Hibbing. Land Use. Hibbing Comprehensive Plan 8.1. Land Use

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1 Hibbing 8.1

2 Introduction 8.3 Information and Assessment Recommendations Implementation

3 Introduction Although land use was not identified as a discrete goal during the community planning process for the Hibbing Plan, land use designation and regulation constitute the primary tools for ensuring that the City Council and the policy boards entrusted with the responsibility and authority not only create the plans, but also to develop and enforce the regulations and procedures that govern land use. The information that follows provides background information that lays out the purposes, uses and importance of these tools in managing the issues and actions that City officials will address in the future. Information provides an overview of various regulatory tools and discusses area specific and general land use issues. Recommendations discusses area specific and general land use issues. Maps identify current land use issues and suggest land use designations in Hibbing. 8.3

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15 Information and Assessment There are several regulatory and non-regulatory tools that can be used by municipalities and towns to guide new development in patterns that are consistent with local and regional design, natural resource protection and economic development considerations. Several important federal and state regulations provide guidance for state and local initiatives to protect the quality of life of communities. The Clean Water Act and the Safe Drinking Water Act are just a couple. Additionally, local regulations, such as zoning and subdivision control, that address overall community concerns are strengthened by the presence of livability objectives in the Comprehensive Plan. Comprehensive Plan Zoning Regulations Subdivision Regulations Comprehensive Plan Outlines the community s development and conservation policies. The Comprehensive Plan is a planning document that identifies community goals and is an overall guide for a town s physical development. The plan should increase a municipality s understanding of its development capabilities and limitations and help officials determine the impact of specific development proposals on its long-term goals and vision. By stating the immediate and long-range growth and development goals of the community, the plan provides the guiding framework for writing and revising zoning and growth control laws, and, if need be, defending them in court. A Comprehensive Plan should also identify an action program or specific steps the municipality intends to take toward realizing the plan s vision. These actions can include regulatory, non-regulatory and capital programs. Thus, local zoning regulations need to be consistent with the Comprehensive Plan in order to implement the plan s objectives. Zoning Regulations Controls land uses. The most widely used and legally binding local mechanism to shape the form and location of future development is a town s zoning regulations. Zoning regulations consist of zoning text, also known Zoning is a fundamental community design tool for shaping the pattern and scale of growth. It can be used alone or along with other land use regulatory tools to encourage development in particular areas while conserving others. In its most basic form, zoning laws and ordinances are employed to separate incompatible land uses from one another and to designate appropriate districts in which uses are permitted by right. One of the fundamental uses of zoning is to control lot size, density of development and setbacks from the edges of a property lot. This material taken from Building Livable Communities: A Community Design handbook For Connecticut Towns prepared by Regional Plan Association & Connecticut Coalition 8.15

16 Site Plan Review Design Review Overlay Zones or Districts Consistency Requirements Inter-Municipal Agreements Adequate Public Facilities Development and Conservation Tools In updating the Comprehensive Plan, towns should reassess existing zoning ordinances and adopt those that support more sustainable land use and incorporate community design principles. Establishing zoning that is consistent with the intent of the plan is a key step toward effectively implementing goals. Subdivision Regulations Controls how land is developed. Subdivision regulations differ from zoning in that they do not control the use of land, but rather how it is developed. The primary purpose of regulating subdivision of land is to ensure that building lots are accessible, able to support necessary wastewater facilities and are otherwise suitable for development. The intent is to protect the future buyer by preventing the creation of unbuildable lots and to protect the public from environmental and health consequences resulting from improper development of subdivided land. Cluster subdivision regulations are often implemented to resolve the problems created by conventional subdivision practices such as uniformity, high development and maintenance costs, and the pressure to develop environmentally sensitive stream and wetland areas. Standard zoning for cluster subdivisions allows the same number of homes on smaller lots, providing flexibility in design and reducing development and maintenance costs. Environmentally sensitive areas are set aside as communal conservation land, thus providing private space around each house and greatly enhancing the beauty, sense of community, and livability of the development as an ordinance, and a zoning map. While zoning ordinances are simply a set of rules, zoning maps illustrate the types of land use that exist and are allowed, such as residential, commercial, institutional, industrial, recreational, etc. 8.16

