HomeMy WebLinkAbout96-097 Rezone of 3520 154th St
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CITY OF PRIOR LAKE
ORDINANCE NO. 96-26
AN ORDINANCE AMENDING SECTION 5-2-1 OF PRIOR LAKE CITY CODE AND
AMENDING SECTION 2.1 OF PRIOR LAKE ZONING ORDINANCE 83-6.
The City Council of the City of Prior Lake does hereby ordain:
The Prior Lake Zoning map, referred to in Prior Lake City Code Section 5-2-1 and Prior Lake Zoning
Ordinance No. 83-6 Section 2.1, is hereby, amended to change the zoning classification of the
following legally described property from A-I (Agriculture) and C-I (Conservation) to R-I (Suburban
Residential).
LEGAL DESCRIPTION:
That part of the Northeast Quarter of Section 34, Township 115, Range 22, Scott County, Minnesota,
described as follows: Commencing at the southwest comer of said Northeast Quarter; thence on an
assumed bearing of North 01 degrees 07 minutes 25 seconds West along the west line of said
Northeast Quarter, a distance of 1205.38 feet; thence South 72 degrees 49 minutes 00 seconds East, a
distance of 444.81 feet; thence North 84 degrees 32 minutes 58 seconds East, a distance of 60.00 feet;
thence North 80 degrees 52 minutes 06 seconds East, a distance of 253.55 feet; thence easterly and
southeasterly 224.97 feet along a tangential curve, concave to the southwest, radius 150.00 feet,
central angle 85 degrees 55 minutes 51 seconds; thence South 37 degrees 22 minutes 39 seconds
West, a distance of 598.05 feet to the point of beginning; thence North 89 degrees 50 minutes 15
seconds West, a distance of 528.61 feet to a point on said west line distant 532.19 feet north of said
southwest comer of the Southeast Quarter as measured along said west line; thence South 0 I degrees
07 minutes 25 seconds East, along said west line, a distance of 532.19 feet to said southwest comer;
thence South 89 degrees 50 minutes 47 seconds East, along the south line of said Northeast Quarter, a
distance of 497.47 feet to the intersection with a line bearing South 02 degrees 13 minutes 49 seconds
West from the point of beginning; thence North 02 degrees 13 minutes 49 seconds East, a distance of
532.40 feet to the point of beginning.
AND
That part of the Northeast Quarter of Section 34, Township 115, Range 22, Scott County, Minnesota
described as follows: Beginning at a point on the west line of said Northeast Quarter a distance of
532.19 feet north of the southwest comer of said Northeast Quarter; thence on an assumed bearing
North 01 degree 07 minutes 25 seconds West along said west line a distance of 673.19 feet; thence
South 72 degrees 49 minutes 00 seconds East a distance of 444.81 feet; thence North 84 degrees 32
minutes 58 seconds East a distance of 60.00 feet; thence North 80 degrees 52 minutes 06 seconds East
a distance of 253.55 feet; thence Easterly and Southeasterly 224.97 feet along a tangential curve,
concave to the southwest, radius 150.00 feet, central angle 85 degrees 55 minutes 51 seconds; thence
0RD9626,DOC
PAGE I
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
South 37 degrees 22 minutes 39 seconds West a distance of 598.05 feet; thence North 89 degrees 50
minutes 15 seconds West a distance of528.61 feet to the point of beginning.
AND
That part of the Northeast Quarter of Section 34, Township 115, Range 22, Scott County, Minnesota
described as follows: Commencing at the southwest corner of said Northeast Quarter; thence on an
assumed bearing of North 01 degree 07 minutes 25 seconds West along the west line of said Northeast
Quarter a distance of 1205.38 feet; thence South 75 degrees 27 minutes 35 seconds East a distance of
500.74 feet; thence North 86 degrees 34 minutes 45 seconds East a distance of 298.05 feet; thence
southeasterly 166.21 feet along a tangential curve, concave to the Southwest, radius 118.71 feet,
central angle 80 degrees 13 minutes 12 seconds to the point of beginning of the land to be described;
thence South 13 degrees 12 minutes 03 seconds East a distance of 276.35 feet; thence Southeasterly
99.87 feet along a tangential curve, concave to the East, radius 785.91 feet, central angle 07 degrees
16 minutes 50 seconds; thence South 20 degrees 28 minutes 53 seconds East a distance of 558.07 feet;
thence Southeasterly 98.91 feet along a tangential curve, concave to the West, radius 274.53 feet,
central angle 20 degrees 38 minutes 38 seconds; thence South 00 degrees 09 minutes 45 seconds West
a distance of25.00 feet to a point on the south line of said Northeast Quarter a distance of 128.00 feet
west of the southeast corner of the Southwest Quarter of said Northeast Quarter; thence North 89
degrees 50 minutes 15 seconds West along said south line a distance of 688.35 feet to a point 497.47
feet east of the southwest corner of said Northeast Quarter; thence North 02 degrees 35 minutes 46
seconds East a distance of 537.28 feet to a point 536.79 feet North of the south line of said Northeast
Quarter and 532.20 feet East of the west line of said Northeast Quarter; thence North 37 degrees 22
minutes 39 seconds East a distance of 592.1 0 feet to the point of beginning.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Councy of the City of Prior Lake this 4th day of November, 1996.
~~
Mayor
Pub Ii in the Prior Lake American on the _9th_ day of November, 1996.
Drafted By:
Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
ORD%26.DOC
PAGE 2
AGENDA #:
PREPARED BY:
REVIEWED BY:
SUBJECT:
STAFF AGENDA REPORT
~ ~~ER. PLANNING COORDINATOR
DONALD R. RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF ORDINANCE 96-26
REZONING 27 ACRES FROM THE A-1 AND C-1
DISTRICTS TO THE R-1 DISTRICT
NOVEMBER 4,1996
DATE:
INTRODUCTION:
The purpose of this item is to consider approval of
Ordinance 96-26 amending the Zoning Map on
approximately 27 acres of land located directly north of
County Road 82 (154th Street) east of The Wilds
development and directly west of Foxtail Trial from the A-1
(Agricultural) and C-1 (Conservation) Districts to the R-1
(Suburban Residential) District.
BACKGROUND:
Integrity Development, the applicant, is requesting a zone
change to the R-1 district to allow for future development of
this site. At this time, no specific plans for the property
development have been submitted, although the applicant
has indicated a potential townhouse style development for
this site. Two-family dwellings and townhouses are a
conditional use in the R-1 district, with a maximum density
of 3.5 units per acre, and a maximum coverage of 18-22
percent. Single family dwellings are also a permitted use in
the R-1 district, at a maximum density of 3.5 units per acre.
The Planning Commission held a public hearing on this
request on October 14, 1996. The Planning Commission
recommended approval of this amendment. A copy of the
Planning Commission minutes are attached to this report.
DISCUSSION:
This property was originally zoned A-1 and C-1 based on
the "Agricultural" designation on the 1982 Comprehensive
Plan. In June, 1996, the 2010 Comprehensive Plan was
adopted. Under this plan, the site in question was added to
the MUSA, and designated for Urban Low to Medium
Density Residential (R-UMD) uses. The proposed R-1
96097cc.doc
PAGE 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
REPORT
ATTACHMENTS:
96097cc.doc
district is consistent with this designation.
The criteria for granting a zoning change include the
following:
1. There was a mistake in the original zoning
2. Conditions have changed significantly since the current
zoning was adopted.
3. The Comprehensive Plan has been amended.
Any of these criteria can be used to evaluate a request for
rezoning.
The Planning staff believes that this request meets criteria
#2 and #3. The addition of this property to the MUSA is a
significant change. Furthermore, the Comprehensive Plan
has been amended to include this area in the R-UMD
designation. The proposed R-1 zoning is consistent with
that designation.
1. Adopt Ordinance 96-26 as recommended by the
Planning Commission.
2. Remove consideration of Ordinance 96-26 from the
agenda for further discussion.
3. In the event Alternative #2 is chosen, discussion may
be continued in order for staff to provide additional
information as directed by the City Council.
4. Deny Ordinance 96-26.
Adopt Alternative #1.
A motion and second to adopt Ordinance 96-26. A 4/5 vote
of the Council is required for approval of a rezoning.
