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HomeMy WebLinkAbout10A - Zone Change 5980 - 140th CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: APRIL 7, 2003 10A CYNTHIA KIRCHOFF, AICP, PLANNER JANE KANSIER, PLANNING COORDINATOR AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE APPROVING A ZONE CHANGE REQUEST FOR THE PROPERTY LOCATED AT 5980 140TH STREET (Case File #03-03) DISCUSSION: Historv: Windsor Development is requesting to rezone 10 acres from the A (Agricultural) use district to the R-1 (Low Density Residential) use district on property located at 5980 140th Street NE (CSAH 42), west of CSAH 18. The applicant also proposes to subdivide the subject property in conjunction with a 10 acre parcel located in the City of Savage, which is proposed to be connected via 141 sl Street. The City Council will not be acting on the preliminary plat application at the April?, 2003, meeting, but will take action after the Planning Commission makes a recommendation. The Planning Commission held a public hearing on March 24, 2003, and unanimously voted to recommend approval of only the rezoning on the basis that the proposed R-1 zoning classification is consistent with the Comprehensive Plan designation. Draft meeting minutes are attached to this report. Backaround: This property is currently zoned A (Agricultural). The 2020 Comprehensive Plan designates the property as R-UMD (Urban Low/Medium Density Residential). The R-1 use district is consistent with this land use designation. Windsor Development has applied for approval of a development to be known as "Windsor Estates of Prior Lake." The application included the subject rezoning and a preliminary plat to subdivide the 10 acres into 22 lots for single family dwellings and one outlot. The Planning Commission unanimously voted to continue the preliminary plat request until April 14, 2003, based upon staff's recommendation due to unresolved street grade and ponding issues in Savage's portion of the overall development, which will dictate the street elevation in Prior Lake's portion of the project. 1:\03 files\03 subdivisions\03 prelim plal\windsor eslates\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 Current Circumstances: The total site is 10 acres. A single family dwelling with two accessory structures are currently present on the site. Topoaraphv: Site topography ranges from 1046' MSL to 998' MSL, and slopes to the north. The higher point of the site is due to the mounds created for the recreational use located in the northwest corner of the site. Veaetation: Significant vegetation overlays the southern one-half of the property, with significant trees located adjacent to the east property line in the northern one-half. Identified species include Basswood, Bitternut Hickory, Green Ash, Red Oak, Bur Oak, Hackberry, and Sugar Maple. Wetlands: Wetlands are not present on the site. Access: Access to the site is from CSAH 42 to the south and 141s1 Street to the east, once the property to the east is developed. Future access to the property will be limited to a right-in/right-out intersection on CSAH 42. Utilities: Sewer and water services are currently available to the site. Adiacent Existina Uses. Land Use. and Zonina: Existing Use Land Use Zoning Desianation Desianation North Vacant R-UMD A South CSAH 42; single R-UMD R-1 (Low Density family dwellinQs Residential) East (Savage) Single Low Density R-1 (Low Density Family Dwellings Residential Residential) West Single Family R-UMD A DwellinQ The Issues: The Comprehensive Plan Map designates this property as R- UMD (Urban Low/Medium Density Residential), which allows for residential development up to 10 units per acre. Associated zoning includes R-1 (Low Density Residential), R-2 (Low-Medium Density Residential), and R-3 (Medium Density Residential). The applicant is requesting to rezone the property from A (Agricultural) to R-1. The proposed zoning is consistent with the Comprehensive Plan. 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 1:\03 files\03 subdivisions\03 prelim plat\windsor eslales\cc report. doc Page 2 . 