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1c Land Use Map Amendment I- Z ~ u :J a.. a... c::( c::( - ~ .1J - - 'J) PC DATE: Oct. 3,2000 i-e.;- CITY OF CHANHASSEN CC DATE: Oct. 23, 2000 REVIEW DEADLINE: NA CASE #: LUA 2000-03 By: RG STAFF REPORT PROPOSAL: Land Use Map Amendment from Residential - Medium Density to Commercial. LOCATION: 7 & 41 Crossing Center, 2485 Highway 7 SuperAmerica, 2391 Highway 7 APPLICANT: City of Chanhassen 690 City Center Drive Chanhassen, MN 55317 PRESENT ZONING: Neighborhood Business District, BN 2020 LAND USE PLAN: Residential- Medium Density ACREAGE: 8.36 acres DENSITY: NA SUMMARY OF REQUEST: The City is proposing a Land Use Map Amendment from Residential- Medium Density to Commercial. The site is used for 7 & 41 Center, Video Update, and SuperAmerica. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has a relatively high level of discretion in approving rezonings, PUD's, amendments to PUD's, and Land Use Amendments because the City is acting in its legislative or policy making capacity. A rezoning or PUD, and amendment thereto, must be consistent with the City's Comprehensive Plan. ~ d¡ I . - ,. ' Land Use Amendment October 3, 2000 Page 2 PROPOSAL SUMMARY As required by the 1995 amendment to the Metropolitan Land Planning Act, the city is required to bring land use and zoning into compliance. The property is' zoned Neighborhood Business District and is developed as a neighborhood commercial center. The land use amendment is consistent with city approvals of the property and the use of the site. BACKGROUND As part of the review of the Video Update Building approved on August 24,1998, by the City Council, Site Plan Review #97-4, the site plan findings section require that a site plan be consistent with the zoning ordinance and the comprehensive plan. The comprehensive plan guides the property as medium density residential. In 1988, when the zoning of the property was changed from 01 to BN, a minor comprehensive plan amendment should have been processed concurrently with the rezoning. Staff believes it was an oversight. Staffis beginning the processing of amendments to the Comprehensive Plan and Zoning map to ensure they are consistent and this will be one of the changes that will be processed. The recommendation is to reguide the property from medium density residential to commercial. This amendment will encompass the entire Seven and Forty-one Crossing Subdivision. On April 25, 1988, the City Council approved the first reading for the rezoning of the property at the southwest comer ofHwy. 7 and 41 from 01, Office Institutional to BN, Neighborhood Business District. On the same date, the Council also approved the subdivision of the subject property into 3 commercia1lots. Lot 2 contains the 7 & 41 Shopping Center and Lot 3 contains the SuperAmerica Gas Station. Lot 1 is the subject site and is proposed to contain a multi-tenant retail building. DISCUSSION Approval of the Land Use Amendment from Residential- Medium Density to Commercial is consistent with the past approval of the development of the property as a commercial center. This amendment will bring the zoning and use into compliance with the Land Use designation of the property. PLANNING COMMISSION The Planning Commission held a public hearing on October 3, 2000, to review the proposed land use map amendment. The Planning Commission voted unanimously to recommend approval of the land use map amendment for the Seven Forty One Crossing Addition from Residential Medium Density to Commercial. Land Use Amendment October 3, 2000 Page 3 RECOMMENDATION Staff recommends that the City Council adopt the following motion: "The City Council approves the land use map amendment of Lots 1,2, and 3, Block 1, Seven Forty One Crossing, from Residential- Medium Density to Commercial." ATTACHMENT 1. Findings of Fact and Recommendation 2. Location Map 3. Public Hearing Notice and Mailing List. 4. Letter from Robert E. Generous to Sheldon Rubenstein Eta! dated 9/21/00. 