Agenda - Council - 07/25/2000 - Laserfiche WebLink

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and questioned if the Commission were to approve the rezoning would they be committed to approving the concept plan. City Attorney Goodrich replied no. He suggested that the Planning Commission advise the applicant, if they approve the rezoning, that the approval of rezoning does not approve the concept plan and inform tAem of the defects. Chairperson Anderson inquired if the concept plan complies with Chapter 14 of the City Charter. City Attorney Goodr/ch replied that he had not reviewed the concept plan, bur Community Development Director Frolik had indicated that it does not comply with Chapter 14 of the City Charter. Jack Miller, 4140 Terrace Lane, Minnetonka, stated that he was the applicant and was not present at the previous P[arming Commission meeting. He stated that he does not know how his proposed development relates to the Comprehensive Plan, but knows the intent of the City was that the Charter Amendments were not going to be the guiding light, but be included in the new Comprehensive Plan. b/Ir. Miller reviewed the history of working with the City since 1970's. He explained that from I970 to 1985 when sewer f~rst came in to the Rivers Bend development they were unable to get sewer out to the sire in question. The City at that time also had a one acre minimum lot size requirement, but virtually all the one acre lots are not true one acre lots because they were measured from r_he middle of the street. When the lots in the second and third addition were developed in Reilley Estates the City policy was to encourage building homes on half the lot so that when City utilities became available there would be an oppormn/ty to sell the other half of the property,. The majority of the homes are built on one side of the lot and the lots are assigned with two street numbers. In 1995, the City began running out of urban lots and petitioned to bring other land into the MUSA which included this property. Chairperson .Anderson stated that the testimony the Commission has heard from the residents is that 18 months ago :there was an application for preliminary plat of the property that was withdrawn and that the residents were presented a .map, when they built their homes, that the 75 acres would be platted into one acre plats and were assured that this is the way it would be developed, b/lt. Anderson was not aware of any comminnent that was made to the City to develop the property into one acre lots. Nh'. Miller explained that in the 1970's when the property was platted there was no vision for City sewer and water so the property was originally planned to be sold at the minimum lot requirement wh/ch was one acre lots, but was never a guarantee or a legal promise, ile also noted that the majority of the adjacent property owners did not purchase their property from him. Chairperson Anderson inquired as to the lawsuit the applicant initiated against the City of Ramsey that was dismissed and questioned the reasoning for the Courts decision. Planning Commission/July 10, 2000 Page 4_422 ! I I I I i I I ! ! I I ! I I I