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Home My WebLink AboutItem 06.g November 6, 2017 Item No. ______ WHITE FUNERAL HOME/McDONALD EYE CARE REZONING Proposed Action Staff recommends adoption of the following motion: Move to approve an Ordinance rezoning properties from O-R, Office/Residential Transition District to C-3, General Commercial Development and adopt the findings of fact. Overview The City of Lakeville has initiated the process to rezone two properties currently zoned O-R, Office/Residential Transition District to C-3, General Commercial District. White Funeral Home plans to install a dynamic display sign on their property, which would not be allowed in the O-R District, and has asked the City to rezone their property to C-3 District to allow the dynamic display sign. The Planning Commission held a public hearing on the proposed rezoning at their October 19, 2017 meeting. The Planning Commission has recommended unanimous approval. There was no public comment at the public hearing. Primary Issue to Consider Will the proposed rezoning be consistent with surrounding properties? The rezoning of the two subject properties will be consistent with the C-3 District zoned properties fronting Kenwood Trail to the southeast. The townhomes north of the newly constructed backage road, Icenic Way, will be screened with landscaping as part of the CSAH 50 improvement project. The City-owned undeveloped property to the northwest will remained zoned O-R District. Supporting Information • Rezoning Ordinance • Findings of fact • October 19, 2017 draft Planning Commission meeting minutes • October 12, 2017 planning report Financial Impact: $ None Budgeted: Y/N ____ Source: ______________________________ Related Documents (CIP, ERP, etc.): Zoning Ordinance_______________________________________ Community Values: Diversified Economic Development _____________________________________ Report Completed By: Frank Dempsey, AICP, Associate Planner_______________________________ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ORDINANCE NO. _____ AN ORDINANCE REZONING PROPERTY FROM O-R, OFFICE/RESIDENTIAL TRANSITION DISTRICT TO C-3, GENERAL COMMERCIAL DISTRICT THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Legal Description. The following described property located within the City of Lakeville, Dakota County, Minnesota is hereby rezoned from O-R, Office/Residential Transition District to C-3, General Commercial District: Pt of NW ¼ of NW ¼ of Section 29, Township 114, Range 20 Com Int. NE R/W STH #50 & W Line SE on R/W 475 ft. to Beg. Cont. SE on R/W 250 ft. NE at Rt. Ang. 300 ft. NW at Rt. Ang. 250 ft. SW at Rt. Ang. 300 ft. to Beg. Ex. NE’ly 50 ft. Ex. Par. 76 MN DOT R/W Plat 19-120 And, Lot 1, Block 1, Kenwood Trail Business Park Section 2. Zoning Map. The zoning map of the City of Lakeville, adopted by Section 11-45-5 of the City Code, shall not be republished to show the aforesaid rezoning, but the Zoning Administrator shall appropriately mark the zoning map on file in the Zoning Administrator’s office for the purpose of indicating the rezoning hereinabove provided for in this Ordinance, and all of the notations, references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 3. Effective Date. This ordinance shall be effective upon its passage and publication. Adopted by the Lakeville City Council this 6th day of November 2017. CITY OF LAKEVILLE BY: ________________________ Douglas P. Anderson, Mayor ATTEST: ___________________________ Charlene Friedges, City Clerk 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA WHITE FUNERAL HOME/MCDONALD EYE CARE ZONING MAP AMENDMENT FINDINGS OF FACT AND DECISION On October 19, 2017 the Lakeville Planning Commission met at it’s regularly scheduled meeting to consider the request of the City of Lakeville for a Zoning Map amendment to rezone the White Funeral Home and McDonald Eye Care properties from O-R, Office/Residential Transition District to C-3, General Commercial District. The Planning Commission conducted a public hearing on the proposed Zoning Map amendment preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. The City Council hereby adopts the following: FINDINGS OF FACT 1. The properties are is located in Planning District No. 5 (Central Area/Heritage Commons District) of the Comprehensive Plan which guides the property for Commercial land use. 2. The current zoning of the property is O-R, Office Residential Transition District. The property is proposed to be rezoned to C-3, General Commercial District. 