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Memo to Planning Commission/OA 01-04 <br /> April 24,2001 <br /> Page 2 <br /> If the applicants wanted to combine the lots into one lot,Mr.Brueske could then construct <br /> his building because it would be considered a second principle structure. However, Mr. <br /> Brueske wants to own, not lease his land and building. <br /> In the past,the City has allowed the development of industrial facilities on property within <br /> the urban service area prior to the availability of services by changing the zoning from <br /> industrial to planned unit development. Morrell Trucking and LeFebvre Trucking were <br /> allowed to develop under this scenario. This is not an option for Mr. Hetland and Mr. <br /> Brueske because the lot they want to develop is only 1 acre in size and the proposed <br /> development does not meet the spirit or intent of the Planned Unit Development District. <br /> Section 900.20.16 was created so that the city could preserve orderly development in areas of <br /> the city that are in the urban service area but sewer and water are not readily available. <br /> Development could then be guided so that it would not interfere with future extensions of <br /> sewer and water service. <br /> RECOMMENDATION <br /> Below is a proposed amendment that would allow construction on commercial and <br /> industrial lots within the urban service area prior to the availability of sewer and water.The <br /> conditions are similar to those in the existing ordinance.An additional condition has been <br /> added that the property be platted. This condition is consistent with other sections of the <br /> S ordinance relating to commercial and industrial development.This amendment would be in <br /> addition to the existing ordinance, it would not replace it. <br /> Proposed Amendment <br /> Section 900.20.16 <br /> B. Owners of existing lots of record,that are zoned commercial or industrial,within the <br /> urban service area and not currently served or without the opportunity to hook up to city <br /> sewer and water may apply to construct a principle structure. <br /> In addition to all other city ordinances or regulations of the city,the following conditions <br /> shall apply to an expansion of an existing structure or construction of an additional principal <br /> structure on the same parcel: <br /> i. An application for a conditional use permit must be submitted in <br /> accordance with the requirements set forth in the Zoning Ordinance. <br /> ii. Applicant enter into a developer's agreement stipulating the <br /> likelihood of the payment of future assessments for city sewer and water and <br /> the timely hook up to city sewer and water. <br /> iii. Applicant sign a waiver of rights to appeal future assessments for city <br /> sewer and water on the basis of: <br /> S:\PLANNING\SCOTT\OA0 I-04.DOC <br />