HomeMy WebLinkAbout5.C.1. Shoreland Ordinance Text Amendment-Ord. No. 822
s, c. J.
CITY OF SHAKOPEE
Memorandum
CASE NO.: 09-023
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TO: Mayor and City Council .~ t'li
Mark McNeill, City Administrator
FROM: Julie Klima, Planner II
SUBJECT: Shoreland Ordinance Text Amendment
MEETING DATE: June 16,2009
REVIEW PERIOD: Proposal initiated by City staff
INTRODUCTION
Staffhas prepared a text amendment regarding the provisions in City Code prohibiting the use of motorized
vehicles on natural environment lakes.
Recently, the Minnesota Department of Natural Resources (DNR) reviewed the City's shoreland regulations
and has communicated to the City that the provision regarding motorized watercraft is improperly placed
within the Shoreland Ordinance, which would make the provision difficult to enforce.
Rather, the DNR states, this provision should be placed in a section of the Zoning Ordinance dedicated to
water surface use zoning. As a result of this information, staff has prepared the following text amendment
which would remove the provision from its current place in the Shoreland Ordinance and place the provision
within a newly created section of the Zoning Ordinance titled "Water Surface Use Zoning".
The Planning Commission reviewed the proposed text amendment at its June 4 meeting and recommended
approval ofthe amendment to the City Council. A copy of the Planning Commission report is attached for
the Council's reference.
This item is related to Goal F: Housekeeping.
ALTERNATIVES
1. Approve the text amendment as presented.
2. Approve the text amendment with revisions.
3. Deny the text amendment.
4. Table action on this item and direct staff to prepare additional information.
STAFF RECOMMENDATION
Staff recommends Alternative No.1, approval of the text amendment, as presented.
ACTION REQUESTED
Approve Ordinance No. 822, An Ordinance Amending Chapter II, By Adding a Water Surface Use Zoning
Section, as presented, and move its adoption. 3 1.: U '
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,/ JulIe KlIma
f Planner II
h:\cc\2009\06-16\09023 txt amend dnr motorized vehicles.docx
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ORDINANCE NO. 822, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER
11 (ZONING) BY ADDING A WATER SURFACE USE ZONING SECTION
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1 - That City Code Chapter 11 (Zoning) is amended to add the language as follows:
Section 11.55. Water Surface Use Zoning.
Subd.l. StatutorvAuthorization. As authorized by Minnesota Statutes 86B.201, 86B.205, and
459.20, And Minnesota Rules 6110.3000 - 6110.3800 as now in effect and as hereafter amended,
this Ordinance is enacted for the purpose and with the intent to control and regulate the use of the
waters in Shakopee, Minnesota, said bodies of water being located entirely within the boundaries of
Shakopee, to promote it fullest use and enjoyment by the public in general and the citizens of
Shakopee in particular, to insure safety for persons and property in connection with the use of said
waters; to harmonize and integrate the varying uses of said waters; and to promote the general
health, safety and welfare of the citizens of Shakopee, Minnesota.
Subd.2. Definitions. Terms used in this ordinance related to boating are defined in Minnesota
Statute 86B.OO5.
Subd. 3. Surface Zonine of Natural Environment Lakes bv Restrictine Motorized Watercraft.
A. The use of motorized watercraft (including but not limited to boats powered by inboard
and outboard motors and jet skis) is prohibited on natural environment lakes.
Subd. 4. Enforcement. The primary responsibility for enforcement of this ordinance shall rest with
the Shakopee Police Department.
Subd. 5. Exemptions. All authorized Resource Management, Emergency and Enforcement
Personnel, while acting in the performance of their assigned duties are exempt from the foregoing
restrictions.
Subd. 6. Notification. It shall be the responsibility of the City of Shako pee to provide for adequate
notification of the public, which shall include placement of a sign at each natural environment lake
outlining the provisions of this ordinance, as well as the placement of necessary signs.
Section 2. That City Code Chapter 11 (Zoning) is amended to delete the language as follows:
Section 11.54, Subd. 5.A.4.d. The use of motorized watercraft (including but not limited to boats
powered by inboard and outboard motors and jet skis) is prohibited on natural environment lakes.
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Section 3. Effective Date. This ordinance shall be in effect from and after the date of its passage
and publication.
Adopted in session of the City Council of the City of Shakopee, Minnesota held this
day of ,2009.
John 1. Schmitt, Mayor
ATTEST:
Jeanette Shaner, Deputy City Clerk
Published in the Shakopee Valley News on the _ day of ,2009.
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