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HomeMy WebLinkAbout10B Marina Prohibition Interim Ordinance o � rRr ti � v �'�' 4646 Dakota Street SE Prior Lake, MN 55372 � CITY COUNCIL AGENDA REPORT MEETING DATE: NOVEMBER 11, 2013 AGENDA #: 10B PREPARED BY: DAN ROGNESS, COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR PRESENTED BY: DAN ROGNESS AGENDA ITEM: CONSIDER APPROVAL OF 1) AN INTERIM ORDINANCE TO PROHIBIT MA- RINA DEVELOPMENT, ZONING, SUBDIVSION AND BUILDING APPLICA- TIONS OR PERMITS; 2) A RESOLUTION AUTHORIZING A STUDY AND TASK FORCE; AND 3) A RESOLUTION APPROVING AN ORDINANCE SUMMARY AND PUBLICATION DISCUSSION: Introduction The purpose of this agenda item is to determine if the City Council desires to tem- porarily prohibit development, subdivision, zoning and building applications from being processed/approved for marinas as defined in the Prior Lake Zoning Ordi- nance within the City of Prior Lake until a study can be completed to evaluate pos- sible future zoning regulation amendments. Historv Pursuant to Minnesota Statutes, the City submitted and received Metropolitan Council approval for its 2030 Comprehensive Plan in 2006. In 2009, substantial amendments were approved to the Prior Lake Subdivision and Zoning Ordinance. Previously, all marinas on Prior Lake were permitted by the Minnesota Department of Natural Resources (DNR) based on the state's definition of "marina". However, that definition now excludes marinas that do not have ancillary commer- cial services, resulting in the City being the sole permitting authority for at least one of three existing marinas on Upper and Lower Prior Lake. That permitting au- thority applies to a Conditional Use Permit (CUP) for allowed marinas, only al- lowed within the Medium Density Residential (R-2) or General Business (C-3) Zon- ing Use Districts. Current Circumstances The Watersedge Marina recently applied for a CUP to expand the number of dock slips from 50 to 96 in a C-2 Zone. With no permitting authority being enforced by the DNR, the City used three sections from its CUP criteria, and conditions identi- fied specific to marinas in the applicable zoning district. Based in part on signifi- cant concerns voiced by the public during testimony at a public hearing, the City . should evaluate how it evaluates zoning permits for marinas. The approval pro- cess should clearly identify criteria that establishes the allowed number of dock slips based on multiple factors affecting the environment, navigation, safety and quality of life, at a minimum. Conclusion The City Council may determine that the City's land use regulations, including subdi- vision and zoning regulations do not adequately address the development or expan- sion of property for marinas, as defined in the Zoning Ordinance due to factors in- cluding, but not limited to: • Changes in the regulation of marinas were made by the Minnesota Depart- ment of Natural Resources (DNR) that exclude its permitting of marinas without ancillary commercial services. • Conditions in the City's Zoning Ordinance may be minimal or limited when determining an appropriate number of marina dock slips. • Conditions in the City's Zoning Ordinance may not adequately review all impacts resulting from marinas related to safety, the environment, and quality of life. • Parking standards related to marinas may not adequately address peak parking demands. • The City must evaluate impacts of boating on its key natural lake resource, directly related to the number of dock slips permitted by the City or State. In order to support commercial marina activity on Upper and Lower Prior and Spring Lakes, and yet protect the lakes and those with homes and businesses on the lakes, the City Council should consider ordering a study and form a task force to evaluate this use in the City's Zoning Ordinance. The City Council should consider conducting further study to determine what amend- ments to the City Code may be required to deal effectively with such development and boat use. This study will focus on the most appropriate conditions required for approval of a marina, including but not limited to definition, locations, size and use of Marinas, balancing the demand for boating with the protection of lakes, lake shore property and lake residents and users. This study will include the appointment of a task force to include members representing the following: 1. Planning Commission 2. Lakes Advisory Committee 3. Safety Advisory Committee 4. Economic Development Advisory Committee 5. Prior Lake Spring Lake Watershed District 6. Department of Natural Resources 7. Scott County Sheriff and/or Prior Lake Police Department 8. Businesses and/or the general public The size of the task force should not exceed nine members, if possible. ISSUES: Minnesota Statutes Section 462.355, subd. 4 allows the City to adopt an interim ordinance which, "may regulate, restrict or prohibit any use development, or subdi- vision within the jurisdiction or portion thereof for a period not to exceed one year from the date it is effective." Interim ordinances may be extended for up to 18 months subject to certain procedural steps. The attached ordinance prohibits any development, subdivision, zoning or building applications related to marinas within the City of Prior Lake. The rationale for this restriction is to allow sufficient time to study the most appropriate method to define and regulate marinas. Also enclosed is a resolution authorizing summary publica- tion of the interim ordinance for city council consideration. FINANCIAL The cost of the study is estimated to include time related to staff support and other IMPACT: persons volunteering to be on the task force. Other minimal costs will include mailing, publication and copying. ALTERNATIVES: 1. Motion and second to adopt the interim ordinance prohibiting development, subdivision, zoning and building applications or permits for marinas in the City of Prior Lake. 2. Motion and second to adopt a resolution authorizing a study. 