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Home My WebLink AboutX-C-01 (a, b) Comprehensive Plan Admendment and Rezoning - 117 22nd St W - Rosa Castro City Council Memorandum To: Mayor Fasbender and City Council From: Justin Fortney, City Planner Date: May 2, 2022 Item: Comprehensive Plan Amendment and 2nd Reading: Rezone Property - 117 22nd St W Council Action Requested: Consider and act on the following two resolutions to rezone the subject property from commercial to residential. This proposal is at the request of the property owner, Rosa Castro, for the purposes of constructing a new duplex on a now vacant lot. 1. Comprehensive Plan Amendment guiding the future use of the subject property from Commercial to Medium Density Residential. 2. 2nd reading to amend City Code Chapter 155.01 by rezoning property from C-3, Community Regional Commerce to R-3, Medium-High Density Residence. A simple majority is necessary for the actions. 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: • Comprehensive Plan Amendment Resolution • Ordinance Amendment • Planning Commission Memo - April 11, 2022 X-C-01 (a, b) HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS AMENDING THE CITY OF HASTINGS 2040 COMPREHENSIVE PLAN Councilmember ___________________________ introduced the following Resolution and moved its adoption: WHEREAS, Rosa Castro, owner of the property described below, has petitioned for an amendment to the Future Land Use Map of the 2040 Comprehensive Plan to re- guide the following property from “Commercial” to “Medium Density Residence”: 117 22nd Street W, legally described as Lot 13, Block 3, TOWN OF VERMILLION, Dakota County, Minnesota. WHEREAS, On April 11, 2022 the Hastings Planning Commission recommended approval of the amendment as presented; and WHEREAS, The City Council has reviewed the request and concurs with the recommendation of the Planning Commission. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the amendment as presented to the City Council subject to the following conditions: 1. Approval by Metropolitan Council. Council member ______________________ moved a second to this resolution and upon being put to a vote adopted by those present. X-C-01 (a, b) Adopted by the Hastings City Council on May 2, 2022, by the following vote: Ayes: Nays: Absent: ATTEST: __________________________ Mary Fasbender, Mayor ________________________________ Kelly Murtaugh, City Clerk (City Seal) I HEREBY CERTIFY that the above is a true and correct copy of resolution 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 This instrument drafted by: City of Hastings (JJF) 101 4th St. E. Hastings, MN 55033 X-C-01 (a, b) ORDINANCE NO. 2022-____, 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 X-C-01 (a, b) 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 X-C-01 (a, b) To: Planning Commissioners From: Justin Fortney, City Planner Date: April 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 X-C-01 (a, b) 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. X-C-01 (a, b) 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. X-C-01 (a, b) 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. X-C-01 (a, b) 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. X-C-01 (a, b) ATTACHMENTS • Aerial Map • Photo of the former home on the subject parcel AERIAL MAP Former house, now demolished X-C-01 (a, b)