HomeMy WebLinkAbout8A CH21 Setback Report
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: FEBRUARY 27, 2017
AGENDA #: 8A
PREPARED BY:
PRESENTED BY:
DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR
DAN ROGNESS
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.
History
The owner of the 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’ measured from the right-of-way to 10’ measured from the right-
of-way.
The property at 16268 Eagle Creek Avenue SE (RE/MAX building) sits approxi-
mately 13’ from the CH21 right-of-way, which is within the 30’ setback, making
the property legally nonconforming. The property owner has indicated that the
30’ right-of-way setback and the status of the building as nonconforming has
made it difficult for him to sell the property. The applicant has stated three po-
tential purchasers have walked away from purchase agreements due to the cur-
rent nonconforming status and uncertainty of what building setback may or may
not be allowed upon redevelopment of this site in the future.
Subsection 1102.806 (Dimensional Standards) establishes a minimum front yard
setback of 30’ along CH21, east of Main Avenue to TH13. There is no minimum
front yard setback in the Town Center Use District except for this one block sec-
tion 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. Downtown build-to-line
setbacks and buildings next to sidewalks contribute to the downtown feel and
atmosphere.
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’, 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
2
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’ setback area, both on the north and south sides
of CH21.
The City Council heard this request during their December 12, 2016 meeting and
approved a motion to defer this item until the February 27, 2016. The Council’s
decision to table the item was primarily related to objections received from Scott
County Transportation staff. Scott County staff provided comments objecting to
the proposed ordinance amendments based on their concerns regarding: 1) ad-
ditional cost and potential difficulties this may cause for the CH21/TH13 inter-
section project; 2) sight distance concerns; 3) 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 4) expense and difficulty with installation of
a sidewalk without potentially having adequate space. The City Council provided
direction to city staff to meet with Scott County staff in hopes of developing an
acceptable solution for all parties.
Current Circumstances
City staff met with Scott County staff on February 2nd to discuss the ordinance
amendment request. County staff reiterated their concerns related to additional
acquisition costs and potential construction issues if the ordinance amendment
request were approved. County staff recommends that the City keep the current
30-foot setback so that no further building expansion occurs toward the highway
that may impact future right-of-way expansion or purchase.
When the applicant originally applied for the ordinance amendment he had an
active purchase agreement for the sale of the property. Following the December
12, 2016 City Council meeting the purchase agreement was canceled. The ap-
plicant has since found a tenant who has entered into a long-term lease with an
option to purchase. Although the purchase agreement is no longer valid and
there is not a sale pending, the applicant wishes to pursue the ordinance amend-
ing the front yard setback to address the nonconforming status to avoid similar
issues related to the sale of the property in the future.
Conclusion
The proposed amendment below, reducing the setback from 30’ to 10’, is in-
tended to provide redevelopment or expansion flexibility for the RE/MAX prop-
erty 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
3
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
unanimously recommended the City Council approve the proposed ordinance
amendment to Subsection 1102.806 of the Prior Lake Zoning Ordinance to de-
crease the front yard setback from 30’ to 10’. Staff notes that Scott County staff
did not receive notice of the ordinance amendments and therefore was unable
to provide comments prior to or at the public hearing. The Planning Commission
was not aware of Scott County staff’s concerns when they made their recom-
mendation for approval of the ordinance amendment request.
If the City Council approves the request, the front yard setback would be de-
creased from 30’ to 10’ on CH21, 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 CH21 and the Ace Hardware and Viking Liquor
properties on the south side of CH21.
The applicant has provided a written extension consenting to an additional 30-
day review period to allow the City Council to consider and act upon the request
at the February 27, 2017 meeting; the current review period expires on March 3,
2017.
Now the owner of the property has entered a 5-year lease agreement with a real
estate business with a purchase option. City staff had worked with Mr. Gross in
2016 regarding his challenges to sell that property due to the nonconforming
setback status. Staff felt an ordinance amendment was the best path to take
based on other setbacks in the Town Center being 0-feet.
Scenario #1, if the ordinance is amended: The County does not need any addi-
tional ROW, resulting in no purchase of property.
Scenario #2, if the ordinance is amended: The County needs 10-feet of addi-
tional ROW, resulting in a purchase of vacant land.
Scenario #3, if the ordinance is amended: The County needs 12-feet of addi-
tional ROW, resulting in a full land/building purchase if the building expands fur-
ther to the new 10-foot setback line (or the purchase of land if the building does
not expand).
Based in part on the status of his lease, the City Council could deny the request
now, but direct staff to return the request for council consideration once the
TH13/CH21 intersection plans have been completed by the County and ap-
proved by the City.
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, and
further direct city staff to initiate the same request, if deemed feasible after
the CH21/TH13 intersection design is formalized.
4
3. This item cannot be tabled without receiving a written extension of the review
period from the applicant.
RECOMMENDED
MOTION:
ATTACHMENTS:
Alternative #2
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
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 117-__
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 27th day of February, 2017.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kirt Briggs, Mayor
Published in the Prior Lake American on the 4th day of March, 2017.
General Location Map