Minutes - Council - 09/26/2006 - Laserfiche WebLink

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would have to run this in front of the Council and take the risk of being denied because that was not feasible at the time. Now they are being told they did not give due process and that the developer is owed a hardship case because they acquired the property. He also takes contest with the fact that the Council is not necessarily saying this is an exceptional project. Part of the language in the moratorium is that the Council is not sure what is an exceptional or an acceptable project, and they are trying to determine that with the criteria of the moratorium. This was not an exceptional project because it was denied. Now the developer has come forward with something that may enhance the project, which he looks forward to seeing, but the Council has not completed the work to determine if this project is exceptional. Motion by Councilmember Elvig, seconded by Councilmember Strommen, to adopt Resolution #06-09-308 adopting Findings of Fact #0778 relating to a request from Ron Tallman for an exception to the development moratorium in the R -1: Rural Developing District. Motion carried. V oting Yes: Mayor Gamec, Councilmembers Elvig, Strommen, and Jeffrey. V oting No: Councilmembers Cook, Olson, and Pearson. Further discussion: Councilmember Elvig stated it looks like this will be a good project and one they will want in the City. He is sympathetic to that, but they have about three months of work to do, and then they can release things like this. This is just a timing issue, not necessarily what is good and bad. Mayor Gamec stressed the need to include the cluster ordinance on a work session soon. Community Development Director Trudgeon indicated staff is prepared to discuss the topic once time can be scheduled on an agenda. Motion by Councilmember Elvig, seconded by Councilmember Jeffrey, to adopt Resolution #06- 09-309 to deny the request for an exception to the development moratorium with item no. 1 amended as follows: That the City Council finds thef no undue hardship resulting from strict compliance with City Ordinance #06-07. Motion carried. V oting Yes: Mayor Gamec, Councilmembers Elvig, Jeffrey, and Strommen. Voting No: Councilmembers Cook, Olson, and Pearson. Case #8: Request for Comprehensive Plan Amendment; Case of MN Skyline Partners, LLC Community Development Director Trudgeon indicated Case Nos. 8, 9 and 10 are all related and will be discussed together. Case No.8 relates to MN Skyline Partners, LLC's application for an amendment to the 2001 Comprehensive Plan. The request is to change the land use designation from Low Density Residential to Medium Density Residential. The property is located to the west of Nowthen Boulevard (CSAH 5) and to the north of 1515t Lane. The amendment to the Comprehensive Plan, coupled with a rezoning and subdivision request, would allow the applicant to develop the property with townhomes and bungalow homes. Mr. Trudgeon explained the applicant is proposing to develop a mix of attached and detached townhomes on this property, for a total of 51 units on about 11 acres. The proposed net density is 4.6 units per acre, and to move forward as proposed, the applicant must receive a Comprehensive Plan Amendment to re- guide this area Medium Density Residential. The property located on the southernmost part of City Council / September 26, 2006 Page 14 of 39