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Randall, Dehn & Goodrich <br /> <br />MEMO <br /> <br />TO: <br />FROM: <br />RE: <br />DATE: <br /> <br />CITY OF RAMSEY PLANNING COMMISSION <br />WILLIAM K. GOODRICH, CITY ATTORNEY <br />PROPOSED MALLARD PONDS PLAT <br />MARCH 3, 2000 <br /> <br />You have asked for my legal opinion regarding the residential housing density of the proposed <br />Mallard Ponds Plat and compliance with the City Charter and Comprehensive Plan. <br /> <br />Attached is a copy of Chapter 14 of the City Charter. Specifically this question relates to Section <br />14.2.1 of said Chapter 14 ("Section 14.2"). Aiso attached is page V-19 of the City's proposed <br />Comprehensive Plan which corresponds to Section 14.2. <br /> <br />In general, the Charter and Comprehensive Plan density requirements are intended to provide <br />that new development that is adjacent to existing single family development be compatible in <br />density and type. <br /> <br />The language of Section 14.2 is difficult to understand and is therefore the subject of <br />interpretation and determination of intent. In fact, Section 14.2 currently is the subject of <br />litigation relating to the Reilly Estates Plats. I have spoken with the primary author of Section <br />14.2 on several occasions in order to obtain a better understanding of its intent and in preparation <br />for drafting this memorandum. <br /> <br />While there may be several interpretations of Section 14.2, it would seem the most logical and <br />workable interpretation is that it requires new plats to have a density compatible with existing <br />plats at their common borders. This allows existing residential owners to have the assurance that <br />their immediate neighborhood will not be dramatically different in terms of density as a result of <br />a new plat. Based on my research, I am of the opinion that this is the overriding intent of Section <br />14.2. <br /> <br />With this intent in mind, I asked City staffto determine the density of the common border of <br />Mallard Ponds and the Flintwood Hills 2na and 3rd Additions, which are the existing residential <br />plats having common borders with Mallard Ponds. City staff advises that the density of the <br />relevant Flintwood lots is 7.5 units per acre and the density of the relevant. Mallard Ponds lots is <br />5.3 units per acre. <br /> <br /> <br />