HomeMy WebLinkAbout00-05 RESOLUTION 00-05
RESOLUTION DENYING A PROPOSED AMENDMENT TO THE 2010 COMPREHENSIVE PLAN
LAND USE MAP FOR THE PROPERTY LOCATED AT 4520 TOWER STREET
MOTION BY: ERICSON SECOND BY: GUNDLACH
WHEREAS, Northview Development submitted an application to amend the City of Prior Lake
2010 Comprehensive Plan Land Use Map from the C-CC (Community Retail
Shopping) to the R-HD (High Density Residential) designation) for the property legally
described as follows:
Lot 1, Block 2, Enivid First Addition; and That part of Outlot A, Enivid First Addition,
contained within the following described tracts: That part of Lot 1, Block 3, Brooksville
Center 1st Addition, according to the plat on file in the office of the County Recorder,
Scott County, Minnesota, described as beginning at the southwest corner of said Lot
1; thence North 00 degrees 04 minutes 17 seconds West record bearing, along the
west line of said Lot 1,300.00 feet to the south line of a roadway and utility easement;
thence North 89 degrees 55 minutes 43 seconds East along said south line 51.99
feet; thence North 28 degrees 34 minutes 57 seconds East along the southeasterly
line of said easement 247.34 feet to the south line of South Anna Lane, now known as
Tower Street; thence southeasterly along said south line 105.18 feet, along a
nontangential curve, concave to the southwest, having a central angle of 2 degrees 21
minutes 55 seconds, a radius of 2,547.98 feet and the chord of said curve bears
South 75 degrees 28 minutes 12 seconds East; thence South 74 degrees 17 minutes
15 seconds East, tangent to said curve 39.82 feet; thence South 1 degree 30 minutes
45 seconds West a distance of 379.84 feet; thence South 71 degrees 30 minutes 13
seconds West 316.39 feet to the point of beginning. Together with that part of the
south half of vacated South Anna Lane, known as Tower Street, which lies between
the northerly extension of the easterly line of said property and the southwesterly
extension of the westerly line of Lot 2, Block 1, Brooksville Center 2nd Addition,
according to the recorded plat thereof.
and
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 August 9,1999, for those
interested in this request to present their views; and
WHEREAS, on August 9, 1999, the Planning Commission recommended denial of the proposed
amendment to the Comprehensive Plan; and
WHEREAS, on November 15,1999, the Prior Lake City Council considered the application to
amend the 2010 Comprehensive Plan Land Use Map to designate the above
described property to the R-HD designation and;
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16200 l~gle ~-~e~]~ Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 /P~x1 (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
WHEREAS, the City Council received the recommendation of the Planning Commission to deny
the proposed Comprehensive Plan amendment along with the staff reports and the
minutes of the Planning Commission meetings; and
WHEREAS, on December 20, 1999, the City Council scheduled a public hearing on this matter to
ensure all persons the opportunity to present their views; and
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 City Council conducted a public hearing on January 18, 2000, for those interested
in this request to present their views; 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
the proposed amendment to the 2010 Comprehensive Plan Land Use Map to designate the above
described property as R-HD (High Density Residential) is hereby denied based upon the following
findings of fact.
FINDINGS OF FACT
1. The burden is on the applicant to demonstrate that the Comprehensive Plan designation is in error
and that a change is justified.
2. The applicants have failed to demonstrate that the current Comprehensive Plan designation of C-CC
(Community Commercial) is inappropriate and that it should be changed.
3. The Prior Lake Planning Commission recommended denial of the request based on an insufficient
supply of commercially-zoned property within the City. This request would reduce the supply of
commercially-zoned land in the City by 2.92 acres. The Implementation section of the
Comprehensive Plan calls for the creation of additional commercial and industrial zoning districts as
a means of enhancing the City tax base.
4. There has not been a material change in the area or conditions affecting the site since the
Comprehensive Plan was adopted in 1996; however, in the past 18 months, two new commercial
developments have been added or contemplated for lots in the immediate area. These include a
hardware store on a lot one-half block to the northwest, and the potential construction of a new post
office on the site directly across the street from this lot.
5. The applicant relies upon the section of the 2010 Comprehensive Plan which states on page 57 that
areas designated C-CC should have a minimum of 10 acres.
6. Commercial designation of the property is not affected by the 10 acre limitation on property in the C-
CC designation because this provision applies to the entire district and not to individual parcels within
the area so designated. For example, the new hardware store and the potential post office site are
both on lots less than 10 acres in size. The entire commercial area, however, exceeds the 10 acre
minimum.
7. Although the applicant relies on the Rental Housing Study recently commissioned by the Scott
County Housing and Redevelopment Authority as justification for a Comprehensive Plan amendment
of the subject property to R-HD ( High Density Residential), the Scott County Housing and
Redevelopment Authority study on rental housing in Scott County did not indicate there was a severe
shortage of land available for multiple family development in the City.
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8. The recitals set forth above are incorporated herein.
Passed and adopted this 18th day of January, 2000.
YES NO
Mader X Mader
Ericson X Ericson
Gundlach X Gundlach
Petersen Petersen X/~
//
Schenck X Schenck J~-_~
{Seal} Frank er
City ol Pri~
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