The URL can be used to link to this page

Home My WebLink About4.o. AVR, Inc. Rezoning Petition - Set Public Hearing i L CiCy of Rosemount Executive Summary for Action City Council Meeting Date: Auqust 17, 1993 Agenda Item: AVR, Inc. Rezoning Petition: Agenda Section: Set Public Hearing CONSENT AGENDA Prepared By: Lisa Freese Agenda Nos Director of Planning '��A � �� Attachments: Memo; Public Notice; Mailing Apgr ed List; Location Map. AVR, Inc. has petitioned to rezone the property a 14760 outh Robert Trail from C-2 Community Commercial to C-4 General Co ercial . The applicant has indicated that Repairs, Inc. is considering purchasing the property and an auto-related use is nat a permitted use in the current zoning district. 3t would be in the C-4 district, but the building would be rendered nonconforming in the C-4 district. The Planning Commission reviewed the request and is recommending denial of the rezoning petition. A public hearing must be held to consider rezoning petitions. Planning staff is recommending that a hearing be set for September 7, 1993 . Recommended Act�.ons MOTION to schedule a gublic hearing for , September 7, 1993 at 8 :00 p.m. or as soon thereafter as possible to hear public testimony regarding the Rezoning Petition submitted by AVR, Inc. City Council Action: 08/17/93.062 , , ��Z� O 0��1fYL01�L32� PHONE (612)423-4417 2875•145th StreeC West,Rosemount,Minnewta MAYOR FAX (612)4235203 Mailing Address: Edward B.McMerMsmy P.O.Box 570,RosemnuM,Minnesota 55068-0510 COUNCILMEMBERS `I`O: Plr`llllllilg �OICIII1LSSlOri Sheiia Klassen James(Redj Staats Harry Willcox T+`ROM: Lisa �eese, DII'eCtOP Of PIaT1I11IIg pennis wippermann ADMINISTRATOR D��: August 6, 1993 st8p►,a��k SUsJ: August 10, 1993 Regular Meeting Reviews Agenda Item 11 A'rrAcffiv1E1v't'S: Petition, Zoning Ordinance Fxcerpts, Site Map, Location Map. 11. AVR ING FENSION PLAN & TRUST; REZ4NING PETITION 14760 South Rabert Trail NATURE QF REOUEST AVR Tnc. Pension Plan & Trust, owner of the building located at 147b0 South Robert Trail, has petitioned the City to rezaned the property from C-2, Community Commercial to C-4 General Cammercial. The petition does not state the specific reason far the request, but the Planning Department has been contacted by an auto dealer currently Iocated at the Repairs, Inc facility. This dealer has inquired about relocating his business to the subject property and the property owned by Dave Lawson on the west side of South Robert Trail. No specific inforrnation regarding the proposed business and how the site will be utilized to accommodate the business were suhmitted with the petition. The building is currently aperated as a multi-tenant retaiUoffice building. Based on a site inspection of the property it appea.rs that the uses consist of a video store/tanning salon, a vacuum cleaner sates office and shop, possibly an upholstery workshop and a couple of service office spaces. The area in front and on the north side of the building is surfaced with asphalt. The area on the east and the south side of the building is not surfaced. � According to the Dakota County Assessor's records the building was constructed in 1966 as an automobile garage. In 1980 it was converted from a garage to office and storage uses. The Assessor's records indicate that since that time, it has be usect for retail, offi�e and storage use. The Taxatian records at Dakota County list National City Bank of Minneapolis as the contract for deed purchaser of the building. The purchase was recorded in February 1�91. The fee holder of the pmperty is listed as Ray and Audrey Rother. The Zoning Ordinance requires that all petitions be submitted by the praperty owner. Prior to any action on the rezaning petition, the applicant should provide documentation acceptable to the Ciry Attorney clarifying the ownership and/or standing that they have to bring forth the petitian. Planning staff contacted the applicant's office and requested more information regarding the clarification of ownership, the property's current uses and groposed