HomeMy WebLinkAbout10C - Zone Change CH Carpentar CITY COUNCIL AGENDA REPORT
MEETING DATE: MARCH 17, 2002
AGENDA #: 10C
PREPARED BY: CYNTHIA KIRCHOFF, AICP, PLANNER
REVIEWED BY: JANE KANSIER, PLANNING COORDINATOR
AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE APPROVING A ZONE
CHANGE REQUEST FOR THE PROPERTY LOCATED AT 16450 ANNA
TRAIL (FORMERLY CH CARPENTER LUMBER SITE) (Case File #02-141)
DISCUSSION: History: Larch, LLC is requesting to rezone approximately 7.4 acres from C-
2 (Community Business) to C-4 (General Business) on property located at
16450 Anna Trail SE (formerly the C.H. Carpenter Lumber site), which is in
the south ~ of Section 2.
The Planning Commission held a public hearing on February 10, 2003, and
unanimously voted to recommend approval of the rezoning on the basis that
the proposed C-4 zoning classification is consistent with the Comprehensive
Plan designation. A copy of the meeting minutes is attached to this report.
Background: This property is currently zoned C-2 (Community Business).
Permitted uses include retail, services, office, medical and dental offices,
museums, banks, and police and fire stations. Lumberyards and building
material sales are neither a permitted nor conditional use within the C-2 use
district.
The 2020 Comprehensive Plan designates the property as C~CC (Commercial
- Community Retail Shopping). "This classification is characterized by retail
shopping convenience with facilities which are designed and located
according to size and character and which should not be mixed with service
uses with a high intensity of vehicular activity." The facilities are "centers of
larger scale, serving a broader area which may be proximate to residential
development, but which, by design and appropriate limitations on the type and
intensity of uses, feature effective transition to residential areas, vehicular
areas, and aesthetic harmony." The corresponding zoning for this designation
is 0-4 (General Business).
The C-4 use distdct "is intended to provide an area for commercial uses which
due to their size and characteristics are not appropriate to other business
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
districts. These types of uses are generally larger and more intense, and are
characterized by a greater need for parking, generation of larger volumes of
traffic, greater signage and lighting."
Permitted uses include offices, funeral homes, libraries, museums, parks
and open space, police and fire stations, banks, business and trade
schools, offices, retail shops, service facilities, studios, showrooms, and
parking businesses. A few of the uses permitted with conditions
include hotel/motel, in-vehicle sales or service, outdoor sales (display),
private entertainment (indoor), and shopping centers less than 275,000
square feet in gross floor area. Conditional uses are motor fuel station,
motor vehicle sales, motor vehicle service and repair, and shopping
centers more than 275,000 square feet in gross floor area.
The property is unplatted and has a Metes and Bounds legal description. In
1976, a Conditional Use Permit (CUP) was issued for a supply yard on the
property. In that same year, the larger of the two existing structures was
constructed.
Current Circumstances: The total site is approximately 7.4 acres. Two
structures are currently present on the site. Since 1976, the property had
been utilized for lumber yard and building material sales. However, the site is
currently vacant.
Tm3o~raphy: The site has a varied topography. The site slopes from south
to north. The highest point on this site (elevation approximately 960' MSL) is
located at the south portion of the site adjacent to Anna Trail, and Iow point
(elevation approximately 925' MSL) is at the northwest corner of the property.
Vegetation: Mature vegetation is present along the northwest portion of the
site.
Wetlands: According to information on file at the City, wetlands are not
present on the site.
Access: Primary access to this property is currently from Anna Trail. The
intersection of Anna Trail and TH 13 currently is not a full access (right-in,
right-out only).
Utilities: Sewer and water services are currently available to the site.
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Adjacent Existing Uses, Land Use, and Zonin,q:
Existing Use Land Use Zoning
Designation Designation
West Valley Signs C-C/C R-2
East TH 13
North Vacant R-UMD R-2
South Anna Trail;
Creative Graphics;C-C/C C-1
lSD #719
The Issues: The applicant is requesting to rezone the property to C-4
because it "offers a broader range of possibilities for the property". (see
Attachment 5). As noted above, the C-4 district provides areas for operations
that are characterized by a greater need for parking and generate more traffic
than uses in other business use districts. For example, the Priordale Mall,
Park Nicollet Clinic, Velishek Auto, E-Z Stop, and the business condominium
sites on the west side of TH 13 are all zoned C-4.
The proposed zone change is consistent with the current land use
designation. The Comprehensive Plan notes that the C-CC designation
should be located at arterial and major collector intersections. The subject
site is located at the intersection of Anna Trail and TH 13 ("A" minor arterial
collector).
