07-24-2002 Council Agenda - Laserfiche WebLink

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MINUTES PLANNING COMMISSION JULY 11, 2002 Keis asked for a timetable for the development of Lot I, expressing concern that the City may find itself in a situation where it granted the rezoning and allowed outdoor storage and no development is happening on the site. Johnson indicated that he would enter into a development agreement with the City that would place a sunset on the outdoor storage use. That development agreement would revoke the zoning on Lot 3 in the event he does not follow through on the development plan. The City Planner felt that a development agreement that removes zoning was problematic and could put the City in some jeopardy. The Planner indicated that it is the City's role to find the best zoning for a property. A property owner then makes an investment in a property based on its zoning. To take a zoning back after such an investment has been made would be a problem The Planner suggested that a better way to handle the matter would be to tie the outdoor storage use or removal of certain buildings to a PUD Agreement. The Planner again stated that if a property owner makes an investment in a property in reliance on zoning, the courts could loot: on the revocation of the zoning as a taking. However, the City could address the matter under a PUD Agreement that has sunset provisions built into it. Keis felt that the basic question was whether or not the City wanted outdoor storage In this area. The City Planner noted that B -W Zoning is desirable along Country Drive. The Planner expressed concern, however, with the size of Lots 1 and 2 and the mad circulation pattern shown on the concept plan. The Planner felt that it may be difficult to meet parking requirements and have room for semi -truck traffic circulation in light of the size buildings proposed on these lots. Germanson reported that their engineer designed the properties to meet the City's requirements ancl has indicated that parking and circulation requirements can be met. 1 lowever, if Lot I is sold, a new property owner may come in and propose a 20,000 square foot building rather than the 30,450 square feet shown on the site plan. The Planner stated that the question is raises is if the site can accommodate the development that is being shown on the concept plan. Duray asked why two lots were being proposed along Country Drive. Germanson indicated that if the Knox building is sold, the new owner may 4