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Home My WebLink About9D - Zone Change (02-008) MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT MARCH 18, 2002 9D JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF AN ORDINANCE APPROVING A ZONE CHANGE TO THE R.4 DISTRIClON THE PROPERTY LOCATED ON THE WEST SIDE OF PIKE LAKE TRAIL: DIRECTLY SOUTH OF FOUNTAIN HILLS DRIVE (Case File #02.008) . History: Wensmann Realty, Inc., has filed an application for a zone change for the property located on the west side of Pike Lake Trail, directly south of Fountain Hills Drive and about 1/8 mile south of CSAH 42. The proposal is to rezone the property from the C-5 (Business Park) and the C-4 (General Business) district to the R-4 (High Density Residential) District. The Planning Commission reviewed this request aLa public hearing on February 25, 2002. 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 draft minutes of the Planning Commission meeting of February 25, 2002, is attached to this report. Current Circumstances: The total site consists of approximately 10 acres. This property is currently vacant land. The site has a varied topography. The site generally drains from the south to the north and the northeast. There is also a 2.99 acre wetland located on the northeast side of this property. The site is subject to the provisions of the State Wetland Conservation Act. Access to this property is presently from Fountain Hills Court, a cul-de-sac located on the south side of Fountain Hills Drive. No additional access will be allowed from Pike Lake Trail. 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. 1:\02fi1es\02rezone\fountain hills\cc report. 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 Sewer and water services are available to serve this site. These services will be extended from the existing services located in CSAH 42, Fountain Hills Court and Pike Lake Trail to serve this site as part of this project. The existing utilities were sized for the development of this parcel when they were installed in 1999. To the north of this property is a commercial office and showroom building, zoned C-4 and designated for Commercial uses. Also to the north is a wetland, zoned C-4 and designated for Commercial and High Density Residential uses. To the west is vacant land zoned C-4 and designated for Commercial uses. To the south is the Vierling property, presently zoned C-5, and designated for High Density Residential uses. 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 Plan Map 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 site as a Planned Unit Development consisting of 64 townhouse units. The specific PUD plan and a preliminary plat are scheduled for a public hearing before the Planning Commission on March 11, 2002. The only question before the City Council at this time is the rezoning of the property. Minnesota Statutes Section 473.865, Subd. 2, also provides in pertinent part "[a] local governmental unit shall not adopt any official control or fiscal device which is in conflict with its comprehensive plan or which permits activity in conflict with metropolitan system plans." Minnesota Statutes Section 473.865, Subd. 3, provides in pertinent part "[i]f an official control conflicts with a comprehensive plan as the result of an amendment to the plan, the official control shall be amended by the unit within nine months following the amendment to the plan so as not to conflict with the amended comprehensive plan." The rezoning of this property to the R-4 district is consistent with this statute. The 40-acre Wensmann parcel was originally designated for Business Office Park uses in its entirety. Some years ago, Wensmann Company, the property owners, suggested that about half of the property be designated for residential uses. The 1:\02fi1es\02rezone\fountain hills\cc report. doc Page 2 Council expressed concern at that time about reducing the commercially designated land inventory. This 10-acre rezoning was considered more acceptable since this portion of the property abuts residentially guided property and is topographically more amenable to residential development. Staff would also suggest that the City Council, by motion, initiate the rezoning of other properties within the immediate vicinity that are inconsistent with the Comprehensive Plan designation. This would include the property immediately to the south of this site. Conclusion: The proposed R-4 district is consistent with the Comprehensive Plan designation of this site and with Minnesota Statutes. Therefore, the Planning Commission and the staff recommend approval of this request. FISCAL IMPACT: Budaet Impact: There is no direct budget impact involved in this request. ALTERNATIVES: The City Council has three alternatives: 1. Adopt an ordinance approving the Zone Change to the R-4 district. 2. Continue the review for specific information or reasons per City Council discussion. 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. RECOM~ENDED MOTION: 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 a majority vote of the City Council. There is an additional 60 acres of property in the immediate vicinity where an inconsistency exists between the Comprehensive Plan and Zoning Map. The staff will remedy this problem at the same time the residential density issues is addressed. REVIEWED BY: Frank Boyles, City Manager 1:\02fi1es\02rezone\fountain hills\cc report. doc Page 3 CITY OF PRIOR LAKE ORDINANCE NO. 02..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 C-4. (General Business) and C-5 (Business Park) to R-4 (High Density Residential) . LEGAL DESCRIPTION: All that part of OUTLOT A, FOUNTAIN HILLS ADDITION, according to the recorded plat thereof, Scott County, Minnesota, lying easterly of the following described line and its northeasterly and southerly extensions. Commencing at the southea~t corner of said Outlot A; thence on an assumed bearing of :South 89 degrees 30 minutes 04 seconds West, along the south line of said Outlot A, a distance of 806.77 feet, to the point of beginning of the line to be described; thence North 00 degrees 05 minute~ 58 seconds East, a distance of 398.10 feet; thence North 39 degrees 40 minutes 41 seconds East, a distance of 67.05 feet, to the north line of Outlot A and there terminating. . 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 18th day of March, 2002. ATTEST: City Manager Mayor Published in the Prior Lake American on the 23rd day of March, 2002. 1:\02files\02rezone\fountain hills\ord02xx.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 YES NO Haugen Haugen Vacant Vacant Gundlach Gundlach Petersen Petersen Zieska Zieska Drafted By: Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 1: \02fiJes\02rezone\fountain hills\ord02xx.doc Page 2 Location Map t<<F1'H IT. NL Property to be rezoned to R-4 I. II 50 I o 50 100 Feet + Q) (I) c: :> CJ) '" ._ ~ '"u CJ)..j- c: a.. (1)"'0 ..c c: ~~ a. E 8 ~ ~ L.- o at: C- '0 ~ o ll.J z.~ G ~~ VI ~ ~ J ~'r:: ~ 6 ~ ~~ 1'~ ~ ~ Iii ~ ::J'- U ~~ ; If ala ,g ~ ~~~ii iii~~~ ilIZ~ ~ ! Uh ~ ~~8U f~ I'~~ li !IH~ ~ i~~U w~ )H~ ! ] 001 J I[JIII i I ~ 1011 o ~ -.q- T- 'N'..oo:- . .,. (ij :P (ij_ ~ 'ill 'f 'ill .~ .- :tlI :.c! ~ 'f i lB '@ I:: .- -8 :g 6 ~ ~ ~ .- .~ Ul (ij 'ii! 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