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<br />City Council Minutes <br />October 17, 2005 <br /> <br />Page 9 <br /> <br />6.6. Consider Resolution for Land Use Map Amendment to Change the Land Use from CC <br />(Community Commercial) to UR (Urban Residential) as Requested by New Century Land <br />Development. Public Hearing. Case No. LV 05-05 <br />6.7. Consider Ordinance for Zone Change from C3 (Highway Commercial) to PUD (planned <br />Unit Development) as Requested by New Century Land Development. Public Hearing. <br />Case No. ZC 05-03 <br />6.8. Request by New Centw;y Land Development for Preliminary Plat (Heritage Maples). Public <br />Hearing. Case No. P 05-16 <br />6.9. Request by New Century Land Development for Conditional Use Permit for Residential <br />Planned Unit Development. Public Hearing. Case No. CV 05-17 <br /> <br />Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated the applicant <br />is requesting a land use amendment, a zone change, a conditional use permit, and a <br />preliminary plat for a 52 unit townhouse development. He provided an overview of the <br />project. Mr. Harlicker stated the Planning Commission denied all the requests of the <br />applicant. Some members of the Commission felt the land use should remain commercial. <br />He stated the Commission wanted to continue these items so that many staff and <br />Commission issues could be addressed. <br /> <br />Acting Mayor Dietz stated he was in favor of this development if it was to be for senior <br />housing. He would like a condition added that the townhomes could only be for residents <br />55 and older. <br /> <br />Mr. Harlicker stated it could also be added to the PUD agreement. <br /> <br />Acting Mayor Dietz opened the public hearing on all four requests. <br /> <br />Victor Pacheco, applicant, representing New Century Land Development-Stated he <br />didn't want to bring the requests back to the Planning Commission because he believed they <br />wanted the zoning to remain commercial and it wouldn't matter how many changes he tried <br />to make. He stated there has been a lack of commercial interest in this parcel due to its <br />location, shape and wetlands. <br /> <br />Acting Mayor Dietz closed the public hearing on all four requests. <br /> <br />Councilmember Farber expressed concerns over the private drives in the plat. He stated <br />there are other senior housing developments in Elk River where the private drives cannot <br />handle vehicles such as garbage trucks and the residents must haul their garbage to the end <br />of drives. <br /> <br />Brad Stevens, Planning Commissioner-Stated the Commission was concerned about losing <br />the commercial aspect for this parcel but was willing to work with the applicant for the <br />townhome development. He stated the Commission had many concerns about the plat <br />including: the loss of a community center, high density, setbacks between buildings and near <br />wetlands, architectural improvements, and green space. <br /> <br />Mr. Pacheco stated there may have been a misunderstanding between himself and the <br />Planning Commission regarding the zone change. He stated the setbacks were garages that <br />were close together and not living spaces. <br /> <br />Councilmember Farber questioned why the Planning Commission felt the density of this <br />project was too high when the applicant appears to be under the city's requirements by half. <br />