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HomeMy WebLinkAbout2012.01.23 RESO 2012-01RESOLUTION 2012-01 APPROVING FINDINGS OF FACT APPROVING A REZONING FOR PROPERTY LOCATED AT 13997 FOREST BOULEVARD NORTH WHEREAS, Quentin and Joan Marier have requested a rezoning to change the zoning from Neighborhood Service (NS) to General Business (C-2) ; and, WHEREAS, the subject property is legally described as follows: (SEE ATTACHED) WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing on January 12, 2012, and recommends approval; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the rezoning of the properties located at 13997 Forest Boulevard from Neighborhood Service (NS) to General Business (C-2), based on the following findings: 1. The NS and C-2 zoning districts have different permitted, accessory, and conditional uses. The C-2 district allows for more intense commercial uses that may include additional traffic, lighting, and noise. The construction limitations are the same, except the lot coverage requirements. The applicant has stated that he would like the property to be zoned C-2 because of the expanded uses, which allows for the repair and sales of outdoor power equipment, compared to the NS zoning district. The property is at an important intersection adjacent to Highway 61 and 140' Street (CSAH8), with high traffic counts. Any use on the property would likely draw people from several areas of the City, other than the surrounding neighborhoods. The area is consistent with what would be desired for uses in the C-2 district to locate. Rezoning the property General Business (C-2) would be in compliance with the land use guide plan. If the Planning Commission is supportive of approving the request, then it may be reasonable to expect other property owners south of this site to request the same zoning. 2. The property is generally flat. There are wetlands and a wooded area on the southeast portion of the property. The applicant is not proposing to remove any trees and will be preserving the wetland area. The building and the site are arranged to accommodate the proposed use in regards to parking, access, and building placement. The proposed zoning classification is appropriate for the property because there are not topographic, environmental, or cultural limitations of the site. 3. Sewer and water are available on the property. In addition, a traffic signal and intersection improvements have been installed at the intersection of 140' Street (CSAR 8) and Highway 61. There is full access available to the site from 140` Street (CSAH 8) and a right in right out at Highway 61. I+' Resolution 2012-01 Page 2 4. The proposed use is different but, may be less intense than what was approved and operating previously. While the properties to the east are developed with town homes, they are separated from this property by a wetland and wooded area that will serve as an acceptable transition to a proposed commercial development. The properties to the north at occupied by single family homes but, will likely be redeveloped in the future since they are zoned Central Business (C-1). It's staff opinion that this property can accommodate the expanded uses without having an adverse impact on the surrounding properties. ADOPTED by the City Council on January 23, 2012. ATTEST: "-OI `�I � \ • Michele Lindau, City Clerk