HomeMy WebLinkAbout09(B) - Resolution Determining a Commercial Marina Expansion Does Not Meet the Threshold for Environmental Review per Minn. Rule 4410.4300, Subp. 25 Report
ITEM: 9B
CITY COUNCIL AGENDA REPORT
MEETING DATE: June 23, 2026
PREPARED BY: Casey McCabe, Community Development Director
PRESENTED BY: Casey McCabe
AGENDA ITEM: Resolution Determining a Commercial Marina Expansion Does Not
Meet the Threshold for Environmental Review per Minn. Rule
4410.4300, Subp. 25
RECOMMENDED ACTION:
Approval of a resolution determining a commercial marina expansion at 3950 Green Heights Trail
does not meet the threshold for environmental review per Minn. Rule 4410.4300, Subp. 25.
BACKGROUND:
The Minnesota Department of Natural Resources (DNR) issued a Transferred-Amended Public
Waters Work Permit #1988-6299 to JKL Docks, LLC \[Captain Jack’s\] on April 5, 2007 related to
a commercial marina on Upper Prior Lake at 3950 Green Heights Trail SW (PID 251020221). This
permit was amended on April 10, 2008 to allow for a 20-foot dock extension. There is a
discrepancy on the 2008 amended permit as the letter provided by the DNR identifies a previously
approved City of Prior Lake Conditional Use Permit and previous DNR permits allowing for a total
of 81 boat slips; however, Attachment A of the amended permit identifies a dock configuration
which provides mooring spaces for approximately 98 watercraft.
On April 10, 2015, Lakers Holdings LLC dba Charlie’s on Prior purchased the subject property
and assumed the DNR dock permit. In the spring of 2018, Charlie’s on Prior installed a commercial
marina occupying approximately 44,129 square feet of surface area for the mooring of
approximately 76 watercraft and the dock remained in a similar configuration for several years.
In September 2023, Lakers Holdings LLC purchased an adjacent parcel to the east of the subject
property (Lot 19, Green Heights First Addition) which had historically been utilized as a private
docking facility for five to six watercraft. The adjacent parcel was combined with the subject
property in December 2024 via quit claim deed; this action extended the shoreline of the Charlie’s
on Prior property by approximately 70.85 feet.
In the spring of 2024, Charlie’s on Prior installed a commercial marina occupying approximately
55,742 square feet of surface area for the mooring of approximately 97 watercraft. The dock was
adjusted in the spring of 2025 and occupied approximately 63,829 square feet of surface area for
the mooring of approximately 97 watercraft.
Current Circumstances
Earlier this year, Charlie’s on Prior applied to the DNR for an amendment to the previously
approved dock permit to account for the additional shoreland added with the combination of the
adjacent parcel, to resolve the discrepancy between the identified number of boat slips and the
dock configuration exhibit on the amended permit, and to clarify the dock dimensions,
configuration and number of approved boat slips.
City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372
Item 9B
Page | 2
Minnesota Administrative Rules 4410.4300, Mandatory EAW Categories, identifies projects that
require an environmental assessment worksheet (EAW) based on meeting or exceeding a
specific threshold. This rule includes Subp. 25, Marinas, which states, for construction or
expansion of a marina or harbor that results in a 20,000 or more square foot total or a 20,000 or
more square foot increase of water surface area used temporarily or permanently for docks,
docking, or maneuvering of watercraft, the local governmental unit is the RGU \[responsible
government unit\].
Minnesota Administrative Rules 4410.4300, Mandatory EAW Categories, Subp. 1. B. includes a
three-year lookback rule and states, if the proposed project is an expansion or additional stage of
an existing project, the cumulative total of the proposed project and any existing stages or
components of the existing project must be included when determining if a threshold is met or
exceeded if construction was begun within three years before the date of application for a permit
or approval from a governmental unit for the expansion or additional stage but after April 21, 1997,
except that any existing stage or component that was reviewed under a previously completed
EAW or EIS need not be included.
The DNR has indicated to city staff that they will not issue an amended dock permit for Charlie’s
on Prior until the City of Prior Lake, as the RGU, makes an official environmental review
determination based on Minnesota Rules 4410.4300, Subp. 25.
