HomeMy WebLinkAbout9B - Zone Change O'Loughlin
MEETING DATE:
AGENDA #:
PREP ARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
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CITY COUNCIL AGENDA REPORT
FEBRUARY 27, 2001
9B
JANE KANSIER, PLANNING COORDINATOR
DON RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF AN ORDINANCE APPROVING A
ZONE CHANGE TO THE R-2 DISTRICT AND REMOVING
THE SHORELAND DISTRICT DESIGNATION ON THE
PROPERTY LOCATED IN SECTION 28, TOWNSHIP 115
NORTH, RANGE 22 WEST (Case File #01-001)
History: Centex Homes and John O'Loughlin have filed an
I application for a Zone Change for 38.9 acres of vacant land located on
the west side of CSAH 83, 1;4 mile south of CSAH 42, in the East Y2 of
the Northwest 1;4 of Section 28, Township 115 North, Range 22 West.
The request is to rezone the property from the A (Agricultural) District
)0 the R-2 (Low to Medium Density Residential) District, and to
remove the Shoreland District designation from the site.
-,. The Planning Commission reviewed this request at a puhlic hearing on
February 12,2001. There was public testimony at the hearing by
citizens concerned that the rezoning of this property to the R-2 district
would allow additional townhouses. There was also testimony as the
whether this area should be developed with commercial uses rather
than residential uses because of the adjacent land use designation. The
Commission noted rezoning this property to the R-1 district rather than
the R-2 district would not preclude the development of townhouses.
The Commission also concluded this site is suitable for a residential
cluster development due to its topography. The Commission voted to
recommend approval of this rezoning on the basis that the R-2 district
is consistent with the Comprehensive Plan Land Use Map designation
and that the property lies outside of the practical limits of the Mystic
Lake Shore land District.
Current Circumstances: This property is currently vacant land.
There is a wetland located on the northwest comer of the site. There is
also a stand of trees located at the south end of the site. The property
to the west and south is Shakopee Mdewakanton Trust Land, and is
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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developed with residences and businesses, while the land immediately
to the west is a wetland mitigation area. To the north of this property
is vacant agricultural land, zoned A (Agriculture) and planned for
Hospitality General Business uses. To the east, across CSAH 83, is
The Wilds golf course and residential development, zoned PUD and
planned for Low to Medium Density Residential uses and Hospitality
General Business uses.
The property under consideration is designated for Low to Medium
Density Residential uses on the 2020 Comprehensive Plan Land Use
Map. The property also meets the criteria for the extension of the
MUSA. Sewer and water services can be extended to serve this
property from the existing utilities located in Wilds Parkway and
CSAH 83. Access to this property is from CSAH 83. The access
point is located across from the entrance to The Wilds. It may also be
possible to access this property from the SMDC land to the south.
The Issues: This application includes two proposals. The first is a
request to rezone the property from the current A (Agricultural) district
to the R-2 (Low to Medium Density Residential) district. The second
request is to remove the existing Shoreland designation from this
property.
A to R-2: Section 1108.600 of the Zoning Ordinance identifies the
following policies for amendments to the Official Zoning Map:
~ The area, as presently zoned, is inconsistent with the policies and
goals of the Comprehensive Plan, or the land was originally zoned
erroneously due to a technical or administrative error, or
~ The area for which rezoning is requested has changed or is
changing to such a degree that it is in the public interest to rezone
so as to encourage redevelopment of the area, or
~ The permitted uses allowed within the proposed Use District will
be appropriate on the subject property and compatible with
adjacent properties and the neighborhood.
The proposed R-2 district is consistent with the Comprehensive Plan
Land Use designation. The R-2 district allows residential development
with densities up to 7.2 units per acre. This would allow townhouse
development, as well as 6,000 square foot single family residential
lots.
The City Council recently adopted an amendment to the
Comprehensive Plan that identified criteria to be considered when
determining what Zoning District should be applied to areas
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designated for Low to Medium Residential uses. These criteria are as
follows:
. The topography of the site.
· Capacity of utilities serving the site.
. Type and nature of abutting or nearby development.
· Type and quality of access to local, collector and arterial streets.
· Effect on traffic levels of service.
. Market conditions.
. Any costs incurred by the City as a result of the development.
. The degree to which significant natural features are preserved
. Whether the proposed zoning supports the logical extension of
existing neighborhoods.
. Whether the zoning district is delineated by logical natural or
artificial boundaries.
. The impact on drainage patterns and conditions and the degree to
which any adverse impacts can be mitigated.
