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HomeMy WebLinkAbout[08a] Comp Plan AmendmentCITY OF ST. JOsEftl MEETING DATE: May 19, 2011 Council Agenda Item 8 8 AGENDA ITEM: Planning Matters a. Comprehensive Plan Amendment SUBMITTED BY: Administration BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Planning Commission conducted a public hearing on the proposed amendment to Planning Districts Seven and Eleven. The amendment would change future land uses for parcels within the district. The Planning Commission recommended approval of the plan amendment. PREVIOUS COUNCIL ACTION: The City Council initiated the hearing process for the proposed Comprehensive Plan Amendment and rezoning request of Cone Castle. BACKGROUND INFORMATION: City staff had been working with a developer to raze a building on 1s` Avenue NW and Birch Street and then construct a neighborhood drive thru business. The property was currently zoned as B1 and as such drive thru's are not permitted. The use is permitted in a B2 Zoning District, but the Comprehensive Plan does guide the subject property as such. in reviewing the future land use map of the surrounding area, and the uses in the area, staff recommended the Comprehensive Plan be amended to change the future land use map on properties abutting Birch Street between College Avenue and 2nd Avenue NW to allow for B2, Highway Business. The property on the corner of College Avenue and Birch Street is already functioning as a B2 Business as it is a car wash. The second planning district affects two properties as they abut CR 133. With the development of the Coborn's PUD it seems logical that properties abutting CR 133 may develop commercially. The Comprehensive Plan Amendment does not change the zoning of any properties, rather it provides for more flexibility when trying to develop property. BUDGET /FISCAL IMPACT: Allow for tax base diversification ATTACHMENTS: Request for Council Action ..... ............................... 8(a):1 -2 Public Hearing Notice ..................... .........................8(a):3 Future Land Use Map ............... ............................... 8(a):4 Extract of Planning Commission Minutes ............ 8(a):5 -6 REQUESTED COUNCIL ACTION: Accept the recommendation, amending the future land use for Planning District Seven (7) and Eleven (11) allowing for B2 Highway business uses as illustrated. NOTE: The hearing notice that was mailed indicated amendment to Planning District 5 and it should have been 7. The property was illustrated correctly and the correct property owners were notified. 8(a):1 THIS PAGE INTENTIONALLY LEFT BLANK 8(a):2 CITY OF ST. JOSEPH WWW. cityofstjoseph. corn City of St Joseph Public Hearing The St. Joseph Planning Commission shall conduct a public hearing on Monday, May 2, 2011 at 7:00 PM in the St. Joseph City Council Chambers. The purpose of the Administrator public hearing is to consider amending the future land use map for Planning Districts Judy Veyrens 5 and 11. The proposed amendment to Planning District 5 would allow Highway Business on the northern first tier lots and the amendment to Planning District 11 would allow for Highway Business on lots east of CR 133, west of 15 Avenue NE. Mayor All persons wishing to speak will be heard and oral testimony will be limited to five (5) Rick Schultz minutes. Anyone wishing to present written testimony may do so by submitting testimony to the City Administrator, City of St. Joseph, PO Box 668, St. Joseph MN Councilors 56374. Steve Frank Bob Loso Rence Symanietz Judy Weyrens Dek; Wk Administrator Publish: April 22, 2011 Proposed Amendment Area zs College Avenue North • PO Box 6b8 • Saint Joseph, Minnesota 56 ;74 Phone 3zo.36.3.7zoi Fax 3zo. 363.034z 8(a):3 • A PIP r ,+ a *' x � 5 SEH i aw�«u rgn i%F�rvpi� � MAP 4-6G ST. JOSEPH PLANNING DISTRICT 7 ST. JOSEPH. MINNESOTA a r= a �i MAP 4-61K SEH ST. JOSEPH ST. JOSEPH. MINNEISOTA 8(a):4 Extract of Planning Commission Minutes Comprehensive Plan Amendment May 2, 2011 Public Hearing — Comprehensive Plan Amendment: Kalinowski opened the public hearing and stated that the purpose of the hearing is to consider amending the future land use map for Planning Districts 7 and 11. The proposed amendment to Planning District 7 would allow for Highway Business on the northern first tier lots and the amendment to Planning District 11 would allow for Highway Business on lots east of CR133, west of 15th Avenue NE. Kalinowski opened the public hearing. Tom Roos approached the Commissioners on behalf of North Central Truck Accessories to question the proposed amendment to Planning District 11. He stated that their business is located adjacent to the affected properties. He is concerned about traffic as there seems to be quite a bit of traffic confusion in the area as it is currently func. He questioned whether the proposed amendment will impact traffic movement as it appears as if it is already confusing. Weyrens advised Roos that the proposed amendment would not create more outlets as those are determined by the Stearns County Highway Engineer. The purpose of the proposed amendment is to allow for greater flexibility when selling properties. The properties would remain zoned as Industrial, unless a property owner was to apply for rezoning. She added that the parking standards are the same for both Industrial and Highway Business. Kalinowski closed the public hearing at 