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Home My WebLink About9A - 4636 Colorado Zone Change MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: -~. DISCUSSION: CITY COUNCIL AGENDA REPORT FEBRUARY 7, 2000 9A JENNI TOVAR, PLANNER DON RYE, PLANNING DIRECTOR O~ CONSIDER APPROVAL OF ORDINANCE OO~ APPROVING A ZONE CHANGE TO THE C-3 DISTRICT ON PROPERTY LOCATED AT 4636 COLORADO STREET History: Benjamin and Marilyn Giwojna have filed an application for a Zone Change for the property located at 4636 Colorado Street. The request is to rezone the property from residential R-2 (Low to Medium Density Residential) District to commercial C-3 (Specialty Use Commercial) District. The Planning Commission considered this proposal at a public hearing on January 10,2000. The Planning Commission voted to recommend approval of rezoning this property to the C-3 District on the basis that the C-3 district is consistent with the Comprehensive Plan designation of C- TC (Town Center), and with the permitted use of the property. The Planning Commission concurred with staff that this property has been incorrectly zoned, as indicated on the zoning map. A copy of the minutes of the Planning Commission meeting of January 10,2000, are attached to this report. Current Circumstances: The existing land use is commercial (T-shirts and More). The structure was built in 1935. Previous uses include a limousine service and automobile repair shop. The building has been used for commercial purposes since its construction. The previous zoning was R-2. The existing printing/graphics shop is consistent with the proposed zoning and is a permitted use under the proposed C-3 zoning district. The property to the east is zoned C-3. The use is a commercial office structure. The property to the west is zoned R-2. There is a single- family residence on the lot. The property is bounded by CSAH 21 on the north and Colorado Street on the south. 1:\99fi1es\99rezone\99-094\99094cc.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER .. "' r .. -. .,- ... i -~. FISCAL IMPACT: ALTERNATIVES: This property is designated for Town Center Commercial uses on the 2020 Comprehensive Plan Land Use Map. The existing use is consistent with the Comprehensive Plan Land Use designation. The Issues: 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. It appears this property has been improperly zoned for many years, because its actual existing use is and has been commercial. This application would make the use conforming under the Zoning Ordinance. The proposed c-3 zoning designation is also consistent with the Comprehensive Plan. Conclusion: The proposed C-3 district is consistent with the Comprehensive Plan Land Use designation. The Planning Commission and the staff recommend approval of the C-3 district. Budflet Impact: There is no direct budget impact involved in this request. The City Council has three alternatives: 1. Adopt Ordinance oo-xx approving the Zone Change to the C":3 district. 2. Continue the review for specific information or reasons per City, Council discussion. 3. Find the zone change inconsistent with the purpose and intent ofthe Comprehensive Plan and the Zoning Ordinance and deny the request. In this case staff should be directed to prepare a resolution with findings of fact. 1:\99fi1es\99rezone\99-094\99094cc.doc Page 2 RECOMMENDED MOTION: REVIEWED BY: -~. The staff recommends Alternative #1. A motion and second to adopt Ordinance OO-XX rezoning this property to the C-3 (Specialty Use Commercial) district is required. Because this request is a rezoning by statute, this action requires approval by 2/3 of the City Council. 1:\99files\99rezone\99-094\99094cc.doc illT Page 3 ......-r CITY OF PRIOR LAKE ORDINANCE NO. OO-XX AN ORDINANCE AMENDING SECTION 1101.700 OF PRIOR LAKE CITY CODE AND THE OFFICIAL ZONING MAP FOR THE CITY OF PRIOR LAKE Based on the following findings of fact, The ar~a, as presently zoned, is inconsistent with the policies and goals of the Comprehensive Plan or the land was originally zoned erroneously due to technical or administrative error. The structure was built in 1935 as a commercial building. The structure has always been used for commercial operations. The current use in a commercial printing shop. The existing commercial use is consistent with the Comprehensive Plan and the current Zoning of R-2 (Low to Medium Density Residential) appears to be an error as the property to the west is zoned R-2 and the property to the east is Zoned C-3. The City Council of the City of Prior Lake does hereby ordain: 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-2 (Low to Medium Density Residential) to C-3 (Specialty Use Commercial). LEGAL DESCRIPTION: Lot 11, Block 13 and the East 28 feet of Lot 12, Block 13, Original Townsite of Prior Lake, Scott County, MN. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 7th day of February 2000. ATTEST: City Manager Mayor \\fs \ \sy~dept\planning\99fi1es\99rezone\99-094\ordOO-xx.doc Page 1 16200 Eagle creeR Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER T' T" -_.