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Home My WebLink About7B - Windstar Addition STAFF AGENDA REPORT DATE: 7B JANE KANSIER, PLANNING COORDINATOR CONSIDER APPROVAL OF ORDINANCE 97-XX REZONING PROPERTY FROM THE A-1 (AGRICULTURAL) DISTRICT TO THE R-1 (SUBURBAN RESIDENTIAL) DISTRICT FOR "WINDST AR ADDITION" APRil 7, 1997 AGENDA #: PREPARED BY: SUBJECT: INTRODUCTION: The purpose of this agenda item is to consider a zone change from the A-1 District to the R-1 District of a 14.14 acre site located along the east side of Mushtown Road, directly west of Wood ridge Estates and east of O'Rourke Addition. On March 3, 1997, the Council adopted Resolution #97-16, approving a preliminary plat for this property to be known as "Windstar Addition". Rezoning was not accomplished at that meeting because such action requires four votes. DISCUSSION: On March 17, 1997, the Council tabled this item because of some concerns about the preliminary plat. At the Open Forum, the Council heard from a resident of the adjacent subdivision about their concern about the property lines in the Windstar Addition extending into the pond. They were concerned this could affect the water quality in the pond adjacent to their property. ISSUES: The concerns of the neighboring property owners can be addressed by requiring the pond be platted as an outlot in the Windstar Addition. This was the recommendation of the Planning Commission, and the developer has no objection to this. If the pond is platted as an outlot, the City will be responsible for maintenance along the edge of the pond. If the Council feels the pond should be platted as an outlot, Resolution #97-16 must be amended by adding this l:\96files\96subdiv\preplat\windstar\windcc3.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: RECOMMENDATION: ACTION REQUIRED: EXHIBITS: condition (see Condition #6 of the proposed resolution). The Council must also take action on the zone change request at this meeting. 1. Amend Resolution #97 -16 by adding a condition requiring the pond to be platted as an outlot, and adopt Ordinance 97 -XX approving the zone change to the R- 1 district. 2. Do not make any changes to Resolution #97-16, and adopt Ordinance 97 -XX approving the zone change to the R-1 district. 3. Deny this zone change, finding it is inconsistent with the Comprehensive Plan. Denial of the Zone Change will also be denial of the preliminary plat. The staff recommends Alternative #1. Since this is two separate applications, separate motions are required as follows: 1. Motion and second to amend Resolution 97-16 by adding the condition requiring the pond to be platted as an outlot. 2. Motion and second to adopt Ordinance 97-XX approving the zone change to the R-1 district. A 4/5 vote of the Council is required for approval of a rezoning. A. Ordinance 97 -XX (Zone Change) B. Am~ded ReSOIUtiO(7 -16 1:\96files\96subdiv\preplat\windstanwindcc3.doc Page 2 ION 97-16 RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE PRELIMINARY PLAT OF "WINDST AR ADDITION" SUBJECT TO THE CONDITIONS OUTLINED HEREIN. MOTION BY: SECOND BY: ____ WHEREAS, the Prior Lake City Council reviewed the request for preliminary plat approval of Windstar Addition at its meeting on March 3, 1997; and WHEREAS, On April 7,1997, the Prior Lake City Council determined Resolution #97-16 should be amended to add Condition #6; and WHEREAS, the Prior Lake Planning Commission conducted a public hearing on January 27, 1997, to consider the application for the preliminary plat of Windstar Addition; and WHEREAS, notice of the public hearing on said preliminary plat was duly published and posted in accordance with applicable Minnesota Statutes and Prior Lake Ordinances; and WHEREAS, the Planning Commission proceeded to hear all persons interested in this issues, and persons interested were afforded the opportunity to present their views and objections related to the preliminary plat of Windstar Addition; and WHEREAS, the City Council reviewed the preliminary plat according to the applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and found said preliminary plat to be consistent with the provisions of said ordinances; and WHEREAS, the City Council finds the preliminary plat of Windstar Addition to be consistent with the Year 2010 Comprehensive Plan; and WHEREAS, the subject property is presently zoned A-I (Agricultural) which does not permit residential uses; and 1:\96fi1es\96subdiv\preplat\windstar\rs9716ca.