Loading...
HomeMy WebLinkAbout12.C. Rezone Property from Multiple Family Residential (R3) Zone to Office (B2) Zone-Ord. No. 817 CITY OF SHAKO PEE I".C. Memorandum CASE NO.: 09-011 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Kyle Sobota, Planner I SUBJECT: Rezone property from Multiple Family Residential (R3) Zone to Office (B2) Zone MEETING DATE: April 21, 2009 REVIEW PERIOD: February 23,2009 - June 23,2009 INTRODUCTION: Tilak Gurusinghe has made application for the rezoning ofthe property located at 1335 Tenth Avenue East from Multiple Family Residential (R3) Zone to Office (B-2) Zone (see Exhibit A). The subject site is 2.34 acres in size. The property is currently for sale and the potential buyer anticipates using a portion of the building for his dental practice and would like the opportunity to remodel and lease other spaces in the building to accountants, attorneys, insurance agents, and other similar uses that would have standard hours of operation. The building is presently vacant, but was previously used as both a daycare and Montessori school for over 10 years and a medical clinic for over 30 years; both are conditional uses in the R3 Zone. The building has been used as an office since it was constructed in 1973 and the property is guided for commercial use by the adopted comprehensive plan. If the property were to be rezoned to Office, it could conceivably be developed as a residential property in the future under the Office Zone regulations as they exist today. FINDINGS. The criteria required for the granting of a Zoning Ordinance Amendment are listed below with proposed findings for the Council's consideration. Criteria #1 That the original Zoning Ordinance is in error; Finding #1 The original zoning ordinance is in error. The original zoning ordinance established a zoning boundary that is not compatible with the existing use, which is consistent with the commercial guiding of the property. Criteria #2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in community goals and policies that concern this property have not taken place. Criteria #3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 Significant changes in development patterns have occurred in that the subject property is guided for, and has been used by an office use. This use has existed for over 30 years and the property owner intends to make improvements and additions to ensure that the site is a viable office site for the future. Criteria #4 That the comprehensive plan requires a different provision. Finding #4 The Comprehensive Plan, as adopted by the Shakopee City Council, guides this property for commercial use, which is consistent with the request. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed this application at its April 9, 2009 meeting. The Commission unanimously recommended approval of the zoning request. The Planning Commission staff report is attached for the Council's information. VISIONING RELATIONSHIP: This action supports Goal D "Vibrant, resilient, and stable". ALTERNATIVES: 1. Approve the request to rezone the property from Multiple Family (R3) Zone to Office (B2) Zone. 2. Deny the request to rezone the property from Multiple Family (R3) Zone to Office (B2) Zone. 3. Table the matter and request additional information from the applicant and/or staff. ACTION REQUESTED: Offer a motion to approve Ordinance No. 817, an ordinance rezoning the property from Multiple Family Residential (R3) Zone to Office (B2) Zone, and move its adoption. h:\cc\2009\04-21 \09011_ Rezoning_Crossroads _ Clinic. doc ORDINANCE NO. 817, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE APPROVING A REQUEST TO REZONE PROPERTY FROM MULTIPLE FAMILY RESIDENTIAL (R3) ZONE TO OFFICE (B2) ZONE WHEREAS, Tilak Gurusinghe, applicant and property owner, has requested the re- zoning of property from Multiple Family Residential (R3) Zone to Office (B2) Zone; and WHEREAS, the subject property is legally described as: That part of the South 321.50 feet of the North 643 feet of the North half of the Northwest Quarter of the Northeast Quarter of Section 7, Township 115, Range 22, Scott County, Minnesota, lying Easterly of the West 570 feet thereof and lying Westerly of the Westerly right of way of County Road No. 17. and; WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on April 9, 2009, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission recommended that the property be rezoned from Multiple Family Residential (R3) Zone to Office (B2) Zone; and WHEREAS, the City Council heard the matter at its meeting on April 21, 2009; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shakopee hereby adopts the following findings of facts relative to the above-named request: Finding #1 The original zoning ordinance is in error. The