3. Motion and second to adopt a resolution approving the summary of the interim ordinance notice and ordering publication. 4. Take no action and provide the staff with direction. RECOMMENDED Alternatives 1, 2 and 3. MOTION: O � PRI�� ti � V �'�' 4646 Dakota Street SE Prior Lake, MN 55372 ` � j NNES�� P CITY OF PRIOR LAKE ORDINANCE NO. 113-XX AN INTERIM ORDINANCE OF THE CITY OF PRIOR LAKE, MINNESOTA, TEMPORARILY PROHIBITING DEVELOPMENT, ZONING, SUBDIVISION AND BUILDING APPLICATIONS OR PERMITS FOR MARINAS WITHIN THE CITY OF PRIOR LAKE; ADOPTING ENFORCEMENT PROVISIONS; 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, hereby ordains: Section 1. Purpose. The City of Prior Lake ("City") has adopted a Comprehensive Plan which guides long term property uses throughout the City. The City's Zoning Ordinance, Subsections 1102.503(5) and 1102.1103(10) allow Marinas in the Medium Density Residential (R-2) and General Business (C-2) zoning use districts by Conditional Use Permit (CUP). The City of Prior Lake also regulates zoning of property within the City in order to: (1) Protect the residential, business, industrial and public areas of the community and maintain their stability. (2) Promote the most appropriate and orderly development of the residential, business, industrial, public land and public areas. (3) Provide adequate light, air and convenient access to property. (4) Limit congestion in the public rights-of-way. (5) Prevent over-crowding of land and undue concentration of structures and population by regulating the use of land and buildings and the bulk of buildings in relation to the land surrounding them. (6) Provide for compatibility of different land uses by segregating, controlling and regulating unavoidable nuisance producing uses. (7) Require that development proceed according to the goals and policies established in the City's Comprehensive Plan. (8) Maintain a tax base necessary to promote the economic welfare of the City by insuring optimum values for property in the City. (9) Enhance the aesthetic character and appearance of the City. (10) Conserve natural resources and environmental assets of the community. (11) Provide adequate off-street parking and loading facilities. (12) Provide effective administration of this Ordinance and any future amendments to this Ordinance and prescribe penalties for the violation of its requirements. (13) Establish a continuing system of review of this Ordinance to insure it will be amended to meet changing needs of the community and advances in science and technology. Section 2. Findings. The City Council finds that the City's current land use regulations do not adequately address the development of property for marinas, as defined in the Zoning Ordinance due to factors including, but not limited to: • Changes in the regulation of marinas were made by the Minnesota Department of Natural Resources (DNR) that exclude it's permitting of marinas without ancillary commercial services. • Conditions in the City's Zoning Ordinance may be minimal or limited when determining an appropriate number of marina dock slips. • Conditions in the City's Zoning Ordinance may not adequately review all impacts resulting from marinas related to safety, the environment, and quality of life. • Parking standards related to marinas may not adequately address peak parking demands. • The City must evaluate impacts of boating on its key natural resource, its lakes, directly related to the number of dock slips permitted by the City or State. The City Council finds that the City must conduct further study to determine what amendments to the land use regulations in the City Code may be required to deal effectively with such development and boat use. This study will focus on the most appropriate conditions required for approval of a marina, including but not limited to definition, locations, size and use of Marinas, balancing the demand for boating with the protection of lakes, lake shore property and lake residents and users. Upon completion of the study and a recommendation from the task force, potential ordinance amendments would be reviewed by the Planning Commission and City Council. The City Council has concluded that the public health, safety and welfare and sound planning require that a moratorium be imposed on the approval of any permits for the development or expansion of marinas within the City of Prior Lake during the pendency of the study and the various public hearings preceding possible adoption amendments to the subdivis.ion and zoning regulations. Section 3. Authorization. