Planning Report

Date:	March 20, 2001

Case:	R01-1

Subject:	Rezoning of Property at 222 New Brighton Rd. from R-1 to B-2.

Applicant:	City of New Brighton

Request & Background

To consider a rezoning of the Villager Salon from R-1, Single Family Residential to B-2, Neighborhood 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 be Neighborhood 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.

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 neighborhood business within the new Plan, therefore, the proposed rezoning is the required as a result of the City's adoption of the Comprehensive Plan.

Findings

Section 8-310, Rezoning

Site Characteristics

1.	Location:	222 New Brighton Road

2.	Lot Size:	9,027 sq. ft.

3.	Topography:	Flat

4.	Vegetation:

5.	Sensitive Areas:	None

6.	Existing Land Use:	Commercial, Beauty Salon/ Therapeutic Massage

7.	Comprehensive Plan Designation:	Neighborhood Business

8.	Zoning:	Existing: R-1, Single Family Residential

Proposed: B-2, Neighborhood Business

9.	Surrounding Land Uses:

North:	Residential (R-1, Single Family Residential)

South:	Residential (R-1, Single Family Residential)

East:	Residential (R-1, Single Family Residential)

West:	Residential (R-1, Single Family Residential)

Site History

1.	Past Uses:	Hair/Beauty Salon

2.	Historical Significance:	None

Staff Comments

Rezoning

In conjunction the proposed rezoning, the Planning Commission and City Council may 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 Neighborhood Business. The existing use of the property (beauty salon/therapeutic massage) will be in conformance under B-2 zoning. A Beauty Salon is allowed within the B-2, Business Zoning District and Therapeutic Massage is allowed subject to approval of a Special Use Permit. Under the current R-1 zoning designation of this site, the existing uses are legal non-conforming uses. As non-conforming uses, they cannot expand and cannot be replaced if destroyed or if the use is discontinued for six months or more.

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

The Comprehensive Plan defines Neighborhood Business as:

Neighborhood Business areas are intended to serve the convenience shopping and service needs of neighborhoods. Uses intended to be accommodated include retail and personal service establishments such as video stores, business offices drug stores, barber and beauty shops, laundromats, dry cleaning, and similar establishments. Neighborhood business areas and buildings within them are intended to be relatively small in size. These areas should consist of not more than eight acres and are not intended to expand beyond the area already zoned for neighborhood business.

The zoning district which most closely relates to Neighborhood Business is B-2, Neighborhood Business. The some of the allowable uses in a B-2 district include, professional and service occupations, funeral homes, eating places, barber or beauty salon and dry cleaning. (See attached zoning regulations)

Based on the preceding information, a re-zoning of the property to B-2 is consistent with the comprehensive plan.

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

The uses on the property will remain the same and are compatible with the proposed B-2 zone and current land uses of the area. The surrounding uses of the proposed rezoning are mainly residential. Staff feels that the permitted uses in the B-1 and B-2 districts are similar to the current uses and will not adversely effect the surrounding neighborhood.

The building will not meet the setback requirements for a B-2 district and would be considered nonconforming. By rezoning the property the intent is to create a neighborhood business on a small piece land that would encourage the neighbors to walk to the businesses.

3.	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 zone will not overburden the City's service capacity (i.e., police, fire, utilities, etc.).

Recommendation

Approval

Motion to recommend approval of R01-1, rezoning the subject property from R-1, Single Family Residential to B-2, Neighborhood Business.

Staff Recommendation

Staff recommends approval of the rezoning, because the proposed rezoning is consistent with the City's adopted Comprehensive Plan.

Mark Andrle, Community Development Specialist