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Home My WebLink About9.a. Rezoning Request at 2925 145th Street West, Polfus Site CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: July 6, 1999 AGENDA ITEM: Rezoning: 2925 145th Street West(Current site AGENDA SECTION: of Polfus Implement) New Business PREPARED BY: Dan Rogness, Community Development Dir. AGEND � ATTACHMENTS: Draft Findings for Denial; P.C.Meeting APPROVED BY: minutes&review(6-8-99);Zoning Map,2020 Comp Guide Plan excerpts Applicant& Owner: David J.Finnegan Location: 2925 145th Street West Area in Acres: 0.67 acres Comp. Guide Plan Desig: Commercial Current Zoning: C-2, Community Commercial Requested Zoning: C-4, General Commercial(any zoning which allows used automobile sales). Surrounding Zoning: West- C-3,Highway Service Commercial (Amoco); North- C-2, Community Commercial(Dakota Central Bldg incl. parking in rear); East-PB,Public/Institutional(Central Park& City Hall); South-R-4,High Density Residential(Senior condos) & C-2, Community Commercial(Rosemount Plaza). Planning Comm. Action: Recommendation for denial(3-1) SUMMARY Mr. Finnegan has requested a rezoning of his property to allow used automobile sales. It is currently the site of Polfus Implement with John Deere products on display. C-4, General Commercial is the most appropriate zoning district which permits Automobile Sales. PLAN1vING COMMISSION PUBLIC HEARING On June 8, 1999, the Planning Commission conducted a public hearing as required. Several people participated, including business owners from Farmington and Rosemount. Mr. Ed McMenomy Sr. and the new owner of the Geraghty building both expressed support for the rezoning in an effort to retain businesses in the downtown. Generally,the Planning Commissioners were sympathetic to the cause of retaining business. However,most of the Commissioners upheld the long-standing policy of encouraging pedestrian oriented uses in the downtown through the prohibition of automobile related uses. Therefore,the majority of the Commissioners felt that land south of CSAH 42 was the preferred area for this type of use. RECOMMENDED ACTION: Motion to adopt a resolution for denial of a rezoning requested by Mr. David Finnegan based upon findings of fact. CITY COUNCIL ACTION: �RAF� CITY OF ROSEMOUNT DAKOTA COUNTY,MINNESOTA � RESOLUTION 1999- A RESOLUTION FOR DE1vIAL OF A REZO1vING REQUESTED BY MR.DAVID FINNEGAN BASED UPON FINDINGS OF FACT WHEREAS,the Community Development Department received an application for a rezoning from C-2, Community Commercial to C-4, General Commercial that would allow automobile sales at the property located at 2925 145th Street West in Rosemount on May 19, 1999; and, WHEREAS,the Planning Commission conducted a public hearing as required by the zoning ordinance on June 8, 1999; arid, WHEREAS,the Planning Commission adopted a motion to recommend denial of the rezoning to the City Council after receiving testimony from adjacent property owners in attendance. NOW,THEREFORE,BE IT RESOLVED,the City Council of the City of Rosemount hereby denies the rezoning to C-4, General Commercial requested for 2925 145th Street West based upon findings of fact: FINDINGS OF FACT 1. The rezoning request is inconsistent with the policies of the City of Rosemount 2020 Comprehensive Plan Section 3.1.4 Commercial regarding the Historic Downtown: "It is intended that the Downtown azea continue to accommodate a mixture of non-auto oriented retail...facilities and function in an historical or traditional fashion with buildings oriented to the street". 2. The Planning Commission adopted a motion to recommend denial of the rezoning request based upon long standing direction originating with the City Council and reiterated by the Downtown Scoping Cominittee to exclude automobile related uses in the historic downtown commercial area. This policy has been implemented in the C-2, Community Commercial District currently in effect. 3. Rezoning the property to C-4, General Commercial in order to legitimize automobile sales would be a"spot zoning"resulting in permitted uses and development standazds inconsistent with all surrounding zoning districts. 