CR 2012-086 Rezoning - Gallery Flats ApartmentsAugust 1 2012 Council Re
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REZONING — GALLERY FLATS APARTMENTS
Proposed Action
Staff recommends the following motion:
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from B-2, Central Business, to Mixed Use for first reading.
At the Zoning and Planning meeting, Mr. Kuznia moved and Ms. Naef seconded a motion to
adopt Resolution RZ12-10, recommending approval of Ordinance 12-1053, rezoning the
property at 815 First Street South and 31- 91h Avenue South from B-2, Central Business, to
Mixed Use. The motion was was approved unanimously.
Overview
In 2010 the City had a purchase agreement for the former Park Nicollet site at 815 First
Street South. The City closed on the property in 2011. Also in 2010 the City put out a
request for proposals (RFP) to redevelop the site, and three companies responded. Klodt
Development, LLC was the City Council's choice to redevelop the site. Klodt has also
secured the former Lutheran Digest building property to add to the development. Klodt
Development, LLC is proposing to construct two apartment buildings. The first building will
be constructed along Eighth Avenue and have 73 units. The second building will be
constructed along First Street and Ninth Avenue and have 90 units.
With this rezoning the zoning and the Comprehensive Plan will be consistent.
Primary Issues to Consider
• What is the Comprehensive Plan designation?
• What is the existing zoning of the subject site?
• What does the Mixed Use zoning allow?
• Should the site be rezoned from B-2 to Mixed Use?
• What was the discussion at the Zoning and Planning meeting?
Supporting Documents
• Analysis of Issues
• Resolution 12-55
• Ordinance 12-1053
v
Nancy . Anderson, AICP
City Planner
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CR12-86
Page 2
Primary Issues to Consider
• What is the Comprehensive Plan designation?
The Comprehensive Plan has designated the site as Mixed Use.
• What is the existing zoning of the subject site?
The site is zoned B-2, Central Business.
• What does the Mixed Use zoning allow?
The Mixed Use zoning allowed multiple family dwellings and commercial space. The
proposed use complies with the permitted uses.
• Should the site be rezoned from B-2 to Mixed Use?
The B-2 zoning is downtown zoning. With the new comprehensive plan, the surrounding
areas of the three LRT stations have been guided mixed use. The rezoning of this site will
make the comprehensive plan and zoning consistent. The rezoning is consistent with the
vision the City has for the redevelopment of Eighth Avenue.
• What was the discussion at the Zoning and Planning meeting?
Ms. Anderson stated that this development would be rezoned to Mixed Use, it is guided
mixed use so both documents will be consistent. No one appeared at the public hearing
regarding this item.
Alternatives
1. Approve the rezoning. By approving the rezoning, the applicant will be able to construct
the apartments as proposed.
2. Deny the rezoning. By denying the rezoning, the applicant will not be able to construct
the property as proposed. If the City Council considers this alternative, findings will
have to be identified that support this alternative.
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: 12-55
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING AN ORDINANCE REZONING THE FORMER PARK NICOLLET AND
LUTHERAN DIGEST SITES FROM B-2 TO MIXED USE
WHEREAS, an application for Zoning Amendment ZN12-3 has been made by Klodt
Development LLC;
WHEREAS, the procedural history of the application is as follows:
1. That an application for zoning amendment was made by Klodt
Development, LLC;
2. That the Hopkins Zoning and Planning Commission published notice, held
a public hearing on the application and reviewed such application on July
31, 2012: 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:
Parcel 1:
The South 36 feet of Lot 13, and all of Lots 14, 15, 16, 17, 18, 19,
and 20, Block 4, "WEST MINNEAPOLIS," Hennepin County,
Minnesota, together with the East half of the vacated alley in said
Block 4, lying between the westerly extension of the North line of
the South 36 feet of said Lot 13, and the westerly extension of the
South line of said Lot 14, and including that part of the vacated
alley in said Block 4 lying between the westerly extension of the
North line of said Lot 15 and the Westerly extension of the South
line of said Lot 17, all in "West Minneapolis," except those
portions embraced within the following -described two tracts:
Exception Tract A: Lot 13, except the North 14 feet thereof, and
the North 18 feet of Lot 14, Block 4, together with the easterly half
of the vacated alley in said Block 4, lying between the Westerly
extension of the South line of the North 14 feet of said Lot 13, and
the westerly extension of the South line of the North 18 feet of said
Lot 14" all in "WEST MINNEAPOLIS," Hennepin County,
Minnesota.
Exception Tract B: That part of Lots 15 and 16, Block 4, "WEST
MINNEAPOLIS," described as follows: Beginning at the
Southeast corner of said Lot 15; thence Southerly along the East
line of said Lot 16 a distance of 8.49 feet; thence Westerly,
deflecting 89 degrees 42 minutes 54 seconds to the right a distance
of 127.44 feet; thence Northerly, deflecting 90 degrees to the right
a distance of 50.00 feet; thence Easterly, deflecting 90 degrees to
the right a distance of 127.69 feet to the East line of said Lot 15;
thence South along said East line to the point of beginning.
