental section setting maximum limit of 2 watercraft for short term rental properties. The Planning Commission held a public hearing on this item on October 14th. Only three of the five planning commissioners were able to attend and voted 2- 1 to recommend the City Council approve the amendments as proposed. One of the commissioners who was not able to attend submitted written com- ments indicating support for the proposed amendments but suggested a com- promise of the boat slip to shoreline ratio somewhere between the current 1:18.75 feet and the proposed 1:50 feet, which he felt seemed too stringent. The commissioner who opposed was in favor of clarifying the language explicitly prohibiting slip rental for the single-family riparian parcels, but he felt more work was needed on the language intended to limit the size of dock systems on con- trolled access lots. The commissioner suggested addressing boat slip standards uniformly on all property types, including setbacks, length restrictions, shoreline measurements, etc. related to general public safety or best practices using input or any available precedent from the DNR and surrounding communities. The commissioner expressed concern that the proposed statute now reaches be- yond the rental prohibition, is too complex and restrictive, and may swing too far, potentially disrupting positive elements of our lake community culture and felt there is room for further discussion on the slip standards after we clarify and approve narrower language strictly related to the rental prohibition. ZONING ORDINANCE AMENDMENT FINDINGS: Section 1108.600 of the Zoning Ordinance states: 1108.600 POLICY FOR AMENDMENTS. Recommendations of the Planning Com- mission and final determinations of the City Council shall be supported by find- ings addressing the relationship of the proposed amendment to the following policies. In the case of amendments to the formal text of this Ordinance: ➢ There is a public need for the amendment, or ➢ The amendment will accomplish one or more of the purposes of this Ordi- nance, the Comprehensive Plan or other adopted plans or policies of the City, or ➢ The adoption of the amendment is consistent with State and/or federal re- quirements. There is a public need for the amendments. Complaints received from resi- dents regarding lake property owners renting out private slips and the related increase in boat traffic on the lakes, on and off-water safety concerns, strangers walking through private yards to access watercraft, increased on-street parking demands, and the difficulty for city staff to enforce current city code regulations demonstrate a public need for the amendments. In addition, many residents attended recent City Council and Planning Commission meetings and submitted written communication in opposition to the number of controlled access lot boat 4 slips being proposed in a development concept plan demonstrate a public need for the amendments. The adoption of this amendment is consistent with State and/or federal re- quirements. The proposed amendments are consistent with state and federal requirements. The Minnesota DNR has received a copy of the proposed amend- ments and provided initial comment. While the DNR supports cities who want to be more stringent than state statute and rule, the comments stated the proposed 1:50’ boat slip regulation seems overly stringent and would restrict future devel- opments more so than existing developments. DNR comments supported the proposed language intended to clarify shoreline measurements and eliminate confusion related to dock placement. ISSUES: There are two separate subjects that staff has attempted to address with these ordinance amendments. The first is personal boat slip rental and the difficulty staff has in enforcing this activity. The second is related to controlled access lots, the appropriate number of boat slips and how the number of boat slips is calculated. Following the October 14th public hearing, city staff has received a few calls and emails from residents with questions about how the proposed ordinance amend- ments would affect their existing HOA controlled access lot; that the proposed boat slip to shoreline ratio of 1:50’ is too restrictive and will result in future devel- opments being treated different than previously approved developments; and some residents who do not support the 5 slip maximum per riparian lot. If the ordinance is approved, no changes would be required of any existing con- trolled access lot. All controlled access lots in the city would be legal non-con- forming uses and 'grandfathered in' as they are currently approved. Dock sys- tems can still be maintained and configurations can change with city approval; however, the number