Planning Report

Date:	April 17, 2001

Case:	R01-1

Subject:	Rezoning of Property at 222 New Brighton Road

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.

At the March 20, 2001 Planning Commission this item was continued. The commission asked staff to research the possibility of rezoning the property to B-1, Limited Business.

Findings

Section 8-310, Rezoning

Site Characteristics

1.	Location:	222 New Brighton Road

2.	Lot Size:	9,027 sq. ft. Approx. 75 x 120

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:	Arden Hills

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

Site History

1.	Past Uses:	Hair/Beauty Salon

2.	Historical Significance:	None

Staff Comments

The City attorney stated that if the property is rezoned to B-1, the Comprehensive Plan would need to be updated to be consistent with the zoning. He felt that the comprehensive plan definition of Neighborhood Business is geared toward the B-2 zoning designation and the Limited Business definition is geared toward the B-1 designation. (See attached comp plan definitions)

The types of uses allowed in B-1 and B-2 are the same except that low intensity retail uses are allowed in the B-2 district. (See attached B-1 & B-2 zoning regulations). Staff feels that the intensity of the allowable uses in B-1 are very similar to the intensity of the uses in B-2 based on traffic or number of trips generated by each use. In staff's opinion, a dentist office or mortgage agency would generate a similar number of trips as a flower store or book store.

The lot standards in a B-1 district that apply to this property are a 50 foot setback from any R-1 property a 30 foot front setback and a 30 foot side street setback. The lot standards in a B-2 district that apply to this property are a 30 foot setback from any R-1 property, 30 foot front setback and a 30 foot side street setback.

The attached maps show that with the B-2 setbacks, only 877 sq. ft. of buildable area is available. A site plan review would be required and a variance and public hearing will more than likely be needed to construct a building and parking lot. With the B-1 setbacks, there is no buildable area and a variance and site plan review would be required.

Another option the Commission may consider is to keep the property zoned as R-1, Single Family Residential. If the property remains R-1 and the current building is destroyed, only a single family home could be constructed on the property. An update to the Comprehensive Plan would be required.

Possible Actions

Staff Recommendation

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

1st Alternative Recommendation

Rezone the subject property from R-1, Single Family Residential to B-1, Limited Business. A comprehensive plan update would be required. The current use can continue and would be a legal nonconforming use.

2nd Alternative Recommendation

Keep the subject property zoned as R-1, Single Family Residential. A comprehensive plan update would be required. The current use can continue and would be a legal nonconforming use. If the current building is destroyed, only a single family home could be constructed on the site.

Mark Andrle, Community Development Specialist