HomeMy WebLinkAboutVIII-15 1st Reading - Amend City Code Rezoning C-3 to R-3 - Castro - 117 22nd Street W
City Council Memorandum
To: Mayor Fasbender and City Council
From: Justin Fortney, City Planner
Date: April 18, 2022
Item: 1st Reading: Amend City Code Chapter 155.01 - Rezone Property from C,
Commercial to R-3, Medium-High Density Residence (117 22nd St W)
Council Action Requested:
Consider 1st Reading of an amendment to City Code Chapter 155.01 to rezone property
from C, Commercial to R-3, Medium-High Density Residence as requested by Rosa
Castro. Upon action by the Council the 2nd Reading and final adoption would be
scheduled for the May 2, 2022 City Council meeting along with a Comprehensive Plan
Amendment. A simple majority is necessary for action.
Background Information:
The owners of Las Margarita’s had at one time planned to extend their parking lot to this
property. After expanding to the south several years ago, they no longer have an
expansion need for this parcel. They have removed the existing home from this parcel
and propose to construct a duplex.
Please see the attached Planning Commission April 11, 2022 staff report for additional
information.
Financial Impact:
N/A
Advisory Commission Discussion:
The Planning Commission voted 7-0 to recommend approval of the request at the April
11, 2022 meeting. There were no public comments.
Council Committee Discussion:
N/A
Attachments:
Ordinance Amendment
Planning Commission Memo - April 11, 2022
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1st READING DRAFT
ORDINANCE NO. 2020-____, THIRD SERIES
AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING
SECTION 155.01, ZONING CODE OF THE CITY CODE HAVING TO DO
WITH:
OFFICIAL ZONING MAP
BE IT ORDAINED by the City Council of the City of Hastings that approximately 1/4
acres of property generally located at 117 22nd St W and legally described as Lot 13, Block
3, TOWN OF VERMILLION, Dakota County, Minnesota.
Approval is subject to approval of the concurrent Comprehensive Plan Amendment by
Metropolitan Council:
EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its
passage and approval and publication, as required by law and/or charter.
ADOPTED by the Hastings City Council on this 2nd day of May, 2022.
_________________________________
Mary Fasbender, Mayor
ATTEST:
____________________________________
Kelly Murtaugh, City Clerk
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I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented
to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 2nd day of
May, 2022, as disclosed by the records of the City of Hastings on file and of record in the
office.
_____________________________________________
Kelly Murtaugh, City Clerk
(SEAL)
This instrument drafted by:
City of Hastings (JJF)
101 4th St. East
Hastings, MN 55033
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To: Planning Commissioners
From: Justin Fortney, City Planner
Date: March 11, 2022
Item: Public Hearing ‐ Comprehensive Plan Amendment and Rezoning ‐ 117 22nd St
W ‐ Rosa Castro
Planning Commission Action Requested
Hold a Public Hearing, review, and make recommendation to the City Council on the
following actions as proposed:
1) Comprehensive Plan Amendment to change the Future Land Use Map designation
from Commercial to Medium Density Residential
2) Rezoning from C, Commercial to R‐3, Medium‐High Density Residence.
BACKGROUND
INFORMATION
Existing Condition
The property recently had a single‐family home demolished to prepare for the
construction of a duplex.
Adjacent Zoning and Land Use
The following land uses abut the property:
Direction Use Comp Plan District Zoning District
North Applebee’s Commercial C‐3
East Las Margarita’s Commercial C‐3
South Small apartment Medium Density Residential R‐3 ‐ Medium\High Density Res.
West Small apartment Medium Density Residential C‐3
Planning Commission Memorandum
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Difference between the Comprehensive Plan future land use and Zoning
The Comprehensive Plan serves as a guiding document for future land use for the next
20 years and includes a Future Land Use Map identifying desired land uses. The Zoning
Ordinance is the legal mechanism for regulating land use and includes the zoning map
which identifies zoning districts and permitted uses. The Future Land Use Map of the
Comprehensive Plan is used to guide decisions on rezonings.
Public Notification
Notification of the meeting was sent to all property owners within 350 feet of the
proposed property and newspaper. Staff has not received any questions or comments
as of this writing.
COMPREHENSIVE PLAN AMENDMENT
Request
Change the Future Land Use designation of Commercial to Medium Density Residential
for the subject property. It is fairly common to see amendments to the future land use
designations and rezoning along Vermillion Street. The mostly commercial corridor often
requires amendments due to the narrow commercial corridor and close proximity of
residential uses. This is a long‐standing development pattern.