changes. �ver�l�:ng's �oming �� losem.oun�� s:`or�ei3o a � . ...._.e._,_e. � � Planning Commission Meeting Reviews AVR Rezoning Petition August 10, 1993 HISTORY OF THE ZONING ORDINANCE: The petitioner's stated rea.son for the rezaning is to correct an alleged error that occurred when the new zoning ordinance was adopted in 1989. Under the old zaning ordinance auto related uses were not expressly permitted in the C-2 zaning district. The intent of the district does not imply that auto related uses are appropriate. It is the Planning Department's understanding that the Ordinance cl�cations with the new zoning ordinance in 1989 was intended to clear up this issues. It is important to note that this building was purchased by the current owner in 1991 nearly two years after this ordinance was enacted. Zfie owners, if they adequately researched the property prior to purchase, should have been aware of the permitted uses under the zoning ordinance. Prior to 19$9, the G2 zoning district did not specifically re,gulate auto related uses (repair - shops and sales facilities)/ When the present zoning ordinance was adopted, there was an effort to clarify the ordinance by modifying the language of the C-2 district to expressly prohibit auto related types of uses. The G2 is specifically designed to deal with much of the older commercial development because setbacks and parking requirements are relaxed. A new zoning distriet, C-3 Highway Service Gommercial, was also added at that time. The G 3 district is designed as a highly specialized district that provides auto reiated services to passing motorists, This district is to be located in highly visible areas. There are scattered C-3 sites in the downtown and along County Road 42. An example of an appropriate application af this district would be an auto service center like the one on County Road 42 and Galaxy in Apple Valley The C-4 district is the most intense commercial district and it is designed to accommodate suburban type of development with increased setbacks and parking intended to be accommocfiated on-site. SURRQIJI�TDING CONDITiONS' The property in question is located in the downtown commercial area. The area to the north and on the west side of Trunk Highway 3 is zoned G2, Community Commercial and designated as Commercial in the Comprehensive Plan. E�cisting uses to the north consist of an office building in the first lot to the north and Fluegel Elevator two lots to the north. To the east of the site is the Soo Line Railroad right-of-way and CMC Heartland Partners proposed residential development. To the south is the Strese Oil property. The building is currently used as an auto repair facility and the Strese's ice making business is on the northwestern corner of the property. This property is zoned C-3 �Iighway Commercial. On the immediate west side of Trunk Highway 3, the property owned by Dave Lawson is zoned C-2. The site contains three nonconforming uses: Pro-Tune, Dave's Auto Body and Mr. Lawson's auto dealership. The auto body shop and sales Iot are considered legal nonconforming. In 1991, the City Council allowecl Pro-Tune to locate on this property. The Council decided that this was not an expansion of a nonconforming use. This decisian B:108-10-93Ai1 Page 2 of 4 � Planning Commission Meeting Reviews AVR Rezoning Petition August 10, 1993 overturned a Planning Commission decision of an administrative appeal. The Planning Commission had supported the Planning staff decision that the establishment of Pro-'h�ne constituted an expansion of a nonconforming use as defined by the zoning ordinanee. Master Transmission is located south of Mr. Lawson's property. In 1992, this property was rezoned to C-4, General Industrial in response to a petition to rezone the property to C-3 by the owner. The Planning Commission and City Couneil discussed this item an several occasions prior to taking final action. The City Council decided that the property shauld be rezoned because the use existed at the time of the clarification in the ordinance. As a result the ordinance