Conclusion
City staff has discussed this with the City’s EAW consultant at WSB. Neither city staff nor WSB
staff feel this project should require an EAW based on the information below.
Based upon a review of available aerial photographs, this project does not meet the
requirements for a mandatory EAW under Minnesota Administrative Rules, 4410.4300,
Subp. 25, Marinas, as the marina expansion from 2018 (44,129 square feet of surface
area) to 2025 (63,829 square feet of surface area) represents a total increase of 19,700
square feet of surface area, which is less than the 20,000 square feet needed for a
mandatory EAW.
The Three-Year Lookback Rule identified in Minnesota Administrative Rules 4410.4300,
Mandatory EAW Categories, Subp. 1. B. exempts this marina expansion from a mandatory
EAW as the marina expansion has been in place for more than three years.
The acquisition of the adjacent parcel that had historically been utilized as a private
docking facility for five to six watercraft and incorporation of the previous docking facility
into the subject property’s commercial marina, along with Charlie’s on Prior private
investment in shoreline restoration on the subject property, has improved the
environmental conditions along the shoreline of Upper Prior Lake.
City staff is recommending the City Council, as the RGU, approves the attached resolution
determining the commercial marina expansion at the subject property does not meet the threshold
for environmental review per Minn. Rule 4410.4300, Subp. 25 and the City of Prior Lake will not
order an environmental review/EAW.
FINANCIAL IMPACT:
No financial impact.
ALTERNATIVES:
1. Motion and second to approve a resolution determining a commercial marina expansion
does not meet the threshold for environmental review per Minn. Rule 4410.4300, Subp.
25.
Item 9B
Page | 3
2. Motion and second to deny the resolution determining a commercial marina expansion
does not meet the threshold for environmental review per Minn. Rule 4410.4300, Subp.
25 and order an EAW be completed.
3. Provide direction to staff and continue discussion at a future meeting.
ATTACHMENTS:
1. Resolution
2. 2007 DNR Transferred – Amended Public Waters Works Permit
3. 2008 DNR Amended Permit
4. Aerial Photos
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 26-___
A RESOLUTION DETERMINING A COMMERCIAL MARINA EXPANSION
DOES NOT MEET THE THRESHOLD FOR ENVIRONMENTAL REVIEW
PER MINN. RULE 4410.4300, SUBP. 25
Motion By: Second By:
WHEREAS, the Minnesota Department of Natural Resources (“DNR”) issued a Transferred-
Amended Public Waters Work Permit #1988-6299 to JKL Docks, LLC (Captain Jack’s)
on April 5, 2007 related to a commercial marina on Upper Prior Lake at 3950 Green
Heights Trail SW, Prior Lake, Minnesota 55372 (PID 251020221) (“Subject Property”);
and
WHEREAS, the DNR approved an amendment to Permit #1988-6299 on April 10, 2008 related to a
20-foot dock extension (“Amended Permit”); and
WHEREAS, there is a discrepancy on the Amended Permit as the letter provided by the DNR
identifies a previously approved City of Prior Lake Conditional Use Permit and previous
DNR permits allowing for a total of 81 boat slips; however, Attachment A of the
Amended Permit identifies a dock configuration which provides mooring spaces for
approximately 98 watercraft; and
WHEREAS, on April 10, 2015, Lakers Holdings LLC dba Charlie’s on Prior (hereinafter “Charlie’s
on Prior) purchased the Subject Property; and
WHEREAS, in the spring of 2018, Charlie’s on Prior installed a commercial marina occupying
approximately 44,129 square feet of surface area for the mooring of approximately 76
watercraft; and
WHEREAS, in the spring of 2020, Charlie’s on Prior installed a commercial marina occupying
approximately 45,040 square feet of surface area for the mooring of approximately 76
watercraft; and
WHEREAS, on September 29, 2023, Lakers Holdings LLC purchased an adjacent parcel to the east
of the Subject Property legally described as Lot 19, Green Heights First Addition
(”Adjacent Parcel”); and
WHEREAS, prior to the Adjacent Parcel being acquired by Charlie’s on Prior, the Adjacent Parcel
had historically been utilized as a private docking facility for five to six watercraft; and
WHEREAS, on December 16, 2024, Charlie’s on Prior recorded a Quit Claim Deed (Doc. No.
