HomeMy WebLinkAbout09(B) - Approval of an Ordinance Amending Prior Lake City Code Subsection 1122.300, Land Use Definitions and Conditions, Related to the Pixie Point Homeowners Association Dock Report
ITEM: 9B
CITY COUNCIL AGENDA REPORT
MEETING DATE: June 5, 2023
PREPARED BY: Casey McCabe, Community Development Director
PRESENTED BY: Casey McCabe
AGENDA ITEM: Approval of an Ordinance Amending Prior Lake City Code Subsection
1122.300, Land Use Definitions and Conditions, Related to the Pixie Point
Homeowners Association Dock
RECOMMENDED ACTION:
Approval of an ordinance amending the definition of Controlled Access Lot within Prior Lake City
Code Sub-section 1122.300, Land Use Definitions and Conditions, to increase the number of slips
permitted for the Pixie Point Homeowners Association from five (5) to six (6).
BACKGROUND:
Prior Lake City Code Subsection 1122.300 defines Controlled Access Lot as, “A riparian parcel
of land used as a Mooring Facility for non-riparian lot owners with access to public waters.”
Fourteen controlled access lots, including the Pixie Point Homeowners Association, are identified
in Subsection 1122.300. Each of the 14 controlled access lots are identified by their original DNR
or City permit number, the association name, parcel identification number and water body where
they are located, and the number of slips that are permitted.
Subsection 11222.300 identifies five (5) permitted slips for the Pixie Point Homeowners
Association, as the DNR permit (No. 89-6290) issued in March 1989 authorized the HOA to “place
one floating dock measuring 70 ft. long by a maximum of 33.5 ft. wide with lateral fingers sufficient
to moor five boats.”
Current Circumstances
A representative of the HOA contacted City staff with a request to increase the approved number
of boat slips from five to six. To support their request, the HOA provided City staff with a copy of
the attached Stipulation of Settlement and Judgement from 2003.
In 1978 and 1981, Scott County Court and the Minnesota Supreme Court ruled on a case involving
property owner easement rights and access to the lake in the vicinity of the Pixie Point
Homeowners Association. The purpose of the 2003 Stipulation of Settlement, approved by Scott
County Court, was to clarify and bring organization to the usage of the easement and lake access
rights by all parties.
The settlement agreed to by the property owners identifies responsible parties for improvements
to be made; specific locations for easement holders’ boat slips; locations for property owners boat
slips; and areas for easement holders’ summer and winter equipment storage. In addition, the
settlement identifies a “configuration of a new dock system that may be introduced by Easement
Holders in future years to contain up to six (6) boat slips.”
Requests for a homeowners association docks were handled by the DNR when this dock was
approved in 1989. A request today for a Controlled Access Lot would require the issuance of a
Conditional Use Permit from the City of Prior Lake. This particular property would not be eligible
City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372
Item 9B
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for six boat slips under the current zoning code, as the property does not have sufficient lakeshore
(1 slip per 40 ft.) to support six slips. However, because the HOA and Scott County Court agreed
to the attached settlement in 2003 allowing up to six slips, staff felt a zoning code text amendment
request was appropriate for planning commission and city council consideration.
City staff discussed the Settlement with the City Attorney, whose position is the city could amend
the zoning code to allow for up to six slips for the HOA; however, even though the settlement was
adopted by the court, the City was not named as a party in the lawsuit and the settlement decision
is not necessarily binding on the city.
Conclusion
Subsection 1153.209 (Policy for Amendments) of the Zoning Code states recommendations of
the planning commission and final determinations of the city council shall be supported by findings
addressing the relationship of the proposed amendment to the following policies:
In the case of amendments to the text of the Zoning Code:
There is a public need for the amendment, or
The amendment will accomplish one or more of the purposes of the Zoning Code, 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 requirements.
Although this proposed amendment request is related to a somewhat unique circumstance, City
staff believes there is a public need for the amendment to address the discrepancy between
current zoning code language limiting the number of boat slips to five for the Pixie Point
Homeowners Association based on the original DNR permit and the Stipulation of Settlement
allowing for six boat slips.
The Planning Commission considered this request following a public hearing on May 22, 2023
and on a vote of 4-0, the Commission recommended approval of the proposed amendment.
FINANCIAL IMPACT:
No financial impact is anticipated as a result of this action.
ALTERNATIVES:
1. Motion and a second to approve an ordinance amending the definition of Controlled
Access Lot within Prior Lake City Code Subsection 1122.300, Land Use Definitions and
Conditions, to increase the number of slips permitted for the Pixie Point Homeowners
Association from five (5) to six (6).
