HomeMy WebLinkAbout10B - Pike Lake Prop Rezone
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
DECEMBER 15,2003
10B
CYNTHIA KIRCHOFF, AICP, PLANNER
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF AN AMENDMENT TO THE PRIOR
LAKE ZONING MAP TO REZONE APPROXIMATELY 19 ACRES
FROM A (AGRICULTURE) TO R-4 (HIGH DENSITY RESIDENTIAL)
ON PROPERTY LOCATED NORTH OF CSAH 42, WEST OF PIKE
LAKE TRAIL, AND SOUTH OF PIKE LAKE
(Case File #03-125)
AGENDA ITEM:
INTRODUCTION:
History: R & K Sales, Inc. is requesting to rezone approximately 19
acres from A (Agricultural) to R-4 (High Density Residential) on
property located north of CSAH 42, west of Pike Lake Trail, and south
of Pike Lake. The applicant is requesting the Zoning Map
Amendment to facilitate the development of the site for town homes.
On November 24, 2003, the Planning Commission held a public
hearing on this item, and recommended approval by a unanimous
vote. During the public hearing, the Commission heard testimony
from four adjacent property owners who expressed concern about:
(1) the impacts the development of this property will have on the water
quality of Pike Lake, (2) increased traffic, and (3) the overall impact
townhomes will have on adjacent detached single family dwellings.
However, the Commission supported the Zoning Map Amendment
because it is consistent with the comprehensive plan designation. A
copy of the Planning Commission meeting minutes is attached.
Sackaround: The 2020 Comprehensive Plan guides the property R-
HD (Urban High Density Residential). This property is presently zoned
A (Agricultural), which is inconsistent with the comprehensive land
use plan designation. The R-HD designation "is characterized by
dwellings other than single family detached houses at the higher
residential densities. The dominant construction form is attached
homes and apartments. This classification is intended to provide an
opportunity to create population centers and to accommodate the
L:\03 Files\03 Rezone\R&K Sales\cc rep~ityof}1riorlake.com
Phone 952.447.4230 / Fax 952.447.4245
demand for affordable housing located near community activity
areas. n Corresponding zoning is R-4 (High Density Residential).
Within this designation, density is permitted to be a maximum of 30
units per acre.
DISCUSSION:
Current Circumstances: The following are the physical
characteristics of the subject property.
Total Site Area: The total site consists of approximately 19 acres. In
1997, the City purchased an easement for a regional pond that
extends over 10.36 acres of the property. Approximately 6 acres are
upland.
Veqetation: Vegetation extends around the perimeter of the site.
Future development of the property will be subject to the Tree
Preservation Ordinance.
Wetlands: A wetland is just to the west of the pond. The site is
subject to the provisions of the State Wetland Conservation Act. A
specific delineation will be required as part of a development
application.
Stormwater Pondino: A regional pond is located in the eastern portion
of the City's easement. This pond is at capacity; so additional
ponding will have to be provided on site for future development.
Shoreland: This property is within the Pike Lake Shoreland Overlay
District. Pike Lake is classified as a Natural Environment Lake.
Future development of the site must also comply with applicable
shoreland district requirements.
Access: Access to this property will be from Pike Lake Trail. The
developer of the property will be required to upgrade Pike Lake Trail
for access or submit an escrow to the City for the future
improvements. However, this will be addressed at the time of
subdivision. Pike Lake Trail is designated as a collector roadway in
the Comprehensive plan.
Utilities: Water service is available to this site from the northwest
corner of CSAH 42 and Pike Lake Trail. The Metropolitan Council
Environmental Services sewer interceptor is located in Pike Lake
Trail.
L:\03 Files\03 Rezone\R&K Sales\cc report.doc 2
Adiacent Land Use and Zonina: The following table details
surrounding land use and zoning.
