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HomeMy WebLinkAbout7A - Knob Hill North ./ STAFF AGENDA REPORT AGENDA #: PREPARED BY: SUBJECT: 7A JANE KANSIER, PLANNING COORDINATOR CONSIDER APPROVAL OF ORDINANCE #97-XX APPROVING A ZONE CHANGE FROM THE C-1 (CONSERVATION DISTRICT) TO THE R-1 (SUBURBAN RESIDENTIAL) DISTRICT FOR "KNOB HILL NORTH" MARCH 17, 1997 DATE: INTRODUCTION: The purpose of this agenda item is to consider adoption of Ordinance 97 -XX approving a zone change from the C-1 (Conservation District) to the R-1 (Suburban Residential) District for property located directly south of County Road 42, about 1/8 mile east of Pike Lake Trail and formerly known as the Twiss property. On March 3, 1997, the Council approved the preliminary plat of Knob Hill North for this property. Rezoning was not accomplished at that meeting as it requires four votes. The preliminary plat consists of 17.01 acres to be subdivided into 27 lots for single family dwellings. A portion of this site is presently zoned C-1 (Conservation). The applicants are requesting this zone change in order to develop the property. DISCUSSION: The Planning Commission held a public hearing to review this zone change on January 27, 1997. Attached to this report are the minutes to the Planning Commission meeting. ISSUES: The Planning Commission felt the requested zone change to the R-1 district was appropriate for this site. The Planning Commission unanimously voted to recommend approval of the zone change from C-1 to R-1, citing that times and conditions have changed, the original zoning is erroneous, and that the rezoning is consistent with the Comprehensive Land Use Plan. 1:\97files\97subdiv\preplat\knobnort\knobcc2.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: 1. Adopt Ordinance #97 -xx amending the designated zoning district from the C-1 district to the R-1 district, 2. Defer consideration of this item for specific reasons. 3. Deny the rezoning request and thus find the preliminary plat inconsistent with the purpose and intent of the Zoning and Subdivision Ordinances and/or the Comprehensive Plan and deny the request. RECOMMENDATION: Alternative #1. ACTION REQUIRED: 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. EXHIBITS: A. Ordinance 97-XX B. Minutes of January 27, 97, Planning Commission Meeting 1:\97files\97subdiv\preplat\knobnort\knobcc2.doc Page 2 futJ~ 'MCt CoM",,~~oN HIN....ts\ 'la7,,' v onhof - Agr ed with amendments deleting 8. As far the sidewalks go, it is a traffic safety issue. ere should be sidewalks. Require to extend the right-of-way to 55 feet and add a sidew on one side. EXHIBIT B Stamson - Agreed .th Criego, space problem with the south side ofprope for sidewalks and also right-of-way is not wide enough. It will create p. lems with homes 20 feet away. affic is not an issue. Given the way the Ord' ce is written and _ '_ "_ _ ___..I 1:'__ _ _:..1_..._11, had concerns with conditions 5, 9 and 11. He had no problem with dedicating the park land as part of the plat, but if the City is not going to give them credit for the remainder of Outlot C, they will not dedicate to the City and only give what is required. He would also like to reword condition 15 in regard to developing in conjunction with Maple Hills Second Addition. Tom Jarzyna 14159 Rolling Oaks Circle, understands the need for growth but feels this land is worth saving. Turning it into one big park would better serve Prior Lake. He feels there are 150 different species of trees in the area. Prior Lake's best interest is to keep the area a conservation district. The percolation test indicated 3 springs on the wetland area. Once the City loses this ecosystem they will not get it back. Kevin Nolin, who recently purchased a lot in the Maple Hill development, agreed with Mr. Jaryzna to conserve the area. Tim Smith, 14100 Rolling Oaks Circle, was present when the surveyor was taking the tree survey. There are significant trees as well as wildlife in the area. The previous owner built paths through the area. It is a beautiful