HomeMy WebLinkAbout10A - Zoning Map Ordinance Amendment
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t. ~! 4646 Dakota Street S.E.
U ~! Prior Lake, MN 55372-1714
/
~~~ESo/ CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
JUNE 15, 2009
10A
DANETTE PARR, COMMUNITY DEVELOPMENT AND NATURAL
RESOURCES DIRECTOR
CONSIDER APPROVAL OF AN ORDINANCE AMENDING THE ZONING
MAP FOR PROPERTY LOCATED AT 14291 TIMOTHY AVENUE, 14311
TIMOTHY AVENUE, AND 6880 BOUDIN STREET
Introduction
The purpose of this agenda item is to review a request by EFH Realty
Advisors, Inc. to amend the Zoning Map 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.
As a part of the recent Zoning Code update, the C-2 and C-4 Zoning Districts
were combined; however, the subject application was received prior to the new
Code being enacted (June 1st). For that reason, the rezoning request is being
processed under the zoning provisions in effect at the time the completed
application was received.
Historv
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, consideration of 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.
Current Circumstances
The Planning Commission considered this request on June 8, 2009. The
Planning Commission recommended approval of the proposed rezoning (4-1,
draft minutes are attached).
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The three parcels combined have a gross area of
approximately 5.66 acres.
Utilities: Sewer and water services are currently available to the site.
Adiacent Land Use and Zonina:
· 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).
ISSUES:
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 IC-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.
(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 Bv 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:
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.
Uses Permitted Bv 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 I Exhibition Halls.
(8) Outdoor Sales (Display).
(9) Private Entertainment (Indoor).
(10) Marinas.
(11) Animal Handling.
(12) Adult Uses. (Conditions listed in Section 1111).
Dimensional Standards
(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-2n Use District.
Minimum Minimum Maximum Front Side Rear Parking
Lot Area Lot Width Height Yard Yard Yard Setback
(ft.) (ft. ) (ft.) (ft.) (ft.)
1 Acre 150 45'or4 30 20 30 10
stories,
whichever
is greater
(2) Lots Adjacent to Residential Use Districts: The following
setbacks shall apply to developments on lots adjacent to
Residential Use Districts:
Building Setback Adjacent to "Rn
Use District
60 feet
Parking Setback Adjacent to "Rn
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
FINANCIAL
IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
. 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). C-2
Zoning is consistent with the C-CC Comprehensive Plan designation. 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.
The rezoning will allow for commercial uses and an expanded City tax base in
the future.
1. Adopt an ordinance approving the rezoning as requested.
2. Defer consideration of this item and provide staff with specific direction.
The Planning Commission and staff recommend Alternative #1. A motion and
second to adopt an ordinance rezoning the property located at 14311 Timothy
Avenue, 14291 Timothy Avenue, and 6880 Boudin Street from R-1 to C-2.
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4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY OF PRIOR LAKE
ORDINANCE NO. 09-XX
AN ORDINANCE AMENDING SECTION 1101.700 OF PRIOR LAKE CITY
CODE AND THE OFFICIAL ZONING MAP FOR THE CITY OF PRIOR LAKE
MOTION BY:
SECOND BY:
The City Council of the City of Prior Lake does hereby ordain:
1. The Prior Lake Zoning Map, referred to in Prior Lake City Code Section
1101.700, is hereby amended to change the zoning classification of the
following legally described property from R-1 (Urban Low Density Residential)
to C-2 (Community Business).
LEGAL DESCRIPTION:
14311 Timothy Avenue NE:
That part of Government Lot 4, Section 30, Township 115, Range 21, Scott
County, Minnesota described as follows: Commencing at the Northeast corner
of the Northeast Quarter of said Section 30, thence West, assumed bearing,
along the North line of said Northeast Quarter a distance of 720.5 feet; thence
South 0 degrees 42 minutes 57 seconds East a distance of 1533.0 feet to the
point of beginning; thence continue South 0 degrees 43 minutes 57 seconds
Ease a distance of 100.0 feet; thence East parallel with the North line of said
Northeast Quarter a distance of 150.0 feet; thence North 0 degrees 43 minutes
57 seconds West, a distance of 100.0 feet; thence West parallel with said North
line 150.0 feet to the point of beginning, Scott County, Minnesota.
