Date: April 19, 2018
To: Members of the Zoning Board of Appeals
From: Scott Tempel, City Planner
Title
Variance Resolution - The Crossing Lot 5
Body
Action Requested:
The Zoning Board of Appeals is requested to consider variances for the location of a building on Lot 5 of The Crossing.
Summary Report:
Community Development staff have been working with the developer of the Crossing site since the approval of the Development Agreement in 2016. The first phase of the project was the Marriott Fairfield Inn and Suites which is currently under construction. The next phase is the ancillary commercial pads on the Crossing site. A retail coffee shop with a drive-thru has been proposed for lots 4 and 5. Over the past 18-months, staff worked closely with the developer on numerous concepts for the proposed development project to meet the zoning requirements.
The Crossing project was initially developed with Planned Unit Development (PUD) zoning. PUD zoning allows creative solutions to situations where existing zone districts do not provide the flexibility needed for unique projects. The proposed building location for the retail coffee shop does not meet the PUD requirements which indicate the building should be located at the southwest corner of Lot 5. The PUD was approved in 2006 prior to the acquisition of Mn/DOT Right-of-Way (ROW). This building placement is not possible due to the final configuration of Mn/DOT Right-of-Way on the southeast corner of Lot 5.
This type of zoning issue would typically follow a PUD amendment process. Amendments to a Planned Unit Development are classified as either minor amendments or major amendments, and this type of change would require a major amendment. What complicates things is that major amendments are no longer permitted by the Land Development Code (LDC) to address changes to projects developed under PUD zoning. Where a major amendment is requested, the applicant shall comply with the applicable underlying base z...
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