North
Existin Land Use
Pike Lake
Zonin
R-1, Low Density
Residential
C-4, General Business
South
East
West
Issues: The applicant is proposing to develop the remaining 6 acres
of upland for townhomes. The R-4 use district permits Cluster
Housing as a Use Permitted with Conditions. Cluster Housing can be
developed with the following conditions:
(1) no more than 10 units in a single building,
(2) density shall not exceed 30 units per acre, and
(3) 600 square feet of useable open space shall be provided for each
dwelling unit.
As part of the project, water and sewer will need to be extended to the
site. Since Pike Lake Trail is currently an unimproved, gravel surface,
it must be upgraded to the satisfy this requirement. However,
infrastructure issues will be addressed at the time of subdivision.
Scott County provided comments concerning the future development
of the property (see Attachment 6). Comments focus on possible
additional right-of-way dedication.
Zonina Ordinance Amendment Findinqs
Section 1108.600 of the Zoning Ordinance states recommendations of
the Planning Commission and final determinations of the City Council
shall be supported by findings addressing the relationship of the
proposed amendment to the following policies:
. 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.
L:\03 Files\03 Rezone\R&K Sales\cc report.doc 3
CONCLUSION:
ALTERNATIVES:
RECOMMENDATION:
ATTACHMENTS:
Finding: The current zoning of the property (A, Agricultural) is
inconsistent with the R-HD land use designation on the 2020
Comprehensive Land Use Plan Map. The proposed zoning, R-4, is
the only zoning use district consistent with the R-HD designation. In
summary, the requested Zoning Map Amendment will carry out the
goals, objectives, and policies set forth in the comprehensive plan.
The applicant is proposing to develop the property for town homes.
Thus, the property must be rezoned from its current classification, A,
to R-4. The R-4 zoning classification is consistent with the R-HD land
use designation on the 2020 Comprehensive Land Use Plan Map.
Based upon the findings set forth in this report, staff recommends
approval. The Planning Commission supported staff's
recommendation.
The City Council has three alternatives:
1. Adopt an ordinance approving the rezoning as requested.
2. Deny the rezoning on the basis the request is inconsistent with the
purpose and intent of the Zoning Ordinances and/or the
Comprehensive Plan. In this case, the Council should direct the
staff to prepare a resolution with findings of fact based in the
record for the denial of these requests.
3. Defer consideration of this item and provide staff with specific
direction.
Staff recommends Alternative #1. This action requires the following
motions:
1. A motion and second adopting an ordinance rezoning property
located north of CSAH 42, west of Pike Lake Trail, and south of
Pike Lake from A (Agricultural) to the R-4 (High Density
Residential). Approval of this ordinance requires a majority vote
of the City Council.
1. Resolution 03-XX
2. Location map
3. Aerial Photo
4. 2020 Comprehensive Land Use Plan Map
L:\03 Files\03 Rezone\R&K Sales\cc report.doc 4
5. Zoning Map
6. Letter from Sc t County dated November 13, 2003
7. N e r 24 2003, Planning Commission meeting minutes
REVIEWED BY:
L:\03 Files\03 Rezone\R&K Sales\cc report. doc 5
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY OF PRIOR LAKE
ORDINANCE NO. 03-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 A (Agricultural) to R-4 (High Density Residential).
LEGAL DESCRIPTION:
All of the SE % of the SW % of Section 23, Township 115 North, Range 22 West, Scott County,
Minnesota, except that part described as follows:
Starting at the SE corner of said SE % of the SW %; thence north along the east line of said SE %
of the SW %, a distance of 707.3 feet to the point of beginning of the tract to be described:
Thence deflecting 58 degrees 55 minutes to the west, a distance of 542.95 feet; thence north
parallel to the east line of said SE % of the SW % to the north line of said SE % of the SW %;
thence east to the NE corner of said SE % of the SW % thence south to the point of beginning.
