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Home My WebLink About8A - Deerfield Decvelopment Zone Change Request MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT JUNE 21, 1999 SA JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF ORDINANCE 99-XX APPROVING A ZONE CHANGE REQUEST BY D. R. HORTON AND DEERFIELD DEVELOPMENT FOR 168 ACRES LOCATED SOUTH OF FISH POINT ROAD AND WILDERNESS TRAIL AND EAST OF THE PONDS ATHLETIC FACILITY History: On May 17, 1999, the City Council considered a request by D. R. Horton and Deerfield Development to rezone approximately 168 acres ofland from the existing A (Agricultural) District to the R-l (Low Density Residential) and R-2 (Low to Medium Density Residential) Districts. The applicant submitted the attached map identifying the revised zoning proposal on the property. The west 97.88 acres is proposed for R-l (Low Density Residential) and the east 70.23 acres is proposed for R-2 (Low to Medium Density Residential). The zoning district boundary follows the approximate alignment of Fish Point Road, as extended into this site. There was a motion and second to approve this request. This motion failed with a vote of2-2. On June 7, 1999, the City Council voted to reconsider this request. The Council agreed to the rezoning, but revised the boundaries by reducing the amount ofthe R-2 district by approximately 10 acres in the southwest comer. The Council then directed staff to prepare an ordinance that included the revised legal descriptions and findings of fact. The previous agenda report identified a total site area of 164 acres, and 66.35 acres ofR-2. There was apparently a calculation error made by the surveyor in the previous surveys. The total site area is 168 acres, and the R-2 area was actually 70.23 acres. The applicant has not added any property to this site; the outside boundaries remain the same as the previously submitted surveys. The error was made in the area calculations. The staff has checked the area calculations using the digitizer, and these are the correct areas. Conclusion: Attached is an ordinance with the revised legal descriptions. These descriptions identify 109.93 acres on the west side 1:\99files\99rezone\99-0 14\990 14cc3.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 ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: of the property as R-I (Low Density Residential), and 58.21 acres on the east side of the property as R-2 (Low to Medium Density Residential). This reduces the R-2 district by approximately 12 acres, Issues: The staff has fulfilled the City Council's direction by providing the attached ordinance adopting the rezoning request and establishing findings of fact. This ordinance increases the R-l area by approximately 12 acres and decreases the R-2 by the same amount. The City Council has two alternatives: 1. Adopt Ordinance 99- XX approving the proposed Zone Change to the R-l and R-2 Districts as requested. 2. Other action as directed by the Council. The staff recommends Alternative #1. A motion and second to adopt Ordinance 99-XX rezoning this property to the R-l (Low Density Residential) and the R-2 (Low to Medium Density Residential) districts. Thi acti requires approval by a 4/5 vote ofthe City c~ Frank 1:\99files\99rezone\99-0 14\990 14cc3 .doc Page 2 CITY OF PRIOR LAKE ORDINANCE NO. 99-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: SECTION 1- BACKGROUND 1. The Planning Commission conducted public hearings on the proposed zone change on April 26, 1999, and on May 10, 1999, for those interested in this request to present their views. 2. On May 10, 1999, the Planning Commission recommended approval of the rezoning of the property to the R-1 and R-2 districts. 3. On May 17, 1999, the City Council considered the application to rezone this property to the R-1 (Low Density Residential) and R-2 (Low to Medium Density Residential) district. The City Council denied the request on a motion of 2-2. 4. On June 7, 1999, the City Council voted to suspend the rules and reconsider this rezoning. The Council voted 4-1 in favor of rezoning the property to the R-1 and R-2 district and to reduce the amount of the proposed R-2 district by approximately 10 acres. 5. The Council then directed staff to prepare an ordinance for consideration on June 21, 1999. SECTION 2. FINDINGS The City Council finds the following: 1. The R-l and R-2 zoning districts are consistent with the R-L/MD (Low to Medium Density Residential) designation on the Comprehensive Plan. 2. This property is located within the City's MUSA boundary and sewer and water services are available to serve the development. 3. The proposed R-2 district provides an adequate buffer between the existing single family development, the proposed development and the future Business Office Park. 4. The future alignment of Fish Point Road serves as a logical boundary between the R-l and R-2 districts. 