14291 Timothy Avenue NE:
That part of Government Lot 4, Section 30, Township 115, Range 21, Scott
County, Minnesota, described as follows: Commencing at the Northeast corner
of the Northeast % of said Section 30; thence West assumed bearing along the
north line of said Northeast % a distance of 720.5 feet; thence South 0 degrees
43 minutes 57 seconds East a distance of 1433.0 feet to the point of beginning;
thence continue South 0 degrees 43 minutes 57 seconds East a distance of
100.0 feet; thence East parallel with the north line of said Northeast % a distance
of 150.00 feet; thence north 0 degrees 43 minutes 57 seconds West a distance
of 100.0 fee; thence West parallel with said north line 150.0 feet to the point of
beginning
www.city~(!)rlake.com
Phone 952.447.9800 / Fax 952.447.4245
6880 Boudin Street NE:
That part of the Northeast Quarter of the Northeast Quarter and Government Lot
4, all in Section 30, Township 115, Range 21 lying Westerly of a line which is
parallel with and 105 feet Westerly of the following described highway center
line:
Beginning at a point on the North line of said Section 75 feet West of the
Northeast corner thereof; thence Southerly at an angle of 90 degrees 18 minutes
30 seconds with said North line (measured from West to South) 773.12 feet;
thence deflect to the right on a 2 degree 30 minute circular curve, central angle
23 degrees 26 minutes 937.33 feet; thence deflect to the right on a 10 chord
spiral curve of increasing radius (spiral angle 3 degrees 07 minutes 30 seconds)
250 feet; thence Southwesterly tangent to said curve 700 feet and there
terminating;
Lying South of the following described line:
Beginning at a point on the East line of Block 4, BOUDINS MANOR 4TH
ADDITION which is 1303 feet South of the North line of said section when
measured along said East line and its extension North to said North lines; thence
East parallel with said North line to a point which is 105 feet Westerly of the
above described highway center line when measured perpendicular to said
center line and there terminating; and lying East, South, East and North of the
following described line: Beginning at a point on the East line of said Block 4
which is 1303 feet South of the North line of said section when measured along
said East line and its extension North to said North line; thence South on said
East line and its extension South 330 feet; thence West parallel with said North
line 150 feet to the Easterly line of Timothy Lane in said plat; thence South
along said East line to the Northerly line of Boudin Street as platted in said plat;
thence Easterly along said Northerly line to a point which is 105 feet Westerly of
the above described highway center line when measured perpendicular to said
center line and there terminating, Scott County, Minnesota.
This ordinance shall become effective from and after its passage and
publication.
Passed by the City Council of the City of Prior Lake this 15th day of June, 2009
ATTEST:
City Manager Mayor
Published in the Prior Lake American on the day of June, 2009.
Drafted By:
Prior Lake Community Development and Natural Resources Department
4646 Dakota Street SE
Prior Lake, MN 55372
Page 2
PLANNING COMMISSION MINUTES
MONDAY, JUNE 8, 2009
1. Call to Order:
Chairman Ringstad called the June 8, 2009 Planning Commission meeting to order at 6:00 p.m. Those
present were Commissioners Perez, Billington, Howley and Ringstad, Community Development! Natural
Resources Director Danette Parr, Planner Jeff Matzke, and Community Development Assistant Michelle
Czycalla.
Ringstad stated that Commissioner Fleming will be late to the meeting.
2. Approval of Minutes:
The Minutes from the May 26, 2009 Planning Commission meeting were approved as presented.
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 (Low Density Residential) to C-2
(Community Business). The subject property is located at 14311 Timothy Avenue NE, 14291 Timothy
Avenue NE, and 6880 Boudin Street NE.
Community DevelopmentJNatural Resources Director Danette Parr presented the Planning Report dated
June 8, 2009, on file in the office of the Community DevelopIrientiNatural Resources Department.
Parr stated that the site is designated C-CC (Community Retail Shopping) on the 2030 Comprehensive
Land Use Map, which is consistent with either C-2 or C-4 zoning. Parr stated that this public hearing is
specifically for the rezoning application and comments regarding site specifics will not be heard at this
time.
Parr highlighted that the City adopted a new Zoning Ordinance effective June 1, 2009 which combines the
old C-2 andC-4 Zoning Districts into one. Parr added this public hearing is taking place as a procedural
step because EFH Realty Advisors, Inc. submitted a complete application prior to June 1, 2009. Parr
highlighted the allowed land uses that apply to the site (Code in effect at this time) and those uses that
require a Conditional Use Pemiit under the Zoning Code. Parr added that the site must adhere to the criteria
in effect at thetiIlle the complete application was received, thus the criteria (setbacks, etc) of the old C-2
Code applies to this site.
