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HomeMy WebLinkAbout10A - Eagle Creek Development MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT DECEMBER 16, 2002 lOA JANE KANSIER, PLANNING COORDINATOR CONSIDER APPROVAL OF A RESOLUTION DENYING AN AMENDMENT TO THE COMPREHENSIVE PLAN REQUESTED BY EAGLE CREEK DEVELOPMENT FOR THE PROPERTY LOCATED IN SECTION 12, TOWNSHIP 114, RANGE 22 (Case File #02-126) History: Eagle Creek Development has filed an application for a Comprehensive Plan Amendment for the property located east ofFish Point Road, on the east side of the Deerfield Development and south of Cottonwood Lane and Adelmann Street. The proposal is to amend the 2020 Comprehensive Plan Land Use Map from the current R-L/MD (Low to Medium Density Residential) designation to the R-HD (High Density Residential) designation on approximately 4 acres of vacant land. This property is presently zoned R-2 (Low to Medium Density Residential) and is designated as R-L/MD (Low to Medium Density Residential) on the 2020 Comprehensive Plan Land Use Map. The applicant is proposing to amend the Comprehensive Plan to accommodate an apartment complex that will be accessed from the east side of the property off of Adelmann Street, which now stops at Cottonwood Lane, and does not extend to this site. Access to this site from the east will require the extension of Adelmann Street through City property and development of the property to the east. The property owner has not submitted a preliminary plat for this development. In 1999, the applicant, along with D.R. Horton, submitted an application to amend the Comprehensive Plan to designate the easterly 164 acres of the Deerfield development, including this property, to the R-HD designation. The City Council ultimately denied this application on the basis that the density proposed could be accomplished in the R-2 district. The action was also based on the fact that the ultimate sewer capacity for the entire Deerfield site was 700 units. The proposal would have allowed well over that number. The 4 J:\02fi1es\02compam\02-126 mesenbrink\02-126 cc rpt.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 acre site in question as part of this application was removed from the Deerfield development. The Planning Commission considered this proposal at a public hearing on November 25, 2002. The Planning Commission voted to recommend denial of the proposed Land Use Plan Amendment on the basis that the application is premature. A copy of the minutes of the November 25th meeting is attached to this report. Current Circumstances: The total site area involved in this request is approximately 4 acres. The site generally drains towards the wetland on the west side of the site. The property is primarily vacant pasture. There are existing trees located on the east and west side of the site. Any development on the site is subject to the Tree Preservation requirements of the Zoning Ordinance. A specific tree inventory will be required once a specific development plan, such as a preliminary plat, is submitted. The site is also subject to the provisions of the State Wetland Conservation Act. A specific delineation will be required as part of the development application. Access to this property is presently from an easement on the private streets in the Deerfield development on the south side of the site. The private street leading to this site has not been platted at this time. The applicant's narrative states access will be via an extension of Adelmann Street. As noted above, Adelmann Street must be extended from Cottonwood Lane through City property to this site. Although this connection will most likely occur at some time, there are no plans to make this extension at this time. Sewer and water services can also be extended from the Deerfield development to the south. Again, these utilities have not been installed. The Issues: The R-HD designation is consistent with the stated goals and objectives of the Comprehensive Plan in that it offers a variety of housing and it provides for open space and the preservation of the natural elements of the site, and with the City's Livable Community Goal to provide affordable and life-cycle housing. The issues pertaining to this request have more to do with access and the availability of services than whether the proposed designation is appropriate. Currently, the only access to the 4 acre parcel is via an easement across the private streets in the Deerfield development to the south. The streets leading to this site have not been platted at this time. This will most likely be one of the last phases of the development. The developer's narrative notes that access to the site is planned from the east, off of Adelmann Street. As noted above, Adelmann Street stops at Cottonwood Lane to the north. In order to provide access to the site, Adelmann would have to be extended 1:\02fi1es\02compam\02-126 mesenbrink\02-126 cc rpt.doc Page 2 FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: through City property to the north boundary of the property east of this 4 acre site. Although it is likely that Adelmann will