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HomeMy WebLinkAbout20071119 - VII-2vll-Z Memo To: Mayor Hicks and City Council Members From: Karl Barker, Associate Planner Date: November 19, 2007 Subject: Public Hearing -Rezoning #2007-45 - R-2 to C-3 -Property located south of 25th Street on Highway 61 REQUEST The City Council is asked to hold a Public Hearing for a rezone of property located south of 25th Street on Highway 61. Carolyn Horsch and Jeanne Horsch .have applied for a rezone of property legally described as Lots 3 to 5, Block 6 & Lot 10 Block 6 EX PT E of HGWY 10 6, TOWN OF VERMILLION, Dakota County, Minnesota. The property is generally located south of 25th Street on the west side of Highway 61. The property is approximately 10,400 square feet in size. No new development is proposed for the subject property at this time. RECOMMENDED ACTION -Denial The Planning Commission met on the aforementioned item on October 22, 2007. Planning Commissioners concurred with Staffs recommendation to recommend denial of the rezone request due to the following: 1) The subject property is not adjacent to existing commercia! uses. 2) There is no direct access to the properly from Highway 61. 3) The small size and irregular shape of the property appears to preclude commercial development. 4) The low grade of elevation makes development difficult. 5) Rezoning the property would allow a future commercial business to be located in close proximity to residential properties. Two members of the public spoke against the issue at the October 22, 2007, meeting. Dan Mattimiro, owner of 114 W. 25th Street, spoke to the issue. He requested that the property not be rezoned to commercial. Mr. Mattimiro stated that during a tour of the corridor held last year, it was positively noted that the zoning was consistent along that section of Vermillion Street. As such, a rezone at this time would make the zoning inconsistent. Mr. Mattimiro stated his desire to maintain the integrity of the land as-is. Jacob Hiniker, owner of 105 25th Street West, spoke to the issue. Mr. Hiniker informed the Planning Commission that he purchased the home three and a half years ago. His backyard backs up to the property proposed to be rezoned. Mr. Hiniker stated that the neighborhood has a iot of kids and his own kids play in the vacant lot. Mr. Hiniker also stated that he does not want the property rezoned commercial now, but perhaps in the future. He also informed the Planning Commission that he maintains the lawn by mowing it and keeping it clean. Commissioners voted 6-0 to recommend denial subject to the conditions of the attached resolution. Please see attached minutes for further information. ATTACHMENTS • Resolution • Location Map • Planning Commission Minutes -October 22, 2007 • Application BACKGROUND INFORMATION Comprehensive Plan Classification The 2020 Comprehensive Plan designates this property as .Commercial. Adjacent Zoning and Land Use Direction Existing Use Zoning Coma Plan North Residential R-2 -Residential East Hastings Terrace C-2 Highway Auto Specialized Commerce South Highway 61 Ramp ROW Right of Way West Residential R-2 -Residential C- Commercial C- Commercial ROW Right of Way U-ll Urban Residential Existing Condition There are no structures currently on the site. The site is .17 acres or 10,400 square feet. The property is low lying and about ten feet below grade of neighboring properties. Access There is no access to the site from Highway 61 or from neighboring properties. It is unlikely an access would be granted from Highway 61. Purpose The applicants seek the rezoning in order to allow for future commercial development. However, no development is proposed at this time. Notification of Adjoining Property Owners Notification was sent to adjoining property owners. HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS DENYING THE REZONING REQUEST OF CAROLYN HORSCH AND JEANNE HORSCH ON PROPERTY GENERALLY LOCATED WEST OF VERMILLION STREET, SOUTH OF 25T" STREET, HASTINGS MINNESOTA Council member moved its adoption: introduced the following Resolution and WHEREAS, Carolyn Horsch and Jeanne Horsch have petitioned to rezone property from R-2, Medium Density Residence to C-3 -Community Regional Commerce. The subject property contains approximately 7,56 square feet and is generally located west of Vermillion Street and south of 25`h Street legally described as follows: Lots 3 to ~ Block 6; excluding Vermillion Street right-of--way easements, Dakota County, Minnesota; and WHEREAS, on October 22, 2007, the request was reviewed by the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS the Planning Commission recommended denial of the request to the City Council subject to the findings of fact contained herein; and WHEREAS The City Council has reviewed the request and concurs with the recommendation of the Planning Commission. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby concurs with the opinion of the Planning Commission and hereby denies the rezoning as requested subject to the following findings of fact: 1) The subject property is not adjacent to existing commercial uses. 2) There is no direct access to the property from Highway 61. 3) The small size and irregular shape of the property appears to preclude commercial development. 4) The low grade of elevation makes development difficult. 5) Rezoning the property would allow a future commercial business to be located in close proximity to residential properties. Council member put to a vote adopted by Ayes: _ Nays: _ Absent: ATTEST: present. Paul J. Hicks Mayor Melanie Mesko Lee City Clerk moved a second to this resolution and upon being I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 19th of November, ?007, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee City Clerk (SEAL) This instrument drafted by: Ciry of Hastings (JWH) 101 4th St. East Hastings, MN5~033 City of Hastings Planning Commission Minutes -October 22, 2007 Page 1 of 3 Hastings Planning Commission October 22, 2007 Regular Meeting 7:00 p.m. Chair Truax called the meeting to order at 7:00 p.m. 1. Roll Call Commissioners Present: Hiedeman, McInnis, Peine, Schmitt, Stevens, Truax, Zeyen Staff Present: Associate Planner Fortney Associate Planner Kari Barker 2. Approval of Minutes -October 8, 2007 Motion by McInnis to approve the October 8, 2007, meeting minutes. Seconded by Stevens; motion passed unanimously. Public Hearings 3. Carolyn Horsch -Rezoning #2007-45 - R-2 -Medium Density Residence to C-3 - Community Regional Commerce -West Side of Vermillion Street South of 25`h Street. Associate Planner Barker gave a staff report. Chair Truax opened the public hearing at 7:03. Carolyn Horsch, property owner, spoke to the issue. She stated that her purpose for requesting the rezone was to sell the property to get her trust in order. Ms_ Horsch also stated that she felt the property would sell better if it was rezoned to commercial. Chair Truax asked Ms. Horsch if she had received advice from a realtor that rezoning the property would be better. Ms. Horsch stated she had not. She stated that the property was a piece leftover from property across Highway 61. Ms. Horsch stated she did not want to leave a mess for her children to deal with. Commissioner Schmitt stated he could see beyond the first four reasons staff was recommending denial. However, he stated his greatest concern was the fifth condition regarding commercial property next to a residential property. He asked if the City has plans for a master redevelopment of the area. Associate Planner Barker stated that the City did not have plans for a master redevelopment though it was zoned as Commercial in the Comprehensive Plan. She stated that the City would prefer the property to come forward as part of a larger rezone. City of Hastings Planning Commission Minutes -October 22, 2007 Page 2 of 3 Commissioner Schmitt stated that if the property will eventually come in as commercial as it is