area. He does not mind development but urged the Commissioners to see the land. It would be nice to have the park south of the development have access to these woods. The zoning should not be changed. The meeting was closed at 9: 19 p.m. Comments from the Commissioners: V onhof: . Supported zoning from C I to RI which is consistent with the Comp Plan. . The preliminary plat does not see any significant impact with the wetland. . Not opposed to the flag lots. . Any violation for driveway entrances? Kansier responded both lots would share one driveway with an easement and then fork off to the respected lots. . The hard'ship has been met with the variance. Stamson: . Question related to the Tree Ordinance - Kansier explained the ordinance. . Agreed with the zoning change. . Blue Bird Trail will temporary connect through the Maple Hills Second Addition. . No credit for park dedication for Outlot. . Given the uniqueness of the property the flag lots have hardships for a variance. Agreed to a double driveway vs. a single. Kuykendall: . Support the changes in zoning and flag lots as well. . There should be two separate driveways. Kansier responded snow removal could be a big problem. . Generally supported the proposal. MNOI2797.DOC PAGE 7 Criego: . The area was zoned Cl for a reason. Sympathized with neighbors. It is a beautiful nature center. The fact is, the City does not own it. . The developer was asked how he would perceive this natural area. . Graser responded it was hard to answer. The ordinance has forced him to develop this way. The engineer says he cannot grade more than 8%, the water has to flow to the front, side or rear into a N.U.R.P. pond. . Another way to go would be a PUD and conserve more natural area. . Graser said he has to develop to the fullest. The City does not reduce the impact fees. . Concern about the location north of the site. A lot of natural beauty could be taken out of the site. . Sidewalk stops at Outlot C. Kansier responded City Council said sidewalks should be on collector streets. Hummingbird Trail is not a collector street. . Grasersaid they met with staff and concluded to add the sidewalk where staff directed it. There will be a connection to the park. V onhof: . No comments Kuykendall: . Excellent job done by the developer. . A collector street is definitely needed. . Wonders if the land would be better developed under a PUD. By using that approach one would save and conserve more land. Feels uncomfortable not seeing the land this time of year. . Someone had the wisdom 25 years ago to conserve the area. . Understands the developer's concern. Criego: . On the surface it should be Rl, agreed with the flag lots and the conditions by staff. . Are we dealing with a precious piece of property? . Rye commented on his perception of the C 1 district. It is obsolete, the application is confusing. The original purposes was admirable but has been superseded by new laws. . The rules and regulations are being met. Is the City doing what the ordinance states? Brian Crystal, from Pioneer Engineering, felt the majority of caliper trees are 6 to 8 inches and the land was probably designated a Cl district because of the wetlands. Kuykendall: . The City does not have the means to pay for this property. The owners have paid taxes and the developers have come forward and are following the rules. MNOJ2797.DOC PAGES --~--- .._--~- .--.__.._~. --~- . . ~ ~ ~ MOTION BY KUYKENDALL, SECOND BY VONHOF, TO RECOMMEND TO CITY COUNCIL TO APPROVE THE ZONING CHANGE FROM C1 TO Rl. Vote signified ayes by all. MOTION CARRIED. MOTION BY VONHOF, SECOND BY KUYKENDALL, TO APPROVE RESOLUTION 97-04PC GRANTING A 66 FOOT VARIANCE TO PERMIT A 20 FOOT LOT WIDTH AT THE FRONT BUILDING LINE FOR LOTS 7 AND 8, BLOCK 5, KNOB HILL NORTH. Vote taken signified ayes by all. MOTION CARRIED. AMENDMENT MOTION BY VONHOF, SECOND BY KUYKENDALL, TO RESOLUTION 97-04PC TO REMOVE THE CONDITION TO REQUIRE A SHARED DRIVEWAY. Vote taken signified ayes by all. MOTION CARRIED. Discussion: Kuykendall- Include