-. --'--'-T- -1--- Published in the Prior Lake American on the 12th day of February, 2000. Drafted By: Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 -~. -~. \ \fs I \sys\dept\p Iann ing\99fi les\99rezone\99-094\ordOO-xx.doc Page 2 ;..~ 4636 Colorado Street 10 RLS. 2 PLEASANT AV. 22 21 20 19 18 17 ui l/l ~ g ..J ::l o L- 300 600 900 Feet ~ N 1T1 .--..-..--.......'-..---.! PLANNING COMMISSION MINUTES MONDAY, JANUARY 10,2000 1. Call to Order: The January 10, 2000, Planning Commission meeting was called to order by Chairman Stamson at 6:33 p.m. Those present were. Commissioners Cramer, Criego, Stamson and V onhof, Planning Director Don Rye, Planner Jenni Tovar, Zoning Administrator Steve Horsman and Recording Secretary Connie Carlson. 2. Roll Call: V onhof Criego Cramer Stamson Present Present Present Present -~. 3. Approval of Minutes: The Minutes from the December 13, 1999, Planning Commission meeting were approved as presented. 4. Public Hearings: A. Case File 99-094 - Benjamin and Marilyn Giwojna are requesting a zone change from the R2 District (Low to Medium Residential) to the C3 District (Specialty Business Use) for the property located at 4636 Colorado Street. Planner Jenni Tovar presented the Planning Report dated January 10, 2000, on file in the Planning Department. Benjamin and Marilyn Giwojna have filed an application for a Zone Change for the property located at 4636 Colorado Street. The request is to rezone the property from the R-2 (Low to Medium Density Residential) District to the C-3 (Specialty Use Commercial) District. . Staff felt this property has been improperly zoned for many years, because its actual use is and has been commercial. This application would make the use conforming under the Zoning Ordinance. The proposed C-3 zoning designation is also consistent with the Comprehensive Plan. Staff recommended approval of the request. Comments from the public: Bruce Tilseth, 4636 Colorado Street, explained the zoning issue came up with a request for a sign permit. It was discovered during this process the property was improperly zoned. Mr. Tilseth said he was also representing the owner, Mr. Giwojna, who was L:\OOFILES\OOPLCOMM\OOPCMIN\MNO 11 OOO.DOC 1 J Planning Commission Minutes January 10.2000 recovering from an illness. Mr. Giwojna has owned and leased the building since 1978 and would like the property to come into compliance with the rest of the area. Pat Heaney, 4642 Pleasant Street, stated he had no problem with the request. Mr. Heaney questioned the zoning in the area. Another concern was for the VFW/Municipal parking lot. He explained noise is sometimes a problem and questioned who would handle his concerns. (Stamson responded if it is noise to contact the police departmellthRye spoke on the zoning.) Mr. Heaney also said most of his neighbors had no proqlsmg':Wlth the request and anticipated the whole stretch of property would be chang;.q~~::!:;,::.. . . <t:l:,4ijJw:'::q~~j;jjfi:t~h. The pubhc heanng was closed. Vt1~f ":*fzf@~)> ;:;;:::mW::l::~:~:O:::: ~ ~ · Questioned the joining property. Tovar said all the ~tHi.trP1gperti~~ are C3 and R2. · No problem with the request. '><:;~~t~~~t::::.. "~:~~~ila~M~i> There were no other comments from the : lSStpners. iN"" ,~~~~ "'>:*::~}:~f.JI~tli;!:jIlb::,::::::.:.::&.' 4jF MOTION BY VONHOF, SECOND BY CRIEGOl'TO RE@IDMMEND APPROVAL OF THE ZONE CHANGE FROMtfHE.. R-2 (MEDiUM DENSIty RESIDENTIAL) DISTRICT TO THE C-3 .($PECiXiIwy USE CQfr[MERCIAL) DISTRICT. . ,laW:>' '~~~f ~'~h::::S> Vote taken indicate~kiJi~, by all. .:htOTION C~D. !$:Y "%{~j~~!~k:, A~~i:;j~~~I~:rfil~~~~l~~mitJ!:~f:i' B. Case File 99-100 .!~llUl~rest Hoiii:es~]s requesting a setback variance to permit side yard setbae.ks..-1ess thaiFlh~,required 10 feet and a 5 foot setback for sidewalls . ...:.l"::~::::~: :-.- .<::;:::~~:~::~::.. .:-. eXCeedl!!g~'O" ..: ....~ prope'i!M~ilgpated at 16340 Park Avenue. &~~~f~~~~~?~". .:~;~~~~~~~~~~~; J~~~f:}~::" ZqJijpg,Administrator stiY.~ Horsman presented the Planning Report dated January 10, 26fj6~~~R\\tPe in the offic~i:gf the Planning Department. "~$,l~it~$t~:~.. ii~~l The Plann1hj,:~1i?~artIrl#.!if received a variance application from Hillcrest Homes, Inc., proposing to'<'8.trua~~:~ single family home with attached garage. Lot 7, Lakeside Park is a substandar~rlt*gf record and is allowed one 5 foot side yard setback. . However, the '&:.::::t' building wall is':t>'5 feet in length and code requires that 2 inches per linear foot shall be added to the setback for building walls over 40 feet in length [City Code Sec. 1102.405 (6)]. The applicant is requesting the following variances: 1. A 4.08 foot Variance to permit a side yard setback of5.08 feet instead ofthe required 9.16 foot side yard setback for a building wall 65 feet in length [Code Sec. 1102.405(6)]. 1:\OOfiles\OOplcomm\OOpcmin\mnOll000.doc 2 lT1 u---r-----.----r