1. Planning Report dated October 14,1996
2. Minutes of October 14, 1996, Planning Commission
Meeting
3. Ordinance
~
k Boyles, City Manager
~//
PAGE 2
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
Applicant:
Location of Property:
Comprehensive Plan
Designation:
Current Zoning:
Adjacent Land Use and
Zoning:
PLANNING REPORT
4A
PUBLIC HEARING TO CONSIDER A ZONE CHANGE
FROM THE A-1 (AGRICULTURAL) AND THE C-1
(CONSERVATION) DISTRICTS TO THE R-1 (SUBURBAN
RESIDENTIAL) DISTRICT
APPROXIMATELY 27 ACRES LOCATED AT THE
NORTHWEST INTERSECTION OF COUNTY ROAD 82
AND FOXTAIL TRAIL
JANE KANSIER, PLANNING COORDINATOR
DONALD R. RYE, PLANNING DIRECTOR
_X_ YES NO-N/A
OCTOBER 14, 1996
Integrity Development
James M. Halik, President
14869 Manitou Road
Prior Lake, MN 55372
This site consists of approximately 27 acres of vacant
land located directly north of County Road 82 (154th
Street) east of The Wilds development and directly west
of Foxtail Trial
This property is identified as R-L1MD (Urban Low to
Medium Density Residential) on the 2010
Comprehensive Plan. This designation provides for a
range of densities from 2.5 unites per acre (single family
detached homes) to 10 units per acre (a mix of housing
types in a Planned Unit Development).
A-1 (Agricultural) and C-1 (Conservation). The southern
portion of this site is also located within the Shoreland
District.
North: Single family dwellings on large lots, zoned C-1
and A-1
16200 ~a~~OOFAve. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (~~'h7-4245
AN EQUAL OPPORTUNITY EMPLOYER
South: Single family dwellings on large lots zoned C-1
East: Vacant land and a single family dwelling on a
large lot, zoned A-1
West: The Wilds golf course and development, zoned
PUD 9-93
Comprehensive Plan
Designation:
All of the surrounding area is designated as R-L1MD on
the 2010 Comprehensive Plan.
Streets/Access:
This site is adjacent to County Road 82 on the south
and Foxtail Trail on the east. Access to the site is off of
Foxtail Trail. The Transportation element of the
Comprehensive Plan identifies a north-south minor
collector street connection from County Road 82 to
County Road 42, which is basically an extension of
Foxtail Trail. In addition, there is an east-west street
from Wilds Parkway to Foxtail Trial shown on the plan.
Natural Features:
This site includes a large wetland, rolling terrain and
several stands of mature trees. The slope adjacent to
the wetland exceeds 20% in some areas. These
features must be addressed prior to the development of
the property through the tree preservation requirements
and the wetland, storm water and erosion control
provisions of the City Code.
Public Utilities:
Sanitary sewer and watermain service is readily
available to this site through existing mains located in
County Road 82.
ANALYSIS:
The applicant is requesting a zone change to the R-1 district to allow for future
development of this site. At this time, no specific plans for the property development
have been submitted, although the applicant has indicated a potential townhouse style
development for this site. Two-family dwellings and townhouses are a conditional use in
the R-1 district, with a maximum density of 3.5 units per acre, and a maximum coverage
of 18-22 percent.
The criteria for granting a zoning change include the following:
1. There was a mistake in the original zoning
2. Conditions have changed significantly since the current zoning was adopted.
3. The Comprehensive Plan has been amended.
96097PC.DOC
Page 2
Any of these criteria can be used to evaluate a request for rezoning.
The "Year 2000 Comprehensive Plan" for the City of Prior Lake, adopted in 1982,
designated this area as "Agricultural". The A-1 and C-1 districts are appropriate for that
designation. However, with the adoption of the 2010 Comprehensive Plan in June,
1996, this area was added to the Municipal Urban Service Area and designated as R-
UMD. The R-1 district is an appropriate zoning district for the R-UMD designation.
The Planning staff believes that this request meets criteria #2 and #3. The addition of
this property to the MUSA is a significant change. Furthermore, the Comprehensive
Plan has been amended to include this area in the R-UMD designation. The proposed
R-1 zoning is consistent with that designation.
ALTERNATIVES:
1. Recommend the City Council approve the zone change as requested.
2. Table or continue the public hearing to a date and time certain and provide the
developer with a detailed list of items or information to be provided for future
Planning Commission review.
3. Recommend denial of the application based upon specific findings of fact.
RECOMMENDATION:
Staff recommends Alternative #1
ACTION REQUIRED:
A motion recommending the City Council adopt an ordinance rezoning this property to
the R-1 district as proposed.
REPORT ATTACHMENTS:
1. Location Map
2. Zoning Map
3. Engineering Comments
4. Copy of Application
5. Copy of Hearing Notice
96097PC.DOC
Page 3
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MEMO
TO:
FROM:
DATE:
RE:
JANE KANSIER, PLANNING COORDINATOR
JOHN WINGARD, ASSISTANT CITY ENGINEER
OCTOBER 8, 1996
ZONE CHANGE REQUEST BY INTEGRITY DEVELOPMENT
The Public Works Department has completed its review of the application by Integrity
Development to rezone 27 acres of land north of County Road 82 and east of The Wilds.
The following are our review comments:
Wetlands/Storm Water Runoff
The site contains several wetlands that will need to be protected. The wetlands drain in a
southerly direction to a culvert that crosses C. R.. 82. The culvert outlets along the south
edge of C.R. 82 and then the runoff from the site drains overland approximately 200 feet
to Crystal Bay, which is a shallow bay on the north edge of Upper Prior Lake.
New development on this site will be required to provide water quality treatment ponds to
treat the storm water runoff before discharging into the wetlands.
Streets
The City's Transportation Comprehensive Plan identifies a north/south street to be
constructed through this site from C.R. 82 to C.R. 42. The street has been identified as
Fox Tail Trail and the street is included in the City's State Aid Street System. The State
Aid System identifies Fox Tail Trail to be a 36' wide urban street with 2000 ADT in year
2016.
Attached is a copy of Figure 8 from the Transportation Plan that shows the roadway
configuration of Fox Tail Trail.
Sanitary Sewer and Watermain
Sanitary sewer and watermain service is readily available to the site. A 15" trunk sanitary
sewer is located on the north side of C.R. 82 and a 16" trunk watermain is located along
the south edge of C.R. 82.
The site is within the City's MUSA Development Boundary.
L:\96REZON\96-097RZIENGCOM.DOC
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Planning Case File No. q b- 0 q 1
Property Identification No. ,;)5 -~13'f -C04-k
City of Prior Lake d~ - '1 ~+- cc<f- 7
LAND USE APPLICATION .' ;)'5- 4:)Lt- CO+ Ef
16200 Eagle Creek Avenue S.E. / Prior Lake, Minnesota 55372-1714 / Phone (612) 447-4230. Fax (612) 447-4245
Type of Application: Brief description of proposed project (attach additional
~ Rezoning, from C../ (present zonin~) sheets/narrative if desired) ~
to f.-I (proposed zonin~) ~ C'-'-v v~J-'V?:-' ./U2-,-..l~-:::tJ'
,
o Amendment to City Code, Compo Plan or City Ordinance d~~ th.
o Subdivision of Land cf7~ o7~ / Sl> - 2 !;' tJ.J 111.--,/
o Administrative Subdivision
o Conditional Use Permit
o Variance Applicable Ordinance Section(s):
I
Applicant(s): J /Vn:;- 6/2./77' De/.--' EL.-DPr>I L<:?vrr-
Address: 14gb'?) /YlAN /TUu RO, P/2/ iJl2 LA; e:. C J /V\ IV . S-5 3/2-
Home Phone: 4-~u ,. -:3 CJ CJ 0 Work Phone: 441) - 3000
Property Owner(s) [If different from Applicants]: SAfr1C=- .
Address:
Home Phone: Work Phone:
Type of Ownership: Fee _ Contract for Deed ~ Purchase Agreement ----:.
Legal Description of Property (Attach a copy if there is not enough space on this sheet): .
S~ A7"7J:\CHb-Q
To the best of my knowledge the information prodded in this application and other material submitted is correct. In
addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that
apPH:\ will nnt be prnc"se~ntH, deem~mplete by lbe PlannIng Dlmt.. or assignee.
