10-17-2006 (2) - Laserfiche WebLink

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STAFF ANALYSIS (CO:'iT.) . Comprehensive Plan Amendment (conI.) . . Because the zoning and guide plan must be consistent, the rezoning cannot be considered without first amending the Comprehensive Plan. This is in accordance with state law that requires official zoning and land use maps to be compatible. Both applications must either be approved or denied together. Rezoning The property located at 2200 Old Highway 8 NW is currently zoned I-I, Light Industrial. The applicants' proposed use of a hot mix asphalt and ready-mix concrete production facility, or a similar type use, is not listed as a permitted use within the I-lor 1-2 districts. Thus, a special use permit is required. However, in order to ensure this type of use is reviewed within the most appropriate zoning district, staff advised the applicant that a rezoning would be necessary as Section 6-050 states that "...any use that is allowed within an 1-2, Heavy Industrial District, or by the nature of the use is heavy industrial, shall not be considered as a use permitted by special use permit [within the I-I district]." The rezoning is necessary as the proposed use is deemed heavy industrial and therefore can only be reviewed by special use permit under an 1-2 zoning designation. The applicant has proposed a rezoning of the property and adjacent railroad right- of-way from I-I, Light Industrial to 1-2, Heavy Industrial. Section 8-350 of the Zoning Code states that the City Council shall not rezone any property without a review by the Planning Commission. The Planning Commission must hold a public hearing and provide public notice at least 10 days prior to the hearing. The notice must be mailed to all property owners within 350' of the subject property and published in the City's official newspaper. It should be noted that a new public hearing notice was not issued, since the Planning Commission decided to continue the public hearing from September 26th. Rezoning applications have historically been considered when the request conforms to the New Brighton Comprehensive Plan. In addition, the City has considered rezoning applications when a property is located within a larger redevelopment project and I) the proposal does not negatively impact surrounding properties, and 2) it is consistent with the character of the surrounding land uses. The proposed rezoning to 1-2, Heavy Industrial does not conform to the City's Comprehensive Plan as outlined in the 2020 Land Use Map; in fact the property is guided for Light Industrial through the year 2020. The property is also not part of a larger redevelopment project/area. In short, the proposed rezoning to 1-2 would be inconsistent with the surrounding zoning designations, which are I-lor Light Industrial. More importantly, the surrounding sites consist of uses that are light industrial in nature, such as manufacturing and/or warehouse operations with limited or no outdoor storage. Lastly, the property is adjacent to Long Lake Regional Park, which could be adversely impacted by the intensified industrial use. It should be noted that the applicants' submittal materials indicate a request to re-zone part of the existing railroad right-of-way. This is due to the property owners' desire to obtain this land in the future and expand upon their existing use of the property. However, railroad right-of-way is