HomeMy WebLinkAboutItem 06 Holiday gas station
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
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MEMORANDUM
TO: Daryl Morey
FROM: D. Daniel Licht, AICP
DATE: 30 September 2021
RE: Lakeville – Holiday Zoning Map Amendment
TPC FILE: 135.01
BACKGROUND
Jackson Durand has acquired the Holiday motor fuel and convenience store located at 16255
Ipava Avenue. The property owner is proposing to modify the existing signage on the property
with the intent of adding an electronic display. The property is zoned C-1, Neighborhood
Commercial District. The C-1 District does not allow for electronic display signs.
City staff considered options to address the property owner’s proposal including amending the
Zoning Ordinance to allow for electronic display signs within the C-1 District or amending the
Zoning Map to rezone the property to C-3, General Commercial District, which allows for
electronic display signs.
On the recommendation of City staff, the property owner submitted an application to amend
the Zoning Map rezoning the property to C-3 District. The City has expanded the application to
also include the abutting properties that are east of Itasca Trail and north of 163rd Street to be
rezoned from C-1 District to C-3 District. A public hearing to consider the proposed Zoning Map
amendment has been noticed for the Planning Commission meeting on 7 October 2021.
Exhibits:
A. Aerial/Location Map
B. Existing/Proposed Zoning Map
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ANALYSIS
Area Characteristics. The subject properties are located at the southwest quadrant of 162nd
Street (CSAH 46) and Ipava Avenue. The Transportation Plan designates 162nd Street (CSAH 46)
and Ipava Avenue as A Minor Arterial Streets. These roadways are intended to carry significant
traffic volumes for both local and regional traffic.
The existing Holiday motor fuel and convenience store is located abutting the 162nd Street
(CSAH 46) and Ipava Avenue intersection. The Ipava Marketplace is a multiple tenant retail
building south of Holiday, which includes a hair salon, ice cream shop, health clinic, retail
stores, office, and nail salon. To the west of Holiday is Primrose School and Lakeview Bank.
The market potential for these commercial businesses benefit from the access and visibility
available adjacent to 162nd Street (CSAH 46) and Ipava Avenue.
The Hosannah Church campus is located south of 163rd Street, which the 2040 Comprehensive
Plan guides for Institutional uses and is zoned PUD, Planned Unit Development District. There is
an undeveloped parcel west of Itasca Trail owned by Hosannah Church that is guided for
Office/Residential Transition and zoned O-R, Office/Residential Transition District that is
intended to be developed for a church related use. The existing uses of the subject properties
are compatible with the existing and planned uses of the surrounding area.
Comprehensive Plan. The 2040 Comprehensive Plan guides the subject properties for
Commercial uses. The existing uses of the subject properties are consistent with the land uses
guided by the 2040 Comprehensive Plan. Commercial land uses guided by the 2040
Comprehensive Plan are to be implemented through establishment of the C-1 District and C-3
District, as well as the C-2, Highway Commercial District, to be designated based on the policies
of the 2040 Comprehensive Plan, purpose of the respective zoning districts, and character of
the specific area.
Zoning Districts. The Zoning Ordinance establishes the purpose of the C-1 District as to
provide for low intensity, retail, or service businesses located in areas which are well served by
collector or arterial street facilities at the edge of residential districts. The existing uses of the
subject property are allowed within the C-1 District. However, designation of the subject
properties within the C-1 District is not necessarily applicable as the property is not adjacent to
a low density residential neighborhood where compatibility issues may exist with a full range of
allowed commercial activities.
The purpose of the C-3 District to provide for commercial and service activities that draw from
and serve customers from the entire community or region. All of the other commercial
locations along CSAH 46 in Lakeville, including those at Kenrick Avenue, Cedar Avenue, and Pilot
Knob Road, which include motor fuel uses, are zoned C-3 District (or PUD District allowing C-3
District uses). Based on the existing use of the subject properties, the character of the
surrounding area, and adjacency to the intersection of two minor arterial roadways, zoning the
subject properties to C-3 District would be consistent with the purpose of this District.
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The C-3 District allows for a much broader range of commercial activities than the C-1 District,
which would include the existing tenants of the Ipava Marketplace. The table below lists the
uses allowed in the C-3 District that are not allowed within the C-1 District (as may be subject to
other performance standards established by the Zoning Ordinance):
Permitted Uses Conditional Uses Interim Uses
Banquet facilities
Hotels
Instructional classes
Pawn shops
Private clubs
Restaurants, general
Service businesses
Sexually oriented uses
Tattoo parlors
Data centers
Brew on Premises
Brewpub
Minor auto repair
Major auto repair
Bottled gas sales
Commercial recreation
Convenience restaurants
Pet Stores
Theaters
Outdoor sales
Outdoor storage
Recognizing that the subject properties are fully developed, it is not expected that there would
be any change in uses that would significantly alter the character of the area or cause
compatibility issues with surrounding uses. Section 11-1-3 of the Zoning Ordinance does
provide that no structure or land shall be used for any purpose nor in any manner which is not
in conformity with the provisions of the Zoning Ordinance and Section 11-1-4 of the Zoning
Ordinance requires compliance with the Zoning Ordinance as a condition of any building permit
being issued as would be required to convert, enlarge, reconstruct, or alter an existing building.
Therefore, adequate protections are in place to ensure that the subject properties continue to
be occupied and used in a manner consistent with the intent of the Zoning Ordinance if rezoned
to C-3 District.
Signs. The primary impetus for the proposed Zoning Map amendment is the signs allowed
upon the subject properties under the C-1 District versus C-3 District, summarized below:
C-1 District C-3 District
Freestanding Number 1 1
Area 50sf. 100sf.
