HomeMy WebLinkAbout5 - New Century Construction - Ord 91-09
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AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
ALTERNATIVES:
HERITAGE
1891
COMMUNITY
1991
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HORST GRASER, DIRECTOR OF PLANNING
SECOND CONSIDERATION OF REZONING APPLICATION
FOR NEW CENTURY CONSTRUCTION - ORDINANCE 91-09
AUGUST 5, 1991
This public hearing item is a continuation
from July 15. 1991. The requested action is
from developers Mike Giles and Joe Mahoney to
rezone the recently annexed 70 acres lying
adjacent to and directly west of the "The
Pond" Athletic Complex from A-1 Agricultural
to R-1 Single Family Residential.
This hearing was continued for legal research
to determine if an ordinance could be adopted
with a condition based upon the happening of a
future event. Attorney Glenn Kessel,
researched the matter and has concluded from
his own findin9s and based upon an attorney
general's opin1on that conditional rezonings
are legal.
Both the Council and Staff did not want to
rezone the subject site if it was not brought
into the urban service area via a
comprehensive plan amendment approval by the
Metropolitan Council. Staff will be
submitting the Comprehensive Plan Amendment to
the Metropolitan Council on Wednesday July 31,
1991. It has been agreed by all parties that
the Amendment is technically a major amendment
and the Council has a 90 day review time
frame.
Attached please find a draft ordinance
rezoning the subject site from A-1 to R-1.
The rezoning is conditional upon Metropolitan
Council approval and would become ineffective
after November 15, 1991. The date is a
sunshine clause to assure that this ordinance
was meant for the Giles-Mahoney development
only. The November 15th date gives the
Metropolitan Council slightly more than 90
days to make a decision and report back to the
City on the major comprehensive plan
amendment.
1.
Approve the attached ordinance as
proposed.
Continue the hearing to a date certain.
Deny the rezoning.
2.
3.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447.4230 / Fax (612) 447-4245
RECOMMENDATION:
ACTION REQUIRED:
Under the circumstances a conditional rezoning
is supported by Staff. This entire package
has been before the City for over 12 months,
the annexation has been acce~ted by the
Municipal Board, the Comprehens1ve Plan has
been approved by the Council, and all
councilmembers agree with the R-1 designation.
Given these four points, staff recommends
approval of Ordinance 91-09.
A motion to approve Ordinance Number 91-09 is
in order.
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'34474245
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CITY OF PRIOR LAXE
ORDINANCE NO. 91-09
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE TITLE 5 AND THE PRIOR
~E ZONING ORDINANCE NO. 83-6.
The Council of the City of Prior Lake does hereby ordain:
The Prior Lake 20ninq Map, referred to in Prior Lake City Code
Section 5-2-1 and the Prior Lake Zoning Ordinance Section 2.1,
is hereby amended, conditioned upon Metropolitan Council
approval of the Prior Lake Comprehensive Plan, from A-I
Agricultural to R-l Residential for the following described
property:
That part of the West half of the Northeast Quarter of
Section 11, Township 1l4, Range 22, lying Northeasterly
of the center line of Mushtown Road, Scott County,
Minnesota, consisting of approximately 69.82 acres
In the event the Metropolitan Council does not approve the Prior
Lake Comprehensive Plan amendment incorporating the above
described property in its urban service area on or before
November 15, 1991, then this rezoning ordinance amendment shall
be null and void and of no force and effect.
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 , 1991.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the ____ day of
, 1991.
Drafted By:
Lommen, Nelson, Cole & Stageberq, P.A.
1800 IDS Center
Minneapolis, Minneso~a 55402
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S'EC.
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(J COMPREHI!NSIVE PLAN
AM EN OM atr
(J SUBDIVISION
(J REZONING
(J . ARIANCE
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CHANGE LAND USE FROM -OPEN SPACE" TO " "LOW DENSITY RESIDENTIAL-
REZONE FROM A-I AGRICULTURAL TO R-l URBAN RESIDENTIAL
VARIANCE NEEDED FOR CUL-DE-SAC'S TO BE LONGER THAN 500'
SUBDIVIDE SITE FOR SINGLE FAMILY HOMES
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