HomeMy WebLinkAbout4B - Shoreland Mgmnt.Res.95-112
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
STAFF AGENDA REPORT
4B
Donald Rye,Planning Director
Consider adoption of Resolution 95-112
publication of Ordinance 93-01 relating to
Management and specifying its' effective date
November 6, 1995
authorizing
Shoreland
Following extensive study and public hearings by both the
Planning Commission and City Council, the City Council
approved ordinance 93-01 which dealt with amendments to the
Shoreland Management portion of the zoning ordinance. This
approval in March of 1993 was contingent upon review and
acceptance of the ordinance by the Minnesota Department of
Natural Resources (MDNR). The ordinance was transmitted to
MDNR later in March of 1993.
Since that time, there have been many meetings, telephone
conversations and letters between MDNR staff and City staff
attempting to finalize the process. MDNR has not committed to
approving the ordinance , even though the process has gone
on for over 2 1/2 years.
On July 1, 1995, a law became effective which seemed to offer
a way to move the approval process to completion. Article 18
of Chapter 248, Laws of Minnesota 1995 provides that a
written request related to zoning must be acted upon by the
approving agency within 60 days of receipt of the request. The
request must be complete and the agency has 10 days to
determine if the request is complete and whether the agency
will begin processing the application.
On July 18, 1995, staff transmitted a copy of the ordinance to
MDNR and formally requested review and acceptance of the
ordinance. No reply was received within 60 days and ,
according to Article 18, this constitutes approval of the
ordinance. Staff has prepared the attached resolution directing
that the ordinance be published as the final step in the
adoption of the Shoreland Management Ordinance. We will
16200 ~~e. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED
SHORERES.DOC
notify MDNR accordingly.
The Council has three alternatives:
1. Approve the attached resolution
2. Deny the attached resolution
3. Other action as the Council may direct
Staff recommends alternative 1.
Motion and second to adopt Resolution 95-112 as part of
the consent agenda
Reviewed by:Fr
ity Manager
RESOLUTION 95-112
RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 93-01
RELATING TO SHORELAND MANAGEMENT AND SPECIFYING ITS'
EFFECTIVE DATE
MOTION BY: SECOND BY:
WHEREAS, the City of Prior Lake adopted a Shoreland Management ordinance on
May 4,1987 pursuant to applicable statutes and agency rules, and
WHEREAS, pursuant to MCAR 6120 as adopted and in effect as of July 3,1989, the
City of Prior Lake prepared amendments to the Shoreland Management
Ordinance, and
WHEREAS, following publication of official notice in the City's legal newspaper,
public hearings on the amendments were held on January 21 and
February 4,1993 by the City Planning Commission and by the City
Council on February 16 and March 1,1993, and
WHEREAS, the City Council adopted Ordinance 93-01 on March 1,1993 subject to
legal review and review and acceptance by the Minnesota Department
of Natural Resources (MDNR), and the adopted ordinance was
transmitted to the MDNR on March 3,1993 for its' review and
acceptance, and
WHEREAS, as of July 1,1995, the City had not received notice of acceptance of the
ordinance by MDNR, and
WHEREAS, the Minnesota Legislature passed Chapter 248, Laws of Minnesota
1995, and
WHEREAS, Subdivision 2, Article 18 of Chapter 248, Laws of Minnesota 1995
requires that an agency as defined in that Act must, for any written
requests submitted after July 1, 1995, approve or deny a written request
related to zoning within 60 days of receipt of a written request
containing all information required by law and failure of the agency to
do so is deemed to be approval of the request, and
16200 ~~ Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
~ -"'_.__..~--"-"--_..._._.
WHEREAS,
WHEREAS,
the City again formally transmitted a copy of the adopted Shoreland
Management Ordinance to the MDNR on July 18,1995 for its review
and acceptance and on September 22,1995 sent a letter to the MDNR
indicating that the City had received no reply from the MDNR
concerning the July 18,1995 transmittal of the Shoreland Management
Ordinance and assumed that the ordinance was now accepted by
MDNR pursuant to Article 18, Subdivision 2 of the Laws of Minnesota
1995, and
up to and including this date, the City has not received further
communication from MDNR regarding this matter, and therefore
pursuant to Chapter 248, Article 18, Laws of Minnesota 1995, the
MDNR has approved and accepted the Shoreland Management
Ordinance .
NOW THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL OF PRIOR
LAKE, that the passage and approval of the Shoreland Management
Ordinance(Ordinance 93-01) is hereby ratified and reaffirmed and publication of the
ordinance in the Prior Lake American is hereby ordered. Said ordinance shall become
effective upon its' publication date.
Passed and adopted this 6th day of November, 1995.
YES NO
Andren Andren
Greenfield Greenfield
Kedrowski Kedrowski
Schenck Schenck
Scott Scott
{Seal} City Manager
City of Prior Lake
SHORELAN.DOC