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REGULAR PLANNING COMMISSION AGENDA
MONDAY, JUNE 8, 2009
City Council Chambers
6:00 p.m.
1. Call Meeting to Order:
2. Approval of Minutes:
A. May 26, 2009
3. Public Hearings:
A. 09-107 EFH Realty Advisors, Inc. is requesting to amend the Zoning Map
designation on approximately 5.7 acres (3 parcels) of property from R-1 to C-2. The
subject property is located at 14311 Timothy Avenue NE, 14291 Timothy Avenue
NE, and 6880 Boudin Street NE.
4. Old Business:
5. New Business:
6. Announcements and Correspondence:
7. Adjournment:
L'\09 FILES\09 PLANNING CO~I~IISSION\09 AGENUAS\AGOGU~A~Y(YC1tl~OlpYlOYlake.C0171
Phone 952.447.9800 /Fax 952.447.4245
PLANNING COMMISSION MINUTES
TUESDAY, MAY 26, 2009
Call to Order:
Chairman Ringstad called the May 26, 2009 Planning Commission meeting to order at 6:00 p.m. Those
present were Commissioners Fleming, Perez, Billington, Howley and Ringstad, Community Development/
Natural Resources Director Danette Parr, and Community Development Assistant Michelle Czycalla.
2. Approval of Minutes:
The Minutes from the Apri127, 2009, Planning Commission meeting were approved as presented.
3. Public Hearings:
A. Consider amendments to the City Zoning and Subdivision Ordinances in Sections 1101, 1108,
1102, 1109 and 1006.
Community Development/Natural Resources Director Danette Parr presented the Planning Report dated
May 26, 2009, on file in the office of the Community Development/Natural Resources Department.
The amendments proposed are for the following sections:
Amendments related to the establishments of Interim Uses:
• Section l 101 -General Provisions to the Zoning Code
• Section l 108 -Conditional Use Permits, Variances, and Amendments of the Zoning Code
An amendment proposing that shopping center uses with a gross floor area greater than 150,000 square
feet will require a conditional use permit:
• Section 1102 -Use District Regulations of the Zoning Code
Amendments relating to the process of Appeals to District Court:
• Section 1109 -Administrative Procedures of the Zoning Code
• Section 1006 -Administration and Enforcement of the Subdivision Code
Parr reviewed the sections as follows:
Interim Uses -Section 1101.400 and 1108.1000
Parr explained the teen "interim use" and highlighted it is temporary in nature. Parr added if this
amendment were adopted by the Council it would follow a similar process to that of a conditional use
permit. Parr described that prior to submitting an interim use permit application the applicant will need to
submit an application to amend the Zoning Ordinance to add the use as a permitted interim use within the
specified district. Parr stated that the interim use permit process gives the City an opportunity to determine
if the interim use will have a negative affect on the adjacent community and what additional conditions
should be included to limit the use further.
Shopping Center Uses -Section 1102
Parr explained that the Council had expressed a desire to allow more oversight on larger scale shopping
centers. Parr stated that this situation does not currently affect the City, but it could in the future.
Appeals to District Court -Section 1106 and 1109
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Planning Commission Meeting
May 26, 2009
Parr stated that this subject is outlined in the State Statute, however it is not something that is currently
include in Prior Lake's City Code. Parr added that with the City's intent to have the Code be user friendly,
the City may want to add these subsections to the Code.
Questions from the Commissioners
Ringstad asked that Parr give an example of an interim use. Parr responded with the example of a potential
alternative learning center at Northgate Center.
Billington asked what other jurisdictions have allowed for time limits on interim uses. Parr responded that
it depends on the user. Parr stated that if this goes forward the City will provide details on the types of uses
and the time frames they have been granted.
Billington inquired about adjusting the Interim Use Ordinance, as permitted by State Statute. Parr explained
that the City is working with the assistance of the City Attorney. Parr added the City can make the
Ordinance more stringent than State Statute, however not less stringent.
Perez clarified that schools are not a permitted used in commercial districts and questioned how Parr's
example of the alternative learning center would work. Parr explained that if the School District wants to
proceed they would have to amend the Zoning Ordinance to make it a permitted interim use, and then the
interim use permit application would be considered for the specifics of the site.