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to adopt interim ordinances to regulate, restrict, or prohibit any use or development in all or part of the City, for a period of one year (subject to exceptions as stated in Section 462.355), while the City is conducting studies, or has authorized a study to be conducted, or has scheduled a hearing to consider adoption or amendment of official controls, including ordinances, regulating physical development of the City. Section 4. Study. Pursuant to this Interim Ordinance and as authorized by separate Resolution, the City determines to conduct a study to determine what amendments to the City Code will be required to deal effectively with the development and expansion of marinas in the City of Prior Lake. This study will include the appointment of a task force to review marinas in the existing City Code, research of ordinances and land use in other jurisdictions, review of relevant studies and a legal analysis of applicable case law, and will develop recommendations as to appropriate and ordinance amendments, if any, that are required in the interest of the public safety and welfare. Section 5. Interim Ordinance. Pending the completion of the above-referenced Study, and the adoption of appropriate official controls, for a period of six months (subject to 2 exceptions as stated in Section 462.355) after the Effective Date of this Ordinance, there shall be no application or permit related to development, subdivision, zoning or building for Marinas in the City of Prior Lake as of the Effective Date of this Ordinance. The City shall issue no building permits, subdivision approvals or zoning approvals, for marinas, for said time period as above noted, unless such was granted or approved prior to the Effective Date of this Ordinance. Section 6. Exceptions. This moratorium shall not apply to any permits or approvals that were approved or granted by City staff or the City Council prior to the Effective Date of this Ordinance. Further this moratorium shall not apply to improvements necessary to correct violations of state law or city ordinances Section 7. Enforcement. The City may enforce this Ordinance by mandamus, injunction or any other appropriate civil remedy. Section 8. Violation. 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. Section 9. Effective Date. This Ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 12th Day of November, 2013. ATTEST: Frank Boyles, City Manager Kenneth L. Hedberg, Mayor Published in the Prior Lake American on the 23�d day of November, 2013. 3 o � pxro� ti � v �, 4646 Dakota Street SE '�rrnv�so��' Prior Lake, MN 55372 RESOLUTION 13-xxx A RESOLUTION AUTHORIZING A STUDY TO DETERMINE WHAT AMENDMENTS TO THE CITY CODE MAY BE REQUIRED TO PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE AND TO PROVIDE FOR SOUND PLANNING WITH RESPECT TO MARINA DEVELOPMENT AND EXPANSION WITHIN THE CITY OF PRIOR LAKE Motion By: Second By: WHEREAS, the City of Prior Lake has adopted a Comprehensive Plan which guides long term property uses throughout the City. WHEREAS, the City of Prior Lake has adopted a Zoning Code and Subdivision Code in order to: (1) Protect the residential, business, industrial and public areas of the community and maintain their stability. (2) Promote the most appropriate and orderly development of the residential, business, industrial, public land and public areas. (3) Provide adequate light, air and convenient access to property. (4) Limit congestion in the public rights-of-way. (5) Prevent overcrowding of land and undue concentration of structures and population by regulating the use of land and buildings and the bulk of buildings in relation to the land surrounding them. (6) Provide for compatibility of different land uses by segregating, controlling and regulating unavoidable nuisance producing uses. (7) Require that development proceed according to the goals and policies established in the City's Comprehensive Plan. (8) Maintain a tax base necessary to promote the economic welfare of the City by insuring optimum values for property in the City. (9) Enhance the aesthetic character and appearance of the City. (10) Conserve natural resources and environmental assets of the community. (11) Provide adequate off-street parking and loading facilities. (12) Provide effective administration of this Ordinance and any future amendments to this Ordinance and prescribe penalties for the violation of its requirements. (13) Establish a continuing system of review of this Ordinance to insure it will be amended to meet changing needs of the community and advances in science and technology. WHEREAS, the City Council concludes that the public health, safety, and welfare and sound planning may be effected by the development or expansion of marinas in the City of Prior Lake; WHEREAS, the City Council finds that the City's land use regulations, including subdivision and zoning regulations do not adequately address the development or expansion of marinas, as defined in the Zoning Ordinance due to factors including, but not limited to: • Changes in the regulation of marinas were made by the Minnesota Department of Natural Resources (DNR) that exclude it's permitting of marinas