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HomeMy WebLinkAbout[07a] Comprehensive Plan AmendmentCity of St. Joseph IN RE: FINDINGS OF FACT Application of College of St. Benedict AND DECISION Comprehensive Plan Amendment Future Land Use Map to Include E & E Zoning FINDINGS OF FACT On August 1, 2011 the St. Joseph Planning Commission conducted a public hearing to consider the application of the College of St. Benedict the St. Joseph Comprehensive Plan. The application requests to amend the Future Land Use Map for Planning District 12 to allow for E & E Zoning. The matter was duly published and notice was provided to property owners within 350 feet of the above referenced property. The subject property is located east of CR 121 /College Avenue, south of Callaway street, and north of the Field Street Right -of -Way. The Planning Commission hereby finds the following facts as it relates to the request the College of St. Benedict for Comprehensive Plan Amendment. 1. In 2008, the St. Joseph Planning Commission led the process to update the St. Joseph Comprehensive Plan, which included reviewing existing and future land uses within each planning District. Before adoption of the 2008 Comprehensive Plan, a public hearing was conducted and comments from the public were reviewed by the Planning Commission and City Council. 2. The subject property owned by the College of St. Benedict is located in Planning District 12 of the 2008 Comprehensive Plan and is currently zoned Agricultural with the future map illustrating future land use as Medium Density Residential. 3. The Comprehensive Plan maybe amended if /when unforeseen events occur or when conditions on which the plan is based change. Amendments to the plan should not be impulsive, erratic or to the benefit of a specific property owner. 4. The College of St. Benedict submitted a request to amend the Future Land Use Map for Planning District 12 to include the zoning classification Educational and Ecclesiastical to allow the College to develop the subject property in a manner consistent with the current St. Benedict campus. 5. In addition to submitting and application for Comprehensive Plan Amendment, the College of St. Benedict submitted a request to rezone the subject parcel from the current Agricultural to Educational and Ecclesiastical and if the Comprehensive Plan Amendment failed, to rezone the subject property from Agricultural to R4 Townhome. 6. The rezoning is requested to allow for the construction of a residential living facilities, future athletic and recreation fields and future College Welcoming Center. DECISION AND CONCLUSION Based on the Finding of Fact, the St. Joseph Planning Commission recommends denial of the Comprehensive Plan Amendment based on the following: 1. The Comprehensive Plan was revised in 2008 and since the adoption by the City Council conditions and /or community attitudes have not changed regarding future land use for Planning District 12. 2. Evidence was not presented identifying the need to amend the future land use map based on public need. 3. Evidence was not presented to validate that the amendment would create a net benefit to the community. 4. The request for amendment would benefit one specific property owner. The property owner is not denied development rights by denying the request for amendment. 6. The development as presented by the College of St. Benedict can commence utilizing the R4 Townhome regulations. Based on the foregoing Finding of Fact and Decision and Conclusion of the St. Joseph Planning Commission, the request for Comprehensive Plan Amendment is forwarded to the City Council as a recommendation for denial Passed by Resolution of the St. Joseph Planning Commission on August 1, 2011. CITY OF ST. JOSEPH By �G ` AJ Kath een Kalinowski, Chair Ju y eyre s, Administr for