Howley asked if interim use permits should be added to the title of Section 1108. Parr responded she will
consult the City Attorney. Howley added if interim use permits is added to the title of Section 1 l 08 it
should also be added to the heading in Subsection 1108.100.
Howley suggested that subsection 1108.1000 (f) read "must be reviewed annually". Parr stated that staff
will consider annual review of interim use permits if the Commissioners think it would be appropriate.
Howley added that reviewing these permits annually redefines the intent of the term interim.
Howley questioned if there is a process the City follows to notify a user of a permit violation. Parr
responded it is the City's intent to work with the individual to correct such violations. Parr stated that the
language was included for cases in which a violation gets out of hand. Parr added that the City would like
the right to bring such cases before the Planning Commission to see if the permit should be revoked.
MOTION BY HOWLEY, SECONDED BY PEREZ TO OPEN THE PUBLIC HEARING.
Vote taken indicated ayes by all. The motion carried and the public hearing opened at 6:19 p.m.
Commissioner Ringstad read the public Hearing Statement and opened the meeting.
There were no comments from the public.
MOTIONED BY FLEMING, SECOND BY BILLINGTON TO CLOSE THE PUBLIC HEARING.
Vote taken indicated ayes by all. The motion carried and the public hearing closed at 6:20 p.m.
Comments from the Commissioners
Fleming commented that he worries about removing any leeway that the Commission might have. Fleming
added that he agrees with Commissioner Howley's comments and will support the proposed amendments.
Perez agreed with Commissioners Fleming and Howley's comments and added he agrees the City should
review interim use permits annually. Perez agrees with staff findings and will support these amendments.
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Planning Commission Meeting
May 26, 2009
Billington commented he thinks this is well drafted and will support the amendments.
Howley stated he will be in support of the amendments so long as the City Attorney reviews the heading
language of section 1108 and subsection 1108.100.
Ringstad agreed with the Commissioners comments and added he supports the annual review process of
interim use permits.
MOTION BY PEREZ, SECOND BY FLEMING TO RECOMMEND APPROVAL OF AMENDMENTS
RELATED TO THE ESTABLISHMENT OF INTERIM USES: SECTION 1101 AND SECTION 1108 OF
THE ZONING CODE.
Vote taken indicated ayes by all. MOTION CARRIED
MOTION BY PEREZ, SECOND BY BILLINGTON TO RECOMMEND APPROVAL OF AN
AMENDMENT PROPOSING THAT SHOPPING CENTER USES WITH A GROSS FLOOR AREA
GREATER THAN 150,000 SQUARE FEET REQUIRE A CONDITIONAL USE PERMIT: SECTION
1102 OF THE ZONING CODE.
Vote taken indicated ayes by all. MOTION CARRIED
MOTION BY PEREZ, SECOND BY BILLINGTON TO RECOMMEND APPROVAL OF
AMENDMENTS RELATED TO THE PROCESS OF APPEALS TO THE DISTRIC COURT: SECTION
1109 OF THE ZONING CODE AND SECTION 1006 OF THE SUBDIVISION CODE.
Vote taken indicated ayes by all. MOTION CARRIED
4. Old Business: None
5. New Business: None
6. Announcements and Correspondence:
Parr highlighted topics that will likely appear at future Planning Commission meetings:
• The SMSC has submitted an application for a street name change for Oakes Lane.
• A rezoning application for the EFH Realty Advisors redevelopment site will be presented at the
June 8t'' meeting
• The City has received a conditional use permit application and a plat application that will be
presented at a future meeting
7. Adjournment:
The meeting adjourned at 6:26 p.m.
