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7.13. SR 12-19-2005 Item # ---L-13 . MEMORANDUM TO: Mayor and City Council FROM: Scott Harlicker, Senior Planner:,4" DATE: December 19, 2005 SUBJECT: Possible rezoning of three properties north of I 97th Avenue from residential to commercial. Attachments Plat of properties Air photo of properties Possible interchange layout Background At the City Council meeting held on October 17th two residents who live on the north side of 197th Avenue, east of Highway 169 at the Evans Street/197th Avenue intersection, spoke at open mike. They asked the Council to consider changing the zoning of their properties, and their neighbor's, to Highway Commercial. The residents that spoke at the meeting were Dave Plude, 11537 197th Avenue and Susan Dickey, 11519 197th Avenue. They also said that their neighbor at 11475 197th Avenue is also interested in rezoning his property. Susan Dickey stated she can't sell her house due to the traffic, noise, and commercial growth around her home. She asked the city to rezone her property and a couple of neighboring properties to commercial. Dave Plude stated he also has concerns with traffic and noise near his home. He stated he has been approached by buyers interested in his property for a commercial use. The Council asked that the Commission and staff perform a conceptual review of the area and come back to the Council with their findings. At their November 11 th workshop, the Commission discussed this issue and listened to the property owners. Analysis The three properties are currendy zoned R1a and are outside the Urban Service Area. To development these properties as commercial would require an amendment to the Comprehensive Plan to include the properties in the Urban Service Area and change the land use designation from Rural Residential to Highway Business, and a rezoning to C3 or PUD. The properties are wooded residential lots. Each lot is about 3 acres in size; the total area of the three lots is 8.83 acres. The lots have frontage and access from 197th Avenue and are bounded on the north by a 240 foot wide power line easement. Adjacent land uses include single family residential to the north and east, convenience store to the south and Highway 169 to the west. The NRI identified this area as part of a Class C woodland. In their IRC study, MnDot has identified the Highway 169/ 197th intersection as a future interchange. The Plude property will be the property most affected by a future interchange. The final design of the interchange and the amount of land needed for that interchange has not been defined. Sewer and water are available. They would have to be extended north along Evans Street and across 197th Avenue. There is capacity available for these properties. As part of the comprehensive planning process done in 1995 and again in 2004, the city looked at expanding the Urban Service Area. The Council made a decision in both cases not to include these properties in the Urban Service Area. The following is a summary of what staff believes are the advantages and disadvantages of commercial zoning: Positives . Sewer and water can be provided to the properties . Highway 169 frontage and proximity to existing commercial uses . Access can align with the 197th Ave./Evans St. intersection . Powerline easement can provide buffer with residences to the north . Value and marketability of property increases if commercial Negatives . Impacts on adjacent residential properties - traffic, lighting, noise, visual impacts . Unknown impacts ofHwy 169/197th Ave. interchange . Increase traffic on 197th Ave. . Eliminate trees Planning Commission Meeting At the November 8th Planning Commission Workshop the Commission discussed the possibility of rezoning the three properties to allow them to be developed as commercial. The Commission thought it was very important to preserve land for the future Hwy 169/197th interchange. They acknowledge that the impacts on adjacent single family residences would have to be carefully considered. The issues of extending commercial development along the highway up to County Road 33 and on the west side of Hwy 169 were explored. No consensus was reached on these issues. The Commission believed that it would be appropriate for these properties to be commercially developed but that timing was critical. They would be willing to consider commercial zoning if the request was part of an overall development plan for the three parcels, and the development plan reserved land for the future interchange. Action Requested Staff is requesting Council direction as to bringing the proposed rezoning and associated Comprehensive Plan amendments back to the Planning Commission for their formal consideration and recommendation. 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