The owners of Las Margarita’s had at one time planned to extend their parking lot to this
property. After they purchased additional property to the south, expansion to the west
was no longer necessary.
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Analysis
The site is no longer intended to be incorporated into a larger commercial
project.
The site is too small for a standalone commercial site due to marginal access and
visibility.
The site has been cleared of a residential house, which somewhat protected it
from being utilized as a standalone commercial use.
The parcel is adjacent to more residential properties than commercial.
Vermillion Street Corridor Plan
The Plan doesn’t identify the subject or adjacent parcels as having any unique
opportunities for redevelopment.
The Vermillion River District identifies multi‐family and residential uses as
appropriate for the district.
REZONING
Request
Rezone property from C, Commercial to R‐3, Medium‐High Density Residence. The actions
serve as an amendment to Hastings City Code Chapter 155.01 ‐ Official Zoning Map.
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155.30 C‐3 Community Regional Commerce
1. Intent. The intent of this chapter in establishing a community‐regional commerce
district is in recognition of the existing downtown commercial development and
of the need for its future expansions, rehabilitation and redevelopment.
2. Uses Permitted.
1. Commercial establishments including, but not limited to, the following:
1. Retail and service establishments excluding automobile repair;
2. Offices;
3. Entertainment and amusement services; and
4. Lodging services including hotel and motel.
2. Public and semi‐public buildings;
3. Private clubs;
4. Residential dwellings provided they are located above the first floor level;
5. Automobile parking lots;
6. Churches; and
7. Accessory uses incidental to the foregoing principal uses.
3. Uses By Special Permit.
1. Automobile service stations and motor vehicle repair and wash;
2. Small animal clinics, excluding establishments with outside runs and non‐
patient overnight boarding;
3. Towers as regulated by § 155.07; and
4. Residential dwellings on the first floor level provided the dwelling is
accessory to a commercial use, less than 50% of the first level floor area
and is located in the rear of the building with a separate outside entrance.
(Prior Code, § 10.20A) Penalty, see § 10.99
5. Dairies and Creameries
6. Brew Pub
7. Brewery Taproom, provided that a minimum 20 percent of the floor area
devoted to use as retail sales and a brewery production and distribution
area up to 7,500 square feet.
8. Microdistillery with Cocktail Room, provided that a minimum 20 percent
of the floor area is devoted to use as retail sales and a microdistillery
production and distribution area up to 7,500 square feet.
9. Conversion of existing building space of no greater than 10,000 s.f. into a
restaurant, tavern, or lounge per Section 155.09, Subd. F.6.
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155.24 R‐3 Medium‐High Density Residence
1. Intent. The intent of this chapter in establishing a moderate high density
residential district is in recognition of the growing demand for rental housing in
Hastings and of the desire to provide for multi‐family housing upon fairly sizeable
tracts of land, thereby allowing increased design flexibility and a more compatible
land use development pattern.
2. Uses Permitted.
1. Multiple‐family and single‐family dwellings when part of a PRD;
2. Residential care facility, dependent and semi‐independent, residential
senior facility‐independent, dormitories, public and parochial schools and
churches, fire stations, professional offices, day care center, library, gift or
craft shop and similar uses of a public service nature;
3. Accessory uses incidental to the foregoing principal uses such as private
garages and sheds;
4. Home occupations in accordance with § 155.07;
5. Planned residential developments pursuant to § 155.07; and
6. Keeping chickens pursuant to 91.02.
3. Uses By Special Permit.
1. Neighborhood commercial subject to the requirements of § 155.07. (Am.
Ord. 501, passed 8‐18‐2003)
2. Towers as regulated by § 155.07.
Due to zoning restrictions and size of the subject parcel, a single‐family home, twin home,
townhome, or duplex could be built on the property. A duplex is proposed.
Analysis
The ¼ acre site is the typical size of a single or two‐family parcel.
The property has historically been used for a residential home.
The property is adjacent to other residential uses zoned R‐3.
RECOMMENDATION
Approval of the Rezoning is recommended subject to the following conditions:
1) Conformance with the plans submitted with the Planning Commission Staff
Report dated April 11, 2022.
2) Approval of the Comprehensive Plan Amendment.
ATTACHMENTS
Aerial Map
Photo of the former home on the subject parcel
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AERIAL MAP
Former house, now demolished
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