Agenda - Council - 05/27/1997 - Laserfiche WebLink

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The Park Commission has recommended that park dedication consist of a cash payment which w/fl be utilized to acquire property for a district park. Certain residents are of the opinion that not ail of the subject property is in the Metropolitan Urban Service Area (MUSA). City Staff is of the opinion that the entirety of the property is in the M-USA and City Council has directed the City Attorney to review this issue and report back to City Council on May 27. In addition, residents have also raised the issue that perhaps the subject property was never properly rezoned to R-1 Urban Residential following its inclusion in the MUSA in the last comprehensive plan amendment. Accordingly, the Developer has initiated a rezoning application. Subsequent to receiving the application, a legal opinion has been offered to City Council that confirms that a rezoning is necessary. As a matter of fact, the Minnesota Supreme Court has established a precedence that to not bring zoning into compliance with the Comprehensive Plan is arbitrary and capricious. Cities must bring their zoning into compliance with comprehensive plans no later than December 31, 1998. The Planning Commission conducted the public hearing on April 1 regarding the preliminary plat and recommended approval of same contingent upon correcting the zoning. Recommendation: Although the plat is subject to the 30 day moratorium on subdivision and platting, the subject of the moratorium and extensions to it is on Council's agenda this evening for discussion and possible action. Good Value's request for preliminary plat has been in process for quite some time (March 11) and depending on the outcome of the moratorium discussion, it may be possible for Council to give Good Value some kind of answer to the Apple Ridge plat - yes, no, table. For that reason, Staffhas placed the preliminary plat request on th.is agenda. The Planning Commission and City Staff recommend preliminary plat approval contingent upon compliance with City Staff review letter dated March 26, 1997, rezoning to R-1 Urban Residential, a positive report from the City Attorney on the alignment of the MUSA boundary, and the Developer constructing turn lanes on T.H. #47. Motion to: Approve/deny the preliminary plat of Apple Ridge contingent upon compliance with City Staff Review Letter dated March 26, 1997 and responses to the zoning, MUSA boundary and platting moratorium that facilitate the plat. Review Checklist: City Administrator City Engineer City Attorney CC: 5/27/97 I I I I I i I I I I I I i I I