2. Motion and second to deny the ordinance amending Subsection 1122.300, Land Use
Definitions and Conditions.
3. Provide direction to staff and continue discussion at a future meeting.
ATTACHMENTS:
1. Ordinance
2. Location Map
3. Subsection 1122.300 Proposed Amendment
4. Stipulation of Settlement
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 123-___
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE
SUBECTION 1122.300, LAND USE DEFINITIONS AND CONDITIONS
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:
1. Controlled Access Lot, Subd. (B)(s), within Prior Lake City Code Subsection 1122.300, Land Use
Definitions and Conditions, is hereby amended to increase the number of slips permitted for the
Pixie Point Homeowners Association from five (5) to six (6).
2. City Code Section 104 entitled “General Penalty” is adopted in its entirety, by reference, as though
repeated verbatim herein.
3. This ordinance shall become effective upon its passage and publication.
Passed by the City Council of the City of Prior Lake this 5th day of June 2023.
ATTEST:
_________________________ __________________________
Jason Wedel, City Manager Kirt Briggs, Mayor
This Ordinance shall be published in the Prior Lake American on Saturday, June 17, 2023.
EXCERPT OF SECTION 1122
LAND USE DEFINITIONS AND CONDITIONS
SUBSECTIONS
1122.100: Land Uses
1122.200: Land Use Restrictions
1122.300: Land Use Definitions and Conditions
1122.300: LAND USE DEFINITIONS AND CONDITIONS: This subsection contains the
definitions and conditions for land uses as allowed by the land use table.
CONTROLLED ACCESS LOT
A. Definition: A riparian parcel of land used as a Mooring Facility for non-riparian lot owners
with access to public waters.
B. Zoning District and Conditions:
1. Conditional use in R-1 and R-2 on General Development Lake with the following
conditions:
a. Controlled Access Lots shall meet the following conditions as determined by the
Zoning Administrator:
i. The facility shall be compatible with the adjacent land and water uses.
ii. Adequate water depth is available for the proposed facility without churning
of bottom sediments.
iii. 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.
iv. The facility will not affect the quality of water and the ecology of the lake.
v. 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.
vi. Adequate sanitary and parking facilities will be provided in connection with
the facility.
b. Controlled Access Lots are allowed only on riparian lots on General Development
Lakes by Conditional Use Permit in the R-1 and R-2 Zoning Districts. Controlled
Access Lots shall comply with all applicable conditions listed in this subsection, 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.
c. The property shall be suitable for the intended use as a Mooring Facility.
d. The property shall 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 property.
e. The property shall meet, at a minimum, the width and area requirements for a
Single-Family residential riparian property.
f. The allowable number of Boat Slips for a Controlled Access Lot shall be based on
the conditions identified in (a) above; provided however, in no case shall the
number of Boat Slips exceed one (1) Boat Slip for every 40 feet of lot width.
Property width shall be the lesser of either the shoreline as measured at the
ordinary high water level or a straight line measured between where the two side
property lines intersect with the ordinary high water level (or the straight extension
of the side property lines if the side property lines do not intersect with the ordinary
high water level). 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 property width.
g. All restricted watercraft moored at the property 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, children and
grandchildren (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.
h. Rental of slips is prohibited.
i. Covenants shall 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 shall limit the total
number of watercraft allowed to be securely moored, docked, or stored over water,
and shall require centralization of all common facilities and activities in the most
suitable locations on the property to minimize topographic and vegetation
alteration. The covenants shall 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.
j. Functioning restroom facilities shall be accessible on the property for all users of
the property 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.
k. No dock, mooring facility or other structure shall be located so as to:
i. Obstruct the navigation of any lake;
ii. Obstruct reasonable use or access to any other dock, mooring facility or
other structure;
iii. Present a potential safety hazard; or
iv. Be detrimental to significant fish and wildlife habitat or protected
vegetation.
l. 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 Level. 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 property 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.
m. One (1) off-street parking space surfaced in asphalt and concrete shall be provided
for each four (4) Boat Slips for which the owners, lessees or users do not live within
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 Level
sufficient to capture and filter all run-off from the parking area.
n. 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.
o. No oscillating, rotating, flashing, moving or advertising signs shall be permitted on
any Controlled Access Lot, dock or mooring facility.
p. Access across wetlands is permitted only in accordance with the State and Federal
wetland regulations.
q. Controlled Access Lots shall meet the Residential Performance Standards of the
Zoning Code.
r. Garbage receptacles shall be made available on the property 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.
s. 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.
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