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HomeMy WebLinkAbout2022-17 - Rezone the Parcels at 1001, 1101, and 1105 Division Street West from I-2, Heavy Industrial to C-2, Highway Commercial CITY OF FARIBAULT ORDINANCE No. 2022-17 REZONE THE PARCELS AT 1001, 1101, AND 1105 DIVISION STREET WEST FROM I-2, HEAVY INDUSTRIAL TO C-2,. HIGHWAY COMMERCIAL WHEREAS, the parcels at 1001, 1101, and 1105 Division Street West (the subject property) are currently zone I-2, Heavy Industrial; and WHEREAS, the City's Journey to 2040 Comprehensive Plan guides the subject property for commercial/residential mix; and WHEREAS, the City's Zoning Map must be consistent with the City's Comprehensive Plan; and WHEREAS, the City initiated an application to rezone the subject property to C-2, Highway Commercial, which is consistent with existing and potential uses of the subject property; and WHEREAS, the Planning Commission, on June 6, 2022, following proper notice to the owners of the subject property, held a public hearing regarding rezoning the subject property to C-2, Highway Commercial, as shown in Exhibit A; and WHEREAS, the Planning Commission finds that it is appropriate to rezone the subject property to C-2, Highway Commercial, based on the following written findings of the Planning Commission as required by Section 2-180 of the City's Unified Development Ordinance: 1. Criteria: Whether the amendment is consistent with the applicable policies of the City's Land Use Plan. Finding: The subject property is currently zoned I-2, Heavy Industrial, which is inconsistent with the Comprehensive Plan, which guides the subject property for commercial/residential mix. The proposed C-2, Highway Commercial zoning of the property is consistent with the Comprehensive Plan. 2. Criteria: Whether the amendment is in the public interest and is not solely for the benefit of a single property owner. Finding: It is in the public interest to rezone the subject property to be consistent with the City's Comprehensive Plan. 3. Criteria: Whether the existing uses of property and the zoning classification of property within the general area of the 1 property in question are compatible with the proposed zoning classification, where the amendment is to change the zoning classification of a particular property. Finding: The existing and potential uses of the subject property relate more closely to commercial uses rather the heavy industrial uses. The proposed zoning would allow the existing uses on the subject property to continue. 4. Criteria: Whether there are reasonable uses of the property in question permitted under the existing zoning classification, where the amendment is to change the zoning classification of a particular property. Finding: The existing uses of the subject property are not heavy industrial uses. Therefore, the proposed rezoning to C-2, Highway Commercial is in the best interest of the property owners and the City. S. Criteria: Whether there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its present zoning classification, where the amendment is to change the zoning classification of a particular property. Finding: The proposed rezoning to C-2, Highway Commercial, relates to the existing uses. The trend is for industrial uses to be located closer to Interstate Highway 35. WHEREAS, the City Council held a public meeting on June 14, 2022, to consider approval of the first reading of Ordinance 2022-17; and WHEREAS, the City Council also held a public meeting on June 28, 2022, to consider approval of the second reading of Ordinance 2022-17; and WHEREAS, based on the City Staff report, the results of the public hearing, and the written findings of the Planning Commission, the City Council of the City of Faribault concurs with the written findings of the Planning Commission and makes the identical findings. NOW, THEREFORE, THE CITY OF FARIBAULT ORDAINS: Section 1: Rezone the parcels at 1001, 1101, and 1105 Division Street West to C-2, Highway Commercial. The Faribault City Council hereby rezones the parcels at 1001, 1101, and 1105 Division Street West, as depicted in Exhibit A of this ordinance, to C-2, Highway Commercial. 2 Section 2: The zoning map need not be republished. The City of Faribault is not required to republish the city zoning map to reflect the rezoning. However, the City Planner must appropriately indicate the amendment on the Official Zoning Map on file with the City Planner. Section 3: Findings and incorporation of recitals and exhibits. The recitals and exhibits incorporated in this ordinance constitute the City Council's written findings protecting the public's health, safety, and welfare. Section 4: Effective date. This ordinance shall be effective immediately upon its passage and publication per the provisions of the Faribault City Charter. Public Hearing: June 6, 2022 First Reading: June 14, 2022 Second Reading: June 28, 2022 Publication: July 6, 2022 Faribault City Council -��- Z/—, , Kevin F. Voracek, Mayor ATTEST: Timothy C. rray,liqity A6iniAistrator 3 EXHIBIT A Map Showing the Parcels at 1001, 1101, and 1105 Division Street West to be Rezoned to C-2, Highway Commercial 3,4 Parcels to ndustrial torte C-2,Highway C GMMe rcial f / Y j- -_ t • 4 AFFIDAVIT OF Summary Publication CITY OF FARIBAULT PUBLICATION ORDINANCE No. 7 REZONE THE PARCELS PUBLIC NOTICES AT 1 AND 1105 DI AT STREET I do solemnly swear that the notice, as per the WEST FROM 1-2,HEAVY proof, was published in the regular and entire INDUSTRIAL TO C-2, edition of the HIGHWAY COMMERCIAL On June 28,2022,the Faribault City Council approved Faribault Daily News Ordinance 2022-17,which rezones the parcels at 1001, with the known office of issue being located in 1101,and 1105 Division Street the county of: West from 1-2,Heavy Industrial, h to C-2,Highway Commercial. Rice The rezoning is consistent with additional circulation in the counties of: with the City's Journey to 2040 Comprehensive Plan. e of the facts stated A complete copy of the and has full knowledge ordinance,including a map below: showing the subject parcels, (A)The newspaper has complied with all of the is available for public review requirements constituting qualification as a during regular business hours qualified newspaper as provided b Minn. at City Hall, ba NW 1st QP Y Avenue, Faribault, Minnesota. Stat. §331A.02. Public Hearing: June 6,2022 (B)This Public Notice was printed and pub- First Reading: June 14,2022 lished in said newspaper(s)once each week, Second Reading:June 28,2022 ;the first insertion Publication: July 6,2022 for 1 successive week (s) 120412 FDN 7/6 being on 07106/2022. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a coun- ty adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: .(�cO Authorized Agent By: kf LSt(j1a, CJo U r / Print Name Subscribed and sworn to or affirmed before me on 1 —ZZ by: otary Public ANTOINETTE J.SCHMIDT ` Notary Public-Minnesota My ComwAssion Expires Jan 31,2026 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $23.25 per column inch Open Rate Ad ID 120412