Loading...
HomeMy WebLinkAboutItem 06 PromontoryCity of Lakeville Planning Department Memorandum To: Planning Commission From: Kris Jenson, Associate Planner Date: June 28, 2023 Subject: Packet Material for the July 6, 2023 Planning Commission Meeting Agenda Item: Comprehensive Plan amendment to bring approximately 83 acres of land into the current Municipal Urban Service Area (MUSA) Action Deadline: July 25, 2023 BACKGROUND Tradition Development Corp. has applied for a comprehensive plan amendment (CPA) to bring two parcels, totaling 28 acres into the current Municipal Urban Service Area (MUSA). Planning staff reviewed the application and opted to include three additional parcels south of 185th Street as part of the request, for a total of approximately 83 acres over five parcels. The parcels included in the proposed amendment are located south of 185th Street (CSAH 60) and east of Judicial Avenue. EXHIBITS A. Aerial Location Map B. Zoning Map C. Comprehensive Plan Amendment Map D. Property Owners Map PLANNING A NALYSIS The Comprehensive Plan’s 2040 MUSA Staging Plan shows the five parcels as part of Expansion Area “B”, which is for areas to be brought into the MUSA from 2029 – 2038 (Exhibit C). Earlier this year, Tradition Development submitted a sketch plan application and site layout for a single-family home development on two parcels south of 185th Street. 2 Comments on the site layout were provided by City Staff, including that the site was not located within the MUSA and that a comprehensive plan amendment would be required to bring the property into the MUSA before a preliminary plat application could be submitted. Engineering staff confirmed that a sanitary sewer line was located at the northeast corner of the site and included a stub intended to serve the two Tradition-owned parcels as well as the parcel to the west, which is adjacent to Judicial Road. The sketch plan layout was also shared with the Dakota County Plat Commission, who reviewed the sketch plan and provided informal comments about possible access to the site from 185th Street, as the site does not meet the access spacing guidelines established by Dakota County for a full access on 185th Street. After Tradition Development submitted the CPA application for the two parcels they own, Planning staff made the decision to include all five of the parcels south of 185th Street between Judicial Road and the backwaters of Lake Marion as part of the amendment. This decision was based on several factors, including the availability of sanitary sewer service to all five of the parcels as well as their residential zoning designation of RST-2, Single and Two-Family Residential District (Exhibit B). The parcels located south of the five parcels are zoned either RA, Rural Agricultural District or P/OS, Public/Open Space for Ritter Farm Park. The five parcels zoned RST-2 also have the Rural Agricultural Overlay District (RAO) in place over the parcels as they have a residential zoning district but are not within the MUSA. This allows the parcels to follow zoning district requirements similar to the RA, Rural/Agricultural District until such time that they are brought into the MUSA. On May 31, 2023, notice of the proposed CPA was sent to the adjacent and affected jurisdictions, as required by the Metropolitan Council. Those jurisdictions have 60 days in which to respond and, if desired, provide comment. As of the date of this report, seven of those jurisdictions have responded, each stating they have no comment. Should the City Council approve the CPA, the Metropolitan Council will not begin their review of the CPA until the 60 days has passed or all of the jurisdictions have responded, whichever comes first. The 60-day deadline for comments from adjacent and affected jurisdictions is July 30, 2023. On June 7, 2023, letters were sent to the owners of the three additional parcels that Planning Staff included in the CPA, informing them of the proposed action (see Exhibit D). Nanci Stoddard, the owner of the parcel immediately east of the parcels owned by Tradition Development, contacted Planning Staff on June 14, 2023 to indicate that she did not support the application to