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HomeMy WebLinkAbout115-04 Spring Lake Boat Slip Moratorium Ordinance 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 115-04 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 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 2 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 9 Day of February, 2015. th ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kenneth L. Hedberg, Mayor Published in the Prior Lake American on the 14 day of February, 2015. th 3