The property to the west is zoned R-2 (Low-Medium Density Residential) and
designated C-CC. The use (Valley Sign) is considered legal, nonconforming
because it is an industrial use in a residential use district. In the future, this
property should be rezoned to C-4 to be consistent with the Comprehensive
Plan. The properties located between Anna Trail and TH 13 are zoned C-1
(Neighborhood Commercial) and are designated C-CC, which is inconsistent
with the Comprehensive Plan. As part of a comprehensive rezoning,
properties that are inconsistent with the Comprehensive Plan will be rezoned.
Section 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
redevelopment of the area, or
· The permitted uses allowed within the proposed Use District will be
appropriate on the subject property and compatible with adjacent
properties and the neighborhood.
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Finding: The current C-2 zoning of the property is inconsistent with the 2020
Comprehensive Plan, The proposed C-4 zoning is consistent with the
Community Retail Shopping land use designation.
Minnesota Statutes Section 473.865, Subd. 2, also provides in pertinent part
"[a] local governmental unit shall not adopt any official control or fiscal device
which is in conflict with its comprehensive plan or which permits activity in
conflict with metropolitan system plans,' Minnesota Statutes Section 473.865,
Subd. 3, provides in pertinent part "[i]f an official control conflicts with a
comprehensive plan as the result of an amendment to the p/an, the official
control shall be amended by the unit within nine months fo/lowing the
amendment to the plan so as not to conflict with the amended comprehensive
plan." The rezoning of this property to the C-4 district is consistent with this
statute.
Conclusion: The C-4 use district is consistent with the C-CC (Commercial -
Community Retail Shopping) designation. Therefore, the Planning
Commission and the staff recommend approval of this request.
FISCAL IMPACT: Bud.(Tet Impact: There is no direct budget impact involved in this request.
ALTERNATIVES: The City Council has three alternatives:
1. Adopt an ordinance approving the rezoning from C-2 to C-4.
2. Continue the review for specific information or reasons per City Council
discussion.
3. Find the zone change inconsistent with the purpose and intent of the
Comprehensive Plan and the Zoning Ordinance and deny the request. In
this case staff should be directed to prepare a resolution with findings of
fact.
RECOMMENDED
MOTION: The staff recommends Alternative #1. The following motion is required:
1. A motion and se/d~, nd to adopt an ordinance rezoning the property from C-
/~2 (COIT)lm~y I~iness)to C-4 (General Business)use district.
REVIEWED BY: Frank E~°'Y~itylManager
ATTACHMENTS: 1. Ordinance 03-XX
2. Location map
3. Comprehensive Land Use Plan map
4. Zoning map
5. Narrative from applicant
6. February 10, 2003, Planning Commission meeting minutes
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CITY OF PRIOR LAKE
ORDINANCE NO. 03-XX
AN ORDINANCE AMENDING SECTION 1101.700 OF PRIOR LAKE CITY CODE AND THE OFFICIAL
ZONING MAP FOR THE CITY OF PRIOR LAKE
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 change the zoning classification of the following legally described property from C-2
(Community Business) to C-4 (General Business).
LEGAL DESCRIPTION:
A tract of land in the NW ¼ of SE ¼ of Section 2, Township 114 North, Range 22 West, Scott County, Minnesota
described as follows: Beginning at a point on the North line of said NW ¼ of SE ¼ distant 494.8 feet East of the
northwest comer thereof; thence continuing East along said north line a distance of 205.2 feet; thence South and
parallel to the West line of said NW ¼ SE ¼ a distance of 400.0 feet; thence West and parallel to said North line a
distance of 50.0 feet; thence South and parallel to said West line a distance of 267.2 feet to the centerline of a
township road; thence westerly along said road distance of 155.25 feet; thence North and parallel to said West line a
distance of 522.7 feet; thence West and parallel to said North line a distance of 110.55 feet; thence North and parallel
to said West line a distance of 74.9 feet; thence East and parallel to said North line a distance of 110.55 feet; thence
North and parallel to said West line a distance of 75.1 feet to the point of beginning, with right of access over the
existing road to Old State Highway Number 13.
AND
A tract of land in the NW ¼ of the SE ¼ of Section 2, Township 114 North, Range 22 West, Scott County, Minnesota
described as follows: Beginning at a point on the North line of said NW ¼ of the SE ¼ distant 700 feet East of the
northwest corner thereof; thence South and parallel to the West line of said NW ¼ of the SE ¼ distance of 400 feet;
thence West and parallel to said North line a distance of 50 feet; thence South and parallel to said West line a
distance of 267.2 feet to the centerline of a township road; thence easterly along said road a distance of
approximately 670 feet to the East line of said NW ¼ of the SE ¼; thence North on said East line to the northeast
corner of said NW ¼ of SE ¼; thence West along said North line approximately 620 feet to the point of beginning,
except that part taken for Highway 13, and also subject to easements of record, except that portion thereof lying
southeasterly of the southeasterly right-of-way of State Trunk Highway 13.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 17th day of March, 2003.
