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Home My WebLink About9B - Stemmer Re-Zone 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: INTRODUCTION: . CITY COUNCIL AGENDA REPORT FEBRUARY 2, 2004 9B JANE KANSIER, PLANNING COORDINATOR CONSIDER APPROV AL OF AN AMENDMENT TO THE PRIOR LAKE ZONING MAP TO ZONE APPROXIMATELY 80 ACRES R-l (LOW DENSITY RESIDENTIAL) ON THE STEMMER RIDGE PROPERTY LOCATED WEST OF SPRING LAKE REGIONAL PARK AND NORTH OF CSAH 12 (Case File #03-139) History: On October 21, 2002, the City Council adopted a resolution annexing approximately 80 acres of land located on the north side of Shoreline Drive directly west of Spring Lake Park. On January 6, 2003, the City Council also approved an amendment to the City Comprehensive Plan to include this property on the 2020 Comprehensive Plan Map and to designate this property for Low to Medium Density Residential uses. The applicant is now proposing to designate this property as R-l (Low Density Residential) on the City Zoning Map. R-l is the zoning designation used for the sewer capacity study for the annexation area. On January 12,2004, the Planning Commission held a public hearing on this item. At the hearing, Violet Stemmer, an owner of the adjacent property, was concerned about the effect of this action on her property. The Commission explained that neither the Stemmer Ridge property nor her property had a zoning designation. This action will bring the Stemmer Ridge property into compliance with the Comprehensive Plan. The Commission supported the Zoning Map Amendment because it is consistent with the comprehensive plan designation, and recommended approval by a unanimous vote. The Commission also initiated a rezoning on the Vi Stemmer property and directed staff to schedule a public L\03 FiIes\03 Rezone\Stemmer Ridge\cc re~o:ityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 hearing. A copy of the Planning Commission meeting minutes is attached. DISCUSSION: Current Circumstances: The following are the physical characteristics of the subject property. Total Site Area: The total site area consists of approximately 80 acres. Topography: This site has a varied topography, with elevations ranging from 980' MSL to 910' MSL. Vegetation: There are 3 existing houses and outbuildings on this site. The remainder of the property is woodland and pasture. Any development on this site will be subject to the Tree Preservation requirements of the Zoning Ordinance. Wetlands: There is a wetland located in the northeast comer of the site. Any development of this site will be subject to the wetland mitigation requirements, which means that any disturbed wetlands must be mitigated. Access: There are two access points to this site. The 2 houses on the east side of the site are accessed via Maple Grove Lane. The remainder of the property is accessed from Shoreline Drive. Zoning and Land Use Plan Designation of Adjacent Property: The property to the north and west is presently outside of the Prior Lake City limits and is designated as an Urban Growth Expansion Area. This area is zoned UER and RR-2. Spring Lake Park is located to the east of this site and is designated for Recreation and Open Space uses. Shoreland District: This property is also located within the Shoreland District for Spring Lake and Howard Lake. Spring Lake is classified as a General Development Lake. The minimum lot area for those portions of the property within the district is 12,000 square feet, with 86 feet of frontage at the front building line. Howard Lake is a Natural Environment Lake. The minimum lot area is 20,000 square feet with 100 feet of frontage at the front building line. Issues: The applicant is requesting this zone change in order to start the development process on this site. At this time, the L:\03 Files\03 Rezone\Stemmer Ridge\cc report.doc 2 City Council is reviewing only the zoning of the site. There will be additional public review when a complete preliminary plat application is submitted. 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 When this property was annexed, there was no zoning designation. The proposed R-1 zoning is consistent with the land use plan designation. . 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 proposed rezoning is consistent with the development of the surrounding area. . 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 uses permitted in the proposed district are consistent with the zoning of the adjacent property. CONCLUSION: The applicant is requesting this rezoning on order to begin the development process on the site. The proposed R-1 zoning is consistent with the R-L/MD 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. AL TERNATIVES: The City Council has two alternatives: 1. Adopt an ordinance approving the rezoning as requested. 