, / (- ^.... '.r-.. 0)\,\ \ ",-L~ 0 '--~ \...J ~ - 2 L{- 9 Co
Applicant's Signatur~ . -~-, Date
~/~_/ q - ? 'I, 'II
Feepwner'~~ --- -- Date
"-
THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE
PLANNING COMMISSION APPROVED DENIED DA TE OF HEARING
CITY COUNCIL APPROVED DENIED DA TE OF HEARING
CONDITIONS:
Signature of Planning Director or Designee Date
'.
PARC~_ A
That part of the Northeast Quarter of Section 34. TownshiP 115, Range 22.
Scot t County. l1inne:ota, described as follows: CQlIulencin; at the southwest
corner of said Northeast QuArter: thenc2 on an asSumed bearing of North 01
degrees 07 minutes 2S $8ccnds West alon9 the west line of said Northeast
Quarter, a c1istanca of 120S'.38.. feet; thenc~ South n degraes 49 lIinutes 00
seconds East, a dUtanca 01 444'..81 fest: thanca North 84 degrees 32 minutes
58 seconds East, a distanca of 60.00 feet; thence North 80 degrees 32
minutes 06 seconds ,East, a distane. of ZSS.SS feet. thence easterly and
scutheasterl~ 224.'7 feet along & tangential curve, concave to the
southwest; rad1us .150.00 feat, central angle 85 degr~ 55 ainutes 51
seconds; thanes Soutb S7 . degrees 22 Jlinutes 39 seconds West, a d1s1:ancs of
596.05 feet to the point of beginning; thenes North 89 dcgraes 50 minutes
15 seconds West. a d1stanca of 528.61 feet to a pOint on said west line
distant 532.19 feet nortb of said s~uthwe$t <:orner of the Northeast Quarter
as measured along wd west Une: thenes South 01 degrees 07 linutss 25
sec:2nd~ East, along said. wast Une, a distance of 532.19 feat to said
southwest cgrneri thenc:e ~ SoutH :8,., degrees 50 ainutea 47 seconds East. along
the south line of said Northeast Quarts!". a distance of 497.47 feet to the
intersection with a line bearing South Q2 degrees 13 minutes 49 seconds
West from the point of beginning; thence North 02 degrees 13 lIinutes 49
seconds East. a distane: of 532..40 fest to the point of beginning.
. .
PAItCEL B (:Revisec1 1/17/9:L) .
'l'hat . par:. o~ 't:he Northeast Quar"..er of sec:t:ion 34,
'l'ownship US I Range 22, Sc:ci:t count'.l, Hinnesci:a c1escril:;)ed
as follows: Eleg1nn:inq at is point on the west line of
said Northeast Quartar a cl1s't:ance o~ 532.19 ~ee't nQrth of
the sou'thwesi: co::n~ of said Northeast Quarter; thence on
an assumed l=earinq of North :L deqree 07 :inui:es 25
seconds Wesi: alonq sa.id west 'line a distance of 673.19
feet: thence South 72 :c1eqrees 49 minutes 00 seconc1s East
a clistance of 444.81 feet: 'thence North 84 cleqJ:'ses 32
minutes 58 saccncls East a ciistanca of 60.00 feet; thence
Horth 80 aegrees 52 minutes 06 secQnds East a dis~ce of
253.5S feet; thence Basterly ana Southeasterly 224.97
feet along' a tang-entia! curve, CQncave to the southwesi:,
radius l50.00 faet, c:ant:=a.l anqle 85 aegrees 55 minutes
SJ. seconds; thence $eu1:h 37 clec;raes 22 minutes 39 secends
West a distance of 598. OS fest; thancs N'ore 89 c1eqrees
50 minutes 15 seconds West a distanc:s of 528.61 teet to
the point of beg-inning.
10.072 Acres
\
PARCEL G
That part of the Northeast Quarter of Section 34, Township
115, Range 22, Scott County, Minnesota described as follows:
Commencing at the southwest corner of said Northeast Quarter;
thence an an assumed bearing of North 1 degree Q7 minutes
25 seconds West along the west line of said Northeast Quarter
a distance of 1205.38 feet; thence South 75 degrees 27 minutes
35 seconds East a distance of 500.74 feet; thence North
86 degrees 34 minutes 45 seconds East a distance of 298.05
feet; thence southeasterly 166.2~ feet along a tangential
curve, concave to the Southwest, radius 118.71 feet, central
angle 80 degrees 13 minutes 12 seconds to the point of ~eginning
of the land to be described; thence South 13 degrees 12
minutes 03 seconds East a distance of 276.35 feet; thence
Southeasterly 99.87 feet along a tangential curve, concave
to the East, radius 785.91 feet; central angle 7 degrees
16 minutes 50 seconds; thence South 20 degrees 28 minutes
53 seconds East a distance of 558.07 feet;, thence Southeasterly
98.91 feet along a tangential curve, concave to the West,
radius 274.53 feet, central angle 20 degrees 38 min~tes
38 seconds; thence South 0 degrees 09 minutes 45 seconds
West a distance of 25.00 feet to a point on the south line
of said Northeast Quarter a distance of 128,00 feet west
of the southeast corner of the Southwest Quarter of said
Northeast Quarter; thence North 89 degrees 50 minutes 15
seconds West along said south line a distance of 688.35
feet to a paint 497.47 feet east of the southwest carner
of said Northeast Quarter; thence North 2 degrees 35 minutes
46 seconds East a distance of 537.28 feet to a paint 536.79
feet North of the south line of said Northeast Quarter and
532.20 feet East of the west line of said Northeast Quarter;
thence North 37 degrees 22 minutes 39 seconds East a distance
of 592.10 feet to the paint of beginning.
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NOTICE OF PUBLIC HEARING TO CONSIDER REZONING OF lAND FROM
A-1 (AGRICULTURAL) AND C-1 (CONSERVATION) TO R-1 (SUBURBAN
RESIDENTIAL) FOR THE MARK HYLAND PROPERTY
You are hereby notified that the Planning Commission will hold a public hearing
at Prior Lake Fire Station #1, located at 16776 Fish Point Road, SE (Southwest
of the intersection of CR. 21 and Fish Point Road), on Monday, October 14,
1996 at 7:00 p.m. or shortly thereafter.
The purpose of the public hearing is to consider rezoning approximately 27 acres
of vacant land located directly north of County Road 82 (154th Street), east of
The Wilds development and west of Foxtail Trail from th~ A-1 (Agricultural)
district and the C-1 (Conservation) district to the R-1 (Suburban Residential)
district.
If you desire to be heard in reference to this matter, you should attend this public
hearing. The Planning Commission will accept oral and or written comments. If
you have questions regarding this matter, contact the Prior Lake Planning
Department at 447-4230.
~o.~~
~ne Kansier, Planning Coordinator
City of Prior Lake
Mailed October 4, 1996
16200 f~grZ~ge~cAve. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQuAL OPPORTUNITY EMPLOYER
PLANNING COMMISSION MINUTES
OCTOBER 14, 1996
1.
The October 14, 96, Planning Commission meeting was called to order by Chairman
Criego at 7:05 p.m. hose present were Commissioners Wuellner tamson and Criego,
Director of Planning n Rye, Planning Coordinator Jane Kan . r and Recording
Secretary Connie Carlso
2. Roll Call:
Wuellner
Kuykendall
Stamson
V onhof
Criego
3.
Correct Jenni Tovar's
e in the first paragraph.
LLNER, SECONDED BY STAMSO
, 1996, MINUTES AS SUBMITTED.
Vote take signified ayes by Wuellner, Criego and Stamson. M
4.
Public Hearings:
Chairman Criego read the Opening Statement for Public Hearings.
rY
A. Case #96-097 NOTICE OF PUBLIC HEARING TO CONSIDER REZONING OF
LAND FROM A-I (AGRICULTURAL) AND C-I (CONSERVATION) TO R-I
(SUBURBAN RESIDENTIAL) FOR THE MARK HYLAND PROPERTY
LOCATED AT 3520 154TH STREET.
Planning Coordinator Jane Kansier presented the information from the Planning Report
dated October 14, 1996.
