Minutes - Council - 03/08/1994 - Laserfiche WebLink

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Motion by Councilmember Peterson and seconded by Mayor Gilbertson to adopt Resoluti6n #94-03-048 approving a Modified Development Program for Development District No. 1 and a Modified Tax Increment Financing Plan for Tax Increment Financing District No. 2. Motion carried. Voting Yes: Mayor Gilbertson, Councilmembers Peterson, Beyer, Hardin, and Zimmerman. Voting No: None. Case //'2: Request for Sketch Plan Approval of Townhouses of Rum River Hills; Case of Wilbur Dorn Zoning Administrator Frolik stated that Mr. Dom is requesting Council approval of the sketch plan for the development of 12 townhouses at Rum River Hills Planned Unit Development (PUD). She advised that Staff is recommending denial of the sketch plan for the following reasons: 1) The development agreement for Rum River Hills PUD states that higher density housing would be permitted within the PUD when sewer and water is available, therefore, there is no prior commitment of the City to deviate from our Comprehensive Plan and allow for this development at this time. 2) Also with there being no prior bommitment, development of the townhomes conflicts with 4 in 40 density zoning. Four in 40 was reaffu'med as of January 1, 1990, and the City has not deviated from it since even though receiving many requests to do so. 3) Other developers and property owners are waiting in the wings, and if Council approves this variance from 4 in 40, it would set a precedent that will be difficult to defend. 4) Metropolitan Council's view of approv~al is questionable at best, and this could foreseeably endanger Ramsey's future Metropolitan Urban Service Area (MUSA) expansion. Wilbur Dom was present and stated that he is only requesting conceptual approval of the townhouses so that he can proceed to the public hearing stage of the process. Mr. Dom disagreed that the request was in conflict with the 4 in 40 density zoning, explaining that this should be considered under the PUD ordinance, not a zoning ordinance, and should be grandfathered in. He also added that by putting in townhouses as opposed to condominiums, they would actually be decreasing the demand of City services to this project. Mr. Dom stated that the residents of the PUD would prefer townhouses, and he felt that only City Staff opposes this change to the PUD. Mayor Gilbertson stated Staff and Council's main concern was of setting a precedent which would allow other developers/property owners to demand a variance to the 4 in 40 density zoning. Mr. Dom stated he felt there was no one who could match his special circumstances wherein a precedent could be applied. Councilmember Peterson inquired of Attorney Goodrich whether approving this concept would set:a precedent. Attorney Goodrich advised that the City would have to admit they did a relaxation of the 4 in 40, though it would probably be difficult to match the conditions of his case. He added, however, that the bottom line is one would be able to say this was done outside the MUSA. Mr. Dom pointed out that the townhouses would provide less density than the original PUD. City Council/March 8, 1994 Page 3 of 7