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Home My WebLink About7C - Leo Vierling Property Rezoning PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: ALTERNATIVES: 7C DEB GARROSS, ASSISTANT CITY PLANNER CONSIDER ORDINANCE 93-30 REZONING APPROXIMATELY 80 ACRES OF LAND OWNED BY LEO VIERLING FROM 1-1, SPECIAL INDUSTRIAL TO A-1, AGRICULTURAL. DECEMBER 20, 1993 The purpose of this item is to consider a City initiated rezoning to change the zoning designation of approximately 80 acres of land owned by Leo Vierling from 1-1, Special Industrial to A-1, Agricultural. The proposal is to adopt attached Ordinance 93-30 to implement the rezoning. On May 3, 1993 the City Council approved an amendment to the Prior Lake Comprehensive Plan removing 120 acres of the Leo Vierling property from the Urban Service Area and designating the land use as open space. The purpose of this rezoning is to implement the amendment to the Comprehensive Plan. The rezoning is the final step in the land trade, Urban Service Area and Land Use plan amendments to the Comprehensive Plan to accommodate The Wilds. See attached staff report and maps for details related to this application. The Planning Commission held a public hearing related to this issue and recommends approval of Ordinance 93-30 as submitted. See attached Planning Commission minutes dated December 2, 1993 for details. Approve Ordinance 93-30 attached, rezoning approximately 80 acres of 1-1, Special Industrial land to A-1 , Agricultural. 2. Continue or table this item for specific information. 1. RECOMMENDATION: Alternative #1. The Planning Commission recommends that the City Council adopt Ordinance 93-30 as written. The rationale for adoption is to bring the Zoning Map into compliance with the Prior Lake Comprehensive Plan and to complete implementation of The Wilds, Comprehensive Plan amendment. ACTION REQUIRED: A motion to approve Ordinance 93-30. A 4/5 majority of the City Council is needed to adopt an amendment to the Prior Lake Zoning Ordinance. 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245 AN EQUAL OP?<}RTUNITY EMPlDYER 'OD93JC7' CITY OF PRIOR LAKE ORDINANCE NO. 93-30 AN ORDINANCE AMENDING PRIOR LAKE CITY CODE SECTION 5-2-1 AND PRIOR LAKE ZONING ORDINANCE NO. 83-6 SECTIqN 2.1. The Council of the City of Prior Lake does hereby ordain: The Prior Lake Zoning Map, referred to in Prior Lake City Code Section 5-2-1 and Prior Lake Zoning Ordinance No. 83-6 Section 2.1, is hereby amended to change the zoning classifications of the following legally described propertyto A-I, Agricultural. LEGAL DESCRIPTION: That part of the Northwest Quarter of the Northwest Quarter of Section 26, Township 115, Range 22, Scott County, Minnesota, lying northerly of a line connecting a point in the west line of said Northwest Quarter of the Northwest Quarter distant 260.00 feet north of the southwest comer thereof with a point in the east line of said Northwest Quarter of the Northwest Quarter distant 552 feet south of the northeast comer thereof. AND The Southeast Quarter of the Northwest Quarter of Section 26, Township 115, Range 22, Scott County, Minnesota. and that part of the Southwest Quarter of the Northwest Quarter of said Section 26 lying easterly of the following described line; Beginning at a point in the south line of said Southwest Quarter of the Northwest Quarter distant 400.00 feet east of the southwest comer thereof; thence northerly parallel with the west line of said Northwest Quarter 280.00 feet; thence northeasterly to the northeast comer of said Southwest Quarter of the Northwest Quarter and there tenninating. