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HomeMy WebLinkAbout8C - Boat Slips Moratorium on Spring Lake O� PRIO r ti U 111 4646 Dakota Street SE Prior Lake,MN 55372 �INNESO�A CITY COUNCIL AGENDA REPORT MEETING DATE: FEBRUARY 9, 2015 AGENDA#: 8C PREPARED BY: DAN ROGNESS, COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR PRESENTED BY: DAN ROGNESS AGENDA ITEM: CONSIDER APPROVAL OF: 1) AN INTERIM ORDINANCE TO TEMPORARILY PROHIBIT DEVELOPMENT, ZONING, SUBDIVSION AND BUILDING OR ZON- ING PERMITS FOR BOAT SLIPS AT CONTROLLED ACCESS LOTS ON SPRING LAKE WITHIN THE CITY OF PRIOR LAKE; 2) A RESOLUTION AUTHORIZING A STUDY AND TASK FORCE; AND 3) A RESOLUTION APPROVING AN ORDI- NANCE 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 permits from being processed/approved for Controlled Access Lot boat slips as defined in the Prior Lake Zoning Ordinance on Spring Lake within the City of Prior Lake until a study can be completed to evaluate possible future City Code amendments. History In late 2013, the City Council approved a 6-month moratorium on marinas, and di- rected a Task Force to propose changes on how the city regulates them; the mora- torium ended on May 22. The City Council realized that possible improvements could be made to how the city regulates marinas, due in part, to the fact that the DNR, as of 2002, is only permitting commercial marinas with ancillary services. Ma- rinas without such services, such as the Waters Edge Marina, are fully regulated by the city, as well as Controlled Access Lots (association docks). In addition to marinas, the Marina Task Force realized that the regulation of Con- trolled Access Lots for homeowner associations is also addressed in the Shoreland Regulations.Therefore, it looked at the overall regulations of Marinas and Controlled Access Lots within a revised Subsection 1104.307 of the Shoreland Regulations. The 3-member Marina Task Force consisted of Perri Hite representing the Planning Commission, Liz Weninger representing the Lakes Advisory Committee, and Woody Spitzmueller representing the Safety Advisory Committee and the Watershed Dis- trict. This group met numerous times to discuss and propose changes to the city's regulations. They also convened a larger research group twice to advise them, which included representatives of the DNR, homeowner associations with boat slips, the county's Sheriff Department, and the city's Police Department. The Planning Commission held a public hearing on the proposed amendments from the Task Force on May 19, 2014. The City Council approved the amendments on June 23, 2014, and the DNR approved them on August 26, 2014. Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com Current Circumstances Staff provided a report at the January 26'City Council meeting regarding the Zoning Administrator's December 22nd approval to allow the Spring Lake Estates Associa- tion to add 24 boat slips to the existing 30 slips. Based on that information, the City Council directed staff to return with a proposed moratorium on Controlled Access Lot boat slips on Spring Lake. The 6-month moratorium would allow time for a Task Force, with proposed members identified below, to evaluate the criteria and formula for association docks, and to work in parallel with a current study of surface water management on public waters of the three large lakes. Conclusion The City Council may determine that the City's regulations, including subdivision and zoning regulations do not adequately address the development or expansion of prop- erty designated as Controlled Access Lots on Spring Lake, as defined in the Zoning Ordinance due to factors including, but not limited to: • Changes in the regulation of Controlled Access Lots were made by the Min- nesota Department of Natural Resources (DNR) that exclude it's permitting of boat slips associated Controlled Access Lots. • Conditions in the City's Zoning Ordinance may be minimal or limited when determining an appropriate number of association dock slips. • Conditions in the City's Zoning Ordinance may not adequately review all im- pacts resulting from association dock slips related to safety, the environ- ment, and quality of life. • The land and water characteristics of Spring Lake are different than those associated with Upper and Lower Prior Lakes. • 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. In order to protect Spring Lake and those with homes and/or businesses on the lake, the City Council should consider ordering a study and form a task force to evaluate Controlled Access Lot dock slips on Spring Lake, which would be done in parallel with an existing study of surface water management for the three large lakes (Lower Prior, Upper Prior, Spring Lake). 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 control- ling the impacts of boat slips on Spring Lake, including but not limited to definition, locations, size and use of Controlled Access Lots, 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. Lakes Advisory Committee 2. Prior Lake Spring Lake Watershed District 3. Spring Lake Town Board 4. Department of Natural Resources 5. Scott County Sheriff 6. Resident homeowners on Spring Lake The size of the task force should not exceed nine members, if possible. 2 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 permits related to Controlled Access Lots boat slips on Spring Lake within the City of Pior Lake. The rationale for this restriction is to allow sufficient time to study the most appropriate method to define and regulate Controlled Access Lots. Also en- closed is a resolution authorizing summary publication 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 mail- ing, publication and copying. ALTERNATIVES: 1) Motion and a second to adopt the interim ordinance prohibiting development, subdivision, zoning and building permits for Controlled Access Lot boat slips on Spring Lake in the City of Prior Lake. 2) Motion and a second to adopt a resolution authorizing a study. 3) Motion and a second to adopt a resolution approving the summary of the interim ordinance and ordering publication. 4) Take no action and provide the staff with direction. RECOMMENDED Alternatives 1, 2 and 3 MOTION: 3 o� PRI() U 4646 Dakota Street SE Prior Lake,MN 55372 4r,AWEso'0, CITY OF PRIOR LAKE ORDINANCE NO. 115-XX AN INTERIM ORDINANCE OF THE CITY OF PRIOR LAKE, MINNESOTA, TEMPORARILY PROHIBITING DEVELOPMENT, ZONING, SUBDIVISION AND BUILDING OR ZONING PERMITS RELATED TO BOAT SLIPS FOR CONTROLLED ACCESS LOTS ADJACENT TO SPRING LAKE 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: 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 1102.307(3) and (4), regulate Mooring Facilities and boat slips and related matters for Controlled Access Lots within Shoreland Districts. 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, including boat slips, 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, including for boat slips for Controlled Access Lots. (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. 