5. The location of the R-l and R-2 districts provides the best protection for the natural features on the site. 6. The issues pertaining to the development of the site, such as traffic, environment, and runoff, are most appropriately discussed at the platting stage. SECTION 3. AMENDMENT 3.01 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-l (Low Density Residential). 1:\99files\99rezone\99-014\ord99xx2.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 LEGAL DESCRIPTION: That part of the Northeast 1/4 of the Northwest 1/4, the Southeast 1/4 of the Northwest 1/4 and the West 1/2 ofthe Northwest 1/4, of Section 12, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at the northeast comer of said Northwest 1/4; thence N89049'16"W, along the north line of said Northwest 1/4, a distance of 668.00 feet to the point of beginning of the parcel to be described; thence S03042' 16"W a distance of 510.00 feet; thence S10052'52"W a distance of 445.00 feet; thence S26056'56"E a distance of314.97 feet; thence S16000'35"E a distance of 904.29 feet; thence S46033'19"W a distance of769.60 feet to the south line of said Southeast 1/4 of the Northwest 1/4; thence N89020'55"W, along said south line of Southeast 1/4 of the Northwest 1/4 and the south line of said West 1/2 ofthe Northwest 1/4, a distance of 1,398.05 feet to the west line of said West 1/2 of the Northwest 1/4; thence NOoo05'37"E, along said west line of the West 1/2 of the Northwest 1/4, a distance of2615.37 feet to the north line of said West 1/2 of the Northwest 1/4; thence S89049'16"E, along said north line of the West 1/2 of the Northwest 1/4, and said north line of the Northeast 1/4 of the Northwest 1/4, a distance of 1,962.74 feet to the point of beginning. 3.02 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) and C-5 (Business Park) to R-2 (Low to Medium Density Residential). LEGAL DESCRIPTION: That part of the Northeast 1/4 ofthe Northwest 1/4, the Southeast 1/4 of the Northwest 1/4 and the Northeast 1/4 of Section 12, Township 114, Range 22, Scott County, Minnesota, described as follows: Beginning at the northwest comer of said Northwest 1/4; thence S89027'21"E, along the north line of said Northwest 1/4, a distance of243.25 feet; thence S16023'55"E a distance of249.70 feet; thence S34017'20" E a distance of200.27 feet; thence S17029'04"E a distance of 446.77 feet; thence S33024'22"E a distance of 642.42 feet; thence S17016'23"W a distance of 176.54 feet; thence S74029'33"W a distance of838.70 feet; thence S39018'53" W a distance of234.31 feet; thence S75035'18"W a distance of 602.70 feet; thence N16000'35"W a distance of 904.29 feet; thence N26056'55"E a distance of314.97 feet; thence N10052'52"E a distance of 445.00 feet; thence N03042' 16"E a distance of 510.00 feet to the north line of said Northeast 1/4 of the Northwest 1/4; thence S89049'16"E, along said north line of the Northeast 1/4 of the Northwest 1/4, a distance of 668.00 feet to the point of beginning. SECTION 4. EFFECTIVE DATE This ordinance shall take effect the day after the date of publication. Passed by the City Council of the City of Prior Lake this 21st day of June, 1999. 1: \99files\99rezone\99-0 14 \ord99xx2.doc Page 2 ATTEST: City Manager Mayor Published in the Prior Lake American on June 26, 1999. Drafted by: City of Prior Lake Planning Department 16200 Eagle Creek Ave. Prior Lake, MN. 55372 1:\99fi1es\99rezone\99-O 14\ord99xx2.doc Page 3 .-L. - - - 7 t '.......... \,.\ /' -1;.=----_ '1-'/\ .> \ v // ~~~:::--It.::LJ ~-1:\ >'v /'J\"'~......... ...... - \ ~ _"-/ //1'\,'........................ 7~ " /' ^'."-< I '\ ,'y/ ''',-, '\" ~\1').V ~'K~'" / r~} ~~:. , . . , . " ", ." ,,' .' , : , , , I '- '. , , \\ \ \ I~- II '" I,.. '~ . II ........................... ~...,J / .................. N ........., ( ". .r ." ~ 6 .. . ,1-:..:- I ....' I ' .' ;''It. 'If.:_ : 't~ " .....'1 .........: ..... - .' a..:.. .. .. ....,... II" lit' '~:"...... ~ 0:," , ,'I ... ::::' ~..,# ... 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'.:~~.~~-~~~,~~~(\.., (-'__,:f~~: ' ...'" ....... ---. .... ,.....~ ~""...______.... -~ II I ~ --"'_"'~' I J.... , ~"__.""''''''~'''I'' . ,'W- .... ........ I ..;::.::...., l'i~'W;,' --,' , \.. .. :: .. ~ 't _ -":~--.;..... I....::::...~~'::::..::~: ........ '\ ' .. .. -"', I I ........ "--...,,......, ," .,~~'" ~::7;g~;?~}i~':':)?r:.=X~::~-:-~:: .. "',,, I. ....'" :: ~:!;;;~~::.~:;~::: '., '.. . - .... - 10 .. r ... 5CALE I" = ~e>01 .... ". ore"! W~1~ WFJ{~aJt:'~ ~ 1~t'~ ..C~ ?tPy.JC;f(p~/ f~~iU~ '" ""J-- ""'_ _ -0;:.' "'-...,............... - .... ...' ,_"", ,../ ,<~....:".,..t~~~..:/.. , -' ....-',,'....,I....I..:;l~.. ",'" \\ ..,',"",',' :.:/ ,..,.,.,.....' I ~ I~~"\ ::,' " \ f.':t..'".......\.\'~: t 1 "''''''1(V''' \ ''''\-.l. I ,;:,..11. .', ~....~~ :'!.},,; " ,~ , ~--' ".. .. '" ". "- R'EVISED ZONING DISTRICT BOUNDARIES . . AS PER COUNCIL DIRECTION OWNER/DEVELOPER D.R. HORTON, INC. 3459 WASHINGTON DRIVE . Mn MAY 3" 1999 EAGAN, ^1INNESOT A 55122 (651) 454-4663