HomeMy WebLinkAbout8B Comp Plan Amend-Kestrel
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AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
ALTERNATIVES:
STAFF AGENDA REPORT
#B~I'T A'. t' PI " D' t
air remere, c Jng annlng Irec or
Kestrel Properties. Request for Comprehensive Plan Amendment and
Rezoning,
October 3, 1994
The Planning Commission at its September 15, 1994 meeting
recommended approval of the applicant's request for an amendment to
the Comprehensive Plan and for rezoning regarding property at the
southwest corner of Brunswick Avenue and Franklin Trail. The
Comprehensive Plan classifies the 1,5 acre corner parcel as
"Commercial" and the request is to classify it "High Density Residential."
Corresponding zoning is B3, and the proposed zoning would be R3,
The City Council had informally reviewed the proposal regarding this
property last Spring at the applicant's request; at that time, the Council
expressed concern about the depletion of properties zoned commercial.
The Planning Commission also reviewed this matter informally earlier this
year, and concluded that the reguiding and rezoning would not have an
adverse impact upon the City's stock of commercial land. The
Commission and Council have the benefit of the June, i 994 Report
regarding opportunities for commercial industrial land; that report
indicates that there are a number of commercial development
opportunities in the future.
The considerations by the Planning Commission are reflected in the
attached Planning Report and Planning Commission Minutes. While Staff
received a few telephone calls from neighbors, there was no one present
at the hearing other than the Petitioner.
1, Approve the Comprehensive Land Use Guide Plan Amendment and
the Rezoning as requested (Note: The zoning of the property is and
should be consistent with the guiding; thus, the two requests should be
considered jointly),
2. Defer action on the request to obtain additional information from the
applicant and/or Staff. The zoning ordinance requires the Council to act
upon the application within 60 days after receiving the recommendation of
the Planning Commission.
3. Deny the Comprehensive Land Use Guide Plan Amendment and the
Rezoning Request citing specific reasons (Note: since the items are
interdependent, the reasons for denial would primarily relate to the
4629 Dakota St. S.E" Prior Lake, Minnesota 553??~1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPdRTUNITY EMPLOYER
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guiding issue, and the main reason for the denial of the rezoning would
be that the guiding was not being amended and therefor the proposed
zoning would not be consistent).
RECOMMENDATION: Staff recommends alternative #1 consistent with the Planning
Commission's recommendation. The Commission's findings are included
on the attached draft Resoluti9ljl; also attached is the Ordinance
approving the reZOnin(? .
REVIEWED BY:
Attachments
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'009413"
CITY OF PRIOR LAKE
ORDINANCE NO. 94-13
AN ORDINANCE Ai\1ENDING PRIOR LAKE CITY CODE SECTION 5-2-1 AND
PRIOR LAKE ZONING ORDINANCE NO. 83-6 SECTION 2.1.
The Council of the City of Prior Lake does hereby ordain:
The Prior Lake Zoning Map, referred to in Prior Lake City Code Section 5-2-1 and Prior Lake
Zoning Ordinance No. 83-6 Section 2.1, is hereby amended to change the zoning classifications
of the following legally described property from B-3, General Business to R-3, Multiple
Residential.
LEGAL DESCRIPTION:
Lot 19, Block 6, Prior South, Scott County, Minnesota according to the recorded plat
thereof.
This ordinance shall become effective from and after its passage and publication,
Passed by the City Council of the City of Prior Lake this 3rd day of October, 1994.
ATTEST:
City Manager:
Mayor:
To be published in the Prior Lake American on the 8th day of October, 1994.
Drafted By:
Lommen, Nelson, Cole & Stageberg, P.A.
1800 IDS Center
Minneapolis, Minnesota 55402
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RESOLUTION 94-57
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL TO AMEND THE
LAND USE MAP OF THE YEAR 2000 COMPREHENSIVE PLAN.
MOTION BY: SECONDED BY:
WHEREAS: The Planning Commission held a public hearing on Thursday, September 15. 1994 to
consider the request by Kestrel Properties to amend the Comprehensive Plan, Land Use
Map to change the designation of "Lot 19. Block 6, Prior South. Scott County. Minnesota
according to the recorded plat thereof from "Commercial" to "High Density Residential";
and,
WHEREAS: notice of the public hearing before the Planning Commission was duly published and
posted in accordance with the applicable Minnesota Statutes; and.
WHEREAS: the Planning Commission recommended approval of the request: and.