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. Finding: The current zoning of the property is inconsistent with the 2020 Comprehensive Plan. The proposed R-1 zoning is consistent with the R- UMD land use designation. Minnesota Statutes Section 473.865, Subd. 2, also provides in pertinent part "[a] local governmental unit shall not adopt any official control or fiscal device which is in conflict with its c(Jmprehensive plan or which permits activity in conflict with metropolitan system plans." Minnesota Statutes Section 473.865, Subd. 3, provides in pertinent part "[i]f an official control conflicts with a comprehensive plan as the result of an amendment to the plan, the official control shall be amended by the unit within nine months following the amendment to the plan so as not to conflict with the amended comprehensive plan." The rezoning of this property to the R-1 district is consistent with the statute. Conclusion: The R-1 use district is consistent with the R-UMD designation. Therefore, the Planning Commission and the staff recommend approval of this request. FISCAL IMPACT: Budaet ImDact: There is no direct budget impact involved in this request. ALTERNATIVES: The City Council has three alternatives: 1. Adopt an ordinance approving the rezoning from A to R-1. 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. RECOMMENDED MOTION: The staff recommends Alternative #1. The following motion is required: 1. A motion and seco to adopt an ordinance rezoning 5980 140th Street from the (Ag cultural) to R-1 (Low Density Residential) use district. REVIEWED BY: 1:\03 files\03 subdivisions\03 prelim plat\windsor estates\cc report.doc Page 3 ATTACHMENTS: 1. Ordinance 03-XX 2. Location map 3. Comprehensive Land Use Plan map 4. Zoning map 5. Draft March 24, 2003, Planning Commission meeting minutes 1:\03 files\03 subdivisions\03 prelim plal\windsor eslates\cc report. doc Page 4 ATTACHMENT 1 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-1 (Low Density Residential). LEGAL DESCRIPTION: That part of the West 329.09 feet of the South Y:z of the Southwest 'l4 of Section 19, Township 115, Range 21, Scott County, Minnesota, described as follows: Beginning at the Southwest corner of the North 225.00 feet of said South Y:z of the Southwest 'l4; thence Easterly along the South line of said North 225.00 feet of the East line of the West 164.50 feet of said South Y:z of the Southwest 'l4; thence Southerly along said East line of the West 164.50 feet to the North line of the south 886.83 feet of said South Y:z of the Southwest 'l4; thence Easterly along said North line of the South 886.83 feet to the East line of said West 329.09 feet; thence Southerly along said East line to the North line of the South 661.83 feet of said South Y:z of the Southwest 'l4; thence Westerly along said North line of the South 661.83 feet to the West line of said South Y:z of the Southwest 'l4; thence Northerly along said West line to the point of beginning. AND The South 661.83 feet of the West 329.09 feet of the South Y:z of the Southwest 'l4 Section 19, Township 115, Range 21, Scott County, Minnesota AND That part of the South 1319.00 feet of the East Y:z of the Southeast 'l4, Section 24, Township 115, Range 22, lying East of a line described as beginning at a point on the South line of the Southeast 'l4 distant 331.11 feet West from the Southeast corner; thence North to a point 329.99 feet West from the Northeast corner thereof. 1:\03 files\03 subdivisions\03 prelim plal\windsor estales\ordinance.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 This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 7th day of April, 2003. ATTEST: City Manager Mayor YES NO Haugen Haugen Blomberg Blomberg LeMair LeMair Petersen Petersen Zieska Zieska 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 subdivisions\03 prelim plat\windsor estates\ordinance.doc Page 2 Location Map Windsor Development Rezonin ATTACHMENT 2 Qty of Shakopee Oty of Savage Prior Lake ~ N A rl'O~J~~lj~ .1Il l:l ~1 .IIlEil'Oh: ~t~~~~lll~ ~~i J ljl g~ l!l~~lf~1 11iiifl!1 1'O~'-:51 ~- lil1l1 ~~) .!Il~~lll~~I; i~f;lj~ _.~ i1 f~f:g!~l i - :!oe . 1h:: '" z.., J T ~ ~ <<l if i B 't5~ ~ b C /~r.E:;" (l/!!!Ji\) ~V... ~ ~/ Q) 0) ~ ~ '5 ~ o ~ ~ co .c en '0 ~ o i I ~ ~ IhJjhH ~ : ! ~~f'hCJi~~~ ~ f ! ~ :tJ~I~h IHn ~ if ~ c(~;t:t~;t(}~3~~~i~~! ~ N I II ~IIIID ~~ :.:-:.:.:. : ~mmm m~ T"" - T""-~ Ii ~.. II :::> Q- g> i ~ ~ .~ a.. F .~ a.. - X f.:!j!~ !j~ as~~.6,R~git ~!jFI~ii:!6 ~~i I r~l tl.e I ;]~:Ifil Q1nftp ~-~'8;u.l1l'2 li ii ~ -~~ .~'tl".tl I; :fiji1li I'! ~~.~t~J'tll~ Fie~!61~ ~ ~ 05 '0 ~ o . ~ IL .I zT";= .3 iz Zj 11 ~ f: 't5~ su>> ~ /-'..~ 8 ~ (!~j) 2 ~ \'Ov~, 0 ... '-.:.!