Laserfiche WebLink
Tony Emmerich Homes Page 2 <br /> July 14, 1994 <br /> • <br /> In response to each of the points made in Mr. Johnson's letter, the following <br /> comments are offered: <br /> 1. In 1990 the City Council adopted by resolution a Focus Area <br /> Study that was prepared by BRW, Inc., which outlines the <br /> concept of a business park. Therefore, the proper land use and <br /> zoning for the concept of a business park has been in place since <br /> 1990. If the property was purchase for a use other than the <br /> established land use and zoning designation, the purchaser <br /> would have accepted the risks involved in obtaining the <br /> appropriate approvals to change the intended use of the <br /> property based on the City's current land use and zoning <br /> designations. <br /> 2. The Planned Unit Development zoning designation is used in a <br /> variety of land use situations. Residential, commercial, and <br /> industrial developments have all used the Planned Unit <br /> Development concept. What is important is the underlying <br /> comprehensive land use designation. In the case of the subject <br /> property, the underlying land use is LI (Light Industrial) <br /> • indicating an industrial land use. Apparently, because this <br /> property is zoned PUD similar to Elk Park Center, there has <br /> been some misunderstanding that the subject property can also <br /> be used as commercial. Based on the underlying land use, this <br /> is not true. <br /> 3. As discussed earlier, the City has adopted a land use <br /> designation and zoning that has set the foundation for a <br /> business park development in this area. The property owners <br /> certainly have a right to use their property to their benefit, <br /> however, cities have also been granted the regulatory powers to <br /> establish proper zoning of property to protect and promote the <br /> health, safety, morals, and general welfare, conserving the <br /> values of properties and encouraging the most appropriate use of <br /> land to benefit the city as a whole. <br /> 4. Unfortunately, the developers have purchased the property with <br /> a land use and zoning designation of industrial. Therefore, it is <br /> not a question whether the property should be industrial, it <br /> currently is. Unless it is brought up by the Steering Committee, <br /> Planning Commission, or City Council, the property will retain <br /> • its industrial zoning and land use. <br /> emmerich.steering <br />