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HomeMy WebLinkAbout8.a. Case 05-11-CP County Road 46 and Highway 3 Comprehensive Plan AmendmentAGENDA ITEM: Case 05 -11 -CP County Road 46 and Highway 3 Comprehensive Plan Amendment AGENDA SECTION: New Business PREPARED BY: Rick Pearson, City Planner AG EN tj ATTACHMENTS: Draft Resolution, Maps, Draft 01/24/06 PC Minutes, Correspondence APPROVED BY: RECOMMENDED ACTION: Motion to adopt an amendment to the Comprehensive Plan to change the Ian use designation for 92 acres along both sides of State Highway 3 and north of County Road 46 to Commercial. SDROSEMOLINT CITY COUNCIL City Council Regular Meeting: February 21, 2006 EXECUTIVE SUMMARY ISSUE Staff is initiating an amendment to the Comprehensive Plan to designate land for commercial use at the County Road 46 and State Highway 3 (South Robert Trail) intersection The Planning Commission had previously discussed the concept at work sessions in February and March of 2005. At that time, the Planning Commission directed staff to update the C -3 Highway Service and C -4 General Commercial zoning distract standards With that task now complete, the Comprehensive Plan amendment process can proceed. The area is approximately 92 acres on either side of Highway 3, north of County Road 46 It includes seven different parcels, some are portions of right -of -way associated with the old alignment of Highway 3. The Comprehensive Plan has one all encompassing commercial land use category. The amendment will accomphsh the change to the commercial land use designation Rezoning to the specific zoning districts of C -3 or C -4 will occur when applications for development are received and approved The Planning Commission indicated a preference for the west side of Highway 3 allowing automobile and repair shop related uses typical of the C -3, Highway Service Commercial district. The west side of Highway 3 also lends itself for relocation opportunities for businesses onginatmg in the downtown redevelopment area. It is expected that retail uses wholly enclosed m a structure will occur on the east side of Highway 3 consistent with the intent of the General Commercial C -4 zoning district. PLANNING COMMISSION PUBLIC HEARING On January 24, 2006, the Planning Conurussion conducted a pubhc hearing as required for Comprehensive Plan Amendments. There was no one from the audience to provide comment. However, wntten comments were received from three property owners whose land is m or contiguous with the amendment area A property owner whose land is west of the amendment area requested that his property be included. The property owners in support of the amendment were Robert Carlson through his attorney, Jack Miller representing CarNav Five, owner of approximately 40 acres straddling Highway 3; Jerry Anderson of AAA Auto who has an option on a portion of the Car Nav Five property, and Gary Pahl ho owns about 32 acres in the amendment area. Representatives of the SemStream property, the most southern property, are opposed to the land use amendment They have indicated that they intend to expand the existing office building They object because the action will make their use non conforming and it is difficult to find an alternative conforming site due to permitting issues and their desire to maintain railroad access. The Commissioners inquired about permitting requirements, the valuation of above ground tanks and the effect of becoming a non conforming use. Staff explained that valuation would be by Dakota County, and that city staff was unable to estimate the value of storage tanks. The real impact to SemStream would be that as a non conforming use, they would not be able to expand or grow. The Commissioners then indicated their preference for looking at the entire area as commercial and that eventually, the value of the property as a commercial site could be an impetus to have the property redevelop. The Commission felt ultimately this area would be more appropriate for commercial development especially in fight of the development pattern occurrmg on the south side of County Road 46 m Lakeville The Commissioners recommended approval of the Guide Plan Amendment as proposed, including the SemStream property. EXISTING 2020 COMPREHENSIVE PLAN AND ZONING All of the land within 1/4 mile of County Road 46 is currently guided industrial. Industrial land extends to the eastern edge of the Metropolitan Mosquito Control site near Biscayne Ave. The land to the north of the industrial area is guided for business park use and extends to County Road 42. The Murgic Auto repair business is zoned C -3, Highway Service Commercial. EXISTING LAND USES IN AMENDMENT AREA West side of (new) Highway 3 Land use Zornng Semstream (formerly Gas Supply) General Industrial Car Nav Five General Industrial Murgic's Automotive C -3, Hwy Sery Com. Former nght -of -way Business Park /ROW East side of (new) Highway 3 Car Nav Five Pahl property Total Land use Zoning General Industrial Business Park BP -2 Use Gas Distribution Vacant Auto repair Vacant Use Vacant Vacant Acreage 16.58 13.5 approx. 