be extended through the City property, there are no current plans to do so at this time. The developer would then be responsible for developing and building the road through his land. No preliminary plat has been submitted for this property at this time. The availability of services, such as sewer and water, is also an issue. There are no services adjacent to this site. Services could be extended from the Deerfield development to the south or from the east. However, once again, this would require development of the adjacent property. Conclusion: The proposed Comprehensive Plan amendment to the R- HD designation is premature at this time. Access through the private streets in the Deerfield development to reach an additional 120 units is not appropriate. Although it is likely that Adelmann Street will eventually extended to the south, there are no plans for this extension in the near future. The City has not included this extension in the CIP, nor has the developer submitted a preliminary plat. For these reasons, the staff and the Planning Commission recommend denial of this request. Budl!et Impact: There is no direct budget impact involved in this request. Approval of this request may facilitate the development of this property, and increase the City tax base. The City Council has three alternatives: I. Adopt a resolution denying the proposed Comprehensive Plan Amendment to the R-HD designation as recommended by the Planning Commission. 2. Direct the staff to prepare a resolution with findings of fact approving the proposed Comprehensive Plan Amendment to the R- HD designation. 3. Continue the review for specific information or reasons per City Council discussion. The Planning Commission and staff recommend Alternative #1. This requires a motion and second to adopt Resolution 02-XX denying the Comprehensive PI Amendment to designate this property as R-HD. 1:\02fi1es\02compam\02-126 mesenbrink\02-126 cc rpt.doc Page 3 RESOLUTION 02-XX RESOLUTION DENYING A PROPOSED AMENDMENT TO THE 2020 COMPR,EHENSIVE PLAN LAND USE MAP FOR THE PROPERTY LOCATED IN SECTION 12, TOWNSHIP 114, RANGE 22 WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, MOTION BY: SECOND BY: Eagle Creek Development submitted an application to amend the City of Prior Lake 2020 Comprehensive Plan Land Use Map from the R-UMD (Low to Medium Density Residential) designation to the R-HD (High Density Residential) designation for the property legally described as follows: That part of the Northeast ~ and the Northeast ~ of the Northwest ~, Section 12, Township 114, Range 22, Scott County, Minnesota, described as follows: Beginning at the northeast corner of said Northeast ~ of the Northwest ~, thence N 89 49' 16" W, along the north line of said Northeast ~ of the Northwest ~, a distance of 57.51 feet; thence S 00 54' 33" E a distance of 479.65 feet; thence S 32 43' 18" E a distance of 182.57 feet; thence N 89 05' 27" E a distance of 23.48 feet; thence N 70 46' 58" E a distance of 347.13 feet; thence N 34 17' 20" W a distance of 77.13 feet; thence N 00 32' 24" E a distance of 296.71 feet to the north line of said Northeast %; thence N 89 30' 49" W, along said north line of the Northeast ~, a distance of 356.00 feet to the point of beginning. and Legal notice of the public hearing was duly published and mailed in accordance with Minnesota Statutes and Prior Lake City Code; and The Planning Commission conducted a public hearing on November 25, 2002, for those interested in this request to present their views; and On November 25, 2002, the Planning Commission recommended denial of the proposed amendment to the Comprehensive Plan; and On December 16, 2002, the Prior Lake City Council considered the application to amend the 2020 Comprehensive Plan Land Use Map to designate the above described property to the R-HD designation and; The City Council received the recommendation of the Planning Commission to deny the proposed Comprehensive Plan amendment 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. 1:\02fi1es\02compam\02-126 mesenbrink\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 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that the proposed amendment to the 2020 Comprehensive Plan Land Use Map to designate the above described property as R-HD (High Density Residential) is hereby denied based upon the following findings of fact. FINDINGS OF FACT 1. The recitals set forth above are incorporated herein. 2. The burden is on the applicant to demonstrate that the Comprehensive Plan designation is in error and that a change is justified. 3. The applicants have failed to demonstrate that the current Comprehensive Plan designation of R- L/MD (Low to Medium Density Residential) is inappropriate and that it should be changed. 4. There has not been a material change in the area or conditions affecting the site since the Comprehensive Plan was adopted in 1999. 5. The Prior Lake Planning Commission recommended denial of the request based on incompatibility with the existing development. 6. The only access to this property is via an easement across private streets that have not been developed at this time. Access through these private streets for an additional 120 units is not appropriate. 