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Home My WebLink About9A - Shepherd of the Lake Churc MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT JUNE 4, 2001 9A JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF AN ORDINANCE APPROVING A ZONE CHANGE FROM A (AGRICULTURAL) TO R-4 (IDGH DENISTY RESIDENTIAL) FOR THE SHEPHERD OF THE LAKE LUTHERAN CHURCH FOR PROPERTY LOCATED IN SECTION 22, TOWNSBlP 115, RANGE 22 (Case File #01-014) Histon: Shepherd of the Lake Lutheran Church filed an application for a zone change for the property located on the north side of CSAH 42 and east and west of McKenna Road, about 1/8 mile west ofCSAH 21. The proposal is to rezone the property from the A (Agricultural) District to the R -4 (High Density Residential) District. The Planning Commission reviewed this request at a public hearing on April 9, 2001. The Commission voted to recommend approval of this rezoning on the basis that the proposed zoning is consistent with the Comprehensive Plan designation of the property. A copy of the minutes of the Planning Commission meeting of April 9, 2001, is attached to this report. This item was originally scheduled for the City Council meeting on May 7, 2001. The applicant, however, requested the item be deferred until the June 4,2001 City Council meeting. Current Circumstances: The total site consists of approximately 60 acres. This property is currently vacant land. There is an old farmstead located on the north half of the site. The site has a varied topography. The portion of the site west of McKenna Road generally drains to the DNR wetland located south and east of the site. The portion of the site on the east side of McKenna Road generally drains to the wetland at the southeast comer of the site, to CSAH 42 and ultimately to Pike Lake. The site is subject to the provisions of the State Wetland Conservation Act. A specific delineation will be required as part of any development application. 162~{91{tAtilW~Jlt~~g~~~Hj~, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fal~~2) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . ! Access to this property is presently from McKenna Road offCSAH 42. As part of the development of the entire parcel, McKenna Road will be relocated to the west. Sewer and water services must be extended from the existing services located in CSAH 42 to serve this site. Sewer service presently stops at McKenna Road. Water service must be extended from the intersection of CSAH 21 and Carriage Hills Parkway, or from the water service located in CSAH 83 at Wilds Parkway. The extension ofthis service is planned as part of the CSAH 42 improvement project, which is presently scheduled for construction in 2002-2003. If the applicant wishes to develop the property sooner, a development contract for the extension ofthe utilities will be required. To the north and west of this property is agricultural land, currently zoned A and designated for Low to Medium Density Residential uses. To the south is the Jeffers property, presently zoned R-1 and C-5, and designated as R-L/MD and C-BO. To the east is a single family dwelling on 15 acres, zoned A and designated as C-BO. This property is identified as land within the Primary MUSA allocation. This property is consistent with the criteria for the extension of MUSA as listed in the 2020 Comprehensive Plan (see attached) once water service has been extended. The Issues: 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-4 district is consistent with the Comprehensive Plan Land Use designation. The R-4 district allows residential development with densities up to 30 units per acre. In this case, the applicant is proposing to develop the entire site as a faith based community, consisting of religious worship, senior housing, community recreation and social space, education, daycare and a conference center. The first 1:\0 1 files\O lrezone\shepherd\cc report 2.doc Page 2 FISCAL IMP ACT: AL TERNA TIVES: RECOMMENDED MOTION: REVIEWED BY: consisting of religious worship, senior housing, community recreation and social space, education, day care and a conference center. The first phase of this development will consist of a church building. There is no timeline for the development of future phases. rnnrlmdnn" The proposed R-4 district is consistent with the Comprehensive Plan designation of this site. Therefore, the Planning Commission and the staff recommend approval of this request. Rurlgpt Tmpnrt" There is no direct budget impact involved in this request. The question about the property tax status of this development remains unanswered and should be addressed at the appropriate time. The City Council has three alternatives: 1. Adopt an ordinance approving the Zone Change from the A (Agricultural) District to the R-4 (High Density Residential) District. 2. Continue the review for specific information or reasons per City Council direction. The deadline for Council action on this item is July 15,2001. 3. Find the zone change inconsistent with the purpose and intent of the 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 denying the rezoning. The staff recommends Alternative # 1. A motion and second to adopt an Ordinance rezoning this property to the R-4 (High Density Residential) district is required. This action requires approval by 4/5 vote of the City Council. 