3.83 4.13 approx. [City owns approx. 1.5 acres] Acreage 21.2 approx. 32 59 91.83 PROPOSED COMMERCIAL LAND USE The policies for commercial development m the current Comprehensive Plan are based upon the redevelopment of the histonc downtown area and the existing commercial area along the south side of County Road 42 between Shannon Parkway and Highway 3. The shifting of Highway 3 and the upgrading of County Road 46 creates a new paradigm The most applicable policy is to. "discourage strip commercial and spot zoning patterns that are not consistent with the Comprehensive Plan." The other adopted policies relate more to the protection of adjacent residential uses through mitigative measures. The amount of land proposed for new commercial use is significant enough to avoid the perception of "spot zoning" and extensive enough to allow a variety of development patterns other than "strip commercial Staff is confident that the future traffic volumes generated by the anticipated development south of Rosemount, along Highway 3 and County Road 46, will ultimately support a variety of different commercial development patterns. State Highway 3 and County Road 46 have minor arterial highway classifications and serve as a link between cities across the county. Traffic on Highway 3 is projected to increase significantly as a result of 2 development pressure in Farmington Large tracts of land are poised for development including the approximately 800+ acre "seed" property. The land south of County Road 46 is m Empire Township and is projected to be mined for sand and gravel for 15 -20 years An Environmental Impact Statement has been completed that sets up the expectation for mining on 3,600 acres m Empire Township between County Road 46 and Farmington. It is expected development will occur after numng is complete. SURROUNDING LAND USE Direction North East (north half) (south half) West (across Hwy 3) South (across CR 46) Land Use zoning Business Park, BP -1 Business Park, BP -1 General Industrial Business Park, BP -4 (PUD) Business Park, BP -4 Agriculture Current use Cultivated vacant Cultivated vacant AAA Auto Claret Springs Townhouses Secure Mini- Storage Cultivated Acreage 120 75 28.65 25.4 9.8 Empire Township DEVELOPMENT POTENTIAL There is a variety of parcel sizes available in the subject area. On the west side of Highway 3, the former right -of -way parcels north of Canada Court when assembled equal more than four acres As discussed by the City's Port Authority several small lots of approximately one acre m size, may be platted for stand- alone buildings of up to 12,000 sq. ft. The two vacant parcels next to Murgic's Automotive have the potential to accommodate buildings of up to 60,000 to 70,000 sq. ft Actual performance is usually somewhat lower given the needs for parking, ponding, setbacks, and outdoor storage. Canada Court will provide access for new development on the west side of Highway 3 The relative interest by Semstream, formerly Gas Supply, m redevelopment opportunities is a question. The property has infrastructure including above ground storage tanks, pipe loading racks, a rail spur and there is a pipeline along County Road 46. The spur crosses the old Highway 3 corridor and extends almost to the new Highway 3 right -of -way The site has been m existence since the early 1960's and is a distribution center for bulk propane gas. Although the amendment would result in making the site land use non conforming, the owner would be allowed to operate under the existmg condition and can maintain and repair facilities to ensure continued use. The east side of Highway 3 is large enough to provide a high level of flexibility. The vacant Car Nay Five property between Highway 3 and AAA is about 650 feet deep along County Road 46 at its minimum That is more than enough space for an integrated development. Staff expects something similar to the Rosemount Crossing (570 feet east -to -west) on this corner. Access for the properties east of Highway 3 would occur from the frontage road along County Road 46 and from a new local street that would align with Canada Court The combined 54 acres east of Highway 3 could yield up to about 500,000 sq ft. However, typical development patterns as exemplified along County Road 42 would result in a number closer to 350,000 sq. ft Smaller properties with single -use buildings add setbacks and driveways to the mix that reduces the efficiencies available from mixed or multiple uses CONCLUSION Staff believes that the vacant land on either side of Highway 3 presents an opportunity to expand the inventory of commercial land in a highly visible entry point into the City. The traffic volumes will be increasing with development pressure m the area and commercial development will be drawn to this key 3 intersection of two arterial highways Although an existing use will be considered non conforming due to the land use change, its location immediately adjacent to County Road 46 may lead to redevelopment as the residential growth continues and traffic volumes increase. RECOMMENDATION Approve the resolution. 