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HomeMy WebLinkAbout9D - Hass Lake MEETING DATE: AGENDA #: PREP ARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT JUNE 3, 2002 9D JANE KANSIER, PLANNING COORDINATOR DON RYE, COMMUNITY DEVELOPMENT DIRECTOR CONSIDER APPROVAL OF 1) AN ORDINANCE APPROVING A ZONE CHANGE REQUEST FOR THE PROPERTY LOCATED IN THE NORTHEAST ~ OF THE NORTHEAST ~ OF SECTION 28, TOWNSHIP 115, RANGE 22, AND 2) AN AMENDMENT TO THE ORDINANCE RECLASSIFYING HASS LAKE (Case File #02-019) History: Shamrock Development and Wesley Langhoff have filed an application for a Zone Change for the property located on the south side of CSAH 42, approximately Y2 mile east of CSAH 83 and directly west ofHass Lake. The request is to rezone the property from the A (Agricultural) District to the R-l (Low Density Residential) District, and to change the designation ofHass Lake from a Natural Environment Lake to a Recreational Development Lake. The Planning Commission reviewed this request at a public hearing on May 13,2002. The Commission voted to recommend approval of this rezoning on the basis that the proposed R-1 zoning district is consistent with the Comprehensive Plan designation and zoning of the adjacent property. The Commission also recommended approval of the reclassification ofHass Lake to a Recreational Development Lake based on the existing development surrounding the lake, the availability of public sewer and water services, and the abutting major arterial roadway. A copy of the draft minutes of the Planning Commission meeting of May 13,2002, is attached to this report. Current Circumstances: The total site consists of 20.04 acres. There is an existing house and outbuildings located on this site, which will either be demolished or incorporated into the plat. This site has a varied topography, with elevations ranging from 907' MSL at the east side ofthe site to 960' MSL at the center of the site. 1:\02fi1es\02rezone\02-044 stanton\cc report. 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 The area immediately adjacent to Hass Lake on the east side of the property is classified as a bluff under the Shoreland Ordinance. The current access to this site is from CSAH 42. The site will be developed in conjunction with the property to the west. The access roads will be a part of this development. The property to the north, across CSAH 42, is zoned R-1 and is designated for R-HD uses on the 2020 Comprehensive Plan. The property to the east is zoned A, and is designated for R-LIMD uses. The property to the west and the south is zoned R-1 and PUD, and is designated for R-L1MD uses. The Issues: ZONE CHANGE REQUEST (A TO R-l): 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-1 district is consistent with the existing R-LIMD designation. This district is also consistent with the zoning of the surrounding area. HASS LAKE DESIGNATION: Hass Lake is currently classified as a Natural Environment Lake. The applicant is requesting that the designation be changed to a Recreational Development Lake. According to the State Shoreland Rules S6120.3000, "natural environment lakes are generally small, often shallow lakes wiih limited capacities for assimilating the impacts of development and recreational use. They often have adjacent lands with substantial constraints for development such as high water tables, exposed bedrock, and unsuitable soils. These lakes, particularly in rural areas, I:\02files\02rezone\02-044 stanton\cc report. doc Page 2 usually do not have much existing development or recreational use. " Riparian lots adjacent to a natural environment lake have a minimum lot area of 40,000 square feet and a minimum lot width of 125 feet. Nonriparian lots must be at least 20,000 square feet in area and 100 feet wide. Recreational development lakes, on the other hand, are defined as "generally medium-sized lakes of varying depths and shapes with a variety of landform, soil, and groundwater situations on the lands around them. They are often characterized by moderate levels of recreational use and existing development. Development consists mainly of seasonal and year-round residences and recreationally- oriented commercial uses. Many of these lakes have capacities for accommodating additional development and use." The minimum lot area and lot width for a riparian lot adjacent to a recreational development lake is 15,000 square feet and 90 feet. The minimum lot area for a nonriparian lot is 12,000 square feet with 86 feet of frontage at the front building line. When Hass Lake was originally classified, it met the criteria for a natural environment lake. At that time, the area was primarily rural, with limited adjacent development. The potential for development would remain limited until public sewer and water were extended to the area. Since that time, however, there has been a substantial