ATTEST:
City Manager Mayor
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16200 Eagle Creek Ave. S.E., Prior Lake, Hinnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
YES NO
Haugen Haugen
Blomberg Blomberg
LeMair LeMair
Petersen Petersen
Zieska Zieska
Published in the Prior Lake American on the __ day of__, 2003.
Drafted By:
Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
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January 13, 2003
Cynthia R. Kirchoff
Planner
16200 Eagle Creek Avenue SE
Prior Lake, MN
Re: Rezoning Application, 16450 Anna Trail SE
Case File No.: 02-141
Dear Ms. Kirchoff:
Please find below a brief narrative describing proposed uses for our site, 16450 Anna
Trail SE to complete the rezoning application requirements:
We would like to propose changing the current zoning from "C-2" (Community Business
Use District) to "C-4" (General Business Use District), which offers a broader range of
possibilities for the property.
The property located at 16450 Anna Trail SE in Prior Lake was occupied the C.H.
Carpenter Lumber Company for the past 20 years until they recently relocated in
December of 2002. With the property line running approximately 800 feet along
Highway 13 the site is attractive to many business owners.
We have several prospects who are interested in the property and have proposed a variety
of uses for the site. The proposed uses cover a wide spectrum, anywhere from retail to
mixed-use development, senior housing to multi-family housing, and general office to
marinas. We would like to see a use that is going to provide a positive contribution to the
community of Prior Lake.
It would be greatly appreciated to the extent that you could accommodate this request. If
you have any questions, please feel free to call us at your convenience at (952) 829-3480.
Sincerely,
Frauenshuh Companies
Dean Williamson Jill Duemeland
Senior Vice President Associate
NARRATIVE FROM APPLICANT,
PLANNING COMMISSION MINUTES
MONDAY, FEBRUARY 10, 2003
1. Call to Order:
Chairman Stamson called the February 10, 2003, Planning Commission meeting to order
at 6:30 p.m. Those present were Commissioners Atwood, Criego, Lemke, Ringstad and
Stamson, Community Development Director Don Rye, Planner Cynthia Kirchoff and
Recording Secretary Connie Carlson.
2. Roll Call:
Atwood Present
Criego Present
Lemke Present
Ringstad Present
Stamson Present
3. Approval of Minutes:
The Minutes from the December 23, 2002, Planning Commission meeting were approved
as presented.
4. Consent:
5. Public Hearings:
Commissioner Stamson read the Public Hearing Statement and opened the meeting.
-.--> A. Case #02-141 Larch, LLC is requesting a rezone of the property located at
16450 Anna Trail SE (formerly C.H. Carpenter property) from C-2 (Community
Business) to C-4 (General Business).
Planner Cynthia Kirchoff presented the Planning Report dated February 10, 2003, on file
in the office of the City Planning Department.
Larch, LLC is requesting to rezone approximately 7.4 acres from C-2 (Community
Business) to C-4 (General Business) on property located at 16450 Anna Trail SE
(formerly the C.H. Carpenter Lumber site) in the south ½ of Section 2.
This property is currently zoned C-2. Permitted uses include retail, services, office,
medical and dental offices, museums, banks, and police and fire stations. Lumber yards
and building material sales is neither a permitted nor conditional use within the C-2 use
district.
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Planning Commission Meeting
February 10, 2003
The proposed zone change is consistent with the current land use designation. The
Comprehensive Plan notes that the C-CC designation should be located at arterial and
major collector intersections. The subject site is located at the intersection of Anna Trail
and TH 13 ("A" minor arterial collector).
The Planning Staff recommended approval of the requested zone change as it is
consistent with the Comprehensive Plan Land Use Map designation and with relevant
Minnesota statutes.
Questions from the Commissioners:
Atwood questioned the legal description. Kirchoff responded.
Comments from the public:
Applicant David Seebold, one of the principals of Larch LLC, stated staff did a very
comprehensive report. The change in zoning will give their marketing team an easier
way to present the property. They are currently looking for tenants and long term will
redevelop the property.
There were no other comments and the meeting was closed.
Comments from the Commissioners:
Criego:
· No problems and recommended approval of the request.
Lemke, Atwood, Ringstad, Stamson: · Agreed.
MOTION BY CRIEGO, SECOND BY RINGSTAD, TO RECOMMEND APPROVAL
OF THE ZONE CHANGE FROM C-2 (COMMUNITY BUSINESS) USE DISTRICT
TO THE C-4 (GENERAL BUSINESS) USE DISTRICT ON PROPERTY LOCATED
AT 16450 ANNA TRAIL.
Vote taken indicated ayes by all. MOTION CARRIED.
This will go before the City Council on March 3, 2003.
6. Old Business:
7. New Business:
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