5. SR 04-10-1995 - Laserfiche WebLink

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LARKIN, HOPFMAN, DALY R LINDGR~IV, LTD. • IS00 NotweetAFinanc~ul Ce~o r 7400 Xences Avenue South t3loo n, Miuoeaoh. 55431 Telone: (632)) 833-3800 FAX: (612) 8963333 TO: Mayor Henry A. Duitaman Members of the City Council FROM: Peter K. Beck, City Attorney DATE: April 6, 1995 ~: PUD Zoning Requirements • Pat has asked that, in lieu of attending the April 10, 1995 City Council meeting, I put down in writing a brief discussion of the legal issues involved in determining the appropriate application requirements for PUD zoning. Under Minnesota law, rezoning a property on the Cityta zoning map or changing the land use of a property on the Cityta land use map are legislative actions of the City Council. The Minnesota courts have held that City Councils are entitled to wide discretion with respect to such legislative actions. Only under the most extreme circumstances will. the courts interfere with or reverse a legislative decision of the City Council on a zoning or land use matter. Conditional use permits, on the other hand, are administrative actions of the City Council. The courts have generally held that cities must establish standards for the issuance of a conditional use permit and can only deny a conditional use permit if there is a factual basis for determining that a legally sufficient standard has not been met. The courts generally have considered it their prerogative to determine whether a factual basis exists for denying a conditional use permit. City councils have much less discretion in making such deCerasinationa as they do in making a rezoning decision. Under the Blk River Zoning Ordinance, once a property is zoned PUD, PUD plane are approved by conditional use permit. A conditional use permit for a PUD can only be denied by the Council if there is a factual basis for determining that one of the standards set forth in the Zoning Ordinance for the issuance of a conditional use permit has not been met. Therefore, a property zoned PUD can be developed for any use allowed by the Comprehensive Plan designation for the property, if the developer •