2017.06.20 Planning - Laserfiche WebLink

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• A sign shall be erected on the property informing the public of the rezoning, and • The Planning Commission shall hold a public hearing after notification of the property owner’s within 350’ of the property to be rezoned. The above items have been met. The applicant has provided notice to the neighbors on two separate occasions: 1) by notifying them of the rezoning and ask for signature on a petition, and 2) During a neighborhood meeting that was held on May 25th. Signature on the rezoning petition does not represent consent, rather it is only meant to represent notification. Between the neighborhood meeting and prior mailing, the applicant submitted six signatures (seven if you include the applicant), meeting the 50% requirement (12 property owners within 200’). There are no other standards listed in Article 3 of Chapter 8 of the code, as a rezoning request carriers the highest level of discretion given to a City. Typically, in order to grant a rezoning the request shall be consistent with the land use designation in the Comprehensive Plan. This would not be met, as the property is guided for LDR, Low Density Residential. However, the applicant has also requested a Comprehensive Plan Amendment, re-guided the proposed land use designation to LB, Limited Business, which would then be consistent with the request to rezone the property to L-1, Limited Business. Staff is inclined to recommend approval of the request, based on the following: • The parcel has been vacant for years, and while a single family subdivision concept has been drafted, it has not shown to be marketable given it has not been implemented in the past eight years (at least). • There are three other parcels along Cleveland Avenue SW that are zoned B-1, Limited Business and have shown to be compatible with surrounding residential land uses. • The property has a history of a commercial presence, with Rick’s Roofing operating out of the parcel for years, including use of outdoor storage. Worth noting, the traffic impacts of an 11,200 SF office building verses three single family homes is likely the most impactful element of the rezoning. As a good rule of thumb, one single family home would generate 10 trips per day (or 30 trips for 3 homes), compared to a general office use of 11,200 SF generating 120 trips. With 20 employees (upper level is unimproved except for restrooms) it is unlikely the applicant will generate 120 trips per day, but this represents the maximum based on a typical 11,200 SF office user. COMPREHENSIVE PLAN AMENDMENT ANALYSIS The City’s official Zoning Map and Future Land Use map within the Comprehensive Plan must be consistent. As such, a Comprehensive Plan Amendment is required in order to change the future land use designation for this parcel from LDR, Low Density Residential, to LB, Limited Business. The City’s Zoning Code is silent on the requirements for a Comprehensive Plan Amendment. Per Minnesota Statute 462.355, the following steps shall be taken: • Hold a public hearing and provide notice of the public hearing within the official City newspaper at least 10 days prior to the hearing. • Allow adjacent governments and school districts 60 days to review the amendment, unless a waiver is received from the Metropolitan Council. • Approval of the Metropolitan Council.