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HomeMy WebLinkAbout5.A.2. Shoreland Ordinance Text Amendment-Ord. No. 822 5'.19.2-' CITY OF SHAKOPEE Memorandum COi~SEr,r CASE NO.: 09-023 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Shoreland Ordinance Text Amendment MEETING DATE: July 21,2009 REVIEW PERIOD: Proposal initiated by City staff INTRODUCTION Staff has 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 Shore land 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 Shore land 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 of the 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 Ordinaoce Amending Cha~ By Adding a Water Surface Use Zoning Section, as presented, and move its adoption. ~ ~ "' /. I Julie Klima , Planner II h:\cc\2009\07-21\09023 txt amend dnr motorized vehic1es.docx I 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 I - That City Code Chapter II (Zoning) is amended to add the language as follows: Section 11.55. Water Surface Use Zoning. Subd.1. Statutory Authorization. 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.005. Subd.3. Surface Zonin2 of Natural Environment Lakes bv Restrictin2 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. B. Natural Environment Lakes are defined by the Minnesota Regulations, Part 6120.3300 and listed in Section 11.54, Subd. 4.A.2 of the Shakopee City Code. As of June 22, 2009 natural environment lakes include the following lakes within Shakopee: Blue Lake, Dean Lake, Fisher Lake, Rice Lake and Lake ID No. 70-0080. This list may be revised based on adjustments to the City of Shakopee municipal boundaries or modifications to Minnesota Regulations defining 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 Shakopee 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 II (Zoning) is amended to delete the language as follows: 2 Section 11.54, Subd. 5.AA.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. 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 J. Schmitt, Mayor ATTEST: Jeanette Shaner, Deputy City Clerk Published in the Shakopee Valley News on the _ day of ,2009. 3 ~~ CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II RE: Text Amendment Regarding Revisions to the Shoreland Ordinance DATE: June 4, 2009 CASELOG NO.: 09-023 DISCUSSION The current version of the City's Shoreland Ordinance was adopted by the City in 1999. When the shoreland regulations were updated at that time, a provision was included which prohibited the use of motorized watercraft on Natural Environment lakes. Recently, the Minnesota Department of Natural Resources (DNR) reviewed the City's shore land 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 ofthe 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". ORDINANCE NO. XXX, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11 (ZONING) BY ADDING A WATER SURFACE USE ZONING SECTION Section I - That City Code Chapter II (Zoning) is amended to add the language as follows: Section 11.55. Water Surface Use Zoning. Subd.1. Statutory Authorization. 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 MiImesota Statute 86B.005. Subd.3. Surface Zoning of Natural Environment Lakes bv Restricting 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 Shakopee 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.AA.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. 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 J. Schmitt, Mayor ATTEST: Jeanette Shaner, Deputy City Clerk Published in the Shakopee Valley News on the _ day of ,2009. AL TERNATIVES l. Recommend approval of the text amendment to the City Council, as proposed. 2. Recommend approval of the text amendment to the City Council, with revisions. 3. Recommend denial of the text amendment to the City Council. 4. Table action on this item and direct staff to provide additional infomlation. STAFF RECOMMENDATION Staff recommends that the Plamling Commission recommend approval of the text amendment, as proposed, to the City Council (Alternative No. I). ACTION REQUESTED Offer a motion to recommend to the City Council the approval of the text amendment, as proposed, and move its adoption. ~? "/, -L / h:\boaa-pc\2009\06-04\dnr motorized vehicles text amendment 09023.docx ~ E'XHIB/T A f~innesota Department of Natural Resources IWm DNRWaters, 1200 Warner Road, St. Paul,MN 55106 Telephone: (651) 259-5845 Fax: (651)772-7977 I DEPARTMENT OF NATURAL RESOURCES April 22, 2009 Julie Klima City of Shakopee 129 Holmes Street South Shakopee, Minnesota 55379 RE: City of Shakopee Shoreland Ordinance Dear Ms. Klima: Thank you for your letter received April 8,2009 regarding decisions made on the City of Shakopee's Shoreland Ordinance. Dale Homuth and I discussed the City's plans to repeal the provision prohibiting motorized watercraft on natural environment lakes from the shoreland ordinance while simultaneously enacting the provision within the section of the City Code addressing water use. We agree that this is the best approach. Please contact Kim Elvenun, DNRBoat and Water Safety Coordinator if you have questions on water surface use zoning. Since the City ofShakopee's Shoreland Ordinance will be in compliance after removal of the above named provision, this letter may serve as a formal acceptance that the Ordinance is in substantial compliance with State Shoreland Rules. As Dale Homuth stated in his letter dated February 17, 2009, the remaining minor differences can be approved under the implementation flexibility provisions of the Shoreland Rules. As stated in previous correspondence, notices of all hearings and notices of decisions for variances, conditional uses, and amendments in shoreland areas must be submitted to me. Thank you again for your cooperation in this matter. It has been a pleasure working with you. Sincerely, ~J2QJhU~;L Jane Miersch .. a Hydrologist c: R. Michael Leek,Shakopee Community Development Director ec: Dale Homuth, Regional Hydrologist Kim Elverum, Boat and Water Safety Coordinator Mike Mueller, Shoreland Hydrologist Mndnr.gov An Equal Opportunity Employer DNR Information: 651-296-6157 1-888-646-6367 651-296-5484 1-800-657-3929