6.5. SR 02-17-2009 - Laserfiche WebLink

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Case File: CU 09-05 Page 4 Elk Ridge Center 5'~ Retail 7040 Lakeland Partners The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1~ill not endanger, injure or detrimentally affect the use and enjoyment of otherproperty in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral avelfare of the neighborhood or the city. Through the comprehensive plan, this property was guided for intense forms of commercial development and the development was designed to address public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. Specific to the development, if a portion of a building or the entire building is constructed, the line in question is a property line that has no affect on the structure or with its relation to the other planned structures within the development. The Zero Lot Line CUP request will have no negative impact on the city or development. 2. Till be consistent with the comprehensive plan. The Comprehensive Plan guides the subject property as Highway Business. Wlvle the comprehensive plan does not address Zero Lot Line CUP requests directly, it does state, "The Highway Business land use is the most intensive form of commercial development in Elk River. Businesses in this category may be the largest both in terms of size and traffic generation." The use is consistent with the comprehensive plan as noted above. 3. 1Vill not impede the normal and orderly development and improvement of surrounding vacant property. The vacant land surrounding the property was planned as highway business/commercial space. This proposed structure/property was planned and design with the overall development to have this relation with the surrounding vacant properties. The proposal does not affect the future development, as the building square footages, circulation and parking were planned as whole unit. With no vacant land in the surrounding property outside of the development, the Zero Lot Line CUP request will not impede the normal and orderly development and improvement of surrounding vacant property. 4. 1-Vill be served adequately by and avill not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, avater and seaver systems, parks and schools; and avill not, in particular, create traff c congestion or interference with traffic on adjacent and neighboring public thoroughfares. The development and its infrastructure are designed to the requirements required by the city in order to protect these public facilities. The storm water structures were sized to handle all of the drainage from this development and from the impervious surfaces created by current and future projects based on the approved Preliminary Plat. Traffic engineering was completed that addressed vehicular circulation and the public roads were designed and built/realigned to accommodate the traffic to serve this area. The Zero Lot Line CUP request has no affect on these essential public facilities and services. 5. i-Vill not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. S:\PLANNING MAIN\Case Files\CUP\CU 09-OS 7040 Lakeland. Partners\CU 09-05_PC.doc