of slips could not be increased. One potential area of con- flict would be if any members of an existing HOA are currently renting their slip out to others who do not live within their association, or someone is allowing their slip to be used by someone who is not an immediate family member. It is not the intent of this ordinance amendment to affect the operation of any current legally existing HOA controlled access lot. Regarding the boat slip to shoreline ratio revision. The ordinance amendment is proposing an adjustment from 1:18.75’ to 1:50’. To provide an example of the proposed controlled access lot amendments, Lower Prior Lake has two large property areas that are anticipated for residential development. Both areas have approximately 1,325 linear feet of shoreline. Under the current controlled access lot regulations of one boat slip per 18.75’ of shoreline, both areas could seek approval for approximately 70 controlled access lot dock slips. Under the pro- posed ordinance amendment of one boat slip per 50’ of shoreline, the maximum number of controlled access lot slips would be approximately 25. Based on the feedback received by the city council, planning commission and city staff during recent requests for new or expanded controlled access lots, it did not appear likely that new or future uses would receive approval at the 1:18.75’ ratio. To set clear expectations for residents and developers and ease much of the concern large dock systems seem to create in the community, the 1:50’ ratio was proposed. If the council feels this ratio is too restrictive, then the council could recommend a revision to a 1:25’, 1:30’ or 1:40’ ratio. In the same 5 vein, the council may want to consider amending the proposed revision from 6 slips to 5 slips for riparian lots. The Prior Lake City Council adopted a Policy Guiding the Placement of Personal Docks in the City of Prior Lake in March 2008. The 2008 document is a policy only, and not enforceable as an ordinance is. If the City Council approves the proposed amendments, as proposed or as amended, city staff recommends the termination of the Policy Guiding the Placement of Personal Docks in the City of Prior Lake to avoid having a Policy and Ordinance in place which may have conflicting language. ALTERNATIVES: 1. Motion and a second to approve the amendments to Sections 1101 General Provisions, 1102 Use District Regulations, 1104 Shoreland Regulations, 1106 Planned Unit Developments, 1109 Administrative Procedures, and 315 Short Term Rentals as proposed, and a Resolution adopting the Summary of Ordinance and ordering the publication of said summary. 2. Motion and a second to deny the proposed amendments to Sections 1101 General Provisions, 1102 Use District Regulations, 1104 Shoreland Regula- tions, 1106 Planned Unit Developments, 1109 Administrative Procedures and 315 Short Term Rentals. 3. Provide direction to staff and continue discussion to a future meeting date. RECOMMENDED MOTION: Alternative No. 1. ATTACHMENT: 1. Ordinance and Summary Resolution Page 1 of 9 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 119-10 AN ORDINANCE AMENDING PART 11 AND PART 3 OF THE PRIOR LAKE CITY CODE RELATING TO BOAT SLIPS AND DOCKS AND ADOPTING BY REFERENCE CITY CODE SECTION 104 WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS: Section 1. City Code Subsection 1101.1000 is amended by deleting the definition for “Docks, Personal” and inserting the following definitions in alphabetical order: Boat Slips, City. The mooring of watercraft with permission of the City on property owned or controlled by the City. City boat slips, regardless of number, are not a Mooring Facility. Boat Slips, Personal. The mooring of five (5) or fewer restricted watercraft allowed for personal use by the owners or tenants of residential riparian lots. Section 2. City Code Subsection 1101.1000 is amended by deleting the definition for “Watercraft, Unrestricted” in its entirety. Section 3. City Code Subsection 1101.1000 is amended by deleting the definition for “Watercraft, Restricted” in its entirety and replacing it with the following: Watercraft, Restricted. Watercraft for use on or stored on the public waters except for the following: 1. Watercraft 16 feet or less in length which uses no motor or a motor of 10 horsepower or less; and 2. Watercraft 20 feet or less in length, which uses no motor and is propelled solely by human power. Section 4. City Code Section 1102 is amended by inserting “Personal Boat Slips” and “City Boat Slips” as permitted uses in the following districts: 1102.201 A; 1102.301 R-S; 1102.401 R-1; 1102.501 R-2; 1102.601 R-3; 1102.1001 C-1; 1102.1101 C-2; 1102.1201 C-3; and 1202.1401 I-1. Section 5. City Code Subsection 1102.403 provision (7) and