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HomeMy WebLinkAboutResolution 19-09PC - Lack of Majority Vote - Boudins Manor Association -CUP - dock 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 19-09PC MOTION FAILED – LACK OF MAJORITY VOTE Do not file. 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: Ringstad Second By: Fleming WHEREAS, The Prior Lake Planning Commission conducted a public hearing on May 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 Association 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 May 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. 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: a. The lot must be suitable for the intended use as a Mooring Facility. 3 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. 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. 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. 3. The Conditional Use Permit is subject to the issuance of required permits from all applicable governmental agencies. 4 4. 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. n/a – lack of majority vote Bryan Fleming, Commission Chair ATTEST: n/a – lack of majority vote Casey McCabe, Community Development Director VOTE Fleming Tieman Tschetter Ringstad Kallberg Aye ☒ ☐ ☐ ☒ ☐ Nay ☐ ☒ ☐ ☐ ☒ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☒ ☐ ☐