The applicant is requesting a zone change to the R-I district to allow for future
development of this site. At this time, no specific plans for the property development
have been submitted, although the applicant has indicated a potential townhouse style
development. Two-family dwellings and townhouses are a conditional use in the R-I
district. The criteria for granting a zoning change include the following:
MNIOI496.DOC
PAGEl
1. There was a mistake in the original zoning.
2. Conditions have changed significantly since the current zoning was adopted.
3. The Comprehensive Plan has been amended.
Any of these criteria can be used to evaluate a request for rezoning.
The "Year 2000 Comprehensive Plan" for the City of Prior Lake, adopted in 1982,
designated this area as "Agricultural". The A-I and C-l districts are appropriate for
designation. However, with the adoption of the 2010 Comprehensive Plan in June, 1996,
this area was added to the Municipal Urban Service Area and designated as R-L/MD.
The R-l district is an appropriate zoning district for the R-L/MD designation.
The Planning staff believes this request meets criteria #2 and #3. The addition of this
property to the MUSA is a significant change. Furthermore, the Comprehensive Plan has
been amended to include the area in the R-L/MD designation. Staff recommendation was
approval of the zone change as requested.
Comments from the public:
Timn Jacobs, 4883 Gettysburg Avenue, New Hope, represented Integrity Development.
Mr. Jacobs said he will be working with the Planning Staff very closely to make sure all
concerns especially the storm drainage, wetlands and tree preservation issues are met.
Kyle Schroeder, 15557 Highland Avenue, stated his concerned for the noise with the new
development. He would like some type of noise abatement with this development and
said he is willing to work with the City to resolve the noise problem. Mr. Schroeder is
not in favor of any additional development in Prior Lake until the noise issue can be
solved.
Mr. Rye said he was not aware of the process working through Scott County. (County
Road 83 is a county road.) If there is a noise issue it would have to be some type of
cooperative area with the residents, Scott County and Prior Lake. He suggested to start
with Scott County and then bring up the issue at a City Council meeting.
Tim Bothof, 15120 Foxtail Trail, said he would like to see the area remain a single family
development as opposed to a multi-family dwelling. He supported The Wilds
development and the future development of single family to the south. Mr. Bothof owns
6.4 acres and hopes his property would be changed to Rl in the future.
Tom Hoff, 15200 Foxtail Trail would also like to keep the area single family. Foxtail
Trail is a private road maintained by Mr. Bothof and himself. Mr. Hoff questioned what
will happen if his road goes public.
MNIOI496.DOC
PAGE 2
Mr. Rye explained generally when someone is developing property, the developer is
responsible for the improvements to the property. Ifthe road is not part of the
development they really can not do much with it.
Tim Bothof questioned if Wilds Parkway will come through this development. Rye
explained the proposal at this time is for a zoning change on the property.
The public hearing closed at 7:34 p.m.
Comments from the Commissioners:
Stamson:
. No comments
Wuellner:
. Consistent with the Comprehensive Plan.
. Supports the request with adequate utilities and road access for the rezoning.
Criego:
. The 20 10 Plan calls for residential area on that side of Prior Lake.
. The Metropolitan Council has approved the area for development.
. The City wants a well done development. RI is basically single family and does
allow for multi-family.
. Based on certain terrain, slopes and wetlands sometimes multi-family dwellings are
more appropriate.
MOTION BY WUELLNER, SECOND BY STAMSON, RECOMMEND TO CITY
COUNCIL THE APPROVAL OF THE 27 ACRE PARCEL ON COUNTY ROAD 82
ZONE CHANGE FROM A-I (AGRICULTURAL) AND C-I (CONSERVATION) TO
R-I (SUBURBAN RESIDENTIAL) DISTRICT.
Vote taken signified ayes by Wuellner, Stamson and Criego. MOTION CARRIED.
5.
6.
At the Septemb 23, Planning Commissi meeting, one of the agenda items dealt with
the expansio of the Redevelopment Districts ntaining the Downtown area and
Priordale all. During the discussion, Commissl'er Kuykendall expressed concern over
MN101496.DOC
PAGEl
CITY OF PRIOR LAKE
ORDINANCE NO. 96-26
AN ORDINANCE AMENDING SECTION 5-2-1 OF PRIOR LAKE CITY CODE AND
AMENDING SECTION 2.1 OF PRIOR LAKE ZONING ORDINANCE 83-6.
The City Council of the City of Prior Lake does hereby ordain:
The Prior Lake Zoning map, referred to in Prior Lake City Code Section 5-2-1 and Prior Lake Zoning
Ordinance No. 83-6 Section 2.1, is hereby amended to change the zoning classification of the
following legally described property from A-I (Agriculture) and C-1 (Conservation) to R-1 (Suburban
Residential).
LEGAL DESCRIPTION:
That part of the Northeast Quarter of Section 34, Township 115, Range 22, Scott County, Minnesota,
described as follows: Commencing at the southwest corner of said Northeast Quarter; thence on an
assumed bearing of North 01 degrees 07 minutes 25 seconds West along the west line of said
Northeast Quarter, a distance of 1205.38 feet; thence South 72 degrees 49 minutes 00 seconds East, a
distance of 444.81 feet; thence North 84 degrees 32 minutes 58 seconds East, a distance of 60.00 feet;
thence North 80 degrees 52 minutes 06 seconds East, a distance of 253.55 feet; thence easterly and
southeasterly 224.97 feet along a tangential curve, concave to the southwest, radius 150.00 feet,
central angle 85 degrees 55 minutes 51 seconds; thence South 37 degrees 22 minutes 39 seconds
West, a distance of 598.05 feet to the point of beginning; thence North 89 degrees 50 minutes 15
seconds West, a distance of 528.61 feet to a point on said west line distant 532.19 feet north of said
southwest corner of the Southeast Quarter as measured along said west line; thence South 01 degrees
07 minutes 25 seconds East, along said west line, a distance of 532.19 feet to said southwest corner;
thence South 89 degrees 50 minutes 47 seconds East, along the south line of said Northeast Quarter, a
distance of 497.47 feet to the intersection with a line bearing South 02 degrees 13 minutes 49 seconds
West from the point of beginning; thence North 02 degrees 13 minutes 49 seconds East, a distance of
532.40 feet to the point of beginning.
AND
That part of the Northeast Quarter of Section 34, Township 115, Range 22, Scott County, Minnesota
described as follows: Beginning at a point on the west line of said Northeast Quarter a distance of
532.19 feet north of the southwest corner of said Northeast Quarter; thence on an assumed bearing
North 01 degree 07 minutes 25 seconds West along said west line a distance of 673.19 feet; thence
South 72 degrees 49 minutes 00 seconds East a distance of 444.81 feet; thence North 84 degrees 32
minutes 58 seconds East a distance of 60.00 feet; thence North 80 degrees 52 minutes 06 seconds East
a distance of 253.55 feet; thence Easterly and Southeasterly 224.97 feet along a tangential curve,
concave to the southwest, radius 150.00 feet, central angle 85 degrees 55 minutes 51 seconds; thence
ORD9626.DOC
PAGE I
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
"
South 37 degrees 22 minutes 39 seconds West a distance of 598.05 feet; thence North 89 degrees 50
minutes 15 seconds West a distance of 528.61 feet to the point of beginning.
AND
That part of the Northeast Quarter of Section 34, Township 115, Range 22, Scott County, Minnesota
described as follows: Commencing at the southwest comer of said Northeast Quarter; thence on an
assumed bearing of North 01 degree 07 minutes 25 seconds West along the west line of said Northeast
Quarter a distance of 1205.38 feet; thence South 75 degrees 27 minutes 35 seconds East a distance of
500.74 feet; thence North 86 degrees 34 minutes 45 seconds East a distance of 298.05 feet; thence
southeasterly 166.21 feet along a tangential curve, concave to the Southwest, radius 118.71 feet,
central angle 80 degrees 13 minutes 12 seconds to the point of beginning of the land to be described;
thence South 13 degrees 12 minutes 03 seconds East a distance of 276.35 feet; thence Southeasterly
99.87 feet along a tangential curve, concave to the East, radius 785.91 feet, central angle 07 degrees
16 minutes 50 seconds; thence South 20 degrees 28 minutes 53 seconds East a distance of 558.07 feet;
thence Southeasterly 98.91 feet along a tangential curve, concave to the West, radius 274.53 feet,
central angle 20 degrees 38 minutes 38 seconds; thence South 00 degrees 09 minutes 45 seconds West
a distance of 25.00 feet to a point on the south line of said Northeast Quarter a distance of 128.00 feet
west of the southeast comer of the Southwest Quarter of said Northeast Quarter; thence North 89
degrees 50 minutes 15 seconds West along said south line a distance of 688.35 feet to a point 497.47
feet east of the southwest comer of said Northeast Quarter; thence North 02 degrees 35 minutes 46
seconds East a distance of 537.28 feet to a point 536.79 feet North of the south line of said Northeast
Quarter and 532.20 feet East of the west line of said Northeast Quarter; thence North 37 degrees 22
minutes 39 seconds East a distance of 592.10 feet to the point of beginning.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 4th day of November, 1996.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the _ day of
,1996.
