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HomeMy WebLinkAbout5E Zoning Map Amendmentti PRro u 4646 Dakota Street SE Prior Lake_ MN 55372 �INlv�so� 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� U Fri 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