Michelle Czycalla
Community Development Assistant
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PLANNING REPORT
AGENDA ITEM: 5A
SUBJECT: CONSIDER AN AMENDMENT TO THE ZONING MAP
FOR PROPERTY LOCATED AT 14291 TIMOTHY
AVENUE, 14311 TIMOTHY AVENUE, AND 6880
BOUDIN STREET
PREPARED BY: DANETTE M. PARR, COMMUNITY DEVELOPMENT &
NATURAL RESOURCES DIRECTOR
PUBLIC HEARING: X YES NO-N/A
CASE FILE: 09-107
DATE: JUNE 8, 2009
INTRODUCTION:
EFH Realty Advisors, Inc. is requesting a Zoning Map Amendment to change
the use district from R-1 (Low Density Residential) to C-2 (Community Business)
on property located at 14311 Timothy Avenue, 14291 Timothy Avenue, and 6880
Boudin Street. The parcels are designated C-CC (Community Retail Shopping)
on the 2030 Comprehensive Land Use Plan Map, which is consistent with either
the C-2 or C-4 Zoning Districts.
BACKGROUND:
Approximately 5.0 acres of the subject area is the site formally occupied by the
Crossroads Church (the church structure remains). The balance of the subject
area is comprised of two residential parcels with single family homes (one
previously used by Crossroads Church as a parsonage).
EFH Realty Advisors, Inc is proposing the Zoning Map Amendment to facilitate
commercial development in the future. If the Rezoning is approved by the City
Council, additional application approvals would be necessary before any
commercial uses would be permitted on the site. The Planning Commission will
host a public hearing in the future to consider applications for the Platting of the
lots, and a Conditional Use Permit. For that reason, the public hearing related to
the Rezoning of the property is not intended to be a discussion related to the site
plan or any conceptual layouts of the proposed commercial site. Rather, it is to
make the Zoning consistent with the 2030 Comprehensive Land Use Plan.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The three parcels combined have a gross area of
approximately 5.66 acres.
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www. cityo~prior~a~Ce . com
Phone 952.447.9800 /Fax 952.447.4245
Utilities: Sewer and water services are currently available to the site.
Adjacent Land Use and Zoning:
• To the north of this property is commercial land, designated as C-NR
(Neighborhood Retail Shopping) and R-LD (Urban Low Density). The
northern property is zoned C-1 (Neighborhood Commercial) and R-1 (Low
Density Residential).
• To the west (across Timothy Avenue) is low-density residential land,
designated as R-LD (Urban Low Density), and zoned R-1 (Low Density
Residential).
• To the east (across State Hwy 13) are commercial businesses within a
Planned Mixed Use Development. This land area is within the City of
Savage.
• To the south (across Boudin Street) is commercial land, designated as C-
CC (Community Retail Shopping), and zoned C-2 (Community Business).
ANALYSIS:
The applicant proposes to rezone the property from an R-1 to a C-2 Zoning
District. The permitted uses, conditional uses, and permitted uses with a
Conditional Use Permit that were in effect at the time of the Rezoning application
submittal are listed below:
Permitted Uses. The following uses are permitted in the "C-2" Community
Business Use District if the use complies with the Commercial Restrictions and
Performance Standards of subsection 1102.1300:
- Retail
- Services
- Offices
- Medical and Dental Offices
- Museums
- Banks
- Police and Fire Stations
Uses Permitted With Conditions:
(1) Adult Day Care.
(2) Group Day Care/Nursery School.
(3) Park and Recreation.
(4) Public Service Structures.
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(5) Utility Substation.
(6) Clubs and Lodges Without Liquor Licenses.
(7) Food Service.
(8) Hotel/Motel.
(9) In-Vehicle Sales or Service.
(10) Printing Process Facilities.
(11) Restaurants Without Liquor License.
(12) Shopping Center.
Uses Permitted By Conditional Use Permit:
(1) Motor Fuel Station.
(2) Restaurants With Liquor.
(3) Clubs And Lodges With Liquor.
(4) Convention/Exhibition Halls.
(5) Marinas.
Dimensional Standards.
- Minimum Lot Size is 5,000 square feet.
- Minimum Lot Width is 50 feet.
- Required Yards are as follows:
Front Yard: 25 feet
Side Yard: 10 feet
Rear Yard: 15 feet
- Maximum Height is 35 feet.
- Subject to approval of a conditional use permit, the height
of a structure or building may be increased to 45 feet or 4
stories, whichever is greater. (amd. Ord. 105-04, pub.