Drafted By:
Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
0RD9626.DOC
PAGE 2
Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Schenck, the
motion carried.
Consider Approval of Resolution 96-108 Denying an Appeal by MariSVariance
Sto1cers of the Decision of the Planning Commission to Deny a Variance. Denail
-
. Planning Director Rye explained that in August the Planning Commission
held a Public Hearing on a variance request to allow construction of a 10 x
20 foot house addition. The Planning Commission considered the item,
and prepared 96-26 PC, a resolution of denial, because reasonable use of
the property could be obtained, there was no demonstrable hardship, and
legal alternatives were available. The staff recommendation is that the City
Council uphold the findings of the Planning Commission and adopt
Resolution 96-108 denying the requested variance.
. Mayor Andren recognized Maris Sto1cers. He felt that the terms were very
subjective, and that in a previous hearing, he submitted numerous photos of
those decks which were not in noncompliance with the 75 foot setback. He
wanted to know where he could go from here in the appeal process.
. City Attorney Pace indicated that he could pursue this in the courts if he
wanted to, but would have to show that the City acted arbitrarily and
capriciously.
. Councilmember Kedrowski said that he would not support a zero setback
from the lake.
. Councilmember Schenck concurred.
. , City Attorney Pace explained that there was no hardship because there was
already reasonable use of the property.
. Councilmember Greenfield said he would not support the appeal, since he
thought it was not safe.
. Mayor Andren said she agreed with the DNR, that this was counter to the
intent of Shoreland zoning.
MOTION GREENFIELD SECOND KEDROWSKI TO APPROVE
RESOLUTION 96-108 DENYING A VARIANCE APPEAL BY MARIS
STOLCERS.
Upon a vote, ayes Andren, Greenfield, Kedrowski, and Schenck, the
motion carried.
~C.
f\
Consider Approval of Ordinance 96-26, Rezoning 27 Acres from the A-I
and C-l Districts to the R -1 District.
MN11496.DOC
3
MNl1496.DOC
. Planning Di~ector Rye reviewed the agenda report. He explained the
purpose of the zone change to R-l would be to provide for future plans for
development. The Planning Commission recommended approval of
Ordinance 96-26.
. Councilmembers Kedrowski, Greenfield, and Schenck concurred support
of the ordinance.
. The Mayor mentioned a noise concern of a resident evidenced in the
minutes of the Public Hearing.
. Planning Director Rye explained that the resident wanted to know if as part
of this area development, the noise issue in the resident's area could be
dealt with. He said they couldn't really tie the two issues together (the
zoning change and the noise issue). The road concerned is County Road
82, so any noise mitigation would have to do with the County. It was
suggested that he contact the County first.
MOTION BY KEDROWSKI SECONDED BY GREENFIELD TO
APPROVE ORDINANCE 96-26, REZONING 27 ACRES FROM A_I0rdinance 9626
AND C-l TO R-l DISTRICT.
Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Schenck, the
motion carried.
D.
Consider Approval of Resolution 96-107 Amending the Preliminary Plat
for Eagle Villas from a Density of 40 Units to a density of 45 units.
.
City Manager Boyles reviewed the agenda report. Grading costs were
higher than anticipated, necessitating an increase in buildings by the
developer. An issue of storm water costs is included as one of the issues.
The revisions in 96-107 were recommended for adoption by the City
Council.
.
Planning Coordinator Kansier explained that a preliminary plat was
adopted in the spring with resolution 96-56 having several conditions, one
which adopted grading, and utility plans that showed 40 units on the site.
The developer wanted to add five units, so the grading plan was revised to
show 45 units. This change in units affected the grading of the property.
Additional utility connections will be needed. The zoning requirements
have been met and the engineering concerns are addressed in Resolution
96-107.
.
Councilmember Greenfield asked for clarification on the wetland setbacks.
.
Planning Coordinator Kansier explained that there were four buildings
three adjacent to the creek. There have been improvements to stream, and
it is no longer considered a wetland, so setback is not a factor. There is a
4
PUBLIC HEARING
Conducted by the Planning Commission
f~9h-097- ~ ~
. . I~;'~ q~AJdqJfNuJ-
The Planning Commission selcomes your comments in this matter. In fairness to all who
choose to speak, we ask that, after speaking once, you allow everyone else to speak
before you address the Commission again and limit your comments to clairification or
new information. Please be aware this is the principal opportunity to provide input
on this matter. Once the public hearing is closed, further tesitmony or comment will
not be possible except under rare conditions. The City Council will not hear
additional testimony when it considers this matter. Thank you.
ATTENDANCE-PLEASE PRINT
PHLIST.DOC
PAGE 1
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~~(S~O\yJ[~~ ~
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Planning Case File No. q,(,- 091
Property Identification No. d5 #&)34-co'i--~
City of Prior Lake crS - ~ ~ Cd-t-7
LAND USE APPLICATION '?''S- ,.,4- 00'4- 8'
16200 Eagle Creek Avenue S.E. / Prior Lake, Minnesota 55372-1714 / Phone (612) 447-4230, Fax (612) 447-4245
Type of Application: Brief description of proposed project (attach additional
on Rezoning, from C - I (present zonm!:) sheets!, narrative if desired) . / .-J,. _/7
""\ to=---a.:..l (proposedzonm!:) or/~ ~ ~
o Amendment to City Code, Compo Plan or City Ordinance ~ -4.
o Subdivision of Land ~ tJ7~ /5"1> - Z 1>"; rtrP
o Administrative Subdivision
o Conditional Use Permit
o Variance Applicable Ordinance Section(s):
Applicant(s ):
Address:
Home Phone:
4~e-J IV\N. 5?S3fL-
/)-3000
Property Owner(s) [If different from Applicants]:
Address:
Home Phone:
Type of Ownership:
SAMe;
Work Phone:
Fee _ Contract for Deed -X- Purchase Agreement
Legal Description of Property (Attach a copy if there is not enough space on this sheet):
SE:l=" ~GJ4~
q,c,/rtfj
Date
THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE
PLANNING COMMISSION
CITY COUNCIL
APPROVED
APPROVED
DENIED
DENIED
DATE OF HEARING
DATE OF HEARING
CONDITIONS:
Signature of Planning Director or Designee
Date
-'.'. .~..-.-
RECEIPT
\10
. :.1_
2913~1
q-O-AlJ-L1b
DATE
CITY 0 F
PRIOR LAKE
16200 EAGLE CREEK AVE. S.E., PRIOR LAKE, MN 55372
Rece;ved of 4~t~ ))ewlDfllJP-t:ct-'; Jlit1"
whose address and/or ega I ~escr i pt ion is .
the sum ;;1t\JO'~11MLd~~~'v J'V1u>>.
for the purpose of
~Iu"'~ C:l -to e.-T ~V ~ ,~ M
35d-O I ri-f-1h ~+t ,I
~(Ldi -#/ C1t;;- [f) 7
do I I ars
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Reference Invoice No.
&iU~iL fjVJ2~ /
Receipt Clerk for th~/City of Prior Lake
$ d5"~ ,oD
PARCEL $-
That part of the Northeast Quarter of Section 34. TownshiP 115. Range 22.