EXCEPT: that part of the SE % of the SW % of Section 23, Township 115 N, Range 22 W, Scott
County, Minnesota described as follows: Starting at the SE corner of said SE % of the SW %,
thence, on an assumed bearing, due north, along the East line of said SE % of the SW %, a
distance of 707.30 feet; thence N 58 degrees 55 minutes W a distance of 542.95 feet; thence due
south and parallel to the east line of said SE % of the SW % a distance of 235.04 feet; thence due
West, a distance of 27.00 feet to the point of beginning of the tract to be described herein; thence
continuing West on the same line, a distance of 120.00 feet; thence due North to the North line of
said SE % of the SW %; thence easterly along the North line of said SE % of the SW %, a
distance of 120.00 feet; thence due South, parallel to the East line of said SE % of the SW %, to
the point of beginning.
EXCEPT: The West 400 feet of the Southeast % of the Southwest % of Section 23, Township 115
North, Range 22 West, said 400 feet to be measured along the North and South lines of said
Southeast % of the Southwest %, according to the recorded plat thereof on file and of record in
the office of the Register of Deed in and for the County of Scott, Minnesota.
This ordinance shall become effective from and after its passage and publication.
1 :\03 files\03 rezone\r&k sales\ord03xx.doc
www.cityofpriorlake.com
Page 1
Phone 952.447.4230 / Fax 952.447.4245
Passed by the City Council of the City of Prior Lake this 15th day of December, 2003.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the _ day of
,2003.
Drafted By:
Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
1:\03 files\03 rezone\r&k sales\ord03xx.doc
Page 2
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SCOTT COUNTY PUBLIC WORKS DIVISION
HIGHW A Y DEPARTMENT, 600 COUNTRY TRAIL EAST. JORDAN, MN 55352-9339
(952) 496-8346. Fax: (952) 496-8365 . www.co.scott.mn.u5
LEZLlE A. VERMILLION
PUBLIC WORKS DIRECTOR
BRADLEY J. LARSON
COUNTY HIGHWAY ENGINEER
November 13,2003
Jane Kansier
City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, MN 55372
RE: Rezoning - Beneke Property
CSAH 42 and Pike Lake Trail
Dear Jane:
We have reviewed the rezoning for the Beneke Property. Although we do not have any concerns regarding the
rezoning, there are potential development issues that we would like to address at this time.
. The County has acquired significant drainage and utility easements on this property to address drainage for
CSAH 42. We would not like to see these easements impacted by future development.
. The County may require additional right-of-way dedication for CSAH 42 of up to 100 feet from centerline.
. Any development should incorporate a public road connection to the western property line that will
eliminate any need for direct access to CSAH 42 with further development to the west.
. The CSAH 42 Corridor Study recommends a future traffic signal on CSAH 42 at Pike Lake Trail. The
future design and right-of-way dedication for Pike Lake Trail should be able to accommodate left turn lanes
on Pike Lake Trail at CSAH 42.
. Pike Lake Trail is designated as a city collector road in both the City of Shakopee and Prior Lake. It is
important that the two jurisdictions are on the same page with the future road design and access spacing to
the collector road.
Thank you for the opportunity to comment. If you have any questions, please feel free to contact me.
Sincerely,
~
Craig Jenson
Transportation Planner
Email: Sue McDermott, City of Prior Lake
C:\WINDOWS\Temporary Internet Files\OLK6 IFI \PLsimpson.doc
Planning Commission Meeting
November 24, 2003
This item will go before the City Council on December 15,2003.
~ C. Case #03-125 R & K Sales, Inc. is requesting to rezone approximately 20
acres of land from A (Agriculture) to R4 (High Density Residential) on property
located north of County Road 42, west of Pike Lake Trail and south of Pike Lake.
Planner Cynthia Kirchoff presented the Planning Report dated November 24,2003, on
file in the office of the City Planning Department.
R & K Sales, Inc. is requesting to rezone approximately 19 acres on property located
north ofCSAH 42, west of Pike Lake Trail, and south of Pike Lake. The 2020
Comprehensive Plan guides the property R-HD (Urban High Density Residential). The
applicant is requesting the zoning map amendment to facilitate the development of the
site for townhomes.