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this _ day of -' 1993. ATIEST: City Manager: Mayor: To be published in the Prior Lake American on the _ day of , 1993. Drafted By: Lommen, Nelson, Cole & Stageberg, P.A. 1800 IDS Center Minneapolis, Mirmesota SS402 1"'llCb ill dl'\'l'loptJ1l.'tJt~ in Prior L:1ke and depicting the lot sizes and the current policy. As the next Public Hearing was scheduled for 8:00 P.M., this Public Hearing was continued to the end of the evening's agenda. ITEM II _ PUBLIC HEARING - TO CONSIDER REZONING FOR THE I.EO YTERLING PROPERTY FROM 1-1 TO A-I The Public Hearing was called to order at 8:00 P.M. by Chairman Arnold. The public was in attendance and a sign-up sheet was circu}ated. Horst Graser, Director of Planning, presented the infonnation as per memo of December 2, 1993. The purpose of the hearing is to rezone approximately 80 acres of property owned by Leo Vierling from Industrial to Agricultural.. This property was removed from the Urban Service Area approximately four months ago as an exchange parcel for The Wilds in the Comprehensive Plan Amendment. It is necessary to rezone the 80 acres of the Vierling propeny from I-I to A-I, a land use consistent with the Rural Service Area policies, Urban Service Area and Land Use Plan of the Comprehensive Plan. In the interim of approving the Comprehensive Plan, it is prudent to rezone this property from I-I to A-I as the City of Prior Lake does not allow industrial construction without sewer and water. Staff has prepared Ordinance No. 93-30 for the Planning Commission to recommend approval to the City Council. Leo Vierling, 14091 Eagle Creek Avenue, asked for clarification on the proposed ordinance. Mr. Graser explained the process. Comments from the Commissioners were on; issue is a matter of fonnality, designation of industrial zone, and all were in consensus with approval. MOTION BY GREENFIELD, SECOND BY ROSETH, TO RECOMMEND TO THE CITY COUNCIL TO APPROVE AN ORDINANCE AMENDING PRIOR LAKE CITY CODE SECTION 5-2-1 AND PRIOR LAKE ZONING CODE ORDINANCE NO. 83-6 SECTION 2.1. RATIONAL BEING THIS WOULD BRING THAT PART OF THE ZONING MAP INTO COMPLIANCE WITH THE CURRENT COMPREHENSIVE PLAN. Vote taken signified ayes by Greenfield, Roseth, Loftus, Vonhof, and Arnold. MOTION CARRIED. MOTION BY ROSETH, SECOND BY VONHOF, TO CLOSE THE PUBLIC HEARING. Vote taken signified ayes by Roseth, Vonhof, Arnold, Loftus, and Greenfield. The Public Hearing was closed at 8:20 P.M. A recess was called at 8:20 P.M. and the meeting was reconvened at 8:30 P.M. ITEMTII -VARIANCE - ROD DEHMLOW AUTO SAI.ES Commissioner Roseth stated as he has an on-going business arrangement with the applicant and therefore withdrew from the proceedings. Bernie Mahowald, of Mahowald Builders, represented the applicant Rod Dehmlow, owner of Rod Dehmlow Auto Sales. Mr. Mahowald stated the applicant is in the business of reselling and refurbishing cars and wishes to enlarge his establishment to accommodate a show room and is requesting the variance for this purpose. Mr. Mahowald then asked what procedure would be PLANNING COMMISSION December 2, 1993 Page 2 RZ05PC PLANNING REPORT PRESENTER: PUBLIC HEARING DATE: 2 CONDUCT PUBLIC HEARING TO REZONE APPROXIMATELY 80 ACRES OF I-I, SPECIAL INDUSTRIAL TO A-I, AGRICULTURAL. DEB GARROSS, ASSISTANT CITY PLANNER XYES _NO DECEMBER 2, 1993 AGENDA ITEM: SUBJECT: INTRODUCTION: The purpose of this public hearing is to consider a City initiated rezoning of approximately 80 acres of property owned by Leo Vierling (see attached legal description and maps for proposed rezoning site). DISCUSSION: On May 3~ 1993 the City Council approved an amendment to the Prior Lake Comprehensive Plan Urban Service Area (USA) that deleted 120 acres of the Leo Vierling fann and 160 acres of the Robert Jeffers property from the USA. In addition, the Land Use designation of the 80 acres of Vierling property was changed from Industljal to Open Space (see attached Year 2000 Urban Service Area Boundary and Land Use Map). In exchange~ approximately 600 acres (The Wilds) was placed into the USA and designated as Low Density Residential. To complete the process, it is necessary to rezone the 80 acres of the Vierling property from I-I to A -1 ~ a land use consistent with the Rural Service Area policies~ Urban Service Area and Land Use Plan of the Comprehensive Plan. Approximately 80 acres of the Vierling property is currently zoned I-I, Special Industrial on the Zoning Map. The current zoning is inconsistent with the Comprehensive Plan amendment and therefore must be changed. The 80 acres of I-l~ Special Industrial Land should be rezoned to A-I. Agricultural to reflect the Land Use