5. Letter from Robert E. Generous to 7 & 41 Crossing Center, Ltd. dated 9/21/00. 6. Planning Commission Minutes of October 3, 2000. Land Use Amendment October 3, 2000 Page 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of the City ofChanhassen Land Use Map Amendment On October 3, 2000, the Chanhassen Planning Commission met at its regularly schedule meeting to consider the application of the City of Chanhassen for a land use map amendment of property from Residential- Medium Density to Commercial. The Planning Commission conducted a public hearing on the proposed rezoning preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Neighborhood Business District, BN. 2. The property is guided in the Land Use Plan for Residential- Medium Density. 3. The legal description of the property is: Lots 1,2 and 3, Block 1, Seven Forty One Crossing. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Land Use Amendment October 3, 2000 Page 2 b) The proposed use is or will be compatible with the present and future land uses of the area. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. 5. The planning report LUA #2000-03 dated October 3, 2000, prepared by Robert Generous is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Land Use Map Amendment. ADOPTED by the Chanhassen Planning Commission this 3'd day of October, 2000. CHANHASSEN PLANNING COMMISSION BY: Its Chairman Land Use Amendment October 3, 2000 Page 3 ATTEST: Secretary g:lplanlbglcomp lua 2000-03.doc NOTICE OF PUBLIC HEARING PLANNING COMMISSION MEETING TUESDAY, OCTOBER 3, 2000 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE PROPOSAL: Land U.e Amendment LOCATION: 7 & 41 Cro...ng. Center· 2485 Hwy. 7 Super America StaOon . 2391 Hwy. 7 ) .-, .., ~'~':' .r\ ...-,." ~ '-.j . } ( 1...- ~ I".~ .,. APPLICANT: City of Ch.nh....n NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, City of Chanhassen, is requesting an amendment to the Land Use Plan Map to change the designation from Residential Medium Density to Commercial to be consistent with the existing BN, Neighborhood Business District zoning. This amendment wll not impact the existing use of the property but will bring the City's Comprehensive land Use Plan Map in compliance with our zoning map. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing Is closed and the Commission discusses project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours. 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Bob at 937-1900 ext. 141. If you choose to submit written comments, it Is helpful to have one copy to the departmenUn advance of the meeting. Staff will provide copies to the Commission. '" :r ~ " Smooth Feed Sheets™ ,NK R & THERESA M GUST AFSO J CHASKA RD :ELSIOR MN 55331 ,NK R & THERESA M GUS !'SO J CHASKA ;ELS MN 55331 BETH D REUTIMAN 5 GALPIN LAKE RD ;ELSIOR MN 55331 41 LLC ) 146TH ST W #106 'LEVALLE MN 55124 41 CROSSINGS CENTER LTD ) 146TH ST W STE 106 LE VALLE MN 55124 .LDON RUBENSTEIN ETAL SUPERAMERICA GROUP 1 J. Box 14000 TAX DEP .INGTON KY 40512 JR & MARJORIE M WOOSLEY \RLES E III &CORRINE WO ; HAMILTON RD 'KINS MN 55343 PHEN M & KATHRYN M MACH , ORIOLE AVE :ELSIOR MN 5533 I K G BATESON ) ORIOLE AVE :ELSIOR MN 55331 .LIAM M & DOLORES M ZIEGLE I ORIOLE AVE :ELSIOR MN 55331 JODY BERNADETTE MAJERES 6450 ORIOLE AVE EXCELSIOR MN 55331 RlCHARD A & PAULETTE OFTEDAH 6461 ORlOLE LN EXCELSIOR MN 55331 RICHARD G & K SCHMIDT 5136 WILLOW LN HOPKINS MN 55343 THOMAS & VIRGINIA A RODE 6275 CHASKA