This property is presently zoned A (Agricultural), which is inconsistent with the
comprehensive land use plan designation. The 2020 Comprehensive Land Use Plan Map
designates the property for R-HD uses. Corresponding zoning is R-4 (High Density
Residential). Within this designation, density is permitted to be a maximum of 30 units
per acre.
The applicant is proposing to develop the property for townhomes. Thus, the property
must be rezoned from its current classification, A, to R-4. The R-4 zoning classification
is consistent with the R-HD land use designation on the 2020 Comprehensive Land Use
Plan Map. Based upon the findings set forth in this report, staff recommended approval.
Lemke questioned the letter from Scott County referencing the drainage to the pond.
Kansier said the County is referencing the City's easements for utilities which includes
storm water.
Comments from the public:
Applicant, Randy Simpson, R & K Sales, 2940 1791h , Prior Lake, at this time they have
no direct developing plan at this time they are just asking for a rezoning. The R4 density
would allow for apartments and PUD' s.
Stamson asked ifthey owned the single family house included in the application.
Simpson said "No", there is a roadway easement to the house.
Julie Garwood, 13900 Pike Lake Trail, stated she was concerned with the easement to her
property and the runoff. Stamson said when the time for the actual development occurs,
the staff and Commissioners look at runoff very carefully. Kansier said with any
development staff insures you will have access to your home. You would have continued
access. The details would come out with the development.
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9
Planning Commission Meeting
November 24, 2003
Stamson said if it is private easement they would have to negotiate with the land
developer. But in not circumstances would access be cut off to her home.
Garwood said her concern is the land is higher then her property and concerned for the
runoff. Stamson said that would be addressed at the development stage.
Dave Baden 13866 Pike Lake Trail, said he lived across from the property for 31 years.
He felt the R4 Comprehensive Plan is out of sync with the rest of the neighborhood.
There are affordable single family homes. The type of homes nurses and teachers can
afford to live in. Prior Lake has a big shortage of these homes. We need single family
homes where people can have a garden, apple trees and a birdfeeder. The
Comprehensive Plan did not look at the neighborhood. Look at the townhouses behind
the Holiday Station. Do not reclassify this as R4.
Mona Hanson, 4250 140th Street, moved to this area in Prior Lake in the late 80's because
it was zoned Agricultural. She does not care to see townhomes in this area. It should
remain quiet and beautiful. Concerned for the implications on the watershed for this area.
It is extremely fragile. What studies will be done to insure damage will not be done?
This is a very special wildlife environment. It would be very proactive for the Council
and community to preserve this area in Prior Lake. Hanson was also concerned for noise
level and traffic impact on County Road 42. It is not realistic to keep the property as is
but not the designation proposed. She would rather see a compromise. Hanson would
like to know who is doing the impact study for the Watershed.
Ed Vierling, 14310 Pike Lake Trail, said the north side of County Road 42 is not ready
for this. The big concern is the runoff into the holding pond.
Randy Simpson, noted the concerns of the residents have been noted. This plan is
consistent with the Comprehensive Plan and the water runoff is a large issue. It would be
great to see this as a park or remain as it. Simpson said he would offer this to the City for
purchase as an option. Or as another option offer it to the Watershed for runoff. At this
time we are asking for a zone change. There is no development time line. He was aware
of the oppositions from the neighbors and the concerns of the Watershed.
The public hearing was closed.
Comments from the Commissioners:
Ringstad:
. The comments from the neighbors have not gone unnoticed.
. In respect to the runoff - those issues will be address at the time of the
development.
. The traffic increase is being looked at by Scott County.
. There was a Comprehensive Plan study done and not done frivolously. Not
everyone is going to agree with the outcome. The 2020 Plan designated this area
for high density.
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10
Planning Commission Meeting
November 24, 2003
· Unless I hear compelling arguments I will support the change.