guided by the Comprehensive Plan as such, he is no longer opposed to the rezone_ Commissioner Schmitt made a motion to recommend approval. Planning Associate Fortney advised Chair Truax to close the public hearing. Chair Truax invited members of the audience to speak to the issue. Dan Mattimiro, owner of 1 i4 W. 25`h Street, spoke to the issue. He requested that the property not be rezoned to commercial. Mr. Mattimiro stated that during a tour of the corridor held last year, it was positively noted that the zoning was consistent along that section of Vermillion Street. As such, a rezone at this time would make the zoning inconsistent. Mr. Mattimiro stated his desire to maintain the integrity of the land as-is. Jacob Hiniker, owner of 105 25`h Street West, spoke to the issue. Mr. Hiniker informed the Planning Commission that he purchased the home three and a half years ago. His backyard backs up to the property proposed to be rezoned. Mr. Hiniker stated that the neighborhood has a lot of kids and his own kids play in the vacant lot. Mr. Hiniker also stated that he does not want the property rezoned commercial now, but perhaps in the future. He also informed the Planning Commission that he maintains the lawn by mowing it and keeping it clean. Chair Tniax asked Mr. Hiniker if his driveway was on the back of the property proposed to be rezoned. Mr_ Hiniker confirmed it was. Chair Truax closed the public hearing at 7:14. Chair Truax stated putting an access on Highway 61 was unsafe and ridiculous. Stevens asked if there was a 2°d to the motion. Chair Truax stated there was not. Commissioner McInnis stated that perhaps the applicant for the rezone and Mr. Hiniker could collaborate together and discuss a purchase agreement for the property. Commissioner McInnis stated he was going to agree with staff's recommendation to deny the rezone based on access limitation and that the property could not be sold as commercial. Chair Truax asked fora 2°d to the Commissioner's Schmitt's earlier motion. Hearing none, -Chair Truax stated that the motion died. Action by Planning Commission: Motion by McInnis to deny the rezone request for Carolyn Horsch based on staff's recommendation. Seconded by Zeyen. Upon vote taken, Ayes 6, Nays 1. Motion carried. The rezone request was denied. ~a~7 u~ LAND USE APPLICATION -CITY OF HASTINGS PLANNING DEPT 107 4~>> St E, Hastings, MN 55033 -Phone: b51.480.?350 ~ Fax: 651.437.7082 Address of Property: e • ~'~ ~'e-g ~~/i~lq 6n ~Jes~` b1 d,~ .f (~~ tC~C~1~ ~w+f (0 j SOc~ 6-t'' 25-~ -Descri tion of li~b~ fP -Zorl 9rb(}P `ELF ~ GaYyi.ry~rr_,i~f ~' ~C~~ ~~ _ j~~,w( rlApplicant Nam v` J- !! Address: ~ ~ R~ ~ G 1 ~L7_~ i rn ni1 ~~L~{o5 Phone: t - Sc,1 _ ~; tp 3 - ~"{T3 Fax: Email: I~PQ~ roperty Owner: o,2,s Address: ~a5~5 1 Jd ~`~~ . ~ ~~~~ ~ 3 Phone: ~5/ -~ 3 J ~~ y~G Fax: Email: n~ r n ~.~ - ~ C 3 ~i ~ ~.Q Cs~ a ~ ~ ~.5, \ ~ Q LQ. ` ~ ` Sr - `^C~ G am. ~c~= ~ ~ C ~ tn,~t@ ~ -~ S`Z~~2- ~..fYl C~vt cl' If requesting site plan review of multi-family units (three or more attached), are the units iuztended to be for sale or rental units? Check Applicable Line(s) Please Note! AlI Fees and Escrows are due at time of application- Rezone $500 _ Minor Subdivision $500 Final Plat $600 - Special Use Permit $500 Variance $250 _ Comp Plan Amend. $500 _ Vacation $400 _ Lot Split/Lot Line Adj . $50 House Move $500 - Aiulexation $~00 plus legal expenses __ Prelim Plat $500 + escrow EAW $500 plus $1,000 escrow _ Site Plan $500 + escrow Please see reverse side for escrow amounts required. Total Amount Due: $ 5~- ~ Make Checks payable to City of Hastuzgs. Please ensure that all copies of required documents are attached. See reverse side of this a lication for information. Dw~- Applicant Si Wahl e Date R~1i weer Signature Date Applicant Name and Title -Please Pru-tt Owner Name -Please Print vrnciAt, usr. VNL_Y ~ I / 03/28/05 File # _~(~7~~-{_S _ _ Recd By: J r1i~lL~~/- Date Recd: ~Io~~6~? Fee Paid: ~A'(y~ Receipt # App. Complete ___.__