HomeMy WebLinkAbout9D 5333 160th St Rezone
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: MARCH 28, 2016
AGENDA #: 9D
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: JEFF MATZKE
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING AN AMENDMENT
TO THE 2030 COMPREHENSIVE LAND USE PLAN AND APPROVAL OF AN
ORDINANCE AMENDING THE OFFICIAL ZONING MAP RELATED TO PROP-
ERTY AT 5333 160TH STREET NE
DISCUSSION: Introduction
The purpose of this agenda item is consider a request from Steven Schneider for
an amendment to the Comprehensive Plan Land Use Plan and Zoning Map for a
1.10 acre property located at 5333 160th Street. The proposed amendments are
as follows:
Amend the 2030 Comprehensive Plan designation from R-LD (Urban Low
Density Residential) to C-CC (Community Retail Shopping)
Amend the Zoning Use District from R-1 (Low Density Residential) to C-
2 (General Business)
History
In 1965, the existing structure was constructed and the property has been utilized
for commercial land use ever since. Currently, the Eco Water/Metro South Water
operates from the site.
The Planning Commission held a public hearing regarding the 2030 Comprehen-
sive Land Use Plan and Official Zoning Map amendments on March 21, 2016.
Nearby residents expressed concerns over future land uses that would be al-
lowed in the C-2 Zoning District on the site, but they were not concerned with
current business operations on the site, including expansion. Following their dis-
cussion, the Planning Commission recommended approval of the requested
amendments.
Current Circumstances
The current owner of the property is pursuing sale of the site to the business
manager/owner of Eco Water/Metro South Water company. As part of the sale
the zoning designations are being requested for change in order to create a con-
forming zoning for the preexisting land use. The business has expressed interest
in expanding the structure on site and this expansion would be limited due to the
current nonconforming status of the land use on a residentially zoned property.
While not germane to this agenda item, expansion of the business could eventu-
ally be affected by the fact that the property has no municipal sewer system avail-
2
able nearby to serve it. The county has tested the septic system and it is compli-
ant at this time. If at some point in the future the sewer system ceased to function
or be complaint, in that event connection to city sewer may be necessary.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The area of the Comprehensive Plan Map Amendment and
Zoning Amendment request consists of 1.10 acres.
Wetlands: No wetlands exist on the site.
Access: Access to this property is from 160th Street NE (Cty Hwy 44).
Utilities: Water service is currently provided to the site. The site maintains a
private onsite septic service for waste disposal, which is designed for this use,
including an expansion per County regulations. Current City sewer services are
not immediately available to the site.
Adjacent Land Use and Zoning:
Existing Use Land Use Designation Zoning
North Cty Hwy 44 & Single
Family Homes
County Right-of-Way and
R-LD
(Urban Low Density Resi-
dential)
R-1
(Low Density
Residential)
South Single Family
Homes
R-LD
(Urban Low Density Resi-
dential)
R-1
(Low Density
Residential)
East Cemetery Property R-LD
(Urban Low Density Resi-
dential)
R-1
(Low Density
Residential)
West Apartment Buildings R-HD
(Urban High Density Resi-
dential)
R-3
(High Density
Residential)
Conclusion
The proposed C-CC and C-2 designations are consistent with these goals which
would allow the business to continue operations and allow for possible expansion
without the status of a nonconforming land use. This is not deemed to be “spot
zoning” because the area to the northwest has a similar mix of commercial and
high density residential land uses. The proposed amendments are consistent
with this recommendation. The map amendments would be contingent upon the
Metropolitan Council’s approval of the 2030 Comprehensive Map Amendment.
ISSUES: The Comprehensive Plan goals and objectives applicable to this request include:
GOAL: ECONOMIC VITALITY
OBJECTIVE No. 2: Encourage a diversified economic base and a
broad range of employment opportunities.
This objective of the Comprehensive Plan identifies the need to attract
businesses and services that will serve the surrounding area and remains
3
stable under changing economic conditions. This Comprehensive Plan
Amendment will allow for the continual use a development of a business on
the existing site.
