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<br />Mr. Johnson stated they needed to go back and fix the problem instead of changing the Comp Plan <br />to please the developers. <br /> <br />Councilmember Howell asked if they are required to change the Comp Plan to accommodate a <br />development. <br /> <br />City Attorney Knaak replied no. <br /> <br />Councilmember Howell asked if it is correct that the Comprehensive Plan had to be changed so it <br />would match the zoning that was set for that area. But they weren’t required to change the Comp <br />Plan. <br /> <br />City Attorney Knaak replied that is a separate question because the zoning is supposed to conform <br />to the Comprehensive Plan, if the Comp Plan is changed, the zoning has to be modified to be in <br />conformity with it. <br /> <br />Councilmember Howell asked if the Council was legally obligated to make the changes or could <br />they have voted to not make them. <br /> <br />City Attorney Knaak replied at some point the two would have to conform and the higher level is <br />the Comprehensive Plan. <br /> <br />Councilmember Howell asked if there was a timeframe required. <br /> <br />City Attorney Knaak replied he believed it was within a reasonable period of time, noting the City <br />can be sued for not conforming. <br /> <br />Councilmember Howell asked if they could be sued by this developer for not conforming. <br /> <br />City Attorney Knaak replied he didn’t want to speculate. <br /> <br />Councilmember Riley stated his understanding of why they needed to have this new area of the <br />Comp Plan is because of the wetlands in this area; the density developed would be below what the <br />Comp Plan and Met Council calls for. <br /> <br />Deputy City Administrator/Community Dev. Director Hagen replied there are several factors that <br />play into the net density calculations. Certain areas can be omitted from the overall project. What <br />the developers have presented and been approved for Preliminary Plat meets straight zoning <br />guidelines. Once they put their plans together, the net density was calculated and falls below the <br />three to four units per acre required per the Comp Plan. Right now, the Comp Plan and zoning <br />don’t match the best, which is a process that needs to be gone through. Ideally, if a developer <br />comes in it can meet the Plan but in this case, it couldn’t after all those factors were considered. <br />The tool is to create this very specific area known as the Trott Brook Planning Area and <br />implementing this less than three units per acre on City services. <br /> <br />City Council / February 22, 2022 <br />Page 12 of 34 <br /> <br />