original zoning ordinance established a zoning boundary that is not compatible with the existing use, which is consistent with the commercial guiding of the property. Finding #2 Significant changes in community goals and policies that concern this property have not taken place. Finding #3 Significant changes in development patterns have occurred in that the subject property is guided for, and has been used by an office use. This use has existed for over 30 years and the property owner intends to make improvements and additions to ensure that the site is a viable office site for the future. Finding #4 The Comprehensive Plan, as adopted by the Shako pee City Council, guides this property for commercial use, which is consistent with the request. BE IT FURTHER RESOLVED, that the request to rezone the property to Office Zone (B2) is hereby approved. Passed in regular session of the City Council of the City of Shakopee, Minnesota held this day of ,2009. Mayor of the City of Shakopee Attest: , Judith S. Cox, City Clerk ~ JJ;-7 CITY OF SHAKO PEE Memorandum CASE NO.: 09-011 TO: Shakopee Planning Commission FROM: Kyle Sobota, Planner I SUBJECT: Rezone property from High Density (R-3) Zone to Office (B-2) Zone MEETING DATE: April 9, 2009 REVIEW PERIOD: February 23,2009 - June 23,2009 INTRODUCTION Tilak Gurlisinghe has filed an application requesting the rezoning of a property from the High Density Residential (R-3) Zone to Office (B-2) Zone. The subject property is located at 1335 Tenth Avenue East (see Exhibit A). The subject site is 2.34 acres in size. The property is currently for sale and the potential buyer anticipates using a portion ofthe building for his dental practice and would like the opportunity to remodel and lease other spaces in the building to accountants, attorneys, insurance agents, and other similar uses that would have standard hours of operation. The building is presently vacant, but was previously used as both a daycare and Montessori school for over 10 years and a medical clinic for over 30 years; both are conditional uses in the R-3 Zone. The building has been used as an office since it was constructed in 1973 and the property is guided for commercial use by the adopted comprehensive plan. The uses allowed in the Office Zone would generate similar traffic counts and patterns to the medical clinic that previously occupied the site. The B-2 zone does not allow uses that staffbelieves to be incompatible with the apartment and single family residential uses that are adjacent to that surround the property. If the property were to be developed as a residential property, the zoning ordinance would allow for a minimum of 19 and a maximum of 28 units on this site based on the allowed density range of 8-12 units per acre. It should be noted that a listed Conditional Use in the Office Zone is multiple family residences. If the property were to be rezoned, it could conceivably be developed as a residential property in the future under the Office Zone regulations as they exist today. City staff does not view the request as a "spot zoning" request; based on the fact that the property was used as an office use for over 30 years. and the request would not change the character of the neighborhood. The adopted comprehensive plan has also guided the use of the. property for commercial uses. FINDINGS The criteria required for the granting of a Zoning Ordinance Amendment are listed below with proposed findings for the Commission's consideration. 1 Criteria #1 That the original Zoning Ordinance is in error; Finding #1 The original zoning ordinance is in error. The original zoning ordinance established a zoning boundary that is not compatible with the existing use, which is consistent with the commercial guiding of the property. Criteria #2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in community goals and policies that concern this property have not taken place. Criteria #3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 Significant changes in development patterns have occurred in that the subject property is guided for, and have been used by, an office use. This use has existed for over 30 years and the property owner intends to make improvements and additions to ensure .. that the site is a viable office site for the fitture. Criteria #4 That the comprehensive plan requires a different provision. Finding #4 The Comprehensive Plan, as adopted by the Shako pee City Council, guides this property for commercial use, which is consistent with the request. STAFF RECOMMENDATION After evaluating the request against the stated criteria for rezoning, staff recommends approval of the rezoning to Office. ALTERNATIVES 1. Offer a motion to recommend to the City Council the approval of the request to rezone the subject site to Office. 