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[04f] Rezoning
Council Agenda Item 4f MEETING DATE: April 15, 2019 AGENDA ITEM: Rezone from L-I Light Industrial to B-2 Business SUBMITTED BY: Community Development BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission (6-0) recommends approval of the Rezoning of Lot 1, Block 1, Buettner Business Park 3 to B-2 Highway 75 Business District. PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: Joe Space LLC, applicant and Rice Development of St. Cloud, owner, has submitted a request to rezone the property located on the northeast corner of CR 133 and Elm St. E, north of Central Minnesota Credit Union. The City’s future land use plan within the Comprehensive Plan guides the property for Corridor Commercial. Corridor commercial includes a range of retail, entertainment, office, and service commercial development. The corresponding zoning district is B-2 according the City’s Comprehensive Plan. The purpose of the rezoning request is to accommodate the future development of an office building. A rezoning to B-2 District is appropriate since the purpose is to make it consistent with the City’s Comprehensive Plan. Additionally, the surrounding properties are guided for Corridor Commercial and the properties to the south are zoned B-2 and include Central Minnesota Credit Union, CentraCare Clinic, Coborn’s Grocery Store, O’Reilly Auto Parts Store, and McDonalds. ATTACHMENTS: Request for Council Action Map of Subject Area Application Resolution 2019-028 Adopting Findings of Fact Resolution 2019-029 Amending Ordinance 502 Resolution 2019-030 Summary Publication Ordinance REQUESTED CITY COUNCIL ACTION: Authorize the Mayor and Administrator to execute Resolutions 2019-028, 2019-029 and 2019-030 adopting Findings of Fact, amending Ordinance 502 and authorizing summary publication. Rezoning Request, Lot 1, Block 1 Buettner Business Park 3 Legend Road Labels Roads 04590180 Auditor/Treasurer Feet Division of Land Management ± Data is as represented in Stearns County April 4, 2019 Databases, It is NOT Intended for Locational Use and Stearns County waives all liability from this product.This map is made available on an "as is" basis, without express or implied warranty of any sort including, specifically, any implied warranties of fitness for a particular purpose, warranties of merchantability or warranties relating to the accuracy or completeness of the database(s). r City of St.Joseph 'Y`t °E,`1,11Ml'` 1, Application for Rezoning CITY OF ST. JOSEPH APPLICANT AND PROPERTY OWNER INFORMATION: Applicant Joe Space LLC Phone: 320-257-8333 Email: lisa©yourfse.com Mailing Address: PO Box 6128 St.Cloud, MN 56302 Property Owner: Rice Development of St.Cloud Phone: 320.257.5400 Email: Mailing Address: PO Box 128 St.Cloud, MN 56302 PROJECT INFORMATION: Property Address: Parcel Identification Number(PIN): 84.53470.0243 Legal Description of Property(attach a separate document if necessary): Lot 1 , Block 1, Buettner Business Park 3 REZONE FROM Light Ind. TO B2 Com. APPLICATION FOR REZONING In accordance with the provisions of Minnesota State Statutes,the City Council may from time to time change the zoning of parcels of land within the Municipality.These changes in the classification are for the purposes of meeting the land use needs of the residents of the City,in conformance with the City's Land Use Plan.A rezoning may be initiated by the City Council,Planning Commission,or by application of the owner of the property to be considered for rezoning. Submission Requirements: Application for a rezoning request shall be on this form and include the established application fee.A complete application must be submitted three(3)weeks prior to the next Planning Commission meeting for which you wish to be heard.The following materials must be submitted with your application in order to be considered complete. City of St.Joseph Rezoning Application Page/I k, ❑ A written narrative explaining the proposed use of the property,and addressing the following: I. Describe how the rezoning will impact the community and immediate vicinity. 2. Will the rezoning establish a use classification inconsistent with surrounding uses? 3. What changed or changing conditions or character in the area/community make this rezoning desirable? 4. Is the proposed rezoning consistent with the current St.Joseph Comprehensive Plan i.e.Land Use Plan? 5. Describe any other circumstances or reasons that justify passage of the requested rezoning. PROCEDURE Review and Recommendation by the Planning Commission.The Planning Commission shall hold a public hearing and consider oral or written statements from the applicant,the public,city staff,or its own members. The Planning Commission shall review the land use amendment request and a recommendation shall be made to the City Council to approve,disapprove or continue the application. Review and Decision by the City Council.The City Council shall review the application after the Planning Commission has made its recommendation.The City Council is the only body with the authority to make a final determination and either approve or deny the application. We,the undersigned,have read and understand the above. t' 31 -s-la I ' Signature of Applicant Date 5 I Signa ure of Own,r il' ifferent than Applicant) Date FOR OFFICE USE ONLY Fee: $500 Paid 3�I&j jC. CJ4$I Date application submitted:31 I(sA (eN Date application completed: ❖ Submit completed application to City Offices,75 Callaway St E,St.Joseph,MN 56374 City of St.Joseph Rezoning Application Page J 2 Joe Space,LLC PO Box 6128 St.Cloud,MN 56302 March 18th 2018 City of St.Joseph 75 Callawy St. St.Joseph, MN 56374 Attn: Planning Commission/City Council Members RE: Re-Zoning application narrative for PIN#84.53470.0243 To Whom it may concern, We have recently executed a purchase agreement for the property located on the corner of CR133 and Elm St. (directly to the north of the Central MN Credit Union) with the intent to construct a two-story office building. This structure will complement the adjacent properties not only by its