7:05PM. Planning District 7: Meyer questioned the reason for the proposed land use change from B1 to B2. Weyrens stated that when staff was reviewing the proposed development for the property at 118 —1`t Avenue NW, it was noted that drive thru businesses are not allowed in the B1 Central Business District. The subject property was zoned as B1 and the proposed development is a small neighborhood fast food /ice cream restaurant. When reviewing the land uses in the area, the property to the east on the corner is a car wash with a drive thru business, and the property to the east of College using the same street is also B2 Highway Business. Therefore, staff recommended that the Planning Commission conduct a hearing to possibly amend the future land use map for the Comprehensive Plan for planning district seven (7). Deutz stated that, in his opinion, if this is being done for the sole purpose of allowing for drive -thru, then only the property in question should be affected. He also stated that this property would be included in the Hwy 75 Overlay District. Weyrens replied that this property does not fall within the overlay district. The district boundary comes to the property line, but does not encompass the property itself. She added that the proposed amendment is not to change the zoning for the entire area, rather change the future land use. The second hearing at this meeting is to consider rezoning that specific piece of property. Deutz questioned why change the future land use maps if the uses will not change. Weyrens explained that a potential developer cannot request rezoning for development that is not consistent with the future land use map. The proposed changes are not being made for one property; rather it is being done for the future development of the City. The proposed zoning is how this block is developed and there may be some other drive thru activity on that side as well. The other properties are not changing uses at this time. Deutz stated that it appears that the City is trying to change the zoning to accommodate a drive -thru and he feels that we are going about it the wrong way. He added that there are drive thrus at both City Hall and the Post Office, both of which are in the B1 zoning district. Weyrens stated that there are no provisions that allow for a drive thru in the downtown area at this time; however, she is unsure as to whether or not it was allowed in the past. According to Weyrens, the only way to approve a drive thru would be to zone the property as B2 and consider a Special Use Permit. Rieke questioned the impact of accepting the change. Weyrens stated that both B1 and B2 allow for retail; however, there are a few different uses listed under B2. The B2 zoning district allows for more 8(a):5 Extract of Planning Commission Minutes Comprehensive Plan Amendment May 2, 2011 professional services as well as big box uses. 131 allows for financial institutions, but doesn't allow for drive - thrus. Meyer suggested that the Commissioners review the 131 Ordinance. Dubel stated that it seems as though the City is looking to rezone the corner lot from B1 to 132 to allow for development rather than restricting it. He questioned how the residential home adjacent to this lot would be affected. Weyrens stated that unless they were to request rezoning, the property would remain 61 and the use would not change. Schultz questioned where the conflict arises between land use and rezoning. Weyrens explained that the property is currently zoned 61 and it cannot be rezoned unless it is consistent with the future land use map. Deutz stated that this area is set up for downtown with respect to parking, setbacks, etc. His concern is that the proposed amendment would limit development on the other parcels. Rieke stated that by changing the future land use map, it would not restrict those with properties zoned 131, but would allow for the added use of E12. Weyrens added that it would allow for more flexibility as there would be two options for development. The proposed change would not change the zoning map at this time. Planning District 11: The purpose of the proposed amendment to Planning District 11 is to amend the future land use map to allow for commercial development adjacent to CR 133 and Elm Street. The current future land use map guides the subject property to industrial and the proposed amendment would allow for highway commercial development. Again, rezoning is not occurring at this meeting, this amendment allows for flexibility when marketing the properties. Rieke questioned whether there were any discussions regarding the proposed amendment to Planning District 11. Deutz stated that if the proposed amendment doesn't take away any of the current land uses, he sees no problem. He doesn't want to see anything limited. Weyrens stated that the only impact would be if the City were to change its zoning Ordinances. Currently, each property is in compliance with today's ordinances. Deutz made a motion to recommend the City Council amend the future land use map for Planning District 7 to allow for B2, Highway Business for properties north of Birch Street between College Avenue and 2nd Avenue NW and to amend the future land use map for Planning District 11 to allow for B2 Highway Business for property abutting CR133 west of CR133 and north of Elm Street. The motion was seconded by Rieke and passed unanimously. 8(a):6