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Special Planning Commission Minutes <br />Page 4 <br /> <br />August 9, 2005 <br />--------------------------- <br />there would be the risk of contamination if the wells were allowed to remain in use. Ms. <br />McPherson stated that she would have a response from Bryan Adams, Municipal Utilities <br />General Manager, for the August 15 City Council meeting. In regards to requiring the <br />th <br />developer to pay for costs to bring sewer and water to the existing Pinewood Addition, that <br />question would need to be decided by the City Council, as it is a policy issue to leave the <br />neighborhood as an island with private wells and septic. <br /> <br /> Chair Anderson stated that it is not within the Planning Commission’s role to decide these <br />issues, and the City Council would make these decisions for inclusion in the development <br />agreement for the plat. <br /> <br /> Andrew Brown, 19260 Yankton Street – Presented two petitions; one from the Pinewood <br />Estates residents, and one from the users of the Pinewood Golf Course in support of <br />allowing the golf course to remain. He stated that the Certificate of Title for the golf course <br />property includes a memorial which binds the property to the restrictive covenants. He <br />stated that the developer was asked to go back and look at the density of the plat, and that <br />nothing has been changed. <br /> <br /> There being no one else to speak to this issue, Chair Anderson closed the public hearing. <br /> <br /> Commissioner Offerman stated that he struggled with the issue of the land use amendment. <br />Senior Planner Harlicker stated that the situation is not unusual, and that there are other <br />areas of the City with the Open Space land use designation, and that this is the first time the <br />issue has come up. Commissioner Offerman stated he did not see it as a “housekeeping” <br />issue as stated in Commissioner Steven’s comments, that the land use is consistent with the <br />current use of the property, and would only become inconsistent if the plat were approved. <br />He stated he did not support the land use change. <br /> <br /> Commissioner Westgaard stated he agreed with Commissioner Offerman. He asked what <br />the zoning and land use was for the Elk River County Club Golf Course. Ms. McPherson <br />stated that the zoning is R1c (Single Family Residential) and the land use is Open Space. She <br />stated that golf courses are allowed by conditional use permit in the R1 Zoning Districts. <br />She stated that a request could be made for another parcel guided UR and zoned R1c for a <br />conditional use permit for a golf course. Commissioner Offerman stated that either way, the <br />land use could remain for this golf course as it exists. Ms. McPherson stated yes, except that <br />a request has been made for the use to change. <br /> <br /> Commissioner Scott questioned if the land use amendment should be considered after the <br />plat. Ms. McPherson stated no. <br /> <br /> Commissioner Offerman stated that he felt he could approve the plat if the other issues were <br />addressed, before the land use. <br /> <br /> Chair Anderson stated that the comments of Commissioner Stevens will be entered into the <br />official record. <br /> <br /> MOTION BY COMMISSIONER OFFERMAN AND SECONDED BY <br /> COMMISSIONER WESTGAARD TO RECOMMEND DENIAL OF THE <br /> REQUEST BY L & M DEVELOPMENT FOR A LAND USE AMENDMENT <br /> FROM OS (OPEN SPACE) TO R1C (SINGLE FAMILY RESIDENTIAL), BASED <br /> ON THE FINDING THAT THE LAND USE IS CONSISTENT WITH THE <br /> CURRENT USE OF THE PROPERTY. <br /> <br />