2. Defer consideration of this item and provide staff with specific direction. L\03 Files\03 Rezone\Stemmer Ridge\cc report.doc 3 RECOMMENDED ACTION: REVIEWED BY: Staff recommends Alternative # 1. This action requires the following motions: 1. ond adopting an ordinance rezoning the property locat west of Spring Lake Regional Park and A 12 to R-l (Low Density Residential). L:\03 Files\03 Rezone\Stemmer Ridge\cc report. doc 4 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY OF PRIOR LAKE ORDINANCE NO. 04-04 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: The Southwest Quarter of the Northwest Quarter, and Government Lot 4, all in Section 4, Township 114, Range 22, Scott County, Minnesota, except the following described parcel: That part of Government Lot 4, Section 4, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at the northeast corner of said Government Lot 4; thence South 01 degree 53 minutes 42 seconds West assumed bearing along the east line of said Government Lot 4, a distance of 1019.75 feet; thence North 88 degrees 06 minutes 18 seconds West a distance of 1188.28 feet to the point of beginning of the land to be described; thence South 87 degrees 13 minutes 36 seconds East a distance of 373.06 feet; thence South 01 degree 53 minutes 42 seconds West a distance of 284.86 feet; thence South 50 degrees 14 minutes 12 seconds West a distance of 149.85 feet; thence South 01 degree 53 minutes 42 seconds West a distance of 145 feet more or less to the shoreline of Spring Lake; thence westerly along said shoreline a distance of 208 feet more of less to the intersection with a line drawn South 03 degrees 51 minutes 34 seconds East from the point of beginning; thence North 03 degrees 51 minutes 34 seconds West a distance of 587 feet more or less to the point of beginning. This ordinance shall become effective from and after its passage and publication. 1:\03 files\03 rezone\stemmer ridge\ord04xx.doc 'ty f . I k www.clopnorae.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 Passed by the City Council of the City of Prior Lake this 2nd day of February, 2004. ATTEST: City Manager Mayor Published in the Prior Lake American on the ]lh day of February, 2004. Drafted By: Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 1:\03 files\03 rezone\stemmer ridge\ord04xx.doc Page 2 Location Map Areon/Stemmer Property Proposed Zone Change 1-- _______1 ! I I I I i I I I I I ____I~- I ". "~"b"", Subject Property to be zoned R-1 1000 I o 1000 Feet I N + 1: Qt, c: cD >- ~"'C CD "ij.::t: ....rgt:..~1::li;~ 2:.!!lo"E S.c5 il ",.cm g.!!l " .. U).C C U a-Co.. ...~ > U) c"" ".Q a E:E.gS't~~'6 C 21-" 15!,!.- ~ a. "0 '"- C - . E~- Il!.l!l.!!! gj "'!!lj ou E~-lJem=E5~ ." 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Q) ::J Q) ~ ::J c: '$ '" 0 '5 - III a:: I z U (f) CJ III CJ III ~ Z U ~ ::> .c ~ ~ ~ 0 b 0 (f) N ;t "t N '" "t "l '" ~ :J cr. cr. cr. oc U U U U U - Ii" (f) 0.. 0 N 0{ I III 111110 I~~ m m M mo .....0 _N .....>, >,- ro;:' ~~ 00'0 '0& Q}- _ro 0.'0 00. '0:::> <{ ,... a. ro C) c: 'c o J::I C) c: 'c o ~ U (l) '0' ,... ~ g> 'c c: ro a. ....- X Planning Commission Minutes January 12, 2004 DRAFT Ringstad: . This is a natural extension to the designation to the north. 2020 Vision. . Support. It also ties in with the Lemke, Perez and Stamson: . Agreed with Commissioners' comments. . It is consistent with the 2020 Vision and Strategic Plan. . This is a natural extension. . Support. MOTION BY RINGSTAD, SECOND BY ATWOOD, RECOMMENDING CITY COUNCIL APPROVAL THE COMPREHENSIVE PLAN AMENDMENT TO THE C- TC DESIGNATION. Vote taken indicated ayes by all. MOTION CARRIED. This item will go before the City Council on February 2, 2004. C. Case #03-139 Arcon Development is requesting to amend the Zoning Map to include approximately 80 acres of land and to designate the property as R-l (Low Density Residential). The property is located on the north side of CSAH 12 immediately west of Spring Lake Regional Park. Planning Coordinator Jane Kansier presented the Planning Report dated January 12, 2004, on file in the office of the City Planning Department. On October 21, 2002, the City Council adopted a resolution annexing approximately 80 acres of land located on the north side of Shoreline Drive directly west of Spring Lake Park. On January 6,2003, the City Council also approved an amendment to the City Comprehensive Plan to include this property on the 2020 Comprehensive Plan Map and to designate this property for Low to Medium Density Residential uses. The applicant is now