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CASE <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />i <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />CONSIDER ACTION ON THE ANOKA COUNTY COMMUNITY ACTION PROGRAM <br />(ACCAP) REQUEST FOR REZONING, SUBDMSION AND SITE PLAN APPROVAL <br />TO DEVELOP A MULTI-FAMILY RENTAL HOUSING PROJECT IN RAMSEY; <br /> By: Community Development Director Sylvia Frolik <br /> And City Attorney William Goodrich <br /> <br />Background: <br /> <br />The Anoka County Community Action Program had applied for a rezoning, site plan review and <br />subdivision approval to do a multi-family rental housing project on the west side of T.H. #47 at <br />the intersection with Sunwood Drive N.W. The property is located on the west side of T.H. #47 <br />at the intersection with Sunwood Drive N.W. The cases were on the November 28, 2000 City <br />Council agenda. <br /> <br />With respect to the rezoning, the City Council adopted findings of fact. The motion to introduce <br />the rezoning ordinance failed. Any final action on the rezoning, site plan and subdivision was <br />tabled in order to give the City 'Attorney sufficient time to research whether or not failure to <br />introduce the rezoning ordinance applies as a denial under the interpretation of the State 60 day <br />rule. <br /> <br />Observations: <br /> <br />In a recent case involving the City of Duluth, a motion to approve a land use application failed. <br />It was assumed that failure of the motion to approve constituted denial under the law and the 60 <br />day rules was satisfied. However, a strict reading of the law requires the City to move and pass a <br />resolution to deny the application in order to meet the 60 day requirement. Failure of a motion to <br />approve does not result in denial. <br /> <br />As this relates to the ACCAP application, the City Council adopted Findings of Fact regarding <br />the proposed rezoning. If the Council is inclined to deny the rezoning, a resolution should be <br />adopted accordingly. If the Council is inclined to approve the rezoning, then the ordinance <br />should be approved accordingly. <br /> <br />In addition, ACCAP has also submitted applications for site plan approval and subdivision <br />approval. The Council will have to either approve these land use applications or adopt <br />resolutions to deny them. <br /> <br />The following items are enclosed for your information: <br /> <br />a) Site Location Map <br />b) Proposed Final Plat and Review Letter dated November 21, 2000 <br />c) Proposed Site Plan and Review Letter Dated November 3, revised November 17, <br /> 2000 <br /> <br />-117- <br /> <br /> <br />