change rendered an e�cisting auto related business a nonconforming use. EVALUATION OF THE REQUEST: Use of Buildin� The building, while originally canstructed as an auto garage, has been canverted to other uses for over 20 years. It has been demonstrated that the property can be utilized for the uses permitted under the C-2 district. If the property is not rezoned the property owner will still be able to use the property for a number of reasonable uses. Setbacks In the C-2 district there are no setback requirements for the building or surface parking. If the property is rezoned, the use of the site would be severely restricted by setbacks: FRONT SIDE REAR Bt�[.D�rr� 30' 10' 10' SuxFACE P,�xxlt�rc 20' 10, 10„ The attached map identifies the restrictians placed upon the property under the C-4 zoning, The building encroaches into the rear setback and rezoning would render it nonconforming with regard to setbacks. The on-site parking is presently accommodated by perpendicular parking along the north and west sides of the building. 'These parking areas would be nonconforming to the C-4 requirements and would need to be eliminated or greatly reduced. Parkin� In the G=4 district is intended to be provided on-site. The building is appro�cimately 8,OQ0 square feet. Under the parking requirements at full occupancy between 30 and 50 spaces would be required. Only about 10 parking spaces consistent with the C-4 district can be provided on the property. If the property is intended to be utilized for outdoor vehicle sales, a11 displayed vehicles must also met the setback requirements and cannot encraach into required parking. Consistency with Plans The recently adopted comprehensive plan designates this area as cornmercial and suggests that such uses may be appropriate if the site can accommodate it adequately. In this particular B:�I18-10-93.011 Page 3 of 4 � � Planning Commission Meeting Reviews AVR Rezoning Petition August 10, 1993 instance the site is not capable of being ordinance consistent. The policies in the Comprehensive Plan are attached far your review. A downtown scoping committee has been working for the past year to develop a more detailed blueprint for the downtown. Qn August 18, they will be presenting their repart to the City Council and Planning Commission: It is Planning Staff understanding that one of the recommendations of their report will be to discourage the development of additiflnal auto related use� north of 42. REeomMErmEn AcTTox• After reviewing this request, Planning staff feels that many findings support recommending denial of the rezoning petition such as 1) the present zoning corresponds with the current utilization of the building; 2) rezoning would render the building nonconforming with regard to setbacks and parking; and 3) the site is not conducive to outdoor auto sales. If the Planning Commission concurs with the Planrung Staff analysis, it would be appropriate to recommend that the City Council proce�d to set a public hearing and make a recommendation of denial to the Council. This information provided by the petition, however, is quite sketchy and the Commission may feei more comfortable tabling action at this time. It would be my recommendation that you reqaest that the applicant provide documentation of ownership, more detail about any proposed uses and specifies regarding the current use of the building (tenants, business type, size of building, size of lot, etc.). B:108-10-93.811 Page 4 of 4 No: �, Date: ' City of Rosemount ' REZONING PETITION AVR INC. PENSION PLAN & TRUST 432-7132 App{icant: Phone: Address: 6801 West 150th Street - Apple Valley, MN 55124 • STATUS OF APPUCANT: X Ownec Buyer Lessse OTHER: LOCATION: Lot Block , Addition See attached Eashibit A � Street Addt'ess: _ 14760 So. Robert TraiL Rosemovnt. M2d 55068 Metes & 8ounds DeseriptPon Attached: Suroey or P(oi Plan Attached: A�iected Section(s): Present Zoning: e'3 Proposed Zoning: C-4 RcASON FOR REQUEST: 1. To restore .,pr�vious zoning �$t was improperly changed. 2. 