April 13, 2026, Public Hearing Variant #2026-010
Notices were sent to all adjacent property owners within 1/2 mile of the project
Rezoning, Preliminary Plat and Final Plat of
Open Sky Prairie
Request:
Nathan Hall, Associate Planner, is the project manager and is available for questions at 952-496-8892. |
General Information:
| Applicant: | Eric & Ashley Luce | Site Location: | SE ¼ of the NE ¼ |
| Property Owners: | Bradley Theis | Township: | Section 29, Belle Plaine |
Public Hearing Date: | April 13, 2026 | Action Deadline: | April 28, 2026 (60 Day) |
Zoning/Comprehensive Plan Information:
| Zoning District: | A-1, Agricultural Preservation District | Comprehensive Land Use Plan: | Agricultural Preservation Area |
| Overlay Zoning District: | None | School District: | Belle Plaine #716 |
| Watershed District: | Scott WMO | Fire District: | Belle Plaine |
| Ordinance Sections: | Chapters 2 & 27 | Ambulance District: | Ridgeview Ambulance |
Report Attachments:
- Site Location Map
- Aerial Photo
- Preliminary Plat
- Final Plat
- Environmental Services Department Memo dated March 12, 2026
- Natural Resources Department Memo dated March 17, 2026
Comprehensive Plan- The property is located within the 2040 Comprehensive Plan’s Agricultural Preservation Area.
Adjacent Land Use/Zoning- North – 40-acre farmstead parcel, zoned A-1
South – 80-acre agricultural parcel, zoned A-1
West – 40-acre agricultural parcel, zoned A-1
East – 160-acre farmstead parcel, zoned A-1
Existing Conditions- The parent parcel includes productive acreage along with drainage ditches, wetland areas, and a grain bin.
Ordinance Requirements- Density – 1 dwelling unit per 40 acres or quarter-quarter
Lot Size – The minimum lot size for a new single-family dwelling shall be one (1) acre of non-hydric land. Where independent sewage treatment systems are proposed, each lot shall demonstrate sufficient land area to accommodate two (2) independent sewage treatment systems.
Lot Width – 150 feet from the front setback line maintained to the primary building site.
Structure Setbacks:
Front Yard: 67 feet from Township road right-of-way
Side Yard: 30 feet
Rear Yard: 60 feet
Proposed Development- Density – 1 dwelling unit per 38.82 acres.
Lot Size – Proposed lot size is 16.45 acres.
Lot Width – The minimum lot width proposed is 568 feet
Setbacks – The proposed home location meets required road and property line setbacks.
Existing Roads- A field road in the roadway easement of 265th Street West provides access to the parcel from Hickory Boulevard.
Proposed Roads- No roadway improvements are proposed
Public Hearing Notice- Required public hearing notices were mailed to all adjacent property owners within ½ mile of the project.
Background/Zoning:
The applicants are requesting to subdivide an approximately 38.82 acre parcel located in Section 29 of Belle Plaine Township. The parent parcel is currently zoned Agricultural Preservation, A-1. The 2040 Comprehensive Plan guides this area of Belle Plaine Township for Agricultural Preservation, which allows parcels to rezone to the Agricultural Preservation Density (A-3) District. The A-3 District allows for a maximum density of one unit per 40 acres. The applicants are requesting the rezoning along with the proposed subdivision. By rezoning the existing property to A-3, the applicant can create a buildable lot, less than 40-acres in size. The remaining outlot can continue to be used for agricultural purposes.
In August of 2025, the Scott County Board of Adjustment granted the applicant a variance from the required 66 feet of lot frontage on a publicly maintained street to 33 feet of frontage on a public roadway easement. The variance approval allows for the creation of the proposed lot that has frontage on a public roadway easement, but the road is not publicly maintained.
Environmental Analysis:
Primary and alternate septic sites have been identified for the lot. The Scott County Environmental Services staff has reviewed the proposal for compliance with the Scott County Subsurface Sewage Treatment System Ordinance. County staff found that the information appears to meet the requirements of County Ordinance.
Natural Resources Analysis:
No grading is proposed as part of the proposed plat; the driveway and home grading will occur after driveway and building permit approval. It has been proposed less than 1 acre of land would be disturbed by future driveways and home sites, thereby eliminating the requirement to incorporate stormwater volume control practices in the design.
Wetland boundaries were delineated, and a Notice of Decision approved the application for concurrence of the wetland boundaries on 12/02/2025. County regulations require conservation easements over wetland buffer areas. These conservation easements will be required to be filed with the final plat.
The Scott County Natural Resources Department has reviewed the application and provided an attached memo, dated 3/17/2026. The Natural Resources Department review includes comments related to the vegetation and signage of the conservation easements. Any requirements of the Scott County Natural Resources Department have been placed as conditions of plat approval to be satisfied prior to County Board consideration.
Township Recommendation:
The Belle Plaine Township Board will review the request at their April meeting. A copy of the Board’s recommendation will be provided at the public hearing.
Staff Recommendation:
Based on the project information submitted by the applicant and subject to the conditions of approval, the proposed rezoning and plat conforms to the Zoning and Subdivision Ordinances; therefore, staff recommends approval of the Rezoning, Preliminary Plat and Final Plat based on the criteria for approval listed below.
Conditions to be Satisfied Prior to County Board Consideration:
- Any condition of the Belle Plaine Town Board recommendation.
- Completion of all Natural Resources Department requirements including the creation of conservation easements.
- Submission of up-to-date title insurance or opinion as required for review by the County Attorney’s Office.
- County Surveyor, Attorney and Recorder review and signing of the plat Mylars.
- Payment of all Belle Plaine Township and Scott County Final Plat fees.
Criteria for Approval:
- Adequate Drainage – the proposed plat meets all storm water drainage requirements as identified in Chapter 6 of the zoning ordinance.
- Adequate Potable Water Supply – the proposed plat, utilizing individual wells, meets the requirements of the zoning and subdivision ordinances.
- Adequate Roads or Highways to Serve the Subdivision – the proposed lot has frontage and driveway access to a Township Road right-of-way, that has access onto a paved County Highway.
- Adequate Waste Disposal Systems – the proposed lot meets all requirements of the individual sewage treatment system ordinance.
- Consistency with the Comprehensive Plan – the proposed plat conforms to the goals and policies contained in the 2040 Comprehensive Plan for the development in the Agricultural Preservation area.
- Public Service Capacity – the proposed development does not adversely impact the public service capacity of local service providers as it is adding one additional lot.
- Consistency with the Minnesota Environmental Quality Board's Policies- the proposal does not require any environmental review and is therefore consistent with the policies of the Minnesota Environmental Quality Board.
- Consistency with Capital Improvement Plans – the proposed plat is not requiring any county funded road improvements; therefore it is consistent with the County’s capital improvement plan.
Planning Advisory Commission/Township Alternatives:
- Approve the request as recommended by Planning Staff with the specified conditions.
- Approve the request as recommended by the Planning Staff with amendments to the conditions.
- Table the request for a specific reason.
- Deny the request for a specific reason.
Suggested Motion for Planning Advisory Commission or Township Board:
Based on the criteria for approval listed in the staff report, I recommend approval of the rezoning of 38.82 acres from the Agricultural Preservation District to the Agricultural Preservation Density District, and the preliminary plat and final plat of Open Sky Prairie consisting of 1 lot and 1 outlot on 38.82 acres, noting that this recommendation is subject to approval of the conditions listed in the staff report that must be satisfactorily addressed prior to County Board consideration of the project.
Outcome
Feedback
This topic has 58 visitors and 0 statements.
Translate