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HomeMy WebLinkAbout99-45 RESOLUTION 99-45 RESOLUTION DENYING A PROPOSED AMENDMENT TO THE 2010 COMPREHENSIVE PLAN LAND USE MAP AND ZONE CHANGE REQUEST FOR THE PROPERTY LOCATED SOUTH OF FISH POINT ROAD AND WILDERNESS TRAIL AND EAST OF THE PONDS ATHLETIC FACILITY MOTION BY: Kedrowski SECOND BY: Wuellner WHEREAS, D. R. Horton and Deerfield Development submitted an application to amend the City of Prior Lake 2010 Comprehensive Plan Land Use Map from the R-UMD (Low to Medium Density Residential) to the R-HD (High Density Residential) designation, and to amend the Zoning Map from the A (Agricultural) district to the R-4 (High Density Residential) district for the property legally described as follows: That part of the Northeast 1/4 of the Northwest 1/4, the Southeast 1/4 of the Northwest 1/4 and the Northeast 1/4 of Section 12, Township 114, Range 22, Scott County, Minnesota, described as follows: Beginning at the northwest corner of said Northwest 1/4; thence S89027'21"E, along the north line of said Northwest 1/4, a distance of 243.25 feet; thence S16023'55"E a distance of 249.70 feet; thence S34017'20"E a distance of 200.27 feet; thence S17029'04"E a distance of 446.77 feet; thence S33024'22"E a distance of 642.42 feet; thence S17016'23"W, a distance of 176.54 feet; thence S74029'33"W a distance of 838.70 feet; thence S39018'53"W a distance of 234.31 feet; thence S75035'18"W a distance of 602.70 feet; thence S46033'19"W a distance of 180.00 feet; thence N83055'35"W a distance of 420.00 feet; thence N22010'30"W a distance of 780.00 feet; thence N69007'37"E a distance of 635.00 feet; thence S28017'16"E a distance of 280.00 feet; thence N68028'38"E a distance of 410.00 feet; thence N11046'22"W a distance of 90.00 feet; thence S84045'12"W a distance of 123.89 feet; thence N16029'32"W a distance of 300.00 feet; thence N85003'53"W a distance of 145.00 feet; thence N10032'52''E a distance of 445.00 feet; thence N03042'16"E a distance of 510.00 feet to the north line of said Northeast 1/4 of the Northwest 1/4; thence S89049'16"E, along said north line of the Northeast 1/4 of the Northwest 1/4, a distance of 668.00 feet to the point of beginning. 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 public hearings on April 26, 1999 and May 10, 1999, for those interested in this request to present their views; and 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER WHEREAS, on April 26, 1999, the Planning Commission recommended denial of the proposed amendment to the Comprehensive Plan and the proposed Zoning District Change; and WHEREAS, on May 17, 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 to rezoned the same property to the R-4 District; and WHEREAS, the City Council received the recommendation of the Planning Commission to deny the proposed Comprehensive Plan amendment and zone change along with the staff reports and the minutes of the Planning Commission meetings; 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) and to rezone the above described property to the R-4 (High Density Residential) district is hereby denied based upon the following findings of fact. FINDINGS OF FACT 1. The sewer capacity for this site is significantly less than the permitted density under the R-HD designation and the R-4 District. 2. The type of development proposed on this property can be accomplished in the R-UMD designation through the use of the conditional use permit process and the Planned Unit Development process. 3. The applicant has not provided any information to indicate the existing Comprehensive Plan designation and zoning of the property is incorrect. Passed and adopted this 17th day of May, 1999. YES Mader X Mader Kedrowski X Kedrowski Petersen X Petersen Schenck Absent Schenck Wuellner X Wuellner NO {Seal}