HomeMy WebLinkAbout5E Zoning Map Amendmentti
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Prior Lake_ MN 55372
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CITY COUNCIL AGENDA REPORT
MEETING DATE: SEPTEMBER 6, 2011
AGENDA M 5E
PREPARED BY: JEFF MATZKE, PLANNER
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION FOR AN AMENDMENT TO THE
ZONING MAP FOR APPROXIMATELY 15.5 ACRES OF PROPERTY
LOCATED NORTHEAST OF THE INTERSECTION OF CSAH 21 AND FISH
POINT ROAD FROM R -1 (LOW DENSITY RESIDENTIAL) TO C -2 (GENERAL
BUSINESS)
DISCUSSION: Introduction
Equity Properties LLC has submitted a request for an amendment to the Zoning
Map for approximately 15.5 acres of land located northeast of the intersection
of CSAH 21 and Fish Point Road.
The property area is currently zoned R -1 and is designated C -CC (General Re-
tail Shopping) on the 2030 Comprehensive Plan Land Use Map.
Hi story
The 15.5 acre Zoning Map Amendment subject area is a portion of an approx-
imately 45.7 acre conceptual development previously brought before the Plan-
ning Commission and City Council. The City Council approved a Comprehen-
sive Plan Amendment to redesignate the 15.5 acre area from C -BO (Business
Park) to C -CC (Community Retail Shopping) on May 16, 2011. The conceptual
development plan proposes a mixture of commercial and residential uses, in-
cluding 15.5 acres of retail commercially zoned property, 67 single family lots,
and a park.
The entire 45.7 acre site is currently zoned R -1 (Low Density Residential). Eq-
uity Properties LLC is proposing the amendment to the Zoning Map in order to
allow C -2 (General Business) commercial uses within the southern portion of
the project site.
The Planning Commission held a public hearing on June 13, 2011 for the
Amendment to the Zoning Map. At that meeting the Planning Commission rec-
ommended approval of the Zoning Map Amendment.
Current Circumstances
Equity Properties LLC is proposing the amendment to the Zoning Map in order
to allow C -2 (General Commercial) zoned properties within the southern portion
of the project site.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The area of the Zoning Map Amendment request consists of
15.5 acres of the total 45.7 acres site.
Vegetation: There are a large number of significant trees located on the west
end of the site. Future development of the property will be subject to the Tree
Preservation Ordinance which will be reviewed as part of a proposed plat appli-
cation.
Wetlands: The site is subject to the provisions of the State Wetland Conserva-
tion Act. A specific delineation will be required as part of any plat application.
Access: Access to this property will be from extensions of existing Fish Point
Road and Credit River Road.
Utilities: Sewer services will be available from the existing lift station, south-
east of the site. Water services will be available from the north and south
through the extension of Fish Point Road.
Adjacent Land Use and Zonina:
ISSUES: The developer is proposing to develop this overall site with a mix of commercial
and residential uses. The proposed Zoning Map Amendment is consistent with
this overall development proposal.
The developer has submitted a market study which supports the placement of
retail commercial services in the area. The study states "limited convenience
retail and small service offices" are among the appropriate uses for the site.
Currently there are no planned neighborhood or general business uses (C -1 or
C -2 Zoning Districts) in the immediate area that would serve the existing resi-
dents, as well as future residents and employees of the surrounding area.
While the City of Prior Lake has approximately 149 acres of C -CC (Community
Retail Shopping) designated land throughout the community, there are there
Existing Use
Land Use
Zoning
Designation
North
Single Family Homes
R -LD
(Urban Low Density Resi-
R -1
(with PUD Overlay Dis-
(Cardinal Ridge Development)
dential )
trict
County Hwy 21 &
County Right -of -Way &
C -3
South
Business Office Park uses
C -BO
(Business Park)
(Waterfront Passage Develop-
(Business Office Park)
ment
Vacant Land, City Main-
R -LD
R -1
East
tenance Shop, & Church
(Urban Low Density Resi-
(Low Density Residential)
Property
dential) I -PI
1 -1
Planned Industrial
General Industrial
Single Family Homes, City
R -LD
R -1
West
Park
(Urban Low Density Resi-
(Low Density Residential)
(Credit River Road & Brooksville
dential)
Hills Park
ISSUES: The developer is proposing to develop this overall site with a mix of commercial
and residential uses. The proposed Zoning Map Amendment is consistent with
this overall development proposal.
