HomeMy WebLinkAbout9A - 6867, 6885 & 6889 Boudin Street
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STAFF AGENDA REPORT
AGENDA #:
PREPARED BY:
SUBJECT:
9A
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF RESOLUTION 98-XX
APPROVING AN AMENDMENT TO THE
COMPREHENSIVE PLAN FOR THE PROPERTY
LOCATED AT 6867, 6885 AND 6899 BOUDIN STREET
FEBRUARY 2, 1998
DATE:
INTRODUCTION:
The purpose of this item is to consider approval of an amendment
to the 2010 Comprehensive Plan Land Use Map from the R-LIMD
(Urban Low to Medium Density Residential) designation to the C-
CC (Community Retail Shopping) designation. The property in
question is located at 6867, 6885 and 6899 Boudin Street. This
property is located on the west side of TH 13, directly south of
Boudin Street, and is the site of the Watersedge office building
and marina. (See attached map.)
BACKGROUND:
This property is presently zoned B-1 (Limited Business) and C-l
(Conservation). Marinas are presently a permitted use in the C-1
district, and office buildings are a permitted use in the B-1 district.
During its discussion on the proposed Zoning Ordinance and
Zoning Map, the Planning Commission reviewed the zoning of
this property. The property owner requested the site be zoned C-2
(Community Business) on the new Zoning Map. The C-2 district
would allow uses more suitable to property with highway
frontage, and marinas are permitted as a conditional use in this
district.
The Planning Commission agreed with the proposed zoning
classification. However, upon review of the Comprehensive Plan
designation for this site, it was discovered that the current R-
L/MD designation of this site is not consistent with either the
current or proposed zoning classifications. The Planning
Commission therefore initiated the amendment to the
Comprehensive Plan Land Use Map.
DISCUSSION:
The Planning Commission conducted a public hearing on this
amendment on January 12, 1998. The Planning Report and
Planning Commission minutes are attached to the agenda packet.
The Planning Commission recommended approval of this
1:\97files\97compam\97-127\97127cc.doc Prfl9E; 1
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~) 447-4245
AN EQUAL OPPORTUNllY EMPLOYER
ISSUES:
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
REPORT
ATTACHMENTS:
amendment to the Comprehensive Plan Land Use Map on the
basis the C-CC designation is consistent with the goals and
objectives of the Comprehensive Plan and with the proposed
Zoning of the site.
The proposed Comprehensive Plan amendment was reviewed
based on the goals and objectives in the 2010 Comprehensive
Plan. These goals and objectives are discussed in more detail in
the attached Planning Report.
The C-CC designation is characterized by retail shopping
convenience centers. Specifically, the C-CC category envisions
centers of a 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 access, and
aesthetic harmony.
The C-CC designation at this location is consistent with the goals
and objectives of the Comprehensive Plan. It is also consistent
with the proposed zoning of the property.
1. Adopt Resolution 98-XX approving the Comprehensive Plan
Amendment as requested.
2. Continue the review for specific information or reasons per
City Council discussion.
3. find the Comprehensive Plan amendment inconsistent with
the purpose and intent of the Comprehensive Plan and deny
the request.
Approve Alternative #1.
1. Motion and second to adopt Resolution 98-XX approving
the Comprehensive Plan Amendment to designate this
property as C-CC (Community Retail Shopping).
