Rochester property owners have opportunity to address potential zoning map changes

May 17—ROCHESTER — Updates to the Rochester's development code have left some property owners uncertain about how they can develop or use the land they own.

"I don't know what mixed-use transit-oriented centers are," Julie Liesen told Rochester Community Development staff during an online open-house Wednesday afternoon.

Liesen has property near 11th Avenue Northwest, between Civic Center Drive and Seventh Street, which is part of a larger area where city-defined land use and zoning districts don't match.

In her case, it means the land-use map in the city's comprehensive plan suggests the area be developed as a commercial district catering to a transit corridor, while the zoning map in the city's new unified development code marks it for light-industrial uses.

The conflict is one of many expected to be addressed by Rochester Community Development staff this summer as they look to make zoning map changes that will conform to the city's overall plan for city growth and development.

Deputy Director of Community Development Ryan Yetzer told Liesen it's too early to say what changes will be recommended, but he pointed out the property's current use for offices and storage would likely still comply under a potential zoning change.

Even if it doesn't, he said Liesen wouldn't need to make any changes, since the uses have been established.

"There are a lot of misperceptions of what it means to be a nonconforming use," he said of the status that can follow a change in zoning districts.

If a property has an established use that no longer falls within a new zoning district's definition, the use can remain, even if the property is sold to another owner. In other words, a business that could not be built under a new zoning district could continue to operate as an existing business.

Yetzer said conformity to the new zoning only becomes an issue if the property owner seeks a new use for the property or an expansion requires city review.

Liesen isn't alone in the likelihood of seeing a proposed zoning adjustment this year. An online map at

tinyurl.com/zyp2427a

highlights a variety of areas in the city where the current zoning districts don't quite match up with land uses defined in the city's comprehensive plan.

Many of the conflicts were spurred by this year's adoption of a new unified development code, which sought to streamline the zoning map by eliminating some zoning districts and creating others that offer more flexibility for mixed-use development.

As a result, areas along anticipated transit corridors and other high-use areas must be addressed, along with some residential areas.

Yetzer said there's not a single approach that can address all the conflicts, so staff will review each parcel individually to consider potential zoning changes.

As the work starts, Community Development staff is looking for input from property owners like Liesen, as well as people working with developments in the city, like Ryan Schoenfelder of WSE Massey Engineering and Surveying.

During Thursday's forum, Schoenfelder pointed out he's involved with a variety of potential projects tied to properties that could see zoning changes.

"In some of them, we want the zoning to be updated and can hopefully work with the city on those," he said, adding that other projects are relying on the current zoning status.

Yetzer encouraged him and others to reach out to the Community Development staff to discuss potential conflicts and concerns.

In addition to Wednesday's online open house, the staff is holding in-person events at noon and 6 p.m. Thursday at the city's Development Services and Infrastructure Center, 4001 West River Parkway Northwest, to meet with property owners and others.

While it's too early to say what will be recommended to the Rochester City Council in the fall, Yetzer said the goal is to hear community concerns as the work starts.

"We're really here to hear what questions and concerns people might have," he said of the open-house forums.

In addition to making sure the city's land-use and zoning maps align, Community Development staff also have been asked by the City Council to review boundaries for Transit-Oriented Development zones and R2x mixed residential zones, which were adopted in 2019.