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Home My WebLink About9D - Zone Change Request MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT APRIL 1, 2002 9D JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF A RESOLUTION AMENDING THE COMPREHENSIVE PLAN AND AN ORDINANCE APPROVING A ZONE CHANGE REQUEST FOR 4.34 ACRES OF PROPERTY LOCATED IN THE SOUTHEAST ~ OF THE NORTHEAST % OF SECTION 11, SPRING LAKE TOWNSHIP (Case File #02-014) History: On February 4, 2002, the City Council adopted a resolution annexing 4.34 acres ofland located on the northeast side of Mush town Road, between Pondview Trail and Toronto Avenue in Section 11, Spring Lake Township. Since this property was not included on the City plans, the Council also initiated an amendment to the City Comprehensive Plan and Zoning Map to include this property. The proposed amendment designates this property for Low to Medium Density Residential uses on the 2020 Comprehensive Plan Map and zones the property as R-l (Low Density Residential) on the City Zoning Map. The Planning Commission reviewed this request at a public hearing on March 11, 2002. The Commission voted to recommend approval of this Comprehensive Plan amendment and rezoning on the basis that the proposed designation and zoning district are consistent with the Comprehensive Plan designation and zoning of the adjacent property. A copy of the minutes of the Planning Commission meeting of March 11, 2002, is attached to this report. Current Circumstances: The total site consists of 4.34 acres. Until very recently, there was an old farmstead and outbuildings located on the site; however, these buildings were recently demolished. The site has a varied topography. There is a wetland approximately 35,971 square feet in area located on the eastern side of the site. The northern tip of the site is also located within a larger wetland to the 1:\02fi1es\02rezone\red cedar heights\cc report.doc Pa.se I 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (%2) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER north. 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. There are two access points to this site. Overlook Drive, located west of Toronto Avenue, is platted to the eastern boundary of the site and can be extended to serve this property. Access to the site may also be obtained from Mushtown Road on the south. The property to the north, east and west of this site is designated for Low to Medium Residential uses and is zoned R-l. The adjacent property is also platted as residential lots in the W oodridge Estates and Windstar developments. The property to the south is located outside of the Prior Lake City limits, and is designated as an Urban Growth Expansion Area on the Scott County Comprehensive Plan. The Issues: COMPREHENSIVE PLAN AMENDMENT: The proposed amendment to the Comprehensive Plan includes this area on the City's Comprehensive Plan Map and designates the area for Low to Medium Density Residential uses. This designation is consistent with the Land Use Plan designation of the surrounding area. The applicant has submitted a concept plan for the development of this property with single family lots. This type of development is also consistent with the proposed R-LIMD designation. The Comprehensive Plan goals and objectives, which are applicable to this request, are as follows: GOAL: SUITABLE HOUSING AND ENVIRONMENT: Encourage the development of suitable housing in a desirable environment. OBJECTIVE No.1: Provide opportunities for a variety of affordable high quality housing. OBJECTIVE No.2: Maintain a choice of and encourage development of quality residential environments. OBJECTIVE No.3: Provide suitable passive open space for the preservation of the natural environment and the enjoyment of residents. The proposed designation is consistent with the above stated goals and objectives in that it offers a variety of housing, and it provides open space and the preservation of the natural elements of the site. 1:\02fi1es\02rezone\red cedar heights\cc report.doc Page 2 FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: ZONE CHANGE REQUEST: 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-l district is consistent with the proposed R-LIMD designation. This district is also consistent with the zoning of the surrounding area. Conclusion: The proposed Comprehensive Plan designation is consistent with the designation and development of the surrounding area. The R-l district is also consistent with the R-L/MD designation and the zoning of the surrounding area. Therefore, the Planning Commission and the staff recommend approval of this request. Budf!et Impact: There is no direct budget impact involved in this request. The City Council has three alternatives: 1. Adopt a resolution amending the Comprehensive Plan to include this area and designate it as R-L/MD and adopt an ordinance approving the Zone Change to the R-l district. 2. Continue the review for specific information or reasons per City Council discussion. 3. Find the Comprehensive Plan amendment and 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. The staff recommends Alternative #1. Two motions are required: 1:\02fi1es\02rezone\red cedar heights\cc report. doc Page 3 I. A motion and second to adopt a resolution approving the Comprehensive Plan Amendment to designate the 4.34 acres as Urban Low to Medium Residential (R-L1MD) is required. 