7. There are no plans for the extension of Adelmann Street to this property at this time. The City has not included this extension in the CIP, nor has the developer submitted a preliminary plat. Passed and adopted this 16th day of December, 2002. YES NO Haugen Haugen LeMair LeMair Petersen Petersen Zieska Zieska Vacant Vacant {Seal} Frank Boyles, City Manager City of Prior Lake 1:\02files\02compam\02-126 mesenbrink\resolution.doc Page 2 PLANNING COMMISSION MINUTES MONDAY, NOVEMBER 25,2002 1. Call to Order: Chairman Stamson called the November 25, 2002, Planning Commission meeting to order t 6:31 p.m. Those present were Commissioners Atwood, Cq~o, Lemke, Ringstad and St son, Community Development Director Don Rye, Planni11g Coordinator Jane Kansier, . anner Cynthia Kirchoff, Assistant City Engineer L~ Poppler and Recording Secretary , ie Carlson. ,NO ,.' ~;' 2. ,r?' ,I" ~ Atwoodl..P~esent Criego . Present Lemke Present , , 3. APprovaIOfMinn~:/ ::::: The Minutes from the Octob~];.,2'8, 20(n~ Planning Commission meeting were approved / ~ as presented. / \ / ,\, Consent: /rI \\. e,;' "t,\... / \ A. Case F9t#02-ll 0 Danes/Colluci V arianc~eSOlution. MOT~O Y CRlEGO, SECOND BY RINGSTAD, 1'Q A, ,P, PROVE THE CONSENT AGE 'A. '\, "'" Vote taken indicated ayes by all. MOTION CARRIED. \ 4. 5. Public Hearings: Commissioner Stamson read the Public Hearing Statement and opened the meeting. -t A. Case #02-126 Eagle Creek Development is requesting an amendment to the Comprehensive Plan Land Use Map designation on approximately 4 acres of vacant land on the east side of the Deerfield Development. The amendment would designate this property from the Low to Medium Density Residential (R-L/MD) designation to the High Density Residential (R-HD) designation. Planning Coordinator Jane Kansier presented the Planning Report dated November 25, 2002, on file in the office of the City Planning Department. L\02FILES\02planning comm\02pcminutes\MNI12502.doc I Planning Commission Meeting November 25,2002 Eagle Creek Development has filed an application for a Comprehensive Plan Amendment for the property located east ofFish Point Road, on the east side of the Deerfield Development and south of Cottonwood Lane and Adelmann Street. The proposal is to amend the 2020 Comprehensive Plan Land Use Map from the current R-L/MD (Low to Medium Density Residential) designation to the R-HD (High Density Residential) designation on approximately 4 acres of vacant land. The applicant is proposing to develop approximately 4 acres of land located on the east side of the Deerfield development and south of Cottonwood Lane and Adelmann Street with an apartment complex. The Planning staff recommended denial of the request. The proposal is premature at this time. Access through the private streets in the Deerfield development for an additional 120 units is not appropriate. Although it is likely Adelmann Street will eventually extended to the south, there are no plans for this extension in the near future. The City has not included this extension in the CIP, nor has the developer submitted a preliminary plat. The availability of services is also an issue. There are no services adj acent to this site. Comments from the public: Harold Jesh, representing the developer, John Mesenbrink, Eagle Creek LLC, stated he realizes there are some issues of concern for the City, both for the present and in the future. The housing development of approximately 4 acres would provide 120 unit market rate apartments meeting the needs of the City. At this time, the developer has 3 clients interested in bringing businesses into the industrial park which includes an additional 60 jobs. Jesh asked ifthere was anything that could be approved contingent upon, be it a preliminary plat or access of services or a compromise on this issue. Kansier responded there was nothing to act on. There is no preliminary plat. The staff felt this proj ect was premature. Jesh said they have an interest to develop an apartment building in the area. Mr. Mesenbrink has an interest in the Prior Lake area and would like to go forward with the two 60-unit apartment buildings. Stamson questioned Jesh if this project would be developed at the same time they work on the industrial park. The staff s concern is access to the property, how are you going to address that? Jesh said he is asking for a compromise and some contingencies that staff would recommend so the applicant can continue to work on this project and meet the City's concerns. Criego questioned the developer why he would take 4 acres and develop it High Density. J esh felt there is a need for apartments in the Prior Lake area. L:\02FILES\02planning comm\02pcminutes\MN 112502.doc 2 Planning Commission Meeting November 25,2002 Criego questioned if Jesh sees other parts ofthe R2 area being zoned to High Density. J esh responded he could not answer at this time. Kansier briefly explained the R2 area in the Deerfield Development. Rye gave a historical background with City Council on the Adelmann access. Stamson recapped