T286558) to combine the Adjacent Parcel with the Subject Property to extend the
shoreline length by approximately 70.85 feet; and
WHEREAS, in the spring of 2024, Charlie’s on Prior installed a commercial marina occupying
approximately 55,742 square feet of surface area for the mooring of approximately 97
watercraft; and
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WHEREAS, In the spring of 2025, Charlie’s on Prior installed a commercial marina occupying
approximately 63,829 square feet of surface area for the mooring of approximately 97
watercraft; and
WHEREAS, in 2026, Charlie’s on Prior applied to the DNR for an amendment to the previously
approved Amended Permit to account for the additional shoreland added with the
combination of the Adjacent Parcel to the Subject Property, to resolve the discrepancy
between the identified number of boat slips and the dock configuration exhibit on the
Amended Permit, and to clarify the dock dimensions, configuration and number of
approved boat slips; and
WHEREAS, Minnesota Administrative Rules 4410.4300, Mandatory EAW Categories, identifies
projects that require an environmental assessment worksheet (“EAW”) based on
meeting or exceeding a specific threshold; and
WHEREAS, Minnesota Administrative Rules, 4410.4300, Subp. 25, Marinas, states, for construction
or expansion of a marina or harbor that results in a 20,000 or more square foot total or
a 20,000 or more square foot increase of water surface area used temporarily or
permanently for docks, docking, or maneuvering of watercraft, the local governmental
unit is the RGU \[responsible government unit\]; and
WHEREAS, Minnesota Administrative Rules 4410.4300, Mandatory EAW Categories, Subp. 1. B.
states, if the proposed project is an expansion or additional stage of an existing project,
the cumulative total of the proposed project and any existing stages or components of
the existing project must be included when determining if a threshold is met or
exceeded if construction was begun within three years before the date of application
for a permit or approval from a governmental unit for the expansion or additional stage
but after April 21, 1997, except that any existing stage or component that was reviewed
under a previously completed EAW or EIS need not be included (“Three-Year Lookback
Rule”); and
WHEREAS, the DNR will not issue an amended dock permit for Charlie’s on Prior until the City of
Prior Lake, as the RGU, makes an official environmental review determination based
on Minnesota Rules 4410.4300, Subp. 25.
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. Based upon a review of available aerial photographs, the Prior Lake City Council determines this
project does not meet the requirements for a mandatory EAW under Minnesota Administrative
Rules, 4410.4300, Subp. 25, Marinas, as the marina expansion from 2018 (44,129 square feet of
surface area) to 2025 (63,829 square feet of surface area) represents a total increase of 19,700
square feet of surface area, which is less than the 20,000 square feet needed for a mandatory EAW.
3. The Three-Year Lookback Rule identified in Minnesota Administrative Rules 4410.4300, Mandatory
EAW Categories, Subp. 1. B. exempts this marina expansion from a mandatory EAW as the marina
expansion has been in place for more than three years.
4. The acquisition of the Adjacent Parcel that had historically been utilized as a private docking facility
for five to six watercraft and incorporation of the previous docking facility into the Subject Property
commercial marina, along with the Charlie’s on Prior’s private investment in shoreline restoration
on the Subject Property, has improved the environmental conditions along the shoreline of Upper
Prior Lake.
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5. As the RGU, the Prior Lake City Council determines the commercial marina expansion at the
Subject Property does not meet the threshold for environmental review per Minn. Rule 4410.4300,
Subp. 25. The City of Prior Lake will not order an Environmental Assessment Worksheet or
additional environmental review to be completed for the commercial marina at the Subject Property.
6. The DNR may issue the amended dock permit for Charlie’s on Prior.
rd
Passed and adopted by the Prior Lake City Council this 23 day of June 2026.
VOTE Briggs Braid Churchill Lake Hellier
Aye
☐ ☐ ☐ ☐ ☐
Nay
☐ ☐ ☐ ☐ ☐
Abstain
☐ ☐ ☐ ☐ ☐
Absent
☐ ☐ ☐ ☐ ☐
______________________________
Jason Wedel, City Manager
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