Parcel 2:
Tract A: Lot 13, except the North 14 feet thereof, and the North 18
feet of Lot 14, Block 4, together with the easterly half of the
vacated alley in said Block 4, lying between the Westerly
extension of the South line of the North 14 feet of said Lot 13, and
the westerly extension of the South line of the North 18 feet of said
Lot 14, all in "WEST MINNEAPOLIS," Hennepin County,
Minnesota.
Tract B: That part of Lots 15 and 16, Block 4, "WEST
MINNEAPOLIS," described as follows:
Beginning at the Southeast corner of said Lot 15; thence Southerly
along the East line of said Lot 16 a distance of 8.49 feet; thence
Westerly, deflecting 89 degrees 42 minutes 54 seconds to the right
a distance of 127.44 feet; thence Northerly, deflecting 90 degrees
to the right a distance of 50.00 feet; thence Easterly, deflecting 90
degrees to the right a distance of 127.69 feet to the East line of said
Lot 15; thence South along said East line to the point of beginning.
Tract C:
Non-exclusive easement for driveway and access purposes over,
across and upon the North 14 feet of Lot 13, Block 4, "WEST
MINNEAPOLIS," Hennepin County, Minnesota. (Easement in
Gross)
Lots 21, 22, 23 and 24, Block 4, West Minneapolis, Hennepin
County, Minnesota, together with that part of the vacated alley
adjoining Lots 21 and 22 accruing thereto.
NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment
ZN12-3 is hereby approved based on the following Findings of Fact:
1. That the Comprehensive Plan has designated the site as mixed use.
2. That the proposed use complies with the permitted use of the mixed
use zoning.
3. That the zoning and the Comprehensive Plan designation will be consistent.
Adopted this 6th day of August 2012
ATTEST:
Eugene J. Maxwell, Mayor
Kristine A. Luedke , City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 12-1053
AN ORDINANCE REZONING 815 FIRST STREET AND 31 NINTH AVENUE SOUTH
FROM B-2 TO MIXED USE
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That the present zoning classification of B-2, Central Business, upon the following described
premises is hereby repealed, and in lieu thereof, the said premises are hereby zoned as Mixed
Use.
Parcel 1:
The South 36 feet of Lot 13, and all of Lots 14, 15, 16, 17, 18, 19, and 20, Block 4, "WEST
MINNEAPOLIS," Hennepin County, Minnesota, together with the East half of the vacated alley
in said Block 4, lying between the westerly extension of the North line of the South 36 feet of
said Lot 13, and the westerly extension of the South line of said Lot 14, and including that part of
the vacated alley in said Block 4 lying between the westerly extension of the North line of said
Lot 15 and the Westerly extension of the South line of said Lot 17, all in "West Minneapolis",
except those portions embraced within the following -described two tracts: Exception Tract A:
Lot 13, except the North 14 feet thereof, and the North 18 feet of Lot 14, Block 4, together with
the easterly half of the vacated alley in said Block 4, lying between the Westerly extension of the
South line of the North 14 feet of said Lot 13, and the westerly extension of the South line of the
North 18 feet of said Lot 14" all in "WEST MINNEAPOLIS," Hennepin County, Minnesota.
Exception Tract B: That part of Lots 15 and 16, Block 4, "WEST MINNEAPOLIS," described as
follows: Beginning at the Southeast corner of said Lot 15; thence Southerly along the East line of
said Lot 16 a distance of 8.49 feet; thence Westerly, deflecting 89 degrees 42 minutes 54 seconds
to the right a distance of 127.44 feet; thence Northerly, deflecting 90 degrees to the right a
distance of 50.00 feet; thence Easterly, deflecting 90 degrees to the right a distance of 127.69
feet to the East line of said Lot 15; thence South along said East line to the point of beginning.
Parcel 2:
Tract A: Lot 13, except the North 14 feet thereof, and the North 18 feet of Lot 14, Block 4,
together with the easterly half of the vacated alley in said Block 4, lying between the Westerly
extension of the South line of the North 14 feet of said Lot 13, and the westerly extension of the
South line of the North 18 feet of said Lot 14, all in "WEST MINNEAPOLIS," Hennepin
County, Minnesota. '
Tract B: That part of Lots 15 and 16, Block 4, "WEST MINNEAPOLIS," described as follows:
Beginning at the Southeast corner of said Lot 15; thence Southerly along the East line of said Lot
16 a distance of 8.49 feet; thence Westerly, deflecting 89 degrees 42 minutes 54 seconds to the
right a distance of 127.44 feet; thence Northerly, deflecting 90 degrees to the right a distance of
50.00 feet; thence Easterly, deflecting 90 degrees to the right a distance of 127.69 feet to the East
line of said Lot 15; thence South along said East line to the point of beginning.
Tract C:
Non-exclusive easement for driveway and access purposes over, across and upon the North 14
feet of Lot 13, Block 4, "WEST MINNEAPOLIS," Hennepin County, Minnesota. (Easement in
Gross)
Lots 21, 22, 23 and 24, Block 4, West Minneapolis, Hennepin County, Minnesota, together with
that part of the vacated alley adjoining Lots 21 and 22 accruing thereto.
First Reading:
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
ATTEST:
Kristine A. Luedke, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date
August 6, 2012
August 21, 2012
August 30, 2012
August 30, 2012
Eugene J. Maxwell, Mayor