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Home My WebLink About8B Terminate Waterfront Moratorium 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: MARCH 28, 2016 AGENDA #: 8B PREPARED BY: PRESENTED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR DAN ROGNESS AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE TERMINATING THE MORATO- RIUM ESTABLISHED BY ORDINANCE NO. 115-25 WHICH TEMPORARILY PROHIBITED ANY INSTALLATION OR PLACEMENT OF DOCKS ON, EX- TENDING FROM, AND/OR ACCESSED BY CERTAIN PROPERTY WITHIN THE CITY OF PRIOR LAKE. DISCUSSION: Introduction The purpose of this agenda item is to consider repealing the moratorium that was established by Ordinance No. 115-25, which implemented an interim ordinance temporarily prohibiting the installation or placement of docks on Common Lakeshore Property, or dedicated Waterfronts, in Prior Lake. History On November 9, 2015, the City Council approved Ordinance No. 115-25 (Attach- ment 1). This action prohibited the placement or installation of docks, extending from, and/or accessed by Common Lakeshore Property within the City of Prior Lake. The moratorium extended for a period of five months, or until April 21, 2016, during which time City staff conducted a study. Current Circumstances The City Attorney (Ric Rosow and Maggie Evavold) completed a memorandum to the City Council dated December 11, 2015 as a legal opinion on the matter of regulating boat slips or docks along dedicated Waterfront property in various plats. Their opinion was that these dedicated Waterfronts are defined in the Shoreland Ordinance as Controlled Access Lots. That opinion was then dis- cussed by the City Council at a Work Session on January 25, 2016. The Council provided direction to City staff on how best to regulate boat slips and docks along Common Lakeshore Property, including: (1) enforce the City’s existing regula- tions related to commercial boat rental operations, and (2) enforce the formula limit of boat slips for Controlled Access Lots as needed on a case-by-case basis. The February 22nd City Council meeting included an agenda item to terminate the moratorium prohibiting installation or placement of docks, extending from and/or accessed by certain property within the City of Prior Lake. Prior to consideration of this agenda item, three members of the Sunfish Bay subdivision spoke at the open forum and objected to the City Council’s determination that Dedicated Wa- terfront lots are legally non-conforming Controlled Access Lots and will have boat slips calculated at the same ratio as Controlled Access Lots. The residents felt the Sunfish Bay Dedicated Waterfront did not comply with many of the Controlled Access Lot Conditional Use Permit requirements and should be ‘grandfathered 2 in’ as a legally non-conforming use, allowing the current docks and boat slips to remain and prohibiting any additional docks or boat slips. The City Council took action on February 22nd not to terminate the moratorium and instead provided direction to staff to amend the Zoning Ordinance to identify Dedicated Waterfront as a Permitted Use in the R-1, Low Density Residential Use District and regulate boat slips along Dedicated Waterfront at the ratio of one slip per 18.75 of shoreline at the Ordinary High Water Evaluation. The other condi- tions required for Controlled Access Lots, such as the requirement t o have a neighborhood association, restrooms, parking spaces, trash receptacles, etc., would not apply to Dedicated Waterfront. Conclusion The City Attorney prepared ordinance amendments as directed by the City Coun- cil. The proposed ordinance amendments were considered by the Planning Com- mission following a public hearing on March 21, 2016. The Planning Commission recommended approval of the proposed ordinance amendments which will be considered by the Council on the March 28, 2016 agenda just prior to this item. Action by the City Council at this evenings meeting, whether approval or denial of the proposed ordinance amendments, will conclude the City’s actions on this matter. The moratorium should be terminated to allow property owners to install docks on common lakeshore, dedicated waterfront properties. ISSUES: There is no further need for the moratorium based upon the City Council’s direction and corresponding actions. Enforcement actions may be necessary from this point forward. With the “early” spring we have had, property owners are anxious to place their docks in the water. It would be unproductive and unnecessary for the city to prevent such action. FINANCIAL IMPACT: City legal costs associated with research and meeting attendance related to avail- able options for the regulation of boat slips on dedicated waterfront properties over the past several months are approximately $10,000. ALTERNATIVES: 1. Motion and a second, as part of the Consent Agenda, to approve an ordi- nance terminating the moratorium established by Ordinance No. 115-25. No resolution is included since the ordinance will be published in its totality. 2. Motion and a second to deny approving an ordinance terminating the mora- torium established by Ordinance No. 115-25. RECOMMENDED MOTION: Alternative #1 ATTACHMENTS: 1. Ordinance No. 115-250 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 116-XX AN ORDINANCE OF THE CITY OF PRIOR LAKE, MINNESOTA, TERMINATING THE MORATORIUM ESTABLISHED BY ORDINANCE NO. 115-25 WHICH TEMPORARILY PROHIBITED ANY INSTALLATION OR PLACEMENT OF DOCKS ON, EXTENDING FROM, AND/OR ACCESSED BY CERTAIN PROPERTY WITHIN THE CITY OF PRIOR LAKE. WHEREAS, on November 9, 2015 the City Council adopted Ordinance No. 115-25 which temporarily prohibited any installation or placement of docks on, extending from, and/or accessed by certain property within the City of Prior Lake; WHEREAS, on January 25, 2016 the City Council received a report related to the moratorium and considered the recommendations; and WHEREAS, based on the discussion and recommendations the City Council determines it appropriate to terminate the moratorium, legally effective upon publication in the Prior Lake American on April 2, 2016. The City Council of the City of Prior Lake, Minnesota, hereby ordains: Section 1. Termination. The moratorium established by Section 4 of Ordinance No. 115-25 is terminated and is no longer of any force or effect. Section 2. 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 28th day of March, 2016. ATTEST: ______________________________ _______________________________ Frank Boyles, City Manager Kenneth L. Hedberg, Mayor Published in the Prior Lake American on the 2nd day of April, 2016. 4646 Dakota Street SE Prior Lake MN 55372 CITY OF PRIOR LAKE ORDINANCE NO 115 25 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 21st day of November 2015