Commission advances zoning changes: creates C-3 district, rezones three Highway 7 properties and backs traffic-study requirement

The Deephaven Planning Commission on Oct. 15 advanced a package of zoning updates, voting 4-0 to recommend City Council approval of an ordinance creating a third commercial zoning district (C-3), rezoning three properties along Highway 7 from C-1 to C-3, and adopting an ordinance provision allowing the city to require traffic studies for proposed commercial developments when necessary.

Planning Director Pat Smith told the commission the city’s three commercial nodes have distinct characteristics and staff recommended three tailored commercial districts so future regulatory changes can be targeted to each node. Smith said permitted uses would remain the same when parcels are rezoned from C-1 to the proposed C-3 district.

Smith reviewed the long zoning history for one parcel at 19400 Highway 7, saying the site was rezoned for limited commercial use on Sept. 13, 1951 and that the City Council adopted Ordinance No. 16.06 on Dec. 7, 1960; language from that ordinance still appears in the legal description of the C-1 district, Smith said. Chair Mike Petersen said the rezoning purpose includes accommodating a state mandate that at least one property be zoned to allow a cannabis retail store if a permit application is filed.

Nearby residents raised safety and traffic concerns. Jeff Olejnik said the rezoning “does not conform to the 2040 Comprehensive Plan.” Smith replied a comprehensive-plan amendment was not necessary because staff considers the definitions of “Limited Commercial” and “General Commercial” sufficiently similar. Laura Olejnik raised state single-family policy questions, and Lee Blaske said access to a nearby site is restricted and the Excelsior and Vine Hill intersection can be congested.

For the traffic-study provision, Smith said the proposed language was adapted from the City of Minnetonka and would permit the city to require a traffic study for proposed developments when warranted.

The commission made three separate motions: to recommend creation of three commercial zoning districts and to revise the Highway Commercial definition (motion by Chair Petersen, seconded by Commissioner D’Alessandro), to recommend rezoning the three properties along Highway 7 from C-1 to C-3 (motion by Chair Petersen, seconded by Commissioner Donlin), and to recommend adoption of the traffic-study requirement (motion by Chair Petersen, seconded by Commissioner Kjell Nafstad). All three motions carried 4-0. These recommendations will go to the City Council for final action.