HomeMy WebLinkAbout10B -Comp Plan Amend (O'loughli
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
AUGUST 18,2003
lOB
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF A RESOLUTION DENYING AN
AMENDMENT TO THE COMPREHENSIVE PLAN FOR THE
PROPERTY LOCATED ON THE SOUTH SIDE OF CSAH 42,
AND WEST OF COUNTY ROAD 83 (Case File #03-77)
History: Tollefson Development, the applicant, and John O'Loughlin,
the property owner, are requesting an amendment to the 2020
Comprehensive Plan Land Use Map on approximately 28 acres ofland
located on the south side ofCSAH 42 and west of County Road 83
from C-HG (Hospitality/General Business) to R-HD (Residential High
Density)
This site consists of a total of 40.03 acres of unplatted, vacant land.
The applicant wishes to amend the Comprehensive Plan map to
designate 28.03 acres of the property for High Density Residential use.
This property is presently zoned A (Agriculture) and is designated as
C-HG (Hospitality/General Business) on the 2020 Comprehensive
Plan Land Use Map.
The Planning Commission reviewed this request at a public hearing on
July 28,2003. Several neighboring residents testified about the
proposed amendment. They were basically concerned about the traffic
and potential for apartment development under the proposed
designation. . The Commission voted to recommend denial of this
Comprehensive Plan amendment on the basis that the applicant had
not provided any rationale for the proposed change, or any evidence
that the current designation is inappropriate. A copy of the draft
minutes ofthe July 28, 2003 meeting is attached to this report.
Current Circumstances: The total site consists of 40,03 acres. The
area of this site, less road right-of-way is 36.39 acres. The area to be
amended is 28.03 acres. The topography of this site rises 64 feet from
the low point (the wetland) on the west side to the highest elevation,
1:\03 files\03 camp amend\o'loughlin\cc report. doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax ('152) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
974 MSL, at the southeast comer of the site, The property generally
slopes to the west from County Road 83.
This site has historically been used as cropland and pasture. It does not
appear there are any significant trees on the site. Any development on
this site is subject to the Tree Preservation requirements of the Zoning
Ordinance. There are 2 wetlands located on the site having a total area
of approximately 10 acres. Virtually all of the wetlands are located in
the area proposed to be residential.
Access to the site is from County Road 42 on the north side of the
property, from County Road 83 on the east side and from Brookmere
Blvd. on the south. Sewer and water services will be available to this
site upon completion of the County Road 42/83 road project currently
under construction,
To the north of this property, across CSAH 42, is existing agricultural
and large lot residential development, currently zoned A and
designated for Commercial-Neighborhood Retail (C-NR) uses. To the
south are existing dwellings, zoned R-2 and designated for R-L/MD
uses. To the west are large lot single family dwellings, zoned A and
designated for Low to Medium Density Residential uses. To the east is
a proposed commercial development designated C-CC, Community
Retail and zoned C-2, Community Business.
The Issues: The Comprehensive Plan goals and objectives that are
applicable to this request are as follows:
GOAL: ECONOMIC VITALITY: Pursue a prudent use of
available resources and the optimum functioning of economic systems.
OBJECTIVE No.1: Determine and strive for a balance of commerce,
industry, and population.
OBJECTIVE No.2: Encourage a diversified economic base and a
broad range of employment opportunities.
OBJECTIVE No.3: Promote sound land use.
OBJECTIVE No.4: Maintain high standards in the promotion and
development of commerce and industry.
When considering a Comprehensive Plan amendment, the applicant
has the burden of establishing that the amendment is necessary because
of mistakes in the original designation or significant changes in
conditions affecting the subject property. In this case, the applicant
has not provided any rationale for, or reasons in support of the
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Page 2
FISCAL IMPACT:
ALTERNATIVES:
proposed amendment. The original application materials included a
letter from the applicant (attached) that states "We feel our proposal
positively suits this area reflective of practical land use planning. "
Staff is unsure what is meant by practical land use planning and the
applicant's letter does not provide any guidance in this regard.
Following the public hearing, the applicant submitted a second letter,
dated August 5, 2003, which elaborates on the rationale for this
proposal. A copy ofthe letter is attached to this report.