3. . � AVR INC. �PENSION 'PLAN TRUST _ � /� � Signature of Appiicant: ��-c��'ts�,_ Application received by: Steva f�t k_ Daie: �2/q'� Fee: �3o a, a� Now Paid: Date: Planning Commission Aefion: D2te� • F�EiIBI'T A That por�ion of Lot Sai�ct�/-two (62), in Auditor's Subdivisio� No. t, Ros'emouni, in the Southeast duartec (SE 1/4� of 5ection Twe�ty-nine (2g), Township One hundred fifte�n (115), Ran9.e Nineteen (19). descnbed as foilows, to wit: Beginning at an iron 33 feet east of a point on ti�e quarter Gne betwresn the Southwest Quartec {SW 1/4) and Southeast Duarter (SE 1/4� 1340.20 feei South of the stone plac�d for the c�nter of Se+ctio� 29, Township 175, Range 19, thence East 122.14 feet to the C.M.SL P. & P. RR west property Gne, thence southwest atong said West property line 151.91 fee�thence West 98.19 feet,tttence Narth 150.Oo feet to the point of begi�ni�g, containing .3:3 acres, more or less, accoccC�r�g to the Pfat the�ot n°�"on file and of record in ti�cs G��e of tt;e ��ter of DEe�s v,rithin 3r� for Da�cota Cour�:Y, �'-�c►esota- Publie Notice REZONING PETITION - AVR INC. PENSION PLAN & TRUST 14760 Savzx RoBExz T�L TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold a public hearing on Tuesday, Sept�emher 7, 1993 in the Council Chambers of the City �Iall, , 2875 145th Street West, begiiuiing at 8:00 g.m. or as soon thereafter as possible. The purpose of tl�is hearing is to receive public input and comments on a proposed rezoning of property from C-2 Communuty Commercial to C-4 General Commercial. The rezoning request pertains to property located at 14760 South Robert Trail and legally described as follows: That portion of Lot 62, in Auditor's Subdivision No. 1, Rosemount, in the Southeast Quarter (SE1/) of Section 29, Township 115, Range 19, described as follows to wit: Beginning at an iron 33 feet east of a point on the quarter line between the Southwest Quarter (SWYla) and Southeast Quarter (SE'/) 1,340.20 feet south of the stone placed far the center of Section 29, Township I 15, Range 19, thence east 122.14 feet to the C.M.St: P. & P. RR west property line, thence southwest along said west property line 151.91 feet, thence west 98.19 feet, thence north 150.00 feet to the poi.nt of beginning, containing .38 acres, more or less, accarding to the plat thereof now on fiie and of record in the office of the Register af Deeds within and for Dakota County, Minnesata. AVR Inc. Pension Flan & Trust is retluestang this hearing for consideration of their rezoning petition to rezone the above described property to accommodate a praposal to locate an auto-related business on the subject site. The praperty is currently used as a multi-tenant retailloffice building. Persons wishing to cornment an this rezoning petition aze invited to attend the meeting on Tuesdav. September 7, 1993 at 8•0� m. Written comments will also be accepted prior to the rneeting date. Please forward all comments and inquiries to the City of Rosemount Planning Department. Dated this 19th day of August, 1993. Susan M. Wa1sh, City Clerk City of Rosemount Dakota County, Minnesata REZONING PETITION - AVR ING FENSION PLAN & TR.UST � Mailing List 1. Charles Novak Architect 34-03700-010-62 14750 South Robert Trai.l Rosemount, MN 55068 2. National City Bank of Minneapolis 34-03�00-02Q-62 P.O. Box E1919 (Subject Site) Minneapolis, MN 55480 3. Olga A. Strese 34-03700-030=62 4063 145th Street West Rosemount, MN 55068 4. Fluegel Elevator Inc. 34-03700-01fl-63 P.(J. Box 4 Rosemount, MN 55068 5. Milwaukee Land Co. 34-03700-010-65 %CMC Real Est Corp. 547 Jackson Blvd. W., Ste 1510 P.O. Box 6205 Clucago, IL 50680-6205 6. John & Margie Ryan 34-03800-130-14 3465 143rd Street West 34-24850-410-01 Rosemount, MN 55068 7. David La.wson 34-2485Q-020-01 14785 Sauth Robert Trail Rosemount, MN 5506$ 8. David McKinley 34-24850-a30-01 14$OS South Robert Trail Rosemount, NiN 55068 9. Ronald J. & Margery Pankratz 34-47400-170-00 14810 Cambrian Avenue Rosemount, MN 55068 10. Ranald J. & Deborah A. Russell 34-47400-180-00 14800 Cambrian Avenue Rosemount, MN 55068 1l. Bernard F. & A1ice C. Murphy 