02-18-2020 Planning Commission Packet

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FILE#LA19-103 February 18,2020 Page 2 of 3 swimming, bathing, fishing, docking or mooring boats, or for any other purpose. Joint use includes the following activities: (1) More than two adjacent riparian landowners sharing in the use of a single dock. (2) An association of riparian and/or nonriparian landowners within a subdivision adjacent to the lake sharing a dock or dock system providing permanent boat slips for the members. (3) In the RS zoning district only, a not-for-profit organization or association providing transient boat slips for stakeholders or a property used for day use recreation or overnight camping purposes." Joint uses currently require a license, issued by the City Council. Annually, the City issues 11 licenses a year, though no new joint use docks have been issued since 2005. In the last 5 years,the city has not received any complaints about joint use docks. The issuing of licenses is a fairly intensive process for both the applicant and the city with marginal benefit. Staff recommends the licensing requirement be stricken. It should be noted that removal of the license requirement, coupled with the removal of the initial permitting requirement for docks, removes city oversight from joint use dock facilities. The LMCD does require a license for placement of 5 or more boats, or sharing shoreline. The Planning Commission should provide feedback on whether a permit should be required for the initial placement of a joint use dock. Staff's proposed ordinance requires a permit for the initial placement of a joint use facility. Marina Licensing The rental of in-water boat slips, sales, and service of boats and boating equipment are among the listed permitted uses in the B-2 zoning district, and are commonly associated with a marina. Section 78-663 requires marinas obtain a business license. Section 94-74 outlines the operation standards for marinas, as part of the license criteria. Most of these standards echo standards already contained within the B-2 zoning district standards. The last time the Council issued marina licenses was in 2005. If the Council is comfortable that the standards in the B-2 zoning district are adequate, they should strike the licensing requirement. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission concur with the recommendation that a joint use facility obtain a permit? 2. Are there any other issues or concerns with this application?