2. A motion and second to adopt an ordinance rezoning this property to the R-l(Low Density Residential) district is required. REVIEWED BY: Frank 1:\02files\02rezone\red cedar heights\cc report. doc Page 4 vr RESOLUTION 02~ RESOLUTION APPROVING AN AMENDMENT TO THE 2020 COMPREHENSIVE PLAN LAND USE MAP FOR PROPERTY LOCATED IN THE SOUTHEAST Y4 OF THE NORTHWEST Y4 OF SECTION 11, SPRING LAKE TOWNSHIP JP MOTION BY: SECOND BY: Jl RECITALS WHEREAS, The City of Prior Lake Planning Commission initiated an amendment to the City of Prior Lake 2020 Comprehensive Plan Land Use Map to include property on the 2020 Comprehensive Plan Land Use Map and to designate the property as R-UMD (Low to Medium Density Residential) for the property legally described as follows: That part of Government Lot 4 and that part of the Southeast Quarter of the Northwest Quarter of Section 11, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at the point of intersection of the North line of said Government Lot 4 and the center line of the Town Road as platted in the plat of Maple Acres, said point of intersection being 1693.80 feet East of the Northwest corner of said Section 11; thence East along said North line a distance of 230.98 feet to the point of beginning of the tract of land to be described; thence South 19 degrees 27 minutes 00 seconds East a distance of 100.00 feet; thence South 17 degrees 20 minutes 48 seconds East a distance of 99.48 feet; thence South 16 degrees 32 minutes 58 seconds East a distance of 99.67 feet; thence South 17 degrees 11 minutes 00 seconds East a distance of 210 feet more or less to the Northeast corner of the plat of O'Rourke Addition; thence continuing South 17 degrees 11 minutes 00 seconds East along the Easterly line of said Addition a distance of 300.00 feet to the Southeast corner of said Addition; thence South 17 degrees 11 minutes 00 seconds East a distance of 40.00 feet; thence South 72 degrees 49 minutes 00 seconds West a distance of 217.79 feet to the center line of a Town Road; thence Southeasterly along said center line to its intersection with the East line of said Southeast Quarter of the Northwest Quarter; thence Northerly along said East line and the East line of said Government Lot 4 to the Northeast corner of said Government Lot 4; thence Westerly along the North line of said Government Lot 4 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 a public hearing on March 11, 2002, for those interested in this request to present their views; and 1:\02fi1es\02compam\red cedar heights\cc resolution.doc Pa.ge 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, On March 11, 2002, the Planning Commission recommended approval of the proposed amendment to the Comprehensive Plan on the basis the R-L1MD designation is consistent with the goals and objectives of the Comprehensive Plan, and is consistent with the designation and existing use of the adjacent property; and WHEREAS, On April 1, 2002, the Prior Lake City Council considered the proposed amendment to the 2020 Comprehensive Plan Land Use Map to include the property on the Comprehensive Plan Land Use Map and to designate the above described property to the R-L1MD designation and; WHEREAS, The City Council received the recommendation of the Planning Commission to approve the proposed Comprehensive Plan amendment along with the staff reports and the minutes of the Planning Commission meeting; 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 herein fully incorporated herein as set forth above. 2. The proposed amendment to the 2020 Comprehensive Plan Land Use Map to designate the above described property as R-L1MD (Low to Medium Density Residential) is hereby approved. 3. Approval of this amendment is subject to the approval of the Metropolitan Council. Passed and adopted this 1 sl day of April, 2002. YES NO Haugen Haugen Vacant Vacant Gundlach Gundlach Petersen Petersen Zieska Zieska {Seal} Frank Boyles, City Manager City of Prior Lake 1:\02fi1es\02compam\red cedar heights\cc resolution. doc Page 2 CITY OF PRIOR LAKE ORDINANCE NO. 02~ 03 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 to R-1 (Low Density Residential) . LEGAL DESCRIPTION: That part of Government Lot 4 and that part of the Southeast Quarter of the Northwest Quarter of Section 11, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at the point of intersection of the North line of said Government Lot 4 and the center line of the Town Road as platted in the plat of Maple Acres, said point of intersection being 1693.80 feet East of the Northwest corner of said Section 11; thence East along said North line a distance of 230.98 feet to the point of beginning of the tract of land to be described; thence South 19 degrees 27 minutes 00 seconds East a distance of 100.00 feet; thence South 17 degrees 20 minutes 48 seconds East a distance of 99.48 feet; thence South 16 degrees 32 minutes 58 seconds East a distance of 99.67 feet; thence South 17 degrees 11 minutes 00 seconds East a distance of 210 feet more or less to the Northeast corner of the plat of O'Rourke Addition; thence continuing South 17 degrees 1'1 minutes 00 seconds East along the Easterly line of said Addition a distance of 300.00 feet to the Southeast corner of said Addition; thence South 17 degrees 11 minutes 00 seconds East a distance of 40.00 feet; thence South 72 degrees 49 minutes 00 seconds West a distance of 217.79 feet to the center line of a Town Road; thence Southeasterly along said center line to its intersection with the East line of said Southeast Quarter of the Northwest Quarter; thence Northerly along said East line and the East line of said Government Lot 4 to the Northeast corner of said Government Lot 4; thence Westerly along the North line of said Government Lot 4 to the point of beginning. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 151 day of April, 2002. ATTEST: City Manager Mayor 1:\02fi1es\02rezone\red cedar heights\ord02xx.doc Page J 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / J:-ax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER YES NO Haugen Haugen Vacant Vacant Gundlach Gundlach Petersen Petersen Zieska Zieska Published in the Prior Lake American on the 6th day of April, 2002. 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