2005.12.19 RESO 2005-0072 - Laserfiche WebLink

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RESOLUTION 2005-72 APPROVING FINDINGS OF FACT DENYING THE REZONING APPLICATION FROM RS, RESIDENTIAL SERVICE TO C-1, CENTRAL BUSINESS FOR TERRY MONTPETIT FOR A BAR AND RESTAURANT LOCATED AT 13891 FOREST BOULEVARD NORTH WHEREAS, Terry Montpetit, has requested approval of a Rezoning application to allow for the development of a bar and restaurant at13891 Forest Boulevard North, and; WHEREAS, Terry Montpetit has applied separately for a Liquor License 2 a.m. closing and said applications are incomplete. WHEREAS, the Planning Commission has reviewed the application for a Rezoning at a duly called Public Hearing and recommends denial. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does deny the rezoning, based on the findings contained in the staff report dated December 5, 2005, including the following: I. The requested amendment is not in compliance with the City's Comprehensive plan. Specifically because the plan envisions three types of commercial development as reflected in the zoning regulations; a downtown commercial area, a regional commercial format, and a neighborhood commercial format. This property, being outside the downtown, being only three acres in size, being directly adjacent to residential, and near the entrance to several residential neighborhoods is suited best for a neighborhood commercial format. 2. The requested amendment does not comply with the intent of the C-1 District, which is intended to "provide for the establishment of a downtown which is a blend of cultural, recreational, civic, entertainment, retail, sales, and office uses." The property is not located within the downtown area but is adjacent to residential uses on its east and south boundaries and is separated from the downtown by additional property that is zoned in the Residential Service District and by 14& Street. 3. The requested zoning would constitute an isolated spot of C-1 zoning that is not contiguous to any other C-1 zoned property. Zoning and planning goals would be better served by having C-1 zoned areas located nearer to commercial or industrial uses and not directly adjacent to residential uses. 4. The uses allowed by the C-1 District, including taverns and restaurants -the use contemplated here, will have unreasonable negative impacts on adjacent properties. This is particularly the case here because the adjacent properties consist of residences that would be impacted by noise, light, loud music, crowds, vehicle traffic and other activities that would be anticipated with the uses allowed by the C-1 District. In comparison, a residential service use