designation of the Comprehensive Plan. Mr. Jeffers property is currently zoned C-l, Conservation. Both the A-I. Agricultural and C-l, Conservation zones implement the Rural Service Area policies of the Comprehensive Plan and are intended to be holding areas~ with limited development~ until such a time as they are added to the USA and subsequently rezoned to an appropriate land use designation. This rezoning is the last element required to implement the Comprehensive Plan amendment process for The Wilds. It is contemplated that as part of the 2010 Comprehensive Plan, that both the 120 acre Vierling and 160 acre Jeffers parcels will be added back into the Urban Service Area. At that time, the appropriate land use designations, based upon the 2010 Comprehensive Land Use Plan will be applied to the properties. Subsequent development and rezonings will be 4629 Dakota 5t. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 4474230 I Fax (612) 4474245 AN EQUAL OPPORTUNITY EMPLOYER based upon the future land use designation determined by the City, for those parcels. ALTERNATIVES: 1. Recommend that the City Council adopt Ordinance 93-30 attached, rezoning the approximately 80 acres of 1-1, Special Industrial land to A-I, Agricultural. 2. Continue or table this item for specific information. RECOl\fMENDATION: Alternative #1. Approve the rezoning from 1-1, Special Industrial to A-1, Agricultural as proposed. The amendment will complete the Comprehensive Plan process associated with the Wilds development and bring that part of the Zoning Map into compliance with the current Comprehensive Plan. The rezoning is being conducted according to provisions of Zoning Ordinance 83-6, Section 7.9 which states: "The City Council may by a two-thirds vote of all its members amend this Ordinance as proposed by the City Council, by the Planning Conumssion or by a petition of a person owning property within Prior Lake. An amendment initiated by the City Council shall be referred to the Planning Conumssion for study and report. 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"RZ05PN" NanCE OF PUBLIC HEARING TO REZONE PROPERlY You are hereby notified that the Planning Commission w1l1 hold a Public Heartng In the Prior Lake City Counc1l Chambers at 4629 Dakota Street S.E., on Thursday. December 2. 1993 at 8:00 p.m. The purpose of the hearing is to consider the rezoning of the following legally described property from 1-1, Special Industrial to A-I. AgrIcultural: PARCEL A That part of the Northwest Quarter of the Northwest Quarter of Section 26, Township 115. Range 22. Scott County. MInnesota. lying northerly of a line connecting a point In the west line of said Northwest Quarter of the Northwest Quarter distant 260.00 feet north of the southwest corner thereof with a point In the east line of said Northwest Quarter of the Northwest Quarter dJstant 552 feet south of the northeast corner thereof. PARCEL B The Southeast Quarter of the Northwest Quarter of Section 26. Township 115, Range 22. Scott County. Minnesota. and that part of the Southwest Quarter of the Northwest Quarter of said Section 26 lying easterly of the following described line; Beginning at a point in the south line of said Southwest Quarter of the Northwest Quarter distant 400.00 feet east of the southwest corner thereof; thence northerly parallel with the west line of said Northwest Quarter 280.00 feet; thence northeasterly to the northeast corner of said Southwest Quarter of the Northwest Quarter and there terminating. Or more commonly described as approximately 80 acres of land located south and east of the Intersection of CR21 and CR42. If you desire to be heard In reference to this matter, you should attend this public hearing. The Planning Commission w1l1 accept oral and/or written comments. If you have questions regarding this matter. contact the Prior Lake Planning Department at 447-4230. t1d/JJ.-J?-fl~ Deb Garross Assistant City Planner DG:jas To be published In the Prior Lake American on November 20 and 27. 1993. 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 I Ph. (612) 4474230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPlDYER I