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HomeMy WebLinkAboutItem 07December 3, 2010 Item No. DECEMBER 6, 2010 CITY COUNCIL MEETING NORDLING REZONING Proposed Action Staff recommends adoption of the following motion: Move to approve an ordinance rezoning property from RA, Rural /Agricultural District to A -P, Agricultural Preserve District as presented and adopt the findings of fact. Overview Richard Nordling, 7029 — 190 Street, is requesting approval to rezone approximately 44 acres of his 80 acre property from RA District to A -P District to allow him to enroll his property in the State of Minnesota Metropolitan Agricultural Preserves Program. Mr. Nordling's agricultural property includes a single family home and agriculture related outbuildings. The Planning Commission held a public hearing on November 18, 2010 and unanimously recommended approval of the rezoning. There was no public comment. Primary Issue to Consider • How will the rezoning affect the future planned extension of CSAH 60 across the Nordling property? Staff consulted with Dakota County regarding the future planned alignment of CSAH 60 between Cedar Avenue (CSAH 23) and Flagstaff Avenue in Farmington as identified on Dakota County's East -West Corridor Study. As a result, 44 acres of Mr. Nordling's 80 acre property is proposed to be rezoned to A -P, in order to avoid the planned CSAH 60 alignment across the northerly and easterly portions of the property. While the CSAH 60 construction is not planned for the near future, the construction of the roadway could be hindered if the County had to acquire right -of -way on property in the Agricultural Preserves Program. Supporting Information • Ordinance rezoning property from RA District to A -P District. • Findings of fact. • October 18, 2010 and draft November 18, 2010 Planning Commission meeting minutes. • November 10, 2010 planning report. Frank Dempsey, AICP, Associate Planner Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning Ordinances and Comprehensive Plan; Notes: ORDINANCE NO. CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING ORDINANCE NO. 867 BEING THE ZONING ORDINANCE OF THE CITY OF LAKEVILLE THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Ordinance No. 867 is hereby amended to rezone the following described property located within the City of Lakeville, Dakota County, Minnesota from RA, Rural /Agricultural District to A -P, Agricultural Preserve District: The south 1600.00 feet of the East Half of the Southwest Quarter of Section 15, Township 114 North, Range 20 West, Dakota County, Minnesota EXCEPTING the east 100.00 feet thereof. Section 2. The zoning map of the City of Lakeville shall not be republished to show the aforesaid rezoning, but the City Clerk shall appropriately mark the zoning map on file in the City Clerk's office for the purpose of indicating the rezoning, hereinabove shown thereon are hereby incorporated by reference and made a part of this Ordinance. Section 3. This ordinance shall be effecting upon its passage and publication. Adopted by the Lakeville City Council this 6 day of December, 2010. ATTEST: Charlene Friedges, City Clerk CITY OF LAKEVILLE BY: Holly Dahl, Mayor CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA NORDLING ZONING MAP AMENDMENT FINDINGS OF FACT On October 21 and November 18, 2010 the Lakeville Planning Commission met at it's regularly scheduled meetings to consider a Zoning Map amendment to rezone property from RA, Rural Agricultural District to A -P, Agricultural Preserve District to allow property owner Richard Nordling to enroll in the State of Minnesota Agricultural Preserves Program on property located at 7029 — 190 Street. The Planning Commission conducted a public hearing on the proposed Zoning Map amendment preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. The City Council hereby adopts the following findings of fact: 1. The property is currently zoned RA, Rural /Agricultural District. 2. The property is located in Planning District No. 12 of the 2008 Comprehensive Plan. The property is located within the Urban Reserve area of the Staged MUSA Expansion Areas Map, which does not anticipate urban development before 2020. Development within the Urban Reserve is restricted to rural uses, including farm uses. 3. The legal description of the portion of the property to be rezoned to AP District is: The south 1600.00 feet of the East Half of the Southwest Quarter of Section 15, Township 114 North, Range 20 West, Dakota County, Minnesota EXCEPTING the east 100.00 feet thereof. 4. Section 11 -3 -3E of the City of Lakeville Zoning Ordinance provides that a zoning amendment may not occur unless certain criteria and satisfied. 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. The proposed rezoning from RA District to A -P District is consistent with the land use and MUSA timing identified in the Comprehensive Plan and with the zoning and use of other properties in the Urban Reserve Area. The proposed rezoning is also consistent with the CSAH 60 east -west corridor as identified in the City of Lakeville and Dakota County Transportation Plans 1 b. The proposed use is or will be compatible with present and future land uses of the area. The existing farm use of the property will not change and will remain compatible with present and future land uses of the area. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. The farm use of the property will not change with the rezoning from RA District to A -P District. The property meets the minimum lot size requirements within the RA and A -P Districts d. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The subject property lies within the Urban Reserve Area of the Comprehensive Plan, which does not anticipate sanitary sewer service availability before 2020. The property is served with private sanitary sewer and water. The rezoning from RA District to A -P District will have no impact on the City's service capacity. e. Traffic generation by the proposed use is within capabilities of streets serving the property. The rezoning from RA District to A -P District will not impact the streets serving the property. 5. The planning report, dated November 10, 2010, prepared by Associate Planner Frank Dempsey is incorporated herein. DATED: December 6, 2010 2 CITY OF LAKEVILLE BY: Holly Dahl, Mayor BY: Charlene Friedges, City Clerk CITY OF LAKEVILLE Planning Commission Meeting Minutes November 18, 2010 The November 18, 2010 Planning Commission meeting was called to order by Vice Chair Lillehei in the City Hall Council Chambers at 6:00 p.m. Flag pledge and roll call of members: Present: Vice Chair Lillehei Secretary Adler Commissioner Glad Commissioner Maguire Ex- officio Bussler Absent: Chair Davis, Commissioner Drotning, Commissioner Grenz Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The October 21, 2010 Planning Commission meeting minutes were approved as presented. ITEM 4. ANNOUNCEMENTS: Mr. Morey stated that the following items were distributed to the Planning Commissioners at tonight's meeting: 1. E -mail from Sherry and Sam Hauck expressing their concerns regarding the Johnson conditional use permit (Agenda item #6). 2. Copy of a proposed driveway agreement between the applicant and Sherry and Sam Hauck (Agenda Item #6). Mr. Morey commented that under Staff Notices (Agenda Item #9) he will want to discuss the December Planning Commission meetings. ITEM 5. RICHARD NORDLING (TABLED AT THE OCTOBER 21, 2010 PLANNING COMMISSION MEETING) Vice Chair Lillehei opened the public hearing to consider the request of Richard Nordling for a Zoning Map amendment to rezone property from RA, Rural /Agricultural District to A -P, Agricultural Preserve District, located at 7029 - 190th Street. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Mr. Nordling presented an overview of his proposal. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that staff recommended tabling this agenda item at the October 21, 2010 Planning Commission meeting because staff needed additional time to further evaluate what impact bringing the property into the Agricultural Preserve District would have on the future construction of CSAH 60 east of Cedar Avenue as identified on Dakota County's East -West Corridor Study; He indicated that City staff and Dakota County staff recommend excluding the. east 100 feet of the property from the rezoning to allow the potential future road right -of -way to be centered on the east property line consistent with the alignment shown on the Dakota County and City of Lakeville transportation plans. Mr. Dempsey stated that Planning Department staff recommends approval of the rezoning of approximately 44 acres of Mr. Nordling's property from RA, Rural Agricultural District to A -P, Agricultural Preserve District, as presented, and adoption of the Findings of Fact dated November 18, 2010. Vice Chair Lillehei opened the hearing to the public for comment. Chuck Traxler, 7190 190th St. Planning Commission Meeting November 18, 2010 Page 2 Mr. Traxler supports Mr. Nordling's proposal. He feels Mr. Nordling should be able to do whatever he wants with his property and hopes the city approves his proposal. 10.53 Motion was made and seconded to close the public hearing at 6:10 p.m. Ayes: Glad, Maguire, Lillehei, Adler. Nays: 0 Vice Chair Lillehei asked for comments from the Planning Commission. Discussion points were: • Commissioner Glad expressed the Planning Commission's appreciation to the applicant for working with City staff and compromising to allow this rezoning to move forward. • Vice Chair Lillehei questioned if staff and the applicant discussed rezoning the portion of Mr. Nordling's property up to the future realignment of County Road 60. Mr. Dempsey indicated that this was discussed, but Mr. Nordling indicated that he wants to keep the rezoning square or rectangular in shape and is satisfied with the rezoning area as proposed. • Mr. Dempsey explained the process of how property can be removed from the agricultural preserves program. He clarified that the only requirement for property to be re -zoned A -P, Agricultural Preserve District is that it must be at least 40 acres in size. 10.54 Motion was made and seconded to recommend to City Council approval of the Richard Nordling rezoning of approximately 44 acres of his property from RA, Rural Agricultural District to A -P, Agricultural Preserve District, as presented, and adoption of the Findings of Fact dated November 18, 2010. Ayes: Maguire, Lillehei, Adler, Glad. Nays: 0 ITEM 6. TOVE JOHNSON Vice Chair Lillehei opened the public hearing to consider a Conditional Use Permit allow the following, located at 8229 --190th Street: C. Planning Commission Meeting November 18, 2010 Page 3 A commercial horse stable in the RA District. More than one horse per acre on a 10 acre lot. re than one detached accessory building with a combined area grea - than 8,712 square feet in the RA District. The Recording Secreta ttested that the legal notice had been duly published in accordance with State Statu' -. and City Code. Ms. Johnson presented an ove iew of her request, including background information on the property and her .. ns for the property. Ms. Johnson referred to Stipulation 10 in the planning report d indicated that the fire truck is now gone. Stipulation 10 also refers to a semi -trai • that shall be removed by December 31, 2010. She is requesting that this be allowed tay until the proposed pole barn is built as they are using the semi - trailer for the sh gs which will eventually be stored in the pole barn. Ms. Johnson stated that she met with Sherry Hauck and feels .. at they have come up with an agreement regarding the driveway concerns. Ms. Jo . n understands her neighbors' concerns and wants to be a good neighbor. She Indic d that a lot of time and effort has been put into her proposal and thanked the Tanning Commission for their consideration. Memorandum INTRODUCTION City of Lakeville Planning Department To Planning Commission From: V Frank Dempsey, AICP, Associate Planner Copy: Richard Nordling Date: November 10, 2010 Subject: Packet Material for the November 18, 2010 Planning Commission Meeting Agenda Item: Zoning Map Amendment Application Action Deadline: January 28, 2011 At the October 21, 2010 Planning Commission meeting, staff forwarded a request from the applicant Richard Nordling that the public hearing to consider the rezoning of his property from RA, Rural Agricultural District to A -P, Agricultural Preserve District be tabled to a future meeting to allow Mr. Nordling and staff to further discuss details regarding the City's and Dakota County's long range transportation plans and the affect of those plans on his property and the proposed rezoning. Staff has reviewed and discussed the proposed rezoning with Dakota County staff. Dakota County recommended modification to the area of the property to be rezoned so as to avoid future road right -of -way need for the CSAH 60 east -west corridor as shown on the City and County Transportation Plans. The proposed rezoning to A -P District includes approximately 44 acres of the 80 acre parent parcel. The other 36 acres would remain zoned RA District. If the rezoning is approved by the City Council, Mr. Nordling would submit an application to Dakota County and the Metropolitan Council to allow his property to be placed in the Agricultural Preserves Program as permitted by State of Minnesota Statute 473H, Metropolitan Agricultural Preserves. The subject property is 80 acres in area and is located at 7029 — 190 Street. The property includes a single family home and agriculture related outbuildings. EXHIBITS A. Location and Existing Zoning Map B. 2030 Land Use Plan and District 12 Maps (2 Pages) C. Aerial Photo (2 Pages) D. Proposed Zoning Plan Map with Existing Farmington Zoning and Future Roads STAFF ANALYSIS The purpose of the Minnesota Statute 473H Metropolitan Agricultural Preserves program is to encourage the use and improvement of agricultural lands. The statute is intended to provide an orderly means by which lands in the metropolitan area are given preferential tax advantages reflecting the long -term singular use of the property, unreasonable zoning restrictions, disruptive taking of farmland through eminent domain actions, and protection from the imposition of unnecessary special assessments. According to the statute, eligibility for the program ends when the comprehensive plan and zoning for the land have been amended so that the land is no longer planned and zoned for Tong -term agricultural use, evidenced by a residential density permitting more than one unit per 40 acres. When these changes to the comprehensive plan and zoning have been made, the authority (City) shall certify by resolution and appropriate maps which lands are no longer eligible and will be removed from the program after eight years following notification of expiration by the City or other governmental authority as allowed by state statute. Limitation on Certain Public Projects. Notwithstanding State Statute Chapter 429, Local Improvements and Special Assessments, construction projects for public sanitary sewer and water systems benefiting land or buildings in agricultural preserves is prohibited. Connections to City sanitary sewer or water systems is also prohibited. Any such improvements may not be assessed to the property if it is in the Agricultural Preserves Program. Protection for Normal Farm Practices. The Agricultural Preserves Program prohibits the City from enacting or enforcing ordinances or regulations within an agricultural preserve which would unreasonably restrict or regulate normal farm structures or farm practices unless there is an immediate and substantial threat to the public health and safety. The A -P District requirements of the Zoning Ordinance do not restrict the use of the Nordling property for farming activities. 2 Expiration of Status. Expiration may occur by initiation of the landowner by notifying the City on a form provided by the commissioner of agriculture under the rules provided by state statute. Expiration of status may also be initiated by the City in compliance with the required state process by amending the comprehensive plan and zoning map whereby the land is no longer guided and zoned for long term agricultural use. The notice of expiration shall describe the property for which expiration is desired and shall state the date of expiration which shall be at least eight years from the date of notice. Comprehensive Plan. The 2030 Land Use Plan designates the property as part of a special study area within the Cedar Avenue Corridor. This district, including the Nordling property, corresponds to the Urban Reserve area (not before 2020) designation on the Staged MUSA Expansion Areas Plan map. As stated in the 2008 Comprehensive Plan, the Urban Reserve shall be designated as a Special Study Area deferring decisions on future land use until the 2018 Comprehensive Plan update or if initiated sooner by the City. The 2008 Comprehensive Plan further states that parcels enrolled in the Agricultural Preserve Program in District 12 be allowed to continue agricultural land use with residential development densities limited to not more than one dwelling unit per 40 acres. The Nordling property would likely remain in the Agricultural Preserves Program for at least eight to ten years before urban land uses and zoning are assigned to the property with the 2018 Comprehensive Plan Update and subsequent Zoning Map amendments. Transportation Plans. The Dakota County, City of Lakeville and City of Farmington Transportation Plan Maps show a future CSAH 60 road extension between 185 Street and 195 Street crossing the north half of the Nordling property and heading south along the east property line. The rules of the Agricultural Preserves Statute could make timely acquisition of the future road right -of -way more difficult if the entire property were zoned A -P District. Mr. Nordling suggested restricting the southern portion of the property to the A -P District rezoning. Lakeville staff and Dakota County staff recommend excluding the east 100 feet of the property from the rezoning to allow the potential future road right -of -way to be centered on the east property line consistent with the alignment shown on the transportation plans. Comprehensive Sanitary Sewer Plans. There are no programmed sanitary sewer or water improvements identified within the area of the Nordling property. Lot Size. The minimum lot size for a parcel to qualify for the Agricultural Preserves Program and to meet the City's A -P, Agricultural Preserve District requirements is 40 acres. The portion of the property proposed to be rezoned to A -P District is approximately 44 acres. The property will meet both the RA District and A -P District requirements for lot area and width. 3 RA RA RS -3 RM -1 RM -2 Nordling Property Shore land Boundary 1, RA � a % P G A -L E -R Y D R E avisomi/k'/u■ gam mum C •3 P1OS AP RM -2 RM -1 ("PR' RA AP RA EXHIBIT A CO I11U0gOONO OOC Dakota County, MN EXHIBIT C Print Preview Dakota County, MN Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. 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