. Potential impacts on the physical condition of streets and roads
serving the site.
There was testimony at the hearing as to whether this site is more
appropriately planned for commercial uses. This idea is based on the
fact that the property to the north is planned for Hospitality General
Business uses, and the SMDC trust property directly to the south
includes a mixture of residential and commercial uses. The Planning
Commission concluded the site is more appropriate for residential
development because of the topography. However, if the City Council
believes the site is better suited for commercial development, one
option would be to deny this request and initiate an amendment to the
Comprehensive Plan Land Use Map.
Shoreland District: This property is located within 1,000 feet of
Mystic Lake, and is therefore located within the Shoreland District.
Mystic Lake is classified as a Natural Environment Lake; therefore,
the minimum lot area lot width for a nonriparian single family lot is
20,000 square feet and the minimum lot width is 100 feet.
The Shoreland District is generally defined as follows:
Land located within the following distances from protected waters: (1)
1,000 feet from the Ordinary High Water Mark of a lake, pond, or
flowage; and (2) 300 feet from a river or stream, or the landward extent
of a floodplain on such rivers or streams, whichever is greater. 171e
practical limits of shorelands may be less than the statutory limits where
such limits are designated by natural drainage divides at lesser
distances, as shown on the Official Zoning Map of the City.
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FISCAL IMPACT:
AL TERNATIVES:
RECOMMENDED
MOTION:
Both this definition and Minnesota Rules allow the reduction of the
Shoreland District if the natural drainage area of the property is away
from the water body. In this case, the property lies outside of the
Mystic Lake drainage area and drains to the northwest. The view of
this property, both to and from Mystic Lake, is also limited due to the
elevation of CSAH 83. Therefore, this property lies outside of the
practical limits of the Mystic Lake Shoreland District.
The DNR has also reviewed this request and has no objections. A
letter from Pat Lynch, Area Hydrologist for the DNR, is attached for
your information.
Conclusion: The proposed R-2 district is consistent with the existing
use of this site. It can also be argued the property meets the criteria for
R-2 uses as listed in the Comprehensive Plan due to the topography of
the site, access to a County Road, and location in relation to property
plarmed for commercial uses and existing commercial uses. In
addition, the property lies outside ofthe drainage area of Mystic Lake,
and views are limited due to the elevation ofCSAH 83. Therefore, the
Planning Commission and the staff recommend approval of this
request.
Bud~et Impact: There is no direct budget impact involved in this
request.
The City Council has four alternatives:
1. Adopt Ordinance 0 I-XX approving the Zone Change to the R - 2
district and removing the property from the Shoreland District.
2. Adopt Ordinance 01-XX removing the property from the Shoreland
District.
3. Continue the review for specific information or reasons per City
Council discussion.
4. Find the zone change inconsistent with the purpose and intent ofthe
Comprehensive Plan and the Zoning Ordinance and deny the
request. In this case staff should be directed to prepare a resolution
with findings of fact.
The staff recommends Alternative #1 Or #2.
A motion and second to adopt Ordinance 0 l- XX rezoning this
property to the R-2 (Low to Medium Density Residential) district and
removing this property from the Shoreland District or to adopt
Ordinance 01-XX removing the property from the Shoreland District is
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REVIEWED BY:
Either acti n requires approval by 4/5 vote of the City
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CITY OF PRIOR LAKE
ORDINANCE NO. 01-XX
AN ORDINANCE AMENDING SECTION 1101.700 OF PRIOR LAKE CITY CODE AND
THE OFFICIAL ZONING MAP FOR THE CITY OF PRIOR LAKE
The City Council of the City of Prior Lake does hereby ordain:
1. The Prior Lake Zoning Map, referred to in Prior Lake City Code Section 1101.700, is hereby
amended to change the zoning classification of the following legally described property from
A (Agricultural) to R-2 (Low to Medium Density Residential), and to remove the property
from the Shoreland District.
LEGAL DESCRIPTION:
The Southeast Quarter of the Northeast Quarter of Section 28, Township 115 North, Range
22 West, Scott County, Minnesota.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 27th day of February, 2001.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the 3rd day of March, 2001.
Drafted By:
Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
CITY OF PRIOR LAKE
ORDINANCENO.O~OI
AN ORDINANCE AMENDING SECTION 1101.700 OF PRIOR LAKE CITY CODE AND
THE OFFICIAL ZONING MAP FOR THE CITY OF PRIOR LAKE
The City Council of the City of Prior Lake does hereby ordain:
1. The Prior Lake Zoning Map, referred to in Prior Lake City Code Section 1101.700, is hereby
amended to remove the following legally described property from the Shoreland District.
