Minutes - 2002/07/08 - Laserfiche WebLink

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Mounds View City Council July 8, 2002 Regular Meeting Page 5 Director Ericson indicated the Planning Commission took into consideration the zoning and the surrounding neighborhood as well as looking at the Comprehensive Plan while making their recommendation. Director Ericson commented that any development would have an impact to the neighborhood, even single-family homes but the request for 66 townhomes would be a significant impact. Director Ericson indicated the Planning Commission had looked at the City's land use plan and the property has three designations, medium density residential, low-density residential, and open space natural. Director Ericson indicated that Staff had made the assertion that impact is inevitable and said that Staff did not feel that it would be inappropriate to approve townhomes for the Lots fronting H2 given that it is not inconsistent with the Comprehensive Plan and there is high density use across the street. Staff also took into consideration that H2 will be reconstructed. He then said that he would not say that is Staff's recommendation but that was Staff's assessment. Director Ericson indicated there has been discussion about legal standing and whether this application should be considered. He then said there are six townhome owners on H2 and one townhome owner who may speak to this issue has brought up to the Commission that a letter was drafted in 1998 by the City Attorney in response to a rezoning request that states that any rezoning of the property needs to be signed off on by those six existing townhome owners. He further indicated that letter was drafted m response to a rezone of all the land wrthm the Red Oaks subdivision and this request is a rezoning request for the 66 individual lots, not including the common area. Director Ericson indicated it is a subtle difference but in the eyes of the law the letter does not apply to this rezoning request. Director Ericson indicated there had been a lot of discussion regarding wetlands on the site and indicated that, should a rezoning be approved there are many requirements that the developer would need to meet prior to the issuance of a building permit. Director Ericson indicated residents have been attending meetings and Staff appreciates the turnout. Director Ericson indicated Staff had provided four options for Council consideration. The first is to deny the rezoning in whole. The second option is direct Staff to draft an Ordinance that would approve the 66-lot rezoning including the common space and open areas. The third is to deny the rezoning for those lots fronting on Greenwood Drive and approve those fronting on H2, including Lot 74 which includes a portion of the common space. The fourth option would be to table the rezoning for further information. •