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HomeMy WebLinkAbout93-12 Agricultural Preserve "OD9312" CITY OF PRIOR LAKE ORDINANCE NO. 93-12 AN ORDINANCE AMENDING PRIOR LAKE CITY CODE AND PRIOR LAKE ZONING ORDINANCE NO. 83-6. The Council of the City of Prior Lake does hereby ordain: section 5-1-7 Definitions; 5-3-1 Permitted Uses; 5-4-1(N) General Requirements, of the Prior Lake city Code is hereby amended as follows: 5-1-7 Definitions: AGRICULTURAL PRESERVE: Land area created and restricted according to Minnesota statutes Chapter 473H.05 to remain in agricultural use. Agricultural use means the production for sale of livestock, dairy animals, dairy products, poultry or poultry products, fur bearing animals, horticultural or nursery stock, fruit, vegetables, forage, grains, or bees and apiary products. Wetlands, pasture and woodlands accompanying land in agricultural use shall be deemed to be in agricultural use. 5-3-1 Permitted Uses: PERMITTED USE - A-I, AGRICULTURAL: 12. Agricultural Preserve. PERMITTED USE - C-1, CONSERVATION: 13. Agricultural Preserve. 5-4-1(N): AGRICULTURAL PRESERVES: Upon certification by the City Council that certain lands in the City are planned for long term agricultural use in the Comprehensive Plan, and zoned A-1 Agricultural and/or C-1 Conservation on the Zoning Map, owners of said lands may make application for agricultural preserve status requiring a maximum residential density at one unit per quarter/quarter section (average of one dwelling per 40 acres). Application may be initiated on a form provided by the City. A. Minimum Acreage: The minimum acreage is but smaller parcels will be considered following conditions: l. Noncontiguous parcels at least ten (10) acres in size and aggregating forty (40) or more acres may be eligible if they are farmed together as a unit. forty (40) acres, eligible under the section 8.1 Definitions; 3.1 Permitted Uses; 4.3 Agricultural Preserves, of Prior Lake Zoning Ordinance 83-6 is hereby amended as follows: 8.1 DEFINITIONS: AGRICULTURAL PRESERVE: Land area created and restricted according to Minnesota Statutes Chapter 473H.05 to remain in agricultural use. Agricultural use means the production for sale of livestock, dairy animals, dairy products, poultry or poultry products, fur bearing animals, horticultural or nursery stock, fruit, vegetables, forage, grains, or bees and apiary products. Wetlands, pasture and woodlands accompanying land in agricultural use shall be deemed to be in agricultural use. 3.1 PERMITTED USES: A-I, AGRICULTURAL: 12. Agricultural Preserve. C-1, CONSERVATION: 13. Agricultural Preserve. 4.3 AGRICULTURAL PRESERVES: AGRICULTURAL PRESERVES: Upon certification by the City Council that certain lands in the City are planned for long term agricultural use in the Comprehensive Plan, and zoned A-1 Agricultural and/or C-1 Conservation on the Zoning Map, owners of said lands may make application for agricultural preserve status requiring a maximum residential density at one unit per quarter/quarter section (average of one dwelling per 40 acres). Application may be initiated on a form provided by the City. A. Minimum Acreage: The minimum acreage is forty (40) acres, but smaller parcels will be considered eligible under the following conditions: 1. Noncontiguous parcels at least ten (10) acres in size and aggregating forty (40) or more acres may be eligible if they are farmed together as a unit. 2. The minimum acreage requirement may be reduced to thirty-five (35) acres if the land is located within a single quarter/quarter section and the amount less than forty (40) acres is due to a public right-Of-way or a disturbance in the rectangular survey system leaving a quarter/quarter of less than forty (40) acres. 3. The minimum acreage can be reduced to twenty (20) acres if it is adjacent to eligible land on not less than two (2) sides and the following conditions are met: a) The land area predominantly comprises Class I, III, or irri9ated Class IV land according to Land Capabillty Classification Systems of the Conservation Service and the Scott County Survey; and II, the Soil Soil b) The city Council considers the land to be an essential part of the agricultural region; and c) The parcel was a parcel of record prior to January 1, 1980; or the land was an agricultural preserve prior to becoming a separate parcel of at least twenty (20) acres. 4. Contiguous municipally-certified land meeting the total acreage requirements, but located in an adjoining municipality as well as in Prior Lake so that the minimum acreage requirement is not met in one or more jurisdictions, is eligible through joint resolution of the affected local governments. B. Duration: An agricultural preserve continues indefinitely until either the owner or the city initiates expiration, after which the duration is eight (8) years. A land owner may initiate expiration by notifyin9 the City on a form provided. The City may initiate exp1ration by changing the planning and zoning so that the land is no longer planned for long-term agricultural use or is rezoned to another use. (Ord. 84-02) C. Where there are two or more contiguous quarter/quarter sections under single ownership, the owner may, by Conditional Use Permit, cluster the permitted number of dwelling units in one quarter/quarter section. All lots created under this provision must meet all of the other district requirements, including those for setbacks, driveway spacing and lot area. One of the conditions of approval shall be the filing and recording of an agreement signed by all of the affected propert~ owners, relinquishing any ri9ht to a residential building slte on the quarter/quarter sectlon from which the building site eligibility has been transferred. (Ord. 90-05) This ordinance shall become effective from and after its passage and publication. ATTE Council of the City of Prior Lake this 17th Clty ~~~ Published in the Prior Lake American on the _29th_ day of May, 1993. Drafted By: Lommen, Nelson, Cole & stageberg, P.A. 1800 IDS Center Minneapolis, MN 55402 --,,",~.~,,-,,^-,_.,,"t-""'~'--"''''''~'"--''~-'--.-''''-''-~''~...-.. '-t,..... ,......,.,._."..._..""""'., ~,._.._~...._.,,__ ..~_,_.;~_"".~.,~_~,_.._",."_~""",-"'_,'-"".~,~.._.~c_.....'._..~, ~..__,~~_"_"____._"_,~d_.."~__, _.-~,----=-,~~---_....