WHEREAS: the Commission findings are: the request is consistent with the Comprehensive Housing
Plan and with the character of the area, and there would be no negative impact upon the
generaL health. and welfare;
WHEREAS: the City Council held a public meeting on October 3. 1994 affim1ing the findings of the
Planning Commission,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR
LAKE, MINNESOTA, that it should and hereby does approve the minor Comprehensive Plan
Amendment to redesignate the aforementioned property from Commercial to High Density
Residential Land Use, subject to approval of the Metropolitan Council.
Passed ami adopted this 3rd day of October, 1994,
Yes
No
Andren
Greenfield
Kedrowski
Schenck
Scott
Andren
Greenfield
Kedrowski
Schenck
Scon
{Seal)
Frank Boyles
City Manager
City of Prior Lake
4629 Dakota St. S,E" Prior Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PlANNING COMMISSION
MINUTES
September 15, 1994
The Septemrer 15, 1994, Planning Commission Meeting was called to order by Chairman Vo at 7:00
p,m. Those present were Commissioners Roseth, Arnold, Loftus, Vonhof, and Acting PI . g Director
Blair Tremere, Assistant City Planner Deb Garross, Associate Planner Gina Mitchell, d Secretaries
Connie Carlson and Rita Schewe. Commissioner Kuykendall arrived at 7: 15 p,m.
ITEM a -REVIEWMINUfFS OF PREVIOUS 1.\1.EIi;1lNG
MOTION BY ARNOlD, SECOND BY ROSETH, TO APPROVE THE AS WRITTEN.
Vote taken signified ayes by Arnold, Roseth, Loftus, and Vonhof. M CARRIED.
Discussion followed on prioritization of Planning Departm Project Report. Acting Planning Director
Blair Tremere stated that as projects are fInished or new p 'cts are identified the report will be updated.
MOTION BY ARNOlD, SECOND BY LOFI1JS, 0 RECOrvrMEND TO THE CITY COUNCIL TO
SUPPORT'TIlE PLANNING DEPARTMENT PR cr REPORT' AS SUBMllllill.
1- WH
kendall, Roseth and Vonhof. MOTION CARRIED.
Vote taken signified ayes by Arnold, Loftus,
Acting Planning Director Blair Tre introduced William Thibault of Thibault Associates and stated the
preliminary review session of th Ciraft housing element 2010 Comprehensive Plan is intended to be the
opportunity for the Commissio , Staff, and Consultant to discuss the information and the format as a means
of crafting an understandabl , meaningful document
Thibault presented draft comprehensive housing plan and review of the housing stock including
overheads on resid tial units, multiple family developments, tenancy, housing condition summary,
neighborhood blo groups, population, employment, and building permit values.
Due to a pu c hearing being scheduled at 8:00 p.m., this item was continued to the end of the meeting.
Recess as called at 8:27 p.m. The meeting reconvened at 8:34 p.m.
ITEM II - PUBliC HEARING - COMPREHENSIVE PLAN AMENDMENT AND RRZONING
APPLICATION FOR MARVKOTEK OF KFST'RRT, PROPERIlES
The public meeting was called to order at 8:35 p.m. by Chairman Vonhof.
PLANNING COMMISSION
September 15, 1994
Page 1
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Wallace Johnson, 7815 133rd St West, Apple Valley, representing Kestrel Properties, requested approval of
a minor amendment to the Comprehensive Plan and a rezoning which is needed to allow the development
of a 48 unit multiple family complex on the property located at the southwest comer of Brunswick Avenue
and Franklin Trail.
Acting Planning Director Tremere presented the information as per Planning Report of September 15, 1994.
The Comprehensive Plan classifies the 1.5 acre comer parcel as a cOl11Irel"Cial zone. The request is to
reclassify to High Density Residential. The applicant proposes to combine this property with the adjacent
approximate 2 acre parcel to the south, which is currently zoned R-3, multiple residential.
Recommendation from Staff is to recoITIIreIld to the City Council to approve the Comprehensive Land Use
Guide Plan amendment and rezoning.
Chairman Vonhof opened the public hearing. There were no comments from the audience.
Discussion from the Commissioners included: spot zoning; cOl11Irel"Cial zone to to multi-residential zone;
loss of 1.5 acres of commercial land in this area would have a minimal impact on the City; and rezoning to
residential would be consistent with the area All Commissioners felt it was appropriate to rezone and
promote additional affordable housing opportunities.
Acting Planning Director Tremere and Assistant Planner Deb Garross stated they received several phone
calls concerning to the project. The general concern was of concentration a of multi-family development,
problems with existing townhomes to the south of the subject site, and questions as to whether or not the
City can require that the units be owner-occupied.
