7.2 SR 06-01-2020 - Laserfiche WebLink

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• Keep current zoning in place until such time as the use terminates or redevelopment is initiated. • Rezone property to a zoning district compatible with a land use plan category. • Develop an interim strategy to address current use situations as they relate to long term objectives." Chapter 3: Using the Plan Implementation Pg. 16. The Comprehensive Plan also assists business owner, developers in acquiring property incardinating development plans with existing with future city infrastructure (Chapter 1: Pg. 2) The plan also considers market and demand, and as such the development community on redevelopment proposals must insure consistency with the plan and overall community vison. As a result, the City must also update the zoning ordinance to address inconsistencies and conflicts that may exist (Chapter 5: Land Use Pg. 4). It is also important to note that the plan addresses housing objectives specifically stating in the implementation to promote the redevelopment of existing vacant or under-utilized vacant property to include moderate to high residential housing. The Comprehensive Plan designated the land use for the Applicant's property, and as stated in the land use document the Applicant has applied and is conformity with the surrounding residential uses, neighborhood to the east, west, south and southeast. RELATION OF THE COMPREHENSIVE PLAN TO ZONING Once a City adopts a comprehensive plan as stated in the Elk River plan it means a mean of obtaining development goals as stated in the plan. Zoning provides a means for implementing the plan. The rational to conform zoning to the Comprehensive Use Plan was addressed in the case of Mendota Golf, LLP., v. City of Mendota Heights, 708 N.W.2d 162. Although the case centers around the Metropolitan Land Planning Act 473.858 it stresses the importance to resolve the zone which is in conflict with the plan. Case law supports zone change to conform to the Comprehensive Use Plan. It is understood that a rezone of property represents a legislative act and needs to have a rational basis relating to public health, safety, morals, or general welfare. This residential use will not endanger, injure, or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or genal welfare of the neighborhood or city. The rezone to mixed use allows residential use. The independent residential town houses at market rate allow new families and empty nesters to have a home. The private streets ensure safety of traffic for residents. There is no rational basis that a residential development properly planned as in this case impact any health, safety, morals or general welfare. With the global pandemic as stated in journals there will be a flight from the Cities, to suburbs and towns. It has turned the real estate market upside down with a new direction, and a need of independent housing versus high density grouping of apartments. It is important to note that the residential development will not have an impact for the orderly development and improvement of the 2.5 acres. The vacant parcel has been vacant since it has been zoned and the property can be developed. Although restricted by size according to the mixed -use zone including town houses, industrial uses and possible commercial uses, Planner's Report. 2350 WYCLIFF STREET - SUITE 200 e SAINT PAUL, MINNESOTA 55114 TELEPHONE 651-224-3781 FACSIMILE 651-223-8019 www.kellyandlemmons.com