change in the surrounding area. CSAH 42, a major arterial, directly abuts the lake. A significant golf course and residential development is also adjacent to the lake to the south. In addition, sewer and water services have been extended to this area, and any development will be connected to these services. The steep slopes and bluff around the lake will also limit the development directly adjacent to the lake. The DNR has met with the developer and the staff to discuss the proposed reclassification. As noted in the attached letter from Pat Lynch, Area Hydrologist, the DNR is generally supportive of this reclassification, based on the understanding that the area directly adjacent to the lake will be preserved and be dedicated to the City. This dedication would be accomplished at the time of platting. Following City Council approval of this amendment, the staff will transmit a request to officially change the lake designation to the DNR. The DNR has the final authority to approve or deny the reclassification of the lake. The ordinance approving the amendment to the City Zoning Ordinance will not be published until the DNR officially approves the lake reclassification. Conclusion: The R-1 district is also consistent with the R-L/MD designation and the zoning of the surrounding area. The proposed 1:\02files\02rezone\02-044 stanton\cc report.doc Page 3 FISCAL IMP ACT: AL TERNA TIVES: RECOMMENDED MOTION: REVIEWED BY: classification of Hass Lake to a recreational development lake is also justified based on the existing development surrounding the lake, the availability of public sewer and water services, and the abutting major arterial roadway. Therefore, the Planning Commission and the staff recommend approval of this request. RlJ(lgpf Tmpnrf' There is no direct budget impact involved in this request. The City Council has three alternatives: 1. Adopt an ordinance approving the Zone Change to the R-I district and adopt an ordinance amending the text of the ordinance to classify Hass Lake as a Recreational Development Lake. 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. The staff recommends Alternative #1. Two motions are required: 1. A motion and second to adopt an ordinance rezoning the property to the R-I (Low Density Residential) district is required. 2. A motion and second to adopt an ordinance amending the Zoning Ordinance to classify Hass Lake as Recreational Development Lake is required. 1:\02files\02rezone\02-044 stanton\cc report. doc Page 4 CITY OF PRIOR LAKE or ORDINANCE NO, 02~ 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-1 (Low Density Residential) . LEGAL DESCRIPTION: The East ~ of the Northeast ~ of the Northeast ~ of Section 28, Township 115, Range 22, Scott County, Minnesota. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 3rd day of June, 2002. ATTEST: City Manager Mayor YES NO Haugen Haugen Gundlach Gundlach LeMair LeMair Petersen - Petersen Zieska Zieska Published in the Prior Lake American on the 8th day of June, 2002. Drafted By: Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 1:\02fi1es\02rezone\02-044 stanton\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 .--..-----.,.-....--'------.--. .---..--. .'--.-..---------.---..----...-..'..--.......--r--.---....--...... CITY OF PRIOR LAKE ORDINANCE NO, 02- ~ ~ AN ORDINANCE AMENDING SECTION 1104,201 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. Section 1104.201 of the Prior Lake City Code is hereby amended to delete the strikethrough wording and add the underlined wording as follows: Natural Environment Lakes DNR ID No, OHWM 1. Howard Lake 70-73P 957.3 Township Il4, 115N, Range 22W, Sections 5, 32 2. Pike Lake 70-76P 820.5 Township II5N, Range 22W, Section 23 3. Unnamed (Arctic Lake) 70/85 906.7 Township II5N, Range 22W, Sections 33, 34SW 4. Keup's Lake (Mystic Lake) 70-79W 960.0 Township II5N, Range 22W, Section 27NW 5. Hass Lake ~ 9(p..,J TO'Nnship II5N, RangEl 22W, SElction 2+NW 65. Unnamed (Jeffer's Pond) 70-77 Not Township 115, Range 21, 22W, Section 27 established Recreational Environment Lakes DNR ID No, OHWM 1. Markley Lake 70-21 W Not Township 114N, Range 21, 22W, Section established 6.1 2. Unnamed (Blind Lake) 70-53 948.7 Township 114, Range 22W, Sections 1,2 3. Hass Lake 70-78 907.3 Township II5N, Range 22W, Section 27NW 1:\02fi1esI02rezone\02-044 stantonlhass ord.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. Passed by the City Council of the City of Prior Lake this yd day of June, 2002. ATTEST: City Manager Mayor YES NO Haugen Haugen Gundlach Gundlach LeMair LeMair Petersen Petersen Zieska Zieska Published in the Prior Lake American on the 8th day of June, 2002. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 1:\02files\02rezone\02-044 stanton\hass ord.doc ,.. ------- .._--,,_._-------'~_..""--"_._.,-,." PAGE 2 ~---_._-~---_.