7.2 SR 06-01-2020 - Laserfiche WebLink

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permit with PUD, and preliminary plat; he recommended the following: 1) Approval of zone change from business park to Residential PUD; 2) Approval of Conditional Use Permit establishing a PUD with conditions; 3) Approval of the Preliminary plat of Tall Pines Second Addition. Roger Derrick supports the Planner's recommendation and agrees to the suggested conditions as stated in the Planners Report. Given the past hearings by the Planning Commission and the Planner's recommendation to approve the application the Planning Commission, without any rational and legal sufficiency denied the zone change, the conditional use for Residential PUD and the preliminary plat. The Planning Commission ignored the Cities' Comprehensive Plan and the change in the neighborhood to residential, and a solution that addressed their past concerns with respect to traffic. The proposed residential development had no factual issues that involved health, safety, and general welfare like Roger Derrick's past developments and other residential developments, there are no facts that support an issue with health, safety and welfare. denial. Planning Commission member Jill Larson -Veto made the following confused motion for "I'm going to make a motion to recommend denial on the basis that the application does not meet items 1 and 3, I don't believe it's in accordance with the comprehensive — or that's number 2 in accordance with the comprehensive plan. I do think that it could detrimentally impact the use of other properties and I do think it could have a detrimental impact on the normal and orderly development of that area." Her motion was not clear on whether it was zone change or two of the factors necessary for approval of a Conditional Use Permit. Also, the confusion is that she thought that the project was not in accordance with a comprehensive plan. The Chair had to clarify her motion that this was a denial of the zone change subsequently denying the Conditional Use Permit and Plat, see attached Planning Meeting Transcription of April 28, 2020. COMPREHENSIVE PLAN The proposed residential development is designated as correct land use according to the Elk River Comprehensive Plan. "The Comprehensive Plan guides this area as Mixed Use which allows a mixture of housing, jobs and/or retail services uses within close proximity to each other. The area also provides another setting for high density residential land uses. The proposed use and rezoning to a residential PUD is supported by the Comprehensive Plan", see Planner's Report. The Comprehensive Plan with a mixed -use designation allows for a residential land use. Also, it should be noted that the mixed -use designation allows for development of the vacant 2.5 acres south of the project. The Elk River Comprehensive Plan has a number of important statements that supports and 2350 WYCLIFF STREET - SUITE 200 e SAINT PAUL, MINNESOTA 55114 TELEPHONE 651-224-3781 FACSIMILE 651-223-8019 www.kellyandlemmons.com