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CR 2014-076 - PUD Overlay Rezoning - Oxford VillageJuly 30, 2014 Council Report 14-76 PUD OVERLAY REZONING – OXFORD VILLAGE ProL)osed Action Staff recommends the following motion: Move to adopt Resolution 14-36, approving Ordinance 14-1076, placing an overlay zoning of Planned Unit Development (PUD) for the Oxford Village apartments for first reading. �i At the Zoning and Planning meeting, Mr. Fisher moved and Mr. Hunke seconded a motion to adopt Resolution RZ14-6, recommending approval of Ordinance 14-1076, placing an overlay zoning of Planned Unit Development (PUD) for the Oxford Village apartments. The motion was approved unanimously. Overview Project for Pride in Living (PPL) is proposing to construct a 51 -unit affordable apartment complex on the southeast corner of Oxford Street and Blake Road. The property addresses are 1202-1304 Oxford Street. There are currently six duplexes on this property. PPI, has purchased the duplexes. The six duplexes will be razed and the new apartment complex constructed. This new apartment building will abut the expanded Cottageville Park to the south. The site will be rezoned with an overlay zoning of Planned Unit Development (PUD). The PUD zoning allows flexibility with the Linderlying zoning of Mixed Use. Along with the overlay zoning to PUD, there will be an agreement with specific parameters on how the site will be developed. Primary Issues to Consider 0 What is the underlying zoning of the property, and how has the Comprehensive Plan designated the subject site? 0 Why place an overlay zone of PUD on this property? 0 What are the areas that would be included in the overlay zone? 0 What would the recommend for the PUD agreement? 0 What was the discussion at the Zoning and Planning meeting? Stimportill —Docunients Analysis of issues Resolution 14-36 Ordinance 14-1076 Nancy S Anderson, AICD City Planner Financial Impact: N/A —Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: CR 14-76 Page 2 Pri nj_qi°yjs sties to Consider What is the underlying zoning of the property, and how has the Comprehensive Plan designated the subject site? The property will be rezoned to mixed use. For this development to occur as proposed the property will need a PUD overlay; this would allow -flexibility in site development. The Comprehensive Plan will be changed to Mixed Use. With the rezoning to Mixed Use, the Comprehensive Plan designation will be consistent with the zoning. 0 Why place an overlay zone of PUD on this property? The Planned Unit Development allows a site-specific development with the underlying zoning remaining. This type of development allows for a departure from the strict application of the zoning standards. The applicant and the City enter into an agreement defining the specific allowed uses and performance standards for each PUD, and these are delineated in the agreement. In this case the underlying zoning of Mixed Use will remain. In the proposed development the FAR is less than the required, the canopy will be in the front yard setback, the rear setback is larger than allowed and the landscaping is not the required I percent. 0 What are the areas that would be included in the overlay zone? The entire site will be included in the overlay zone. 0 What would the staff recommend for the PUD agreement? The staff would recommend that the alley be reconstructed to the applicant's lot line and to City standards. a What was the discussion at the Zoning and Planning meeting? Ms. Anderson reviewed the overlay with the Commission. No one appeared at the public hearing regarding this item. Alternatives 1. Approve the overlay zoning of PUD. By approving the overlay district the apartment building will be constructed as proposed. 2. Deny the overlay zoning of PUD. By denying the overlay district the apartment building as proposed will not be able to be constructed as proposed. If the overlay zoning is not approved, the existing zoning will remain and any redevelopment of these sites will have to be consistent with the existing zoning. 3. Continue for further information. If the City Council indicates that further information is needed, the item should be continued. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 14-36 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN ORDINANCE REZONING THE 1202-1304 OXFORD STREET WITH AN OVERLAY 13LANNED UNIT DEVELOPMENT (PUD) WHEREAS, an application for Zoning Amendment ZN14-4 has been made by Pro�jcct for Pride in Living (PPL); WHEREAS, the procedural history of the application is as follows: I . That an application for zoning amendment was made by PPL; 2. That the Hopkins Zoning and Planning Commission published notice, held a public hearing on the application and reviewed such application on July 29, 2014: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staff were considered. 4. The legal description of the property is as follows: That part of South 40 feet of Lot 69 and of the north 98 feet of Lot 70 lying west of east 495 feet thereof and east of west 33 feet thereof,, Auditor's Subdivision No. 239 West 55 feet of east 495 feet of south 40 feet of Lot 69 and west 55 feet of east 495 feet of north 98 -feet of Lot 70, Auditor's Subdivision No 239 West 55 feet of east 440 feet of south 40 feet of Lot 69 and west 55 feet of east 440 feet of north 98 feet of Lot 70, Auditor's Subdivision No. 239 West 55 feet of east 385 feet of south 40 feet of Lot 69 and west 55 feet of east 385 feet of north 98 feet of Lot 70, Auditor's Subdivision No. 239 West 55 feet of east 330 feet of south 40 feet of Lot 69 and west 55 feet of east 330 feet of north 98 feet of Lot 70, Auditor's Subdivision No. 239 West 55 teet of east 275 feet of south 40 feet of Lot 69 and west 55 -feet of east 275 feet of north 98 feet of Lot 70, Auditor's Subdivision No. 239 NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN 14-4 is hereby approved based on the following Findings of Fact: 1. That the Planning Commission reviewed the proposed development. 2. That the proposed development -use is consistent with Mixed Use zoning 3. That the overlay district is consistent with the Comprehensive Plan. 4. That the underlying zoning of Mixed Use remains. BE IT FURTHER RESOLVED that application for Zoning An-icndnicnt ZN 14-4 is hereby approved subject to the following conditions: 1. That the Applicant and the City enter into an agreement that satisfies all the conditions and requirements for this PUT) development. 2. That the Applicant reimburse the City for Attorney's fees associated with the PUD agreement. 3. That the applicant reconstruct the alley to the lot line with a minimum width of 24 feet and be constructed to City of Hopkins standards. Adopted this 4th day of August 2014 Eugene J. Maxwell, Mayor ATTEST: Amy Domeier, City Clerk CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 14-1076 AN ORDINANCE ESTABLISHING A PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT FOR THE OXFORD VILLAGE APARTMENTS THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: All of the land described in Exhibit A attached hereto and incorporated herein is hereby established and zoned as a Planned Unit Development (PUD) Overlay District. The Mixed Use zoning classification for the land included in the PUD Overlay District shall remain in effect as the underlying zoning classification with an overlay zoning classification of Planned Unit Development or PtJD. The design standards permitted in the PUD overlay district shall be those described in Exhibit B as well as the requirements governing or applicable within the PUD Overlay District as set forth in the PUD agreement. First Reading: Second Reading: Date of Publication: Date Ordinance Takes Effect: AT Amy Domeier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date August 4, 2014 August 19, 2.014 August 28, 2014 August 28, 2014 Eugene J. Maxwell, Mayor That part of South 40 feet of Lot 69 and of the north 98 feet of Lot 70 lying west of east 495 feet thereof and east of west 33 feet thereof, Auditor's Subdivision No. 239 West 55 feet of east 495 feet of south 40 feet of Lot 69 and west 55 feet of east 495 feet of north 98 feet of Lot 70, Auditor's Subdivision No 239 West 55 feet of east 440 feet of south 40 feet of Lot 69 and west 55 feet of east 440 feet of north 98 feet of Lot 70, Auditor's Subdivision No. 239 West 55 feet of east 385 feet of south 40 feet of Lot 69 and west 55 feet of east 385 feet of north 98 feet of Lot 70, Auditor's Subdivision No. 239 West 55 feet of cast 330 IM of south 40 feet of Lot 69 and west 55 feet of east 330 feet of north 98 feet of Lot 70, Auditor's Subdivision No. 239 West 55 feet of east 275 feet of south 40 feet of Lot 69 and west 55 feet of east 275 feet of north 98 feet of Lot 70, Auditor's Subdivision No. 239