PUBLIC HEARING: Consider Recommendation on Comprehensive Plan Amendment and Zoning Amendment for 6139 157th Ln NW

Please note: there is no physical development being proposed with this case. The intent of this case is to amend a previous approval for an existing use. There are, however, additional outcomes of the decision beyond the current, approved Conditional Use Permit for this Property.

Purpose

The purpose of this case is to hold a Public Hearing and consider a recommendation to the City Council on two actions:
 

1. Comprehensive Plan Amendment from Low Density Residential to Commercial
2. Zoning Amendment from R-1 Residential (MUSA) District to B-1 General Business District

The impetus for this case is a recent re-financing of the Property. The lender is concerned about the current non-conforming status of the Property for use of Professional Office. Specifically, the lender is concerned about State Statute language regarding non-conforming uses that are terminated for a period of twelve (12) months. State Statue then considers the non-conforming uses abandoned and loses said status.

Background

The Property is currently located in the R-1 Residential (MUSA) District. None of the current uses of the Property are listed as Permitted or Conditional Uses, although the City has previously approved these uses. The purpose of this case is to step back and apply the proper approval process for a previous City action. The current situation is not a result of the current Owner not following proper procedures to request City approval.

The Property was originally home to Lord of Life Church, until such time Lord of Life moved to their current location. Churches and Places of Worship are Conditional Uses in the R-1 Residential (MUSA) District. The effect of the vacation of the former church structure by Lord of Life was a structure that was not consistent with a single-family dwelling.

In 1991, in an effort to find an acceptable adaptable re-use of the property and consistent with policies and practices at the time, the City Council amended the Conditional Use to allow for Professional Offices. The 1991 Conditional Use Permit was subsequently amended to allow for Commercial Day Care and a Deli. The deli is no longer in operation. Since these uses are not listed under the underlying Zoning District, the use is considered non-conforming. Since the non-conforming status is the result of the process undertaken by the City, and not for lack of seeking proper approval on the part of the Owner, the non-conforming uses are permitted to continue without expansion and provided that the use is not terminated for a period twelve (12) months.

Staff attempted to notify all Property Owners within 350 feet of the Subject Property via Standard US Mail. The Public Hearing Notice was also published in the Anoka County UnionHerald.

Observations

In discussing the matter with the City Attorney, the City Attorney's legal opinion is that the City should process a Comprehensive Plan Amendment and Zoning Amendment. The 'Official Control' for regulating land use is the Zoning Code and Zoning Map. It would appear that the B-1 General Business District is the most appropriate existing Zoning District to apply to this situation. The Official Zoning Map must be consistent with the Comprehensive Plan, which is the first step in establishing a land use vision and development standards for a community, which is why there are two (2) separate actions for this case.

The purpose of the Commercial land use designation in the Comprehensive Plan is to include a range of neighborhood and community commercial/retail development. The intent of the B-1 General Business District is to provide a commercial area for goods and services for the surrounding neighborhoods and community on a smaller scale than the B-2 Highway Commercial District (Highway 10).

Secondary Outcomes

Part of the original attractiveness of utilization of the Conditional Use Permit is the ability for the City to limit the types of uses of the Property beyond an underlying commercial zoning district. By taking this action, the Property is then eligible for additional uses that were not part of the current Conditional Use Permit. However, as reviewed by the City Attorney based on current Zoning Code and case law, the Conditional Use Permit is no longer an acceptable tool to apply to allow for the current use.

The types of uses that would now be allowed would include enclosed retail activities without outdoor activities, restaurants and cafes, offices and banks, personal and professional services, funeral homes, medical clinics, laundromat, self-service washing and drying, dry cleaning, animal clinics and indoor small animal boarding facilities, adult uses - accessory, convenience grocery and/or food operations, and off-sale liquor. The amendment would also allow animal clinics and outside small animal boarding facilities, commercial carwashes (drive through, mechanical, self service), convenience gas (no vehicle service or repair), day care centers, on-sale liquor, uses with drive through service, oversizing of signs, expansion or enlargement of lawful nonconforming uses, cell towers, and wind energy systems by Conditional Use Permit.

Alternatives

Alternative #1 - Recommend that the City Council approve the Comprehensive Plan Amendment and Zoning Amendment. Although this opens up additional potential future uses, it appears to be the most appropriate tool to apply to the current use as previously approved by the City.

Alternative #2 - Recommend that the City Council deny the Comprehensive Plan Amendment and Zoning Amendment. The current uses would be allowed to continue without expansion provided that the uses are not terminated for a period longer than twelve (12) months. The deli operation appears to have been vacant for a period of at least twelve (12) months and therefore is no longer allowed. If the current uses terminated for more than twelve (12) months, future uses would need to be consistent with the R-1 Residential (MUSA) District, which would essentially mean that the structure must be used as a single-family dwelling or a Place of Worship with the issuance of a new Conditional Use Permit. The City could then re-evaluate an amendment to the Comprehensive Plan and Official Zoning Map at that time.

Alternative #3 - Establish a new Zoning District for the City that included its own list of Permitted and Conditional Uses. For example, as it could apply to this situation, the City could establish a Neighborhood Office District that had a smaller sub-set of the B-1 General Business District. Staff would anticipate that the neighborhood would be most concerned with retail type uses such as convenience stores and gas stations.

Since the impetus of the case stems from the City's processing of a past approval, this case is being handled as part of normal Staff duties.

Staff recommends approval of the Comprehensive Plan Amendment and Zoning Amendment as presented.

Motion to recommend that the City Council approve a Comprehensive Plan Amendment to Commercial and a Zoning Amendment to B-1 General Business District for 6139 157th Ln NW.