~~'''~/ N ~ ~ '0 Z' U ii,~ i o ~ ~ 'a ~ i i 5 g I i U~. ! ~HhHnrlP i ~ ~~~5~J~~~~~~!j~ f ~ ~ I ~ ~ ~ J ~ ~~ 81 ~ ~ ~ ~: ~ ! ~ J ';';',:;' II~II~II]D ma 1ii ~ ~~ lJi i j .~ 8: ~1a II J~ ~~ Planning Commission Meeting March 24, 2003 ATTACHMENT 5 MOTION BY CRIEGO, SECOND BY ATWOOD, TO TABLE THE ISSUE TO APRIL 14,2003, PLANNING COMMISSION MEETING. Votes taken indicated ayes by all. MOTION CARRIED. b~ B. Case 03-03: Windsor Development is reqnesting to rezone 10 acres from A "4J:'r (Agricultural) to R-l (Low Density Residential) and preliminary plat to create 23 lots and one outlot for detached single family dwellings. This property is located directly north of CSAH 42 and east of CSAH 18, just west of the Prior Lake/Savage municipal border. Planner Cynthia Kirchoff presented the Planning Report dated March 24,2003, on file in the office of the City Planning Department. Windsor Development has applied for approval of a development to be known as Windsor Estates of Prior Lake on property located at 5980 140th Street NE (CSAH 42), just west ofthe Prior Lake-Savage municipal boundary. The application includes the following requests: 1. A Rezoning from A (Agricultural) to R-l (Low Density Residential); and 2. A Preliminary Plat to subdivide 10 acres into 22 lots for single family dwellings and one outlot. In conjunction with the subject proposal, the applicant is proposing to develop the 10 acre parcel to the east located in the City of Savage for single family dwellings. The two subdivisions will be connected via the extension of 141 st Street and a shared storm water pond. On April 10, 2003, the Savage Planning Commission is scheduled to hold a public hearing on their proposal. According to City of Savage staff, there may be issues with the proposed street grade and storm water ponding. Scott County submitted a letter requesting additional footage. The major issue pertaining to this development is how the property to the north and west will develop ifthis plat is approved as submitted. Both the engineering and planning staff recommend that a concept plan be prepared for the parcels to the north and west to verify if street grade and location are appropriate. More important, the applicant shall gain all necessary approvals from Savage prior to the City approving Windsor Estates of Prior Lake. Staff recommended the matter be tabled until the ponding and street issues are determined by the City of Savage. Atwood questioned the section line on County Road 42. Kirchoff explained Scott County's concern. Comments from the public: L:\03 Files\03 Planning Comm\03pcMinutes\MN032403.doc 4 Planning Commission Meeting March 24, 2003 Debbie Brodshu, the landscape architect for the project spoke on behalf ofthe developer stated staff did a terrific job in pointing out the issues. She said it has been interesting balancing out the two different cities' ordinances to blend the project. The hardest issue is dealing with the topography and save as many trees as possible. It is almost impossible to put the homes and streets meeting engineering specification and still save a lot of trees. Brodshu explained the proposed plantings and buffering between the projects. They do not have a problem with the County asking for another 20 feet of right-of-way. Brodshu addressed each of staffs recommendations and did not feel any ofthem would be an issue. Her only concern was the first condition asking for an approval from Savage. They would like approval tonight. Applicant, Paul Kirschner said he is current working with Savage who is waiting for a confirmation from Prior Lake's Planning Commission's approval. Criego said it looks like halfthe property has significant trees and questioned ifthey plan on removing half the trees. Kirschner said it is hard to plat the homes and streets and there is not a lot of variances to where the streets have to go. Criego felt there is not much imagination in this development and asked if there was some way of redeveloping and saving more trees. Kirschner said the County is dictating the road's location. Criego said some ofthe lots seem close to County Road 42, and asked the applicant ifhe thought of buffering the road. Kirschner responded they didn't. Criego asked what the price range would be. Kirschner said they would be between $400,000 and $500,000. Atwood questioned if the cul-de-sac on the adjoining development