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Meeting Date GEVOA SECTION T E xvi REQUEST FOR COUNCIL ACTION June 4, 1991 i PLANNING/LAND USE & ZONING Rezoning from Rural Residential to R1 NQ: 7 A 0RIGiNATIr4C- DEPARTMENT: BY: APPROVED FCR AGENDA BY: The Planning Commission held a public hearing on this Council initiated rezoning at its May 1, 1991 meeting: One resident, Jimm Burns, 11140 20th St. Court stated that he had been contacted by a Planning Commission member (Ann Bucheck) wro told him that there had been a mistake on the Future Land Use Map; that this property should he platted as RE, and that the property owner. should not get the benefit of a mistake. Staff pointed out that the Planning Commission had held a public hearing for a Coma Plan amendment to designat-. this -land. as RED, but the recommendation of the Commission, and the suhseauent action of the council deened this property to remain elqible for Rl development. The City also received a letter from Don Durand., whose mother owns the property adjacent to the Adkins, stating that there is a dispute over 4 acres of land (both the Durand.s and Adkins lay claim to the property). However, the leaal-descriation Drovirled by the Adkins, anr' verified with Washington County indicate the oropert-T belonas to the Adkins. The Durands say this same 4 acres shows uD on their legal description, but staff has not been able to verify this. Our attorney will have to give us an opinion on how this is handled, but that aside, the Planning Commission recommended, on a ';-1-2 vote, that the property be rezoned from RR to R1, based on the following Findings of Fact. Findings of Fact: 1. The Lake Elmo City Council initiated this zoning code amendments. 2. The proposed zoning code amendment conforms to the 1990 Comp Plan. 3. The Soil type description, as shown in the Washington County Soil Survey are 155D, 49B, 302C, & 155B, are attached. A very preliminary review of these soils indicate that most of this land is suitable for development. 4. The property owner would have to prove that the land is suitable for development and meet all the conditions set for in the Lake Elmo platting ordinance, and must receive approval from the VBWD.