Agenda - Planning Commission - 05/06/1997

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On April 8, the City Attorney and consulting attorneys reported to City Council that the Comprehensive Plan Amendment that expanded the MUSA was properly adopted by the City. It was also reported to Council that municipalities are obligated to amend their zoning maps to coincide with Comprehensive Plans and cities have until December 31, 1997 to do so. A Minnesota Supreme Court case has established a precedent that it is arbitrary and capricious for cities to refuse to adopt a zoning ordinance that implements its comprehensive plan. On April 22, residents raised the issue of whether or not the Comprehensive Plan Amendment of 1995 to expand the MUSA included all of that property proposed to be platted as Apple Ridge. The City Attorney was directed to research this issue and report back to Council on May 27. The following items are enclosed for your inforn~ation: a) Site location map b) Proposed plat c) Proposed Findings of Fact d) Proposed Ordinance Recommendation: City Staff'recommends approval of the request for rezoning contingent upon a conclusion that all of the subject property was included in the 1995 MUSA expansion. Commission Action: Motion to recommend that City Council adopt Resolution #97-05-_ adopting Findings of Fact #_ relating to a request to rezone certain property from R-1 Rural Residential to R-1 Urban Residential. -and- Motion to reconmlend that City Council approve/deny Jacob Barthold's request to rezone certain property to R-1 Urban Residential contingent upon a positive conclusion with regard to the MUSA boundary. Reviewed by: City Administrator City Attorney PC: 05/06/97 q~ i I I I I I I I I I' I I I I I I ! ! i