Planner Jeff Matzke highlighted the permitted uses, permitted uses with conditions and uses permitted by a
Conditional Use Permit il1the new C-2 Zoning District.
Parr added that permitted uses and permitted uses with conditions may not necessarily fit a site due to the
size of the site, setbacks, etc. Parr highlighted that the proposed C-2 zoning is consistent with the 2030
Comprehensive Plan Land Use Map and based on the findings staff recommends approval.
Commissioner Ringstad read the Public Hearing Statement and opened the public hearing at 6: 12 p.m.
Gene Happe, owner of the subject property, stated he believes staff has laid out the proposal well and
indicated he will be available to answer any questions the Commissioners has.
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Planning Commission Meeting
June 8, 2009
Jeff Phalen, 14271 Timothy Avenue NE, stated that the Commission has three options; (1) approve the C-
2 rezoning, (2) to deny the C-2 rezoning, or (3) take other specified action as directed by the Planning
Commission. Mr. Phalen spoke on behalf of his family and the Boudin Association Neighbors when asking
the Commissioners to exercise option three and change the zoning of the property to C-1. Phalen stated
while C-1 zoning is mildly inconsistent with the Comprehensive Land Use Plan, it was the City Council
that stated they would like to see this development proceed providing it have the look and feel of a
neighborhood like development. Phalen asked the Commissioners to follow the guidance ofthe City
Council and change the zoning to C-1. Phalen added that the C-I zoning would fall in line with the
properties to the north and still allow the development to proceed as proposed with some reasonable
limitations. Phalen also stated that the C-1 zoning will afford the neighborhood with the inherent
protections that the C-1 Zoning Ordinance requires and that were promised by the City Council. Phalen
explained the Commission has an opportunity to establish some semblance of a reasonable transition which
the Comprehensive Land Use Plan and the Zoning Ordinance call for. Phalen added that the Commission
has the opportunity to offer some real change and protect the residents of this great City. Phalen asked the
Commissioners to elect option three and move to a C-1 zoning.
Tony Stapleton, 6807 Boudin Street, stated he has a significant concern that the rezoning of the site from
residential to commercial will put a heavy burden on the.sllITounding residents. Stapleton moved to
Minnesota a year and a half ago when this site was a chllrchand doesn'tthink anyone in the audience
would approve of any kind of commercial on this site. Stapleton stated he does understand that tax revenue
for a City like Prior Lake is important, however he doesn't believethat the City has done or shared
anything that would help the resident in this area absorb the weight and responsibility by changing the
zoning of this site to commercial. Stapleton stated he doesn't believe that the neighborhood can retain its
residents and asked what the City will do for the residents adj acent to thesite~Stapleton added he is not
happy with the commercial uses that already exist next to his property and he is not looking forward to this
church site being rezoned. Stapleton asked what the City is going to do to offset some of the negative
effects from this site going fromre~idential to commercial. Stapleton. added there are no sidewalks in the
area, you have to walk your dog Or children on the street, and the transient traffic that will be introduced
will be significant. Stapleton invited the developer to a Watersedge Association meeting to address specific
concerns. Stapleton alsoadd(;ld the stre~ts are in disrepair in the area. He concluded by asking if the
residents have to accept cotntIl.ercial zoning what is the City and applicant going to do so the responsibility
doesn't totally on the residences arid tax paying citizens of Prior Lake that live next to the subject
property .
SandeeWright, 14300 Tirnothy Avenue, stated that she is here with Mr. Phalen and the rest of the
neighborsto ask the Commission to consider C-1 zoning. Wright stated several neighbors met with the
developer Wednesday, June 3, 2009, where Mr. Happe educated the neighbors on how much control the
developer, the residents and the City have regarding the development of this site. Wright stated that Mr.
Happe taught thetnthat the City has most ofthe control. Wright added that although the residents have
already lost in the Comprehensive Land Use change, this is another opportunity for the Commission to help
the residents balance and control some of what goes on at this site. Wright commented there are homes that
are going to stare down at whatever is placed on the property and from the moment development begins,
the residents are the ones that will be living with it. Wright mentioned that because of the decisions that the
Planning Commission and City Council are making the residents are bearing the brunt of spending their
time trying to understand how to protect their homes. Wright highlighted that there has been promises from
the Planning Commission and City Council that they are good at taking care of the neighbors and make
things work out fairly. Wright added that there is no one else to depend on but the Commission to follow
through on these promises. Wright stated that the residents are just trying to live in this wonderful
neighborhood however they are totally dependent on the decisions made by the Planning Commission and
City Council. Wright admitted she no longer has control over her family's future, it is now in the hands of
the City and a developer. Wright asks that the Commissioners to consider her statements when making their
decisions.