The developer has submitted a market study which supports the placement of
retail commercial services in the area. The study states "limited convenience
retail and small service offices" are among the appropriate uses for the site.
Currently there are no planned neighborhood or general business uses (C -1 or
C -2 Zoning Districts) in the immediate area that would serve the existing resi-
dents, as well as future residents and employees of the surrounding area.
While the City of Prior Lake has approximately 149 acres of C -CC (Community
Retail Shopping) designated land throughout the community, there are there
are only 5.5 acres of property in the southeast quadrant of the City (along the
County Hwy 21 corridor east of MN Hwy 13) currently designated for C -2 uses.
In additional, 56 acres of land designated for C -3 (Business Office Park) are
located immediately south of the site (across Cty Hwy 21).
The following is a list of uses allowed within the C -2 (General Business) Zoning
District:
C -2 GENERAL BUSINESS
Permitted Uses
Uses Permitted by CUP
Libraries
Motor Fuel Station
Museums
Motor Vehicle Sales
Open Space
Motor Vehicle Service & Repair
Police/Fire Stations
Restaurants With Liquor
Parking Business
Clubs & Lodges With Liquor
Banks
Shopping Centers Over 275,000 Square Feet
Gross Area
Medical/Dental Offices
Funeral Home
Accessory Uses
Office
Parking Lots
Service
Incidental Repair or Processin
Retail
Food Service
Business Trade Schools
Outdoor Seating & Service
Studio
Helistops which are subordinate to the princip-
al use
Showrooms
Bar (as accessory to a restaurant, hotel, private
entertainment, club, or lodge)
Permitted Uses with Conditions
Adult Day Care
Group Day Care/Nursery School
Public Service Structures
Animal Handlin
Appliance, Small Engine & Bicycle Repair
Clubs & Lodges without Liquor License
Food Service
In- Vehicle Sales or Service
Restaurants Without Liquor License
Dry Cleaning & Laundering With Route
Delive
Utility Substation
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 appro-
priate on the subject property and compatible with adjacent properties and
the neighborhood.
In this case, the area for which the rezoning is requested has changed. On
May 16, 2011 the City Council approved a Comprehensive Plan Amendment
from C -BO (Business Park) to C -CC (Community Retail Shopping). The re-
quest was forwarded on to the Metropolitan Council; and, on June 9, 2011, they
also approved the Comprehensive Plan Amendment. The rezoning will facili-
tate and encourage redevelopment of the site. Through anaylsis will need to be
taken as part of any future plat review, Site Plan Review, or Conditional Use
Permit process to assure the uses will be appropriate in respect to the future
adjacent residential neighborhood.
FINANCIAL Approval of the Zoning Map Amendment would allow the developer to pursue
IMPACT: their commercial development plans for the site for retail and convenience ser-
vices rather than office and business park uses. The City would acquire tax
base for either type of future commercial uses however the City may receive
the increased tax base sooner with the approval of the Zoning Map Amendment
given the current development proposal.
ALTERNATIVES: 1. Adopt a resolution approving the Zoning Map Amendment as requested.
2. Deny the Zoning Map Amendment on the basis that it is inconsistent with
the purpose and intent of the Zoning Ordinance. In this case, the Council
should direct the staff to prepare a resolution with findings of fact based in
the record for the denial of these requests.
3. Defer consideration of this item and provide staff with specific direction.
RECOMMENDED The Planning Commission and City Staff recommend Alternative #1. This ac-
MOTION: tion requires the following motion: A motion and second adopting a resolution
approving the Zoning Map Amendment to change the zoning of 15.5 acres of
the subject property from the R -1 (Urban Low Density Residential) to C -2 (Gen-
eral Business) Zoning District.