The upgrade of County Roads 42 and 83 and attendant future increases
in traffic at this location bolster the argument for commercial
development at this intersection and does not support an argument for
residential development at this location. Absent any compelling
reason to change the Comprehensive Plan, staff believes the
appropriate action in this case is to recommend denial of the proposed
amendment.
The City of Prior Lake 2020 Vision and Strategic Plan includes a
vision element entitled Economic Development. Item 2 of that
element is to "Ensure that land is available and designated for future
business development and redevelopment." This amendment will
remove developable acres from commercial designation in the
Comprehensive Plan. By itself, this would suggest the proposed
amendment is inconsistent with objectives of both the Comprehensive
Plan and the 2020 Vision and Strategic Plan.
Conclusion: The Planning Commission and staff recommend denial
of the proposed amendment with the finding that the Comprehensive
Plan designation is inconsistent with the goals and objectives of the
Comprehensive Plan and with the 2020 Vision and Strategic Plan.
BudJ[et Impact: There is no direct budget impact involved in this
request.
The City Council has three alternatives:
1. Adopt a resolution denying the proposed amendment to the
Comprehensive Plan as recommended by the Planning
Commission and staff.
2. Continue the review for specific information or reasons per City
Council discussion.
3. Approve an amendment to the Comprehensive Plan as proposed.
In this case staff should be directed to prepare a resolution with
findings of fact.
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Page 3
RECOMMENDED
MOTION:
The staff recommends Alternative #1. In this case, the following
motion is required:
REVIEWED BY:
. A motion and second to adopt a resolution denying the
Comprehensive Plan Amendment to designate the property as High
Density Residential (R-HD) is required.
F_~&.~
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Page 4
RESOLUTION 03-XX
RESOLUTION DENYING A PROPOSED AMENDMENT TO THE 2020 COMPREHENSIVE
PLAN LAND USE MAP FOR THE PROPERTY LOCATED ON THE SOUTH SIDE OF CSAH
42 AND WEST OF CSAH 83
MOTION BY:
SECOND BY:
RECITALS
WHEREAS, Tollefson Development and John O'Loughlin submitted an application for an
amendment to the City of Prior Lake 2020 Comprehensive Plan Land Use Map
from the C-HG (Hospitality General Business) designation to the R-HD (High
Density Residential) designation for the property legally described as follows:
That part of the Northeast Quarter of the Northwest Quarter of Section 28,
Township 115, Range 22, Scott County, Minnesota, lying southerly,
southwesterly and westerly of the following described line:
Commencing at the northeast corner of said Northeast Quarter of the Northwest
Quarter; thence South 0 degrees 00 minutes 30 seconds East, assumed bearing
along the east line of said Northeast Quarter of the Northwest Quarter, a
distance of 977.97 feet to the point of beginning of the line to be described;
thence South 89 degrees 59 minutes 39 seconds West 95.74 feet; thence
northwesterly 392.70 feet along a tangential curve, concave to the northeast,
having a radius of 250.00 feet and a central angle of 90 degrees 00 minutes 00
seconds; thence North 0 degrees 00 minutes 30 seconds West, tangent to said
curve 177.61 feet; thence northwesterly 393.73 feet, along a tangential curve,
concave to the southwest, having a radius of 250.00 feet and a central angle of
90 degrees 14 minutes 13 seconds; thence South 89 degrees 45 minutes 17
seconds West tangent to said last described curve 131.98 feet; thence
northwesterly 392.70 feet, along a tangential curve, concave to the northeast,
having a radius of 250.00 feet and a central angle of 90 degrees 00 minutes 00
seconds; thence North 0 degrees 14 minutes 43 seconds West, tangent to said
last described curve 47.89 feet to the north line of said Northeast Quarter of the
Northwest Quarter and said line there terminating.
and
1:\03 files\03 camp amendlo'loughlinlcc deny res. doc Page 1
16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
WHEREAS, Legal notice of the public hearing was duly published and mailed in accordance
with Minnesota Statutes and Prior Lake City Code; and
WHEREAS, The Planning Commission conducted a public hearing on July 28, 2003, for
those interested in this request to present their views; and
WHEREAS, On August 18, 2003, the Prior Lake City Council considered the proposed
amendment to the 2020 Comprehensive Plan Land Use Map to change the
designation of the above described property to the R-HD (High Density
Residential) designation and;
WHEREAS, The City Council received the staff reports, Planning Commission minutes and
other information; and
WHEREAS, The City Council has carefully considered the testimony, staff reports and other
pertinent information contained in the record of decision of this case.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA, that:
1. The above recitals are incorporated herein as if fully setforth.
2. The City Council hereby adopts the following findings of fact:
(a) The proposed amendment is inconsistent with the goals and objectives of the 2020
Comprehensive Plan in that there has not been a material change in the area or
conditions affecting the site since the Comprehensive Plan was adopted in 1999.