17 Local Initiatives There are also a variety of statutes that can be initiated and maintained by towns that will assist in its preservation and growth. Site Plan Review Siting review for appropriateness to town s objectives and context. Towns should adopt site plan review, roadway layout, and other siting guidelines designed to produce new subdivisions and commercial development that fit the character of existing development in the community. Dimensional requirements, building height and bulk, form and materials, signage and other features of new development should closely match the traditional patterns of compact communities. A municipality may require site plans to be submitted as part of the development review process. This requirement is usually incorporated into local zoning codes. It is common for these codes to require applicants to submit detailed plans for proposed land uses that require special permits. The site plan review process allows a planning board to review aspects of a plan related to drainage, vegetative clearing, wastewater treatment system design and location, the location and characteristics of roads and structures, the protection of significant natural features, traffic safety, landscaping, architecture and a variety of environmental concerns. A site plan review requirement can also include provisions that protect wetland and steep slopes and control erosion and sedimentation to protect a watershed area. Site plan approval can become a condition of zoning approval or other local permit acceptance. Design Review Review for impact on character of town. The design review process is a means by which a town can determine whether a specific proposed project is in line with a town s plan and design guidelines that define the appearance and govern the character of the local environment. More specifically, a design review allows communities to protect and maintain their town s character. A design review should look at several aspects of any proposed project in relation to the rest of the town. Factors such as street patterns and widths, building alignment and entrances, alleys and parking, sidewalks and porches, as well as fences, walls and landscaping can be part of a design review. 8.17

18 Further considerations may include: signage, lighting, windows, roof types and building materials. A well-constructed design review process, directed by guidelines and explicit design principles, can be an effective way of ensuring that local character is preserved and that new developments will uphold higher design standards that will enhance a community s appearance, character and uniqueness. Overlay Zones Special zone outlining a significant resource, the zone is overlaid on existing zoning districts. Aside from designating districts or zones for particular groups or types of uses, zoning regulations can identify important natural or community resources within the town that need specific protection beyond what is provided in the conditions on locations and types of allowed uses. Overlay zones, such as a water resources overlay, can specify that new development must not be sited within a set distance from streams, ponds, or wetlands. Certain uses, including those that require the use or storage of hazardous materials, also may not be allowed within the overlay zone and certain activities, such as draining of wetlands, will not be permitted. Overlay zones can be applied as well to other areas with unique natural features such as steep slopes or poor soils. Overlay zones may also be applied over commercial or dense residential areas allowing for mixed uses like housing above ground floor commercial. Overlay zones must be identified by distinct boundaries and be included on the town s zoning map. Consistency Requirement Requires zoning and plan to be consistent. The consistency requirement is a vital tool in regulating new development and protecting natural assets such as open spaces, wetlands, and recreational spaces. By ensuring that zoning codes are consistent with the town s plan of development, a town can prevent a developer from violating the intentions of the plan. In court it is the zoning - not the town plan - that will be used to settle a development dispute. Without consistency between the two documents it is more likely that developers will adhere to the minimum requirements of the zoning codes rather than a community s vision outlined in the town s plan. By requiring the zoning code and the plan to be in agreement and by using other tools of site and design review, the community can more effectively guide development to fulfill its desired vision. 8.18

