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HomeMy WebLinkAbout21-118RESOLUTION 21-118 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA SUNDANCE LAKEVILLE 2040 COMPRHENSIVE PLAN AMENDMENT WHEREAS, on September 7, 2021, the Lakeville City Council met at its regularly scheduled meeting to consider the application of Timberland Partners, Inc. for an amendment of the 2040 Land Use Plan map of the 2040 Lakeville Comprehensive Plan in conjunction with the Sundance Lakeville development; and, WHEREAS, the property is guided for Commercial, Medium Density Residential, and Low -to -Medium Density Residential land uses by the 2040 Comprehensive Plan; the applicant has applied for an amendment to the 2040 Land Use Plan to change the guided land uses to Corridor Mixed Use and Low -to -Medium Density Residential; and, WHEREAS, the proposed Comprehensive Plan amendment has been submitted to adjacent governmental jurisdictions and the affected school district; comments were received from the City of Burnsville and Dakota County and are incorporated herein by reference; and, WHEREAS, the 2040 Comprehensive Plan provides that the City Council shall consider possible effects of the proposed amendment with its judgment to be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Finding: Interpretation of the 2040 Comprehensive Plan and decisions related to proposed amendments thereof are a policy matter to be determined by the City Council. The 2040 Lakeville Comprehensive Plan includes the policy that the City will "amend established land use designations and related zoning classifications that reflect Lakeville's long-term interest only when such action is consistent with the goals and policies of the 2040 Comprehensive Plan". The application to amend the 2040 Comprehensive Plan is not consistent with the following goals of the Comprehensive Plan: • Attracting, retaining, and expanding business and industry is a priority for providing employment opportunities and diversification of Lakeville's tax base. 1 • Commercial uses shall be developed in concentrated market centers oriented to major transportation corridors and intersections to promote sustainable business activity responsive to Lakeville's needs and surrounding market area. 2. The proposed use is or will be compatible with present and future land uses of the area. Finding: The subject site is at the west edge of the 1-35 and CSAH 46 interchange surrounded by existing and planned commercial uses and existing single family residential land uses to the north and west. The proposed land use would be compatible with surrounding existing and planned land uses in the area. 3. The proposed use conforms to all performance standards contained in the Zoning Ordinance and the City Code. Finding: The land uses and improvements illustrated on the sketch plan will be required to comply with the requirements of the Zoning Ordinance, Subdivision Ordinance, and City Code to be evaluated as part of necessary applications to develop the property. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Finding: The subject site is within the MUSA. A condition of subdivision approval will be that the use can be accommodated within existing public service capacity or the development will be deemed premature in accordance with the provisions of the Subdivision Ordinance. S. Traffic generated by the proposed use is within capabilities of streets serving the property. Finding: The subject site is accessed by 162nd Street (CSAH 46), designated as an A -Minor Arterial street, via Buck Hill Road, a major collector street, and Kendale Drive, a local street. The streets accessing the property have adequate capacity to accommodate traffic generated by the proposed use with access to be constructed in accordance with the provisions of the Zoning Ordinance. WHEREAS, the legal description of the property is: That part of the West 722.00 feet of the Northeast Quarter of the Northwest Quarter of Section 1, Township 114, Range 21, Dakota County, Minnesota, lying Northerly of Dakota County Right of Way Map no. 145, according to the recorded map thereof, Dakota County, Minnesota except that part lying Westerly, Southwesterly and Westerly of the following described line: 2 Commencing at the Northeast corner of said Northeast Quarter of the Northwest Quarter, thence North 89 degrees 45 minutes 28 seconds West, an assumed bearing along the North line of the Northeast Quarter of the Northwest Quarter of said Section 1, a distance of 1064.56 feet to the point of beginning of the line to be described; thence South 00 degrees 45 minutes 50 seconds West, a distance of 385.50 feet, thence Southeasterly along a non-tangential curve concave to the Southwest, having a radius of 140.00 feet, a included angle of 75 degrees 03 minutes 19 seconds, an arc length of 183.39 feet and a chord bearing of South 36 degrees 12 minutes 31 seconds East; thence South 01 degrees 19 minutes 08 seconds West, tangent to last described curve, a distance of 307.15 feet to the Northerly line of said Dakota County Right of Way Map No. 145 and there terminating. AND That part of the Northeast Quarter of the Northwest Quarter of Section 1, Township 114, Range 21, Dakota County, Minnesota lying Northerly and Northwesterly of Dakota County Right of Way Map No. 145, according to the recorded map thereof, Dakota County, Minnesota, and Easterly of the West 722.00 feet of said Northeast Quarter of the Northwest Quarter, according to the United States Government Survey thereof and situate in Dakota County, Minnesota. WHEREAS, The Planning Commission conducted a public hearing on the application, preceded by published and mailed notice, where the applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak, closed the public hearing, and voted to recommend the City Council approve the request. NOW THEREFORE BE IT RESOLVED THAT the City Council denies the application of Timberland Partners, Inc. to amend the 2040 Comprehensive Plan based on the forgoing information and findings. ADOPTED by the Lakeville City Council this 20th day of September 2021. ATTEST: CITY OF LAKEVILLE Charlene Friedges, City�ZFk �• •Anderson,Mayor