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HomeMy WebLinkAbout99-07 CITY OF PRIOR LAKE ORDINANCE NO. 99-07 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. 6. This item was tabled until July 6, 1999, so that a full council could be present to vote on the issue. SECTION 2. FINDINGS The City Council finds the following: 1. The R-1 and R-2 zoning districts are consistent with the R-UMD (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-1 and R-2 districts. 5. The location of the R-1 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-1 (Low Density Residential). 162b'll9f!~~'fe~r".r~l{~J~~~.,~xMt'6r Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / FaxPtmZ) 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 of the Northwest 1/4, of Section 12, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at the northeast corner 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 of 314.97 feet; thence S16000'35"E a distance of 904.29 feet; thence S46033'19"W a distance of 769.60 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 of the 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 of 2615.37 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 of the 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 corner of said Northwest 1/4; thence S89027'21"E, along the north line of said Northwest 1/4, a distance of 243.25 feet; thence S16023'55"E a distance of 249.70 feet; thence S34017'20" E a distance of 200.27 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 of 838.70 feet; thence S39018'53" W a distance of 234.31 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 of 314.97 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 6th day of July, 1999. 1 :\99files\99rezone\99-O 14\ord99xx3 .doc Page 2 ~ W~L~- latf. ~.r- ~'"L M,lYor Published in the Prior Lake American on July 10, 1999. Drafted by: City of Prior Lake Planning Department 16200 Eagle Creek Ave. Prior Lake, MN. 55372 1:\99files\99rezone\99-Q14\ord99xx3.doc Page 3 ~1\iliI:~~OP:PRIOR I;AKE, . :~;r'110RDIN'ANCE'NO.'99-07 .!i' ANi ORDINANCB!!AMBN~ING SBC'IlON(UOt700.0P,PRIoR, LA!Ol CITh'~COl>E:lANPi!ff:HB oFRICIAL 'ZONING"-MAP;FOR TIlE CI'I'Y.,OF PRIOR:LA!Ol'''',,:,- o,o, , The City Council of the City of Prior I.,ake does he~Y ~1'fIain: . . ",' '. ;::i:!SBCTIq",/l':~A~G~OUND,,' it',l . "~t~ PlanmngCoI1llll1SSlODCOnducted public h~ari,ngso,,1the JlIopos.ed;;zone: change on April 26,~I999, and onMay 10," " 1999, forthoseinteteStedin this request to present their views,', , '" ,,' '. '.. On May 10, 1999; the Planning, Commission recommenlled approval of tIlerezoningoftheproperty to the R-I and R,2 districts. .' ..' . : On May 17,',1999, the ,City Council consillered the application to rezone l!rls property to. the R-I (Low Den~lty Residentia1land R-2. (Low to Medium Density, Residential) districL The City. Council denied the request on a motio'1 of '2-2... . I On lune 7,1999, the City Council voted to suspenll the rules and reconsill~ this rezoning... The Council voted 4-1 In fayor Ofrezol)illg, the property to the R-I anll R-2 district. and to reduce theo,amount o,{; tb.'eproposell'?R;2 "district hy approximately,10.acrea. .: <" ,..,,' The Council then directed staff to prepareanord~n!~~ forconsideratio~ on lUlle 21' 199~"" ,., Thi; item 'waStabled until luly 6, '1999, sothOtafull councileouldhe present to vote on the issue. , .:' "SBCTION2. FINDINGS , The City Council finlls the following: ~" The R-llUld.R-2 zoning districts are Consistent with. the R-UMD (Low to MediumI><:nsity,~idential)designation 'on the Cppi~ive.PIan. o" .:'. . l""ThiS,propettyo,1S located Wlthin the City's MUSA boundary and sewer and water services. are; available ~serve, the' development. ,', . ,," '; The proposed R-2 district p~vid!" an ~IINoI\l1~o/~;~S~~27'21"B;., 81ongthenorth lineof8ll1d Northwest 114, a distance,ot 21\,3,,:2S; feet; thence Sl6tl23'5SrB'.'distanceof 249.70 feet; 'thence S;W17'20"ll&<liatanceof200.27 ,'feet. theDc>> SI7_29'.cl4:B'adistanceof : "thenceS3~'22"BadislanA;e I .77~feet; thOiICeo,o, S17_I6'23"Wa distanc.J7o,6.S'\!"feet;' thence '33"W distance of 838.70 feet; . 'thence, 3~WadiSl8llCOof234.31 . ':'_~~'~_. S7Sd3S:1ll'\Wiadlstance of ....".,.... Ul~ ""., "'/ 6.JV\'3S.W' 1602:70 {eet;',thence"NI """'. .,a i .:lIiBtance '~of:~; 9Q;'1;29 'f~tFdhencel ','~~6'SS"B'a cllJlaI1CO of.314.97 feet;. J "~N.10t1S2' S2"B adistanceof 445.00 feet;.theIIce'N03!142'16"Ba distance ~f I SIO.oo.feet to the north line of,md , Northeastl/4oftheNorthwestl/4;thence S89!149'16"B;alongSaidnorth,line,' ofth~ Northeast'1/4 of: the Northwest 1/4, a diSlanceO,f 668'00 feet to"thepolnt of i;beginning.~I",I" "DATEi i:~I,l'SBCJ'IPIi;4.~, 'th : ~:,j'i:;;3l'1ii.I~~.~shall ~effect' _e . 'dAy'8fteithidale'ofpubUC8\ioIL' ".., .. : I I., ~hytheCityCounciloftheCity , of Prior Lake this 6th \lay of1uly, 1999. , Frank Boyles' ' City Manager , Wesley M. Mallet: Mayor . . (Puhlished in the Prior Lake AmeriCan on Saturday,luly 10, 1999; No. 7048) Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Scott ) Stan Rolfsrud, being duly sworn, on oath says that he is the publisher or the authorized agent of the publisher of the newspapers known as the Shakopee Valley News, Jordan Independent. 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. (8) The printed public notice that is attached to this Affidavit and identified as No. ?.t?o/'V was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as pan of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower se alphabet from A to Z. both inclusive. and is hereby acknowledged as being the kind and si ftype used in the compos' . and publication of the Notice: abcdefghijklmnopqrstuvw Stan Rolfsrud, General Manager or his designated agent Subscribed and sworn before me on ...y~..,. b. ,... ,f5::/?i~e7 ~'~."4>N "",,"",Ii}, ~i!'Th'"'' GWEN M RADUENZ ~,~""~'. ',,; NOTARY PUBllc-MINNESO'TA ~ MV COMMISSION EXPIRES '.31-<)0 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $11.50 per column inch Maximum rate allowed by law for the above matter................................. $1] .50 per column inch Rate actually charged for the above matter................,.."......................... $8.78 per column inch