1. Resolution 98-XX
2. Planning Report dated January 12, 1998
3. Minutes of January 12, 8, Planning Commission Meeting
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Page 2
RESOLUTION 98-XX
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL TO AMEND THE
LAND USE MAP OF THE 2010 COMPREHENSIVE PLAN
MOTION BY: SECOND BY:
WHEREAS, The Planning Commission held a public hearing on January 12, 1998,
to consider an amendment to the land use map of the 20 1 0
Comprehensive Plan to designate the property legally described as Lots
1 and 2, and Outlot A, Watersedge First Addition as C-CC (Community
Retail Shopping); and
WHEREAS, notice of the public hearing before the Planning Commission was duly
published and posted in accordance with the applicable Minnesota
statutes; and
WHEREAS, the Planning Commission found this amendment to be consistent with
the Economic Vitality goals and objectives of the Comprehensive Plan
in that it encourages a diversified economic base, promotes sound land
use, and maintains high standards in the promotion and development of
commerce and industry; and
WHEREAS, the Planning Commission recommended approval of the amendment to
the Comprehensive Plan Land Use Map, and
WHEREAS, the City Council has duly considered the staff reports, meeting minutes
and Planning Commission recommendation which constitute the record
of decision of this matter.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR
LAKE, finds the C-CC (Community Retail Shopping) Designation of the aforementioned
property is consistent with the Economic Vitality goals and objectives of the
Comprehensive Plan in that it encourages a diversified economic base, promotes sound
land use, and maintains high standards in the promotion and development of commerce
1:\97files\97 compam\97 -1 27\rs98xxcc.doc E..~ge 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNIlY EMPLOYER
and industry, and hereby does approve the Comprehensive Plan Amendment to designate
the aforementioned property to the C-CC (Community Retail Shopping) designation
subject to the approval of the Metropolitan Council.
Passed and adopted this 2nd day of February, 1998.
YES
NO
Mader
Kedrowski
Petersen
Schenck
Vacant
Mader
Kedrowski
Petersen
Schenck
Vacant
{Seal}
City Manager
City of Prior Lake
1:\97files\97compam\97 -127\rs98xxcc.doc
Page 2
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
4E
PUBLIC HEARING TO CONSIDER AN AMENDMENT TO
THE 2010 COMPREHENSIVE PLAN FROM THE R-UMD
(LOW TO MEDIUM DENSITY RESIDENTIAL)
DESIGNATION TO THE C-CC (COMMUNITY RETAIL
SHOPPING) DESIGNATION
JANE KANSIER, PLANNING COORDlNATO~~
_X_ YES _NO-N/A U
JANUARY 12,1998
The purpose of this public hearing is to consider an amendment to the 2010
Comprehensive Plan to the Community Retail Shopping designation. This amendment
was initiated by the Planning Commission as a result of discussion on the proposed
Zoning Ordinance.
Property Owners:
Location of Property:
Current Comprehensive
Plan Designation:
Proposed
Comprehensive Plan
Designation:
Roger and Irene Dellert
21746 Calmor Avenue
Prior Lake, MN 55372
James and Nellie Halek
14869 Manitou Road
Prior Lake, MN 55372
This site consists of approximately 2.98 acres of land
and is located at 6867, 6885 and 6899 Boudin Street.
This property is located on the west side of TH 13,
directly south of Boudin Street, and is the site of the
Watersedge office building and marina.
This property is identified as R-UMD (Low to Medium
Density Residential) on the 2010 Comprehensive Plan.
This designation is characterized by a low to medium
range of residential densities.
The proposal is to designate this property for C-CC
(Community Retail Shopping) uses. This designation is
characterized by retail shopping centers designed to
provide shopping and convenience facilities to a broader
residential area.
1:\97files\97compam\97 -127\97127pc.doc PagE? 1
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQL'AL OPPORTCNITf E:vtPLOYER
Current Zoning:
Proposed Zoning:
Proposed Land Use:
Adjacent Land Use,
Comprehensive Plan
Designation and Zoning:
Streetsl Access:
Natural Features:
Public Utilities:
ANAL YSIS:
B-1 (limited Business) and C-1 (Conservation)
Under the proposed Zoning Ordinance, this property will
be zoned C-2 (Community Business). The purpose of
this district is to allow the concentration of general
commercial development for the convenience of the
public.
This property is the current site of an office building and
marina. . There is no proposal to change these land
uses.
North: Across Boudin Street is the Prior Lake Assembly
of God Church, designated as R-UMD and zoned C-1
South: South of the bay are single family dwellings,
designated as R-UMD and zoned R-1.
East: Across Highway 13 is the Scott Lake Pet Clinic in
the City of Savage.
West: Directly west of this property are townhouses,
designated as R-UMD, and zoned R-2.