3. The legal description of the portion of the property to be rezoned is: Pt of NW ¼ of NW ¼ of Section 29, Township 114, Range 20 Com Int. NE R/W STH #50 & W Line SE on R/W 475 ft. to Beg. Cont. SE on R/W 250 ft. NE at Rt. Ang. 300 ft. NW at Rt. Ang. 250 ft. SW at Rt. Ang. 300 ft. to Beg. Ex. NE’ly 50 ft. Ex. Par. 76 MN DOT R/W Plat 19-120 And, Lot 1, Block 1, Kenwood Trail Business Park 4. Section 11-3-3E of the City of Lakeville Zoning Ordinance provides that a Zoning Map amendment may not be issued unless certain criteria and satisfied. The criteria and our findings regarding them are: 2 a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Finding: Planning District 5 guides the properties for commercial land use which is consistent with the current use of the properties. b. The proposed use is or will be compatible with present and future land uses of the area. Finding: The proposed rezoning from O-R District to C-3 District is consistent with the historic land use of the properties and is consistent with the character of the adjacent properties along Kenwood Trail (CSAH 50). The existing properties are compatible with other commercial uses in the area. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. Finding: The commercial uses and the properties meet the performance standards of the Zoning Ordinance for the C-3 District. d. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The existing properties are served with City sewer and water utilities. The proposed rezoning will have no impact on the City’s service capacity. e. Traffic generation by the proposed use is within capabilities of streets serving the property. Finding: The rezoning from O-R District to C-3 District will not negatively impact the streets that serve the properties. 5. The planning report, dated October 12, 2017, prepared by Associate Planner Frank Dempsey is incorporated herein. 3 DECISION The City Council hereby approves the Zoning Map Amendment in the form attached thereto. DATED: November 6, 2017 CITY OF LAKEVILLE BY: _________________________________ Douglas P. Anderson, Mayor BY:___________________________________ Charlene Friedges, City Clerk City of Lakeville Planning Department Memorandum To : Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: October 12, 2017 Subject: Packet Material for the October 19, 2017 Planning Commission Meeting Agenda Item: Zoning Map Amendment to rezone the White Funeral Home and McDonald Eye Care properties from O-R, Office/Residential Transition District to C-3, General Commercial District INTRODUCTION The City of Lakeville has initiated the process to rezone two properties currently zoned O-R, Office/Residential Transition District to C-3, General Commercial District. As a result of the change in access to the business properties that abut Kenwood Trail (CSAH 50) due to the road improvement project currently underway White Funeral Home plans to install a dynamic display sign on their property, which would not be allowed in the O-R District. McDonald Eye Care is not proposing a dynamic sign at this time. The Planning Commission discussed the merits of this request at their September 21, 2017 work session. EXHIBITS The following exhibits are attached for your reference: A. Zoning Map B. Aerial Photos C. Kenwood Trail Business Park Preliminary Plat D. Letter from White Funeral Home 2 Surrounding Land Uses and Zoning North –Icenic Way, undeveloped City-owned Parcel and Viking Square Townhomes (O-R and RM-1 District) South – Kenwood Trail (CSAH 50) East –Lakeville Dental (C-3 District) West – Undeveloped City-owned parcel (O-R District) PLANNING ANALYSIS As part of the Kenwood Trail (CSAH 50) improvement project currently under construction, the driveway accesses to White Funeral Home and McDonald Eye Care were removed and relocated to a new road constructed between the businesses along Kenwood Trail and the Viking Square townhomes. The new “backage road” (Icenic Way) accesses Icenic Trail on the east and