Minutes - Council - 05/27/1997 - Laserfiche WebLink

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Mayor Gamec recessed the regular City Council meeting at 9:18 p.m. Mayor Gamec called the regular portion of the City Council meeting back to order at 9:29 p.m. Case #11: Request to Rezone Certain Property from R-1 Rural Residential to R-1 Urban Residential; Case of K.C. Land Company Zoning Administrator Frolik stated that K.C. Land Company is requesting a rezoning of property located north of 153rd Avenue NW and west of Sunfish Lake Boulevard NW, proposed to be platted as Alpine Estates. The rezoning would facilitate the development of single family urban lots on the 21 acres. At the time Council reviewed the preliminary plat for Alpine Estates, certain residents raised the following issues: a) Was the MUSA expansion initiated in 1993, and approved in 1995, properly adopted; and b) Does the City have to formally rezone property from rural to urban when it is brought into the MUSA? The City Attorney responded to these issues and advised the following: The Comprehensive Plan Amendment expanding the MUSA to include the subject property was properly adopted by the City. It was reported to the Council that municipalities are obligated to amend their zoning maps to coincide with Comprehensive Plans and cities have no longer than December 31, 1998, 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. The Planning Commission is recommending that Council adopt the zoning ordinance without conditions. Motion by Councilmember Haas Steffen and seconded by Councilmember Beahen to adopt Resolution #97-05-133 adopting Findings of Fact #0427 relating to a request from K.C. Land Company to rezone certain property from R-1 Rural Residential to R-1 Urban Residential. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Haas Steffen, Beahen, Beyer, and Zimmerman. Voting No: None. Motion by Councilmember Haas Steffen and seconded by Councilmember Beahen to approve the request from K.C Land Company and introduce an ordinance to rezone the proposed plat of Alpine Estates to R-1 Urban Residential. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Haas Steffen, Beahen, Beyer and Zimmerman. Voting No: None. Case #12: Request for Final Plat Approval of Alpine Estates; Case of K.C. Land Company Zoning Administrator Frolik stated that Chuck Lund of K.C. Land Company is requesting final plat approval of Alpine Estates. The property is located in the northwest quadrant of the intersection of County Road #57 and 153rd Avenue NW. The proposed final plat for a maximum of 38 lots is in conformance with the approved preliminary plat. The plat will be served by two accesses from 153rd Avenue and none of the lots will have direct access onto 153rd. The westernmost cul-de-sac exceeds the 600 foot maximum length by approximately 30 feet. Staff is recommending deviating from the maximum in the interest of restricting direct City Council/May 27, 1997 Page 13 of 22