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• • AGENDA ITEM 7 D STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: February 12, 2001 TOPIC: • FIRST READING: Ordinance 01 -01 Rezoning Lot 13 Block 2 Sunset Oaks to R -1 • FIRST READING: Ordinance 02 -01 Amending Comprehensive Plan to Allocate 2.55 Acres of MUSA Reserve • Resolution 01 -06 Approving Preliminary Plat Behm's Farm Park Addition ACTION REQUIRED: BACKGROUND 4/5 vote for rezoning ordinance 4/5 vote for MUSA ordinance 3/5 for preliminary plat resolution The applicant, Century Farms Development, has applied for a rezoning, an allocation of MUSA reserve acres, and a preliminary plat. The site is within the existing Behm's Park on the southwest corner of Mustang Lane and Palomino Lane. Behm's Park currently includes approximately 8.6 acres. The park area includes Lots 13, 14, 15, and 16, Block 2, Sunset Oaks. The City acquired these four lots for park purposes via warranty deed in December 1985 to fulfill park dedication for Sunset Oaks. The City rezoned Lots 14, 15, and 16 to R -1 in 1994 (Ordinance 15 -94). Lot 13, the southern portion of the park, was not included in the rezoning action. This likely was an oversight. In 1997, the City received approval from the Metropolitan Council to allow the City to use part of its MUSA reserve for the Behm's Century Farms development. The approved submittal map included Lots 14, 15, and 16, but did not include Lot 13. That is, the southern part of Behm's Park was not included in the area where MUSA can be applied. Again, probably an oversight. In 1999, the City Council authorized selling 2.55 acres of the park to G. M. Development for $75,000, which was to include grading improvements to the park (Ordinance 16 -99 and Resolution 99 -50). The intent was to allow for the creation of nine house lots. Proceeds of the sale of this land would be used to develop the park. However, there was no guarantee in the purchase agreement that the City would approve rezoning or development of the 2.55 acres.