L:\09 FILES\09 PLANNING COMMISSION\09 MINUTES\MN060809.doc
2
Planning Commission Meeting
June 8, 2009
Tyanne Riegle, 14200 Rutgers Street, stated she moved to the neighborhood six and a half years ago for
the park, the lake, the nearby grocery locations, and the minimal traffic. Riegle stated she has several
neighbors she is watching because they race in and out of the neighborhood and she fears for the safety of
the children in the neighborhood and all those people walking on the streets. Riegle stated she frequently
walks through Boudin Park to Timothy Street crossing Highway 13 to get to Target or the grocery store.
With this proposed development she will not be able to do that anymore. This is the first time Riegle has
spoken, however she believes it wouldn't have made a difference if she had earlier. Riegle stated she plans
to live in the neighborhood for the rest of her children's school career and asked why the neighbors have to
accommodate what is developed at the site. Riegle questioned why the neighborhood families are being put
at risk and why are their homes area being lowered in value. Riegle mentioned that people love the
neighborhood because it's a niche, its quiet, and it's barely accessible. Riegle stated she also has a dock at
the Boudin Association and is concerned about people parking their boatsatthose docks to access the
development. Riegle added that people are already parking their boats. on their private docks to access the
MGM liquor store and questioned how many more boaters this gas station is goingto attract. Riegle
highlighted that there are no sidewalks or posted speed limits in the neighborhood.8he..is not happy and
believes the City has done a poor job of considering the people that live in the neighborhood. Riegle asked
the Commissioners what they would do if they lived in this neighborhood and asked them to consider
something better than what has happened so far.
Mary Quinn, 14160 Rolling Oaks Circle, asked when is this going to end. Quinn stated that if the City is
going to rezone the site to a designation beyond what the neighborsVVho live in the area are asking for she
wonders when this is going to end. Quinn stated~hat there are elderlyresidents with homes near the site
and asked if at some point the commercial designation will extend beyond this site. Quinn commented on
the building that is for sale on Boudin Street and questioned if that's going to be tom down and
redesignated as well. Quinn asked that the Commis~ioners1istento the neighbors; they are the ones that
have to live near this development. Quinn commented that this is nota gas station in a new development,
this is a gas station in an estabHshedneighborhood. Quinn asked ifthe Commissioners would like to live
next to a gas station. Quinn believes that this commercial designation is not going to end here; it has the
potential to go all the way down to the lake.
Gene Happe, owner of the subject property, gave .what he referred to as a history of the site, stating he first
sat down with the CityinJune of2007. Happe said that at that time he was told that the neighbors had been
informed thatthis site would ultimately become commercial and was encouraged to come forward with the
C-2 zoning. Happe added that in most cases it takes about a year to put a project together, which is what
happened here. Happe stated after receiving word from the City that this will become commercial property
he went onto negotiate with the church. After it looked as though Happe's group could purchase the site,
the development process began. Happe commented that the site is not up to Code to put in another church
so this was the obvi.ous way to go. Happy stated that he offered to purchase the church site and three
residential properties, one of which would not be sold to a developer and ultimately became Mr. Phalen's
home. Happe stated that some of those who spoke tonight moved into Prior Lake within the last year and a
half when it was common knowledge that this site was going to become commercial and had they done
their due diligence they would have been told that. Happe added that the view from Mr. Phalen's home
consists of the Edina Realty office building, Target, Applebee's, a Perkins restaurant and a major
intersection with stoplights. Happe stated that in his meeting with the area residents, the emphasis was how
to block this view so the homes left do not have to look at the development.
Commissioner Ringstad interrupted Mr. Happe stating that this public hearing is for the rezoning of the
property and not site specifics.
L:\09 FILES\09 PLANNING COMMISSION\09 MINUTES\MN060809.doc
3
Planning Commission Meeting
June 8, 2009
Happe concluded stating that he followed what he was told by the City, that this was intended to be
commercial property. Happe stated that the C-l zoning will not accomplish what he is asking for and the C-
2 zoning is needed.
