HomeMy WebLinkAbout5.a. Land Use Discussion �
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Agenda I tem 5a
TOt Mayor, City Council, City Admini$trator
FROM: De�n Johnson, Director of Comm nity Development
DATE: March 16, 1989
SUBJ: Land Use Discussion - Agenda Ite 5a
At the March 7, 1989 Re�ular Meeting the City Cauncit formally directed staff to
ou[line the process required ta reverse t e designation of "urban residential" to
"rural residential" on the Kelley Trust p o�erty. That rnotion was amendeci to
include a discussion on the tegal implications of such a change regarding
downzoning and changes in the Cocn�rehen ive Guide Plan.
'�'he Kelley Trust owns approximatety 40t1 acres in Section 19 (the fortner Birger
farmj and approximately 150 acres in Se tinn 2tl (the former Daly farm), The
majoxity of [he Bixger farm is zoned R-1 Sin�le Fami}y Residential. A small
porti�n (now the site of the elementary sc ool/city park) was zoned RM Multiple
Residential. Approximately 9� acres in th northwest corner af the Birger farm is
zoned AG Agriculture. The Daly farm is z ned Agriculture.
The 1990 Land Use Plan designates all of the Birger farm (except park and open
space) as medium density residentiaL T e 2000 Land Use Plan clesignates the
Daly f�rm with the same medium density esidential designation. It is the intent
of [he sta[e enabling legislation that tan use plans be consistent with zoning
ordinances. Because lang range plans oft n designate land uses that are staged
and may not reflect underlying zoning, the Minnesota Supreme Court has held
that where any discrepancies may exist the oning designaUon prevails.
The process necessary to consider the change from "urban residential" to "rural
residential" on the Birger farm is an ame dment to the Zoning Ordinance. The
amendment would be required to change t e current zoning from R-1 to RR. An
amendment to the Zoning Ordinance may b initiated by the Planning Commission,
the City Council or by petition of the landowner for which the rezoning is
requested. Amendments to the Zoning Or inance require approval by twa-thirds
vote of the City Council. If a zoning hange was successful the City would
initiate a ckange in the guide plan for consi tency between the two documents.
The Iegal implications �f a chan�e in either the guide plan or xoning ordin�ince
depcnd upon the impact of the particular landowner involved. In this casc, we
are referring tt� the chan�e in the value of prnperty awned by the Kelley Trust.
If the Kelley Trust was opposed to the d wn zoning of their property and filed
suit against the City, lhe U.S. Supreme Co rt has held that che City is Qbligaled
to pay damages for the taking of prope ty (the f,�ss of a higher use of che
property.)
Recent actions of the City Council may s ed some light an the interests of the
Kelley Trust. The City Council unanimaus y passed a resalution in suQporl �f lhe
elementary schoot to be located on the Keltey site. Ln pursuit of a joint
schbol/ciEy park, lhe City Council unanim usty approved an agreement with the
Kelley Trust for park contribution. The partici�ation and cooperation by the
Keiley Trust with the school district and c ly has been predicated on their slated
belief that the joint school/park will enhance their investment in the property.
�
Land Use niscussi
, Ageada Item 5a -_
We are aware tha[ the Kelley Trus has been negotiating with Meritor
Development Corporation for se��eral m nths. On Tuesday, March 14, 1989, I
spake with Tim Dwyer, legal representati e to the Kelley Trust. He informed me
he has also spoken with Sienna Corporaii n and U.S. Home Corporation about the
sale of tbe Kelley property. I asked Mr. Dwyer if he would consider discussions
on the potential rezoning of the northerl portion of the Kelley property from R-
1 to RR. He said, "We're not interest d. You would initiate a lawsuit you
couldn't win. You can quote me on that."
There is a simple process to consider the change in existing zoning. There would .
apgear to be sorne serious financial repercussions i f the change were initiated itt
this specific instance.
J