4.8. PCSR 06-27-2023 - Laserfiche WebLink

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The property is currently zoned C-3 Highway Commercial and the Comprehensive Plan guides the site for Highway Business uses. However, the Planning Commission has been reviewing a number of updates to the land use amendments over the past six months and their recommendations included a change for this lot. Based on previous concept reviews and an understanding that access to this site for commercial uses will likely be limited by MnDOT, the site is proposed to be guided for Mixed-Residential, which will allow single-family development consistent with the proposed project. Additionally, the Planning Commission is reviewing a proposed rezoning to R-1c (Single-Family Residential). The zoning will allow development as a residential project, but will require a variance to allow three lots to be platted below the current design standard of 80-feet wide. A variance will also be needed to address the proposed setbacks of 25-feet for the front yard, and 7.5-feet for the side yards. The city has frequently reviewed these types of projects as a Planned Unit Development (PUD) to address all deficiencies with a single approval. However, the proposed standards are consistent with what has been conceptually discussed as a new zoning district. This district, previously referred to as R-3 (Compact Residential), is targeted for undeveloped lots with a Comprehensive Plan guidance of Mixed Residential and the proposed design standards match what the applicant is proposing with this project. With that background, staff recommends a variance to address short-term concerns and avoid the long-term zoning and administration challenges associated with a PUD. Applicable Regulations Zone Change In reviewing a proposed amendment, consideration shall be given to existing conditions within the area directly and indirectly affected by the proposal, the conservation of property values, the use to which the property affected is being devoted at the time, and relevant provisions, if any, in the land use plan. The city-initiated land use amendment (LU 23-04) will update the land use guidance for the subject site to Mixed- Residential. With that update, the proposed zone change will comply with the Comprehensive Plan. Preliminary Plat City ordinance section 30-375 outlines the required findings for approval of a Preliminary Plat. 1. The proposed subdivision is consistent with the zoning regulations (article VI of this chapter) and conforms in all respects with all requirements of this Code, including the zoning regulations and this article. In addition to the city-initiated land use amendment and the zone change, the subdivision will require a variance for the minimum lot width. This has been added as a condition of approval and the variance must be approved prior to the Council’s review of the final plat. 2. The proposed subdivision is consistent with all applicable general and specialized city, county, and regional plans, including, but not limited to, the city's comprehensive development plan. With the city-initiated land use amendment (LU 23-04), the subdivision will be consistent with all applicable plans. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and drainage are suitable for the type and density of development and uses contemplated. The physical characteristics of the site support the proposed use. The entire subdivision is within the shoreland management district and impervious coverage of the lots will be limited to 25 percent. This includes structures, driveways, patios, sidewalks, etc. Ordinance also includes additional setback requirements from Lake Orono, which must be met at the time of building permit.