Sandee Wright, 14300 Timothy Avenue, stated she thinks it's important to set the public record clear
about what the neighborhood knew. Wright stated that a few years ago the neighborhood received a letter
that welcomed them to a meeting to discuss "the future oftheir neighborhood". Wright added that the
majority ofthe neighborhood showed up to this meeting wondering what this meant. Wright stated that at
that meeting City Manager Frank Boyles asked if this neighborhood should remain residential. Wright
stated that several neighbors stood up at the meeting and said, without a doubt, they would like the
neighborhood to remain residential. Wright highlighted that the residents never received information about
what was in the plans for the site. Wright added that residents in the neighborhood appreciate it location,
the maturity of the trees, and the size of their yards, all things you can'tgetinother developments in Prior
Lake. Wright stated she would like to see minutes from the meetings where residents were told that this site
was going to become commercial. Wright recalled the neighborhood rebuttals to changing this site from
residential to commercial.
Tony Stapleton, 6807 Boudin Street, stated that he wishes the parcel would be a park, a Hbrary or a
church. Stapleton asked what the City and the applicant can do to make this a palatable rezoning for the
citizens adjacent to the site. Stapleton stated the residents in the neighborhood pay their taxes on time and
paid a good amount of money for their properties. Stapleton added that if this site is zoned C-2 or C-l the
City might be surprised what the residents of the neighborhood will ask for to make this more palatable for
them. Stapleton stated he has a few requests himself if this site contains station
The public hearing was closed at 6:44 p.m.
Commissioner Comments:
Perez:
. Appreciates everyone's comments.
Commented on Mr. Phalen's request for the C-l zoning stating we have already been there.
. This proposal is looking to bring this site consistent with the Comprehensive Land Use Map
· The area Qa:s9Qanged and we need it to becorneconsistent.
. Supports staff findings.
Fleming:
. ThankedMr. Happe for covering the history of the project and added he found Happe's comments
suggesting the neighbor's common knowledge of the site to be somewhat disrespectful.
. Encouraged Tyanne to take her concerns regarding speed limit signs and potholes up with City
Manager Boyles and his staff.
. Invited Mr. Phalentothe podium to speak to the promises that he stated were made to him regarding
this matter.
Mr. Phalen stated he recalls hearing that this would be a very transparent process; that the neighbors would
be intimately involved as this development proceeds; that there would be a number of future opportunities
to discuss the rezoning, platting and conditional use process; and that the City had an interest in protecting
the neighbors and striking a balance. Phalen added that he understood that the neighbors would not have
the burden of fighting and part of the Planning Commission and City's role is to protect the neighbors
while trying to strike a balance.
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4
Planning Commission Meeting
June 8, 2009
Fleming:
· Asked staffto display the permitted uses for C-l zoning. Matzke displayed and read the permitted uses,
permitted uses with conditions, and permitted uses with a Conditional Use Permit under the C-l Zoning
District.
· Agrees with Commissioner Perez's comments and recognizes tonight's decision is an important one.
. Plans to support staffs proposal.
· Called the audiences attention to page six ofthe planning report and highlighted the last sentence ofthe
Amendment Findings section as assurance from the Planning Commission and City Council to the
neighbors.
Billington:
· Is in agreement with the staff report and will support the zoning change.
Howley:
. Appreciated the public comments on the issue.
Recognized that the site is now C-CC and this proposal follows the guide
. Will not be supporting this proposal.
Ringstad:
. Agrees with most of the Commissioners comments.
· Highlighted that the Comprehensive Plan Amendment waseonsistent with the surrounding properties
with exception to the west and the C-2 zoning coincides with the adjacent zoning to the south.
· Thanked everyone for their keeping comments on the subject and attending the meeting.
. Invited everyone to the platting/conditionalllsepermit public hearing tpdiscuss the site.
· Highlighted that even though the residents feel they have lost, there are still opportunities in the future.
. Will support the proposed zoning change.
MOTION BY BILLINGTON, SECONDED BY FLEMING, TO RECOMMEND APPROVAL OF A
ZONING ORDINANCE AMENDMENT TO CHANGE THE ZONING OF THE SUBJECT PROPERTY
FROM R-t TO C-2.
V ote taken indicates ayes by Fll;lming,Peiez,Ringstad and Billington. Howley opposed.
MOTION CARRIED.
This item will go before the City Councilpn June 15,2009.
4. Old Business: None
5. New Business: None
6. Announcements and Correspondence:
Parr highlighted two items that will be covered at the June 22, 2009 Planning Commission meeting:
1. Street renaming request received from the Shakopee Mdewakanton Sioux Community
2. Consideration of an application for an Ordinance Amendment to allow an Interim Use in the
C-2 Zoning District.
7. Adjournment:
The meeting adjourned at 6:59 p.m.
Michelle Czycalla, Community Development Assistant
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