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HomeMy WebLinkAbout115-23 Controlled Access Lot Ord Amend Ord (1 slip per 18 75' all) 09 28 2015 (2) 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 115-23 AN ORDINANCE AMENDING SUBSECTIONS 1102.403, 1102.503 AND 1104.307 OF THE PRIOR LAKE CITY CODE RELATED TO CONTROLLED ACCESS LOTS ON GENERAL DEVELOPMENT LAKES AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS: 1. City Code Subsection 1102.403 (7) is hereby added: Controlled Access Lot on General Development Lake. Conditions (7) a. The lot must be suitable for the intended use as a Mooring Facility. b. The lot must 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 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 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. 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. 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 placement of docks. i. 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. 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. No oscillating, rotating, flashing, moving or advertising signs shall be permitted on any Controlled Access Lot, dock or mooring facility. l. Access across wetlands is permitted only in accordance with the State and Federal wetland regulations. m. Controlled Access Lots shall meet the Residential Performance Standards of Subsection 1102.700. n. 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. Page 2 of 6 Parcel ID # of Slips Permit #Association NameWater Body Number (PIN)Permitted 88-6322Windsong on the Lake 252360310Lower Prior Lake 26 89-6013Harbor Community Association 252030070Lower Prior Lake 60 89-6021Oakland Beach Homeowners Association 251700010Lower Prior Lake 39 89-6022Island View 1st Add. Association 251430700Upper Prior Lake 36 89-6002Island View 5th Add. Association252520320Upper Prior Lake 20 89-6035Mitchell Pond Association 251110260Lower Prior Lake 23 89-6272Fish Point Beach Homeowners Association 259360520Lower Prior Lake 9 89-6290Pixie Point Homeowners Association 252450051Lower Prior Lake 5 89-6378Lakeside Manor Association 250550260Lower Prior Lake 53 89-6456Willow Beach Association 251080020Upper Prior Lake 46 89-6458Boudin's Manor Association 251530010Lower Prior Lake 32 City PermitSpring Lake Estates Association254400850Spring Lake54 City PUDCrystal Bay Association254170250Upper Prior Lake 21 2. City Code Subsection 1102.503 (5) is hereby deleted in its entirety and replaced with the following: Marina, Commercial. Conditions: (5) 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 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. Page 3 of 6 3. City Code Subsection 1102.503 (6) is hereby added: Marina, Recreational. Conditions: (6) 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 1104.307(3) and (5). 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. 4. City Code Subsection 1102.503 (9) is hereby added: (9) Controlled Access Lot on General Development Lake. Conditions a. The lot must be suitable for the intended use as a Mooring Facility. b. The lot must 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 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 Page 4 of 6 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 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. 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. 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 placement of docks. i. 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. 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. No oscillating, rotating, flashing, moving or advertising signs shall be permitted on any Controlled Access Lot, dock or mooring facility. l. Access across wetlands is permitted only in accordance with the State and Federal wetland regulations. m. Controlled Access Lots shall meet the Residential Performance Standards of Subsection 1102.700. n. 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 Page 5 of 6 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. Parcel ID # of Slips Permit #Association NameWater Body Number (PIN)Permitted 88-6322Windsong on the Lake 252360310Lower Prior Lake 26 89-6013Harbor Community Association 252030070Lower Prior Lake 60 89-6021Oakland Beach Homeowners Association 251700010Lower Prior Lake 39 89-6022Island View 1st Add. Association 251430700Upper Prior Lake 36 89-6002Island View 5th Add. Association252520320Upper Prior Lake 20 89-6035Mitchell Pond Association 251110260Lower Prior Lake 23 89-6272Fish Point Beach Homeowners Association 259360520Lower Prior Lake 9 89-6290Pixie Point Homeowners Association 252450051Lower Prior Lake 5 89-6378Lakeside Manor Association 250550260Lower Prior Lake 53 89-6456Willow Beach Association 251080020Upper Prior Lake 46 89-6458Boudin's Manor Association 251530010Lower Prior Lake 32 City PermitSpring Lake Estates Association254400850Spring Lake54 City PUDCrystal Bay Association254170250Upper Prior Lake 21 5. City Code Subsection 1104.307 (4) is hereby deleted in its entirety and replaced with the following: (4) Controlled Access Lots are permitted only on General Development Lakes by Conditional Use Permit. Controlled Access Lots shall comply with the conditions listed in Section 1102 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. 6. Penalty. City Code Section 103 entitled “Definitions” and Section 104 entitled “General Penalty” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 28 day of September, 2015. th ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kenneth L. Hedberg, Mayor A Summary of this Ordinance was published in the Prior Lake American on the 10 day of October, 2015. th Page 6 of 6