Subsection 1102.503 provision (9) are revised as follows: Controlled Access Lot on General Development Lake. Conditions Page 2 of 9 a. The lot mustshall be suitable for the intended use as a Mooring Facility. b. The lot mustshall 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 mustshall 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 1104.310(3); provided however, in no case shall the number of Boat Slips exceed one (1) Boat Slip for every 5018.75 feet of lot width. Lot width shall be the lesser of either the shoreline as measured at the ordinary high water elevation or a straight line measured between where the two side lot lines intersect with the ordinary high water elevation (or the straight extension of the side lot lines if the side lot lines do not intersect with the ordinary high water elevation). Regardless of measurement method, any shoreland area which is unusable (wetland, swamp, bog, marsh, etc.) or which does not abut or lie within 10 feet of navigable water, shall not count toward lot width. as measured at the Ordinary High Water Elevation. e. All restricted watercraft moored at the lot shall be owned and registered to owners or tenants of the subdivision lots or their immediate family. For purposes of this requirement, “immediate family” means the spouse, parents and children (all including step- and foster-) of the owner or tenant or the owner or tenant’s spouse. Use of slips by persons described in this provision is not considered “rental” of slips. f. Rental of slips is prohibited. e.g. Covenants mustshall 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 mustshall limit the total number of watercraft allowed to be securely moored, docked, or stored over water, and mustshall require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alteration. The covenants mustshall also require all parking areas, storage buildings, and Page 3 of 9 other facilities to be screened by vegetation or topography as much as practical, from view from public water, assuming summer, leaf-on conditions. f.h. 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.i. 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.j. Docks and mooring facilities shall be set back 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.k. 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.l. 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.m. No oscillating, rotating, flashing, moving or advertising signs shall be permitted on any Controlled Access Lot, dock or mooring facility. l.n. Access across wetlands is permitted only in accordance with the State and Federal wetland regulations. m.o. Controlled Access Lots shall meet the Residential Performance Standards of Subsection 1102.700. Page 4 of 9 n.p. 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. Section 6. City Code Subsection 1102.503 provision (6) is amended by deleting “and (5)” from the end of (b) and replacing it with “and this provision (6)”. . Section 7. City Code Subsection 1102.1103 provision (9) is deleted in its entirety and replaced with the following: (9) Marina, Commercial. Conditions: 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 Page 5 of 9 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 Section 8. City Code Subsection 1102.1103 provision (10) is deleted in its entirety and replaced with the following: (10) Marina, Recreational. Conditions: 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 1104.310(3) and this provision (10). 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. Section 9. City Code Subsection 1104.307 is amended by replacing each instance of the word “must” with the word “shall” in (1) and (2); and by deleting provisions (3), (4), (5), (6), and (7) in their entirety. Section 10. City Code Section 1104 is amended by inserting a new Subsection 1104.310 to read as follows: 1104.310 Personal Boat Slips and Mooring Facilities: (1) Personal Boat Slips are permitted only on riparian lots. The lot and Personal Page 6 of 9 Boat Slips shall meet the following minimum conditions as determined by the Zoning Administrator: a. The slips can be located on separate dock structures, but no more than five (5) slips can be located on a lot. b. No more than five (5) restricted watercraft may be moored at any one lot at a time. c. If three (3) or more restricted watercraft are moored at any one lot at a time, any dock structure on that lot shall be at least ten (10) feet from all side lot lines at the ordinary high water mark. d. All Personal Boat Slips on a lot shall be used in only one of the following manners: i. Owner use - all restricted watercraft moored at the lot shall be owned and registered to the property owner or the property owner’s immediate family. For purposes of this