PC Packet 09-16-2014 - Laserfiche WebLink

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PLANNING REPORT DATE: September 11, 2014 CASE: RZ2014-001, CM2014-001 SUBJECT: Rezoning & Comprehensive Plan Amendment Zoning and Guiding Certain Railroad Property Currently Denoted as Right-of-Way on the Official New Brighton Zoning Map APPLICANT: City of New Brighton REQUEST&BACKGROUND The City is initiating the following land use actions: • Rezoning of certain railroad property currently un-zoned and denoted as right-of-way on the official New Brighton Zoning Map. The property area is proposed to be zoned I— 1, Light Industrial and R — 1, Single Family Residential. The extent of the rezoning is shown on the attached Proposed Zoning Map. • Comprehensive Plan Amendment amending Figure 5-2 titled "Future Land Use" map. The amendment would consist of re-guiding certain property from OSP, Open Space Preservation to LI, Light Industrial. The extent of the guide plan change is shown on the attached Proposed Future Land Use Map These requests are necessary in that the federal government sold the existing railroad right-of- way to a private party, who intends on using the land for a private purpose. Being the property is currently designated for right-of-way uses, there are no zoning controls in place to guide development. One of the three properties included in this request was purchased by Murlowski Properties Inc. (MPI) who intends to submit land use applications to expand the Belair Excavating operations at 2200 Old Highway 8 NW. One restriction on the property is that the existing railroad tracks remain in easement, as at least one customer in the City of Arden Hills still receives deliveries via rail. The railroad right-of-way purchase consists of approximately 20 acres of land. The intended use for most of this land is consistent with Belair Excavating's current use, which consists of the exterior storage of black dirt, bituminous, and concrete and associated equipment storage in support of Belair's excavation business. In order to process MPI's land use request, the new property must be zoned and guided in a way that allows the City to effectively enforce land use regulations. The Commission may recall that the City Council adopted Ordinance No. 820, which prohibited the development of this excess railroad right-of-way for a period lasting until July 23, 2014 (also referred to as a moratorium). The purpose of the moratorium was to protect the planning process and the health, safety and welfare of the citizens of the City, and to ensure that the City and its citizens retain the benefits of, and the protection sought to be afforded by, the City's comprehensive plan and zoning ordinances. Over the last six months the City has been working with MPI on their proposed expansion plans. The proposed Rezoning and Comprehensive Plan Amendment, coupled with MPI's future land use requests, collectively will result in a resolution intending to meet both the City and MPI's goals. As a point of clarification, even though the moratorium expired on July 23, 2014, MPI still needs to secure land use approval prior to their expansion. Under State Law the City can take 120 days to review these land use requests. Thus, adequate time remains to process all necessary land use applications and ensure the planning process protects the general public's health, safety and welfare.