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HomeMy WebLinkAbout14.B. Amendment to City's Zoning Code by allowing in Highway Business (B1) Zone-Ord. No. 708-tabled 6/15/04 CITY OF SHAKOPEE /r.13 . Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Proposal to amend the City's Zoning Code by allowing the Highway Business (B-1) Zone MEETING DATE: July 20,2004 CASELOG: 04046 INTRODUCTION: On June 15,2004, the City Council tabled the proposed text amendment with direction to bring it back to the Planning Commission for consideration of possible additional conditions that should be imposed on such uses. On July 8, 2004 the Planning Commission re-considered the proposed text amendment. DISCUSSION: Concerns brought up in the Council discussion included; . A feeling that the determination reached by the board/commission overreached (i.e. the finding that the proposed use is similar to other similar uses already permitted as conditional uses); . Concern about the density (i.e. 23 units/acre) which is not otherwise permitted in the City's residential zoning districts; . The amount of parking required~ . Concerns about the cost of street and utilities improvements for Bluff A venue and the intersecting streets, and whether the proposed NHHI project would pay its fair share for those improvements. These individual items are discussed in more detail below. The Planning Commission Determination; The Commission concluded that it was comfortable with the determination that it had reached. The Commission specifically pointed to the fact that the Highway Business (B-1) Zone already allows residential use of several types as permitted uses, including; G: \CC\2004\07 -20\txtB-1housing2.doc 1 . Dwellings when combined in the same structure with another, permitted use along the First Avenue corridor (City Code Sec. 11.36, Subd. 2 Permitted Use, I. This provision does not presently limit the density of the residential use; . Single-family and two-family dwellings constructed before December 31, 2003; . Motels and hotels, which can provide extended stay, residential accommodations. The Commission felt that with the text amendment they had recommended to the Council, the Board of Adjustments would retain sufficient flexibility and authority to impose any conditions that might be necessary to insure that the residential use would be at least as compatible as those residential uses that are currently permitted. Density: The Commission felt that a density standard that was based on floor area ratio (FAR) rather than the more typical dwelling units/acre used in the City's residential zoning districts. The FAR standard could (as with the National Handicap Housing Institute [NHHI] proposal) result in a project that would allow more dwellings than permitted in the City's traditional zoning districts, but would restrict the bulk of the building project. In recommending a FAR standard, the Commission used as a touchstone the NHHlproject, which has a lot area of 42,689 (.98 acre) and a total proposed building area of about 21,888 square feet (7,296 per floor x 3 floors). The NHHI project would thus have a floor area ratio of about .51. By contrast, the Central Business (B-3) Zone, which has no setback requirements, allows a maximum floor area ratio of 4.0. The draft ordinance does incorporate a revision regarding aFAR standard. Parking: The Commission felt that the CUP review process was sufficient to allow them to impose additional parking requirements if mandated by the specific proj ect. Given the testimony in the instant NHHI case, and the fact that the project would serve a low-income, handicapped population, the Commission sitting as the Board of Adjustments and Appeals felt that the area provided for parking would be sufficient for that project. Bluff Avenue Reconstruction Costs; The author scheduled a meeting with Mr. Bjerkesett from NHHI and Public Works Director Bruce Loney for Thursday, July 15,2004 to discuss this item. NHHI's concern about entering into an agreement at this time is that, because the project would use federal funds, the Department of Housing and Urban Development (HUD) requirements for such a contract would be very complex. An update on the discuss will be provided at next Tuesday's meeting. G:\CC\2004\07 -20\txtB-1housing2.doc 2 With respect to the concern about paying for street improvements, staff suggests that the individual CUP (in this case for NHHI) could be conditioned on their agreement to waive objection to such future costs. ALTERNATIVES: 1. Offer and approve Ordinance No. 708 approving amending the Highway Business Zone (B-1) by allowing residential uses serving handicapped persons as a conditional use. 2. Do not approve Ordinance No. 708. 3. Table the request for additional information. PLANNING COMMISSION RECOMMENDATION: On re-review, the Commission recommended approval ofthe proposed text amendment with an additional revision related to floor area ratio (FAR). ACTION REQUESTED: Offer and approve Ordinance No. 708 as presented, amending the Highway Business Zone (B-1) by allowing residential uses serving handicapped persons as a conditional use. 4~~~ R. Michael Leek Community Development Director G:\CC\2004\07 -20\txtB-1housing2.doc 3 ORDINANCE NO. 708, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11.36 HIGHWAY BUSINESS ZONE (B-1) THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, Section 11.33 is hereby amended by adding the language that is underlined~ SEC. 11.33. HIGHWAY BUSINESS ZONE (B-1) Subd. 3. Conditional Uses. T. Housing designed to serve the needs of handicapped persons. (Re-letter accordingly) SEC. 11.87. CONDITIONAL USE PERMIT STANDARDS FOR BUSINESS ZONES Subd. 2. Specific Standards for ResidentiallBusinesslIndustrial Zones. Y. housing serving handicapped persons: 1. shall have a floor area ratio (FAR) not exceeding .60 Section 2 - - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota held the day of , 2004. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 2004. G:\CC\2004\07 -20\txtB-1housing2.doc 4