08-15-2005 CC MIN - Laserfiche WebLink

Home Browse Search

City Council Minutes Page 4 August 15, 2005 ----------------------------- Councilmember Farber concurred with the Council but questioned what would happen to the preliminary plat if the land use designation is not changed. City Attorney Peter Beck stated the Council would still be required to act on the preliminary plat request because the golf course is zoned residential. He stated that according to current case law, for areas outside the metropolitan area, the Comprehensive Plan is an advisory plan and the current zoning of the property has the force of the law. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 05-92 DENYING AN AMENDMENT TO THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM OS (OPEN SPACE) TO UR (URBAN RESIDENTIAL), CASE NO. LU 05-04 BASED ON THE FOLLOWING FINDINGS: 1.THE OS LAND USE DESIGNATION IS CONSISTENT WITH THE R1C ZONING DISTRICT IN THAT THE GOLF COURSE IS AN OPEN SPACE LAND USE AND IS ALLOWED AS A CONDITIONAL USE IN THE R1C ZONING DISTRICT. 2.THE OS LAND USE IS CONSISTENT WITH THE CURRENT USE OF THE PROPERTY. THE APPLICANT HAS NOT PRESENTED INFORMATION TO SHOW THAT THE OS LAND USE IS NOT APPROPRIATE FOR THIS PARCEL. 3. THE APPLICANT DID NOT SHOW EVIDENCE THE GOLF COURSE WAS NOT ECONOMICALLY VIABLE. MOTION CARRIED 5-0. 6.2. Request by L& M Development for Preliminary Plat (Pinewood Estates 2 Addition), nd Public Hearing-Case No. P 05-13 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker described the proposed preliminary plat for Pinewood Estates 2 Addition and reviewed the lots, streets, nd landscaping, and the Parks and Recreation Commission’s recommendations. He stated Sherburne County is denying access to Lot 22 from County Road 30 and therefore it should be an outlot. He further stated that staff recommends the cul-de-sac as Street B should have right-of-way platted to County Road 30. Mr. Harlicker stated that Lots 6, 7, and 8 do not meet the lot depth requirements. He stated the Planning Commission and staff recommend that Lots 12-21 of Block 3 be 20,000 sq. ft. in order to be a transition and to be more compatible with the existing neighborhood. (which are 20-25,000 sq. ft.). He stated the applicant has submitted a concept sketch that addressed the three lots that do not meet the minimum lot depth but have not addressed the other recommendations made by staff or the Planning Commission as noted above. Mayor Klinzing opened the public hearing. Andrew Brown, 18260 Yankton Street-Stated he is also speaking on behalf of Bruce and Jan Anderson, 18261 Yankton Street who are opposed. He stated he is opposed to the preliminary plat. He submitted a petition to the city with 358 signatures and distributed