Johnson stated there would be an on-site manager. The proposal is to put up a fence and keep the site well
maintained. He would be willing to talk to the neighborhood residents about their concerns.
MOTION BY LOFTIJS, SECOND BY ARNOLD TO RECOMMEND TO THE CITY COUNCIL
APPROVAL OF A MINOR AMENDJ\1ENT TO THE COMPREHENSIVE PLAN TO CHANGE THE
LAND USE DESIGNATION OF 1.5 ACRES OF CON1iv1ERCIAL LAJ.'ID TO MULTIPLE
RESIDENTIAL. RATIONALE BEING THAT THE PROPOSAL IS CONSISTENT WITH EXISTING
HOUSING POliCIES OF THE CO.iv1PREHENSIVE PLAN, AND CHARACfER OF THE EXISTING
AREA AND THERE WOUlD BE NO NEGATIVE IMPACf ON THE GENERAL REAL1H AND
WELFARE OF THE COMMUNITY
Vote taken signified ayes by Roseth, Kuykendall, Loftus, Arnold and Vonhof. MOTION CARRIED.
MOTION BY LOFTIJS, SECOND BY ARNOLD TO RECOMMEND TO CITY COUNCIL TO
APPROVE THE REZONING REQUEST FROM B-3, LTh1lTED BUSlNESS TO R-3 MULTIPLE
RESIDENTIAL. RATIONALE BEING THE PROPOSAL IS CONSISTENT WITH EXISTING
HOUSING PLAN, AND CHARACfER OF THE EXISTING AREA AND THERE WOUlD BE NO
NEGATIVEIMPACf ON THE GENERALHEAL1HANDWELFARE OF THE COMMUNITY
Vote taken signified ayes by Roseth, Kuykendall, Loftus, Arnold and Vonhof. MOTION CARRIED.
MOTION BY LOFTIJS, SECOND BY ARNOLD TO CLOSE PUBliC HEARING.
Vote taken signified ayes by Roseth, Kuykendall, Loftus, Arnold and Vonhof. MOTION CARRIED.
ITEMI. .
AnON. REVIEW HOUSlNG PLANDRAFf.
Ian with William Tlnbault at 9: 19 p.m.
PLAN COMMISSION
Septem6 5, 1994
Page
lnformati presented included overheads of density of IIlajor new developments and price ranges. A
housing go would be to encourage development., preservation and enhancement of residential
neighborhoods . focus on the City's lakes, woods and natural amenities.
Cornrrents from the ommissioners included: what the comm.mity should look like in the future; should
the comm.mity seek ersity; what guides the housing plan; goals and a vision should be established for
the community before re . ing housing goals ; and what information is needed to respond to Metropolitan
Council.
M:t Thibault and Acting Direc r Tremere explained that the Commission's input would be used to develop
a revised draft. That will be res mitted for staff and commission review in preparation for the required
public hearing. The intent is to inc de the Plan with the updated Comprehensive Plan next spring.
Acting Director Tremere recommended th the October 6 and 20, 1994 meeting dates be changed to
October 13 and 27, 1994,
01HERBUSINESS:
Vote taken signified ayes by Loftus, Arnold, Roseth, Kuykendall and onhof. MOTION CARRIED.
Secretary Rita Schewe to recognized her efforts
Commissioners agreed to make the change.
The Planning Commission presented a plaque to Reeo
for the City of Prior Lake.
MOTION BY LOFIUS SECOND BY KUYKENDAHL TO
The meeting adjourned at 10:25 PM. Tapes of the meeting are on fIle at . Hall.
Blair Tremere
Acting Planning Director
Rita M. Sch M/e
Connie Car-Iso
Recording Secre
PLANNING COMMISSION
September 15. 1994
Page 3
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'RZ05PC'
PLANNING REPORT
9RESENTER:
PUBLIC HEARL'iG
DATE:
2
KESTREL PROPERTIES-CONSIDER COMPREHENSIVE
PLAN AMENDMENT AND REZONING
BLAIR TREMERE, ACTING PLANNING DIRECTOR
XYES _NO
SEPTEMBER 15, 1994
AGENDA ITEM:
SUBJECT:
INTRODUCTION:
The applicant requests approval of an amendment to the Comprehensive Plan and of the rezoning
which are needed to allow development of multiple family dwellings on the property at the
southwest comer of Brunswick Avenue and Franklin Trail.