(b) The goal of "Economic Vitality" in the 2020 Comprehensive Plan requires the City to
"pursue a prudent use of available resources and the optimum functioning of economic
systems." This application is inconsistent with this goal in that it removes 18 developable
acres from commercial designation.
(c) Removing this land from the commercial designation is inconsistent with the 2020
Comprehensive Plan objective stating "Determine and strive for a balance of commerce,
industry and population."
(d) Removing this land from the commercial designation is inconsistent with the stated goals
and objectives of the Comprehensive Plan in that it does not encourage a diversified
economic base.
(e) Removing this land from the commercial designation is inconsistent with the stated
objective of the 2020 Comprehensive Plan to "Promote sound land use," The upgrade of
County Roads 42 and 83 and attendant future increases in traffic at this location bolster
the argument for commercial development at this intersection and does not support an
argument for residential development at this location.
(f) The applicant has not provided a rationale for the change in designation.
1:\03 files\03 comp amend\o'loughlin\cc deny res.doc
Page 2
3. The proposed amendment to the 2020 Comprehensive Plan Land Use Map to designate the
above described property as R-HD (High Density Residential) is hereby denied.
Passed and adopted this 18th day of August, 2003.
YES NO
Haugen Haugen
Blomberg Blomberg
LeMair LeMair
Petersen Petersen
Zieska Zieska
{Seal}
Frank Boyles, City Manager
City of Prior Lake
1:\03 files\03 comp amend\o'loughlin\cc deny res. doc
Page 3
Developers . Land Inyestment . Property Managers ~
August 5, 2003
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Honorable Mayor and City Council Members
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372-1787
Reo' O'Loughlin Property in Prior Lake
Dear Honorable Mayor and City Council Members:
At Monday's, July 28, 2003 Planning Commission Public Hearing, the Commission
recommended denial of Tollefson Development, Inc's request in seeking a 2020
Comprehensive Land Use Map Amendment on the O'Loughlin property located on the
south side of CSAH 42 and west of County Road 83. As depicted in the exhibits and
sketch plan, we respectfully request that approximately 26 of the net 34 Y, usable acres of
land located on the south side of CSAH 42 and west of 83 from H-CG
(Hospitality/General Business) to R-HD (Residential High Density). This proposal
includes townhomes consisting of maximum of 8 unit per building mixed row and back-
to-back styles (8 to 12 units per acre). We intend on maintaining and providing nice
park, water and green space settings to ensure a natural and distinct project.
At the hearing, city staff felt we did not present compelling arguments to support our
request. After careful consideration from Monday's Public Hearing, we learned a great
deal from the public testimony and Commissioner's on this matter. We feel this request
meet3 the Comprehensive Goals and Objectives:
GOAL: ECONOMIC VITALITY: Pursue a prudent use of available resources and the
optimum functioning of economic systems. We feel this will provide an appropriate
residential and commercial mix on the property. Commercial will continue as guided
adjacent to CSAH 42 and County Road 83. Residential will follow and continue to
transition into the existing townhome developments. We feel this is the best use of the
property and provide positive economic impacts for Prior Lake.
OBJECTIVE No.1: Determine and strive for a balance of commerce. industry. and
population. This balance of residential and neighborhood commercial mix fits well on
the property. The residential housing we are looking at providing will help support
neighborhood commercial development on the corner.
.
17271 Kenyon Ave., Suite #103' Lakeville, MN 55044 . Phone (952) 435-1010' FAX (952) 435-1020
Email -info@tollefsondevelopment.com
www.tollefsondevelopment.com
.
