HomeMy WebLinkAbout115-25 Interium Ordinance on Private Docks
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
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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.
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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.
CITY OF PRIOR LAKE
ORDINANCE NO.115-26 Affidavit of Publication
AN ORDINANCE AMENDING
SECTION GUL ers USE Southwest Newspapers
DISTRICT REGULATIONS, p p
OF THE PRIORLAKE
CITY CODE
AS SUBSECTION 1102.1600,
EXPANSION OF A State of Minnesota)
NONCONFORMING
RESTAURANT USE )SS.
The City Council of the City County of Scott )
of Prior Lake,Minnesota,does
hereby ordain that the following
Subsection is amended for Section
1102 of the City Code:
1102.for ExpanntUse Laurie A.Hartmann,being duly sworn,on oath says that she is the publisher or the authorized
onof
a Nonconforming Restaurant Use..,
The purpose of this Subsection; agent of the publisher of the newspapers known as the Shakopee Valley News,Jordan Indepen-
is to permit the expansion of dent,Prior Lake American and Savage Pacer,and has full knowledge of the facts herein stated as
a nonconforming restaurant follows:
use on Upper Prior Lake'upon'
the conformance to certain (A)These newspapers have complied with the requirements constituting qualification as a legal
conditions and regulations as set` newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
forth below. amended.
(1) Findings. -The City
Council finds'that the City and
its residents will benefit by (B)The printed public notice that is attached to this Affidavit and identified as No.
establishing conditions for parcels was published on the date or dates and in the newspaper stated in the attached Notice and said
of property that conditions the Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
expansion of a nonconforming the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
use to the site and neighborhood inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
based on the conditions set forth and publication of the Notice:
in 1102.1600(3)based upon the
following findings:
"(3)h"is hereby amended to abcdefghijklmnopgrstuvwxyz
read as follows:
h. The restaurant/bar
operations shall be limited to `f
By:
the followinghours: Monday
Thursday = 1:00 a.m. to 11:00 ,'f Laurie A.Hartmann
p.m,;Saturday=9:00 a.m.to 1:00
a.m.;and Sunday=9:00 a.m.to
11:00 p.m.Unless the hours noted, Subscribed and sworn before me on
previously are less restrictive,
Holiday hours shall be limited to:
New Year's Eve=1:00 a.m.;New
Year's Day and the 4th of July
12:00 midnight. Outdoor serving this day of i '` ' ,: Fg ,2015
of food and drinks shall stop
no later than 11:00 p.m. Sunday
through Thursday, and no later; c `Q,l
than 12:00 midnight Friday and
Saturday,except that the outdoor lv L`} y t U 'J:SIT(y P'1;BUC ha'II I ESOTA
servinghours mayexpandto12:00! ` '��A' a�>� c �, - F
, } �o,m,-w S1Of!C AS 01/31/18
p.m.midnight for the 4th of July. N rye ublic
This ordinance shall become
I
effective from and after its
passage and publication.
Passed by the City Council of
the City of Prior Lake this 21st
day of December,2015.
ATTEST: RATE INFORMATION
Frank Boyles Lowest classified rate aid b commercial users for comparable space $31.20 per column inch
City Manager p Y p p
Kenneth Hedberg Maximum rate allowed by law for the above matter.................................$31.20 per column inch
Mayor Rate actually charged for the above matter.............................................. $12.59 per column inch
(Published in the Prior
Lake American on Saturday,
December 26 2015;No.7588
E
CITY OF PRIOR LAKE
ORDINANCE NO.115-25
AN INTERIM ORDINANCE
OF THE CITY OF PRIOR
LAKE,MINNESOTA, l
TEMPORARILY
PROHIBITING ANY
INSTALLATION OR
PLACEMENT OF DOCKS ON,
EXTENDING FROM,AND/
OR;ACCESSED BY CERTAIN
PROPERTY WITHIN THE
CITYOFPRIOR LAKE;
ADOPTING ENFORCEMENT Affidavit of Publication
PROVISIONS;AND
ADOPTING BY REFERENCE
CITY CODE PART 1 WHICH, Southwest Newspapers
AMONG OTHER THINGS,
CONTAINS PENALTY
PROVISIONS.
