Laserfiche WebLink
CASE <br /> <br /> REQUEST TO REZONE CERTAIN PROPERTY <br /> FROM R-1 RURAL RESIDENTIAL TO R-I URBAN RESIDENTIAL; <br />CASE OF REILLEY ESTATES PARTNERSHIP AND ARCON DEVELOPMENT, INC. <br />By: Zoning Administrator Sylvia Frolik <br /> <br />Background: <br /> <br />Reilley Estates Partnership and Arcon Development, Inc. are requesting a rezoning of property <br />proposed to be platted into single family urban residential lots. <br /> <br />Notification: <br /> <br />State statute requires notification of the public, hearing to owners, of property within 350 feet of <br />the subject property. Staff sent hearing notices to owners of property in excess of the 350 foot <br />requirement. <br /> <br />Observations: <br /> <br />The property is approximately 75 acres in size. The Comprehensive Plan amendment initiated <br />by Ramsey in 1993 and approved by Metro Council in 1995 puts the subject property in the <br />Metropolitan Urban Service Area (MUSA) for residential development with urban services. The <br />adjacent parcels to the north, east and west and on the south side of 153rd Avenue N.W. are also <br />in the MUSA and zoned rural residential. <br /> <br />The Applicants have provided a general development plan documenting their intent to develop <br />the property with single family urban lots in accordance with the new zoning classification and <br />comprehensive plan. Approval of the rezoning does not grant approval to the development plan. <br />The plat design including lot sizes, number of lots, tree preservation, street layouts, grading and <br />drainage plans, sewer/water/storm sewer plans, etc. are all subject to review and approval during <br />the platting process. <br /> <br />The following items are enclosed for your information: · Site location map <br /> · Map of MUSA expansion approved by Metro Council on January 12, 1995 <br /> · General development plan <br /> · Proposed Findings of Fact <br /> <br />At the time Apple Ridge and Alpine Estates were rezoned to facilitate development at urban <br />standards subsequent to being included in the MUSA, it was reported to the City Council by the <br />City Attorney and the legal fn'm of Kennedy and Graven that once a comprehensive plan has <br />been adopted, all cities must conform their land use regulations in accordance with the plan. In <br />addition, Minnesota Supreme Court case has established a precedent that it is arbitrary and <br />capricious for cities to refuse to adopt a zoning ordinance that implements its comprehensive <br />plan. These statements are applicable in this case also. <br /> <br /> <br />