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Home My WebLink About9A CC Boat Slip Ordinance Amendment PresentationAMENDMENTS TO PRIOR LAKE CITY CODE SECTIONS 1101 GENERAL PROVISIONS 1102 USE DISTRICT REGULATIONS 1104 SHORELAND REGULATIONS 1106 PLANNED UNIT DEVELOPMENTS AND 1109 ADMINISTRATIVE PROCEDURES RELATED TO PERSONAL BOAT SLIPS AND MOORING FACILITIES November 4, 2019 Prior Lake City Council History •Current City Code does not permit renting or leasing of personal dock space or boat slips. •Commercial uses are not permitted in residential districts, except for certain home occupations and CUPs. •Staff & Council have received an increasing number of complaints from residents related to slip rental. •Public concern related to increased boat traffic, on and off-water safety, strangers walking through private yards to access watercraft, increased on-street parking, etc. •Difficulty in enforcing regulation. •Council direction on April 15, 2019. •Representatives of the PL Association, SL Association, City Council, and Code Enforcement staff were assembled to identify some common concerns and brainstorm possible solutions. •Initial focus was to clarify language related to personal boat slip rental. •Focus expanded to include Controlled Access Lots following a concept plan review which included HOA boat slips. •Boat slip to shoreline ratio, •How the shoreline is measured, and •Ability to utilize unbuildable land areas for controlled access lot calculations. Process Public Hearing Process •Public Hearing Scheduled •PH notice published in the Prior Lake American. •Meeting notification and proposed amendments shared by SL and PL Associations •Public Hearing held by PC on October 14, 2019. •Proposed ordinance language posted on city website. Definitions •Restricted Watercraft.Watercraft for use on or stored on the public waters except for the following: •Watercraft 16 feet or less in length which uses no motor or a motor of 10 horsepower or less; and •Watercraft 20 feet or less in length, which uses no motor and is propelled solely by human power. •Boat Slips, Personal. Docks, Personal. Short Term Rentals •Mooring and Storage of Watercraft. •No more than 2 watercraft may be moored at any one time. •Any watercraft must be registered and owned by either the property owner or the current tenant. Personal Boat Slips •Revised from a maximum of 6 slips to a maximum of 5 slips per property. •10’ dock setback 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. 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. Controlled Access Lot Regulation Overview •MNDNR Rules (6120.3300) allow for CALs, if allowed by local governments, as part of a subdivision so owners of non-riparian lots can gain access to the water. •Must meet certain lot requirements •Can include up to 6 mooring spaces; additional spaces can be added proportionate with additional water frontage. •The amount of additional frontage is determined based on a percentage that varies with the ratio of lake area to shoreline. •Rule was designed so more frontage was needed for lakes with more shoreline per acre of surface water. •Purpose of rule is to manage watercraft use to limit overcrowding of watercraft on a lake and avoid large developments with little shoreline funneling people and watercraft onto lakes through small access lots. 1:18.75’ History •City previously utilized percentage and ratio approach in MNDNR Rules. •Every CAL slip over 6 required a 25% increase in lot width over the required 75’ minimum on PL and a 20% increase on SL. •Prior Lake = 75’ minimum lot width x 25% = 18.75’ per slip. •Spring Lake = 75’ minimum lot width x 20% = 15’ per slip. •2015 ordinance amendment established 1:18.75’ on all recreational lakes for simplicity and uniformity. Prior Lake Controlled Access Lots Association Name Water Body # of Slips Permitted Approx. Shoreline (ft)1:18.75'# Over @ 1:18.75'1:30'# Over @ 1:30'1:50'# Over @ 1:50' Windsong on the Lake Lower Prior Lake 37 569 30 7 18 19 11 26 Harbor Community Association Lower Prior Lake 60 1105 58 2 36 24 22 38 Oakland Beach Homeowners Association Lower Prior Lake 39 270 14 25 9 30 5 34 Island View 1st Add. Association Upper Prior Lake 36 380 20 16 12 24 7 29 Island View 5th Add. Association Upper Prior Lake 20 185 9 11 6 14 3 17 Mitchell Pond Association Lower Prior Lake 23 170 9 14 5 18 3 20 Fish Point Beach Homeowners Association Lower Prior Lake 9 100 5 4 3 6 2 7 Pixie Point Homeowners Association Lower Prior Lake 5 50 2 3 1 4 1 4 Lakeside Manor Association Lower Prior Lake 53 410 21 32 13 40 8 45 Willow Beach Association Upper Prior Lake 46 480 25 21 16 30 9 37 Boudin's Manor Association Lower Prior Lake 39 737 39 0 24 15 14 25 Spring Lake Estates Association Spring Lake 54 945 50 4 31 23 18 36 Crystal Bay Association Upper Prior Lake 21 390 19 2 13 8 7 14 Inguadona Beach Homeowners Association Upper Prior Lake 46 873 46 0 29 17 17 29 Total 488 6664 347 141 216 272 127 361 Other •City boat slip language added requiring a public hearing if the city proposes to add city boat slips in the future. •Housekeeping items moving language from one section of the code to another to make it easier to navigate. •Language added related to authority for city to require submittal of watercraft registration and proof of ownership or tenancy to establish compliance with the ordinance. •Changed definition of Personal Docks to Personal Boat Slips. •City regulates boat slips. •Language added to the short-term rental section setting maximum limit of 2 watercraft for short term rental properties. Two Primary Issues •Two separate subjects •Personal boat slip rental and the difficulty staff has in enforcing this activity. •The appropriate number of Controlled Access Lot boat slips and how the number is calculated. •Lower Prior has two large property areas that are anticipated for residential development •Approx. 1,325 linear feet of shoreline each. •Current regulations = approximately 70 slips •Proposed regulations = approximately 25 slips •DNR conditional approval as proposed amendments are consistent with or more stringent than state shoreland rules. Public Comments •Primary comments related to: •Support of ordinance as written. •Slip to shoreline ratio of 1:50’ too restrictive. •Why decrease number of watercraft from 6 to 5? •Concern whether their HOA will be grandfathered in. •Enforcement process. •Standard Code Enforcement processes –reactive vs. proactive. •Would this ordinance prevent friends and family from visiting? Options •City Council may: •Approve the amendments as proposed. •Approve the amendments as amended by the Council. •Deny the amendments. •Provide direction to staff and continue discussion to a future meeting. •If approved, city staff recommends the termination of the Policy Guiding the Placement of Personal Docks. Questions?