Scott County. "lnnesota. described as follows: eo..anc!n; at the southwest
corner of said Northeast Quarter: thence on an asiuaed bearing of North 01
degrees 07 minutes 25 seconds West along the west 11ne of said Northeast
Quarter, a distanca of 1205'.38-, feet; thence South 72 decJree8 49 .1nutes 00
seconds East. a distance of 444'.81 feet; thence North 84 degrees 32 aainutes
58 seconds East, a distance of 60.00 feeti thence North 80 degrees 52
minutes 06 seconds ,East, a distAnCe of 253.55 feet. thence easterly and
8outheasterl~ 224.'7 feet along I tangential curve, concave to the
southwest; radlws .150.00 feet. central angle 85 degrees 55 a1nutes 51
seconds: thence South 31,degrees 22 a1nutes 39 seconds West. a distance of
598.05 feet to the point of beginning, thence North 8' dosraes 50 adnutes
15 seconds West. a distance of S28.61 feet to a point on said "Bst 11ne
distant 532.19 feet north of said southwest corner of the Northeast Quarter
as measured along 8&1d west 11ne: thence South 01 degrees 07 .u.nutes 25
aecond~ East, along sGd. west Une, a distance of 532.19 feat to said
southwest corner; thence: Soutli :89' degrees 50 ainutes 47' seconds East. along
the south line of said Northeast Quarter. a distance of 491.47 feet to the
intersection with a line bearing South 02 degrees 13 linutes .9 seconds
West fro. the point of beginning; thence North 02 degrees 13 .1nutes 4'
seconds East. a distance of !S2~40 feet to the point of beginning.
. .
PAltCZL B (RevisG4 1/17/91) ,
'rhat , pare of the Northeast Quarter of section 34 ,
Township 115, Range 22, Sco1:t county, Hinnesota described
as follows: 13eg1md.nq at a paint: on 'the west line of
said Northeast: Qwu:t::er a dis't:ance o~ 532.19 feet north of
the southwest co=er of said Northeas't Quarter; t:hence on
an assumed ):)earing of Horth 3. clegree 07 m.inui:es 25
seconds Wes't alcnq said west "line a dis'tance of 673.19
feei: 7 thence South 72 ;4eqrees 49 minu1:es 00 seconds East
a distance ot 444.81 fee't: thence North 84 desrees 32
minutes 58 seconds East a cUstanca at 60.00 feet; thence
North 80 degrees 52 minutes 06 seconds East a disi:ance of
253.55 fee1:: 'thence Bas'terly and Southeasterly 224.97
feet along' a 1:anqentj,al curve, concave 1:c the sQui:hwest,
radius 150.00 f$ei:, c~t:ral anqle 85 degrees 55 minutes
Sl seconcls: thmide seu1:h 37 d.ec;rees 22 minutes 39 secondS
West a dis'tance of 598.05 feet 7 thence Harth 89 degrees
50 minutes lS aecends West a distance of 528.61 teet to
the point of beqinninq.
10.072 Acres
PARCEL G
That part of the Northeast Quarter of Section 34, Township
115, Range 22, Scott County, Minnesota described as follows:
Commencing at the southwest corner of said Northeast Quarter;
thence on an assumed bearing of North 1 degree Q7 minutes
25 seconds West along the west line of said Northeast Quarter
a distance of 1205.38 feet; thence South 75 degrees 27 minutes
35 seconds East a distance of 500.74 feet; thence North
86 degrees 34 minutes 45 seconds East a distance of 298.05
feet; thence southeasterly 166.21 feet along a tangential
curve, concave to the Southwest, radius 118.71 feet, central
angle 80 degrees 13 minutes 12 seconds to the point of beginning
of the land to be described; thence South 13 degrees 12
minutes 03 seconds East a distance of 276.35 feet; thence
Southeasterly 99.87 feet along a tangential curve, concave
to the East, radius 785.91 feet; central angle 7 degrees
16 minutes 50 seconds; thence South 20 degrees 28 minutes
53 seconds East a distance of 558.07 feet; thence Southeasterly
98.91 feet along a tangential curve, concave to the West,
radius 274.53 feet, central angle 20 degrees 38 min~tes
38 seconds; thence South 0 degrees 09 minutes 45 seconds
West a distance of 25.00 feet to a point on the south line
of said Northeast Quarter a distance of 128,00 feet west
of the southeast corner of the Southwest Quarter of said
Northeast Quarter; thence North 89 degrees 50 minutes 15
seconds West along said south line a distance of 688.35
feet to a point 497.47 feet east of the southwest corner
of said Northeast Quarter; thence North 2 degrees 35 minutes
46 seconds East a distance of 537.28 feet to a point 536.79
feet North of the south line of said Northeast Quarter and
532.20 feet East of the west line of said Northeast Quarter;
thence North 37 degrees 22 minutes 39 seconds East a distance
of 592.10 feet to the point of beginning.
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AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOTT )
)ss
STATE OF MINNESOTA)
of the City pflrior Lak~Ounty of Scott, State of
Minnesota, being dul sworn, says on the ~ day of 11~, 1996, she served
the attached list of persons to have an interest in the ~1))evdbf~~
3'S02() /9f1h $; "-#-C)f,-pQ7 , by maihng t them a copy thereof,
enclosed in an envelope, postage prepaid, and be depositing same in the post office at
Prior Lake, Minnesota, the last known address of the parties.
Subscribed and sworn to be this
_day of ,1996.
NOTARY PUBLIC
MAILAFFD.DOC
PAGB
NOTICE OF PUBLIC HEARING TO CONSIDER REZONING OF LAND FROM
A-1 (AGRICULTURAL) AND C-1 (CONSERVATION) TO R-1 (SUBURBAN
RESIDENTIAL) FOR THE MARK HYLAND PROPERTY
You are hereby notified that the Planning Commission will hold a public hearing
at Prior Lake Fire Station #1. located at 16776 Fish Point Road, SE (Southwest
of the intersection of CR. 21 and Fish Point Road), on Monday, October 14,
1996 at 7:00 p.m. or shortly thereafter.
The purpose of the public hearing is to consider rezoning approximately 27 acres
of vacant land located directly north of County Road 82 (154th Street). east of
The Wilds development and west of Foxtail Trail from the A-1 (Agricultural)
district and the C-1 (Conservation) district to the R-1 (Suburban Residential)
district. The property is legally described as follows:
See attached Exhibit A for a complete legal description.
If you desire to be heard in reference to this matter. you should attend this public
hearing. The Planning Commission will accept oral and or written comments. If
you have questions regarding this matter, contact the Prior Lake Planning
Department at 447-4230.
Jane Kansier, Planning Coordinator
City of Prior Lake
To be published in the Prior Lake American on Saturday, September 28. 1996.
96097PN.DOC
16200 Eagle Creek Ave. S.L Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTCNITY EMPLOYER
NOTICE OF PUBLIC HEARING TO CONSIDER REZONING OF lAND FROM
A-1 (AGRICULTURAL) AND C-1 (CONSERVATION) TO R-1 (SUBURBAN
RESIDENTIAL) FOR THE MARK HYLAND PROPERTY
You are hereby notified that the Planning Commission will hold a public hearing
at Prior Lake Fire Station #1, located at 16776 Fish Point Road, SE (Southwest
of the intersection of CR. 21 and Fish Point Road), on Monday, October 14,
1996 at 7:00 p.m. or shortly thereafter.
The purpose of the public hearing is to consider rezoning approximately 27 acres
of vacant land located directly north of County Road 82 (154th Street), east of
The Wilds development and west of Foxtail Trail from the A-1 (Agricultural)
district and the C-1 (Conservation) district to the R-1 (Suburban Residential)
district.
If you desire to be heard in reference to this matter, you should attend this public
hearing. The Planning Commission will accept oral and or written comments. If
you have questions regarding this matter, contact the Prior Lake Planning
Department at 447-4230.
~Q.~~
~ne Kansier, Planning Coordinator
City of Prior Lake
Mailed October 4, 1996
16200 ~~grJ~EPe~cAve. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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NEW ABSTRACTS
CONTINUATIONS
CLOSING SERVICE
REGISTERED PROPERTY ABSTRACTS
TITLE INSURANCE
RECORDING SERVICE
SCOTT COUNTY ABSTRACT AND TITLE, INC.
