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Home My WebLink About9E - Zoning 2004 Annex Area CITY COUNCIL AGENDA REPORT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: AGENDA #: PREPARED BY: FEBRUARY 2, 2004 9E JANE KANSIER, PLANNING COORDINATOR AGENDA ITEM: . CONSIDER APPROVAL OF AN ORDINANCE APPROVING AN AMENDMENT TO THE ZONING ORDINANCE DESIGNATING NEWLY ANNEXED LAND AS R-l ON THE ZONING MAP (Case File #04-05) DISCUSSION: History: On December 15,2003, the Planning Commission and the City Council conducted a workshop to discuss several potential amendments to the Zoning Ordinance. At that time, the Council and the Planning Commission directed staff to prepare an amendment to the Zoning Ordinance that would designate newly annexed land as R-l (Low Density Residential). The purpose of this amendment is to apply a zoning designation to property upon annexation. In October, 2003, the State of Minnesota approved an orderly annexation agreement between the City of Prior Lake and Spring Lake Township. This agreement established a schedule for annexation of approximately 3,000 total acres of land located in Sections 4, 10, 11 and 12, Spring Lake Township, as depicted in the Orderly Annexation Agreement. The first phase of this agreement will occur in 2004, with the annexation of approximately 380 acres ofland. The City also continues to receive inquiries and requests to annex land with the Orderly Annexation Area which are adjacent to the City limits. In December, 2003, the City Council approved an amendment to the City of Prior Lake 2020 Comprehensive Plan Map, adding the 380 acres and designating the majority of this area as R-LIMD (Low to Medium Density Residential). The City is also in the process of amending and updating the Comprehensive Plan to include all of the area within the Orderly Annexation Agreement. Currently, when property is annexed into the City there is no automatic zoning designation applied to the property. It is up to the property owner to petition for a rezoning or the City Council must initiate the procedure. As properties are annexed under the Orderly Annexation Agreement, this could result in a number of issues, including: 1:\04 files\04 ordin amend\04 zoning\zoning\cc report.docp,agef I. I k . www.cnyopnorae.com Phone 952.447.4230 / Fax 952.447.4245 . Inconsistencies with the State statute requiring that the zoning designation for property be consistent with the Comprehensive Plan. · Added expense for the City to conduct additional hearings for the rezoning of the property. . Confusion to the property owners and others about the designation of the property and the permitted uses on the site. Consistent with the City Council's direction, the staffhas prepared an amendment to the Zoning Ordinance that will automatically designate newly annexed property as R-I (Low Density Residential). This designation will be generally consistent with the Land Use Plan designation of the majority of the property within the Orderly Annexation area. In those areas where the Comprehensive Plan may be different, the Councilor the property owner could initiate the rezoning at the time the property is annexed. The specific language proposed for this amendment is as follows: 1101.801 DESIGNATION OF ANNEXED PROPERTY, ZONING OF LAND: Land areas which may be added to the City by annexation, merger, or other means shall be classified as R- 1 (Low Density Residential) on the City Zoning Map upon annexation. 1101.802 DESIGNATION OF ANNEXED PROPERTY, FLOODWAY AND FLOOD PLAIN: Property which is annexed to the City by any means or process and which is located within a designated Special Flood Hazard Area inundated by the 100 year flood on the adopted Flood Insurance Rate Map for Scott County, Minnesota, dated February 19, 1987, and any amendment thereto, shall be designated as FP (Flood District). 1101.803 DESIGNATION OF ANNEXED PROPERTY, SHORELAND DISTRICT: Property which is annexed to the City by any means or process and which is located within 1,000 feet of the Ordinary High Water Mark of a lake, pond or flowage, or within 300 feet from a river or stream shall be designated as Shoreland District. This language not only applies the R-l zoning to newly annexed property; it also designates areas that are located within the Flood Plain and the Shoreland District. These areas would have the same Flood Plan and Shoreland designation on the Scott County Zoning Map. 1:\04 files\04 ordin amend\04 zoning\zoning\cc report.docPage 2 Current Circumstances: The Planning Commission discussed this amendment at a public hearing on January 26, 2004. The Planning Commission agreed with the ordinance as proposed. The Commission found this amendment was the simplest approach, and was consistent with the overall Comprehensive Plan, especially in the Orderly Annexation Area. The Commission voted unanimously to recommend approval. The Issues: The City Council must make a decision whether to amend the Zoning Ordinance based on the following criteria: 1. There is a public need for the amendment. There is a public need for the amendment. It will ensure that newly annexed property is zoned, thereby eliminating any discrepancies or confusion. 