LEGAL DESCRIPTION:
The Southeast Quarter of the Northeast Quarter of Section 2~, Township 115 North, Range
22 West, Scott County, Minnesota.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council ofthe City of Prior Lake this 27th day of February, 2001.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the 3rd day of March, 2001.
Drafted By:
Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
J:\Olfiles\Olrezone\OI-OOI\shoreland ord.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
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Civil Engineers · Land Planners · Land Surveyors · Landscape Architects
December 11, 2000
Jane Kansier
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, Minnesota 55372
Re: Centex - O'laughlin Parcel
Prior Lake, Minnesota
P .E. # 100468
Dear Jane,
On behalf of our client, Centex Homes, I am requesting the removal of the Mystic Lake Shoreline
Overlay District for the above mentioned parcel. The parcel is approximately 40 acres located
immediately across from Wilds Parkway at County Road 83. Per our telephone conversation I
have attached a rezoning application and supporting documentation for your review.
The parcel falls within the 1000 foot Shoreland Overlay District for Mystic Lake (DNR 70-79W),
as measured from the ordinary high water mark of960.0. The shoreland ordinance is designed to
preserve the water quality and natural characteristics of the protected waters. The shoreland
ordinance states:
"The practical limits of shore lands may be less than the statutory limits
where limits are designated by natural drainage divides at less distances, "
This property lies completely outside of the existing watershed for Mystic Lake. I have attached a
copy of the City of Prior Lake, Stormwater Management Plan depicting the drainage boundary
for Mystic Lake following the centerline of the existing County Road 83. The property in question
drains completely to the north, through a series of wetlands and under County Road 42.
The second purpose of the ordinance, to preserve the natural characteristics of the protected
water, likewise is not impacted by the removal of the subject property from the Shoreland
District. The view from the shoreline (elevation 960.0) towards the property is through
approximately 100' of trees and underbrush, across the County Road 83 Right of Way (4'-8'
higher than the shoreline elevation), with the majority of the subject property significantly lower
than the shoreline. I have attached a cross section of the view from Mystic Lake towards the
subject property for your review.
As we discussed this request will need to be fOf'Narded to Pat Lynch at the DNR for comments
2422 Enterprise Drive. Mendota Heights, Minnesota 55120 · (651) 681-1914 · Fax 681-9488
625 Highway 10 N.E. · Blaine, Minnesota 55434. (612) 783-1880 · Fax 783-1883
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before the Planning Commision or City Council will act. I have taken the liberty of copying the
DNR at this time and would appreciate the forwarding of the formal request to the DNR as soon
as possible.
If you have any questions or require any additional information please feel free to call.
Sincerely,
727ZdA
Nicholas Polta
cc: Steve Ach, Centex Homes
Pat Lynch, Minnesota Department of Natural Resources
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Minnesota Department of Natural Resources
Metro Waters - 1200 Warner Road, St. Paul, MN 55106-6793
Telephone: (651) 772-7910 Fax: (651) 772-7977
January 22, 2001
Jane Kansier
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372
RE: Centex Homes Rezoning Request, 38.9 Acres, Mystic Lake (#70-79W) Shoreland District
Dear Mrs. Kansier:
I am in receipt of the rezoning proposal submitted on behalf of Centex Homes Development.
Based on my review of the exhibits submitted (zoning map, stormwater management plan,
topography, etc.), the DNR does not object to the removal of the O'Laughlin parcel from the
Mystic Lake Shoreland Overlay District. Runoff will generally flow towards the northwestern
portion of the site, away from the shoreland basin. In addition, if the berm and plantings along
County Road 83 as depicted on the plan and profIle sheet dated December 15, 2000, are
implemented, the visual impacts of the proposed development will be minimized.
Please note a portion of DNR wetland 70-158W is in the northwest comer of the site. This is the
direction of drainage from the majority of the site. Any stormwater routed through this wetland
should be treated first. The DNR basin should not be used for primary stormwater treatment.
Any work below the Ordinary High Water Level of this wetland may require a DNR protected
waters permit from this office.
If you have any questions regarding DNR' s position on this zoning matter, please call me at 651-
772-7917 .
Sincerely,
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Patrick J. Lynch IIf
Area Hydrologist
Steve Horsman, City Zoning Administrator
. Bud Osmundson, City Public Works Director
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DNR Information: 651-296-6157 . 1-888-646-6367 . ITY: 651-296-5484 . 1-800-657-3929
An Equal Opportunity Employer
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