HomeMy WebLinkAbout10A - Glynwater 1st Addition
CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
JUNE 1, 1998
lOA
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF RESOLUTION 98-XX
DECLARING APPROVAL OF THE ZONE CHANGE,
CONDITIONAL USE PERMIT AND PRELIMINARY PLAT
FOR GL YNW ATER NULL AND VOID DUE TO IMPROPER
HEARING NOTICE
Historv: In January, 1998, Wensmann Realty, Inc., submitted
applications for approval of a zone change from the A-I (Agricultural)
and C-l (Conservation) Districts to the R-2 (Urban Residential)
District, a conditional use permit to allow 121 townhouse units and a
preliminary plat for this development. The Planning Commission held
a public hearing on this matter on February 23, 1998. The City
Council reviewed the applications on March 16, 1998, and
subsequently approved the zone change request (Ordinance 98-03) and
the preliminary plat (Resolution 98-39). The conditional use permit
was approved on April 20, 1998 (Resolution 98-47).
Current Circumstances: It has recently come to our attention that the
notice of the public hearings for this application was improper. The
Zoning and Subdivision Ordinance require that written notice of the
public hearing be mailed to owners of property within 500' of the site
boundaries. The names and addresses of these property owners is
prepared by a certified abstract company and submitted by the
developer. In this case, a large number of properties were
inadvertently omitted from the list by the abstract company.
The City Attorney researched this issue to determine if the hearings
which were held on this matter were sufficient, and has concluded they
are not. Her findings are contained in the attached memorandum.
The Issues: The developer obviously intends to proceed with this
development. Therefore, the it is necessary to reschedule the required
hearings before the Planning Commission and the City Council. The
staff will schedule the hearing for next available Planning Commission
meeting, June 22, 1998. Ifpossible, this item will be forwarded to the
Council at the July 6, 1998, meeting. In the meantime, the developer
1620O>W~gf~~~~~v~t,~1<g~~~~~f5~Ot~~~~~innesota 55372-1714 / Ph. (612) 447-4230 / Fa!r612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
has ceased grading on the site. The developer and the staffwill
continue to monitor the site for possible erosion problems.
Conclusion: In order to ensure that the proper procedures are
followed, it is necessary to void the adopted ordinance and resolutions,
and to start the public review process over at the beginning.
Budflet Imoact: The requirements for new hearings will result in
additional publishing and mailing costs to the City. However, failure
to do so may result in additional legal costs.
The City Council has three alternatives:
1. Adopt Resolution 98-XX, declaring Ordinance 98-03, Resolution
98-39 and Resolution 98-47 null and void due to improper hearing
notice.
2. Deny Resolution 98-XX
3. Defer this item and provide staff with specific direction.
A motion and second to adopt Resolution 98-XX
('
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RESOLUTION 98-XX
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL DECLARING Ilt.E
APPROVAL OF ORDINANCE 98-03, RESOLUTION 98- 39 AND RESOLUTION 98-47
NULL AND VOID DUE TO IMPROPER HEARING NOTICES
MOTION BY: SECOND BY:
WHEREAS: Wensmann Realty, Inc., submitted applications for approval of a zone change from
the A-I and C-1 Districts to the R-2 District, a conditional use permit to allow 121
townhouse units and a preliminary plat to accommodate this development, to be
known as Glynwater, in January, 1998; and
WHEREAS: the Prior Lake Planning Commission held a public hearing on these applications on
February 23, 1998; and
WHEREAS: the City Council reviewed the applications and approved Ordinance 98-03, rezoning
the site from the A-I and C-1 Districts to the R-2 District, and Resolution 98-39
approving the preliminary plat for Glynwater on March 16, 1998; and
WHEREAS: the City Council approved Resolution 98-47 approving the conditional use permit for
Glynwater on April 20, 1998; and
WHEREAS: the City Council has found that the original hearing notice for these applications was
flawed in that there were a significant number of owners of property within 500 feet
of the entire site boundary that did not receive notice because the abstract company
failed to provide a complete list.
NOW, THEREFORE, BE IT HEREBY RESOL YED BY THE CITY COUNCIL OF THE
CITY OF PRIOR LAKE, MINNESOTA, that the approval of Ordinance 98-03, Resolution 98-
39 and Resolution 98-47 are declared null and void due to improper hearing notice.
Passed and adopted this 1 st day of June, 1998.
I
I MADER
I KEDROWSKI
I PETERSEN ..
I SCHENCK
I WUELLNER
YES
NO
MADER
KEDROWSKI
I PETERSEN
I SCHENCK
I WUELLNER
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16200 Eagle Creek Ave. ~.t.., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
-,
Frank Boyles, City Manager
City of Prior Lake
{Seal}
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THE MEMORANDUM FROM THE CITY
ATTORNEY WILL BE INCLUDED WITH THE
WEEKLY UPDATE