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<br />Pinewood Estates Second Addition/P 05-13 <br />August 15, 2005 <br /> <br />Page 6 <br /> <br />Recommendation <br /> <br />Land Use Amendment <br /> <br />The Planning Commission recommended that the City Council deny the Land Use Plan <br />amendment to change the land use designation from OS to UR based on the following <br />fIndings: <br /> <br />· The OS land use designation is consistent with the R1c zoning district in that the <br />golf courses is an open space land use and is allowed as a conditional use in the R1c <br />zoning district. <br /> <br />· The OS land use is consistent with the current use of the property. The applicant has <br />not presented information to show that the OS land use is not appropriate for this <br />parcel. <br /> <br />Should the Council decide to approve the Land Use Plan amendment to change the land use <br />designation from OS to UR, staff offers the following fIndings to support that decision: <br /> <br />1. The proposed land use designation is consistent with the current zoning of the <br />property. <br />2. Conditions have changed to warrant a change in the use; it is not economically <br />feasible to continue to use the land as a private golf course. <br />3. The proposed land use is consistent with the proposed use of the property. <br />4. The proposed land use is compatible with adjacent land use designations. <br /> <br />The City Council should note that case fIles supports the position that in communities <br />outside the seven county metro area, it is not mandated that the land use plan be consistent <br />with the zoning and that the zoning designation has the force of law. <br /> <br />Preliminary Plat <br /> <br />The Planning Commission and staff recommend that the City Council approve the <br />preliminary plat for Pinewoods Estates 2nd Addition with the following conditions: <br /> <br />I. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED <br />OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL <br />PRIOR TO RELEASING THE PLAT FOR RECORDING. <br /> <br />2. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND <br />EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. <br /> <br />3. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT <br />REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO <br />RELEASING THE PLAT FOR RECORDING. <br /> <br />S:\pLANNING\Case Files\2005\P 05-13 Pinewood Estates 2nd\P05-13CC8-15.doc <br />