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I I I I I I I I I I 'I I I I I I I I I CASE # REQUEST FOR EXPANSION OF METROPOLITAN URBAN SERVICE AREA; CASE OF DOLPHIN REAL ESTATE PARTNERSHIP By: Zoning Administrator Sylvia Frolik Background: On August 12, 1997, the City Council granted site plan approval to Dolphin Real Estate Partnership for the development of a Burger King restaurant in the northwest quadrant of the intersection of U.S. Hwy. #10 N.W. and Ramsey Blvd. N.W. The site is just outside of the Metropolitan Urban Service Area (MUSA) and development would occur with an on-site septic system and well. Observations: The City has received a letter from Gregory Dolphin of Dolphin Real Estate requesting that the City expand the MUSA boundary to include the Burger King site in order that the development can proceed with sanitary sewer and municipal water services. Mr. Dolphin states in the letter of request that septic systems for fast food restaurants are problematic and costly to maintain. To expand the MUSA boundary to include the 3 acre Burger King site would be a minor comprehensive plan amendment. In accordance with the City Charter, initiation of a MUSA boundary modification requires a 4/5 vote of the City Council. If approved, the amendment would be forwarded to the Planning Commission for a recommendation. That recommendation will be presented to City Council for formal action and if approved, the comprehensive plan amendment would be forwarded to Metro Council for approval. The following items are enclosed for your information: a) Excerpt of City Map identifying the current MUSA Boundary and the Burger King Parcel b) Letter of request from Gregory Dolphin dated May 5, 1998 Recommendation: Council action on this request for a MUSA boundary modification is contingent upon Council's action in an earlier case on this evening's agenda regarding the Charter amendment calling for public referendums on modifications to the MUSA boundary. Depending on the outcome, Council may have the option to direct the Planning Commission to conduct a public hearing and formulate a recommendation regarding the request for a MUSA boundary modification.