would be temporary. Kirschner said it would not. Ed Gregory lives west of the project and stated he has serious concerns with this development. He questioned the grading on 141 st Street coming from Savage's proj ect. Kirschner said it would be 6 or 7 percent. Gregory questioned the location of road grading. His concern is where 141 st Street going west. It has a perfect alignment to the hallway in his home. People have expressed interest in his property and resents that his land is worth something but his house isn't. That is a totally different perspective than what he pays in taxes. He was hoping there could be adjustments made in the road alignment. Gregory has concerns for the road layout. In talking to Scott County, Transportation Planner Craig Jenson has concerns for the access layout ofthe road to County Road 42. His other concern is the access with the business office designation. Kansier address the road access issue dictated by County Road guidelines. There would be no access from Prior Lake. Gregory asked what the road setback would be north of County Road 42. Kansier said there was no specific plan. It wouldn't be a frontage road. Gregory questioned who he would contact on roads. Kansier said Scott County. L:\03 Files\03 Planning Comm\03pcMinutes\MN032403.doc 5 Planning Commission Meeting March 24, 2003 Scott Tschida, 9223 141 st owns the property east in Savage questioned the controlled access. A rumor is that one ofthe accesses from the Prior Lake is right-inlright-out. He also questioned a Savage development. Kansier said it is Savage's jurisdiction. Tschida is concerned with the additional traffic through Savage's neighborhood. Dan Wermerskirchen, 9220 141 st Street, felt this development should be tabled until Savage has its final development. The development is coming from Savage - east to west. He would like to see the proposed park area. There are 7 children under the age of 4 in the area. Several cars will be going through this development. Tom Stenson, the neighbor to the west, across the access road on Aspen said he supported the Gregorys' issue with the road aimed directly through their house. It is a shame to see their house demolished. He does not have a problem with a road, but cannot see going through with the current plan. Dan Wermerskirchen asked if this is approved, who decides on where the construction traffic goes. There are only 6 homes on 141 st Street. Kansier said Prior Lake does not have any jurisdiction in Savage but would ask that the construction enter and exit on County Road 42. Prior Lake can try to dictate that most ofthe traffic would be off of 42. Ed Gregory said he resided on the 10 acre parcel for 18 years. It is alarming that in the winter County Road 42 is the last road to get any attention. There is a lot of traffic and is concerned for safety. The public hearing closed at 8:08 p.m. Comments from the Commissioners: Ringstad: · Staff suggested recommending tabling the matter, the developers asked to consider the matter tonight. · Also, some of the residents have concerns and asked to table the matter. After hearing all this, is staffs recommendation to table? Kirchoff stated staff still recommends tabling. · Staff s has 17 recommendations and should be cleared up before the Planning Commission approves. · Recommended to table. Atwood: · Agreed with Ringstad on tabling. · There are grading issues that cannot be underestimated. There is potential and it will work, but as a Commission we can inform Savage of our concerns and conditions without passing this tonight. · Agreed with staff on the additional plantings. L:\03 Files\03 Planning Comm\03pcMinutes\MN032403.doc 6 ---r-- Planning Commission Meeting March 24, 2003 . Add another condition for signs on the temporary cul-de-sac. It is information letting the new homeowners it is temporary and will create fewer problems down the road. . The grading and streets are terribly important. Scott County needs to address some of the neighbor's concerns. Prior Lake does not have the ultimate authority on the roads. Lemke: . Is there any reason the Planning Commission cannot act on the rezoning and table the preliminary plat? . At least Savage would know it was acted on. It might help the developer to act on the zoning. . Table the preliminary plat until we know where the road is at. Criego: . It seems this development lacks a lot of