PAGE 2
OBJECTIVE No.2: Encourage a diversified economic base and a broad range of
emplovrnent opportunities. The O'Loughlin property, with its topographical
limitations/site restrictions, affords optimum economic base with this mix. We feel more
tax base will be generated with our proposal than if it were full scale commercial, in that,
the property would not be fully utilized otherwise. Because of recent economic
downturns and the negative commercial real estate market conditions, the general
consensus among commercial real estate professionals in the Twin Cities this market is
overbuilt and will be challenging throughout the remainder of this decade. City officials
throughout the seven-county metro area are asking developers to consider developing
multi-family projects on properties guided for commercial to capture tax income benefits.
OBJECTIVE No.3: Promote sound land use. We feel our request will promote the
most prudent use ofland based on its constraints. Weare requesting the rear section of
the property that encompasses significant wetlands be amended and developed to R-HD.
Commercial development in the rear area of the site is extremely challenging and less
useful than a high density residential designation. There is less impervious surface water
run-off with residential because it is inherently natural to develop and preserve open
space around wetlands and other natural features. The topography of the O'Loughlin
property is also not ideally suited for large commercial use because they tend to have
large, relatively flat building and parking areas. These are terraced into the terrain in
"stair step fashion." The 0' Loughlin property rises quickly from the bi-section roads and
is far from being relatively flat. Commercial buildings are much larger structures and
require larger, flatter, building pads than townhome structures. The depths and cut and
fill will be greater for commercial than for any type of residential! The ultimate change
in terrain, and the quality of earthwork, will be less if residential use is allowed. A full
scale commercial center would create additional and sometime unwarranted traffic given
the surrounding land residential land uses. There is significant casino traffic coming into
this area. Our compromising residential and commercial mixed use will help support and
feet off of the casino, surrounding, and neighborhood traffic.
OBJECTIVE No.4: Maintain high standards in the promotion and development of
commerce and industry. With any quality housing developments, sound commerce in the
area and the multiplier of spending in Prior Lake will promote industry.
We feel the City should highly consider our request, especially in view of the the current
land use across the street to the east showing 2 levels of residential and being guided for
3 levels of residential zoning in the 2020 Plan. Comparatively, this property is more than
likely to be better suited for full scale residential than the property to the east. It was our
interpretation that several residents at the meeting had concern of the property being
developed into apartment buildings. This is not our intention. The Planning Commission
voted against our request for high density on those merits, but stated they would consider
an amendment showing medium instead of high density residential. Therefore, we would
take great honor if the City Council would consider amending this portion of the parcel in
PAGE 3
allowing development consistent with high density, and if not, then a medium density
zone designation.
We anticipate this project will sell in the spring of 2004. The first phase of buildings can
be scheduled for occupancy by spring/fall 2004. The southwest residential suburban
market place is a tremendous opportunity based on the continued strong economics and
excellent location. Projected demand for residential multi-family use is growing each
year. The O'Loughlin property continues as a shared vision, offering bold promise for
the future growth in the Prior Lake residential community. The site's natural amenities,
strong community commitment, experienced development team and hannonious
neighborhood planning create a pleasant and dynamic atmosphere. Tills property
exemplifies the unlimited potential that stems from a compelling, remarkably accessible
location. Tills offers long-term confidence in the execution of a progressive land use
plan. Today, the site is surrounded by outstanding roadways and city infrastructure,
providing dependable utilities and services. Prior Lake is an established and prominent
area The O'Loughlin property will develop into a long-term, quality residential and
commercial environment/opportunity in this stable market. These factors alone strongly
suggest that now is the time to capitalize on the residential southwest market.
If you should have any questions, please do not hesitate to contact me.
~
Yours truly,
7~P..
todd Bodem
Project Manager
M /.. ,
Developers . Land Investment . Property Managers
June 27, 2003
Jane Kansier, Planning Coordinator
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372-1787
Re: O'Loughlin - Prior Lake
Dear Jane:
Tollefson Development, Inc. is seeking a comprehensive land use plan map amendment on the
0' Loughlin property (see attached area described). This area is currently zoned Agriculture and
is guided for Hospitality General Business in the 2020 Plan.