2. The amendment will accomplish one or more of the purposes of this Ordinance, the Comprehensive Plan, or other adopted plans or policies of the City. A purpose of the Zoning Ordinance is to: . Promote the most appropriate and orderly development of the residential, business, industrial, public land and public areas. . The Zoning Ordinance establishes minimum requirements to protect the public health, safety and welfare. . The Zoning Ordinance divides the City into use districts and establishes regulations which control uses of land and structures within each use district. The proposed amendment is intended to accomplish these purposes and objectives by providing an automatic zoning designation for newly annexed properties. 3. The adoption of the amendment is consistent with State and/or Federal requirements. This amendment is consistent with federal and state laws. Conclusion: Both the Planning Commission and the staff recommend approval of this amendment. ALTERNATIVES: The City Council has three alternatives: 1. Adopt an Ordinance approving the proposed amendment as recommended. 2. Deny the proposed Ordinance. 3. Defer this item and provide staff with specific direction. 1:\04 files\04 ordin amend\04 zoning\zoning\cc report.docPage 3 RECOMMENDED MOTION: REVIEWED BY: The staff recommends Alternative #1. A motion and second to adopt Ordinance 04-XX a roving the amendment as recommended by the Planning 0 1:\04 files\04 ordin amend\04 zoning\zoning\cc report.docPage 4 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY OF PRIOR LAKE ORDINANCE NO. 04. XX AN ORDINANCE AMENDING SECTION 1101.800 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. Section 1101.800 is hereby amended as follows: 1101.800: BOUNDARIES: Use District boundary lines indicated on the Zoning Map follow lot lines, the center lines of streets or alleys projected, railroad right-of-way lines, the center of watercourses, or the corporate limit lines as they exist upon the effective date of this Ordinance. If Use District boundary lines do not follow any of the above-described lines, the Use District boundary lines are established as drawn on the Official Zoning Map. Where a Use District boundary line divides a lot of record which was in single ownership at the time of enactment of this Ordinance and places portions of such lot of record in 2 or more Use Districts, any portion of such lot within 50 feet on either side of dividing district boundary line may be used for any use permitted in either Use District. If the lot shall be wider than the 50 foot limitation, the Use District line as shown shall prevail. 1101.801 DESIGNATION OF ANNEXED PROPERTY, ZONING OF LAND: Land areas which may be added to the City by annexation, merQer, or other means shall be classified as R-1 (Low Density Residential) on the City ZoninQ Map upon annexation. 1101.802 DESIGNATION OF ANNEXED PROPERTY, FLOODWAY AND FLOOD PLAIN: Property which is annexed to the City by any means or process and which is located within a desiQnated Special Flood Hazard Area inundated by the 100 year flood on the adopt~d Flood Insurance Rate Map for Scott County, Minnesota, dated February 19, 1987, and any amendment thereto, shall be desiQnated as FP (Flood District). 1101.803 DESIGNATION OF ANNEXED PROPERTY, SHORELAND DISTRICT: Property which is annexed to the City by any means or process and which is located within 1,000 feet of the Ordinary HiQh Water Mark of a lake, pond or f1owaQe, or within 300 feet from a river or stream shall be desiQnated as Shoreland District. This ordinance shall become effective from and after its passage and publication. 1:\04 files\04 ordin amend\04 zoning\zoni~Oit)l~.bmorlake.com 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 ih day of February, 2004. Drafted By: Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 1:\04 files\04 ordin amend\04 zoning\zoning\ord04xx.doc 2