imagination. The same developer should be working on two 10 acre developments together. I see two narrow strips with 20 odd homes on each strip thus leading several problems. . Kansier said ifboth parcels would be in Prior Lake the entire 20 acres would have to follow our city ordinances. But there are two different municipalities, two sets of rules. The two cities will have a joint agreement for the ponding. Prior Lake has had considerable conversations with Scott County and Savage. There is a further constraint in servicing the properties from the west may have to come from the west. This property in Prior Lake might not be able to extend west because of the grading and slopes. . Kansier said there are not a lot of options on redesigning this development. . Asked staff ifthe two parcels could be brought together and be more creative on the roads and design. Kansier said you cannot split a lot between municipalities. Each lot has to be in a single municipality. It would be a taxing administrative nightmare. . Recommend rezoning tonight and continue the Preliminary Plat. In favor ofthe rezoning. Pleased to see that it is single family homes. . Would like to see something more creative and not see those trees coming down. In the next go-around would like to see a tree replacement plan. Stamson: . Did the city of Savage table this issue waiting for Prior Lake's response or are they a couple of weeks behind us? Kirchoffresponded Savage's public hearing is scheduled for April 10th. It was just their schedule. . See the problem for both cities. . The county road access needs to be where it is. There is no flexibility. . It is not a very imaginable design, but the County and City dictates. That brings up the tree issue - running a road down the middle doesn't leave a lot of trees. . Vote for the rezoning and table the preliminary plat. . Send a message to Savage with our comments and what is intended. L:\03 Files\03 Planning Comm\03pcMinutes\MN032403.doc 7 Planning Commission Meeting March 24, 2003 Criego said a lot of the issues are on Savage's side. Stamson: · Is 141 st street in Savage already stubbed in? Kansier responded that would be Prior Lake's biggest concern is changing the road configuration and its affect to the west. · No major issue with the development, but Savage has to determine where the road is going to be. · In this case, it is Savage's responsibility to set the wheel in motion and let Prior Lake know where the street will be realigned. It will not be a major change. · No concerns with the project as long as staffs 18 conditions are met. Atwood: · Questioned how Savage would receive this information. Kirchoff responded Savage would be contacted with the Commissioners' comments. · The Savage residents should emphasize the road issues. Lemke: · The developer was asking for direction on the trail issue - should be paved. Stamson said that would be determined by Savage. They will decide what side of the road it will be on since it will be coming from the east. · Popple said Prior Lake would like to see concrete sidewalks on 141 st and bituminous trails on County Road 42. Ed Gregory questioned where the utilities are north of County Road 42. Kansier said they are at the Voss property. Gregory questioned the design capacity. Poppler said there is a sanitary sewer study being done on the entire area. MOTION BY CRIEGO, SECOND BY LEMKE, RECOMMENDING REZONING FROM AGRICULTURAL TO R-l ON THE PROPERTY LOCATED AT 5980 140TH STREET. Vote taken indicated ayes by all. MOTION CARRIED. MOTION BY CRIEGO, SECOND BY LEMKE, TO TABLE THE PRELIMINARY PLAT UNTIL APRIL 14,2003. Vote taken indicated ayes by all. MOTION CARRIED. Criego said the main issue to send to Savage is the right-inlright-out access. Lemke felt given the constraints the general layout is acceptable. The other Commissioners agreed. L:\03 Files\03 Planning Comm\03pcMinutes\MN032403.doc 8 Planning Commission Meeting March 24, 2003 Debra Brodshu questioned taking the trees out of the easement. Poppler said he would work with the developer on keeping the trees. Kirchoff said the rezoning will be scheduled to the City Council's April 7th meeting. 6. Old Business: None 7. New Business: None 8. Announcements and Correspondence: None 9. Adjournment: The meeting adjourned at 8:29 p.m. Connie Carlson Recording Secretary L:\03 Files\03 Planning Comm\03pcMinutes\MN032403.doc 9