requirement, “immediate family” means the spouse, parents and children (all including step- and foster-) of the property owner or the property owner’s spouse. ii. Tenant use – if the entire dwelling on the lot is being leased to a tenant and the owner occupies no portion of the lot, all restricted watercraft moored at the lot shall be owned and registered to the tenant or the tenant’s immediate family (as immediate family is defined above). In no case may the property owner and tenant both moor watercraft at the lot. iii. Boarder use – if a portion of a dwelling on the lot is being leased to a boarder(s) but the owner still occupies a portion of the lot, all restricted watercraft moored at the lot shall be owned and registered to the owner under provision (i) above or the boarder(s) (regardless of number of boarders) may moor only one (1) restricted watercraft at the lot. In no case may the property owner and boarder both moor watercraft at the lot. e. Rental of slips is prohibited. Use of slips allowed by (d) above is not considered “rental” of slips. (2) City Boat Slips are permitted only on riparian property owned or controlled by the City of Prior Lake, subject to DNR approval. The City may use the slips as determined and regulated by the City Council including rental of the slips. The City shall not increase the number of boat slips or increase the number of boat slips which the City rents without first holding a public hearing. (3) Mooring Facilities, including Controlled Access Lots, Dedicated Waterfronts, Recreational Marinas and Commercial Marinas, shall meet the following conditions as determined by the Zoning Administrator: a. The facility shall be compatible with the adjacent land and water uses. Page 7 of 9 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 applicable provisions of this Subsection 1104.310. (4) Controlled Access Lots are allowed only on riparian lots on General Development Lakes by Conditional Use Permit in the PUD, R-1 and R-2 Zoning Districts. Controlled Access Lots shall comply with all applicable conditions listed in this subsection 1104.310, the applicable Zoning District 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. All docks, mooring facilities, and Controlled Access Lots legally existing on the date of this ordinance which do not meet the applicable 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. Page 8 of 9 Permit #Association Name Parcel ID Number (PIN)Water Body # of Slips Permitted 88-6322 Windsong on the Lake 252360310 Lower Prior Lake 37 89-6013 Harbor Community Association 252030070 Lower Prior Lake 60 89-6021 Oakland Beach Homeowners Association 251700010 Lower Prior Lake 39 89-6022 Island View 1st Add. Association 251430700 Upper Prior Lake 36 89-6002 Island View 5th Add. Association 252520320 Upper Prior Lake 20 89-6035 Mitchell Pond Association 251550260 Lower Prior Lake 23 89-6272 Fish Point Beach Homeowners Association 259360520 Lower Prior Lake 9 89-6290 Pixie Point Homeowners Association 250500011 Lower Prior Lake 5 89-6378 Lakeside Manor Association 250550260 Lower Prior Lake 53 89-6456 Willow Beach Association 251080020 Upper Prior Lake 46 89-6458 Boudin's Manor Association 251530010 Lower Prior Lake 39 City Permit Spring Lake Estates Association 254400850 Spring Lake 54 City PUD Crystal Bay Association 254170250 Upper Prior Lake 21 City Permit Inguadona Beach Homeowners Association 250950030 Upper Prior Lake 20 (5) Dedicated Waterfronts are allowed 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. (Ord. Amd. 116-05, publ. 04/02/16) (6) Commercial Marinas are allowed only on riparian lots on General Development Lakes, by Conditional Use Permit in the PUD, R-2 or C-2 Zoning Districts. The lot and Commercial Marina shall comply with all applicable conditions listed this subsection 1104.310, the applicable Zoning District 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. (7) Recreational Marinas are allowed only on riparian lots on General Development Lakes, by Conditional Use Permit in in the PUD, R-2 or C-2 Zoning Districts. The lot and Recreational Marina shall comply with all applicable conditions listed in this subsection 1104.310, the applicable Zoning District 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. (8) If the City has reason to believe that any provisions in this subsection relating to personal boat slips or mooring facilities are not being complied with, the City has the authority to require the submittal of watercraft registration information, proof of ownership/tenancy of property or watercraft, proof of relationships, use of slip, or other information needed to establish compliance. Section 11. City Code Subsection 1106.500 is revised as follows: Page 9 of 9 1106.500 