proposing to designate this property as R-I (Low Density Residential) on the City Zoning Map. The Planning staff recommended approval as the proposed R-I district is consistent with the Comprehensive Plan. It should also be noted a portion of the recently annexed Stemmer property is not included in this request since the property owners, Bill and Vi Stemmer, did not sign the petition. Staff recommended the Planning Commission initiate the rezoning of this property to the R -1 district. Stamson questioned if the Bill and Vi Stemmer property was part of the development. Kansier responded it was not. L:\04 FILES\04 PLAN COMMIS\04pc Minutes\MNOI1204a.doc 3 Planning Commission Minutes January 12, 2004 Atwood clarified the process and public hearing for the (Bill Stemmer) property. Comments from the public: Dustin Kern, Arcon Development, concurred with staffs recommendation. They are working with Scott County and City staff weekly on this project. At this time they are just asking for a rezoning. Vi Stemmer, requested their 3.8 acre property not be rezoned. Arcon Development is all around their property. Stemmer stated it has been very clear since the early 90's that they did not want their property rezoned into single family lots. The resale value of the land would be more valuable. They would like an exception to the rezoning and not have to go through a public hearing. Atwood asked for zoning clarification on this piece of property. Kansier explained the zoning will not affect the status of their property. Right now this property is not zoned within the City limits. Stemmer said they are concerned rezoning will affect the status of their barn and log cabin. Atwood explained the zoning does not implicate their property. Kansier explained the property is currently without a designation. Rezoning does not force the property owners to sell, subdivide or develop it in any way. The Stemmers would be able to remain in status quo as long as they desire. The City has to apply a zoning to the Comprehensive Plan. The Stemmers concern was to have the ability to raise horses however they do not have any at this time. Commissioner Stamson explained the property would have to be zoned. The public hearing was closed at 7:00 p.m. Comments from the Commissioners: Ringstad: · Agreed with staff recommendations to zone both properties RI. . All properties in the City should have a zoning designation. · Suggest the Stemmers go in and talk to the Planning Department staff to clear up any concerns or misconceptions. L:\04 FILES\04 PLAN COMMIS\04pc Minutes\MNOI 1204a.doc 4 Planning Commission Minutes January 12, 2004 Lemke: . Is it required under State Law to have a zoning designation for all properties within the City boundaries? Kansier responded it is and has to comply within 9 months. · Since the property owners did not sign a petition initiating a rezoning to be part of the annexation is there any other recourse? . Kansier said they could ask City Council to initiate the amendment or it could occur as part of a larger map version. Does not anticipate this happening for a while. . The RI zoning designation requires the least amount of density. . Agreed with the Commissioners, the land has to have a land designation and supports staffs recommendation. Perez: . Agreed with the Commissioners and staffs recommendation for the proposed zoning change. The designation is appropriate. . As far as the Bill and Vi Stemmer property - it needs a designation. The Stemmers should meet with staff and go over any concerns and questions. . Support both recommendations. Stamson: . Concurred with staff. The issues were laid out well. Rl is the obvious choice for this property. . The Commission should initiate the Bill and Vi Stemmer property designation. . The current proposal for the new ordinances is that this will automatically be part of the Rl designations as the City annexes in property. In the future this would not be an issue, it would automatically be RI. . The parcel does need to be guided. It is not a commercial or high density property. . Agreed to initiate the rezoning as well. Atwood: . Concurred with Commissioners and urged Mrs. Stemmer to contact staff and discuss their concerns. It is in the Stemmers best interest. . Support. MOTION BY RINGSTAD, SECOND BY PEREZ, RECOMMENDING APPROVAL OF AN AMENDMENT TO REZONE THE SUBJECT PROPERTY TO THE R-I DISTRICT. Vote taken indicated ayes by all. MOTION CARRIED. MOTION BY RINGSTAD, SECOND BY LEMKE, TO INITIATE THE REZONING TO THE BILL AND VI STEMMER PROPERTY TO THE Rl ZONING DISTRICT. Vote taken indicated ayes by all. MOTION CARRIED. L:\04 FILES\04 PLAN COMMIS\04pc Minutes\MNOI 1204a.doc 5