the issues. Understands it is premature to develop. Kansier explained the Deerfield development and the City's concern is that segment of road is built through a private street. Jesh said the 120 units would not be built immediately; it would be built in phases. They do believe Prior Lake is rapidly growing and this is an opportunity for multiple housing. Lemke questioned a time line on phasing. Jesh responded there would be a number of phases, starting with the platting. Scott Kilau, 5431 Fawn Court, said he bought his residence about a year ago and would be looking right at the proposed apartments. D.R. Horton promised the trees would not be removed; in fact the area would be parkland. He's lived in Prior Lake for 6 years and was looking forward to living in this area. He is against all the problems associated with high density areas. This is not the right place for apartments in a R2 area. Kilau was not against townhomes. Lisa Kasperek, 5441 Fawn Court, said she too was told by D.R. Horton the woods would remain. She is not against the area being built as townhomes but is against the apartments with all the traffic. Kasperek agreed with staff in denying the proposal. The meeting was closed. Comments from the Commissioners: Atwood: . Not in favor of the Comprehensive Plan Amendment for a number of reasons. The main reason is the history of this project. . Appalled the residents were told by D.R Horton the area would remain parkland. . It would benefit all to refresh the Commissioners, that piece of land was taken out in the first phase because the density was challenged. The density (for apartments) was not supported by the Planning Commission and City Council. Three years later the owner is asking the City for the same thing. . Staff gave good reasons to deny. Look at the history the City had with this project. . How could this possibly meet the needs of the City? How would the City be assured the project would bring in 60 new employees? Prior Lake is embracing High Density housing throughout the City and there is no need for additional apartments. L:\02FILES\02planning comm\02pcminutes\MNl12502.doc 3 Planning Commission Meeting November 25. 2002 Ringstad: . Agreed with Atwood. Cannot support. . Would like to see some consistency with the current housing in the Deerfield proj ect. This is not consistent. . Did not like the only current access would be the private road. . There are several apartment units and high density townhomes that have been recently approved by the Planning Commission and City Council. . Cannot support the Amendment. Criego: . The current property is zoned R2, as well as the surrounding area. . See no reason to take 4 acres out of the area and make it High Density. . Believes R2 is the correct zoning. No need to change to High Density. . Does not support. Lemke: . Agreed with Criego. Stamson: . Agreed with Staffs assessment. This is premature for this piece of property. . Too much of this area is undeveloped and still up in the air to warrant saying either way it would work. It is unknown how the rest of the area is going to develop. It is too early to decide on the zoning. . Deny the request. MOTION BY ATWOOD, SECOND BY CRlEGO, RECOMMENDING DENIAL OF THE COMPREHENSIVE PLAN AMENDMENT TO THE R-HD DESIGNATION. Vote taken indicated ayes by all. MOTION CARRIED. This item will before the City Council on December 16, 2002. B. Case #02-123 I Holm is requesting aAariance from the 25 foot front yard setback for the construct. of an additi.on ~ single family dwelling located at 3201 Spruce Trail SW. / " Planner Cynthia K.irchoffpresented~~la,nning Report dated November 25,2002, on file in the office of the City Planpng Depafhne~. ~~, Karl Holm is requesting a v. . ance from the zoning O' . nance for the construction of a living space addition to existing single family dwellin n property zoned R-I (Low Density Residential), d SD (Shoreland Overlay District) an ocated at 3201 Spruce Trail SE. In order to construct the proposed addition the following variance is required: L:\02FILES\02planning comm\02pcminutes\MNI12502.doc 4 Location I\I1ap Deerfield Comprehensive Plan Amendment 1\ !\ / / / / \ \.~,-</ / \ ~.,., ",./ \/::::-~\ -1fI:~~~ , ~' \ \ \ /' /.... / I I -.J'_l IL !r! UI ~j ~: c~ tn ~()I7' B Ii'lv~ ~, . Ii' Ii'() " '. s~ \\ '\ I \ \ \ -1\\ " 'ii> \ \;F- \Q I~ I~ . 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CO COR a..:J ATTACHMENT A Amendment to Comprehensive Plan and Zoning Ordinance The request for the proposed amendment to the comprehensive plan and zoning ordinance is to accommodate an apartment complex that will be accessed from the East Side of the property off of Adelman Street. This housing development will provide housing to persons employed in the industrial park adjacent to the proposed apartment complex along with meeting the housing needs for the City of Prior Lake. The section to be amended is from (1102.500) "R-2", low to medium density residential use district, to (1102.700) "R-4" high density residential use district which will provide applicant the ability to construct an apartment complex on the site described.