Consider Request to Rezone Property Identified by PID #35-32-25-32-0062 from R-1 Residential (MUSA) to E-1 Employment (Project No. 155); Case of Rocky Mtn Investment LLC

The City has received an application from Rocky Mtn Investment LLC (the "Applicant") to rezone the property identified by PID # 35-32-25-32-0062 (the "Subject Property") from R-1 Residential (MUSA) to E-1 Employment. The Applicant is attempting to work with a nearby business (just to the east of the Subject Property but on the north side of the street) that is interested in utilizing the land for outside storage.

Staff attempted to notify all property owners within 350 feet of the Subject Property of the requested Zoning Amendment via standard U.S. mail and published the Notice of Public Hearing in the Anoka County UnionHerald.

The Subject Property, which is currently vacant with no improvements other than a chain link fence, is zoned R-1 Residential (MUSA). The properties to the west, south and southeast are also zoned R-1 Residential (MUSA) while the properties to the east and north (across Riverdale Drive) are zoned E-1 Employment. The Subject Property is 10,807 square feet in size, which does comply with the minimum lot size required in the R-1 Residential District. As a point of reference, the minimum required lot size in the E-1 Employment District is one (1) acre (note though that this is an existing lot of record and amending the zoning district would not require the lot to meet that bulk standard).

The Applicant is seeking this Zoning Amendment to accommodate a potential sale of the Subject Property to a local, nearby business who desires to utilize it for outside storage. Outside storage is not permitted in the R-1 Residential District. In the E-1 Employment District, outside storage as an accessory use of a property is permitted; however, as the principal use, it would require a Conditional Use Permit. It is worth noting that since the Subject Property abuts residentially zoned parcels, there are greater setbacks for outside storage (forty [40] feet from residential properties), which would restrict where this type of use could occur on the Subject Property.

It is Staff's understanding that the Subject Property has been used periodically for outside storage. However, after a review of both the Property File and County records, it does not appear that that use was ever approved or authorized by the City. Thus, it does not appear that there are any lawful, non-conforming rights that would allow this type of use on the Subject Property.

Both the current 2030 Comprehensive Plan and the DRAFT 2040 Comprehensive Plan show the Subject Property guided as Low Density Residential. Should the Zoning Amendment be approved, a Comprehensive Plan Amendment would also be necessary to ensure consistency between the zoning and land use designation.

The Planning Commission held a Public Hearing on the request at their November 1, 2018 meeting.  There were no written or verbal comments submitted regarding the request.

Alternatives

Alternative 1: Motion to deny the request to rezone the Subject Property from R-1 Residential (MUSA) to E-1 Employment. While the Subject Property may not be a prime residential location due to it abutting parcels zoned E-1 Employment, it also doesn't appear large enough to accommodate a typical industrial type of user, other than possibly for outside storage. Based on the limited area that could possibly be utilized for outside storage, that itself doesn't necessarily seem viable either. With no apparent lawful non-conforming rights associated with the Subject Property, staff and the Planning Commission supported this alternative.

Alternative 2: Motion to direct Staff to prepare an Ordinance for introduction at a future meeting to amend the zoning designation of the Subject Property from R-1 Residential (MUSA) to E-1 Employment District. While the properties to the east and north are zoned E-1 Employment, the Subject Property also abuts residentially zoned parcels to the west and south. The size of the Subject Property doesn't appear conducive to a typical industrial type of use, with the possible exception of outside storage. However, it does meet the minimum bulk standards of the R-1 Residential (MUSA) District. If Alternative 2 supported by City Council and the Zoning Amendment is ultimately adopted, a Conditional Use Permit would still be required for outside storage to occur as the principal use of the Subject Property.  Staff and the Planning Commission do not support this alternative.

All costs associated with this request are the Applicant's responsibility.

The Planning Commission recommended that the zoning of Subject Property remain as R-1 Residential (MUSA).

Motion to adopt Resolution #18-235 denying the requested Zoning Amendment.