Planning Report

Date:	June 19, 2001

Case:	R01-03

Subject:	Rezoning of Property at 2051Sliver Lake Rd. from B-3 to B-2.

Applicant:	City of New Brighton

Request & Background

To consider rezoning the property at 2051 Sliver Lake Rd. from B-3, General Business 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 required as a result of the City's adoption of the Comprehensive Plan.

Findings

Section 8-310, Rezoning

Site Characteristics

1.	Location:	2051 Sliver Lake Road

2.	Lot Size:	30,369 sq. ft.

3.	Topography:	Flat

4.	Vegetation:	na

5.	Sensitive Areas:	None

6.	Existing Land Use:	Commercial (Video Store)

7.	Comprehensive Plan Designation:	Neighborhood Business

8.	Zoning:	Existing: B-3, General Business

Proposed: B-2, Neighborhood Business

9.	Surrounding Land Uses:

North:	Residential (R-2, Residential)

South:	Church (R-1, Residential)

East:	Residential (R-1, Residential)

West:	Commercial (B-3, Commercial)

Site History

1.	Past Uses:	Gas Station

2.	Historical Significance:	None

Staff Comments

Rezoning

In conjunction with the proposed rezoning, the Planning Commission and City Council may want to 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 Residential. The existing use of the property (video rental store) will not have to change. A video rental store is allowed within the B-2, Business Zoning District. Under the current B-3 zoning designation of this site, the existing use is permitted.

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:

Areas 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. Allowable uses in a B-2 district include, sale of baked goods, books, flowers, newspapers, etc. Also, professional and service establishments such as beauty shops, laundromats, dentists and chiropractors are allowed uses (See attached zoning regulations.)

Based on the preceding information, a rezoning 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 proposed B-2 zone is compatible with current and planned land uses of the area. The surrounding uses are mainly residential and commercial. A B-2 designation should not adversely effect the surrounding neighborhood.

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 R01-5, rezoning the subject property from B-3, General Business to B-2, Neighborhood Business.

Staff Recommendation

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

Mark Andrle, Community Development Specialist