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ORDINANCE 01.()2
AN ORDINANCE ESTABLISHING A 12.MONTH MORATORIUM
ON THE ISSUANCE OF ANY CONDITIONAL USE PERMITS FOR THE
EXCAVATION OF SAND, GRAVEL OR OTHER MATERIAL FROM THE LAND
RECITALS
WHEREAS, the Prior Lake Zoning Ordinance identifies certain uses, "which because of their nature,
operation and location in relation to. other uses require a Conditional Use Permit"
(Subsection 1108.201); and
WHEREAS, the Conditional Use Permit process regulates the location, magnitude and design of
conditional uses consistent with the Comprehensive Plan, and the regulations, purposes
and procedures of the Prior Lake Zoning Ordinance (Subsection 1108.201); and
WHEREAS, Section 1108 et seq. of the Prior Lake Zoning Ordinance describes the reason certain
uses of property or activities on property require a Conditional Use Permit and further
describe the procedures governing the application and review process for Conditional
Use Permits; and
WHEREAS, Subsection 1101.509(2) of the Prior Lake Zoning Ordinance requires a Conditional Use
Permit for the "[e]xcavation of a material exceeding 400 cubic yards of sand, gravel or
other material from the land"; and
WHEREAS, Subsection 1109.509(2) of the Prior Lake Zoning Ordinance regulates "excavation" and
"mining" based on the cubic yards of materials removed from the land, rather than a
specific type of land use activity; and
WHEREAS, the Prior Lake Zoning Ordinance does not restrict "excavation" and "mining" as a
specific land use activity to certain zoning districts within the City.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE,
MINNESOTA, THAT:
1. The Recitals set forth above are incorporated herein.
2. The City Council makes the following Findings of Fact:
a. The Zoning Ordinance does not make a clear distinction between excavation and mining
(Section 1101.400).
b. The excavation of materials from the land in excess of 400 cubic yards is a foreseeable
activity of developing land.
c. The excavation and mining of sand, gravel and other materials from the land, as a land
use activity, is not an appropriate land use activity in every land use district.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
d. The Prior Lake Zoning Ordinance fails to regulate "excavation" or "mining" as a land use
activity between various zoning districts.
3. Minnesota Statutes Section 462.355, subd. 4 authorizes the Prior Lake City Council to adopt an
"Interim Ordinance" designed to protect the integrity of the City's Comprehensive Plan and the
City's Zoning Ordinance.
4. Pursuant to the authority granted to it by Minnesota Statute Section 462.355, subd. 4, the City
Council hereby adopts an Interim Ordinance for a period of 12 months prohibiting the "excavation"
or "mining" of sand, gravel and other materials from the land in the City of Prior Lake.
5. The terms "excavation" and "mining" shall be interpreted broadly to give the most inclusive effect to
this Interim Ordinance.
6. The purpose of this Interim Ordinance is to protect the planning process and the health, safety and
welfare of the citizens of Prior Lake, by allowing a period of time for the City Staff to conduct a
study regarding mining and the regulation thereof as a land use. The study shall include, but not be
limited to:
(a) An analysis of the goals and policies set out in the City's Comprehensive Plan;
(b) An analysis of the impacts of excavation or mining on conditions relating to the geology,
hydrology and geography within the City;
(c) Define the distinction between excavating materials from the land in connection with the
development of the land and the mining of materials from the land as a land use activity.
(d) An analysis of any other factors that will aid the Planning Commission and City Council in
determining amendments, if necessary, to the City's Comprehensive Plan and Zoning
Ordinance; and
(e) Recommendations regarding zoning and land use controls.
7. After the City Staff has designed the study, it shall report to the Council any resources or special
expertise necessary to conduct the study.
8. The City Manager shall report on a periodic basis the status of the study. The first report shall be
provided to the City Council no later than October 15, 2001. If needed, the City Manager will
schedule study sessions with the City Council.
9. The following are exempt from the provisions of this Ordinance: grading, filling, reclamation and
excavation of materials pursuant to a grading plan approved as part of a preliminary plat, a
building permit, a public improvement project, and the Dakotah Parkway Road improvement.
10. The interpretation of the applicability of this Interim Ordinance to a particular activity shall be
made by the City Manager, Planning Director and Zoning Administrator in consultation with the
City Attomey. The decision may be appealed to the City Council.
11. This Interim Ordinance may be extended for such additional periods as the City Council may
deem appropriate, not exceeding a total additional period of 18 months.
12. This ordinance shall take effect upon publication.
Adopted this 19th day of March, 2001.
Wf!od~ ~, VViaJ...... -
Mayor J .
R:\ORDINANC\gravel moratorium. DOC
CityM
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota)
)SS.
County of Scott )
Stan Rolfsrod, being duly sworn, on oath says that he is the publisher or the authorized agent of
the publisher of the newspapers known as the Shakopee Valley News, Jordan Independen~ Prior
Lake American and Savage Pacer, and has full knowledge of the facts herein staled as follows:
(A) These newspapers have complied with the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331A.02, 33lA.07, and other applicable laws, as
amended.
(B) The printed public notice that is attached to this Affidavit and identified as No. ~3b
was published on the date or dates and in the newspaper stated in the attached Notice and said
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
inclusive. and is hereby acknowledged as being the kind and size of type used in the composition
and publication of the Notice:
abcdefgbijklmnopqrstuvw
Subscribed and sworn before me on
thiS~YOf?1f ~, 2001
~~~"7
Stan Rolfsrod, General Manager
or his designated agent
GWEN M. RADUENZ
NOTARY PUBLlC M'NNESOTA
My Commission ExyliresJan. 31. 2005
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $15.00per column inch
Maximum rate allowed by law for the above maller................................. $15.00 per column inch
Rate actually charged for the above manor............................................... $9.75 per column inch