2. Offer a motion to recommend to the City Council the denial of the request to rezone the subject site to Office. 3. Offer a motion to continue the public hearing and request additional information from the applicant and/or staff. 4. Close the public hearing, and offer a motion to table and request additional information from the . applicant andlor staff. ACTION REQUESTED Offer a motion to recommend to the City Council the approval of the rezoning of the subject site to Office Zone, and move its approval. :J:;/~ Kyle Sobota Planner I H:\BOAA-PC\2009\04-09\090 11_ RezoiJ.ing_ Gurlisinghe _ Crossroads. doc 2 Shakopee - Location Maps Page 1 of 1 \ , ~1T1 -1 r- _-1 ' 1_--1 -i 1=----1 I ,'Ie I I I I j' /-___ -1 ,~;,".,-,-,- ---- =\ W ",', ~ \ \ ~ - -- \ " --. \ \ .............~. " \ \ \. "'\ , " " := \. " " >- I, , \ :.: RIB \ \, 00 ~ I ~ \ ~ ... , 00, \ "d ~. \ \, 00 lfIIIR m ~ IIlTTIn l - " . --i l '---'-- . . . . \ _!" I I I ... ". l. . . l l i....... '"\. ....... (t . \, .. r'~", .' . I ~ N _ Subject Property .E SHAKOPEE . .. ... ShaKopee Boundary COMMUNlTYPRlDESlNCR 1857 S [:J Zoning Boundary o Parcel. Boundary Rezoning from Multiple Family Residential (R3) to Office (82) Zone r:-yf/lBI; 14 v. 'ht+n./lrc;C' l"rr;~ ,.......00/01,,,1.....____11.....................;___..-_1__......_ ____t).:.Ll __T\ __ _ u ~ ,r ,''' r 1,. .., ,T"'\ .. ,...-..- .. .-.............. Narrative for zoning change, Crossroads Building, 1335 Tenth Avenue East, Shakopee, MN 55379 This letter has been written to support the application for changing the zoning designation of 1335 Tenth Avenue East, Shakopee from a R3 multiple-family residential zone to a B2 office business zone. The building under consideration is the former Crossroads Medical Center located at 1335, Tenth Avenue East in Shakopee. The property is currently zoned R3 multiple-family residential and I am requesting that it be rezoned to B2 office business. The building was constructed in 1978 by Medivest Partnership and was occupied by the Park Nicollet Clinic from 1978 until they vacated the building in 1995. Because of the R3 zoning they operated under a conditional use permit. When I purchased the building in 1996 the conditional use permit had expired due to non-use. A new conditional use permit was requested on behalf of Crossroads Medical Center to operate a medical facility similar to Park Nicollet Clinic. In the same application I requested permission to operate Shakopee Montessori School in a portion of the building. Both applications were granted by the city council. Crossroads Medical Center and Shakopee Montessori School have operated their businesses in the said premises in an exemplary manner and are proud to be contributing members of the Shakopee business community. Crossroads Medical Center was purchased by Allina Health Partners and moved from the facility in October of2008. As the owner I have sought to attract businesses that could occupy the building under the existing zoning designation. Unfortunately, there are few optionsfor tenants because of the incongruities between the office building structure and the residential zoning. r have received an offer to purchase the building by Dr. Doug Vayda who wishes to operate an orthodontic practice in the building. Dr. Vayda is a reputable orthodontist and has several offices in neighboring communities. He is planning on making improvements to the building and will occupy approximately 25 percent of the available space. r believe that prospective owner occupied status of the building would ensure long term improvement and maintenance of the building. He would ideally lease the remaining space for similar medical uses; however, if it is not possible to find such tenants, he would like the option to lease the remaining space to other business office tenants. In addition due to strict Bank underwriting guidelines, Mr Veyda' s request for a commercial loan has been rejected by more than one Bank because of the current residential zoning of the property . Therefore r request that the planning commission consider this request to change the zoning in the above named parcel of land from a R3 residential to a B2 Business zoning. ~/~ ~~~"ik Gurusinghe ( owners ) Ex-HI [3 rr 13 I - I j '". '...J - ~' " I ". , \.---- - " ..... "'",. ~ ""-'-. ............ , ,-, '>. " r \ " " ~~ , , " ~,....~ "" ~ ~~ .......- " - . ~\ - -- \ , , ~~ i ~~ ~ ~~moffi ~ Subject .... ;. -( ',- .,. , " ... -, Property .,-. '.., '-..' ~a~ ----, , \ \ \ , I - , \ ,\ i ,.---- . , . \ \ I--- f--- \ \ f--- \\ Parcels Within 3S0 Feet : : -.": :,.- ~ :, ", . ':; i '" :, ;;, : ~,' , , ' . :..., : ", . , . . . . .' of 1335 TeBt:h AveBue East \ JlIlII ~ .~ , ; . c . . - , . ' ~ ' ' !'" '\ / SHAKOPEE [:)<Hi g 11 C I " I I "v----1____ , ..