As depicted on exhibit A and concept plan, we respectfully request that approximately 26 of the
34 Yo net acres in the Plan Map be amended to Urban High Density (R-HD). This proposal
includes attached town homes consisting of maximum 8 unit per building mixed row and back-to-
back styles (8 to 12 units per acre). We are also proposing that the balance of the acreage partly
adjacent to the west side of CSAH 83 and south side of CSAH 42 remain as guided for
Commercial, Hospitality General Business (C-HG). We intend on maintaining and providing
nice park, water and green space settings to ensure a natural and distinct project. We feel our
proposal positively suits this area reflective of practical land use planning.
Enclosed you will fmd the following:
1. A complete ZoningfLand Use Application form, signed by Tollefson Development,
Inc. and the fee owner (O'Loughlin)
2. The required filing fee of $700.00
3. Legal description and location map
4. 2 sets oflabels of names and addresses of the owners of property located within 500
feet of the area.
5. Project analysis
If you should need additional information, please do not hesitate to contact me.
Yours truly,
--v</~ ''5.~ L
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Todd Bodem
Project Manager
Ene!.
17271l<enyon Ave., Suite #103 . Lakeville, MN 55044 . Phone (952) 435-1010. FAX (952) 435-1020
Email -info@tollefsondevelopment.com
www.tollefsondelJelopment.com
July 22, 2003
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Jane Kansier, Planning Coordinator
City of Prior Lake
Dear Jane Kansier:
Subject: Southwwt quadrant of the IntensectIon of CSAH 42 and CSAH 83
In regards to the re-designation of the southwest comer of the intersection at Co. roads 42 and 83 we
would like to strongly voice our objection. We feel that this re-designation, if allowed, would result in
lower property values for those of us who already live in the Centex Meadow View development and
decrease the small community feel of the area. We also think the timing is suspect. It may be a
coincidence that this request has been made now that the Meadow View community is complete, but ~
feels more like careful timing on the part of Tollefson Development.
The zoning of that land was very important to us as we considered punchasing a home in this
community. When we started looking for a new home we found many other builders offering homes
that we liked, in cities that were more convenient for our current life style (Bumsville, Apple Valley,
Eagan, etc.). However, those homes were in townhouse communities that consisted of several
hundred units and that wasn't the type of development we wanted to live in. We feel very fortunate to
have found this small development. It feels more like a community and neighborhood than an
apartment complex. If that land had been zoned R-HD when we contemplated moving to this area we
never would have punchased here.
Additionally, we punchased a home in this community because of the by-laws that prohib~ renters. We
firmly believe that when the owner is the occupant he/she takes greater care of the property, which
results in higher property values for everyone. The main reason we moved out of our previous house is
because we were in an association that allowed renters, which resulted in numerous problems in the
neighborhood.
In closing, we would ask that you do not change the designation of that land. Many of the people in
the Meadow View community made the decision to punchase their home based on the knowledge that
the land on the comer was zoned C-HG (Hospitality General Business) which we are not opposed to.
Respectfully,
Michael and Danielle Ness
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14332 Brookmere Blvd. NW
Prior Lake, MN 55372
,Enclosure: Names and Signatures of additional homeowners who are opposed to the re-
designation.
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MINUTES OF 7/28/03 PLANNING COMMISSION MEETING
County Road 17. As a resident of Autumn Acres they were assured by the Township and
City 0 cials that 165th Street would not become a collector street.
Royce Nel rt, lives 1656 165th Street, Shakopee, felt the higher de ty will affect his
property. T residents of Autumn Acres invested a lot of money have 2 acre lots. He
felt the lots tha utt up to Autumn Acres should be large and co 'nue to reduce to
smaller size awa om their development. The County will ermine the access.
ium density is appropriate.
zoning issues and process to develop. The
There were no more omments and the hearing closed at
Comments from the
Ringstad:
. Agreed with staff's
Stamson:
. Agreed and supported. w to M
. The next step will be to 10
specifics will be at a later d
.
Commission for a recommendation.
Lemke:
. It is appropri
. Support.
EGO, SECOND BY RINGSTAD, 0 RECOMMEND APPROVAL
OF THE CO REHENSIVE PLAN AMENDMENT 0 THE R-L/MD, LOW TO
MEDIUM ENSITY RESIDENTIAL DESIGNATIO
Vote t en indicated ayes by all. MOTION CARRIED.
