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Home My WebLink About8A - Northview Development MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: INTRODUCTION: DISCUSSION: ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: CITY COUNCIL AGENDA REPORT DECEMBER 20, 1999 8A DONALD RYE, PLANNING DIRECTOR TJUJ ~ 01/$, CONSIDER APPROVAL OF RESOLUTION 99-XX ADOPTING FINDINGS OF FACT DENYING THE COMPREHENSIVE PLAN AMENDMENT FOR NORTHVIEW DEVELOPMENT At the November 15, 1999 City Council meeting, the Council considered the request of Northview Development to change the Comprehensive Plan designation of 2.92 acres of land located on Tower Street. At that meeting, staff was directed to prepare a resolution with findings of fact denying the requested Comprehensive Plan amendment. Issues The principal issue is whether the findings of fact in the attached resolution accurately reflect the Council's reasons for denying the Plan amendment. Staff believes these findings are supported by the record of decision in this case but there may be reasons which staff has not reflected in the findings which the Council may wish to add. 1. Approve Resolution 99-XX denying the Comprehensive Plan amendment for Northview Development. 2. Approve Resolution 99-XX with modifications as deemed appropriate. 3. Deny Resolution 99-XX and direct staff to prepare a resolution approving the Comprehensive Plan amendment with specific findings of fact. Alternative 2 16200~\~Ii'AIM\9~d5.0}<Rrti~~()~Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RESOLUTION 99-xx RESOLUTION DENYING A PROPOSED AMENDMENT TO THE 2010 COMPREHENSIVE PLAN LAND USE MAP FOR THE PROPERTY LOCATED AT 4520 TOWER STREET MOTION BY: SECOND BY: WHEREAS, Northview Development submitted an application to amend the City of Prior Lake 2010 Comprehensive Plan Land Use Map from the C-CC (Community Retail Shopping) to the R-HD (High Density Residential) designation) for the property legally described as follows: Lot 1, Block 2, Enivid First Addition; and That part of Outlot A, Enivid First Addition, contained within the following described tracts: That part of Lot 1, Block 3, Brooksville Center 1st Addition, according to the plat on file in the office of the County Recorder, Scott County, Minnesota, described as beginning at the southwest comer of said Lot 1; thence North 00 degrees 04 minutes 17 seconds West record bearing, along the west line of said Lot 1, 300.00 feet to the south line of a roadway and utility easement; thence North 89 degrees 55 minutes 43 seconds East along said south line 51.99 feet; thence North 28 degrees 34 minutes 57 seconds East along the southeasterly line of said easement 247.34 feet to the south line of South Anna Lane, now known as Tower Street; thence southeasterly along said south line 105.18 feet, along a nontangential curve, concave to the southwest, having a central angle of2 degrees 21 minutes 55 seconds, a radius of 2,547.98 feet and the chord of said curve bears South 75 degrees 28 minutes 12 seconds East; thence South 74 degrees 17 minutes 15 seconds East, tangent to said curve 39.82 feet; thence South 1 degree 30 minutes 45 seconds West a distance of 379.84 feet; thence South 71 degrees 30 minutes 13 seconds West 316.39 feet to the point of beginning. Together with that part of the south half of vacated South Anna Lane, known as Tower Street, which lies between the northerly extension of the easterly line of said property and the southwesterly extension of the westerly line of Lot 2, Block 1, Brooksville Center 2nd Addition, according to the recorded plat thereof. and WHEREAS, legal notice of the public hearing was duly published and mailed In accordance with Minnesota Statutes and Prior Lake City Code; and WHEREAS, the Planning Commission conducted a public hearing on August 9,1999, for those interested in this request to present their views; and J:\99filxs\99compam'92,.05D\ccre&n.doc Page 1 16200 Eagle creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER WHEREAS, on August 9, 1999, the Planning Commission recommended denial of the proposed amendment to the Comprehensive Plan; and WHEREAS, on November 15,1999, the Prior Lake City Council considered the application to amend the 2010 Comprehensive Plan Land Use Map to designate the above described property to the R-HD designation and; WHEREAS, the City Council received the recommendation of the Planning Commission to deny the proposed Comprehensive Plan amendment along with the staff reports and the minutes of the Planning Commission meetings; and WHEREAS, the City Council has carefully considered the testimony, staff reports and other pertinent information contained in the record of decision of this case. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that the proposed amendment to the 2010 Comprehensive Plan Land Use Map to designate the above described property as R-HD (High Density Residential) is hereby denied based upon the following findings of fact. FINDINGS OF FACT 1. The burden is on the applicant to demonstrate that the Comprehensive Plan designation is in error and that a change is justified. 2. The applicants have failed to demonstrate that the current Comprehensive Plan designation of C-CC (Community Commercial) is inappropriate and that it should be changed. 3. The Prior Lake Planning Commission recommended denial of the request based on an insufficient supply of commercially-zoned property within the City. This request would reduce the supply of commercially-zoned land in the City by 2.92 acres. The Implementation section of the Comprehensive Plan calls for the creation of additional commercial and industrial zoning districts as a means of enhancing the City tax base. 4. There has not been a material change in the area or conditions affecting the site since the Comprehensive Plan was adopted in 1996. 5. The applicant relies upon the section of the 2010 Comprehensive Plan which states on page 57 that areas designated C-CC should have a minimum of 10 acres. 6. Commercial designation of the property is not affected by the 10 acre limitation on property in the C-CC designation because this provision applies to the entire district and not to individual parcels within the area so designated 7. Changes in land use designations in the area are premature until the final alignment of the so-called Ring Road has been determined. 8. The applicant states that the Rental Housing Study recently commissioned by the Scott County Housing and Redevelopment Authority justifies the request for a Comprehensive Plan amendment of the subject property to R-HD (High Density Residential). 9. The Scott County Housing and Redevelopment Authority study on rental housing in Scott County did not indicate there was a severe shortage of land available for multiple family development in the City. 1:\99files\99compam\99-050\ccresn.doc Page 2 Passed and adopted this 20th day of December, 1999. Mader Mader Kedrowski Kedrowski Petersen Petersen Schenck Schenck Wuellner Wuellner YES NO {Seal} Frank Boyles, City Manager City of Prior Lake 1:\99files\99compam\99-050\ccresn.doc Page 3