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3.3. SR 12-11-2006 City of Elk River REQUEST FOR CITY COUNCIL ACTION Agenda Section Meeting Date Plannin Items December 11, 2006 Item Description Resolution for approval of comprehensive plan regarding extension of urban services bound Item Number 3.3.* Prepared by erem Barnhart, Plannin Reviewed by Scott Clark, Community Development Director Attachments . Request for Action . Resolution Overview At its meeting on December 4th, 2006, the City Council approved the land use amendment request by Elk River Holdings (Ed Dulack), extending the urban services district. The attached resolution for signature by the Mayor and City Clerk affirms the motion of approval given that evening, including the direction to change back the urban service boundary should the City and the developer be unable to come to an agreement of a Planned Unit Development and Conditional Use Permit by March 1, 2007. The resolution has been reviewed by the City Attorney. Staff recommends approval. Respectfully submitted City Council Action Motion by _ Second by _ Vote Follow Up CITY OF ELK RIVER RESOLUTION NO. 06 -129 A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM RURAL RESIDENTIAL TO URBAN RESIDENTIAL Case No. LU 06-01 WHEREAS, Minnesota Statutes, Chapter 462.355, Subdivision 2, prescribes the procedure for amending the Comprehensive Plan, and WHEREAS, The City has received an application to amend the City's Comprehensive Plan by amending the Land Use Element of the Comprehensive Plan to change the designated land use of the following described land from Rural Residential to Urban Residential (See Attached Exhibit A) WHEREAS, the Planning Commission held a public hearing on Tuesday, November 14, 2006 and recommended denial of the Requested amendment to the Comprehensive Plan; WHEREAS, the City Council, after holding a public hearing on November 20 and December 4, 2006, has reviewed the Comprehensive Plan amendment request and finds the following: 1. The proposed amendment is in general conformance with the purpose of the adopted Comprehensive Plan. 2. The proposed land use plan amendment will allow for urban residential densities in an area with compatible uses. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River that the Land Use Plan element of the City Comprehensive Plan be amended to change the property described above from Rural Residential to Urban Residential. BE IT FURTHER RESOLVED, That if the property described above has not been rezoned to PUD-Planned Unit Development and a conditional use permit approved for a planned unit development by March 1, 2007, the City Staff is directed to initiate an amendment to the Comprehensive Plan to return the land use design~tion of the property described above to rural residential PASSED by the City Council of the City of Elk River this 4th day of December, 2006. Stephanie Klinzing, Mayor ATTEST: Joan Schmidt, City Clerk 06-129 Exhibit A General description of the subject property is south of Viking Boulevard (County Road 31), west of the Anoka County line, east of County Road 13 (Twin Lakes Road) and Davis Street, north of the 189th Avenue alignment, and east of the River Park development. Legal description of the subject property is all or portions of the Northeast Quarter, Southeast Quarter, Northwest Quarter of Section 25, Township 33, Range 26, Sherburne County, Minnesota. 06-129