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Attachment C Consider Request by United Properties (in cooperation with the property owners) for Preliminary Plat approval for 2990, 2996, 3008 and 3010 Cleveland Avenue N(PF07-006) Community Development Director Patrick Trudgeon provided a summary of the request of United Properties for a PRELIMINARY PLAT to redevelop the property at 2990, 2996, 3008 and 3010 Cleveland Avenue N with a 93-unit assisted living facility and a 95-unit, age-restricted cooperative housing development, as detailed in the staff report dated September 15, 2008. Mr. Trudgeon reviewed the background of this request and tabling of action at the City Council meeting of August 25, 2008, of the senior cooperative development proposal pending a legal opinion from the City Attorney regarding expiration of the preliminary plat, originally approved in 2007. Mr. Trudgeon advised that, at their meeting of September 3, 2008, the Planning Commission held the duly-noted public hearing and unanimously recommended approval of the Preliminary Plat; with staff concurring with that recommendation. Councilmember Ihlan sought clarification as to who had received notice of the public hearing, with Mr. Trudgeon advising that notice had been provided to property owners within 500' of both subject parcels. Councilmember Ihlan questioned staff's rationale in seeking approval of the Preliminary Plat from the Final Plat, and why it was being separated out when the City Council had yet to receive a Concept Plan for the next phase of the proj ect; opining that she was unclear on new zoning and preferred additional information. Mr. Trudgeon responded that the Plat proposed to create two new lots, with one of those currently before the City Council, as part of the assisted living project; and the applicant's original plan to re-plat the parcel as part of the senior cooperative site, until the August 25, 2008 City Council meeting and becoming aware of ordinance language and the expired Preliminary Plat. Mr. Trudgeon advised that, at that point, it was staff's recommendation that it was best to combine both plats for presentation to the City Council for their approval; with the City Council having seen a Sketch Plan for the proposed assisted living facility, setting the stage for future approval. Mr. Trudgeon verified that there was no zoning change proposed for Lot 1, Block 1 at this time, but that would be heard with the next case on tonight's agenda. Councilmember Ihlan opined that, normally, code indicated submission of an application for rezoning with Preliminary Plat approval to ensure permitted uses; and presumed that this use would not be permitted in an R-1 zone; and again questioned why these items were not moving forward without procedural gaps. Mr. Trudgeon responded that staff was attempting to stay within the developer's 60-day review period and to accommodate the developer's desire to move forward. Further discussion ensued regarding reading of City Code, Section 1102.01 and applicable zoning indications and procedures; and confirmation by staff that the PUD Concept Plan is currently at the Planning Commission level, and status of the separation of the Preliminary Plat and Rezoning application at this point. Mayor Klausing sought advice from City Attorney Squires, from a legal standpoint, as to whether the City was acting consistently with code requirements for the second parcel, since it was zoned residential, and whether it was consistent with platting with the underlying zoning. City Attorney Squires advised that the developer was creating two lots, with underlying zoning on the second parcel being residential; and opined that the developer wouldn't be creating an improper lot that doesn't meet standards. City Attorney Squires further opined, from his review of Chapter 11 of City Code, that code did not require simultaneous action; and that that approval Page 1 of 10