WORKSHOP ITEM Erik J. Thorvig, Economic Development Coordinator
Title
DISCUSS FUTURE ZONING FOR 105TH AVE/NASSAU ST. REDEVELOPMENT AREA
Background
Attached is a map of the 105th Ave./Nassau St. redevelopment area that has been identified in the 2030 and 2040 Comprehensive Plans.
When the 2030 Comprehensive Plan was approved ten years ago, the land use designation for the area was changed from Heavy Industrial (HI) to Planned Commercial/Planned Industrial (PI/PC) to reflect the future vision of the area and encourage commercial uses when redevelopments occur (see attached land use map). The PI/PC designation generally encourages commercial and industrial uses that are part of an overall master development plan. The zoning, which regulates permitted and conditionally permitted uses, is I-2 (Heavy Industrial) which is inconsistent with the future vision for the area. The Comprehensive Plan suggests implementing a zoning change to Planned Business District (PBD) which is more consistent with the land use designation in the Comprehensive Plan.
The Blaine EDA has been active in acquiring property and now owns three properties within the redevelopment area and has a fourth under purchase agreement. There are several properties that are currently for sale or lease. Staff’s concern is that a use that is allowed under I-2 zoning regulations, however not consistent with the vision for the area, will either lease or buy a property and have a long-term operation. The I-2 zoning district allows heavier industrial uses with outside storage.
Attached is a map of a potential rezoning of properties from I-2 to PBD. The intent of the PBD zoning district is to promote a planned environment for integrated industrial, office, commercial and multi-floor residential uses that feature design continuity. Other areas in Blaine zoned PBD include Victory Village, National Market Center, 117th and Highway 65 commercial area, Blaine Preserve Business Park and Lexington Preserve Business Park. The Kwik Trip at the corner of 105th Ave. and Radisson Rd. was rezoned from I-2 to PBD when it was approved.
When rezoning a large area, it’s typical that non-conforming uses are created. Non-conforming uses are uses that no longer conform to a new zoning district. They are commonly referred to as being “grand-fathered”. Minnesota State Statute 462.357 allows non-conforming uses to continue through repair, replacement, restoration, maintenance or improvement, however cannot be expanded. In other words, any existing business that becomes non-conforming can continue as it currently exists however cannot be expanded which generally refers to a building expansion or additional outside storage. The business could remodel, replace, restore or improve a building without issue.
Staff analyzed the existing uses in the proposed rezoning area to determine non-conforming impacts. Based on the current uses, only Dusty’s Body Shop and Blake Drilling would become non-conforming as their uses are not permitted in the PBD zoning district. Several other properties are already non-conforming based on their outside storage and the status would not change. If the council directs staff to proceed with the rezoning process, staff will contact property owners to help them understand the individual impacts to their property as a result of a potential rezoning.
If direction is given to staff to proceed, it’s anticipated a formal action item would go through the planning commission and city council sometime this fall.
Recommendation
Discuss and provide staff direction.