07.07 - Reconsider Request to Rezone Property from Forest Management to Commercial by Dan Couture

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opportunities would be made available to this particular landowner that are not present on the adjoining properties. 4. The property does not meet the compatibility requirements for the Commercial zone, which cannot be established in an area where it is completely surrounded by residential zones. 5. The area of the property, 20 acres, meets the minimum lot area for both the Commercial and Forest Management zones. 6. Rezoning to Commercial would be inconsistent with the immediate surrounding land uses,which are of a low density,rural character. 7. The topographic characteristics of the property are best suited to a Forestry zoning classification. The topography would not be suited to commercial development. 8. The Comprehensive Plan identifies a need to preserve a wooded corridor in to and out of the downtown area. This is incompatible with a Commercial zoning classification. Rezoning requires an affirmative action of the City Council. If the Council takes no action, the property will remain Forest Management. If six of the seven Council members vote to amend the zoning map and change the designation to Commercial,the property will be zoned Commercial. If five or fewer of the seven Council members vote to amend the zoning map (at least two oppose the rezoning),the property will remain Forest Management. I will be at your upcoming meeting to assist with this application. Please do not hesitate to contact me if you have additional questions or concerns on this matter. The following is an excerpt of the background information previously provided to the Planning Commission and the City Council regarding this application. The property in question is just to the north of Downtown on the east side of State Highway 371 and has been rezoned to Forest Management during the City-wide rezoning process.The property is about 20 acres in size and does not currently contain any structures. The property may be most familiar to Commission members as being formerly owned by NWT LP (Joni Tulenchik, owner). To provide some context for the application, it is important to review the recent history of this parcel, particularly as it relates to actions taken by local units of government. Some time prior to or during early 2001, NWT LP acquired the property from Northwest Paper. At the time of acquisition, the property was part of Sibley Township. NWT LP cleared the trees from the property to prepare for development. The property was zoned Forestry in the township and, as such, clear cutting without a forest management plan(including a revegetation plan)was a violation of Sibley Township ordinances. The Township commenced an enforcement action. NWT LP began discussions with the Township on developing the property for commercial use. It is not known whether or not a formal rezoning application was made (those on the Township Planning Commission at the time may remember), but it was apparent that to all that the Township was not interested in rezoning the property to Commercial. Such a rezoning would 14084 Baxter Drive, Suite 7 Baxter, MN 56425 (218) 828-3064 www.communitygrowth.com