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September 23,2014 Page 8 of 10 5 Ayes, 0 Nays-Motion Carried 2. Consideration of a Rezoning and Comprehensive Plan Amendment, zoning and guiding property for light industrial and residential land uses, property located generally south/southeast of2200 Old Highway 8 NW, east of Long Lake Regional Park and Rice Creek, north of Rush Lake, and west of Old Highway 8 NW. Report No. 14-246. City Manager Lotter indicated City Planner Gundlach and Community Development Director Femelius would be presenting this item to the Council. City Planner Gundlach reported the rezoning request was necessary as 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 ofthe 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. Planner Gundlach explained the City Council adopted Ordinance No. 820, which prohibited the development of this excess right-of-way for a period lasting until July 23,2014. 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. She stated 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. Staff reviewed the proposed request in further detail with the Council and noted the Planning Commission recommended the City Council adopt an Ordinance which would rezone certain unzoned property from right-of-way to I-I, Light Industrial and R-l, Single Family Residential as depicted on the Proposed Zoning Map. In addition, the Planning Commission recommended the City Council adopt the Resolution provided approving the Comprehensive Plan Amendment and re-guiding property from OSP, Open Space Preservation to LI, Light Industrial as depicted on the Proposed Future Land Use Map. Mike Murlowski, Murlowski Properties, generally supported staffs recommendation for the guiding of the right-of-way property. However, he had concern with one of the parcels being zoned R-l Residential as this may impact his operations. Jim Yarosh, attorney for Murlowski Properties, supported the guiding and rezoning of two parcels as recommended by staff. He recommended the parcel proposed for R-l Residential zoning be reconsidered as it would abut an Industrial use and would not be properly buffered. He believed it would be unlikely that the R-I Residential property would ever be developed. He suggested the Council guide the parcels as recommended by staffbut that the zoning not be completed at this time. Councilmember Bauman stated she supported the expansion of business in New Brighton and she believed the small R-I parcel would serve as a buffer. For this reason, she believed that it was essential to keep this 2. Consideration of a Rezoning and Comprehensive Plan Amendment, zoning and guiding property for light industrial and residential land uses, property located generally south/southeast of 2200 Old Highway 8 NW, east of Long Lake Regional Park and Rice Creek, north of Rush Lake, and west of OldHighway8NW. Report No. 14-246.