4 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2006- A RESOLUTION APPROVING THE COMPREHENSIVE PLAN AMENDMENT FOR HIGHWAY 3 AND COUNTY ROAD 46 WHEREAS, the Commumty Development Department of the City of Rosemount is requesting a Comprehensive Plan Amendment concerning property located on the map entitled Exhibit A incorporated herein and attached hereto; and WHEREAS, on January 24, 2006, the Planning Commission of the City of Rosemount held a public hearing and reviewed the Comprehensive Plan changing the land use for the property by reguding it to Commercial; and WHEREAS, on January 24, 2006, the Planning Commission recommended that the City Council adopt an amendment to the Comprehensive Plan to change the land use designation for 92 acres along both sides of State Highway 3 and north of County Road 46 to Commercial; and WHEREAS, on February 21, 2006, the City Council of the City of Rosemount reviewed the Planning Commission's recommendations; and. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves an amendment to the Comprehensive Plan to change the land use designation for 92 acres along both sides of State Highway 3 and north of County Road 46 to Commercial; and ADOPTED this 21st day of February, 2006 by the City Council of the City of Rosemount ATTEST: Linda Jentmk, City Clerk William H. Droste, Mayor Motion by: Second by: Voted in favor: Voted against: Member absent: CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2006- A RESOLUTION APPROVING THE COMPREHENSIVE PLAN AMENDMENT FOR HIGHWAY 3 AND COUNTY ROAD 46 WHEREAS, the Community Development Department of the City of Rosemount is requesting a Comprehensive Plan Amendment concerning property located on the map entitled Exhibit A incorporated herein and attached hereto, and WHEREAS, on January 24, 2006, the Planning Commission of the City of Rosemount held a pubhc hearing and reviewed the Comprehensive Plan changing the land use for the property by reguding it to Commercial; and WHEREAS, on January 24, 2006, the Planning Commission recommended that the City Council adopt an amendment to the Comprehensive Plan to change the land use designation for 92 acres along both sides of State Highway 3 and north of County Road 46 to Commercial; and WHEREAS, on February 21, 2006, the City Council of the City of Rosemount reviewed the Plannmg Commission's recommendations, and. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves an amendment to the Comprehensive Plan to change the land use designation for 92 acres along both sides of State Highway 3 and north of County Road 46 to Commercial; and ADOPTED this 21st day of February, 2006 by the City Council of the City of Rosemount. ATTEST: Linda Jentmk, City Clerk William H. Droste, Mayor Motion by: Second by: Voted m favor: Voted against: Member absent: Highway 3 and County Road 46 Comprehensive Plan Amendment Area AliiiuL► 4 NM C 1 111111 1320 „Etwe Area to be Re- Guided Commercial Empire Township 0 y 4"/ City Boundary A/ Railroad 1320 Feet a Waal MOM i7 G� i'UrMI 9 INETIMEEPAWS monsal INN Lr a RELSPESIISMA PEPqPMI radatiliat r Aw Mrs 0 MU CM 6 1 il y ii LED e :m 0 ,0 1 0S- 4 `,9it EC 10 1 t a Cte t ChR N SE1-14tZ EA:1 FIVE i 1 CAR NAV FIVE tail @I e ��I 4G2 AAA- AuTo ii MED ii P milmm lmg r NOTE Dimensions rounded to nearest fool SITE MAP PKoPtR RE.C or IENDaD PoiZ- CorPREh E.msi VE PLA /4t- i ESL) r9 Copyright 2006, Dakota County This drawing s neither a legally recorded map nor a survey and is not intended to be used as one This dtavnng s a compilation of records, information and data 'ccated in various city, county, and state offices and other sources affecting the area shown and is to be used for reference purposes only Dakota County is not responsible for any inaccuracies herein contained If discrepancies are found, please contact Dakota County Survey and Land Information Department Map Date January 20, 2006 Parcels Updated 122212005 Aerial Photography Co[ u nrr`f re.O LLL (A1Acn'(ECL') PAWL PAHL PAHL Draft Excerpt of Minutes from the Regular Planning Commission Meeting of January 24, 2006 Public Hearing: 05 -11 -CP County Road 46 and Highway 3 Comprehensive Plan Amendment. City Planner Pearson reviewed the staff report. Staff is itutiatmg an amendment to the Comprehensive Plan to designate land for commercial use at the County Road 46 and State Highway 3 (South Robert Trail) intersection. The Planning Commission had previously discussed the concept at work sessions in February and March of 2005. At that time, the Planning Comnussion directed staff to update the C -3 Highway Service and C -4 General Commercial zoning district standards. With that task now complete, the Comprehensive Plan amendment process can proceed The area consists of approximately 92 acres on either side of Highway 3 north of County Road 46. It includes seven different parcels; some are portions of right -of -way associated with the old ahgnment of Highway 3. Mr. Pearson shared the