bring her property into the MUSA. Ms. Stoddard and her husband keep horses on their property and would like to retain the RAO District on their parcel. She also indicated that she did not support bringing any of the parcels included with this application into the MUSA at this time. Sanitary sewer was extended to the south side of 185th Street (CSAH 60) in 2007, as part of a city project that was done in conjunction with Dakota County’s reconstruction of 185th Street, from I-35 to the west city boundary with Scott County. The sewer line runs 3 approximately 1,200 feet on the south side of 185th Street before crossing back to the north side of 185th Street to serve the Bellante subdivision. An 8” sanitary sewer service stub was installed at the manhole located at the northeast corner of the east parcel owned by Tradition Development, which is intended to serve that parcel and the parcels to the west to Judicial Road. While Planning staff supports all five parcels being brought into the MUSA, staff recognizes that at least one of the property owners is not in favor of this action. As such, the Planning Commission may consider a recommendation that is for less than all five parcels being brought into the MUSA. RECOMMENDATION Planning Department staff recommends approval of the Tradition Development Comprehensive Plan amendment. Findings of Fact for the Comprehensive Plan amendment are attached. Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 185TH ST (CSAH 60)LANSFORD PATHJ USTI CE W AY City of Lakeville Comprehensive Plan Amendment Location Map EXHIBIT AJUDICIAL RDSCOTT COUNTY 185TH ST (CSAH 60)LANSFORD PATHJ USTI CE W AY City of Lakeville Comprehensive Plan Amendment Zoning Map EXHIBIT BJUDICIAL RDSCOTT COUNTYRS-1 P/OSRA PUD RS-1 RST-2 P/OS RST-2 + RAO RST-2 + RAO Source: Esri, Maxar, Earthstar Geographics, and the GIS User CommunitySCOTT COUNTYURBAN RESERVE (NOT BEFORE 2038) URBAN RESERVE (NOT BEFORE 2038) EXPANSION AREA "B" (2029-2038) Area proposed to be brought into the MUSA CITY OF LAKEVILLE CURRENT MUSA 185TH ST (CSAH 60)JUDICIAL RDLANSFORD PATHJ USTI CE W AY LAFAYETTE WAY KNOLLWOOD CIRCity of Lakeville Comprehensive Plan Amendment MUSA Staging Plan EXHIBIT C Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 185TH ST (CSAH 60)LANSFORD PATHJ USTI CE W AY City of Lakeville Comprehensive Plan Amendment Property Owners Map EXHIBIT DCharles FosterLake MarionFoster LLCScott & NanciStoddardTradition RTH LLCTradition RTH LLCJUDICIAL RD 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA TRADITION DEVELOPMENT COMPREHENSIVE PLAN AMENDMENT FINDINGS OF FACT AND RECOMMENDATION On July 6, 2023, the Lakeville Planning Commission met at its regularly scheduled meeting to consider an application to amend the 2040 MUSA Staging Plan of the Comprehensive Plan to bring land into the current MUSA, located south of 185th Street and east of Judicial Road. The Planning Commission conducted a public hearing on the proposed amendment preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. FINDINGS OF FACT 1. Per the 2040 Comprehensive Plan, the subject properties are located in Planning District 7, which guides the subject properties for Low/Medium Density Residential. 2. The subject site is zoned RST-2, Single and Two-Family Residential District, and is subject to the RAO, Rural Agricultural Overlay District. 3. Legal description of the properties is included in Exhibit A. 4. The applicant is requesting an amendment to the 2040 Land Use Plan to bring approximately 83 acres into the Current Municipal Urban Service Area (MUSA). 5. The 2040 Lakeville Comprehensive Land Use Plan and Chapter 3 of the City of Lakeville Zoning Ordinance establish criteria by which the Planning Commission is to consider the applications. The criteria and our findings regarding them are: a. 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: Sanitary sewer service is available at the properties to provide sewer service. This is consistent with the Growth Management policy of the 2040 Lakeville Comprehensive Plan: • Promote development that expands Lakeville’s service delivery areas with infill development and contiguous MUSA expansion maximizing utilization of in-place utility and service investment. 