Height 20ft. 20ft.
Electronic Sign Not allowed Allowed
Wall Signs Number 1, or 2 for
corner/through
lots not facing R
District.
1, or 2 for
corner/through
lots not facing R
District.
Area 64sf. 100sf.
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The requested rezoning to C-3 District would allow the applicant to have a freestanding sign up
to 100 square feet in area with the electronic display portion of the freestanding sign up to 40
square feet. This sign would be the same sign allowed for the other motor fuel uses that exist
along the CSAH 46 corridor in Lakeville.
CONCLUSION
City staff and our office are recommending approval of a Zoning Map amendment rezoning the
properties at the southwest quadrant of 162nd Street (CSAH 46) and Ipava Avenue from C-1
District to C-3 District. The proposed C-3 District zoning is consistent with the existing uses of
the property, compatible with existing and planned surrounding uses, and consistent with the
application of zoning districts for properties under the same or similar circumstances at the
intersection of two major roadways. Findings of fact supporting the recommendation to
amend the Zoning Map are provided for consideration by the Planning Commission.
c. Justin Miller, City Administrator
Andrea McDowell Poehler, City Attorney
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
162ND ST (CSAH 46)ITASCA TRLCity of Lakeville
Site Location Map
165TH ST
Area proposed for rezoning.
UPPER 161ST ST
163RD ST
EXHIBIT AIPAVA AVEHOSANNA
CHURCH
FOUNTAINS OF
HOSANNA
CRYSTAL LAKE
EDUCATION
CENTER
INGLEWOOD DRJACQUARA AVE
162ND ST (CSAH 46)
UPPER 161ST ST
City of Lakeville
Holiday Map Amend.
Proposed Zoning
EXHIBIT B
PUD
PUD
O-R
RS-3
RM-2
RST-1
RS-3
P/OS
RM-2
P/OS
ITASCA TRL163RD ST
City of Lakeville
Holiday Map Amend.
Existing Zoning
ITASCA TRL162ND ST (CSAH 46)
O-R
RST-1
163RD ST
Current C-1 Zoning
Proposed C-3 Zoning IPAVA AVEIPAVA AVEUPPER 161ST ST
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
162nd STREET / IPAVA AVENUE
ZONING MAP AMENDMENT
FINDINGS OF FACT AND RECOMMENDATION
On 7 October 2021, the Lakeville Planning Commission met at its regularly scheduled meeting to
consider the application of Jackson Durand and the City of Lakeville for an amendment to the
Zoning Map to rezone property at the southwest quadrant of 162nd Street (CSAH 46) and Ipava
Avenue from C-1, Neighborhood Commercial District to C-3, General Commercial District.
FINDINGS OF FACT
1. The subject properties are guided for Commercial land uses by the 2040 Comprehensive Plan.
2. The subject properties are zoned C-1, Neighborhood Commercial District; the applicant has
applied for an amendment to the Zoning Map to change the zoning of the property to C-3,
General Commercial District.
3. The legal description of the property is:
Lots 1 and 2, Block 1, Ipava Marketplace
Lot 1, Block 1, Primrose of Lakeville
Lot 1, Block 1, Lakeland Financial Place
4. Section 11-3-3.E of the City of Lakeville Zoning Ordinance provides that the Planning
Commission shall consider possible effects of the proposed amendment. Its judgment shall
be based upon, but not limited to, the following factors:
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: The 2040 Comprehensive Plan guides the subject properties for Commercial land
uses to provide for development of concentrated market centers oriented to major
transportation corridors and intersections to promote sustainable business activity
responsive to Lakeville’s needs and surrounding market area. The commercial land uses
designated on the 2040 Land Use Plan are to be implemented through the various
commercial zoning districts established by the Zoning Ordinance with designation of
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specific districts based on considerations related to traffic generation, site access, sewer
and water demands, environmental issues, and compatibility with neighboring land uses.
The proposed Zoning Map amendment rezoning the subject properties to C-3 District will
be consistent with this policy.
b. The proposed use is or will be compatible with present and future land uses of the area.
Finding: The subject properties are fully developed with uses compactible with the
existing character of the area. The subject properties are located adjacent to the
intersection of two Minor Arterial roadways to the north and east with existing or planned
surrounding institutional and office/residential transition type land uses to the south and
west. The proposed Zoning Map amendment rezoning the subject properties to C-3
District will not alter the character of the area or cause potential future compatibility
issues.
c. The proposed use conforms to all performance standards contained in the Zoning
Ordinance and the City Code.
Finding: The subject properties are required to comply with the provisions of the Zoning
Ordinance, which will not be affected by the proposed Zoning Map amendment.
d. The proposed use can be accommodated with existing public services and will not
overburden the City’s service capacity.
Finding: The proposed Zoning Map amendment will not impact public service demand
or capacity.
e. Traffic generated by the proposed use is within capabilities of streets serving the
property.
Finding: The proposed Zoning Map amendment will not affect traffic generation from the
subject properties.
5. The report dated 30 September 2021 prepared by The Planning Company LLC (TPC) is
incorporated herein.
6. The Planning Commission conducted a public hearing on the application, preceded by
published and mailed notice, where the applicant was present and the Planning Commission
heard testimony from all interested persons wishing to speak and closed the public hearing.
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RECOMMENDATION
The Planning Commission recommends that the City Council approve the application of Jackson
Durand and the City of Lakeville for a Zoning Map amendment as consistent with the criteria
established by the Zoning Ordinance.
DATED: October 7, 2021
LAKEVILLE PLANNING COMMISSION
BY:_________________________________
Jeff Witte, Chair