HomeMy WebLinkAbout91-08 CITY OF PRIOR LAKE
ORDINANCE NO. 91-08
AN INTERIM ORDINANCE PLACING A MORATORIUM ON THE ISSUANCE OF
CONDITIONAL USE PERMITS FOR MINERAL EXTRACTION IN A-1
AGRICULTURAL AND C-1 CONSERVATION ZONING DISTRICTS.
The Council of the City of Prior Lake does hereby ordain:
Prior Lake City Code, Title 5, Chapter 6, is hereby amended by
adding a new Section 5-6-13 to read as follows:
5-8-13: INTERIM ORDNANCE MORATORIUM:
(A) Purpose: Prior Lake City Code Sections 5-3-2; 5-3-3,
A-1 Agricultural and C-1 Conservation; 5-6-5,
Conditional Uses; and 5-6-6, Variances, establish
procedures for an applicant to obtain a conditional use
permit for mineral extraction in A-1 Agricultural and
C-1 Conservation Districts. The City Council, after
discussion, believes that such a use in A-1
Agricultural and C-1 Conservation Districts may have
substantial long term detrimental effects on the
environment, may impact negatively on the character of
the surrounding residential and farming community, may
greatly reduce land use options for development within
the District and within the community, may have
substantial effect on roads, traffic and storm water
management and therefore the health, safety and welfare
of the citizens of Prior Lake. The City Council deems
it necessary to prohibit the granting of any
conditional use permit for mineral extractions in A-1
Agricultural and C-1 Conservation Districts until the
City of Prior Lake has had a sufficient time for
studying this matter to determine whether or not
Title 5, Chapter 6, of the Prior Lake City Code needs
to be amended. This interim ordinance is therefore
adopted, effective upon its date of publication, in
accordance with Minnesota Statutes Section 462.355,
Subd. 4, for a period of one year from its effective
date. The City Council may, by resolution, extend its
effect for such additional periods as it deems
necessary, for a period not exceeding a total
additional period of eighteen (18) months.
(B) All Extraction Conditional Use Permits Prohibited: No
conditional use permit for mineral extraction in A-1
Agricultural and C-1 Conservation Districts shall be
granted by the Zoning Administrator, Planning
Commission or the City Council of the City of Prior
Lake for a period of one year from the date this
ordinance is effective or for an additional period of
eighteen (18) months, if extended by resolution by the
City Council, or the date upon which the City has
concluded its planning process to determine whether or
not the City Zoning Code should be amended to address
issues presented with regard to conditional use permit
applications for mineral extraction in A-1 Agricultural
and C-1 Conservation Districts and taken action on the
findings, whichever is earlier.
(C) Enforcement: In the event any individual, partnership,
corporation or other legal entity shall commence
mineral extraction in A-1 Agricultural and/or C-1
Conservation Districts after the effective date of this
ordinance without a valid previously issued conditional
use permit, it or they shall be guilty of a misdemeanor
and upon conviction thereof, be punished by a fine not
to exceed seven hundred dollars ($700.00) or by
imprisonment for a term not to exceed ninety(901 days,
or both, for each offense. Each day a violation is
permitted to exist shall constitute a separate offense.
The City Manager, Assistant City Manager, City Planner,
Assistant City Planner, Building Inspector and City
Engineer shall have the power to issue citations for
violation of this section in lieu of arrest or
continued detention. In addition, any violation of this
title may be enjoined by the City Council through
proper legal channels.
This ordinance shall become effective from and after its passage
and publication.
Passed by the City Council of the City of Prior Lake this
day of Au~o~a£ , 1991.
Ci~'y Manager ! - -
Published in the Prior Lake American on the 2nd day of
Sep~e~nbe~ , 1991.
Drafted By:
Lommen, Nelson, Cole & Stageberg, P.A.
1800 IDS Center
Minneapolis, Minnesota 55402