This property has access to Boudin Street.
This site is completely developed, and generally drains
to the south. There are no significant trees on the site.
The site is currently served by sewer and water.
This amendment to the Comprehensive Plan Land Use Map was initiated by the
Planning Commission as a result of discussions on the proposed Zoning Ordinance.
The property owner requested the C-2 zoning district in order to allow uses more
suitable to property with highway frontage, than uses in the C-1 district, which are
primarily neighborhood oriented. The Planning Commission agreed the property should
be zoned C-2. Upon review of the Comprehensive Plan Land Use Map, it was
discovered the designation of this property is not consistent with the proposed zoning, or
even the existing zoning. Therefore, the Planning Commission initiated this
amendment.
. The Comprehensive Plan goals and objectives which are applicable to this request are
as follows:
GOAL: ECONOMIC VITALITY: Pursue a prudent use of available resources and the
optimum functioning of economic systems.
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Page 2
OBJECTIVE No.1: Determine and strive for a balance of commerce, industry, and
population.
OBJECTIVE No.2: Encourage a diversified economic base and a broad range of
employment opportunities.
OBJECTIVE No.3: Promote sound land use.
OBJECTIVE No.4: Maintain high standards in the promotion and development of
commerce and industry.
The C-CC designation is characterized by retail shopping convenience centers.
Specifically, the C-CC category envisions centers of a 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 access, and aesthetic harmony.
The C-CC designation at this location is consistent with the goals and objectives of the
Comprehensive Plan. It is also consistent with the proposed zoning of the property.
ALTERNATIVES:
1. Recommend the City Council approve the Comprehensive Plan amendment as
requested.
2. Table or continue the public hearing to a date and time certain and provide the staff
with a detailed list of items or information to be provided for future Planning
Commission review.
3. Recommend denial of the amendment based upon specific findings of fact.
RECOMMENDATION:
Staff recommends Alternative #1. The proposed designation of this site is consistent
with the proposed zoning of the site.
ACTION REQUIRED:
A motion recommending the City Council adopt a resolution approving the amendment
to the Comprehensive Plan Land Use Map designating this property as C-CC.
REPORT ATTACHMENTS:
1. Location Map
. 2. Comprehensive Plan Land Use Map
3. Zoning Map
4. Letter from Property Owner
5. Copy of Hearing Notice
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Page 3
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HUEMOELLER & BATES
ATTORNEYS AT LAW
16670 FRANKUN TRAIL
POST OFFICE BOX 67
PRIOR LAKE. MINNESOTA 55372
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: i : 2: G LS U \~ @:,\\:
.~. NO~ 2 0 I99T ~
JAMES D. BATES
BRYCE D. HUEMOELLER
November 19, 1997
Telephone (612) 447-2131
Telecopier (612) 447-5628
Prior Lake Planning Commission
16200 Eagle Creek A venue
Prior Lake, MN 55372
Re: Iinpact of Proposed Prior Lake Zoning Ordinance Changes on
Lot 2, Block 1, and Outlot A, Waters edge First Addition
Dear Planning Commission Members:
I am writing to you on behalf of Integrity Development, Inc., the owner of the
Watersedge Office Building located on Lot 2, Block 1, Watersedge First Addition, and
the Watersedge Marina located on Outlot A, Watersedge First Addition.
The plat of Watersedge First Addition is located at the intersection of Boudin
Drive and State Trunk Highway No. 13, approximately two blocks south of the CSAH
42/STH 13 intersection. Lots 1 and 2 are presently zoned B-1 Limited Business, and
contain retail business, service and office uses. Outlot A is zoned C-1 Conservation,
and contains a commercial marina that operates pursuant to a permit issued by the
Minnesota DNR.
The Prior Lake side of the Boudin Drive/5TH 13 intersection contains highway
service type uses consisting of a church, retail, offices and a commercial marina.
These uses are consistent with the stated purpose of the B-1 district, which is to provide
areas adjoining high and medium density residential areas on major streets for offices,
retail and service establishments.
