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designation. The Met Council Attorney did respond in a letter, which the City Attorney <br />reviewed. Mr. Goodrich explained that there are other cities using the conditional rezoning and <br />it seems that the courts position has been that conditional rezoning is appropriate, but it has not <br />been tested. Legal writers are stating that conditional rezoning is a modem trend and if it is done <br />properly it should be a success. He recommended that the Council move forward with the <br />ordinance, which would require a public hearing in front of the Planning Commission, and then <br />the ordinance would come before the Council for final action. <br /> <br />Councilmember Zimmerman stated that they are dealing with two issues, one having to do with a <br />change to the comprehensive plan and another dealing with someone requesting a rezoning. <br /> <br />City Attorney Goodrich stated that the Council has expressed in the past that if there is a tract of <br />land that is zoned commercial with a broad range of permitted uses they would like to know what <br />will be placed on the property and, if the Council agrees, the City and the developer would enter <br />into a conditional rezoning contract. If the developer were to decide to build something different <br />for the site the zoning would not be valid. In regards to a conditional comprehensive plan <br />designation a property owner could request a land use change to something such as mixed use, <br />which provides for many different uses. The City would enter into a contract to allow for a <br />particular use permitted within the mixed-use designation, which would give the City leverage if <br />the developer would change what they were going to place on the property. <br /> <br />Councihnember Kurak inquired as to how the two issues fit together. <br /> <br />City Attorney Goodrich explained that if the comprehensive plan designates a parcel of land a <br />specific use then the City is obligated to change the zoning to comply with the land use <br />designation. <br /> <br />PrincipaI Planner Trudgeon explained that if the Council is willing to rezone a piece of property <br />to industrial, then the land use designation has to be changed as well. Typically the land use <br />should be changed prior to the rezoning. <br /> <br />Councilmember Anderson stated that they will need to establish some language regarding the <br />new principle within the comprehensive plan. <br /> <br />City Attorney Goodrich replied that the City does not need to establish the procedure within the <br />comprehensive plan because it is a planning document. <br /> <br />Councilmember Kurak inquired if the Council were to agree to a conditional comprehensive plan <br />designation and the Met Council approves the change, if the developer does not proceed with the <br />development as proposed, will the Met Council agree with changing the land use back to its <br />previous designation. <br /> <br />Councilmember Hendriksen replied that that is the problem, especially since all the Met Council <br />wants to see is housing. <br /> <br />City Council/September 24, 2002 <br /> Page 2 of 6 <br /> <br /> <br />