Zoning Ordinance Amendment Findings
Subsection 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 redevel-
opment of the area, or
The permitted uses allowed within the proposed Use District will be appropri-
ate on the subject property and compatible with adjacent properties and the
neighborhood [THIS FINDING APPLIES)
In this case, the permitted uses allowed in the C-2 General Business District
would be appropriate on the property due its compatibility to High Density Resi-
dential directly to the west, and other commercial properties in the neighborhood
further to the northwest. A cemetery is directly to the east. The rezoning will
facilitate continued operations and an expansion of the current business on site.
The limited width of the property (100 feet) would very likely limit a more intensive
use of this site for commercial redevelopment. A thorough analysis will be taken
as part of any future Site Plan Review or Conditional Use Permit process to as-
sure the uses will be appropriate in respect to the future adjacent residential
neighborhood.
ALTERNATIVES: 1. Motion and a second to approve a resolution approving an amendment to
the 2030 Comprehensive Land Use Plan Map to change the designation
of the subject property from the R-LD (Urban Low Density) to C-CC (Com-
munity Retail Shopping).
2. Motion and a second to approve an ordinance amending the Official Zon-
ing Map from R-1 (Low Density Residential) to C-2 (General Business).
3. Motion and a second to table action and provide further direction to staff.
4. Motion and a second to deny one or both amendments based on findings
of fact.
RECOMMENDED
MOTIONS:
Alternatives #1 and #2
ATTACHMENTS: 1. Location Map
2. Comprehensive Land Use Plan and Zoning maps
3. C-2 Zoning District Land Use table
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 16-xxx
RESOLUTION APPROVING AN AMENDMENT TO THE 2030 COMPREHENSIVE PLAN LAND USE
MAP FOR PROPERTY LOCATED AT 5333 160TH STREET NE
Motion By: Second By:
WHEREAS, Stephen Schneider has submitted an application for an amendment to the City of Prior Lake
2030 Comprehensive Plan Land Use Map to re-designate property from R-LD (Urban Low
Density) to C-CC (Community Retail Shopping) for the property legally described as follows:
PID: 25-901-003-0; Sect 01, Township 114, Range 022 NE ¼ NW ¼ , Commencing 834.8’
west of NE corner, South 521.75’, West 100’, N521.75’, East 100’ to the point of beginning,
excluding 0.02 acres road; and
WHEREAS, Legal notice of the public hearing was duly published and mailed in accordance with
Minnesota Statutes and Prior Lake City Code; and
WHEREAS, A Public Hearing was held by the Planning Commission on March 21, 2016, which
recommended approving an amendment to the 2030 Comprehensive Land Use Plan Map.
WHEREAS, On March 21, 2016, the Planning Commission recommended approval of the proposed
amendment to the Comprehensive Plan on the basis the C-CC designation is consistent with
the goals and objectives of the Comprehensive Plan; and
WHEREAS, On March 28, 2016, the Prior Lake City Council considered the proposed amendment to the
2030 Comprehensive Plan Land Use Plan Map to designate the above described property to
the C-CC (Community Retail Shopping) designation; 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 City Council of Prior Lake approves an amendment to the Comprehensive Land Use Plan Map
(Figure 3.2) of the 2030 Comprehensive Plan subject to Metropolitan Council approval, and authorizes
city staff to submit such amendment to the Metropolitan Council.
PASSED AND ADOPTED THIS 28TH DAY OF MARCH, 2016.
N:\City Council\Resolutions\2016\5333 160th St rezone cc resolution.docx 2
VOTE Hedberg Keeney McGuire Morton Thompson
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager
CITY OF PRIOR LAKE, MINNESOTA
ORDINANCE NO. 16-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 provide a zoning classification of the following legally described
property to C-2 (General Business).
LEGAL DESCRIPTION:
PID: 25-901-003-0; Sect 01, Township 114, Range 022 NE ¼ NW ¼ , Commencing
834.8’ west of NE corner, South 521.75’, West 100’, N521.75’, East 100’ to the point of
beginning, excluding 0.02 acres road
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 28th day of March, 2016
ATTEST:
______________________________ _______________________________
City Manager Mayor
Published in the Prior Lake American on the 2nd day of April, 2016.