2 b. The proposed use is or will be compatible with present and future land uses of the area. Finding: The subject site is surrounded by the following existing and planned land uses shown in the table below. The low-density residential land use proposed by Tradition Development will be compatible with existing and planned land uses surrounding their property and the subject site. Direction Land Use Plan Zoning Map Existing Use North Restricted Development, Medium Density Residential RS-1 District, PUD District 185th St., golf course, attached and detached townhomes East Low Density Residential, Water RS-1 District Single family home, Lake Marion South Parks, Rural Density Residential P/OS District, RA District Ritter Farm Park, Single family home West N/A (Scott County) N/A (Scott County) Judicial Road, Rural residential home c. The proposed use conforms to all performance standards contained in the Zoning Ordinance and the City Code. Finding: Any proposed development must comply with applicable provisions of the Zoning Ordinance, Subdivision Ordinance and City Code. d. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The trunk sanitary sewer line was extended to the subject property in 2007, in conjunction with the reconstruction of 185th Street and was intended to serve the five parcels south of 185th Street, between Judicial Road and Lake Marion. e. Traffic generated by the proposed use is within capabilities of streets serving the property. Finding: The subject site has access to 185th Street (CSAH 60). The Dakota County Plat Commission reviewed a sketch plan for the two parcels owned by Tradition Development, noting that a proposed ¾ access to the site from 185th Street would be allowed. 6. The report dated June 28, 2023 prepared by Kris Jenson, Associate Planner is incorporated herein. 3 RECOMMENDATION The Planning Commission recommends that the City Council approve the Comprehensive Plan Amendment conditioned upon compliance with the June 28, 2023 Planning Report prepared by Associate Planner Kris Jenson. DATED: July 6, 2023 LAKEVILLE PLANNING COMMISSION BY: ________________________ Jenna Majorowicz, Chair 4 EXHIBIT A The West 396.31 feet of the Northwest ¼ of the Southwest ¼ of Section 14, Township 114, Range 21, Dakota County, AND The East 429.41 feet of the West 825.72 feet of the Northwest Quarter of the Southwest ¼ of Section 14, Township 114, Range 21, Dakota County, AND The Northwest ¼ of the Southwest ¼ of Section 14, Township 114, Range 21, EXCEPT the West 825.72 feet thereof, Dakota County, AND The West 660.88 feet of Government Lot 4 in Section 14, Township 114, Range 21, Dakota County, Minnesota. AND All that part of the following: That part of Government Lot 4 lying easterly of the West 660.88 feet of said Government Lot 4; and that part of Government Lot 5 lying north of the easterly extension of the south line of Government Lot 4 as extended to the shoreline of Lake Marion; together with accretions and relictions thereto, if any, all in Section 14, Township 114, Range 21; lying northerly, westerly and southerly of the shoreline of Lake Marion. The shoreline of Lake Marion being approximately described as follows: Commencing at the northeast corner of said Government Lot 4; thence S. 0˚00’09” E., along the east line of said Govt Lot 4, a distance of 327.05 feet to the shoreline of Lake Marion; thence N. 72˚27’09” W., a distance of 178.17 feet; thence S. 26˚33’54” W., a distance of 67.08 feet; thence S. 38˚39’35” E., a distance of 192.09 feet; thence S. 18˚26’06” W., a distance of 221.36 feet; thence S. 69˚46’31” E., a distance of 404.97 feet; thence S. 56˚53’19” E., a distance of 274.59 feet; thence S. 20˚55’28” E., a distance of 364.01 feet; thence N. 86˚11’09” 75.17 feet; thence N. 34˚47’46” W., a distance of 359.24 feet; thence N. 61˚49’17” W., a distance of 317.65 feet; thence 81˚15’14” W., a distance of 131.53 feet; thence S. 15˚31’27” W, a distance of 93.41 feet; thence S. 51˚42’35” E., a distance of 242.07 feet; thence S. 6˚20’00” E., a distance of 225.99 feet to the easterly extension of the south line of said Government Lot 4 and there terminating.