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HomeMy WebLinkAbout113-06 CR 42 Interim Ord Parcel Removal 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 113-06 AN ORDINANCE OF THE CITY OF PRIOR LAKE, MINNESOTA, AMENDING ORDINANCE NO. 113-05 BY REMOVING PARCELS FROM THE SCOPE OF ORDINANCE NO. 113-05. The City Council of the City of Prior Lake, Minnesota, hereby ordains: Section 1. Purpose. The City of Prior Lake (“City”) has adopted Ordinance No. 113-05 (“Interim Ordinance”) related to property along County Highway 42, which has been guided for a mix of residential, commercial and industrial uses. The City further identified a Study Area as identified in Exhibit A. In the Interim Ordinance, the City Council found that the City’s current Comprehensive Plan, zoning and subdivision regulations do not adequately address the development and subdivision of property along County Highway 42 in the City of Prior Lake due to changes within the City and on Highway 42 that were not anticipated by the City including, but not limited to:  Acquisition of Pike Lake Park by the City.  Construction and opening of CR 21.  Acquisition of land by the Shakopee Mdewakanton Sioux Community, including the YMCA property (80 acres) and North Berens Drive property (75 acres).  Completion of a SCALE Commercial / Industrial Corridor Study including CR 42 in Prior Lake.  Preliminary platting and plat expiration of Summit Preserve.  Development of the Shepherds Path property.  Dramatic and perhaps permanent reduction in development activity in the residential, commercial and industrial sectors locally, regionally, and nationally. In the Interim Ordinance, the City Council found that the City must conduct a study to determine what amendments to the Comprehensive Plan and the City Code will be required to deal effectively with such development and subdivision. This study will include analysis and master planning for the County Highway 42 corridor, analysis of commercial and industrial property within the Study Area, analysis of land use and access control for the Highway 42 corridor, research of ordinances and land use in other jurisdictions, review of relevant studies and a legal analysis of applicable case law. Upon completion of the study, potential Comprehensive Plan and ordinance amendments would be reviewed by the Planning Commission and City Council. The City Council concluded that the public health, safety and welfare and sound planning require that a moratorium be imposed on the approval of any permits for development or subdivision of property within the Study Area during the pendency of the study and the various public hearings preceding possible adoption amendments to the Comprehensive Plan, and zoning and subdivision regulations. Section 2. Authorization. Pursuant to Minn. Stat. § 462.355, subd. 4, the City was authorized to adopt interim ordinances to regulate, restrict, or prohibit any use or development in all or part of the City, for a period of one year (subject to exceptions as stated in Section 462.355), while the City is conducting studies, or has authorized a study to be conducted, or has scheduled a hearing to consider adoption or amendment of official controls, including ordinances, regulating physical development of the City. Ordinance No. 113-05 established a moratorium period of six (6) months. Section 3. Study. Pursuant to this Interim Ordinance and as approved by separate Resolution No. 13-027, the City has determined to conduct a study to determine what amendments to the Comprehensive Plan and City Code will be required to deal effectively with the development and subdivision of property along County Highway 42 in the City of Prior Lake that is identified in Exhibit A due to the unanticipated changes in the City. This study will include analysis and master planning for the Highway 42 corridor, analysis of commercial and industrial property within the City and along County Highway 42, analysis of land use and access control for the Highway 42 corridor, research of ordinances and land use in other jurisdictions, review of relevant studies and a legal analysis of applicable case law and will develop recommendations as to appropriate Comprehensive Plan and ordinance amendments, if any, that are required in the interest of the public safety and welfare. Reasons for the removal of Outlots B, C and D, Jeffers Pond First Addition, and Section 4. Shepherds Path Addition. The Council finds it appropriate to remove Outlots B, C and D, Jeffers Pond First Addition, and Shepherds Path Addition from the scope of Ordinance No. 113-05 for the following reasons:  Outlots B, C and D of Jeffers Pond First Addition, and Shepherds Path Addition were approved for commercial and multi-family residential development within the Final PUD.  Outlots B, C, and D of Jeffers Pond First Addition, and Shepherds Path Addition were approved by Preliminary Plat duly adopted for commercial and multi-family residential development .  Outlots B, C and D of Jeffers Pond First Addition, and Shepherds Path Addition were approved by Final Plats duly adopted and recorded in Scott County.  Local streets and utilities have been constructed to serve these properties referred to above.  The access to/from CSAH 42 to Outlots B, C and D of Jeffers Pond First Addition, and Shepherds Path Addition are provided at a constructed ¾ or full intersection at CSAH 42 as permanent access points approved by Scott County.  Outlots B, C and D are currently being marketed for sale by a brokerage firm, and Shepherds Path is currently being marketed for sale or lease.  Jeffers Pond First Addition and Shepherds Path Addition, in reliance on their respective PUD’s, have significant development and improvements constructed and in use and operation.  Jeffers Pond First Addition and Shepherds Path Addition have dedicated significant property to the public as part of their respective Final Plats. 2 Section 5. Amendment of Ordinance No. 113-05. Ordinance No. 113-05 is amended by removing Outlots B, C, and D of Jeffers Pond First Addition, and Shepherds Path Addition from the scope of Ordinance No. 113-05 including Section 5 and Exhibit A attached thereto. Exhibit A of Ordinance No. 113-05 is hereby amended and replaced in its entirety by the attached Amended Exhibit A. Section 6. Effective Date. This Ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 25th Day of March, 2013. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kenneth L. Hedberg, Mayor Published in the Prior Lake American on the 30th day of March, 2013. 3 ded by removing OuUots B, C, and D of Jeffers Pond First Shepherds Path Addition from the scope of Ordinance No. ►g Section 5 and Exhibit A attached thereto. Exhibit A of ,113-05 is hereby amended and replaced in its entirety by mended Exhibit A. Effective Date. This Ordinance shall become effective its passage and publication. the City Council of the City of Prior Lake this 25th Day of City Manager dberg, Mayor Scott County, MN Affidavit of Publication "�°"' Southwest Newspapers ° State of Minnesota) )SS. -� County of Scott ) Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Shakopee Valley News, Jordan Indepen- -" dent, Prior Lake American and Savage Pacer, and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. `°"" (B) The printed public notice that is attached to this Affidavit and identified as No. � 4 �� was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. 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