T . will go before the City Council on August 18,2003.
~
F. #03-77 Tollefson Development is requesting an amendment to the
Comprehensive Plan for approximately 28 acres from the C-BG to the R-BD
located at the southwest quadrant of the intersection of CSAH 42 and CSAH 83.
(John O'Laughlin property)
Director of Community Development Don Rye presented the Planning Report dated July
28,2003, on file in the office of the City Planning Department.
L\03 Files\03 Planning Comm\03pcMinutes\MN072803.doc
County Road 17. As a resident of Autumn Acres they were assured by the Township and
City officials that 165th Street would not become a collector str .
Royce Neibe , lives 1656 165th Street, Shakopee, felt the gher density will affect his
property. The esidents of Autumn Acres invested a 10 f money to have 2 acre lots. He
felt the lots that urt up to Autumn Acres should be ge and continue to reduce to
smaller size awa om their development. The unty will determine the access.
endation on the designation.
Comments from the
Ringstad:
. Agreed with staffs
to Medium density is appropriate.
The
Criego:
. Questi ed what the maximum den 'ty. Rye explained the density and zones.
. It wi e up to the staff and planning ommission for a recommendation.
. A ed with staff.
It is appropriate for this property.
. Support,
*
MOTION BY CRIEGO, SECOND BY RINGSTAD, TO RECOMMEND AFPROV AL
OF THE COMPREHENSNE PLAN AMENDMENT TO THE R-L/MD, LOW TO
MEDIUM DENSITY RESIDENTIAL DESIGNATION.
Vote taken indicated ayes by all. MOTION CARRIED.
This will go before the City Council on August 18,2003.
F. #03-77 Tollefson Development is requesting an amendment to the
Comprehensive Plan for approximately 28 acres from the C-HG to the R-HD
located at the southwest quadrant of the intersection of CSAH 42 and CSAH 83.
(John O'Laughlin property)
Director of Community Development Don Rye presented the Planning Report dated July
28,2003, on file in the office of the City Planning Department.
L\03 Files\03 Planning Comm\03pcMinutes\MN072803.doc
The applicant has initiated an amendment to the 2020 Comprehensive Plan Land Use
Map on approximately 28 acres of land located on the south side of CSAH 42 and west of
County Road 83 from H-CG (Hospitality/General Business) to R-HD (Residential High
Density). This site consists of a total of 40.03 acres of unplatted, vacant land. The
applicant wishes to amend the Comprehensive Plan map to designate 28.03 acres of the
property for High Density Residential use. The area of this site, less road right-of-way is
36.39 acres. The area to be amended is 28.03 acres.
The City of Prior Lake 2020 Vision and Strategic Plan includes a vision element entitled
Economic Development. Item 2 of that element is to "Ensure that land is available and
designated for future business development and redevelopment." This amendment will
remove approximately 18 developable acres from commercial designation in the
Comprehensive Plan. By itself, this would suggest the proposed amendment is
inconsistent with objectives of both the Comprehensive Plan and the 2020 Vision and
Strategic Plan.
Staff believes the upgrade of County Roads 42 and 83 and attendant future increases in
traffic at this location bolster the argument for commercial development at this
intersection and does not support an argument for residential development at this
location. The staff felt there was no compelling reason to change the Comprehensive
Plan and the appropriate action in this case is to recommend denial of the proposed
amendment.
Comments from the public:
Todd Bodem, representing Tollefson Development handed out a concept plan with a
proposed townhome development. It is similar to the proposed east mixed-use projects.
Commercial has a tendency to bring in more traffic congestion. The topography suits a
housing development. They are not proposing apartments.
Brian Stordahl, president of the townhome association to the south. They support staff s
recommendation to deny the request. The traffic is very congested. There is significant
wetland. The proposed use could be apartments. Stamson explained the Land Use
designation. Their concern is not just apartments. Rye said the general zoning category
is R4 allowing 30 units per acre.
Michael Okannglis, 2286 Stonecrest Path was concerned for the traffic and potential
apartments. The elevation is low and questioned the sewer plan. Rye said a lift station is
proposed off County Road 42. Okanngis also questioned the runoff. Rye explained the
drainage system. He is against high zoning.