without ancillary commercial services. • Conditions in the City's Zoning Ordinance may be minimal or limited when determining an appropriate number of marina dock slips. • Conditions in the City's Zoning Ordinance may not adequately review all impacts resulting from marinas related to safety, the environment, and quality of life. • Parking standards related to marinas may not adequately address peak parking demands. • The City must evaluate impacts of boating on its key natural resource, its lakes, directly related to the number of dock slips permitted by the City or State. WHEREAS, The City Council finds that the City must conduct further study to determine what amendments to the City Code may be required to deal effectively with such development and boat use. This study will include but not be limited to determining the most appropriate definition and use of Marinas in the City's Zoning Ordinance, balancing the demand for boating with the protection of lakes and lake residents. This study will include the appointment of a task force to include members representing the following: 1. Planning Commission 2. Lakes Advisory Committee 3. Safety Advisory Committee 4. Economic Development Advisory Committee 5. Prior Lake Spring Lake Watershed District 6. Department of Natural Resources 7. Scott County Sheriff and/or Prior Lake Police Department 8. Businesses and/or the general public WHEREAS, the City Council has concluded that the public health, safety and welfare and sound planning require that a moratorium be imposed on the approval of any land use development including subdivision of property, zoning approvals or building permit approvals during the pendency of the study and the various public hearings preceding possible adoption amendments to the zoning regulations. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: The City Council hereby authorizes a study to be conducted and a task force to be appointed to determine what amendments to the City Code will be required to deal effectively with the development and expansion of marinas in the City of Prior Lake. The study shall include analysis of marinas related to its definition, corresponding criteria and conditions to protect public health, safety and welfare, a sound planning framework, research of ordinances and land use in other jurisdictions, and review of relevant studies and a legal analysis of applicable case law. Upon completion of the study, potential ordinance amendments shall be reviewed by the Planning Commission and City Council. PASSED AND ADOPTED THIS 12th DAY OF NOVEMBER, 2013. YES NO Hedber Hedber Keene Keene Souku Souku Morton Morton McGuire McGuire Frank Boyles, City Manager 2 O � PRlp� ti � 4646 Dakota Street S E '�'I�so��' Prior Lake, MN 55372 RESOLUTION 13-xxx A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO 113- AND ORDERING THE PUBLICATION OF SAID SUMMARY Motion By: Second By: WHEREAS, Ordinance No. 113- was adopted and ordered published at a regular meeting of the City Council of the City of Prior Lake held on the 12th day of November, 2013. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. Ordinance No 113- is lengthy. 2. The text of the summary of Ordinance No. 113- , attached hereto as Exhibit A, conforms to Minn. Stat. Section 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. 3. The title and summary shall be published once in the Prior Lake American in a body type no smaller than brevier or eight-point type. 4. A printed copy fo the Ordinance shall be made available for inspection by any person duing regular office hours at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. 5. Ordinance No. 113- shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication. PASSED AND ADOPTED THIS 12th DAY OF NOVEMBER, 2013. YES NO Hedber Hedber Keene Keene Souku Souku Morton Morton McGuire McGuire Frank Boyles, City Manager EXHIBIT A SUMMARY OF ORDINANCE No. 113- AN INTERIM ORDINANCE OF THE CITY OF PRIOR LAKE, MINNESOTA, TEMPORARILY PROHIBITING DEVELOPMENT, ZONING, SUBDIVISION AND BUILDING APPLICATIONS OR PERMITS FOR MARINAS WITHIN THE CITY OF PRIOR LAKE; ADOPTING ENFORCEMENT PROVISIONS; 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, HEREBY ORDAINS: Summarv: Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to adopt interim ordinances to regulate, restrict, or prohibit any use or development in all or part of the City, for a period of one year (subject to exceptions as stated in Section 462.355), while the City is conducting studies. This ordinance ordains that as of the Effective Date of this Ordinance and for a period of six months from the Effective Date of this Interim Ordinance there shall be no development or expansion of marinas in the City of Prior Lake as of the Effective Date of this Ordinance. The City shall issue no building permits, or zoning or subdivision approvals, for any such use of property, for said time period as above noted, unless such was granted prior to the Effective Date of this Ordinance. Effective Date: This Ordinance shall take effect upon publication. Passed by the City Council of the City of Prior Lake this 12T" Day of November, 2013. ATTEST: Frank Boyles, City Manager Kenneth Hedberg, Mayor Published in the Prior Lake American on the 23�d day of November, 2013. 2