Atwood:
. Regarding access and Pike Lake Trail - The developer will be required to upgrade
Pike Lake Trail for access or submit an escrow to the City for future
improvements. This will be addressed at the time of the subdivision.
. The subject property and surrounding property is already designated for high
density in the Comprehensive Plan.
. Will support zoning change at this time. When the Comprehensive Plan was
reviewed, this property was designated for high density. Kansier said the
Comprehensive Plan outlines the easement purchased by the City. It is a
permanent easement. The area was not zoned R4 when the Comprehensive Plan
was adopted primarily because services were not available. Services are now
available off County Road 42 to be extended to the serve properties on the north
side of County Road 42.
. This neighborhood can have input at the public hearings at the development stage.
The Commissioners and Watershed District take water runoff seriously.
. Support in favor of the change.
Lemke:
. Agreed with fellow Commissioners. When the Comprehensive Plan was initially
put together this area was designated for rural high density for future use based
upon its proximity to County Road 42.
. Would like to see single family housing in Prior Lake, however the price for a
new single family home is almost $400,000.
. Dakota County went a little different direction and passed a bond and raised 20
Million Dollars and went out and bought open parcels to preserve as public open
space.
. As to this application will support staff with the high density.
Stamson:
. Agreed with Commissioners. The City as a whole needs a mix of different uses.
The State laid out the process of doing a 2020 Comprehensive Plan with the idea
to look out 20 or 30 years and decide what uses are appropriate. . This issue was
looked at very carefully. The issue is access because of its location proximity and
traffic patterns.
. The Comprehensive Plan did a good job designating areas within the City of what
their long term use is going to be. It is appropriate and the R4 designation is
consistent.
. Glad Commissioner Lemke brought up the Dakota County bond. It was a good
approach. Prior Lake and Scott County have substantially large parks.
. In this particular case, it is in the long term best designation for this piece of
property.
. Support.
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11
Planning Commission Meeting
November 24, 2003
Perez:
· Agreed with Commissioners on the designation. It is consistent with the
Comprehensive Plan.
· The comments from the neighbors are concerns with the Commissioners. We will
keep them in mind with the development.
· Move forward and agreed with the designation.
Open Discussion:
Atwood pointed out there is only going to be 6 acres out of 19 that will be developed.
There will be a feeling of green space. Much more so than other developments.
MOTION BY RINGSTAD, SECOND BY LEMKE, RECOMMENDING APPROVAL
OF THE REZONING OF THE PROPERTY LOCATED AT THE INTERSECTION OF
SCAR 42 AND PIKE LAKE TRAIL FROM A (AGRICULTURAL) TO R-4 (HIGH
DENSITY RESIDENTIAL).
Vote taken indicated ayes by all. MOTION CARRIED.
This matter will go before the City Council on December 15,2003.
D. Case #03-132 An amendment to Section 1101.400 of the Zoning Ordinance to
add language to the definition of a bluff.
Planner Cynthia Kirchoff presented the Planning Report dated November 24,2003, on
file in the office ofthe City Planning Department.
At their October 27,2003, meeting the Planning Commission initiated an amendment to
the Zoning Ordinance text to expand the definition of bluff to include language from
Minnesota Rules 6210.2500.
The regulation of steep slopes or bluffs is regulated by the Shoreland Ordinance, which is
component of the Zoning Ordinance. The Shoreland Ordinance is based upon the
Minnesota Rules promulgated by the Department of Natural Resources. The current
bluff definition is taken directly from the Rules.
In January 1998, the Zoning Ordinance was amended to exclude the language "an area
with an average slope of less than 18 percent over a distance for 50 feet or more shall not
be considered part of the bluff." The impetus ofthe 1998 amendment was an appeal of
the Zoning Administrator's determination of the top of the bluff on property located at
16091 Northwood Road. The language that excluded what is essentially a "plateau"
between steep slopes was thought to create too much confusion for the property owner.
Within the last year the top of bluff determination issue has resurfaced, and staff believes
the repealed language should be incorporated into the definition.
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