ALLOWED USES: Uses allowed within a PUD District are limited tomay include only those uses allowedgenerally considered associated inwith the general use district which is consistent with the land use category shown for the area on the official Comprehensive Plan Land Use Plan Map. Specific allowed uses and performance standards for each PUD shall be as provided in the City Code Section for the relevant use district and shall be delineated in the PUDan ordinance and development plan. The PUD development plan shall identify all the proposed land uses and those uses shall become permitted uses with the approval of the development plan by the City Council. Any change in the list of uses presented in the development plan will be considered an amendment to the PUD and will follow the procedures specified in City Code Section 1106.711 of this Ordinance. Section 12. City Code Section 1109 is amended by deleting Subsection 1109.906 in its entirety and renumbering existing 1109.907 to 1109.906. Section 13. City Code Subsection 315.503 is revised as follows: 315.503 Mooring and Storage of Watercraft: (1) No more than two (2) restricted watercraft may be moored at the permitted premises at any one time. Any restricted watercraft moored at the permitted premises must be registered and owned by either the property owner or the current tenant. (1)(2) No watercraft shall be permanently or temporarily placed or stored within the side yard setback of the permitted premises, as prescribed for the relevant zoning district by City Code Section 1102. Section 14. City Code Section 104 entitled “General Penalty” is adopted in its entirety, by reference, as though repeated verbatim herein. Section 15. This ordinance shall become effective upon its passage and publication. Passed by the City Council of the City of Prior Lake this 4th day of November 2019. ATTEST: _________________________ __________________________ Jason Wedel, City Manager Kirt Briggs, Mayor Page 1 of 2 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 19-131 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 119-10 AND ORDERING THE PUBLICATION OF SAID SUMMARY Motion By: Second By: WHEREAS, On November 4, 2019 the City Council adopted Ordinance No. 119-10 amending Part 11 and Part 3 of the City Code relating to boat slips and docks; and WHEREAS, Minnesota Statutes requires publication of an ordinance in the official newspaper before it becomes effective; and WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the Council finds that the summary is an accurate representation of the ordinance; and WHEREAS, The City Council desires to publish a summary of the amendments to Part 11 and Part 3 of the Prior Lake City Code and has determined the publication of a summary of this ordinance will meet the intent of the statute. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. Ordinance No. 119-10 is lengthy. 3. The text of summary of Ordinance No. 119-10, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. 4. The title and summary shall be published once in the Prior Lake American in a body type no smaller than brevier or eight-point type. 5. A complete text of the newly amended City Code will be available for inspection at City Hall or in the Document Center on the City of Prior Lake Website after November 5, 2019. PASSED AND ADOPTED THIS 4th DAY OF NOVEMBER 2019 VOTE Briggs Thompson Burkart Braid Erickson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ _____________________________ Jason Wedel, City Manager Exhibit A Page 2 of 2 4646 Dakota Street SE Prior Lake, MN 55372 SUMMARY ORDINANCE NO. 119-10 CITY OF PRIOR LAKE ORDINANCE NO. 119-10 AN ORDINANCE AMENDING PART 11 AND PART 3 OF THE PRIOR LAKE CITY CODE RELATING TO BOAT SLIPS AND DOCKS AND ADOPTING BY REFERENCE CITY CODE SECTION 104 WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS The following is only a summary of Ordinance No. 119-10. The full text will be available for public inspection after November 5, 2019 by any person during regular office hours at City Hall or in the Document Center on the City of Prior Lake Website. SUMMARY: The Ordinance amends Part 11 and Part 3 of the City Code relating to boat slips and docks by updating definitions and permitted uses; creating definitions and conditions for personal boat slips and city boat slips; updating and consolidating conditions for controlled access lots, commercial marinas and recreational marinas; updating PUD uses; and updating enforcement language. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 4th day of November 2019. ATTEST: _________________________ __________________________ Jason Wedel, City Manager Kirt Briggs, Mayor Summary published in the Prior Lake American on the 9th day of November, 2019.