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I <br />i <br />I <br />I <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 /> <br />CASE # 7 <br /> <br />REQUEST FOR EXPANSION OF METROPOLITAN URBAN SERVICE AREA; <br />CASE OF DOLPHIN REAL ESTATE PARTNERSHIP <br /> By: Zoning Administrator Sylvia Frolik <br /> .; <br /> <br />Background: <br /> <br />On August 12, 1997, the City Council granted site plan approval to Dolphin Real Estate <br />Partnership for the development of a Burger King restaurant in the northwest quadrant of <br />the intersection of U.S. Hwy. #10 N.W. and Ramsey Blvd. N.W. The site is just outside <br />of the Metropolitan Urban Service Area (MUSA) and development would occur with an <br />on-site septic system and well. <br /> <br />Observations: <br /> <br />The City has received a letter from Gregory Dolphin of Dolphin Real Estate requesting <br />that the City expand the MUSA boundary to include the Burger King site in order that the <br />development can proceed with sanitary sewer and municipal water services. Mr. Dolphin <br />states in the letter of request that septic systems for fast food restaurants are problematic <br />and costly to maintain. <br /> <br />To expand the MUSA boundary to include the 3 acre Burger King site would be a minor <br />c mprehensive plan amendment. In accordance with the City Charter, initiation of a <br />MUSA boundary modification requires a 4/5 vote of the City Council. If approved, the <br />amendment would be forwarded to the Planning Commission for a recommendation. <br />That recommendation will be presented to City Council for formal action and if <br />approved, the comprehensive plan amendment would be forwarded to Metro Council for <br />approval. <br /> <br />The following items are enclosed for your information: <br /> <br />a) <br /> <br />b) <br /> <br />Excerpt of City Map identifying the current MUSA Boundary <br />and the Burger King Parcel <br />Letter of request from Gregory Dolphin dated May 5, 1998 <br /> <br />Recommendation: <br /> <br />Council action on this request for a MUSA boundary modification is contingent upon <br />Council's action in an earlier case on this evening's agenda regarding the Charter <br />amendment calling for public referendums on modifications to the MUSA boundary. <br />Depending on the outcome, Council may have the option to direct the Planning <br />Commission to conduct a public hearing and formulate a recommendation regarding the <br />request for a MUSA boundary modification. <br /> <br /> <br />