CC 03-14-1977 - Laserfiche WebLink

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Minute~ of Regular Council Meeting Page two ~~arch 14, 1977 favor of the motion; Crichton, Wingert, Woodburn voting In opposition). Crichton referred Council to broChures of Bethel College which descrlt~ -the Bethel College campus as being a very delightful campus of wooded hi lis which takes advantage of the natura~ beauty of the site _ definitely not a business property In his opinion. Hanson asked whether the rezoning of the Reiling property from R-2 to R-B requires an ordinance amendment? Lynden advised that It does; rather than amend the existing Zoning Ordinance and Map, it was his, and the Clerk Administrator's decision, to Include the two rezonlngs from R-2 to R-8 (Cleveland and County Road D and New Brighton Road and Lake Johanna Boulevard) In the new zoning ordinance and map when adopted. · Hanson said that, based on previous Council action, It appears that the only option left to Bethel Is to apply for rezoning and then for a Special Use Permit for a PUD; can't take the Planning Commission's recommendation as stringent; probably did not understand the legal problem that Council Is under at this time; If concern is about future use re compatibility, Council should probably consider a Special Use Permit and rezoning with restrictive covenants. Attorney nDted that conditIons on rezoning are unlawful; could require developer to apply restrictive use of the property. Crichton noted that, based on Council's previous determination that, as worded in the current Zoning Ordinance, colleges are not a per- mitted use In an R-I district, it was his hope that the new ordinance would clarify this point; not accomplished to date; other commercial uses are not consistent to this area. Hanson noted that no one has appeared Opposing the proposed Bethel College applications; should accomodate the College In their request. Woodburn suggested that perhaps Council should consider the proposed 2f acre site on which the dormitories are proposed, rather than the entire campus; parcel Is requested to be spilt for financIng purposes, creating a separate parcel. Hanson referred Council to Ordinance No. 99 provision that "no applica- tion for rezoning which has been denied wholly or In part shal I be re- submitted for a period of six months from the date of said order of denial"; asked how College can apply, If rezoning Is denied? Woodburn said, If property is sectioned, Bethel could then apply for a BuIlding Permit for Institutional housing which is a permitted use In the R-I zone; requesting a Special Use Permit for a PUD for the two buildings on a single parcel. After considerable discussion, Woodburn said he desires that justice be done to enable Bethel to do what they have requested to do; have denied the rezoning - have two other applications before the Councl I. R. Hoffmann expressed a need to separat~ the problems of Northwestern and Bether colleges; suggested consider the problems one at a time; . limited business should be considered - not business In general; asked Councii to reconsider what it has done; a matter of Interpretation. Mr. Dave Lissner said that another possibility Is ~o consIder the smaller parcel (2f acre tract) to permit student institutional housing. He noted that setback for Zoning boundaries may not be-met, but other- wise would meet requirements - Instlt~tional housing Is permitted In an R-I District. Wingert considered this to be a "pIece meal" procedure _ better to take the Special Use Permit for a PUD procedure. Woodburn moved to proceed with consideration of the Special Use Permit for PUD procedure. Motion was seconded by Wingert and carried 3 to 2 (Woodburn, Wingert, Crepeau voting In favor; Hanson, Crichton voting In opposition. -2-