~~ I I ~ ~ ~ I Property to be Zoned R-1 . ~ ~ ~ ~ ~ ~ ~ ~e i 60 I o Location Map , I 1---:., l~: I ! ~ [ :, J I , ~I ! 1.,_ t : r~ weST WOODLAND TRl tNi --.----.1...-1 I , 1 ''\'~~ ..,,,~.. 1b~\ \il~\.__.\ '. \ \_-- , '. , -'--- ":~- ---,....-----~ , . \~ ---r -----1- \ i I , , '% t I \i I /~ S~/~J 60 Feet I + Iii :g ]! 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""'"" ,\ I\U 82 '1 Minnesota Department of N atural Reso~f S APR 2. 6 ,; Metro Waters - 1200 Warner Road, St. Paul, MN 5 Telephone: (651) 772-7910 Fax: (651) 772- April, 2002 Ms. Jane Kansier City of Prior Lake 16200 Eagle Creek Boulevard SE Prior Lake, Minnesota 55372-1714 RE: Hass Lake Reclassification, DNR Unnamed Basin #70-78W Dear Ms. Kansier: I am in receipt of the notification you sent regarding the rezoning of the 20 acres immediately west ofHass Lake (#70-78W) form agricultural to low density residential, and the reclassification ofHass Lake from a Natural Environment to Recreational Development shoreland classification. I have met with you and the developer, and indicated willingness to support the lake reclassification, with the understanding that the riparian (abutting the wetland) portion of the adjacent 20 acres would be in the city's ownership, and that the wooded hillslope west of the basin would be maintained in tree cover. To formally propose reclassification of the shoreland status, the city must write to me requesting same, and provide written justification as to why the reclassification is warranted. Once I receive this written request and justification, I formulate a recommendation to the DNR Waters Permits and Land Use Section Administrator for final action. This process may take two-four weeks for when I receive such a request from the city. If you have any questions, please contact me at 651-772-7917. Sincerely, ~~- Patrick J. Lynch ill Area Hydrologist DNR Information: 651-296-6157 · 1-888-646-6367 · TTY: 651-296-5484 · 1-800-657-3929 An Equal Opportunity Employer Who Values Diversity ..~ Printed on Recycled Paper Containing a .., Minimum of 20% Post-Consumer Waste T .____~._~_.___.~-...--<,-"..,--"-~.,---.,-."----.-.---..v_._..m....._.,.._...___ Amendment to Zoning Map - Brief description We would like to change the zoning of Hass Lake to recreational environmental as the area around this is being developed, and by changing this we would then be able to develop lots with 20,000 square feet making the installation of sewer and water more feasible. We are able to preserve the bluff area and are willing to convey to the City of Prior Lake a strip of land along the lake so as to preserve the lake and limit homeowner access. We are prosing to change agriculture land to residential, along with R5 as a buffer between single family construction and commercial. Planning Commission Meeting May 13,2002 This item will go befor # C. Case #02-044: Shamrock Development is requesting to amend the Zoning Ordinance to reclassify Hass Lake as a Recreational Development Lake and to rezone the adjacent 20 acres from the A (Agriculture) District to the R-l (Low Density Residential) District, Planning Coordinator Jane Kansier presented the Planning Report dated May 13,2002, on file in the office of the City Planning Department. Shamrock Development and Wesley Langhoffhave filed an application for a Zone Change for the property (20.04 acres) located on the south side of CSAH 42, approximately Yz mile east of CSAH 83 and directly west ofHass Lake. The request is to rezone the property from the A (Agricultural) District to the R-1 (Low Density Residential) District, and to change the designation of Hass Lake from a Natural Environment Lake to a Recreational Development Lake. The DNR has met with the developer and the staff to discuss the proposed reclassification. In his letter dated April 2002, Pat Lynch, Area Hydrologist, is generally supportive of this reclassification, based on the understanding the area directly adjacent to the lake will be preserved and be dedicated to the City. This dedication would be accomplished at the time of platting. The Planning staff recommended approval of the Zone Change and the reclassification of Hass Lake as proposed. Staff finds the proposed R-1 district consistent with the Comprehensive Plan designation. The proposed classification ofHass Lake to a recreational development lake is also justified based on the existing development surrounding the lake, the availability of public sewer and water services, and the abutting major arterial roadway. Atwood questioned the classification of the lake by today's regulations. Kansier responded it would most likely be classified as a recreational lake. Comments from the public: Nick PoIta of Pioneer Engineering represented the applicant, pointed out one of the recommendations from Pat Lynch, Area Hydrologist from the DNR, was the separation oflots on the lake. The developer designed the plan around their (DNR's) concerns. Tom Chaklos, 3161 140th Street, Shakopee, stated he owns the majority ofland around Hass Lake. He said it bothered him the City wants to make this change and never even talk to the people who own the property. Chaklos said his property was changed from Agriculture to Lakeshore Development according to Scott County, because that is what is in their plat book. Now Prior Lake is going to change the lake designation and not even L:\02FILES\02planning comm\02pcminutes\MN051302.doc 5 T Planning Commission Meeting May J 3, 2002 consult with the property owners. Although he is for the change, he felt the Planning Commission should have the input from the people affected by it. Stamson explained that was why the City holds public hearings. Chaklos said he did receive a Notice but felt he should have some input without a public hearing. He felt The Wilds has been screwed up twice with City ordinances. Problems with the past City Council destroyed the original plan. The new City Council should be aware of the problems. Chaklos is for the change only because it will increase the value of his property. His land is still zoned Agriculture. Chaklos has talked to the developer and has received more information from him than the City. When the City misuses the ordinance the residents pay the price. If this lake is changed to a recreational lake it is open to the public. Do people have access to use his property to get to the lake? Stamson responded the change of the designation does not affect the surrounding land in such a way that anyone would have access. It would not change the use of the lake. It is recognition from the DNR for what types of uses surrounding the lake can be used for. Chaklos said a boat was in the lake and the only way to it was through his property or The Wilds. He owns almost 40 acres. Criego asked Chaklos to point out his property boundaries. Choklas responded. He is in favor of the applicant's request. The hearing was closed at 7:30 p.m. Comments from the Commissioners: Lemke: · Agreed with staff and supported both requests. Atwood: · Questioned the allowances for natural versus recreational lake uses. Kansier said there is really no change. A public access would be determined as part of the plat. There would be limited access. The lake is not that big and will probably not accommodate boats. Maybe a dock to fish could be put in. · Questioned the boundaries. Kansier pointed out the boundaries. · Supported staffs recommendations. Ringstad: · Supported both requests. The designation of the natural environment lake was done several years ago and clearly the community has changed since that designation. · The property is surrounded by RI property and it makes sense to change. Criego: · Agreed with Ringstad. · Recommend the applicant pay particular attention to the DNR's recommendations to protect the bluff as well as the trees. L:\02FILES\02planning comm\02pcminutes\MN051302.doc 6 Planning Commission Meeting May 13, 2002 Stamson: . Agreed with Commissioners and supported both requests. . It is important to keep in mind in changing the designation of the lake does not change the use ofthe lake. The surrounding use of the land is effected. . The lake designation has changed over the years. . The change to R-1 is appropriate. MOTION BY CRIEGO, SECOND BY RINGSTAD, RECOMMENDING APPROVAL OF THE ZONE CHANGE REQUEST TO THE R-1 DISTRICT ON 20.04 ACRES. Vote taken indicated ayes by all. MOTION CARRIED. MOTION BY CRIEGO, SECOND BY RINGSTAD, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE ZONING ORDINANCE RECLASSIFYING HASS LAKE TO A RECREATIONAL DEVELOPMENT LAKE. Vote taken indicated ayes by all. MOTION CARRIED. This matter will go before the City Council on June 3, 2002. D. ases #02-055 (Rezoning); #02-038 (PUD Arne ment); #02-039 (Prelimi ry Plat); and 02-048 (Vacation) Wensma Homes have submitted application or an amendment to the Wensman st Addition PUD Plan and a preliminary p . This proposal adds 0.53 acre ofthe Kuper property, located along the east side of smann 2nd Addition, to t e existing PUD, The plan extends the private street and a s 4 townhouse units 0 the PUD plan. The vacation application is to vacate the existing rainage and u ' ity easement over Lot 39, . A rezoning of proximately 0.53 acres from th -1 (Low Density Residential) district to the -2 (Low to Medium Density Reside ial) district; . An amend ent to the Wensmann 1 st Addition Planne nit Development Plan; . A Preli nary Plat; . The v. cation ofthe existing drainage and utility easement ov W smann 2nd Addition. The proposal adds 0.53 acres to the east side ofthe existing PUD, extends the private streets and adds 4 townhouse units to the existing development. L:\02FILES\02planning comm\02pcminutes\MN051302.doc 7 ,_____.~_"._"~."..__..~~..._--.--..--.---.-~.---'-"-".--"._,___,,,""~._H.._.,,,,.~.____~N__~_'