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CR 2012-125 PUD Overlay Rezoning for 525 Blake Roadlw� October 23, 2012 Council Report 12-125 PUD OVERLAY REZONING — 525 BLAKE ROAD Proposed Action Staff recommends the following motion: Move to adopt Resolution 12-80, approving Ordinance 12-1056, placing an overlay zoning of Planned Unit Development (PUD) at 525 Blake Road for second reading. At the Zoning and Planning meeting, Mr. Kuznia moved and Mr. Firth seconded a motion to adopt Resolution RZ12-18, recommending approval of Ordinance 12-1056, placing an overlay zoning of Planned Unit Development (PUD) at 525 Blake Road. The motion was approved unanimously. Overview Hopkins Blake Retail, LLC, has purchased the former BP gas station at 525 Blake Road. They are proposing to redevelop the former BP gas station site located at 525 Blake Road into a retail building. It is proposed that the existing building will be razed and two buildings will be constructed. The new development will also include two lots to the north. One lot is owned by the apartments to the east and the second owned by MnDOT. The development also has a small area in St. Louis Park. At this time Five Guys Burger and Fries, Bruegger's Bagel, Sprint and Fantastic Sam's are the tenants. Two additional tenants can be added. The buildings as proposed will have approximately 12,000 square feet of retail. Access to the new buildings will be from Cambridge Street and a new access will be from Division Street in St. Louis Park. 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 would staff recommend for the PUD agreement? • What was the discussion at the Zoning and Planning meeting? Supporting Documents • Analysis of issues • Resolution 12-80 • Ordinance 12-1056 maxu� C O -n Nancy Anderson, AICP City Planner Financial Impact: $ N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: CR12-125 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 the signage may exceed the allowed square footage and size, the setback along Blake Road will be reduced, the fencing along the east side of the side not screening the apartments. Staff is also concerned about the appearance along Blake Road. The agreement will detail the elevation exterior along Blake Road. • What are the areas that would be included in the overlay zone? The entire site of the new 525 Blake will be included in the overlay zone. • What would staff recommend for the PUD agreement? The following is the staff s recommendations: • Bike parking • Fencing on east side • Signage • Side yard setback along Blake • Exterior elevation along Blake Road • What was the discussion at the Zoning and Planning meeting? Ms. Anderson reviewed the reasons for the PUD overlay district. No one appeared at the public hearing regarding this item. CR12-125 Page 3 Alternatives 1. Approve the overlay zoning of PUD. By approving the PUD overlay, the development will be constructed as proposed. 2. Deny the overlay zoning of PUD. By denying the PUD overlay, the development cannot be constructed as proposed and 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: 12-80 RESOLUTION MAKING FINDINGS OF FACT APPROVING AN ORDINANCE REZONING 525 BLAKE ROAD AND THE TWO LOTS TO THE NORTH OF 525 BLAKE ROAD WITH AN OVERLAY PLANNED UNIT DEVELOPMENT (PUD) WHEREAS, an application for Zoning Amendment ZN12-6 has been made by Hopkins Blake Retail, LLC; WHEREAS, the procedural history of the application is as follows: 1. That an application for zoning amendment was made by Hopkins Blake Retail, LLC; 2. That the Hopkins Zoning and Planning Commission published notice, held a public hearing on the application and reviewed such application on October 22, 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: That part of Lot 68, Auditor's Subdivision No. 239, Hennepin County, Minnesota, described as follows: Beginning at a point on the West line of said Lot 68 distant 122.41 feet South from the Northwest corner of said Lot 68; thence South along said West line 12.56 feet, more or less, to a point 225 feet North from the Southwest corner of said Lot 68; thence East, at a right angle 208 feet; thence South, at a right angle 173.72 feet, more or less, to the North line of the South 55 feet of said Lot 68; thence East along said North line to the West line of the East 140 feet of said Lot 68; thence North along the last mentioned West line to the North line of said Lot 68; thence West along the North line of said Lot 68 to a point 204 feet East from the Northwest corner of said Lot 68; thence South, deflecting to the left 91 degrees 59 minutes 00 seconds, a distance of 76.65 feet; thence Westerly a distance of 209.58 feet, more or less, to the point of beginning; Except that part of the above described land designated as Parcel 33A on Hennepin County Right -of -Way Map No. 2 recorded in the office of the County Recorder as Document No. 435187. AND That part of Lot 68, Auditor's Subdivision Number 239, Hennepin County, Minnesota, located in the North 1/2 of Section 19, Township 117 North, Range 21 West of the 5th Principal Meridian, and described as follows: Beginning at the intersection of the center lines of Monk Avenue and Cambridge Street; thence Northerly along the center line of Monk Avenue a distance of 195 feet; thence Easterly at right angles to said center line of Monk Avenue a distance of 208 feet; thence Southerly at right