34-474fl0-190-00 14790 Cambrian Avenue Rosemount, MN 55068 12. Mary A. Fleming 34-47400-200-00 14780 Cambrian Avenue Rosemount, MN 5506$ 13. Richard W. & Anna T. Klatt 34-�47400-210-00 1477Q Cambrian Avenue Rosemount, MN 55068 14. Kevin I. & Julie A. Kuznia 34-47400-220-00 14760 Cambrian Avenue Rosemount, MN 55068 15. David R. & Carol M. Harwell 34-47400-230-00 14750 Cambrian Avenue Rosemount, MN 55068 16. I�ielen C. Strese 34-47400-240-00 Rose M. Ervasti 14740 Cambrian Avenue Rosemount, MN 55068 17. Robin K. Kowalke 34-47400 250-00 14730 Cambrian Avenue Rosemount, MN 55068 18. Ramona A. Kraft 34-47400-260-00 14720 Cambrian Avenue Rosemount, MN 55068 19. AVR Inc. Pension Plan & Truste PETITTONER 1� , , , } ' ' -.. ....,.. ....,_... ,,�,� � ,� 1 ' , � �. ; . •, ,,; , ' + .,, � 1 . �., .,, • , , •.� , + .`' � '•� �� t � , � , + ,�. �•,,� : .',• ...,...,,� (V •. ' ., . � ,..�. . ,'•.; ! .,.� ^ � , •. �. •. i .,� �'.ti � ,,�.�' � . •�� ,�ti� + , �, � , r � ,. � a . •.. i . ; � •�� .,t , � � �_ , � � ...M. �, ; ' r �' ., �� i ......;,..,.�..�... ........ ..,.... � � : , , .�u� •�r�w. . • •.. . . � . •w r. i � .�. .�. �.�i'.l�;.��. . ��.'. �.t�«�ft �.�. .fX:��,�. •r �� . •...��.►. .�. • . ! j ..�:.s:...,. .x;.:x•.�.i •'...,�.�,•.:. .x:..�.. .�• r.;�:.:�r�:.i�: • . . . ... �;.•.a�.ti....t•:.t,�.•., �'�'�'�� .�+, ��tf•.�.••.•:��;�j ,' . � ' . '� � ��t . � � � � ,�. '•,' � � l ; � { � � � . ! ,. •., , � �� •:, .,� j•.. :.- � . . .�� .. . , . . �� ,. !•��1 �,� ; , � '.�•� .,' .i`�!S . . _ .. . , ��. � i ' .. . 'c .•� . •,. .:,; ^r�'",? N 1 i ; ,. . . •� '�_� � � '�t' � , •/ ~~ ' ;�} i� � � 1 , . � � ' • �� ,� • . � 1 rL , , I . . � , • '• �. , . � f ' • � /y� ' �' • t • � W � . f� ; '••..� . ! , • � � � � �J .n r�, � :i' " ;`�;;�. , `::- . ' .i � ; , �' � • ; • . :1 �..�.. i ... .y. � •, . : . • � N �. . . ��?., , . , f... � •�. �, . . , �' F i � ' . ' ..�. . . , � , .�i. • ' -.. :j�. � t � r ; t' • ' , . ', ' t'7 ' '`� < ! !, �•1• '�1.�� / �... ..��... . w. . � •♦ •�•• •♦ . A• �`. ./ +"�} � 'r. ��. ;,, ' • ��,. ... . �. .. '��.._ .. ( f .r . .. .. .. .. .. .. . •1..' •'• '\ : •�••. . •/M� . I �., .`� �f: . . . . .. .. .. . . `r. t ••�`� ..,'��+ ! , �'/ � e • � y •. � .�• �� -•. ..... ..,...... �.,.- i; ' t ;(,� � ,� • ,:y � . .; � • �� .�; j �•�,�•�...... ' � : � .•f� • • �i.,�� . '•�.. ....- � . . � . . ., �j � � . �� ' . . �J.iJ•• . .�...�� •.:� ` �•�1 � � • •y •�� •�•• �'•. ' � . ,� � . .� �.. ..y•.� .� ,.�. . �. '•�� . � � �. ` '�4 i� i r. ,; • • ��•. �,: , .'...i , .. �� [ ' ; . . .`�•,, . ? � .1 . � � � � � � ♦�. � . �� . �'�i.l�y.I..i'�.��N� � ±• �� • • •'� �.Y . . ........ . :i . � . �'1�:�'V.'tV.1�� t � "I ♦� ! `�t ..%' ��/� `/'��!ti• � ; ` �1..`., � •., . � �t� 1 � � • � , �; � �� • � , ' • ,. t �i , t t •• ..` • �� ;, ' � � �, �'. � 'i • !: ,.;• ( ' r ' •. ' � r. ,. . 1 ':' . !� !' i' } ::`� , • ="�7'yM�:s ! � � � • - � � � I =, 1 ! � .� ' `'''� ' , �' �,,,� .�, �'. �. ; � •��..� • �j.. i . , � ; �, � , .. , ., ' , . !�� . .� : , �� •r• � !� � '. t�. .._.._........... �. } •�.�«. ...,•�• .. . ' .i�.,.�._. j . ., � t �. . (!� . . . . , •+'�qr'• r � ��r'�•''��.��«�.'...�?ti�.•ar,��1v.i,. • � r ��•�.� . � �•/�• ��. �j � � • . � ' �� ' . . • i. � �� .� ' � � � � • �� '' ,��.��'��..� •��/'� ,� � . •• .._ :�..�. ... .. .�� ..�.,,?.. 3 f l" ..' , f + ,. !?• .. .�� .t. ,�. . !� r �� . .�.i� i ! . � ~`•..! ' ••' . �'• '•`+ .�.. .•' �. :ci ,; .� ..... ;.�•��f� t �. -�t. ,.. { :. �! •'� .•!�• i—.,...?, {t. � � .�- . •. . • a ��.. , t., : r= ; f� ` �• ; ' , �, ; . � ,:•; .� � �� •: � 'f ' i � �.... . •.. , t ••,.."""''"r�'� •�'.L':. !� �� '!�, .1� . . �• � _� � f��.{;• •1 . �i• � 1 �� 1� � + •�••.��.•�.� .r �. . � � 1 '�' �r..�J.': 'i �� , � l:�'�� . � � j ' /♦ • ��i �.. � • ' ._ •• /••�•'S r�.�..�. / � • 1 • � i• ..t•��•' .•�� . _ •• � ,• •�. �. � t�.Y..s :t... .i = 't � �� •• j�• � � ;�� `� ' ., ..�. . ..�w�` •� . t• ' _ ;.J: �f � .• !! (/�� ) ,. .. . • .� �r ; �i � ��- " • •.� • ��A ' . i �.1 .�•f� . , � �t� �:.. l�1�� / �r •t � •-�f• �� . 1 � ... . i� ��..i e'..: •r�.. �. � . . �`��`',,. .. � 11'I 1 ' l