3/5/05)
As part of the most recent Zoning Code update (a process which has been
underway since 2007), the C-2 and C-4 Zoning Districts were combined and
modified. The following C-2 Zoning District came into effect on June 1, 2009
(date of publication) and could apply to the site in the future:
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Permitted Uses. The following uses are permitted in the "C-2" General Business
Use District if the use complies with the Commercial Restrictions and
Performance Standards of Subsection 1102.1300:
- Medical/Dental Offices
- Funeral Homes
- Libraries
- Museums
- Parks and Open Spaces
- Police and Fire Stations
- Banks
- Business and Trade Schools
- Offices
- Retail Shops
- Service Facilities
- Studios
- Showrooms
Uses Permitted With Conditions:
(1) Adult Day Care.
(2) Dry Cleaning, Laundering With Route Pick-Up and Delivery.
(3) Group Day Care/Nursery School.
(4) Public Service Structures.
(5) Utility Substation.
(6) Appliance, Small Engine and Bicycle Repair.
(7) Food Service.
(8) Hotel/Motel.
(9) In-Vehicle Sales or Service.
(10) Medical and Dental Laboratories.
(11) Copy Shop. .
(12) Restaurants and Clubs and Lodges without Liquor License.
(13) Shopping Center.
(14) Game Rooms.
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Uses Permitted By Conditional Use Permit.
(1) Motor Fuel Station.
(2) Car Wash.
(3) Motor Vehicle Sales.
(4) Motor Vehicle Service, Repair.
(5) Restaurants and Clubs and Lodges with Liquor.
(6) Shopping Centers Over 150,000 Square Feet of Gross Floor Area.
(7) Convention /Exhibition Halls.
(8) Outdoor Sales (Display).
(9) Private Entertainment (Indoor).
(10) Marinas.
(11) Animal Handling.
(11) Adult Uses. (Conditions listed in Section 1111).
Dimensional Standards
(2) Lots Adjacent to Residential Use Districts: The following setbacks
shall apply to developments on lots adjacent to Residential Use
Districts:
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(1) The following minimum requirements and those additional
requirements found in Section 1102.1300 shall govern the use and
development of lots in the "C-2" Use District.
Building Setback Adjacent to "R" Use
District
60 feet
Parking Setback Adjacent to "R" Use
District
20 feet
Zoning Ordinance Amendment Findings
Section 1108.600 of the Zoning Ordinance identifies the following policies for
amendments to the Official Zoning Map:
• The area, as presently zoned, is inconsistent with the policies and goals of
the Comprehensive Plan, or the land was originally zoned erroneously due to
a technical or administrative error, or
• The area for which rezoning is requested has changed or is changing to such
a degree that it is in the public interest to rezone so as to encourage
redevelopment of the area, or
• The permitted uses allowed within the proposed Use District will be
appropriate on the subject property and compatible with adjacent properties
and the neighborhood.
The area for which the rezoning is requested has changed. On March 16,
2009 the City Council approved a Comprehensive Plan Amendment from
Urban Low Density Residential to C-CC (Community Retail Shopping). The
rezoning will facilitate and encourage redevelopment of the sites. Great care
will need to be taken as part of a Site Plan Review and Conditional Use
Permit process to assure the uses will be appropriate in respect to the
adjacent residential neighborhood.
CONCLUSION:
In conclusion, the applicant is requesting a Zoning Map Amendment to allow
the property to be rezoned from R-1 to C-2. The proposed use district is
consistent with the 2030 Comprehensive Land Use Plan Map. Based upon the
findings set forth in this report, staff recommends approval.
ALTERNATIVES:
1. Recommend approval of the Zone Change as proposed.
2. Recommend denial of the request.
3. Other specific action as directed by the Planning Commission
RECOMMENDATION:
The Planning staff recommends Alternative 1. The Planning staff finds the
proposed C-2 Zoning District consistent with the Comprehensive Plan.
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ACTION REQUIRED:
This proposal requires the following motion:
1. A motion and second to recommend approval of a Zoning Ordinance
Amendment to change the zoning of the subject property from the R-1 to C-2.
EXHIBITS:
Location/Aerial Map
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