concerns of SemStream, the owner of the southwest corner, who commented by letter about the existing infrastructure (handed out to the Planning Commission earlier). Car Nav Five, AAA, and Mr. McMenomy appear to be m support of the amendment Mr. McMenomy had hoped his portion of property on the west side of the railroad tracks could be included but staff informed Mr. McMenomy it would require a new public hearing to consider the property. Mr. Pearson asked the Comiriissioners to discuss the matter of whether the SemStream property is included in the protect. Ms. Lindquist added that Gary Pahl is fine with the change in land use. Chairperson Messner asked the Commission if they had any questions for Mr. Pearson. Chairperson Messner questioned if by reguiding the SemStream property to commercial and creating a nonconforming use are the tanks considered permanent structures. Mx. Pearson stated the property has been m the general industrial category since the 1960's Above ground fuel tanks and the apparatuses have been considered part of the general industrial district The tanks require permits for expansion This type of use is a permitted use; however, we might want to take a look at the general industrial district to look at the specifics of the property. Commissioner Zurn questioned if SemStream added more tanks would their taxes increase at that time. Mr Pearson stated the Dakota County Assessing Department would handle that type of quesuon. Ms. Lindquist stated staff does not know how they would value the addition of tanks as any improvement would add value. If the property is rezoned, SemSteram would be a nonconforming use and not allowed to expand Chairperson Messner asked for an explanation of the law relating to nonconforming uses m regards to the amount of gallons or volume of materials being stored on site. Ms. Lmdqurst stated there is no way to know how much is being pumped through the site. The real rule of thumb would be if they wanted to add a building or do an addition onto a building instead of the actual amount of fuel running through the system The issue is do you want to allow them to continue, grow and maintain that fac or would your rather make them nonconforming and they redevelop where other land is zoned general industrial Chairperson Messner expressed his concern to work around that property and his preference to look at the area m a whole and not sandwich the property. Commissioner Zurn stated he understood the value of the land would be higher as commercial land than as general industrial land. Ms Lindquist said at some point it may be a higher value. Chairperson Messner opened the Public Hearing There were no pubhc comments. MOTION by Powell to close the Pubhc Hearing Second by Zurn. Ayes: All. Nays: None. Motion approved. There were no follow -up questions or concerns. MOTION by Zurn to recommend that the City Council adopt an amendment to the Comprehensive Plan to change the land use designation for 92 acres along both sides of State Highway 3 and north of County Road 46 to Commercial. Second by Powell Ayes. All Nays None Motion approved. Mr Pearson stated this item would be scheduled for the February 21, 2006 City Council Agenda. January 24, 2006 In regards to: Highway 3 and CR 46 Comprehensive Plan Amendment Area Planning Commission City of Rosemount 2875 145th Street West Rosemount, MN 55068 Dear Planning Commission: I am writing in support of the rezoning of the pioperty iouated at the intersection of County Road 46 and Highway 3. I believe that the rezoning of this property is in the best interest of the City of Rosemount and its citizens. For most of my life my family has owned property and operated businesses in Rosemount mcludmg Phil's Body Shop, AAA Auto Salvage and U- Pull -R -Parts. Htghstone Properties Company LLP owns the property on which Phil's, AAA and U -Pull are located and we have a current binding purchase agreement in place for a portion of the land bemg considered for rezoning As a business and land owner in Rosemount please consider my support of this change when making your recommendation to the City Council. Respectfully, James Anderson Highstone Properties Company LLP 174 ou Highstane Properties Company LLP 2871 West 160th Street Rosemount, MN 55068 r SemStream January 24, 2006 Rosemount Community Development Rick Pearson 2875 145 Street West Rosemount, Minnesota 55068 651- 322 -2052 Re. Rosemount, Minnesota Site South Robert Trail (State Highway 3) and County Road 46 Dear Mr. Pearson: Thank you for your telephone call on January 23, 2006. It is unlikely anyone from SemStream will be able to attend your public hearing tonight (January 24, 2006). As your letter dated January 17, 2006 indicated; the 35 acre property (Cal Nav Five) adjacent to SemStream is now for sale. The City of Rosemount is considering an amendment to its Comprehensive Plan to change zoning of the Cal -Nav Five site and a number of other properties including SemStream from industrial to commercial. SemStream would request that the following be added to