HomeMy WebLinkAbout93-12 Agricultural Preserve
"OD9312"
CITY OF PRIOR LAKE
ORDINANCE NO. 93-12
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE AND PRIOR LAKE ZONING
ORDINANCE NO. 83-6.
The Council of the City of Prior Lake does hereby ordain:
section 5-1-7 Definitions; 5-3-1 Permitted Uses; 5-4-1(N) General
Requirements, of the Prior Lake city Code is hereby amended as
follows:
5-1-7 Definitions:
AGRICULTURAL PRESERVE: Land area created and restricted
according to Minnesota statutes Chapter 473H.05 to
remain in agricultural use. Agricultural use means the
production for sale of livestock, dairy animals, dairy
products, poultry or poultry products, fur bearing
animals, horticultural or nursery stock, fruit,
vegetables, forage, grains, or bees and apiary products.
Wetlands, pasture and woodlands accompanying land in
agricultural use shall be deemed to be in agricultural
use.
5-3-1 Permitted Uses:
PERMITTED USE - A-I, AGRICULTURAL: 12. Agricultural Preserve.
PERMITTED USE - C-1, CONSERVATION: 13. Agricultural Preserve.
5-4-1(N):
AGRICULTURAL PRESERVES: Upon certification by the City Council
that certain lands in the City are planned for long term
agricultural use in the Comprehensive Plan, and zoned
A-1 Agricultural and/or C-1 Conservation on the Zoning
Map, owners of said lands may make application for
agricultural preserve status requiring a maximum
residential density at one unit per quarter/quarter
section (average of one dwelling per 40 acres).
Application may be initiated on a form provided by the
City.
A.
Minimum Acreage: The minimum acreage is
but smaller parcels will be considered
following conditions:
l. Noncontiguous parcels at least ten (10) acres in size
and aggregating forty (40) or more acres may be eligible
if they are farmed together as a unit.
forty (40) acres,
eligible under the
section 8.1 Definitions; 3.1 Permitted Uses; 4.3 Agricultural
Preserves, of Prior Lake Zoning Ordinance 83-6 is hereby amended
as follows:
8.1 DEFINITIONS:
AGRICULTURAL PRESERVE: Land area created and restricted
according to Minnesota Statutes Chapter 473H.05 to
remain in agricultural use. Agricultural use means the
production for sale of livestock, dairy animals, dairy
products, poultry or poultry products, fur bearing
animals, horticultural or nursery stock, fruit,
vegetables, forage, grains, or bees and apiary products.
Wetlands, pasture and woodlands accompanying land in
agricultural use shall be deemed to be in agricultural
use.
3.1 PERMITTED USES:
A-I, AGRICULTURAL: 12. Agricultural Preserve.
C-1, CONSERVATION: 13. Agricultural Preserve.
4.3 AGRICULTURAL PRESERVES:
AGRICULTURAL PRESERVES: Upon certification by the City Council
that certain lands in the City are planned for long term
agricultural use in the Comprehensive Plan, and zoned
A-1 Agricultural and/or C-1 Conservation on the Zoning
Map, owners of said lands may make application for
agricultural preserve status requiring a maximum
residential density at one unit per quarter/quarter
section (average of one dwelling per 40 acres).
Application may be initiated on a form provided by the
City.
A. Minimum Acreage: The minimum acreage is forty (40) acres,
but smaller parcels will be considered eligible under the
following conditions:
1. Noncontiguous parcels at least ten (10) acres in size
and aggregating forty (40) or more acres may be eligible
if they are farmed together as a unit.
2. The minimum acreage requirement may be reduced to
thirty-five (35) acres if the land is located within a
single quarter/quarter section and the amount less than
forty (40) acres is due to a public right-Of-way or a
disturbance in the rectangular survey system leaving a
quarter/quarter of less than forty (40) acres.
3. The minimum acreage can be reduced to twenty (20) acres
if it is adjacent to eligible land on not less than two
(2) sides and the following conditions are met:
a)
The land area predominantly comprises Class I,
III, or irri9ated Class IV land according to
Land Capabillty Classification Systems of the
Conservation Service and the Scott County
Survey; and
II,
the
Soil
Soil
b) The city Council considers the land to be an
essential part of the agricultural region; and
c) The parcel was a parcel of record prior to January
1, 1980; or the land was an agricultural preserve
prior to becoming a separate parcel of at least
twenty (20) acres.
4. Contiguous municipally-certified land meeting the total
acreage requirements, but located in an adjoining
municipality as well as in Prior Lake so that the
minimum acreage requirement is not met in one or more
jurisdictions, is eligible through joint resolution of
the affected local governments.
B. Duration: An agricultural preserve continues indefinitely
until either the owner or the city initiates expiration,
after which the duration is eight (8) years. A land owner
may initiate expiration by notifyin9 the City on a form
provided. The City may initiate exp1ration by changing the
planning and zoning so that the land is no longer planned for
long-term agricultural use or is rezoned to another use.
(Ord. 84-02)
C. Where there are two or more contiguous quarter/quarter
sections under single ownership, the owner may, by
Conditional Use Permit, cluster the permitted number of
dwelling units in one quarter/quarter section. All lots
created under this provision must meet all of the other
district requirements, including those for setbacks, driveway
spacing and lot area. One of the conditions of approval
shall be the filing and recording of an agreement signed by
all of the affected propert~ owners, relinquishing any ri9ht
to a residential building slte on the quarter/quarter sectlon
from which the building site eligibility has been
transferred. (Ord. 90-05)
This ordinance shall become effective from and after its passage
and publication.
ATTE
Council of the City of Prior Lake this
17th
Clty
~~~
Published in the Prior Lake American on the _29th_ day of
May, 1993.
Drafted By:
Lommen, Nelson, Cole & stageberg, P.A.
1800 IDS Center
Minneapolis, MN 55402
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