223 HOLMES STREET, P.O. BOX 300 SHAKOPEE, MINNESOTA 55379
David Moonen and Dale Kutter
Telephone: (612) 445-6246
FAX: (612) 445-0229
September 24, 1995
Integrity Development
14869 Manitou Road
Prior Lake, MN 55372
To Whom it may concern:
According to the 1996 tax records in the Scott County Treasurer's office,
the following persons are listed as the owners of the property which lies
within 350 feet of the following described property:
See Exhibit "A" attached hereto.
GEORGE R & CARLEEN M WEST
3834 MARSH ST NW
PRIOR LAKE MN 55372
MICHAEL E & CHRIS M VOZA
3795 MARSH ST NW
PRIOR LAKE MN 55372
BRADLEY D DYBDAHL
3816 MARSH ST
PRIOR LAKE MN 55372
CYNTHIA BRINKMAN
15570 HIGHLAND AVE
PRIOR LAKE MN 55372
MICHAEL & LYNETTE NICKELSON
3796 MARSH ST NW
PRIOR LAKE MN 55372
MARIE R RIVARD
15532 SKYLINE AVE NW
PRIOR LAKE MN 55372
JAMES D CARLSON
3782 MARSH ST NW
PRIOR LAKE MN 55372
SHAMROCK RECREATIONAL PROP INC
3200 MAIN ST STE 300
COON RAPIDS MN 55448
PAUL G & CAROL I PETERSMEYER
3776 MARSH ST NW
PRIOR LAKE MN 55372
RESTAN LLC
2500 WILDS PKWY NW
PRIOR LAKE MN 55372
DALE B & DEBRA DTRIBBY
15541 HIGHLAND AVE W
PRIOR LAKE MN 55372
DOUGLAS D & BARBARA J KUPER
3810 154TH ST NW
PRIOR LAKE MN 55372
KYLE C & BARBARA J SCHROEDER
15557 HIGHLAND AVE NW
PRIOR LAKE MN 55372
THOMAS A & KAREN M HOFF
15200 FOXTAIL TR NW
PRIOR LAKE MN 55372
Page 1 of 2
MEMBER MINNESOTA LAND TITLE ASSOCIATION
AGENT FOR CHICAGO TITLE INSURANCE COMPANY
MARY JANE HERRING
15120 FOXTAIL TRL NW
PRIOR LAKE MN 55372
MARTHA S HOOVER
4864 ASPEN DR
SAVAGE MN 55378
STANLEY A & MARY HODGSON TRUST
2921 E VINA DEL MAR
ST PETERSBURG BEACH FL 33706
WENSMANN REALTY
3312 151 ST W
ROSEMOUNT MN 55068
KEVIN R STOCKE
15540 DRAKE AVE NW
PRIOR LAKE MN 55372
TIM:YI'HY L & DAPHNE D RUED
15512 DRAKE AVENW
PRIOR LAKE MN 55372-1637
LEROY M & KAREN L BOHNSACK
15611 DRAKE AVE NW
PRIOR LAKE MN 55372
JON M & JILL LUNDE
PO BOX 332
PRIOR LAKE MN 55372
THOMAS J & MICHAELA F DALSIN
3620 154 ST NW
PRIOR LAKE MN 55372
ROMAN & BARBARA KOHOUT
3600 154 ST NW
PRIOR LAKE MN 55372
Ui7~~
avid E. Moonen
President
Page 2 of 2
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PARCEL ~
That part of the Northeast Quarter of section 34. TownshiP 115. Range 22.
scot t County. nlnnesota. described as fol101ll.= eo..encine at the southwest
corner of said Northeast Quarter: thence on an as8uaed bearing of North 01
degreea 07 ainutea 25 seconds lIest along the west line of said Northeast
Quarter. a dista1JC8 of 1205'.38-, feet; thence South 72 degrees 49 II1nutes 00
aeconds East. a dietance of 444.m. feet; thence North 84 degra.. 32 lllinutes
58 seconds East, a d1stanc8 of 60.00 feat; thence North 80 degrees 52
IIinutes 06 seconds ,East, a cI1sta~ of 253..55 feeU thence easterly and
southeasterl)' 224.91 feet along I tangent1&1 curve, concaue to the
southwest,' radIus ,150.00 feet. central angle 85 degrees 55 81111&t88 51
seconds; thence South 37 ,degrees 22 ainutes 39 seconds West, a d1stance of
598.05 feet to the point of beginning; thence North 89 degre_ 50 IIinutes
15 seconds West, a d1stam:e of 528.61 feet to a point on said ..nt line
distant 532.19 feet north of said sOllthwest corner of the Northeast Quarter
as measured along said west Un.: thence South 01 degrees 07 1Il1llltes 25
seconde East. along S~di'''ui Una. a distance of 532.19 feet to said
southwest corner; thenae;Sdutli :89' degrees 50 ainutes 47 seconds East, along
the south Une of said Northeast Quarter. a distance of 497.47 feet to the
intersection with a Une bearing South 02 degrees 13 rainutea 49 seconds
Illest froll the point of beginning; thence North 02 degrees 13 .lnutes 49
seconds East. a distanc~ of 532.~ feet to the point of begin~ill9.
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PARCEL B (RavisGe! 1/17/91) .
'n1at . part. o~ 'the Northeast Quarter o:f sect:1on 34,
Township 115, Range 22, Scot:t county, Hinnesota described
as follows: Beqimd.nq at a po:Lni: on 1:he west line of
said N'ortheasi: Quarter a distance o~ 532.19 feet DQrth of
the southwes't co=er of said Northeast: Qwl.2:'te3:7 thence on
an assumed ]:)earinc:r of Horth :1. degree 07 minu1:es 25
seconds West along aaLd west 'line a diS'tanCB of ~73 .19
fee1:: thence South 72 'degrees 49 minu1:es 00 seconds East
a distance of 444.81 feet: thence Nort:h 84 degrees 32
minutes 58 seconds Eut a cU.stance of 60.00 feet; thence
North 80 degrees 52 minutes 06 secondS Bast a d1s1:ance of
253.55 feet; 'thence Basterly and Southeasterly 224. 97
feet along' a 1:an~t1aJ. cw:ve, concave 1:0 the soui:hwes't,
radius 150.00 t.eet, c~tral angle 85 degrees 55 minutes
Sl seconds; thence s6u1:h 37 clegrees 22 minutes 39 secondS
West a distance ot 598.05 :feet: thence North 89 clegrees
50 minutes 15 seconds Wes~ a distance o:f 528.61 feet: to
'the poi.ni: of ):)eqinninq.
10.072 Acres
EXH19T" A "PAaE ') OF -z. · G "
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PAR~ G
That part of the Northeast QIlarter of Sec:t:Lon '34, T01lIn.h1P 12.5, Range 22,
Scott county, n:LD1Iesota, desc'r'1bed as fol10...: Coaaenc:Ln9 at the southwest
corner of said Northeast Gurter; thance on an assumed bearing of North 01
degrees 01 lI:Lnutes 2S seconds W..t along the west Une of said Northeast
Quarter a distance of 1205.38 feet; thence South 72 degrees 49 dnutes 00
seoonds East a distance of 444..81 feeU thence North 84 de1Jrees 32 lli.nutes
58 seconds East. a distance of 60.00' feet; thence North 80 degrees 52
minutes 06 seconds East, a. distance of 253.55 feet; thence easterly and
southeasterly 224.'1 feet along a tangential curve, concave to the
southwest, radius 150..00 feet. central angle 85 degrees 5S IIinutes 51
seconds; thence South 31 degrees 22 Bnutes 3' seconds west, a distance of
5'8.05 feet to the point of beginningS thence North 37 degrees 22 mnntes
39 seconds East. a di$tance 01 598~05 feeU thence South 13 degrees 12
minutes 03 seconds EDt. a distance of 216.35 feeU thana- southeasterlY,
".81 feet, along a tangent1a! curve, conca"e to the nartheast, radius
785.'1 feet and a central angle of ,07 degrees 16 IIinutes 50 seconds: thence
South 20 degrees 28 lIinutes 53 .conds East, tangent ta'last described
curve, a diatance of 558.07 fests thence southeasterl)', '8.4)1 f.et. along a
tangential curve, concave to the ~outhw8St, radius 274.53 feet and a
central angle of ZQ degrees 38 II1nutes 38 seconds; thence South 00 degrees
09 minutes 45 seconds West. tangent to last described curve, a distance of
24.81 feet to the south Une of said Northeast auarter~ thence North 89
degrees so II1nutes 41 seconds west, along said south 11ne. ~ distance of
688.35 feet to the intersection ..ith a Une bearing South 02 degrees 13
minutes 49 seconds West :froa the .point of beginningS thence North 02
degrees 13 IDinutes 49 seconds East, a distance of 532.40 feet to the point
of beginning.
