HomeMy WebLinkAboutA015 - Council Action Form dated July 22, 1997 e �
ITEM#:
DATE: 07/22/97
COUNCIL ACTION FORM
SUBJECT: RESOLUTION APPROVING THE REQUEST TO RESCIND A PREVIOUS
LIST OF IMPERMISSIBLE USES WITH RESPECT TO THE NORTHERN LIGHTS
SUBDIVISION.
ACTION FORM SUMMARY: In 1982, a list of impermissible uses was established for
property that is included in the site now being developed as the Northern Lights
Subdivision. This previous list of impermissible uses has created a concern regarding
the actual approved list of impermissible and permissible uses for the property.
Staff is recommending that the previous list of impermissible uses be rescinded for the
Northern Lights Subdivision.
BACKGROUND:
In 1982, the City Council approved a list of impermissible uses for the property that was
formally called Northwood Plaza, which involved the property that has been developed
with the Wal-Mart and Cub Foods facilities. Northwood Plaza also included the site of
what is now the Northern Lights Subdivision.
The Northern Lights Subdivision has been approved with a different concept. The
previous list of impermissible uses that were applied to the property as part of the
original Northwood Plaza development no longer apply. The previous use restrictions
recorded against the property are creating uncertainty regarding impermissible and
permissible uses.
ANALYSIS:
Clearly, it is staff's intention that the more recent list of impermissible uses that have
resulted as part of the City Council approval of the Northern Lights Subdivision, and
only that list, apply to the Northern Lights Subdivision. Therefore, as a means to
remove confusion regarding which list of impermissible use is the correct list of use
restrictions, staff is recommending that the previous list of impermissible uses be
rescinded with respect to the Northern Lights Subdivision, but to remain in effect for the
balance of the original Northwood Plaza area.
ALTERNATIVES:
1. The City Council can approve a resolution that will rescind the previous list of
impermissible uses for the Northern Lights Subdivision.
2. The City Council can approve a resolution that will modify the previous list of
impermissible uses for the Northern Lights Subdivision.
3. Action on this request can be postponed and referred back to City staff for
additional information.
RECOMMENDED ACTION:
It is recommended that Alternative #1 be adopted. Alternative #1 will approve a
resolution that will rescind the previous list of impermissible uses with respect to the
Northern Lights Subdivision. This should serve to limit confusion regarding the actual
approved list of impermissible and permissible uses for the Northern Lights Subdivision.
It should be understood that the resolution rescinding the previous list of impermissible
uses applies only to the property that is part of the Northern Lights Subdivision. The
previous list of impermissible uses still applies to the property that includes the Wal-
Mart and Cub Food facilities.
Attachment
2
Memo
City Attorney's Office
Caring People
Quality Programs
Exceptional Service
TO: Brian O'Connell, Director of Planning and Housing
FROM: John R. Klaus, City Attorne�
DATE: July 14, 1997
SUBJECT: Northern Lights
In January of 1982, in response to an application by the property owners, the City adopted Planned
Commercial Zoning with a Resolution of Impermissible Uses, with respect to an area north and west of 30th
Street and Grand Avenue. The area was called Northwood Plaza and is now the site of Cub Foods and Wal-
Mart.
Persons involved in a transaction pertaining to the Northern Lights Development have found the recorded
Resolution of Impermissible Uses for the Northwood Plaza area,recorded at Book 182, Page 329,to be a
source of concern. They want assurance that that resolution does not apply to the Northern Lights area.
Attached is a copy of a resolution proposed for the City Council to adopt, and to be recorded, to give the
desired assurance. From discussions with your staff, it seems clear that Northern Lights is under a different
regulatory arrangement than that which pertains to the Cub/Wal-Mart site. Therefore, it seems to me the
Council should facilitate matters by adopting the resolution as requested. Please confirm this with a Council
Action Form that can present this matter at the Council's July 22nd agenda. Thank you.
JRK:gmw
Attachment LTF
c: Sandy Ryan CE D 1 6 1997NN NG'8OhOUSING