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER WHEREAS, a 4/5 vote of the City Council is necessary to pass a zoning ordinance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that the City Council hereby approves the preliminary plat of Windstar Addition subject to the following conditions: 1. Approval of the preliminary plat is subject to approval of an ordinance rezoning the property from the A-I (Agricultural) District to the R-1 (Suburban Residential) District. 2. The flow off of the property from the NURP pond must be addressed at the final plat stage. 3. If Outlot A is not deeded to the adjacent property owner, the Developer must either provide a written explanation of the ownership and maintenance responsibility for this parcel, or it should be dedicated as right-of way. 4. The preliminary plat is valid for 12 months from the date of approval by the City Council. Failure to submit the final plat of the within the required time frame shall cause the preliminary plat to become null and void 5. If a rezoning is not approved within the next forty-five (45) days, this resolution shall be null and void without any further action by the City Council. 6. The pond must be platted as an outlot. Passed and adopted this 7th day of April, 1997. YES NO Andren Greenfield Kedrowski Mader Schenck Andren Greenfield Kedrowski Mader Schenck {Seal} City Manager City of Prior Lake 1:\96ti1es\96subdiv\prcplat\windstar\rs9716ca.doc 2 CITY OF PRIOR LAKE ORDINANCE NO. 97-XX AN ORDINANCE AMENDING SECTION 5-2-1 OF PRIOR LAKE CITY CODE AND AMENDING SECTION 2.1 OF PRIOR LAKE ZONING ORDINANCE 83-6. The City 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 classification of the following legally described property from A-I (Agriculture) to R-l (Suburban Residential). LEGAL DESCRIPTION: That part of the Northwest Quarter of Section II, Township 114, Range 22, Scott County, Minnesota described as follows: Beginning at a point on the East line of said Northwest Quarter distant 842.84 feet southerly of the Northeast corner of said Northwest Quarter; thence North 000 19' 09" east along said east line a distance of 842.84 feet to the Northeast corner of said Northwest Quarter; thence West along the North line of said Northwest Quarter a distance of 715.31 feet to a point distant 1924.78 feet east of the Northwest corner of said Northwest Quarter; thence South 19027' 00" east a distance of 100.00 feet; thence South 170 20' 48" East a distance of 99.48 feet; thence South 160 32' 58" East a distance of 99.67 feet; thence South 170 11' 00" East a distance of 210.0 feet more or less to the Northeast corner of the plat of O'Rourke Addition; thence South 170 11' 00" East along the easterly line of said Addition and its southerly extension a distance of 380.00 feet to a point 80.00 feet southerly as measured along the southerly extension of the easterly line of said Addition; thence South nO 49' 00" West parallel with the southerly line of said Addition a distance of 218.4 feet more or less to the center line of a Township Road; thence southeasterly along said center line to its intersection with a line which bears South 530 28' 40" West from the point of beginning; thence North 53028' 40" East a distance of 600.66 feet to the point of beginning. Containing 13.95 acres more or less. AND That part of the Northwest Quarter (NW 1/4) of Section 11, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at the Southeast corner of the plat of O'Rourke Addition; thence Southerly along the Southerly extension of the Easterly line of said Addition a distance of 40.00 feet to the point of beginning of the tract of land to be described; thence continuing Southerly along said extension a distance of 40.00 feet; thence southwesterly parallel with the Southerly line of said I: \96files\96subdiv\preplat\ windstar\ord97 xx. doc PAGE I 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Addition a distance of 218.4 feet more or less to the center line of a Township Road; thence Northerly along said center line a distance of 40.00 feet to its intersection with a line parallel with and distant 40.00 feet Southerly of the Southerly line of said Addition; thence Northeasterly along said line to the point of beginning. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 7th day of April, 1997. A'ITEST: City Manager Mayor Published in the Prior Lake American on the _ day of ,1997. Drafted By: Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 1:\96filcs\96subdiv\prcplat\windstar\ord97xx.doc PAGE 2