EXHiefT" f\ .. D~~ h. 7.....
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FROM:
RE:
Pat Lynch, Department of Natural Resources
Brad Larson, Scotty County Highway Engineer
Jane Kansier, City of Prior Lake Planning Coordinator
Zone Change Request by Integrity Development (Case
File #96-097)
TO:
DATE:
September 30, 1996
Integrity Development has filed an application for a zone change on
approximately 27 acres of vacant land located directly north of CR 82 (154th
Street), east of The Wilds development and west of Foxtail Trail. They are
requesting a rezoning from the A-1 (Agricultural) and C-1 (Conservation) districts
to the R-1 (Suburban Residential) district.
The Planning staff has determined the application is complete. This item is
scheduled for a public hearing at the October 14, 1996, Planning Commission
meeting.
Please review the attached application and materials. We appreciate your input.
Please submit any written comments you may have to me by October 8, 1996.
96097ref.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
MEMORANDUM
TO:
FROM:
RE:
Development Review Committee Members
Jane Kansier, Planning Coordinator ,CXifV
Zone Change Request by Integrity Dev~pment (Case
File #96-097)
DATE:
September 30, 1996
Integrity Development has filed an application for a zone change on
approximately 27 acres of vacant land located directly north of CR 82 (154th
Street), east of The Wilds development and west of Foxtail Trail. They are
requesting a rezoning from the A-1 (Agricultural) and C-1 (Conservation) districts
to the R-1 (Suburban Residential) district.
The Planning staff has determined the application is complete. This item is
scheduled for a public hearing at the October 14,1996, Planning Commission
meeting.
Please review the attached application and materials for the DRC meeting on
October 3, 1996. Any written comments you may have are due to me by
October 8, 1996.
16200 Eagle Cr~~R9Actr~:dg~., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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MEMORANDUM
TO:
Timn Jacobs
Development Review Committee Members
Jane Kansier, Planning Coordinator
Prior Lake Townhouse Development Proposal
FROM:
RE:
DATE:
September 19, 1996
On September 19, 1996, the Prior Lake Development Review Committee
discussed a proposal for a townhouse development on the property located on
the north side CR 82, west of Foxtail Trail and east of the Wilds. The following is
a summary of the discussion about this proposal.
. The property consists of :!:26 acres of vacant land. There is an existing
wetland on this property.
Zoning/Comprehensive Plan
. The property is currently zoned A-1 (Agricultural) and C-1 (Conservation).
The southern half of the property is also within the SD (Shoreland) district.
. The Comprehensive Plan identifies this area as Urban Low to Medium
Density Residential. The proposed R-1 zoning is consistent with this
designation.
. The density of the project, as shown, is 2.6 units per gross acre of land. The
Zoning Ordinance requires that density be calculated based on buildable
land. In this case the wetland will have to be removed to determine density.
. Allowable density in the R-1 district is 3.5 units per acre. A planned unit
development is required for any density greater than 3.5 units per acre.
. The R-1 district allows a maximum lot coverage of 18% for a townhouse
development.
. The proposed use (twinhomes and townhouses) requires a conditional use
permit or a PUD, depending on density.
. Information to be submitted during later development stages (platting and/or
CUP) include a Tree Preservation Plan and a tree inventory. Another issue
which must be addressed is the slopes in excess of 20 percent. The City
Code discourages development on these slopes.
Parkland and Trails
. A cash dedication in lieu of land will be required to meet parkland dedication.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
. Trails and sidewalks should be provided within the development. A sidewalk
along Foxtail Trial, from CR 82 to Wilds Parkway, must be provided. A
sidewalk along the cul-de-sac should also be provided. We will determine if
this sidewalk should connect to CR 82 during platting.
Engineering
. The wetlands on the site must be delineated.
. Stormwater detention and management on this site must be addressed. The
DNR will also be involved in any change to the wetland.
. The responsibility for construction of the street will be determined at the
platting stage and covered under a developer's agreement. Foxtail Trail
must connect with Wilds Parkway.
. A 55' wide right-of-way is required. The street should be off-set to provide for
the sidewalk.
. There is a 12' sewer trunk main running through this property. The location
of this main must be determined, since it will affect building locations.
Process
. The first step in this development is to rezone the property. This requires a
public hearing by the Planning Commission and final review and approval by
the Council.
. Once the property is rezoned, applications for either a conditional use permit
or planned unit development, and a preliminary plat may be filed.
jacobs2.doc
Page 2
.~
DEVELOPMENT REVIEW COMMITTEE MEMO
TO:
FROM:
DATE:
RE:
Development Review Committee Members
Jane Kansier, Planning coordinato~
September 17, 1996
Timn Jacobs Townhouse Development
Proposal
Timn Jacobs has requested a meeting with the DRC to discuss a proposed townhouse
development on the property located just east of the Wilds along CR 82. The following
is some basic information about this proposal.
Location:
This property is located on the north side of CR 82, west of Foxtail
Trail and east of the Wilds.
261: acres
Urban Low to Medium Density Residential (allows densities up to
10 units per acre with a PUD and a mix of housing styles)
A-1 and C-1 - SeLJM ~ JA 2Jl)
The proposal shows a townhouse development, consisting of 2-
and 3-unit buildings. There are a total of 69 units, with an overall
density of 2.6 units per acre.
Sjn;.
Comprehensive
f.lgffi
Zoning:
Proposal:
At this time, due to the lack of specific information, our comments should primarily
consist of major concerns with this type of development at this location. We may also
wish to discuss the proper procedures for this type of development.
Attached:
1. Location Map
2. Concept Plan
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OCT-11-96 FRI 13:23
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SCOTT COUNTY
PUBLIC WORKS AND LANDS DIVISION
HIGHWAY DEPARTMENT
600 COUNTRY TRAIL EAST
JORDAN, MN S5352~9339
(612) 496.8346
Fax: (612) 4~6-8J65
GARY L. CUNNINGHAM
COUNTY ADMINISTRATOR
8RAD LARSON
ASSOCIA TE ADMINISTRATOR
FAX INFORMaTION & COVER SHEET
DATE:
10- II
DELIVER THE INFORKAT~ON TO:
-To..ne.
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44'~LI')~O
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NAME :
COMPANY/DEPARTMBNT:
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PAX NUMBER.:
PHONE NUMBBR:
TOTAL Nt1MBER OF PAGES (INCLUDING COVER PAGE): ~
FROM:
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COMPANY/DEPARTMENT:
HIGHWAY DEPARTMENT
PHONE N"UMBER:
(612) 496-8346
RETURN PAX NUMBER:
(612) 496-836$
PLEASB CALL THE ABOVE NUMBER IF THE INFORMATION IS INCOMPLETE
MESSAGE/COMMENTS:
OCT I I 1996
..
JIO'-WOIUl\HISC\FAlI
All Equal OpporrlJ.niry/Sa/ety A Ware employer
Jane Kansier, City of Prior Lake Planning Coordinator
Brad Larsoll, Associate Administrator-Public Works ~nd LandsO tl-
Zone Change Request
OCT-11-96 FRI 13:23
,Lj1J
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S,.' ._~_.~ _.'
SCOTT COUNTY
PUBLIC WORKS AND LANDS DIVISION
600 COUNTRY TRAIL EAST
JOBUD~,~ 55352-9339
(612) 496-8346
GARY L. CUNNINCHAM
CO(jNTY Ar>MINISTRATOR
BRADLEY J. LARSON
ASSOCIATE' ADMINISTlv\"r()R
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
October 11, 1 996
P. 02
Fax: (612) 496-8365
We have reviewed the request for a zone change by the Integrity Development for 27
acres directly north of CR 82 and do not have any objection, noting the following:
· No additional access to CR 82
Any questions, please call.
BJUkjf
D rn <s rn D\Y1 rn
00f11.
An Equal Opportunity/Safery Aware Employer