4. Automobile sales generally require large sites to accomodate areas for outdoor display, landscaping, customer pazking and loading/unloading of vehicles. The site consists of 0.67 acres,which is insufficient to accomodate up to 30 inventory vehicles in addition to required customer and employee parking and General Commercial District setback � standards. . ADOPTED.this 6th day of July, 1999 by the City Council of the City of Rosemount. . .. Cathy Busho,Mayor ATTEST: Susan�M.Walsh,City Clerk Motion by: Seconded by: Voted in favor: Voted against: . Member absent: Planning Commission Regular Meeting Minutes � June 8, 1999 Page 2 D' tor Rogness. The consensus was approval which generated several question about funding and co 'tment to a plan. A work session will be planned. MOTION by te to recess the meeting unti17:00 p.m. Motio arried unazumously. Public Hearing: R eal Estate Lot Sp ' airperson ros e opene e c earuig or eal Estate Lot Split. The recording secretary has placed the Affidavit o blicati and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr.Pearson described the lot lo ion and noted the applicant had requested that the lot split be tabled because of new otiations.Further inform ' n would be available at the next meeting. There was n dience input. MOTION roste to continue the public hearing for RCD Real E e Lot Split until June 22, 1999. conded by Tentinger. Ayes: Shoe-Corrigan,Weisensel,Tenting Droste.Nays:None. on carried. Public Hearing: Finnegan Rezoning Petition auperson ros e opene e pu ic eanng or rezorung he property at 2925 145th Street West,west of City Hall. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. The applicant,David J. Finnegan,would like the C-2 zoning changed to C-4, General Commercial in order to allow an auto business. City Planner Pearson noted the history of businesses on the site. C-4 zoning would impose 20' setbacks from the front property line and 10' side and rear setbacks. Cars would not be allowed in this setback area and the building would then be non-conforming.However,this would create an area where landscaping and street design could be incorporated. The Draft city of Rosemount 2020 Comprehensive Plan Update provides specific language concerning automobile related uses in the historic downtown. Quote,"It is intended that the Downtown area continue to accommodate a mixture of non-auto-oriented retail office, govemmental,religious, and educational faciliries and function in an historical or traditional fashion with buildings oriented to the street,sidewalks,on-street parking,parking lots behind or between buildings, and small vestpocket parks, or pedestrian-scale open spaces." Staff does not recommend rezoning the property at 2925 145th Street West. Pearson also suggested that a conditional use pernut process could create a way to balance auto Planning Commission Regular Meeting Minutes June 8, 1999 Page 4 hard to change.Weisensel said he would not support the rezoning. Weisensel also noted that the regulations set up clearly avoid auto uses. If this applicant could be accommodated with a Conditional Use Permit,perhaps a definition for this type of auto business could be established, it being different that of a"used car lot." MOTION by Shoe-Corrigan to recommend that the City Council deny the rezoning requested by Mr.Finnegan because the rezoning is inconsistent with the policies of the historic downtown area specified in the Draft City of Rosemount 2020 Comprehensive Plan Update. Seconded by Droste. Ayes: Droste, Shoe-Corrigan,Weisensel.Nays: Tentinger. Motion carried. There being no further business to come before this Commission,upon MOTION by Droste and upon unanimous decision,the meeting was adjourned at 8:42 p.m. Respectfully submitted, Linda Jentink, Recording Secretary Section 3.1.4 of the Draft City of Rosemount 2020 Comprehensove Plan Update provides specific language concerning automobile related uses in the historic downtown: "It is intended that the Downtown area continue to accomodate a mixture of non-auto-oriented retail office, governmental,religious, and educational facilities and function in an historical or traditional fashion with buildings oriented to the street, sidewalks,on-street parking,parking lots behind or between buildings, and small vestpocket parks, or pedestrian-scale open spaces." 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