19 Inter-Municipal Agreements Cross-Municipal agreement to protect larger resources. There are times when an issue or problem crosses town boundaries. Coordinated inter-municipal planning for cross-jurisdictional issues allows for better community design and economic development. Sharing financial and technical resources, such as forming joint planning boards or a council of governments, ensures that there is more cooperation and consistency in planning decisions across adjacent towns. Sharing resources may also be the most cost-effective approach. An inter-municipal partnership can encourage development in some areas and discourage it from other, environmentally sensitive areas. In this way, communities can potentially achieve more than they can by going it alone. Through inter-municipal agreements, towns and villages can work with one another to develop plans and work cooperatively to implement them. A frequently encountered situation where inter-municipal planning is particularly effective is in the case of rivers, streams, and watersheds, which often do not fit neatly within political boundaries. Activities in one part of the watershed can affect water quality downstream. Preservation of water quality and water resources needs to be viewed by connected municipalities as a single unit. Agreements should be made to guide its development as a whole rather than in individual pieces. Inter-municipal planning in the watershed can take numerous forms, but most important is the coordination of local actions and programs to achieve common, inter-municipal goals. Coordination may be achieved through joint development of goals, as well as integrated strategies of implementation. Adequate Public Facilities by Law Requires infrastructure demands be met by developers. This is a mandate that requires that the capacities of public utilities and agencies be assessed. Facilities may include water supply, sewage, roads, schools, fire and police protection, and transportation, as well as recreation and open space. This can be used effectively to channel growth by creating incentives to develop on land already served by existing infrastructure. Generally part of a capital improvement program, it ensures that improvement needs of new development are consistent with the overall needs of the town at large. In this way, new developments are better integrated into the existing town. 8.19

20 It is important to remember that Adequate Public Facilities by Law is a tool for managing growth and an important factor for any and all growth considerations. Of foremost importance among those facilities to be examined are the sewage and wastewater treatment facilities. Any consideration of future density must include a realistic look at the ability of higher density developments to accommodate sewage and wastewater treatment, either through the inception of a centralized wastewater treatment facility or properly sited septic systems. In both cases, there is a financial and environmental cost that must be assessed and accounted for in the capital facilities section of the conservation and development plan. Development and Conservation Tools These additional tools provide powerful means of regulating and shaping the growth of the community. It is necessary to assess them for their potential value to the town with respect to the goals identified and to fully understand the impact of those selected on its long-range vision. Open Space Zoning - provision requiring clustering of development while setting aside permanent open space. Purchase of Development Rights - purchase a conservation easement to protect farmland from development. Fees in Lieu of Open Space - requires a percentage of open space or payment for its absence. Transfer of Development Rights - allows development options from more sensitive to less sensitive areas. Urban Growth Boundary - mapped line dividing development areas and protected areas. Neighborhood Revitalization Zones - neighborhood designated areas targeted for growth with special incentives attached. Environmental Overlay District - protected areas that contain resource areas. Wetlands Protection - areas defined as wetland are protected from development. 8.20

21 Commercial/Industrial Downtown One of the major questions for the community is the role of downtown in community life. For most people downtown is still considered the focal point of the City. While retail and commercial growth along the Highway 169 corridor continues to develop, downtown has seen an increase in service sector businesses. Area Specific Issues The strength of downtown lies in its compact form, centered within the community, and its historic building fabric. The central business district remains the focus for government activities; City Hall, Library, Fire Station, and Post Office. Downtown is generally recognized as having three loosely defined districts. 1. The Central Business District, generally along and adjacent to Howard Street 2. North Hibbing/Brooklyn Addition, mix of older retail and remnants of industrial uses 3. Commercial area along 1st Avenue Land use considerations include: Focusing on downtown as the social and cultural center, and the hub of commercial/retail activity Looking for potential for mixed-use development opportunities Exploring any historic overlay district issues/recommendations Looking for mixed-use development opportunities Redevelopment and revitalization of the north downtown neighborhood Potential re-zoning of existing industrial uses Western Edge/Highway 169 Continuing retail expansion and contraction, and the City s desire to create an identifiable retail area define the land use issues in this area. With the recent closing of the Kmart store and under-performance of Irongate Mall, the City has a redevelopment opportunity served by existing infrastructure. Thoughtful planning and land use strategies could set the example for redevelopment within the urbanized highway corridor. Land use considerations include: Developing a strong retail area Potential redevelopment of the Kmart and Irongate Mall sites Defining the western edge of growth and development Corridor function and image improvements These land use issues have been identified throughout the course of the planning process and through workshops with the Planning Committee. 8.21

