04/14/2010 P&Z Packet - Laserfiche WebLink

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Interim Use Permit 2209 Phelps Road page 2 and outdoor storage needs a new approval. The research and conclusions are described in this report. The site is guided Industrial and zoned Light Industrial. Land to the west, south, and east is guided Industrial and zoned Light Industrial. Property abutting the north side is guided Commercial and zoned General Business. PHELPS ROAD In the past, Phelps Road began at the old Otter Lake Road (abutting I -35E) and extended only about 850 feet to the east. In fact, it was a driveway or private road until 1977 when Miller granted a public road and utility easement to the City. The Arnt family acquired a one -acre parcel at 2109 Phelps Rd. from Paul Miller in the 1970s. The City's property file includes building permits issued to Arnt in 1978. An additional lot of 1.8 acres to the east was acquired from Miller by Arnt soon after. This lot has no separate address, and the business has functioned across these properties, as well as onto the Miller property to the east, for some time. In 1988, Miller granted another easement which extended Phelps Road another 1320' east to the location of what is now the new Otter Lake Road. However, the deed specified that this easement was not to take effect until 2003 (fifteen years later). When the new Otter Lake Road was constructed in the 1990s, Arnt actually constructed the Phelps Road extension to City street standards, though it was a private road because the easement was not yet effective. Now that the easement is in effect, Phelps Road is entirely a public road. The land to the east of the two Arnt parcels actually is part of an 8 -acre parcel that lies both on the north and south sides of Phelps Road. This lot, still owned by Miller, was physically divided by the extension of Phelps Road, but never legally subdivided into two tax parcels. The area on the south of Phelps Road has been used as part of Arnt's activities, while the land on the north of the road has seen some changes in land use. The proposed interim use permit would include provisions to block off the east end of Phelps Road for limited periods of time to allow for a conveyor to cross the road and carry material from the crushing machinery on the south side to the storage area on the north side. ZONING AND PERMITS ON THE SITE(S): A HISTORY • February 13, 1968: City Council notes contact with Acton Construction regarding "purchasing property on the east side of the Village and rezoning of same." • Feb. 21, 1968: City Council sets special meeting and hearing regarding "the request of Acton Construction Co. to rezone their property near 35E & Main St. from residential - farming to commercial." • Feb. 26, 1968: Staff instructed to send letters to adjacent property owners about the hearing. • • •