Cr2013-100 PUD Overlay Rezoning - Snap Print - Shady Oak RoadSeptember 25, 2013 Council Report 13-100
PUD OVERLAY REZONING — SNAP PRINT — SHADY OAK ROAD
Proposed Action
Staff recommends the following motion: Move to adopt Resolution 13-61, approving Ordinance
13-1067, placing an overlay zoning of Planned Unit Development (PUD) for the redevelopment
of the northwest corner of Shady Oak Road and Bradford Road for first reading.
At the Zoning and Planning meeting, Mr. Kuznia moved and Mr. Firth seconded a motion to
adopt Resolution RZ13-12, recommending approval of Ordinance 13-1067, placing an overlay
zoning of Planned Unit Development (PUD) for the redevelopment of the northwest corner of
Shady Oak Road and Bradford Road. The motion was approved unanimously.
Overview
With the reconstruction of Shady Oak Road, Dan Dorholt is proposing to construct a new
building on the corner of Bradford and Shady Oak Roads. Currently, Leaman's Liquor, Nelson's
Meats, Bakery and Deli and Syndicate Sales are the businesses in this location. Leaman's
Liquor is closing, Nelson's Meats, Bakery and Deli and Syndicate Sales are moving.
The site will be rezoned with an overlay zoning of Planned Unit Development (PUD). The PUD
zoning allows flexibility with the underlying 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
• 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 meeting?
Supporting Documents
• Analysis of issues
• Resolution 13-61
• Ordinance 13-1067
Nancyq- Anderson, AIC13
City P anner
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CR13-100
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 property is rezoned B-3, General Business. For this development to occur as proposed the
property will have a PUD overlay; this would allow flexibility in site development. The
Comprehensive Plan has designated this site as Commercial.
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 B-3, General Business, will remain. In the
proposed development, the side yards setbacks are less than the required, there are fewer parking
spaces than required and the required landscaping is not present.
What are the areas that would be included in the overlay zone?
The entire site will be included in the overlay zone.
• What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the PUD. Ms. Anderson stated the next step was to have the PUD
agreement prepared. No one appeared at the public hearing.
Alternatives
1. Approve the overlay zoning of PUD. By approving, the site will have a PUD overlay on
the site.
2. Deny the overlay zoning of PUD. 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: 13-61
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING AN ORDINANCE FOR AN OVERLAY
PUD ZONING AT 108,116 AND 120 SHADY OAK ROAD
WHEREAS, an application for a Planned Unit Development overlay district ZN13-3 has been
made by Dan Dorholt;
WHEREAS, the procedural history of the application is as follows:
1. That an application for a Planned Unit Development overlay district ZN13-3 was
made by Dan Dorholt;
2. That the Hopkins Zoning and Planning Commission published notice, held a
public hearing on the application and reviewed such application on August 27,
2013: 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 a Planned Unit Development
overly district ZN13-3 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-3 remains.
BE IT FURTHER RESOLVED that application for a Planned Unit Development District ZN13-3
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 1 st day of October 2013.
Eugene J. Maxwell, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 13-1067
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-3
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 1, 2013
October 15, 2013
October 24, 2013
October 24, 2013
Eugene J. Maxwell, Mayor
EXHIBIT A
Lots 9, 10 and 11, Block 1, Oak Ridge 2nd Addition