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HomeMy WebLinkAbout9D Interim Ordinance on Private Docks Report 4646 Dakota Street SE 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 DOCKS ON, EXTENDING FROM, AND/OR ACCESSED BY CERTAIN PROPERTY 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 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. WHEREAS, the City of Prior Lake contains several parcels of property abutting lakeshore that are dedicated by plat for the joint or common use of the owners of lots shown on the plat and that are not Controlled Access Lots pursuant to City Code Sections 1102.403(7) or 1102.503(9) (hereinafter referred to as “Common Lakeshore Property”); 2 WHEREAS, the City Council concludes that the public health, safety, and welfare and sound planning may be affected by unregulated and inconsistent placement of docks located on, extending from, and/or accessed by Common Lakeshore Property in the City of Prior Lake; WHEREAS, the City Council finds that the City’s current regulations do not adequately address best practices for the placement of docks on, extending from, and/or accessed by Common Lakeshore Property; 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 docks located on, extending from, and/or accessed by Common Lakeshore Property. This study will include but not be limited to determining the most appropriate requirements and limitations on the number and location of docks located on, extending from, and/or accessed by Common Lakeshore Property; and WHEREAS, the City Council has concluded that the public health, safety and welfare and sound planning require that a moratorium be imposed on the installation or placement of any docks on, extending from, and/or accessed by Common Lakeshore Property within the City during the pendency of the study and the various public hearings preceding possible adoption of amendments to the zoning ordinance. 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 to determine what amendments to the City Code will be required to deal effectively with the installation and placement of docks on, extending from, and/or accessed by Common Lakeshore Property in the City of Prior Lake. The study shall include analysis of methods and best practices relating to the regulation of docks located on, extending from, and/or accessed by Common Lakeshore Property, 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 ____ DAY OF ____________, 2015. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Frank Boyles, City Manager 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 115-xx AN INTERIM ORDINANCE OF THE CITY OF PRIOR LAKE, MINNESOTA, TEMPORARILY PROHIBITING ANY INSTALLATION OR PLACEMENT OF DOCKS ON, EXTENDING FROM, AND/OR ACCESSED BY CERTAIN PROPERTY 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, Section 1104, regulates shorelands in the City. The City of Prior Lake 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. The City Council finds that the City’s current zoning regulations do not adequately address best practices for the consistent and uniform placement of docks located on, extending from, and/or accessed by property abutting lakeshore that is dedicated by 2 plat for the joint or common use of the owners of lots shown on the plat and that are not Controlled Access Lots pursuant to City Code Sections 1102.403(7) or 1102.503(9) (hereinafter referred to as “Common Lakeshore Property”) due to factors including, but not limited to, that the City’s current zoning requirements and conditions with respect to docks located on, extending from, and/or accessed by Common Lakeshore Property may not adequately address issues related the number of docks allowed and the proper placement of those docks. 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 docks located on, extending from, and/or accessed by Common Lakeshore Property. This study will include but not be limited to determining the most appropriate requirements and limitations on on the number and location of docks located on, extending from, and/or accessed by Common Lakeshore Property. Upon completion of the study and a recommendation from the task force, potential ordinance amendments will 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 installation or placement of any dock on, extending from, and/or accessed by Common Lakeshore Property within the City during the pendency of the study and the various public hearings preceding possible adoption of amendments to the zoning ordinance. Section 2. 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 3. 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 placement of docks located on, extending from, and/or accessed by Common Lakeshore Property in the City of Prior Lake. This study will include review of the regulations 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 4. Interim Ordinance. Pending the completion of the above-referenced Study, and the adoption of appropriate official controls, for a period of five months (subject to exceptions as stated in Section 462.355) after the Effective Date of this Ordinance, there shall be no placement or installation of docks on, extending from, and/or accessed by Common Lakeshore Property within the City of Prior Lake. Section 6. Exceptions. This moratorium shall not apply to any docks located on, extending from, and/or accessed by Common Lakeshore Property that were installed prior to the Effective Date of this Ordinance. 3 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 9th Day of November, 2015. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kenneth L. Hedberg, Mayor Published in the Prior Lake American on the 14th day of November, 2015.