The Comprehensive Plan classifies the 1,5 acre comer parcel as "Commercial" and the request is
to classify it "High Density Residential", The corresponding zoning is B-3, and the proposed
zoning would be R-3,
The applicant proposes to combine this propeny with the adjacent approximate 2 acre parcel to
the south, which is zoned R-3, to create a site for the 48 units in four buildings.
DISCUSSION:
The issues before the Commission are a Comprehensive Land Use Guide Plan amendment and a
('ezoning, The applications are not for site and building plan approval or any other zoning
consideration. The proposed use is permitted in the R-3 disnicL Any permitted or conditional
use allowed in the R-3 disaict could develop on this site, subjeCt to applicable ordinance
standards.
The area around the site includes single family residences across Brunswick Avenue to the east;
R-3 (multiple family) land across Franklin Trail [0 the nonh; commercial land with an office
building: and day care center across Franklin Trail to the north west; commercial land with a tire
and towing film and outside storage adjacent to the west: and vacant B-3 commercial land
adjacent to the southwest.
Land use guide plan amendments requi.re an area view, The corner property is an e:<.tension of
the 8-3 property to the west and southwest. While there is vacant and developed residential land
to the north, east, and SOuth, the character of the area and of the site is as commercial as it is
residential.
Effective physical o.'ansition between the residential and commercial properties can be provided
in several ways: the best way is a matter of one's perspective. Public streets serve as transition
devices by providing pelmanent spatial separation. Here, Brunswick Avenue separates a
commercial and a multiple residential property from single family residences.
4629 Dakota St. S,E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY S"IPLOYER
,.
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Srreets, however, also provide access; thus, from the perspective of the single family home
residents, the use of the streets by commercial development may cancel some of the transition
benefic. The ll"'lffic generated by a multiple family development is of different character than that
typically found with a commercial (retail) use, and thus the rransition value of the street here
would nor significantly diminish.
The site itself serves as a transition, between the single family residences to the east and the
commercial development and land to the west, but the transition point between commercial and
residential is now the west property line of the proposed apartment site. The residents of the
future apartments--and of the existing apartments to the south--will not have the benefit of a
street for transition.
Instead, the burden of providing transition belongs to the apartment developer and/or the owners
and future developers of the commercial properties to the west. The D:ansirion for the apartment
residents could inc lude fences, landscaping. plivate open space, accessory buildings, or a
combination of elementS.
The proposed classification is compatible with the character of the a.rea, and at this time, there is
not 1n over-abundant supply of developable (free of major physic11 conso:aims and inside tbe
cunene Meu'opoliw,n urban Service Area) land in the multiple dwelling classification, The
change from commercial would have negligible impact upon the area and the City, given the size
of the property and the character of this area.
It is appropliate to consider whether requests for plan and zone classification changes constitute
"spoc" planning or zoning (changing classifications for economic or reasons other than sound
planning :.lnd on :.l basis that does not account for area character and design,
This proposal docs Jppe1rS to have merit based upon sound planning principles. in that the
char:.lcter of the J.re:.l is supponive of uses that would be allowed (permitted and conditional) in
the R-3 district. The City Engineer finds that the change of classificJ.tion would not have
den'imemal impact upon utilities or upon the street system.
Duly noticed public he:.lrings have been scheduled, as required by City Ordinance and by State
L.lW,
AL TER:"iAT1VES:
1. Recommend approval of the Comprehensive Land Use Guide Plan Amendment
and the Rezoning as requested (Note: the zoning of the property is and should be
consistent with the guiding; thus, the twO requests should be considered jointly).
It would be appropliate to include findings such as, but not . limited to:
compatibility with the character of the area~ promotive of providing housing
opportunities. especially as an "in-till" development in an older developed area
with in-place infrastructure and amenities; and no negative impact upon City
infra::mucture and facilities.
., Defer action on the requests to obtain additional information from the applicant
and/or staff, The Zoning Ordinance requires the Commission to report its
recommendation to the City Council within 60 days of the public healing.
3. Recommend denial of the Comprehensive Land Use Guide Plan Amendment flnd
the Rezoning requests, citing specific reasons (Note: since the items are
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inter-dependent, the reasons for denial would primarily relate to the guiding issue.
and the main reason for the denial of the rezoning would be that guiding was not
being amended and, therefore, the proposed zoning would not be consistent.
RECOMMENDATION:
Staff recommends Alternative No.1. subject to the input from the public hearing and the
Commission deliberation. The character of the area and the size of the property make these
changes feasible. and the available infra-srructure will support the uses allowed in the R-3
district.