22 Area Specific Issues Highway 169 Corridor through Hibbing The corridor presently offers a wide range of land uses; commercial, retail, industrial, educational, and institutional. This mixed-use corridor continues to see growth and development from older industrial uses, to commercial/retail to expansion of the medical and educational campuses. Land use considerations include: Accommodating a mix of land uses while improving the character and image of the corridor Implications to further developing the medical campus Encouraging land uses which support developing a green corridor to Carey Lake Proposed retail development/on-going traffic considerations Potential for mixed-use development Potential re-zoning of existing industrial uses Highway 169 Corridor between Chisholm and Hibbing This portion of the Highway 169 corridor offers a range of opportunities from creating a scenic corridor to developing additional industrial sites. Land use considerations include: Development restrictions due to potential future mining activities Potential development of abandoned mining lands Proposed Balkan Township industrial lands Expansion of recreational uses Commercial/Industrial uses Appropriate corridor development which supports Redevelopment issues of abandoned mining lands Highway 37 Corridor This corridor has been experiencing conflicts over land uses for the past couple of years. With the completion of improved sewer and water infrastructure, development pressures have increased. During the course of this planning process, preliminary discussions have been held with regard to developing a corridor master plan. Land use considerations include: A potential range of land uses from industrial, commercial, business to residential are included in the current corridor discussions Develop appropriate transitions between divergent land uses (i.e. residential next to industrial) Agricultural zoning to industrial/business use Tax-Free zone (Enterprise zone) 8.22

23 Residential Neighborhoods Hibbing s neighborhoods hold much of the architectural history of the city and provide a somewhat chronological trail that describes its periods of gradual change. Land use considerations are: Preservation of the character of existing neighborhoods through coherent zoning; prohibit spot zoning Encouragement of mixed-use/mixed income redevelopment strategies near commercial commercial centers Need to intensify land use and redevelop vacant small lots Residential/Recreational corridor out to Carey Lake Development of this mixed-use corridor offers opportunities to further connect this recreational center to the City and expand the regional open space system. Land use considerations are: Lot size Subdivision regulations Recreation and open space uses Business expansion Housing Preservation and Development Land use considerations are: Ensuring availability of affordable housing options throughout the city Potential for mixed-use developments Availability of services and amenities convenient to new development 8.23

24 Area Specific Issues Need for Land for Commercial and Industrial Growth Careful, thoughtful discussion and planning need to take place regarding this issue. New commercial uses should be located to support existing commercial areas (downtown and the Highway 169 corridor. New industrial uses should be located in a planned industrial park by the airport or off of the Highway 169 corridor between Hibbing and Chisholm. Land use considerations are: Development and redevelopment should first occur in areas with existing infrastructure (roads, sewer/water, electric) Industrial development should be located to take advantage of Mining infrastructure (railroad and power) Compatibility of industrial uses in Highway 37 corridor Sensitive Undeveloped Areas Long-range planning suggests several initiatives for future development areas. Each of these areas present challenges and opportunities for the City. Industrial park by the airport; in addition to being a gateway to the City, there are existing residential and agricultural uses to be taken into account Western edge/highway 169 corridor; this is an important gateway into the City and should not be littered with corporate graphics and chain-store outlets Highway 169 corridor between Hibbing and Chisholm; this corridor offers a unique opportunity to express the dynamic landscape of the region. Development should be well screened and set back from this scenic corridor 8.24