aesthetics but also with the commerce that is associated with this type of facility. The property is currently zoned light industrial and we are proposing to have it rezoned to B2 commercial. We believe the rezoning is a better use of the exposure that this property location provides. The rezoning is consistent with the surrounding areas as it is an extension of the adjacent zoning district directly to the south. We feel that the rezoning is a minor adjustment to take better advantage of what the site exposure offers. The proposed rezoning is consistent with the city's comprehensive plan as it is shifting the existing zoning district across the street to take advantage of the exposure the intersection and roadway provide. In closing we would like to thank you for reviewing our request. We look forward to developing this piece of property and being a partner in your community. Sincerely, Joe Space, LLC RESOLUTION 2019-028 RESOLUTION ADOPTING FINDINGS OF FACT RELATED TO A REZONING REQUEST FROM LI LIGHT INDUSTRIAL TO B-2 HIGHWAY 75 BUSINESS DISTRICT WHEREAS, the City of St. Joseph received an application from Joe Space LLC and Rice Development of St. Cloud for the request to rezone property from LI Light Industrial to B-2 Highway 75 Business District for an office development on the property legally described as follows: Block 1, Lot 1, Buettner Business Park 3, Stearns County, Minnesota “Subject Property” NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, STEARNS COUNTY, STATE OF MINNESOTA, hereby adopts the following Findings of Fact: 1. That Joe Space, LLC, and Rice Development of St. Cloud, hereinafter referred to as “Applicant,” properly applied for a rezoning for the Subject Property. 2. That the matter was duly published and notice was provided to property owners within 350 feet of the Subject Property. 3. That the Applicant appeared before the Planning Commission on April 8, 2019 who reviewed the rezoning request and recommended approval of the rezoning. 4. That the requested rezoning designation for the Subject Property is B-2 Highway 75 Business District. 5. That the future land use plan within the Comprehensive Plan guides the Subject Property for Corridor Commercial. 6. That the surrounding property is guided for Corridor Commercial. 7. That Corridor Commercial includes a range of retail, entertainment, office, and service commercial developments and the corresponding zoning district is B-2 according to the City of St. Joseph Comprehensive Plan. 8. That the purpose for the zoning establishment is to make the land use map and zoning designation consistent and conforming. 9. That the properties to the south are zoned B-2 Highway 75 Business District and include Central Minnesota Credit Union, CentraCare Clinic, O’Reilly Auto Parts Store, and McDonalds. 10. That the B-2 District permitted uses, included but not limited to the planned office building would be compatible with the surrounding uses. 11. That the property is situated adjacent to a minor arterial (County Road 133) and access restrictions are in place by Stearns County road authority. th Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 15 day of April, 2019. CITY OF ST. JOSEPH Rick Schultz, Mayor Judy Weyrens, Administrator RESOLUTION 2019-029 AN ORDINANCE ESTABLISHING THE ZONING ON CERTAIN PROPERTY FROM LI LIGHT INDUSTRIAL TO B-2 HIGHWAY 75 BUSINESS DISTRICT The City Council of the City of St. Joseph hereby ordains: That Ordinance 502 – Zoning Ordinance is hereby amended establishing the zoning of certain property; and WHEREAS, Rice Development of St. Cloud and Joe Space LLC had petitioned the rezoning request on certain property generally located north of Elm Street East and east of County Road 133; and WHEREAS, the proper publication and mailed notice of the public hearing to consider this matter has been given; and WHEREAS, The Planning Commission conducted the public hearing on April 8, 2019 at which all persons interested were given an opportunity to be heard; and WHEREAS, The Planning Commission reviewed the request on April 8, 2019 and recommended approval of the rezoning; and WHEREAS, it was determined that the rezoning of the following described property is in the best interests of the City of St. Joseph. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, STEARNS COUNTY, STATE OF MINNESOTA: That rezoning the property legally described as follows is hereby amended from LI-Light Industrial District to B-2 Highway 75 Business District which allows for the construction of commercial development: Lot 1, Block 1, Buettner Business Park 3, according to the recorded plat thereof, Stearns County, Minnesota BE IT FURTHER RESOLVED: That the clerk is hereby authorized to record such classification from the described property upon the official zoning map causing the same to be published. th Whereupon said ordinance was declared duly adopted by the St. Joseph City Council this 15 day of April, 2019. CITY OF ST. JOSEPH By ______________________________ Rick Schultz, Mayor By ______________________________ Judy Weyrens, Administrator RESOLUTION 2019-030 AUTHORIZING SUMMARY PUBLICATION ORDINANCE 502 RECITALS: WHEREAS, on April 15, 2019, the City Council for the City of St. Joseph approved the rezoning designation from LI Light Industrial to B-2 Highway Business District for the property legally described as Block 1, Lot 1, Buettner Business Park 3; and WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication; and WHEREAS, the full text of the amended Ordinance is available at the City Offices, 75 Callaway Street East. THEREFORE, IT IS HEREBY RESOLVED: 1. The City Council has reviewed the proposed Summary Publication and finds that the summary of the Ordinance clearly informs the public of the intent and effect of the Ordinance. 2. The City of St. Joseph directs the City Administrator to publish the Ordinance by Summary Publication. Adopted this day of 2019, by a vote of in favor and opposed. CITY OF ST. JOSEPH By ______________________________ Rick Schultz, Mayor By ______________________________ Judy Weyrens, Administrator