EXHIBITS: 1. Approval Resolution
2. Location Map
3. Current Development Plan
4. Proposed Zoning Map Amendment Plan
5. Market Study Report
PRto�
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4646 Dakota Street SE
Prior Lake. MN 55372
RESOLUTION 11 -xxx
A RESOLUTION APPROVING A PROPOSED AMENDMENT TO THE ZONING MAP FOR APPROXIMATELY
15.5 ACRES OF PROPERTY LOCATED NORTHEAST OF THE INTERSECTION OF CSAH 21 AND FISH POINT
ROAD
Motion By:
Second By:
WHEREAS, Equity Properties LLC has submitted an application for an amendment to the City of Prior
Lake Zoning Map to change the designation of approximately 15.5 acres of a property
located northeast of the intersection of CSAH 21 and Fish Point Road. The property is
legally described as follows:
(PID # 25- 901 - 011 -3)
All that part of the West one -half of the West one -half of the Southeast Quarter of
Section 1, Township 114, Range 22, Scott County, Minnesota, lying northerly of the
northerly right -of -way line of the (Now abandoned) Chicago, Milwaukee and St.
Paul railroad right -of -way.
TOGETHER WITH:
All that part of the Southwest Quarter of Section 1, Township 114, Range 22, Scott County,
Minnesota, described as follows:
Commencing at the Southeast corner of said Southwest Quarter; thence North 00 degrees 03
minutes 42 seconds East, assumed bearing, along the east line of said Southwest Quarter a distance
of 1140.23 feet; thence North 62 degrees 31 minutes West a distance of 838.58 feet; thence North 50
degrees 32 minutes 00 seconds West a distance of 390.62 feet to the point of beginning of the land to
be described; thence South 50 degrees 32 minutes 00 seconds East a distance of 100.00 feet;
thence North 39 degrees 08 minutes 00 seconds East a distance of 208.00 feet; North 50 degrees 32
minutes 00 seconds West a distance of 362.00 feet; thence North 05 degrees 11 minutes 15 seconds
West a distance of 83.56 feet more or less to the most easterly corner of Lot 5, Block 1,
BROOKSVILLE HILLS EIGHTH ADDITION, Scott County, Minnesota, the same being located along
a line drawn from a point distant 720.00 feet (as measured along said right -of -way) from the point of
intersection of the northerly right of way line of the now abandoned Chicago, Milwaukee and St. Paul
Railroad with the north line of said Southwest Quarter, to a point on the north line of said Southwest
Quarter distant 900.00 feet easterly of the intersection of said north line with said railroad right -of-
way; thence northeasterly along aforedescribed line to said point on the north line of said Southwest
Quarter distant 900.00 feet easterly of said intersection; thence easterly along said north line to the
northeast corner of said Southwest Quarter; thence southerly along the east line of said Southwest
Quarter to the north line of said now abandoned railroad right -of -way; thence northwesterly along said
railroad right -of -way to the intersection with a line drawn South 39 degrees 08 minutes 00 seconds
West from the point of beginning; thence North 39 degrees 08 minutes 00 seconds East a distance of
28 feet more or less to the point of beginning.
WHEREAS, Legal notice of the public hearing was duly published and mailed in accordance with
Minnesota Statutes and Prior Lake City Ordinance; and
CADocuments and Settingslcgreen\My DocumentslSharePoint DraftsTagle Creek Estates - Rezone cc resolution 090611.doc
WHEREAS, The Planning Commission conducted a public hearing on June 13, 2011, for those
interested in this request to present their views; and
WHEREAS, The Planning Commission recommended approval of the proposed Zoning Map
Amendment on the basis the proposed C -2 (General Business) Zoning District
designation for the area is consistent with the purposes Zoning Ordinance; and
WHEREAS, On September 6, 2011, the Prior Lake City Council considered the proposed amendment
to the Zoning Map to designate the southwestern 15.5 acres of the above described
property to C -2 (General Business) Zoning District; and
WHEREAS, The City Council received the recommendation of the Planning Commission to approve
the proposed Zoning Map Amendment; and
WHEREAS, The City Council has carefully considered the testimony, staff reports and other pertinent
information contained in the record of decision of this case.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The proposed amendment to the Zoning Map to designate the above described property area as part of
the C -2 (General Business) Zoning District, is hereby approved.
PASSED AND ADOPTED THIS 6th DAY OF SEPTEMBER, 2011.
YES NO
M ser
Myser
Erickson
Erickson
Hedber
— Hedberg
Keeney
Keene
- Soukup
Souku
Frank Boyles, City Manager
2