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Apr-11-97 09 :49A Howard Sheldon 1-714-779-6612 p_O2 • REQUEST FOR PLANNING COMNIISSION ACTION Meeting Date: April 16, 1997 Staff Report by: Pamela Sheldon, Community Development Director Planning Case No.: 471-97 Request: Comprehensive Plan amendment from medium density residential to mixed use PUD allowing commercial and office uses, and rezoning from B-1 and R-2 to PUD to allow development of a 16- screen movie theater and three 11,000 square foot office buildings. Petitioner: Anthony Properties Management, Inc. Location: 2430 Highway 10 Bounded by Highway 10, Long Lake Road, and County Road H2 PIN No. 083023230003 Zoning/Land Use: B-I and R-2; existing land use is vacant, with woods and wetland • Applicable Regulations: Comprehensive Plan: In 1996, the State Legislature enacted the Metropolitan Land Use PIanning Act which requires that all local units of government within the Metropolitan Area prepare a comprehensive plan. According to Section 401.09 of the Municipal Code, the City has adopted the Comprehensive Plan for the City of Mounds View, dated 1979, as its plan for future development and growth within the City. This section does not state a procedure for amendment, although four different attempts to update the Comprehensive Plan have been undertaken. According to State law, the planning agency - -'.. .- - . •• • - • .1 1 'ng agency is •e n=. as either the planning commission which may be provided with staff, or a planning department with a planning commission advisory to it. Section 401.04 of the Municipal Code states that the Planning Commission shall be the City planning agency as authorized by the Minnesota State Statutes and the City Charter. It appears that it has been the City's practice to have the Planning Commission recommend and the City Council adopt comprehensive plan amendments. Rezoning: The Planning Commission shall evaluate the possible adverse effects of a rezoning request based upon (but not limited to) the following factors (Section 1125.01 Subd. 1.e.): • (1) Relationship to the Comprehensive Plan. (2) The geographical area involved. (3) Whether such use will tend to actually depreciate the area in which it is proposed.