record with the Planning Commission; "SemStream acquired this facility from Williams Energy Services in December 2003. We favored this site do to its location in the state, available resources and business opportunities :This site also fit into our aggressive business model. This facility operates as a Butane and Propane truck loading facility servicing customers in a 10 state region. This facility includes 40,000 barrels of liquid storage, railroad connections to Union Pacific Railways and underground pipeline connections to Enterprise Pipeline (Mid America Pipeline). SemStream feels that the existing infrastructure (i.e. pipeline and railroad connections), available at our 16.5 acre site would limit any potential redevelopment opportunity. Per our conversation yesterday, we understand a change to commercial zoning would preclude any building permits required should we decide to add above ground storage or building structures. We take the position that a zoning change to commercial use would limit any future business opportunities and expansion plans at our facility." Please direct all correspondence to; SemStream L.P. Attn Terry LeClair 6120 South Yale Suite 700 Tulsa, Oklahoma 74136 918 -524 -8733 Office 918 -524 -8833 Fax tleclau aisemerouplp coin Thank you for your attention to this matter. Sincerely, ga Dave Scheninan SemStream L.P. Manager of Terminal Operations 3988 North Polzin Road Janesville, Wisconsin 53548 608- 755 -0439 x 222 Office 918 -524 -8896 Fax dschernnanrvsemgroupl p.com did Terry L lair SemStream L.P. Director of Commercial Operations 6120 South Yale Suite 700 Tulsa, Oklahoma 74136 918 -524 -8733 Office 918 -524 -8833 Fax tleclairnn semcrouplp corn January 24, 2006 Mayor, City Council and Planning Commission City of Rosemount 2875 145 Street West Rosemount, MN 55068 Dear Mayor, City Council and Planning Commission Members: RE: 05 -11 -CP County Road 46 and Highway 3 Comprehensive Plan Amendment I noticed in the local newspaper the City has initiated a Comprehensive Guide Plan Amendment changing the future land use plan for land located in the State Highway 3 and County Road 46 area of Rosemount. Properties in the area will be re- guided Commercial. We own property adjacent to the area being considered (see attached exhibit "A and respectfully request the Planning Commission, during its discussions tonight to review and include our property in the Plan Amendment with a designation of commercial. At a minimum, we request the Planning Commission direct staff to consider the request and forward their recommendation in time for the City Council to consider the issue when it is presented to them for their consideration. Currently our land is zoned Agricultural and the Comprehensive Plan guides the property for Business Park. We feel the commercial designation is appropriate in light of the surrounding uses and roadways. Lands to the west are zoned R -2 Residential and are separated by Chippendale Avenue a collector street; lands to the east and north are used as a Self service storage facility which is a permitted use in the C -3 commercial district, lands directly east are to be re- guided commercial; lands to the south are in Empire Township and believed to be used for commercial mining purposes for the next several years. Our property fronts on County Road 46, a major county highway, and Chippendale Avenue a city collector street. Unfortunately, we cannot attend tonight's public hearing. but will be able to make arrangements to discuss the issue with staff after tonight's meeting, if necessary, and we will make ourselves available for the City Council meeting. While you are considering the amendment to the comprehensive plan tonight, we respectfully request to designate our property for commercial uses. Given the property's location, a commercial use seems the most appropriate, reasonable, sensible and economically viable use for the property. Thank you for your time and consideration. Respectfully submitted, Ed McMenomy, Jr. 7 2 Anne F. McMenomy Ls si 'V i a i EXHIBIT "A" Highway 1 Iknd Conroy Rc,(a44Compcebrawive flan Amendolent brew,' 0 in TRONMPE MONUMENT SET OR 70 BE SET -time Tin-whip Pl a P�OS�j /ab O,O 7 D 0 e' P I:3 '1 N. Z S 2• Nti A Na 5E m ��P S89'28'5E'W r- (v w 8000 -m QQ 2�0 c o r— m 1 1/ I A a OUTLOT D 80 DO sE9'29 8' N o DR AINAGE UTILTY EASEMENT 1 PER 00C NO 978993 I ly1 u �I 1 2 J won 7F. S89'28 '58 L Z �Z Lu 160TH S ECT SOUTH LINE OF SE1 /4 SEC 31- T115N -R19W 325.01- 589'28'58 1 W f 0 1 SW CORNER SW' SE CORNER SE DAKOTA CO S ubject Pearson,Rick From: John Miller Dackmm @earthlink net] Sent: Monday, January 23, 2006 1.59 PM To: Pearson,Rick Subject: Car -Nav Five (parcels 340321002370 and 340321002370) Mr. Pearson, Based on its understanding of the proposed Comprehensive Guide Plan Amendment, changing future use from industrial to commercial, Car -Nav Five has no present objection John (Jack) M Miller Attorney for Car -Nav Five 801 Park Ave Mpls MN 55404 Tel 612- 339 -5863 or 952-935-9462 cc by mail Car -Nav Five 1/23/2006 Page 1 of 1