The 5avage side of the Boudin Drive/5TH l3 intersection is predominantly
co.mmercial, with uses that include a veterinary clinic, emergency facility, trucking
company, and to the south, a retail boat dealer. The uses are also consistent with the
B-1 district.
It is our belief that the proximity of the plat of Watersedge First Addition to
5TH 13 and to the C5AH 42/5TH 13 intersection, and the existing commercial uses
within the plat and directly across STH 13, better meet the objectives of the proposed
C-2 Community Business District, which is intended lito allow the concentration of
Prior Lake Planning Commission
Page 2
November 19, 1997
general commercial development for convenience of the public...." The plat is really
not an area that provides "service--oriented commercial uses for [the] surrounding
residential neighborhood...." which is the stated purpose for the C-I Neighborhood
Business District. The plat is in a highway service area, and should be classified as
such in our zoning ordinance.
Even if the Planning Commission determines that the C-I Neighborhood
Business District is appropriate for the plat, we would request that either the permitted
uses or the uses permitted with conditions within the C-I district be expanded to include
"showrooms". Because of its proximity to STH 13 and CSAH 42, the Watersedge
Office Building is an ideal location for small retail showrooms. There is adequate
space and parking for small showrooms, and there will be no adverse impact on any
nearby residential areas, including the adjacent townhomes.
Finally, it is difficult to express how distressed we were to discover that the
existing commercial marina on Outlot A would become a non-conforming use under the
proposed ordinance. The marina is presently a permitted use in the existing C-I
Conservation District. The marina is in an appropriate location because it can be
accessed directly from STH 13 without negative impact on any nearby residential areas.
In our view, the failure to include a commercial marina as a permitted use in the
district to which Outlot A is assigned, would be arbitrary, inconsistent with the Prior
Lake Comprehensive Plan, contrary to long standing public policy in Prior Lake, and
contrary to the policy of the State to facilitate access onto navigable public waters. We
think that the Planning Commission should reconsider the marina issue and deal with
the commercial marina on Outlot A as a permitted use, rather than returning to the days
of litigation and discord when the marinas in Prior Lake were classified as non-
conforming uses.
In summary, I am requesting on behalf of Integrity Development, Inc., that the
Planning Commission consider two modifications to the proposed zoning ordinance:
1. Either reassign Lots 1 and 2, Block 1, Watersedge First Addition, to the (-2
Community Business District or add "showrooms" to the permitted uses or uses
permitted with conditions within the C-I Neighborhood Business District.
2. Either add "commercial marinas" as permitted uses within the district to
which Outlot A, Watersedge First Addition, is assigned, or establish a separate marina
district and assign Outlot A to that district.
,
Prior Lake Planning Commission
Page 3
November 19, 1997
We intend to appear at the November 24, 1997 Planning Commission meeting
and will be available to respond to questions at that time.
Sincerely yours,
~v~
Bryce D. Huemoeller
BDH:jd
cc: Integrity Development, Inc.
CITY OF PRIOR LAKE
NOTICE OF PUBLIC HEARING TO CONSIDER A PROPOSED AJ.'\1ENDMENT
TO THE CITY OF PRIOR LAKE YEAR 2010 COMPREHENSIVE PLAN FOR
THE PROPERTY LOCATED AT 6867, 6885 AND 6899 BOlJDIN STREET
You are hereby notified that the Planning Commission will hold a public hearing at Prior Lake
Fire Station #1, located at 16776 Fish Point Road SE on Monday, January 12, 1998 at 6:30 p.m.,
or as soon thereafter as possible.
The purpose of the public hearing is to consider a proposal to amend the 2010 Comprehensive
Plan to change the designation of the property located on the west side of TH 13, directly south
of Boudin Street from the R-L/NID (Low to Medium Density Residential) designation to the C-
CC (Community Retail Shopping) designation. This property is the site of the Watersedge
commercial building and the Watersedge Marina.
Legal Description:
Lots 1 and 2, Watersedge First Addition, and Outlot A, Watersedge First Addition
If you desire to be heard in reference to this matter, you should attend this public hearing. The
Planning Commission will accept oral and or written comments. If you have questions regarding
this matter, contact the Prior Lake Planning Department at 447-4230.