25 Proposed Modification to current land uses Hibbing Area Mining lands have encroached into these areas Developing industrial and phasing out of the old Flowerville residential area Developing Rural Residential area Future location of the Motorplex development Future industrial development Potential recreational corridor Highway 37 to be developed as a mixed use corridor with nodes of Highway Commercial, Light Industrial and Rural Residential Agricultural Agricultural / Rural Residential Forestry - Agricultural Industrial / Mining Open Space - Mining Lands Open Space Rural Residential Suburban Residential Natural Environment / Lakes and Streams Park and Recreation

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27 Proposed Modification to current land uses Urbanized Hibbing Designate as Open Space Develop into Light Industrial Change to Open Space Agricultural New highway commercial north of Hwy. 169 and east of cemetery Designate lands west of 73 as Open Space, develop community entry Designate as Highway Commercial Change to Residential (both areas) Potential recreational corridor Designate as Open Space Change to Suburban Residential Incorporate any changes with Highway 37 master plan Change to Residential (both areas) Commercial Services Highway Commercial Industrial Natural / Open Space Park and Recreation Residential 1-4 Residential Multiple Residential Multiple Residential Suburban Residential Rural Residential / Agricultural

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29 Recommendations Commercial-Industrial Areas Develop a common zoning code with the City of Chisholm and Balkan Township. Review residential zoning to ensure regulatory protection for residential areas from adjacent commercial and industrial uses. Consider changes required to support mixed-use development. Consider any new sign regulations. Support community gateway improvements. Assess land uses in the Highway 169 and Highway 37 corridors to identify, and zone for, potential development of existing vacant lands and reuse upgrades of developed lands. Conduct a corridor study for the Highway 169 and Highway 37 corridors. Pursue development of new commercial/retail and a growth development boundary along Highway 169 western edge. Pursue joint corridor development with Balkan Township and the City of Chisholm for the Highway 169 corridor. 8.29

30 Residential Areas Conduct neighborhood planning processes throughout Hibbing. Complete a through review and update/modification of regulatory tools and evaluate development of new tools to: Preserve identified residential assets in established neighborhoods surrounding the city center, protect architectural and historical integrity of residential and commercial uses. Encourage flexible strategies in urban neighborhoods for infill development and productive use of small lots. ( i.e. examine lot size and set back requirements; consider incentives for purchase as sideyards, community gardens). Protect existing and planned neighborhoods from encroaching/ incompatible uses. Ensure compatibility of future residential development and the city s open space planning. Offer incentives for and/or require inclusion of affordable housing within every new development. 8.30

31 Sensitive Undeveloped Areas The areas to be addressed are; the Highway 37 corridor, any new commercial/retail around Highway 73 and Highway 169, the residential/recreational corridor to Carey Lake Hibbing s Planning Commission should move to create a vision of appropriate development and land preservation and to develop zoning to promote development that conforms to that vision. Continue to explore possible recreational use of abandoned mining lands. General Issues Explore, inventory and assess new areas which may be appropriate for industrial development. Undertake a block by block land use and zoning study, and develop a plan which will guide redevelopment of housing adjacent to downtown. Continue to pursue implementation of the downtown revitalization efforts. Ensure adequate protection for residential areas from near by commercial, institutional and industrial development. 8.31

32 Implementation Hibbing s Planning Commission and x Department will be responsible for implementing the land use recommendations of the Comprehensive Plan. 8.32

33 Revitalization Areas North Hibbing / Brooklyn Additional parkland/trail access. Mitigation/elimination of conflicting uses. Redevelop former Brooklyn Elementary School site. Renovate/redevelop residential neighborhoods. Medical Campus Mesabi Mall - encourage health, medical and speciality clinics to locate here - mixing with the other commercial. Eliminate excessive stop signage on East 37th Street. Kmart and Irongate Mall sites Reuse of empty stores. Encourage adjoining property owner to plot and develop local streets for commercial growth. Work with MNDOT to develop new access on Highway 169 and further south on Highway

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