5.3. PCSR 09-11-2007REQUEST FOR ACTION
To Item Number
Plannin Commission 5.3
Agenda Section Meeting Date Prepared by
Communi Develo ment Se tember 11, 2007 Chris Leeseber ,Park Planner
Item Description Reviewed by
Request by STM Development for Conditional Use Permit for erem Barnhart, Plannin Mana er
Zero Lot Line Development (Dollar Tree), Case No. CU 07-27 Reviewed by
- Public Hearing
Action Re4uested
Staff recommends that the Planning commission recommend approval of the request, as illustrated
on drawings dated 9-5-07.
Attachments
Location Map
• Site Plan
Action Motion by Second by Vote
Follow Up
Casc Pilc: P U7-08
Pagc 2
General Information
1?lk 12ivcr Crossing Scvcn[h
S"I'M llcvclopmcnt
Applicant STM Development
60 Day Rule The application has been deemed complete as of August 13,
2007. The Ciry must approve, approve with conditions, or deny
or extend the review timeline b October 13, 2007.
Requested Action Conditional Use Permit for the Zero Lot Line Development
Location and Size Vacant area on the north side of Home Depot.
Location Existing Use Land Use Plan Designation Current Zoning
Subject
Property Commercial Highway Business (HB) PUD
North Commercial Highway Business (HB) PUD
South Commercial Highway Business (HB) PUD
East Commercial Highway Business (HB) PUD
West Commercial Highway Business (HB) PUD
Analysis
In October of 1999 the City Council approved the Final Plat for Elk River Crossing. The plat had
numerous Outlots that would be subject to final plat approval as they were developed. This
proposal is one of the Outlots. The Final Plat for the Outlot was approved by the City Council on
August 20, 2007 (Elk River Crossing 7`'' Addition).
A Conditional Use Permit (CUP) for a Zero Lot Line Development is necessary as required by the
Elk River Crossing PUD Agreement dated December 21, 1999. During the preliminary work for
the entire development, astructure/business was anticipated to be constructed at this location.
The CUP is being requested to construct a retail space that will be attached to the north end of
Home Depot. As a result, the shared wall of the two structures will also be the property line that
separates the two businesses. This is the same type of request as was in the Elk Ridge Center with
the discount grocery store (CU 06-27). The placement of the lot line has no affect on architectural
design, square footages allowed or orderly development and improvement of surrounding property.
The proposed structure will be within the existing vehicular circulation established on the site. All
parking requirements were anticipated and provided for with the approval of the Home Depot site.
S:API,ANNING\Casc Filcs\CUP\CU 07-27 Dollar'1'rcc\CU 07-27_YC.doc
Casc Filc: P 07-08
Yagc 3
Conditional Use Permit
Elk Rivcr Crossing Seccnth
S'1'M llc~clopmcnt
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
7. lY~ill not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate
vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the
city.
2. lYlill be consistent with the comprehensive plan.
3. lYlill not impede the normal and orderly development and improvement of surrounding vacant property.
4. lYlill be served adequately by and will not adversely affect essential public facilities and services including
streets, police and fire protection, drainage, refuse disposal, water and sewer ystems, parks and schools; and
will not, in particular, create tra~c congestion or interference with tra~c on adjacent and neighboring public
thoroughfares.
5. lY/ill not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons orproperty because of excessive tra~c, noise, smoke, fumes, glare, odors, dust or
vibrations.
6. lYlill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
7. lYlill fully comply with all other requirements of this Code, including any applicable requirements and
standards for the issuance of a license or permit to establish and operate the proposed use in the czty.
If denial of such a permit should occur, it shall accompany recommendations or determinations by
findings or a report stating how the proposed use does not comply with the standards set forth in
Section 30-654.
In the review of the standards for CUP as outlined, it appears that the request is consistent with all
of these standards.
Action Motion by Second by Vote
Follow Up
S:APLANNING\Casc Pilcs\CUP\CU 07-27 Dollaz't'rcc\CU 07-27_PC.doc
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