1:\01 files\O 1 rezone\shepherd\cc report 2.doc . 1 r Page 3 CITY OF PRIOR LAKE ORDINANCE NO. 01~05 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-4 (High Density Residential) . LEGAL DESCRIPTION: The Southwest Quarter of the Southeast Quarter and the East one-half of the Southeast Quarter of the Southwest Quarter of Section 22, Township 115, Range 22, Scott County, Minnesota. Excepting from the above property the following: EXCEPTION NO.1: The North 4.00 rods of the East one-half of the Southeast Quarter of the Southwest Quarter of said Section 22. EXCEPTION NO.2: The North 4.00 rods of the West 2.00 rods of the Southwest Quarter of the Southeast Quarter of said Section 22. EXCEPTION NO.3: The East 1200 feet of the South 800 feet of the Southwest ~ of the Southeast ~ of Section 22, Township 115, Range 22. And That part of the Southeast Quarter of the Southeast Quarter lying West of the East one- quarter of said Southeast Quarter of the Southeast Quarter, Section 22, Township 115, Range 22, Scott County, Minnesota. Excepting therefrom the following described property: That part of the Southeast Quarter of the Southeast quarter of Section 22, Township 115, Range 22, Scott County, Minnesota, lying West of the East one-fourth of the Southeast Quarter of the Southeast Quarter and east of the following described line: Beginning at a point on the South line of said Southeast Quarter of the Southeast Quarter distant 487.82 feet West of the southeast comer thereof; thence north parallel with the east line of said Southeast Quarter of the Southeast Quarter to the intersection with the north line of said Southeast Quarter of the Southeast Quarter and there terminating. Scott County, Minnesota. 1:\0 I fi1es\0Irezone\shepherd\ordOl xx. doc Page I 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER This ordinance shall become effective from and after its passage and publication. Unanimously passed by the City Council of the City of Prior Lake this 4th day of June, 2001. ATTEST: City Manager Mayor Published in the Prior Lake American on the 9th day of June, 2001. Drafted By: Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 J :\0 1 fiJes\O 1 rezone\shepherd\ordO 1 xx.doc Page 2 .. .... Location Map I I I I '- "-, ~~ v~- \ j ~-1 \ - '> .~~ ~)r\ ~ i N A 600 0 600 1200 Feet I I . ... Planning Commission Meeting April 9. 2001 Criego: · Encourage island residents to come forward and give the Commission input. % C. Case File # 01-014 Shepherd of the Lake Church is requesting a zone change for the property located in Section 22, Township 115 North, Range 22 West, Scott County. Planning Coordinator Jane Kansier presented the Planning Report dated April 9, 200 I, on file in the office of the City Planner. Shepherd of the Lake Lutheran Church has filed an application for a zone change on the property located north of CSAH 42 and east and west of McKenna Road, about 1/8 mile west of CSAH 21. The proposal is to rezone the property from the A (Agricultural) district to the R-4 (High Density Residential) District. Staff felt the proposed R-4 district is consistent with the Comprehensive Plan Land Use designation. The R-4 district allows residential development with densities up to 30 units per acre. In this case, the applicant is proposing to develop the entire site as a faith based community, consisting ofreligious worship, senior housing, community recreation and social space, education, daycare and a conference center. The first phase of this development will consist of a church building. There is no timeline for the development of future phases. Lemke: . Question on extension of services. Kansier explained the process and the developer's contract. Comments from the public: Steve Erickson, BWBR Architects, said the first issue was to have the Comprehensive Plan amended. The next process is that the rezoning is consistent with the Comprehensive Plan and uses. The applicant's estimation is that the process is moving along at the appropriate pace. The only other issue is the schedule for water extension on the site. In the event, the construction on County Road 42 does not coincide with the Church's schedule of the construction, they would accelerate their plan and enter into a developer's agreement with the City. They will continue ahead with plans for the property but have no definitive schedule for breaking ground. The public hearing was closed. Comments from the Commissioners: Lemke: . The request is valid and should be rezoned. L:\O I files\O I plancomm\O I pcminutes\mn04090 I.doc 12 .. ..,.,. 'I' o>e.. ern .E~ ~ m ~ :m m ~ 1ll ~ 1ll "u 'l/i~i~~i~ ~ ~ .- & ~ ~ ~ Y.l - oID81 ID "lii~as .~ 'iII a:: a:: ~ a:: 8 :;) .- c :x 1ii '5 E Ul >. CD Ul .- ffi ::I -,... -~~::I~~ b~~~~ ~~. ~~~-~~I~,CDUl_ m~ ~~~I~ s~illl ~I ~~~~~~~8~~~~~~ ~~ <(~d:~;t;t03300:Lcn~~ IDD~I~wIIIIIIDw~~ w z*oo ~ ~ ~ l- e -- I- e... o ~ +-' o :;:::;::::;:.;;:::;:.:; .1,11:'11.11.:,""[1 -r- --0 S::o ~~ ~co ~"fi ~L.. O>~ .5~ s::__ S::m m-s. 0..:::::> ~ Q) C ..- CJ) co . en ::> 0... C-o Q) C ~~ 0.. E 8 ~ ~ L- o -- L- a.. 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