Planning Report

Date:	July 18, 2000

Case:	R00-1

Subject:	Rezoning from R-2 to B-3

Applicant:	City of New Brighton/DL Beach

Request & Background

To consider a request for a Rezoning of the Beach's Long Lake Service Station (2251 Long Lake Road) from R-2, Two Family Residential to B-3, General Business. The purpose of the request is to bring the site into compliance with the City's Comprehensive Plan which calls for the future land use of this site to community business.

The Land Planning Act of 1995 states that a City's Comprehensive Plan supersedes the Zoning Ordinance, therefore, all properties must be rezoned to conform to the Comprehensive Plan.

Over the past two years the City of New Brighton has been working on an amendment to it's Comprehensive Plan. On May 24, 2000, the Met Council reviewed and approved New Brighton's Plan, and subsequentially, the City Council officially adopted the Plan. The subject property is designated as community business within the new Plan, therefore, the proposed rezoning is the first required as a result of the City's adoption of the Comprehensive Plan.

Findings

Section 8-310, Rezoning

Site Characteristics

1.	Location:	2251 Long Lake Road

2.	Lot Size:	The site is 27,442 square feet (.63 acres)

3.	Topography:	Flat

4.	Vegetation:

5.	Sensitive Areas:	None

6.	Existing Land Use:	Convenience Gasoline & Automobile Repair. These are both uses that are allowed within the B-3 Zoning District, subject to approval of a Special Use Permit. The land owner has expressed an interest in expanding the business by adding service bays. Such an expansion would be subject to review and approval of a Special Use Permit by the Planning Commission and City Council.

7.	Comprehensive Plan Designation:	Community Business

8.	Zoning:	Existing: R-2, Two Family Residential

Proposed: B-3, General Business

9.	Surrounding Land Uses:

North:	Single Family Residential (R-2, Two Family)

South:	Single Family Residential (R-2, Two Family)

East:	Single Family Residential (R-2, Two Family)

West:	Single Family Residential (R-2, Two Family)

Site History

1.	Past Uses:	Automobile Service Station

2.	Historical Significance:	Long time New Brighton Business

Staff Comments

Rezoning

In conjunction the proposed rezoning, the Planning Commission and City Council shall consider the following criteria:

1.	The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan.

The future land use plan, as contained within the Comprehensive Plan designates the subject site as Community Business. The existing use of the property (auto repair/convenience gasoline) will not change. Auto repair and convenience gasoline sales are uses that are allowed within the B-3, General Business Zoning District, subject to approval of a Special Use Permit. Under the current R-2 zoning designation of this site, the existing use is a legally existing grandfathered use.

A rezoning of the site brings the site into conformance with the comprehensive plan, which is required under the 1995 Land Planning Act.

The following policies for community business land uses from the Comprehensive Plan apply to the proposed rezoning:

a.	To create viable shopping/commercial environments that are able to satisfy the convenience shopping and service needs of residents.

b.	Intensify and improve existing shopping/commercial areas rather than create new ones.

c.	Community business areas are intended to serve the retail and service needs of the entire community, thus warranting a full-range of uses including retail sales, gas and convenience stores, businesses and professional offices, personal and business services, and similar uses. It is also intended to serve the occasional traffic passing through the community.

Based on the preceding information, a re-zoning of the property to B-3 is consistent with the comprehensive plan.

It should be mentioned that the recent revision of the Comprehensive Plan changed the land use designation of this site from low density residential to community business. When this proposed future land use designation was discussed for revision in the Comprehensive Plan from low density residential to community business, the New Brighton Planning Commission did not agree with the Comprehensive Plan Task Force's recommendation to re-zone this site. The Planning Commission found that auto repair service and gasoline sales are not consistent land uses with the surrounding single family residential land uses.

2.	The proposed use is or will be compatible with present and future land uses of the area.

As mentioned above, auto repair and convenience gasoline sales are uses that are allowed within the B-3, General Business Zoning District, subject to approval of a Special Use Permit. The conditions that must be met include the following:

a.	That the establishment, maintenance, or operations of the special use will not be detrimental to or endanger the public health, safety, morals, comfort of the general public.

b.	That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

c.	That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

d.	That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.

e.	That the special use shall, in all other respects, conform to the applicable regulations of the district in which it located.

Any expansion of this facility will have to meet the above criteria.

The Comprehensive Plan Task Force, made up of members of New Brighton's various Commissions, found that this business served a vital service to this neighborhood, and shall be allowed to continue to operate as a conforming use, and provide these convenient services.

3.	The proposed use will not tend to or actually depreciate the area in which it is proposed.

Because the use of the property is existing, the proposed rezoning will not depreciate the area.

4.	The proposed use can be accommodated with existing public services and will not overburden the City's service capacity.

Existing public utilities are all in place. The proposed addition will not overburden the City's service capacity (i.e., police, fire, utilities, etc.).

Recommendation - Alternatives

Approval

Motion to recommend approval of R00-1, rezoning the subject property from R-2, Two Family Residential to B-3, General Business.

Denial

Motion to recommend denial of R00-1, rezoning the subject property from R-2, Two Family Residential to B-3, General Business, and further recommend a revision to the Comprehensive Plan's future land use plan to guide this site for residential land use.

Staff Recommendation

Because the proposed rezoning is consistent with the City's recently adopted Comprehensive Plan, staff recommends approval of the rezoning.

Cary K. Teague, City Planner