CR 2012-054 PUD Overlay Rezoning - 415 -17th Ave N-qf6aMay 30, 2012 Council Report 12-54
PUD OVERLAY REZONING — 415 - 17th AVENUE NORTH
Proposed Action
Staff recommends the following motion:
2-1
North for first reading.
of Planned Unit I
At the Zoning and Planning meeting Mr. Firth moved and Ms. Allard seconded a motion to adopt
Resolution RZ12-4, recommending approval of Ordinance 12-1049, placing an overlay zoning of
Planned Unit Development (PUD) at 415 - 17th Avenue North. The motion was approved
unanimously.
Overview
Swervo Development Corporation has a purchase agreement for the former Mayon Plastics
building located at 415 - 17th Avenue North. It is proposed that the west side of the building will
be removed and the east side remodeled to permit a retail area of approximately 10,800 square
feet.
This site is difficult to develop because of the width. All redevelopment proposals on the site
have kept the east half of the existing building because of the setback on the east side. The
remaining area on the west side would be the parking area. The last time Swervo Development
was approved, some of the parking was at the LA Fitness site. At this time LA Fitness is using
all of their parking, so the Mayon site needs to have all of their parking on the site. The width of
the site makes parking stalls and aisles very tight.
The site will be rezoned with an overlay zoning of Planned Unit Development (PUD). The PUD
zoning allows flexibility with the underlying zoning of B-4. 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
• What is the underlying zoning of the property, and how has the Comprehensive
Plan designated the subject site?
• Why place an overlay zone of PUD on this property?
• What are the areas that would be included in the overlay zone?
• What was the discussion at the Zoning and Planning Commission?
Supporting Documents
• Analysis of issues
• Resolution 12-34
Ordinance 12-1049
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Nancy Anderson, AICP
City Pranner
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CR12-54
Page 2
Primary Issues to Consider
• What is the underlying zoning of the property, and how has the Comprehensive
Plan designated the subject site?
The zoning of the property is B-4, Neighborhood Business. For this development to occur as
proposed, the property would have to be rezoned to a PUD overlay; this would allow flexibility
in site development. The Comprehensive Plan has designated this site as Commercial. The base
zoning and Comprehensive Plan designation will remain.
• 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 business will remain. In the proposed
development parking spaces will be in the front yard setback and some of the parking spaces will
not be the required two feet from the lot line.
The flexibility needed is in the parking area. When LA Fitness was constructed, a traffic study
was conducted. The traffic study recommended additional land be reserved on the east side of
17"' Avenue for future intersection improvements. The site plan reflects this additional land
needed, which narrows the site for parking.
• What are the areas that would be included in the overlay zone?
The entire site will be included in the overlay zone.
• What would staff recommend for the PUD agreement?
The following is the staff's recommendations:
• No backlit canned signs
• Bike parking
• Art dedication fee
• What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the reasons for the PUD. Ms. Anderson stated that staff was
recommending that the PUD agreement include no backlit signs, bike racks and an art dedication
fee. Sheldon Berg, representing the applicant, appeared before the Commission. No one
appeared at the public hearing.
CR12-54
Page 3
Alternatives
1. Approve the overlay zoning of PUD. By approving the PUD agreement, the applicant
will be able to construct the development as proposed.
2. Deny the overlay zoning of PUD. By denying the PUD agreement the applicant will not
be able to redevelop the site 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.
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: 12-34
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING AN ORDINANCE FOR AN OVERLAY
PUD ZONING AT 415 - 17TH AVENUE NORTH
WHEREAS, an application for Zoning Amendment ZN12-1 has been made by Swervo
Development;
WHEREAS, the procedural history of the application is as follows:
1. That an application for zoning amendment ZN12-1 was made by Swervo
Development;
2. That the Hopkins Zoning and Planning Commission published notice, held a
public hearing on the application and reviewed such application on May 29, 2012:
all persons present were given an opportunity to be heard;
3. That the written comments and analysis of City staff were considered.
NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN12-1
is hereby approved based on the following Findings of Fact:
1. That the overlay district is consistent with the Comprehensive Plan.
2. That the underlying zoning of B-4 remains.
BE IT FURTHER RESOLVED that application for Zoning Amendment ZN12-1 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 PUD development.
2. That the Applicant reimburse the City for Attorney's fees associated with the PUD
agreement.
Adopted this 5th day of June 2012.
ATTEST:
Eugene J. Maxwell, Mayor
Kristine A. Luedke , City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 12-1049
AN ORDINANCE ESTABLISHING A PLANNED UNIT
DEVELOPMENT OVERLAY DISTRICT
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 existing B-4
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 PUD. The requirements governing or applicable within PUD Overlay District
shall be as set forth in the PUD agreement.
First Reading:
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
ATTEST:
Kristine Luedke, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
June 5, 2012
June 19, 2012
June 28, 2012
June 28, 2012
Eugene J. Maxwell, Mayor
Date