2. Findings. The City Council finds that the City's current land use regulations do not adequately address the impacts on land and/or water relating to boat slips for Controlled Access Lots on Spring Lake, (also referred to as association boat slips), as defined in the Zoning Ordinance due to factors including, but not limited to: • Changes in the regulation of Controlled Access Lots were made by the Minnesota Department of Natural Resources (DNR) that exclude it's permitting of boat slips associated with Controlled Access Lots. • Conditions in the City's Zoning Ordinance may be minimal or limited when determining an appropriate number of association boat slips. • Conditions in the City's Zoning Ordinance may not adequately review all impacts resulting from association boat slips related to safety, the environment, and quality of life. • The land and water characteristics of Spring Lake are different than those associated with Upper and Lower Prior Lakes, therefore different regulations may be required for boat slips for Controlled Access Lots on Spring Lake. • 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 boat slips for Controlled Access Lots on Spring Lake, including but not limited to definition, locations, size and use, 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 a 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 related to boat slips for Controlled Access Lots on Spring Lake within the City of Prior Lake during the pendency of the study and the various public hearings preceding possible adoption amendments to the subdivision and zoning regulations. 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. 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 boat slips for Controlled Access Lots on Spring Lake in the City of Prior Lake. This study will include the appointment of a task force to review 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. 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 exceptions as stated in Section 462.355) after the Effective Date of this Ordinance, there shall be no application or 2 permit related to development, subdivision, zoning or building for boat slips or related matters associated with Controlled Access Lots on Spring Lake 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 Controlled Access Lots, for said time period as above noted, unless such was granted or approved prior to the Effective Date of this Ordinance. 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 7. Enforcement. The City may enforce this Ordinance by mandamus, injunction or any other appropriate civil remedy. 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. 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 9th Day of February, 2015. ATTEST: Frank Boyles, City Manager Kenneth L. Hedberg, Mayor Published in the Prior Lake American on the 14' day of February, 2015. 3 O� PRION t~ U 4646 Dakota Street SE ' INNESO�P Prior Lake,MN 55372 RESOLUTION 15-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 BOAT SLIPS FOR CONTROLLED ACCESS LOTS ON SPRING LAKE 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, including boat slips, 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, including for boat slips for Controlled Access Lots. (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. (14) Evaluate lake impacts from development to residents living on a lake. (15) Evaluate lake impacts using criteria associated with the surface area of the lake. (16) Evaluate boating facility criteria for marinas and associations alike. (17) Evaluate parking standards related to lakefront development in order to improve water quality and stormwater conditions. WHEREAS, the City Council concludes that the public health, safety, and welfare and sound planning may be effected by the development or expansion of boat slips related to Controlled Access Lots on Spring Lake 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 boat slips for Controlled Access Lots on Spring Lake, as defined in the Zoning Ordinance due to factors including, but not limited to: • Changes in the regulation of Controlled Access Lots were made by the Minnesota Department of Natural Resources (DNR) that exclude it's permitting of boat slips associated with Controlled Access Lots. • Conditions in the City's Zoning Ordinance may be minimal or limited when determining an appropriate number of association boat slips. • Conditions in the City's Zoning Ordinance may not adequately review all impacts resulting from association boat slips related to safety, the environment, and quality of life. • The land and water characteristics of Spring Lake are different than those associated with Upper and Lower Prior Lakes, therefore different regulations may be required for boat slips for Controlled Access Lots on Spring Lake. • 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 regulations for boat slips for Controlled Access Lot boat slips on Spring Lake 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. Lakes Advisory Committee 2. Prior Lake Spring Lake Watershed District 3. Spring Lake Town Board 4. Department of Natural Resources 5. Scott County Sheriff 6. Property owners on Spring Lake 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 for boat slips or related matters associated with Controlled Access Lots on Spring Lake in the City of Prior Lake 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 boat slips for Controlled Access Lots on Spring Lake. The study shall include analysis of boat slips and Controlled Access Lots related to definition, corresponding criteria and conditions to protect public health, safety and welfare, a sound planning framework, 2 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 9th DAY OF FEBRUARY, 2015. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑ ❑ ❑ ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ Frank Boyles, City Manager 3 O� PRIOr U 4646 Dakota Street SE 4f 4646 Prior Lake,MN 55372 RESOLUTION 15-xxx A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO 115- AND ORDERING THE PUBLICATION OF SAID SUMMARY Motion By: Second By: WHEREAS, Ordinance No. 115- was adopted and ordered published at a regular meeting of the City Council of the City of Prior Lake held on the 9th day of February, 2015. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. Ordinance No 115- is lengthy. 2. The text of the summary of Ordinance No. 115- 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. 115- shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication. PASSED AND ADOPTED THIS 9th DAY OF FEBRUARY, 2015. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑ ❑ ❑ ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ Frank Boyles, City Manager EXHIBIT A SUMMARY OF ORDINANCE No. 115- AN INTERIM ORDINANCE OF THE CITY OF PRIOR LAKE, MINNESOTA, TEMPORARILY PROHIBITING DEVELOPMENT, ZONING, SUBDIVISION AND BUILDING OR ZONING PERMITS FOR CONTROLLED ACCESS LOTS ON SPRING LAKE 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: Summary: 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 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 9T" Day of February, 2015. ATTEST: Frank Boyles, City Manager Kenneth Hedberg, Mayor Published in the Prior Lake American on the 14th day of February, 2015. 2