160TH ST SE
F R A N K L I N T R L S E
BOUNTY ST SE
WESTWOOD DR SE
C A N D Y C O V E T R L S E
I T A S C A A V S E
F I L L M O R E A V S E
Ü
5333 160th Street SE
Comp Plan Amendment & Rezoning
Location Map
UPPER PRIOR LAKE
GD
(904)
ARTIC
LAKE
NE
(906.7)
MARKLEY
LAKE
RD
( )
H I G H W A Y 1 3154TH ST NW
160TH ST SE
PLEASANT ST SE
Upper Prior Lake
SUBJECT
PROPERTY
SUBJECT
PROPERTY
456744
F R A N K L I N T R L S E
BOUNTY ST SE
WESTWOOD DR SE
CROSSANDRA ST SE
I T A S C A A V S E
F I L L M O R E A V S E
GATEWAY ST SE
F R A N K L I N C I R S E
-A13
456744F
R
A
N
K
L
I
N
T
R
L
S
E
BOUNTY ST SE
WESTWOOD DR SE
CROSSANDRA ST SE
I T A S C A A V S E
GATEWAY ST SE
F I L L M O R E A V S E
M E M O R I A L T R L S E
F R A N K L I N C I R S E
5333 160th Street NEExisting / Proposed 2030 Comprehensive Plan Amendment
Ü Ü
R-LD(Low Density Residential)
C-CC(CommunityRetail Shopping)
Existing 2030 Comp PlanR-LD (Low Density Residential)
R-LD(Urban Density Residential)R-HD(Urban High Density Residential)
R-LD(Urban Low Density Residential)
R-LD(Urban Low Density Residential)
R-LD(Urban Low Density Residential)
C-CC(CommunityRetail Shopping)
Proposed ChangeC-CC (Community Retail Shopp ing)
5333 160th Street NEExisting / ProposedRe-Zone Amendment
456744
F R A N K L I N T R L S E
BO UNTY ST SE
WESTWOOD DR SE
Existing R-1(Lo w DensityResidential)
456744
F R A N K L I N T R L S E
BO UNTY ST SE
WESTWOOD DR SE
R-1(Low Density Residential)
C-2(GeneralBusiness)
R-1(Low Density Residential)
R-1(Low Density Residential)R-2(Medium Density Residential)R-2(Medium Density Residential)
R-1(Low Density Residential)
R-1(Low Density Residential)
R-1(Low Density Residential)
R-3(High Density Residential)R-3(High Density Residential)
C-2(GeneralBusiness)
ProposedC-2 (Gene ra lBusiness)
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
Bank Motor Fuel Station
Business Services Car Wash
Business Trade School Motor Vehicle Sales
Copy Shop Motor Vehicle Service & Repair
Funeral Home Restaurants and Club/Lodge with Liquor
Library Shopping Centers Over 150,000 Square Feet (Gross Area)
Medical/Dental Offices Convention and Exhibition Center
Museum/Art Gallery Outdoor Sales
Office Marina, Commercial
Parks/Open Space Marina, Recreational
Police/Fire Station/Ambulance Animal Handling
Private Entertainment (Indoor) Adult Uses
Retail Alternative School
Service Community Center
Showroom
Studio Accessory Uses
Warehouse/Storage/Distribution
Permitted Uses with Conditions Parking Lots
Adult Day Care Helistop
Dry Cleaning & Laundering With Route Delivery Bar (as accessory to a restaurant, hotel, private
entertainment, club, or lodge)
Group Day Care/Nursery School Incidental Repair or Processing
Public Service Structures Food Service
Utility Substation Outdoor Seating & Service
Appliance, Small Engine & Bicycle Repair
Hotel/Motel
In-Vehicle Sales or Service
Medical/Dental Laboratories
Restaurant Club/Lodge without Liquor License
Shopping Center
Senior Care Facility