angles to last described line approximately 195 feet to the center line of Cambridge Street; thence Westerly at a right angle along the center line of Cambridge Street to the point of beginning, excepting therefrom the part thereof conveyed to the City of Hopkins by Document No. 3040482 and further excepting therefrom the part conveyed to Hennepin County by Document No. 4713173. AND All that part of Lot 68, Auditor's Subdivision No. 239, Hennepin County, Minnesota, described as follows: All that part of Lot 68, Auditor's Subdivision No. 239, described as follows; Beginning at the Southwest comer of Tract DD, Registered Land Survey No. 1058, files of the Registrar of Deeds, County of Hennepin, which point is also the Northwest corner of said Lot 68; thence East 204 feet along the South line of Tract DD; thence South for a distance of 76.65 feet along a line which is the South extension of a line distant 204 feet East, parallel with and measured at right angles to the West line of said Tract DD; thence Southwesterly along a line drawn parallel with the Northwesterly line of said Tract DD to the West line of said Lot 68; thence North along the West line of said Lot 68 to the point of beginning, according to the plat thereof on file and of record in the office of the Registrar of Deeds in and for Hennepin County. EXCEPTING THEREFROM the West 74.00 feet of said Lot 68, Auditor's Subdivision No. 239. NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN12-6 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 the B-4 zoning. 3. That the overlay district is consistent with the Comprehensive Plan. 4. That the underlying zoning of B-4 use remains. BE IT FURTHER RESOLVED that application for Zoning Amendment ZN12-6 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 reimburses the City for Attorney's fees associated with the PUD agreement. Adopted this 23nd day of October 2012. ATTEST: Eugene J. Maxwell, Mayor Kristine A. Luedke, City Clerk CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 12-1056 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 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: ATTEST: Kristine Luedke, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date October 23, 2012 November 7, 2012 November 15, 2012 November 15, 2012 Eugene J. Maxwell, Mayor Exhibit A That part of Lot 68, Auditor's Subdivision No. 239, Hennepin County, Minnesota, described as follows: Beginning at a point on the West line of said Lot 68 distant 122.41 feet South from the Northwest corner of said Lot 68; thence South along said West line 12.56 feet, more or less, to a point 225 feet North from the Southwest corner of said Lot 68; thence East, at a right angle 208 feet; thence South, at a right angle 173.72 feet, more or less, to the North line of the South 55 feet of said Lot 68; thence East along said North line to the West line of the East 140 feet of said Lot 68; thence North along the last mentioned West line to the North line of said Lot 68; thence West along the North line of said Lot 68 to a point 204 feet East from the Northwest corner of said Lot 68; thence South, deflecting to the left 91 degrees 59 minutes 00 seconds, a distance of 76.65 feet; thence Westerly a distance of 209.58 feet, more or less, to the point of beginning; Except that part of the above described land designated as Parcel 33A on Hennepin County Right -of -Way Map No. 2 recorded in the office of the County Recorder as Document No. 435187. AND That part of Lot 68, Auditor's Subdivision Number 239, Hennepin County, Minnesota, located in the North 1/2 of Section 19, Township 117 North, Range 21 West of the 5th Principal Meridian, and described as follows: Beginning at the intersection of the center lines of Monk Avenue and Cambridge Street; thence Northerly along the center line of Monk Avenue a distance of 195 feet; thence Easterly at right angles to said center line of Monk Avenue a distance of 208 feet; thence Southerly at right angles to last described line approximately 195 feet to the center line of Cambridge Street; thence Westerly at a right angle along the center line of Cambridge Street to the point of beginning, excepting therefrom the part thereof conveyed to the City of Hopkins by Document No. 3040482 and further excepting therefrom the part conveyed to Hennepin County by Document No. 4713173. AND All that part of Lot 68, Auditor's Subdivision No. 239, Hennepin County, Minnesota, described as follows: All that part of Lot 68, Auditor's Subdivision No. 239, described as follows; Beginning at the Southwest corner of Tract DD, Registered Land Survey No. 1058, files of the Registrar of Deeds, County of Hennepin, which point is also the Northwest corner of said Lot 68; thence East 204 feet along the South line of Tract DD; thence South for a distance of 76.65 feet along a line which is the South extension of a line distant 204 feet East, parallel with and measured at right angles to the West line of said Tract DD; thence Southwesterly along a line drawn parallel with the Northwesterly line of said Tract DD to the West line of said Lot 68; thence North along the West line of said Lot 68 to the point of beginning, according to the plat thereof on file and of record in the office of the Registrar of Deeds in and for Hennepin County. EXCEPTING THEREFROM the West 74.00 feet of said Lot 68, Auditor's Subdivision No. 239.