Jane Kansier, Planning Coordinator
City of Prior Lake
TO BE PlTBLISHED lJ.'( THE PRIOR LAKE AJ.vIERICAJ.'f ON SATCRDAY, DECEMBER
27,1997.
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16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
."'-.N EQL.';L OP!'GR71~":r.( E;..IPLOYE~
9. The building must have internal sprinkling system for additional fire protection.
MOTION BY CRAMER, SECOND BY CRIEGO, TO MAKE A
RECOMMENDATION TO CITY COUNCIL TO APPROVE THE CONDITIONAL
USE PERMIT FOR SAFE HAVEN AT 5240 160TH STREET, WITH THE
CONDITIONS NOTED ABOVE AND THE CONDITIONS LISTED IN THE STAFF
.................
REPORT. ..:.:-:.:.:.;.:.:.:-:-:.;.:.:.:.;......
Vote taken signified ayes by all. MOTION CARRIED.
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. . . . . . . . . . . . . , .
E. Case #97-127, City of Prior Lake considering a prQPQ~eij::amendnitP:Mo the
City of Prior Lake Year 2010 Comprehensive Plan ch~p;gffig:tht; designatiottq.tth~::.
property located at 6867, 6885 and 6899 Boudin St~~~ffro~~ow to Medium ......
Density Residential to the Community Retail Sh~pp~i;1g desigija!ion.
... ...... .......
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Planning Coordinator Jane Kansier presented the PlanniIlg::g@pbi-t dated January l2,
1998. ........
. . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . .
.........-. ......... ....
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,................ ..-.............
The purpose of this public hearing~.'.tB...:Q9B7tder an aITi~pffinent to the 2010
Comprehensive Plan to the Community R~t~il Sliqmms, Aesigrtatlon. This amendment
was initiated by the Planning Commissionfasg.fesU1fqp.fUscussion on the proposed
Zoning Ordinance. ..... .......... ..:
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This site consists of aPPI'~khnately t;Q$ acres of I~R4..end is located at 6867, 6885 and 6899
Boudin Street. This Pr,9~f.ty is locat~9Nm the west si:q@bfHighway 13, directly south of Boudin
Street, and is the site,Brth#:.)Yaters~~g~qffif.t;;,1?HjJc:l~rtg and marina.
......................'...................
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. . . . . . . . . . , . . . . . . . . . . . . . . .
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This property is identified asf{i~ (Low to Medium Density Residential) on the 2010
Comprehen?t'f~Ji!~~1J11is desi~fipp. isc::haracterized by a low to medium range of residential
densities:t:::/~f~:::;::-:-..... .. ....... ...... ...
...... ......... .....
...... ......... .....
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Thcr:pB:>posal is to designati~[his property for C-CC (Community Retail Shopping) uses. This
d&l~~jpp. is characterize41.gy retail shopping centers designed to provide shopping and
convenieij;B~Jacilities to a hfhader residential area.
.......... ......
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Under the pi6PSS~d Z9~ihg Ordinance, this property will be zoned C-2 (Community Business).
The purpose o{~j'9'iM:rict is to allow the concentration of general commercial development for
the convenience gp:the public.
This property is the current site of an office building and marina. There is no proposal to change
these land uses.
This amendment to the Comprehensive Plan Land Use Map was initiated by the Planning
Commission as a result of discussions on the proposed Zoning Ordinance. The property owner
requested the C-2 zoning district in order to allow uses more suitable to property with highway
frontage, than uses in the C-I district, which are primarily neighborhood oriented. The Planning
Commission agreed the property should be zoned C-2. Upon review of the Comprehensive Plan
Land Use Map, it was discovered the designation of this property is not consistent with the
1:\98files\98plcomm\pcmin\mnOI1298.doc
16
proposed zoning, or even the existing zoning. Therefore, the Planning Commission initiated this
amendment.
