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    2.    
Planning Commission Regular
Meeting Date: 10/18/2018  
Subject:    PC 18-17, Zone Change from Low Density Residential 2/PUD to General Commercial/PUD, 101st Ave and Foley Boulevard, E & R Investment
From: Scott Harlicker, Planner

INTRODUCTION
The applicant is requesting a zone change of 1.65 acres located at the southeast corner of 101st Avenue and Foley Boulevard from Low Density Residential2/PUD to General Commercial/PUD.
ACTIONS
Conduct a public hearing
Recommendation by Planning Commission
Introduction by City Council on: November 7
60 DAY RULE
The applicant submitted this application on: September 19 

To comply with the requirements of Minnesota Statute §15.99, the City has extended the 60-day period to January 17, 2019
LOCATION
 
The property is located at the southeast corner of Foley Boulevard and 101st Avenue.
  Existing Use Comprehensive Plan Zoning
Subject
Property
Vacant General Commercial Planned Unit Development/Low Density Residential2
North 101st Avenue N/A N/A
South Apartments High Density Residential Planned Unit Development/Low Density Residential2
East Convenience store General Commercial Planned Unit Development/Low Density Residential2
West Foley Boulevard N/A N/A
DISCUSSION
Background

The applicant is proposing to change the zoning of property located at Foley Boulevard and 101st Avenue from Low Density Residential 2/PUD to General Commercial/PUD. The site is 1.65 acres and is currently vacant. This site is the subject parcel in a development project to construct a 100,800 square foot temperature controlled self storage facility. The project includes an amendment to the existing PUD to allow the proposed use.

The PUD ordinance does not allow an amendment to an existing PUD unless the modification is consistent with the current code. Since the underlying zoning is LDR2, the only amendment the code allows is to a detached single family townhome development. To allow the proposed amendment, or any amendment to a different commercial use, the underlying zoning must be changed to General Commercial.

Analysis

In 1998 the site was granted preliminary PUD approval for a restaurant. For the site to be developed as any other commercial use, the underlying zoning must be changed from Low Density Residential 2 to General Commercial. 

The Planning Commission should also give consideration to the evaluation criteria found in Section 11- 304 when making their recommendation on rezoning requests.
 
Section 11-304.10 Criteria Comments
Effect of public health, safety, order, convenience, and general welfare in the area. OK - The proposed zoning will not adversely impact area.
Effect on present and potential surrounding land uses. OK – The proposed zoning will not adversely impact the surrounding land uses.
Conformance with the Comprehensive Land Use Plan.
 

 
OK – The proposed zone change will be consistent with the City’s Comprehensive Land Use Plan. The land use designation is General Commercial
Conformance with any applicable development district. OK – The existing PUD will remain in place.

 
RECOMMENDATION
In Planning Case 18-17, the Planning Commission move to recommend approval of the proposed zone change to General Commercial/PUD based on the following:
  1. The proposed rezoning to General Commercial/PUD is consistent with the land use designation of General Commercial.
  2. The proposed rezoning is compatible with the adjacent land uses and zoning.
  3. The times and conditions have changed so that a reasonable use of the property cannot be made under the current zoning.
  4. The proposed zone change would not have an adverse impact on the area.

Attachments
Location Map
Zoning Map
Land Use Map
Applicant's Narrative

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