Kenwood Trail to the west. Icenic Way provides access to McDonald Eye Care, White Funeral Home and Lakeville Dental as well as a currently undeveloped City-owned parcel that will remain zoned O-R. The Planning Commission discussed the proposed rezoning at their September 21, 2017 work session. Limits of Rezoning. Staff reviewed the zoning of properties in the area, especially the three businesses located between Kenwood Trail and Icenic Way. Prior to the 2030 Comprehensive Plan, which was approved in December, 2008, all three properties were zoned C-3 District. Planning Department staff suggests that White Funeral Home and McDonald Eye Care were re-guided to O-R District because they directly abutted the Viking Square townhomes to the north. A city street and landscape screening now separates the businesses from the townhomes. The undeveloped City-owned parcel abuts the townhomes. Dynamic Display Sign. Section 11-23-15.T of the Zoning Ordinance allows one electronic changeable copy or graphic display sign in the C-2 or C-3 District. The sign may not exceed 15 feet in height and 40 square feet in area. The new dynamic sign would replace the previous monument sign impacted by the Kenwood Trail improvement project. The dynamic display sign license requires that the electronic display shall not change more often than once every seven seconds. 3 RECOMMENDATION Planning Department staff recommends approval of the Zoning Map amendment to rezone the White Funeral Home and McDonald Eye Care properties from O-R to C-3 for subject to the following stipulation: 1. A sign permit application and electronic sign license shall be submitted and approved by the City prior to the installation of any signs. Findings of fact for approval of the Zoning Map Amendment request are attached. RS-2 C-3 RM-2 PUD OP RM-1 C-1 OR C-3 OR Lake Marion Elementary School Ames Arena McDonald Eye Care White Funeral Home Area Proposed for Rezoning White Funeral Home McDonald Eye Care RM-1 DODD BLVDIDEALIC AVE2 0 1 S TSTW ITEA WAY HERITAGE DR KE N W O O D T R LIPAVAAVE ICENIC TRLICE N I C W A Y IDEAL WAY ± EXHIBIT A EXHIBIT B ģ SCALE IN FEET 0 50 100 1 INCH = 50 FEET DENOTES CAST IRON MONUMENT FOUND (UNLESS OTHERWISE NOTED) DENOTES IRON PIPE MONUMENT FOUND DENOTES 1/2 INCH BY 14 INCH IRON PIPE TO BE SET AND MARKED BY LICENSE NO. 46166 Orientation of the bearing system is based upon the west line of the Northwest Quarter of Section 29, Township 114, Range 20, Dakota County, Minnesota, which is assumed to bear South 00 degrees 14 minutes 36 seconds West. DENOTES RESTRICTED ACCESS PER DAKOTA COUNTY CONTIGUOUS PLAT ORDINANCE DENOTES MAG NAIL WITH DISK TO BE SET AND MARKED BY LICENSE NO. 46166 PER PLAT OF VIKING SQUARE(VS) PER DESCRIPTION(D) VICINITY MAP NOT TO SCALE TWP. 114, RGE. 20 Vertical Datum: NAVD 1988 Horizontal Datum: NAD 83 (86 Adjustment) Dakota County Coordinate System DATUMS S18-T114-R20-44 S19-T114-R20-11 S20-T114-R20-22 12224 NICOLLET AVENUE BURNSVILLE, MINNESOTA 55337 (952) 890-0509 JOB NUMBER:FIELD BOOK:DRAWN BY: FOR: ΞŽůƚŽŶΘDĞŶŬ͕/ŶĐ͘2017, All Rights Reserved H:\DACO\T43110909\CAD\C3D\110909PR1.dwg 2/14/2017 12:59 PM R PRELIMINARY PLAT LAKEVILLE, MN H:\DACO\T43110909\CAD\C3D\SDB110909 T43.110909 ERW FILE NO. 5233 DWG. NO. 3966 P/O NW 1/4 OF NW 1/4 SEC. 20, TWP. 114, RGE. 20 & P/O "ANTLERS PARK" & P/O LENIHAN'S LOTS, ANTLERS PARK CITY OF LAKEVILLE LEGEND BENCH MARK AIR CONDITIONER ANCHOR CATCH BASIN CONTROL POINT CLEAN OUT CURB STOP VALVE ELECTRIC METER ELECTRIC PEDESTAL ELECTRIC TRANSFORMER GAS VALVE GAS METER HANDICAPPED PARKING HAND HOLE HYDRANT IRRIGATION CONTROL VALVE LIGHT DECORATIVE LIGHT POLE MAILBOX UTILITY MANHOLE ELECTRIC MANHOLE SANITARY MANHOLE STORM MANHOLE SEMAPHORE TRAFFIC LIGHT TRAFFIC SIGN SPRINKLER HEAD COMMUNICATION PEDESTAL UTILITY POLE DECIDUOUS TREE CONIFEROUS TREE BUSH WATER VALVE EU ELECTRIC UNDERGROUND G GAS LINE CU COMMUNICATION UNDERGROUND FO FIBER OPTIC UNDERGROUND OU UTILITY OVERHEAD I WATER SYSTEM >>STORM SEWER >SANITARY SEWER INTERMEDIATE CONTOURS INDEX CONTOURS C S D _____________________________________ Eric R. Wilfahrt License Number 46166 SURVEYOR'S CERTIFICATION I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. ________________ Date 01/24/2017 REVISED: STREET NAME 2/14/2017 EXHIBIT C