sidewalks, at least on one side of the whole development. Any time you have an automobile and a pedestrian you cannot share the space. Criego-In this particular case, it makes common sense for a sidewalk to come in from the south of the project as well as the north. Recommendation by Commissioner Kuykendall to guide staff in working with the developer to the south, so when the development is platted sidewalks, will be continued. Staffpointed out the preliminary plat approval for Knob Hill (the plat to the south) did not require sidewalks where the Commission suggested. Stamson recommended Item 14 (regarding dedicated right-of-way) be substituted with a resolution of encroachment so the City does not end up owning part of the swimming pool. Criego agreed with Kuykendall on the extension of the sidewalk to Lots l, 2, 4 and 5 to the west of the current plat. Also staff should guide the developer and have sidewalks on the entire length of Hummingbird Trail. The applicant had asked for leeway on the tree preservation and the proper way is to come forward with a variance. Agreed with staff on that subject. #13 of the Resolution should be dedicated to the City as park on the final plat. Redefine item #15 so it does not provide confusion in the future. The N.U.R.P. pond on lots 7 & 8 are an extension of the wetlands. Not sure the tree preservation is right for the area. Graser stated the impact would be less in that particular area. MN012797.00C PAGE 9 -9 MOTION BY CRIEGO, SECOND BY STAMSON, TO ADOPT RESOLUTION 97- 05PC AND RECOMMEND TO CITY COUNCIL THE APPROVAL OF THE PRELIMINARY PLAT OF KNOB HILL NORTH AND ALL THE 16 CONDITIONS LISTED WITH CORRECTING ITEM #14 TO DELETE, OR BE AS DEDICATED AS ROW; REDEFINE ITEM #15 TO PROVIDE ACCESS FROM CARRIAGE HILLS; DELETE ITEM #10 AND INDICATE THE SIDEWALK FOLLOW THE ENTIRE SOUTH SIDE OF HUMMINGBIRD TRAIL; AND #ll A REVISED TREE PRESERVATION SHOWING THE REVISIONS AS OUTLINED IN THE REPORT. Vote taken signified ayes by all. MOTION CARRIED. The plat will go to the March 3, 1997, City Council meeting. The hearing was open at 10: p.m. Planner Jenni Tovar presented t equest for a Conditional Use Permit and Conditional Sign isposal. C. Case #96-127 Permit for Buckingha In June of 1995, City staffbecam aware Buckingham Disposal. c. had begun operations at its present facility at 80 Rainbow Parkway. fIrm had not obtained a certificate of occupancy. In evaluati the business, the PI ng Department concluded the use which Buckingham was makin fthe site was no ermitted in the 1-2 zoning district. Buckingham appealed the decisi s, and their eal was upheld. The ordinance amendment was rev' ed and approved b the Planning Commission on December 11, 1995. The item w. tabled at the December 8, 1995 City Council meeting, and documentation i lcating the ordinance was p ed is not available. However, based on recollec ns and actions of city staff to peed with the Conditional Use application for Buc . gham, it is presumed the ordinance adopted. Staff is bringing the ordinance endment to the City Council on F ebru 3, 1997 for review again. The amend t will then be published, and the record will e very clear of the ordinance amen nt. In order to not delay Buckingham in their C application, staff is proceeding both items simultaneously. endment to the Zoning Ordinance uckingham's as a conditional use in ty had been processing a license ed of the City's proposed action, preparation of the Ordinance Staff was directed by the City Council to pre e which would explicitly permit recycling uses r the 1-2 zoning district. At the same time, Scott application for Buckingham. The County w info and the facility would be allowed to opera during revision so that the license application Id proceed. t met with Tovar shortly before the meeting and proposed c ges for the drivew acceptable to staff. They also proposed moving the outdoor stor e area to the perty and screen the area. Applicants plan to close off the loading d ks and closing off all vehicular access to the area. MNOI2797.DOC PAGEIO