01/26/2004 Council Packet - Laserfiche WebLink

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Rezoning, Lake Drive /Aqua Lane page 2 Section 6 of the 2003 zoning ordinance describes the intended land use categories that each residential zoning district should be in. The R -3 and R -4 zones are intended as follows: Subd. 5. R -3, Medium Density Residential District. C. Development Density. Land to be zoned R -3 must be in a Medium Density land use category according to the comprehensive plan, and development density within an R -3 District shall be within a range of three (3) to six (6) units per net acre and shall be based on the buildable area. Subd. 6. R -4, High Density Residential District. C. Development Density. Land to be zoned R -4 must be in a High Density land use category according to the comprehensive plan, and development density within an R -4 District shall be within a range of six (6) to twelve (12) units per acre and shall be based on the buildable area. As shown on the attached zoning map detail, the site is zoned R -4 High Density. This inconsistency should be resolved. Minnesota Statutes address such situations directly. Underlining is added to emphasize the relevant passages. 473.858 Comprehensive plans; local governmental units. Subdivision 1. No conflicting zoning, fiscal device, official control. Within three years following the receipt of the metropolitan system statement, every local governmental unit shall have prepared a comprehensive plan in accordance with sections 462.355, subdivision 4, 473.175, and 473.851 to 473.871 and the applicable planning statute and shall have submitted the plan to the Metropolitan Council for review pursuant to section 473.175. The provisions of sections 462.355, subdivision 4, 473.175, and 473.851 to 473.871 shall supersede the provisions of the applicable planning statute wherever a conflict may exist. If the comprehensive municipal plan is in conflict with the zoning ordinance, the zoning ordinance shall be brought into conformance with the plan by local government units in conjunction with the review and, if necessary, amendment of its comprehensive plan required under section 473.864, subdivision 2. After August 1, 1995, a local government unit shall not adopt any fiscal device or official control which is in conflict with its comprehensive plan, including any amendments to the plan, or which permits activity in conflict with metropolitan system plans,...