Staff recommended approval of the Comprehensive Plan Amendment as requested. The
designation of this site is consistent with the proposed zoning of the site.
Comments from the public:
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Bryce Huemoeller, 16670 Franklin Trail, was present on behalf ofthe.J:IIeks who own
the marina and building. The owners of the lot support the propos~4::MfiI,\4.nent and ask
the Planning Commission to do the same. The property is adjaceq~:::io HigWW~X 13 and
the structures on the property make it appropriate for the zon$;::fh.~ge. It is i:d~~::;:;.
designation use and would be consistent with the Compre4~pitvg:Ptan.' ..
";':':':';':':':':':'."
Bill Allen, 6823 Boudin, lives in the neighboring to~pmes, h'H:I: concern for crufuging
the zone to complete commercial with bars and rescliif.~~b;;.Kanm~#:!r:'plained restaurants
are permitted now and went on to explain the Compreheri$i.Y~;J?:ta.n is';:Consistent with the
zoning. It also allows the marina to continue as a conformirlg:.PAt. It maintains the
:~::~~~~es. Concern for the private rOi;::.i:;~::::;:~ along the;Pt~t.;1)(:, Traffic would be
The public hearing was closed at 10:36 p.m}':::\.
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.;:;}}~:t~~)rrftt:::::.:::::.:. ...
Comments from the Comnd;si6n;h:
.\;~tr~::': .
Vonhof: ........... ../). ;;.;.;;'
· Supports Compreli.~y~. p~~:::::::mt:::::::::;;:::::;:;:::::::;:::::::;:;:;;;;;:::/;:.'
Kuykendall: ............;....
· SuPPW}i$::;;..; ......
'::::;:'"
::f~I\~prts .::,:} ...
. It ls:t~gy reflecting what it is now.
The use is not changed.
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Commissiorier~iimr.~:~er and Stamson supported the amendment with out comments.
MOTION BY VONHOF, SECOND BY KUYKENDALL, RECOMMENDING CITY
COUNCIL ADOPT A RESOLUTION APPROVING THE AMENDMENT TO THE
COlVIPREHENSIVE PLAN LAND USE MAP DESIGNATING THIS PROPERTY C-
o CC.
Vote taken signified ayes by all. MOTION CARRIED.
Old Business:
1:\98fi1es\98plcomrn\pcmin\rrmOI1298.doc
17
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~ ~ 7~i'i
6730 R.u;:;ti.c Rvud SE
Pnor Lake, MN 553-2
January ll, 19%
'5730 ?,."..15.tc R_~:.'~1d SE
PllDf Lu.k~~ ~il?< 5537:
J ~J..n.LL;Ll:y I:, 1998
CiLy uf~riur Lilk~
Plarnung Commission
ru:.: Proposed am;:;ndmeui to lil.c City uEPrior Lakc year 2010 Comprehensive Plan for the property
located ill ei807, 6885 and 0899 Boudin Street
'Nc hav...; rcceived th;:; City o[Prior Lakc';) notification of public h..:aring to considcr a proposal to :.uncnd thc
2010 Comprehcns1i.ve Plan tu change thc dcsignation of the propeny located on the west side ofTH 13,
directly south of Boudin Street from the R-UMD (low to medium density residential) designation to the C-
CC (community f"'tallshopping) d~signation. TI>is property is the .sit~ of the "\Vatersedge commercial
builJing <illd ;he W...t;:;l"s..:llg;.; ~,fi.l.ri:na. Lgill d..::;;.;riptiun: Lots 1 and 2, Watcrsedgc First Addition., and
OULlUl.-\.. Vv' arersedge ru'st .~diliuon.
V..,fe ?ro::' ()PPOSED !0 '1 ('hang~ 1n de'31g!l3t!0!1 to C -CC !or ~ri'3 prorerty This is rri!TI3ri!y a !'esidentinl ~re~.
I' :' -~--"',,- .)-/\ ~ . _
-A. v'i~
CVG--,,~ /)'1"//'",,2
- *--J~~
K~nneth and Janet .'vfis!!en ,-'-J
J40- 18.1}