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Home My WebLink About5A 16268 Eagle Creek Avenue SE - CH21 Setback Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: NOVEMBER 7, 2016 AGENDA #: 5A PREPARED BY: PUBLIC HEARING: CASEY MCCABE, COMMUNITY DEVELOPMENT SPECIALIST YES AGENDA ITEM: PUBLIC HEARING TO CONSIDER RECOMMENDING AMENDMENTS TO SUBSECTION 1102.806 OF THE PRIOR LAKE ZONING ORDINANCE RE- LATING TO DIMENSIONAL STANDARDS. DISCUSSION: Introduction The purpose of this agenda item is to consider a recommendation to the City Council related to a request by Richard Gross to amend Subsection 1102.806 of the Prior Lake Zoning Ordinance. This subsection establishes the minimum di- mensional standards in the ‘TC’ Town Center Use District. Mr. Gross has re- quested the City of Prior Lake amend the minimum front yard setback on CSAH 21, east of Main Avenue, from 30 feet measured from the right-of-way to 10 feet measured from the right-of-way. History Subsection 1102.806 (Dimensional Standards) establishes a minimum front yard setback of 30 feet along CSAH 21, east of Main Avenue. The rest of the TC Town Center district has no minimum front yard setback, allowing buildings to be built to the property line. The minimum front yard setback, east of Main Avenue along CSAH 21, was es- tablished based on a recommendation in the 2007 Downtown Building Design Guidelines. The Downtown Guidelines recommended a 30-foot setback along CSAH 21 to create a ‘greenway’ which would serve as a foreground for new development on the west side of CSAH 21. This additional setback on both sides of CSAH 21 was intended to allow for views of buildings on the west side of Main Avenue and the recognition of Main Avenue as a street and space per- pendicular to CSAH 21. Current Circumstances Richard Gross is the owner of RE/MAX property at 16268 Eagle Creek Avenue SE. The RE/MAX building sits approximately 13 feet from the CSAH 21 right-of- way, which is within the 30’ setback making the property legally nonconforming. The 16268 Eagle Creek Avenue property is currently listed for sale and Mr. Gross has indicated that the 30-foot right-of-way setback is making it difficult for him to sell the property. The applicant has stated three potential purchasers have walked away from purchase agreements due to the uncertainty of what building setback may or may not be allowed upon redevelopment of this site in the future. 2 Conclusion The proposed amendment below reducing the setback from 30 feet to 10 feet is intended to provide redevelopment or expansion flexibility for the RE/MAX prop- erty and the properties on the south side of CSAH 21. 1102.806 Dimensional Standards. The following dimensional standards shall apply to the “TC” Town Center District. Minimum Lot Width 30 feet Front yard - Minimum Setback None - Maximum Setback 10 feet measured from the right-of-way Front Yard on CSAH 21, east of Main - Minimum Setback 10 30 feet measured from the right-of-way Side Yard - Minimum Setback None - Maximum Setback 10 feet unless parking is located within the side yard. Rear Yard - Minimum None Minimum Floor Area Ratio 0.5 Build-To Line Along Main Avenue a build-to line is established a distance of 5 feet from the inner edge of the street right-of-way (in most cases, this is the inner edge of the sidewalk). At least 70% of the building façade that fronts Main Avenue must be built out to this line. Maximum Height 55 feet Minimum Height 25 feet or two stories Approval of the proposed ordinance amendment reducing the right-of-way set- back from 30 feet to 10 feet would bring the applicant’s property into compliance with the Zoning Ordinance. ISSUES: If approved, the front yard setback would be decreased from 30 feet to 10 feet on CSAH 21, east of Main Avenue. There are currently three buildings that would be impacted by this ordinance amendment, the RE/MAX property on the north side of CSAH 21 and the Ace Hardware and Viking Liquor properties on the south side of CSAH 21. The Viking Liquor building is more than 30 feet from the right-of-way. Much of the Ace Hardware building is more than 30 feet from the right-of-way; however, the Ace Hardware atrium entryway is approximately 27 feet from the right-of-way line. City staff supports the proposed amendment based on the following:  The CSAH 21 right-of-way is 150’-wide from TH13 to Main Avenue, while it narrows to 100’-wide west of Main Avenue. Allowing a 10’-wide front set- back to either side essentially creates a 170’-wide open view westerly along CSAH 21 from TH 13.  There is no minimum front yard setback in the Town Center Use District ex- cept for this one block section along CSAH 21. Downtown build-to-line set- backs and buildings next to sidewalks contribute to the downtown feel and atmosphere.  Maximizing allowable building space in a downtown area is important to cre- ate more building mass, which in turn supports downtown open space and public parking improvements.  The intention of the 30’-wide ‘greenway’ would be difficult to achieve due to existing parking lots and drive isles located within the 30-foot setback area, both on the north and south sides of CSAH 21. 3 ALTERNATIVES: 1. Motion and a second to recommend the Prior Lake City Council approve the proposed amendment to Subsection 1102.806 of the Prior Lake Zoning Or- dinance. 2. Motion and a second to recommend the Prior Lake City Council deny the proposed amendment to Subsection 1102.806 of the Prior Lake Zoning Or- dinance. 3. Motion and a second to table action and provide direction to staff and con- tinue discussion at a future meeting. RECOMMENDED MOTION: ATTACHMENT: Alternative #1 1. General Location Map 2. Section 2.5 of Prior Lake Downtown Building Design Guidelines 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 116-XX AN ORDINANCE AMENDING SUBSECTION 1102.806 OF THE PRIOR LAKE ZONING ORDINANCE RELATING TO DIMENSIONAL STANDARDS IN THE TC, TOWN CENTER USE DISTRICT AND ADOPTING BY REFERENCE CITY CODE SECTION 104, WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS. The City Council of the City of Prior Lake, Minnesota ordains: 1. City Code Subsection 1102.806 is amended by reducing the Minimum Front Yard Setback on CSAH 21, east of Main Avenue, from 30 feet measured from the right-of-way to 10 feet measured from the right-of-way. 2. City Code Section 104 entitled “General Penalty” is adopted in its entirety by reference, as though repeated verbatim. 3. 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 November, 2016. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kenneth L. Hedberg, Mayor Published in the Prior Lake American on the ______ day of _________________, 2016. General Location Map