John O'Laughlin, 2988 Valley View Road, Shakopee, owner of the property. He was
involved in the Comprehensive Plan designation. The runoff into the wetlands is
controlled. The traffic concern is supposed to be taken care of after the road
construction.
L:\03 Files\03 Planning Comm\03pcMinutes\MN072803.doc
Chris Woodbury 14452. Vice President of the Homeowners Association, felt high density
apartments is a concern. Townhomes may be a better use than commercial. They do not
want to see their property values decrease. Rye explained the presented concept is just an
idea. It could include many combinations. The Commercial designation range from a
neighborhood commercial to general business designation including a wide variety of
uses. When this designation was put on the property 5 years ago, the intent was to make
complimentary uses to Mystic Lake Casino and all that is happening tonight is that a
certain portion would be designated high density. It is hard to give a great amount of
detail at this time.
John Johnson lives on 14263 Brookmere Blvd, said they did not understand high density
and is totally against the designation. He feels the Comprehensive Plan designation is
very appropriate. The traffic will not increase that much with neighborhood businesses.
John O'Laughlin, Valley View Road, asked if anyone from the townhomes feel they are
high density. The neighbors are presently living in townhomes. Some oftheir objections
are not justified.
Daniel Ness, said they chose the area because of the area.
Brian felt if it was rezoned under the 2020 Plan would be appropriate. The high density
is different than what we see. Similar townhomes would be okay.
Patty Maas own the adjoining 15 acres, felt the property values should rise. Air quality is
an issue. When the road is fixed the traffic pattern will change. She does not want the
high density. The DNR is setting property aside for wetland.
Todd Bodem, Tollefson Development, clarified that they do not intend to build apartment
buildings. By building this type of development there would be more open green space.
Jerry Walshimer, Tollefson Development, take into consideration there is no existing
strip mall and could have many neighborhood uses. One of the reasons John O'Laughlin
is selling the property because the fanning use is not what he wants. If John cannot sell
the property for commercial. Maybe he could set up a pig fann which is in his rights.
Mr. O'Laughlin is the property owner and now has the opportunity to sell.
Criego asked Walshimer asked if considered a different designation. Walshimer said his
intention was to have townhomes with the topography.
Criego asked ifthere were any potential businesses to go in on the 8 acres. Walshimer
said they have not pursued that area. Take away the casino there is not a lot of housing.
Michael Okannglis asked ifthe developer talked about traffic going through the
neighborhood.
The hearing closed at 8:58
L:\03 Files\03 Planning Comm\03pcMinutes\MN072803.doc
Comments from the Commissioners:
Ringstad:
. Over the last few years the Commissioners approved several R4 designations.
. Does not make sense to remove
. Support staff.
Criego:
. Was involved with the property south and there was a lot of discussion with the
Rl and R2 designations. That is a good combination and worked out well,
. The parks and ponds were discussed. We talked about what would happen on the
north side. The comer is perfect for commercial.
. Hopefully there will be more commercial in the future. The residents mayor may
not like it.
. This property is a combination oflow to medium density and commercial. The
question is what developer will come forth and develop the property.
. Cannot approve the high density.
. Not enough info to change Comp Plan
. Agree with staff.
Lemke:
. Agreed with Criego - the property looks ideal for commercial. It may be
appropriate for a combination.
. Questioned staff on the current designation. If a Holiday Inn wanted to come in
would there be a restriction on height? Rye said 35 feet under the current zoning.
. The residents are concerned for the development, it is important to listen to the
resident who might have commercial might be worse.
. Does not support high density.
Stamson:
. Would like to agree with Criego but the community does not always understand
what the Commissioners look at. It is important to note what a Comp Plan Map
is. It is an overview long term plan for the City.
. We picked this out with the traffic patterns and uses in the surrounding area.
. This is the most appropriate use nothing has changed in the last 5 years.
. Does not support the change.
MOTION BY CRIEGO, SECOND BY LEMKE, RECOMMENDING DENIAL OF THE
COMPREHENSIVE PLAN AMENDMENT TO THE R-HD DESIGNATION.
Vote taken indicated ayes by all. MOTION CARRIED,
This matter will go before the City Council on August 18, 2003.
L:\03 Files\03 Planning Comm\03pcMinutes\MN072803.doc