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Home My WebLink About9A CH21 Setback Report 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: DECEMBER 12, 2016 AGENDA #: 9A PREPARED BY: PRESENTED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT SPECIALIST CASEY MCCABE AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SUBSECTION 1102.806 OF THE PRIOR LAKE ZONING ORDINANCE RELATING TO DI- MENSIONAL STANDARDS. DISCUSSION: Introduction The purpose of this agenda item is to consider approval of an ordinance amend- ing Subsection 1102.806 of the Prior Lake Zoning Ordinance. This subsection establishes the minimum dimensional standards in the ‘TC’ Town Center Use District. Richard Gross, who owns property at 16268 Eagle Creek Avenue SE, has requested the City of Prior Lake amend the minimum front yard setback on CH21, 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 CH21, east of Main Avenue to TH13. There is no mini- mum front yard setback in the Town Center Use District except for this one block section along the north and south side of CH21, allowing buildings in the rest of the Town Center Use District to be built to the property line. When the applicant purchased the property at 16268 Eagle Creek Avenue in 2002, the property was zoned C-3, Specialty Business Use District and had no minimum front yard setback. The minimum front yard setback of 30 feet, east of Main Avenue along CH21, was established in 2009 based on a recommendation in the 2007 Downtown Building Design Guidelines. The Downtown Guidelines recommended a 30-foot setback along CH21 to create a ‘greenway’ which would serve as a foreground for new development on the west side of CH21. This additional setback on both sides of CH21 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 perpendicular to CH21. The intent of the 30’-wide ‘green- way’ would be difficult to achieve at this point due to existing parking lots and drive isles located within the 30-foot setback area, both on the north and south sides of CH21. 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 CH21 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’ right-of-way setback and the status of the build- ing as nonconforming is making it difficult for him to sell the property. The appli- cant has stated three potential purchasers have walked away from purchase 2 agreements due to the current nonconforming status and uncertainty of what building setback may or may not be allowed upon redevelopment of this site in the future. Mr. Gross acquired the property when the setback was 0’. In the interest of supporting a local business person and in hopes that the building could be sold to resume a productive role in the downtown, the staff suggested that this request would be appropriate. 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 property and the properties on the south side of CH21. 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 ISSUES: The Planning Commission held a public hearing on November 7, 2016 and unan- imously recommended the Prior Lake City Council approve the proposed amendment to Subsection 1102.806 of the Prior Lake Zoning Ordinance to de- crease the front yard setback from 30 feet to 10 feet. In addition to publishing a public hearing notice, as required by State Statute and City Ordinance, city staff also distributes a Development Review Committee (DRC) Project Checklist to appropriate city staff and other governmental agen- cies and utility companies. The DRC Checklist provides city staff and other or- ganizations knowledge that topics are to be considered and therefore the ability to comment on the proposed development or city action. The DRC Checklist for this request had indicated the project notice had been sent to the Scott County Highway Department for comment; however, Scott County did not receive the project notice and was not aware and therefore una- ble to provide comments prior to or at the public hearing. Following the public hearing, Scott County Transportation staff were made aware of the request and they have provided comments (see attached) objecting to the proposed ordinance amendments. The objections are based on their con- cerns regarding additional cost and potential difficulties this may cause for the 3 CH21/TH13 intersection project, sight distance concerns, the potential need to acquire the parcel or remove the building if additional right-of-way is needed for the CH21/TH13 intersection project, and expense and difficulty with installation of a sidewalk without potentially having adequate space. Scott County staff recommends deferring a council decision on the request until more of the final intersection design is completed and additional decisions and direction have been provided by Scott County and City of Prior Lake elected officials in early 2017. The city and county have placed a high priority on the ultimate improvement of the TH13 and CH21 intersection. If the city council ap- proves this ordinance amendment and that action adds to the cost of the inter- section, then the city can expect to pay those extra costs. It is unfortunate that this communication problem occurred. It is also unfortunate that there is insufficient information available at this point to know with any de- gree of certainty whether the ordianance amendment would increase improve- ment costs. Delay in city action does not serve the property owner well in his effort to sell. The safe decision would be to make no change to the setbacks in the ordinance, which might increase a future highway project’s already signifi- cant estimated cost and potentially “surprise” a new owner in the future. If the City Council approves the request, the front yard setback would be de- creased from 30 feet to 10 feet on CH21, east of Main Avenue. There are cur- rently three buildings that would be impacted by this ordinance amendment, the RE/MAX property on the north side of CH21 and the Ace Hardware and Viking Liquor properties on the south side of CH21. 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. The CH 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 setback to either side essentially creates a 170’-wide open view westerly along CH21 from TH13. ALTERNATIVES: 1. Motion and a second to approve an ordinance amending Subsection 1102.806 of the Prior Lake Zoning Ordinance relating to dimensional stand- ards. 2. Motion and a second to deny the ordinance amending Subsection 1102.806 of the Prior Lake Zoning Ordinance relating to dimensional standards. 3. Motion and a second to table action and direct that the petitioner and city staff work together with the county staff in hopes of developing an acceptable solution for all parties. This action would require the petitioner to extend the 90 day time limit (which expires February 4) so that there is sufficient time to explore the matter.. 4. The city and county consider acquisition of the property.to facilitate the com- pletion of the TH13/ County Road 21 Intersection Improvement Project. RECOMMENDED MOTION: ATTACHMENTS: As determined by the city council.. 1. General Location Map (Note: red color shows the current 30’-setback line while the yellow color shows the amended 10’-setback line). 2. Section 2.5 of Prior Lake Downtown Building Design Guidelines 3. Scott County Comment Email 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 12th day of December, 2016. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kenneth L. Hedberg, Mayor Published in the Prior Lake American on the 17th day of December, 2016. General Location Map