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MEMORANDUM <br /> LARKIN,HOFFMAN,DALY& LINDGREN, LTD. <br /> • Attorneys at Law <br /> 1500 Norwest Financial Center <br /> 7900 Xerxes Avenue South <br /> • <br /> Bloomington, Minnesota 55431 <br /> Telephone: (612)896-3333 <br /> TO: Mayor Henry A. Duitsman FAX: (612;8963333 <br /> Members of the City Council <br /> FROM: Peter K. Beck, City Attorney <br /> DATE: April 6, 1995 <br /> RE: PUD Zoning Requirements <br /> Pat has asked that, in lieu of attending the April 10, 1995 City <br /> Council meeting, i put down in writing a brief discussion of the <br /> legal issues involved in determining the appropriate application . <br /> requirements for PUD zoning. <br /> Under Minnesota law, rezoning a property on the City' s zoning map <br /> or changing the land use of a property on the City' s land use map <br /> are legislative actions of the City Council . The Minnesota <br /> courts have held that City Councils are entitled to wide <br /> 411 discretion with respect to such legislative actions . Only under <br /> the most extreme circumstances will the courts interfere with or <br /> reverse a legislative decision of the City Council on a zoning or <br /> land use matter. <br /> Conditional use permits, on the other hand, are administrative <br /> actions of the City Council . The courts have generally held that <br /> cities must establish standards for the issuance of a conditional <br /> use permit and can only deny a conditional use permit if there is <br /> a factual basis for determining that a legally sufficient <br /> standard has not been met . The courts generally have considered <br /> it their prerogative to determine whether a factual basis exists <br /> for denying a conditional use permit. City councils have much <br /> less discretion in making such determinations as they do in <br /> making a rezoning decision. <br /> Under the Elk River Zoning Ordinance, once a property is zoned <br /> PUD, PUD plans are approved by conditional use permit . A <br /> conditional use permit for a PUD can only be denied by the <br /> Council if there is a factual basis for determining that one of <br /> the standards set forth in the Zoning Ordinance for the issuance <br /> of a conditional use permit has not been met . Therefore, a <br /> property zoned PUD can be developed for any use allowed by the <br /> Comprehensive Plan designation for the property, if the developer <br /> 410 <br />