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CITY OF PRIOR LAKE
NOTICE OF MINOR COMPREHENSIVE PLAN AMEl'll)MENT
PUBLIC HEARING
You are hereby nocified that the Planning Commission will hold a Public Hearing in the Plior
Lake City Council Chambers at 4629 Da...1.(ora Su'eet S.E.. on Thursday, September 15, 1994 at
8:30 p.m.
The purpose of the he:.lring is to consider a minor amendment to the Prior Lake, Ye:lr 2000
Comprehensive Plan. The proposal is to change the Land Use Map designacion of abom 1.5
acres of land from Commercial co High Density Residential land use.
LEGAL DESCRIPTION:
Lot 19. Block 6. Plior Somh
Or more commonly de;:;cribed as: Approximately 1.5 acres of land located southwest of the
intersection of Franklin Trail and Brunswick Avenue.
If you desire co be heard in reference to this matter, you should attend this public heming. The
Planning Commission will accept oral and or wlitten comments. If YOLl have questions regarding
this maner. cont~Ct the Plior La..l(e Planning Department at 447 -4230,
!
C)).1(ju-I{j~V
Deb GaITOSS
Assistant City Planner
Date Mailed: August 31, 1994
To be published in the Prior Lake American on Saturday, September 3 and 10, 1994.
4629 Dakota St. S,E,. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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CITY OF PRIOR LAKE
NOTICE OF REZONIN'G PUBLIC HEARING
You are hereby notified chat che Planning Commission will hold a Public Hearing in che Prior
Lake City Council Chambers at 4629 Dakota Street S.E., on Thursday, September 15, 1994 :1t
8:30 p.m.
The purpose of me he:lring is co consider rezoning che following legally desclibed propeny ti'om
B-3, General Business co R-3. Multiple Residential:
LEGAL DESCRIPTION:
Lot 19, Block 6. Plior South
Or more commonly described as: Approximately 1,5 acres of land located southwest of [he
intersection of Franklin Trail and Brunswick Avenue.
If you desire to be he:lrd in reference [0 this matter, you should attend this public he3.1ing. The
Planning Commission will accept oral and or written comments. If you have questions regarding
chis matter, contact the Prior Lake Planning Deparunent at 447 -4230.
DJ-d d'L-!'.//!JY0
Deb Garross
Assistant City Planner
Date Majled: August 31. 1994
To be published in the Prior Lake American on Saturday, September 3 and 10, 1994.
4629 Dakota St. S,E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
A.N EQUAL OPPORTIJN11Y E:'4PLOYER
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OCT 03 '94 03:40PM RMT CHHNHHSSEN MFG ENG
p.2
OCT. 3,1994
8-D
CITY OF PRIOR LAKE
4629 DAKOTA ST. S.E.
PRIOR LAKE. MN 55372-1714
cc: CITY COUNCIL MTG. OCT. 3Rp. 1994
ATTENTION: DEB GARROSS
IN REFERENCE TO THE ATTACH NOTICE THAT WAS SENT TO COLONIAL ESTATES AND NOT
TO THE INDIVIDUAL PROPERTY OWNER OF COLONIAL ESTATES. 'TALKED TO YOU ON THE
PHONE PRIOR TO THE SEPT. 15TH MEETING.
I SAID THAT I WAS NOT IN FAVOR THE REZONING OF LOT 19, BLOCK 6 PRIOR SOUTH.
i SAID THAT THERE WAS TO MANY TIME THAT THE PRIOR SOUTH AREA IS IN THE PAPER NOW
FOR VANDALISM AND RELATED EVENTS.
I SAID THAT IF THE PROPERTY WAS TO BE SELF OWNED UNITS, THAT IT WOULD OK.
YOU TOLD ME THAT THE LOT NEXT TO COLONIAL ESTATES WAS ALREADY REZONED TO
MULTIPLE RESIDENTIAL.
BUT I KNOW THAT IT WAS REZONED FOR TOWNHOUSE UNITS NOT FOR AN APARTMENT
CPMPLEX.
THIS PROJECT WILL HAVE A VERY NEGATIVE IMPACT ON OUR PROPERTY VALUES.
I WILL NOT BE ABLE TO ATTEND THE OCT. 3RD. MTG. SO I'M SENDING YOU THIS LETTER.
VERY DISTURBED OVER CITY HALL
PAM PATCH
16754 BRUNSWICK AVE. S.E.
PRIOR LAKE, MN 55372
447.5989
.,.
.