RD EXCELSIOR MN 55331 AGNES ANDERSON 6470 ORIOLE AVE EXCELSIOR MN 55331 WARD ALLEN & SANDRA L PUTNA 6285 CHASKA RD EXCELSIOR MN 55331 GARY S BRUNSVOLD 6287 CHASKA RD EXCELSIOR MN 55331 GARY S & PENNIE K REED 2471 64TH ST W EXCELSIOR MN 55331 MARK B & DANIELLE S STEELE 245] 64TH ST W EXCELSIOR MN 55331 CITY OF CHANHASSEN C/O SCOTTBOT~- 690 CIT~R DR PO BOX 1 . CHANHASSE MN 55317 Use template for 5160® DALE JAMES & KELLY LEE HANCE 6480 ORlOLE AVE EXCELSIOR MN 55331 MARK S & LORENA M FLANNERY 2350 MELODY HILL RD EXCELSIOR MN 55331 SHAWN P & JOANNE K KILLIAN 2449 64TH ST W EXCELSIOR MN 55331 ROR INC 2461 64TH ST W EXCELSIOR MN 55331 NANCY JO PERKINS-BROOKS 2448 64TH ST W EXCELSIOR MN 55331 MELODY HILL LP C/O SPRINGBROOK CORP 10640 L YNDALE AVE S SUITE 6 BLOOMINGT MN 55420 RUSSELL! & LYNN F PAULY 2447 64TH ST W EXCELSIOR MN 55331 GARY G & JANET REED 2461 64TH ST W EXCELSIOR MN 55331 MICHELLE M CURTIS 2446 64TH CIR EXCELSIOR MN 55331 MID J JENSEN 6354 MELODY LN EXCELSIOR MN 55331 MELODY HILL LP . C/O SPRlNGBROOK CORP 10640 LYNDALE ~E.S---SÙ¡TE 6 BLOOMJNG-r--MN 55420 --- HOWARD G & MICHELLE N NELSO 2445 64TH ST W EXCELSIOR MN 55331 FRED C BRITZIUS & SUSAN M STEWART 2444 64TH ST W EXCELSIOR MN 55331 BENJAMIN & H GOWEN 6440 HAZELTINE BLVD EXCELSIOR MN 55331 CITY OF CHANHASSEN City Ctn!" Drivt,PO Box 147 .,n'wI,", j,finnesotlt 55317 Phon, 612.937.1900 ;'n",' FIlX 612.937.5739 ¡În",ing FIlX612.937.9152 ,/ie Softy FIlX 612.934.2524 'h Ulwmci.c!u111fulJJm.mn.U5 September 21, 2000 Sheldon Rubenstein Etal Super American Group 539 Main Street South Findlay, OH 45840-3229 RE: Super America, 2391 Hwy. 7 In 1995, an amendment to the Metropolitan Land Planning Act was passed that requires the comprehensive municipal plan and zoning ordinance to be consistent with one another. As part of the City's comprehensive plan update, it was noted that your property's land use designation is inconsistent with the zoning of the property. The use of your property is Commercial and is zoned BN, Neighborhood Business, yet it is guided Residential-Medium Density on our comprehensive land use plan map. The Planning Commission will hold a public meeting on Tuesday, October 4, 2000, to discuss this matter. This will not impact the existing use of the property, but will bring our maps into compliance with the State of Minnesota's mandates. For more infonnation on this project, please contact me at (952) 937-1900, ext. 141. Sincerely, ~RQber-t E. ~ Robel1 E. Generous, AICP Senior Planner RE«0 CITY OF CHANHASSEN 690 GO' CnIlfT Drill(, PO Box 147 ChOllhlJl,n¡, MimlttOIO 553/7 Pho'1r6/2.937./900 Gmmt! F/IX 612.937.5739 Ellgill'mllg F/lX612.937.9/52 Publi, Softty F/IX 6/2.934.2524 l\'íb It1wwrÎ.chol1hllSS(I.1J111,J{J September 21, 2000 7 & 41 Crossing Center, Ltd. 4969 Olson Memorial Hwy. Golden Valley, MN 55422 RE: 7 & 41 Crossings Center, 2485 Hwy. 7 In 1995, an amendment to the Metropolitan Land Planning Act was passed that requires the comprehensive municipal plan and zoning ordinance to be consistent with one another. As part of the City's comprehensive plan update it was noted that your property's land use designation is inconsistent with the zoning of the property. The use of your property is Commercial and is zoned BN, Neighborhood Business, yet it is guided Residential-Medium Density on our comprehensive land use plan map. The Planning Commission will hold a public meeting on Tuesday, October 4, 2000, to discuss this matter. This wiJI not impact the existing use of the property, but will bring our maps into compliance with the State of Minnesota's mandates. For more infonnation on this project, please contact me at (952) 937-1900, ex!. 141. Sincerely, 1<~ r:. CJútrz>~ Robert E. Generous, AICP Senior Planner REcÐ