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6 DOCSOPEN\LA515\117\949622.v2-4/26/24 WATER APPROPRIATIONS: Staff acknowledge concerns regarding water appropriations. The City does have the ability to approve or deny requests for comprehensive plan amendments but must make findings which consider the goals and vision of the 2040 Comprehensive Plan. The impacts of the proposed development on this site are not specifically known at this time. Those impacts could be reviewed with greater detail at the time of an EAW. The City’s “premature subdivision” ordinance is found in LEC 103.00.025, however, since the Applicant is not proposing a subdivision, that section does not provide guidance on the findings relevant to a denial of a comprehensive plan amendment. The City Attorney has advised that the City treat developments consistently concerning the water issue. PUBLIC COMMENT: Affected Jurisdictions: As required with Comprehensive Plan Amendments, the City provided adjacent and affected jurisdictions with an opportunity, beginning on November 8, 2023 to provide a comment on the request. The following adjacent and affected jurisdictions were identified, with comments summarized: • Woodbury – Noted No Comments • Mn DOT – Noted No Comments • Mn DNR – No Comments Received • West Lakeland Township – No Comments Received • Valley Branch Watershed District – Recommendation not to approve Comprehensive Plan Amendment, and to consider more vertical development to meet the required density range. This is due to anticipated adverse impacts of impervious surfaces on ground and surface water resources. Public Hearing: A public hearing notice has been mailed to surrounding properties and posted in the City’s newspaper of record. One written comment was received at the time of writing and is appended to the report. The Planning Commission held the public hearing at its regular meeting on April 22, 2024. Two residents spoke in favor of denial during the hearing. RECOMMENDATION: Comprehensive Plan Amendments require a two-thirds vote of the City Council to be approved. Two-thirds of a five member City Council is four members voting in favor of the amendment. However, pursuant to Minnesota State Statute 462.355, amendments that would permit affordable housing only require a simple majority, or 3/5 vote. The City Council should discuss the request and make a decision supported by findings of fact. Approval or denial must be provided by May 31, 2024. Planning Commission Discussion At its regular meeting on April 22, 2024, The City’s Planning Commission reviewed the item, held the public hearing, and discussed the proposed Comprehensive Plan Amendment. The Planning Commission also received a presentation from the Applicant. The Planning Commission discussed challenges relating to development within the shoreland overlay. Ultimately, the