The City Council of the City State of Minnesota)
of Prior Lake,Minnesota,hereby
ordains: )SS.
Section 1 Purpose.The
City of Prior Lake("City")has county of Scott )
adopted a'Comprehensive Plan"
which guides long term property'
uses throughout`the City. The
City's Zoning Ordinance,Section
1104, regulates shorelands in; Laurie A.Hartmann,being duly sworn,on oath says that she is the publisher or the authorized
the City The-City of Prior Lake agent of the publisher of the newspapers known as the Shakopee Valley News,Jordan Indepen-
regulates zoning of property'' dent,Prior Lake American and Savage Pacer,and has full knowledge of the facts herein stated as
within the City in order to: follows:
(1) Protect the residential,
business, industrial and public (A)These newspapers have complied with the requirements constituting qualification as a legal
areas of the community and newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
maintain their stability.
_(2) Promote the most amended.
appropriateand orderly -7
development of the residential, (B)The printed public notice that is attached to this Affidavit and identified as No.
business,industrial,public land was published on the date or dates and in the newspaper stated in the attached Notice and said
and public areas. Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
(3)Provide adequate light,air the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
and convenient access to property. inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
(4)Limit congestion in the
public rights-of-way. and publication of the Notice:
(5)Prevent over-crowding of
land and undue concentration abcdefghijklmnopgr7Y: 1
of`structures and population
by regulating the use of land
and buildings and the bulk of Bt M
buildings in relation to the land
surrounding them. Laurie A.Hartmann
(6)Provide for compatibility
of_different land uses by
segregating, controlling and
regulating unavoidable nuisance Subscribed and sworn before me on
producing uses.
(7)Require that development
proceed according to the goals and �
policies established in the„City's this 6�13�z.day of ' tPL -TILL'o'?,2015
Comprehensive Plan.
(8) Maintain a tax base.
necessary to promote the'
economic welfare of the City
by insuring optimum values for _� t_ JYM M E J E�M E K y
property in the City. .`x fd �Af ' LE1C :M�l�SOTA
(9) Enhance the aesthetic to ublic '` a Lf '1i �v{ y ��011I'.d
character and appearance of a `
MY
the City,
.max,,-.�»vii .;�N��;•.,-�-.�-
(10) Conserve natural
resources and environmental
assets of the community.
(11) Provide adequate off-
street parking and loading RATE INFORMATION
facilities.
(12) Provide effective Lowest classified rate paid by commercial users for comparable space....$31.20 per column inch
administration of this Ordinance
and any future amendments to Maximum rate allowed by law for the above matter.................................$31.20 per column inch
this Ordinance and-prescribe Rate actually charged for the above matter.............................................. $12.59 per column inc
penalties for the violation of its
requirements.
(13)Establish a continuing
system of review of this
Ordinance to'insu`re 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/
'^^` I-T nroperty abutting
•Alleea sagnj -P� k plat
iM
Ordinance aiiu'as authorized
by separate Resolution,the City
determines to conduct a study
-se to determine what amendments
snowri on the to the City Code will be required
to deal effectively with the:
-jtarand that are not Controlled placement of docks located.
AccessLots pursuant to City Code on, extending from, and/or,
Sections 1102.403(7)or 1102.503(9) accessed by Common Lakeshore
(hereinafter referred to as- Property in the City of Priori
"'Common Lakeshore Property") Lake. This study will include
due to factors including, but review of the regulations in the
not limited to, that the City's existing City Code,research of
current zoning requirements ordinances and land use in other
and conditions with respect toi jurisdictions,review of relevant
docks located on,extending from,, studies and a legal analysis of
and/