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Planning Commission Minutes April 24. 2001 Page 5 . 6. CONDITION #1 AND #2 MUST BE COMPLETED PRIOR TO OCCUPANCY OR SUFFICIENT ESCROW SHALL BE COLLECTED FROM THE PROPERTY OWNER TO COVER THE COST OF THE REQUIRED IMPROVEMENTS. COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.4. Reauest bv Heritaae Landing Develooment to Include Prooertv in the Urban Service District. Public Hearing - Case No. LU 01-04 Staff report by Michele McPherson. Heritage Landing Development is requesting a land use map amendment to add property into the Urban Service District. Ms. McPherson explained that in 1999, the City Council approved a request by the owner to remove the property from the Urban Service District, in order to develop a mini storage complex. At that time, staff encouraged the applicant to wait until sewer and water reached the site in order to encourage higher quality development. The applicant was advised that it would be their responsibility to bear all costs associated with returning the parcel to the Urban Service District and providing services to the site. This includes possible negotiation with the property owner to the south if they desire connection sooner than build out. Ms. McPherson stated that Staff recommends approval of the request with the two conditions outlined in the staff report. Chair Pederson opened the public hearing. . Dennis Chuba, General Partner of Heritage Landing Development, 19276 Vernon Street, stated that the property was placed in the Urban Service District in 1988, they purchased the property in 1995, and they expected services to be available in approximately three years. This did not happen and no one was able to tell them when services would be available. Mr. Chuba stated it was their intent to take the property out of the Urban Service District in order to develop the property with mini-storage. Shortly after this request was granted, they learned that services would be extended to the west. so they decided to wait. They are proposing to develop the site with 37-44 townhome units. Mr. Chuba stated that he disagreed with staff's recommendation for the city not to assist in working with the property owner to the south to expedite the extension of services to their property. He stated that the easements will be dedicated as part of the final plat and that S & Z Investments would be compensated. Commissioner Schuster asked if the city could refuse assistance in extending sewer and water to the property. City Attorney. Mr. Beck. stated that the City is not obligated to force build out of the property to the south in order for the applicant to have access to sewer and water. Commissioner Schuster stated that he felt the language in Condition #2 was too strong. Peter Beck stated that the condition is meant to put the applicant on notice that water and sewer may not get to their property as soon as they would like. Chair Pederson stated that he was in agreement with staff and supported Condition #2. . Commissioner Mesich stated that the 1999 report from the City Engineer made it very clear that if the property owners petitioned to be placed back in the Urban Service District. there may be extraordinary costs for a lift station for sanitary sewer