2015.02.17 PC Minutes - Laserfiche WebLink

Home Browse Search

to this issue and other circuit courts have differed in their interpretation of the scope of preemption. The Surface Iransportation Board has also weighed in on the issue of preemption, further complicating matters. However, because the applicant has raised this preemption claim the City must seriously consider its impact on Belair's 17 acre expansion property. Planning Director Gundlach commented that when considering the effect of the federal preemption (no zoning authority), there is a potential for an infinite number of land uses as long as those land uses are rail related (meaning commodities are being delivered to or from the site via rail). This, in addition to Belair's requests to expand their aggregate crushing and recycling operation (which isn't a permitted use) onto the property, may create a level of use that is much too intense for this light industrial zoned property. Staff, Belair, and our respective attorneys are evaluating how to proceed. One approach currently being explored is whether Belair and the City can address the preemption issue via legal agreement that would identify and limit the types of uses allowed on the property. Staff recommends the Commission open the Public Hearing, take comments from the public and table this item to the March 17, 2015 Planning Commission meeting. Auren Keamtop, 1140 Rockstone Lane, stated he lived very close to Belair Excavating and noted he has had no problems with the use. He requested further information regarding the proposed changes at Belair. Planning Director Gundlach explained the applicant was proposing to expand their operation onto 17 additional acres of land. This land would be used for piles of stored material. Motion by Commissioner Erickson, seconded by Commissioner Deick, to table action on this item to the March 17, 2015 Planning Commission meeting. kpproved 5 -0. (B) Wayne Eck requests Preliminary Plat consideration for 1321 & 1333 12'h Avenue NW, creating five lots on two block, including dedication of a 330' right -of -way extension of 12 "' Avenue NW, resulting in a net increase of three additional lots for development of single family homes. Planning Director Gundlach reported the applicant is requesting Preliminary Plat approval in order to create five lots on two blocks to be known as ECKSON. The two existing lots, 1321 and 1333 12th AVE NW each contain one single family home. The applicant intends to remove the existing home at 1333 12th AVE NW and retain the existing home located at 1321 12th AVE NW. The applicant has shown on the preliminary plat drawing that one new lot would be created on block 1 and 4 new lots created on block 2. Lot 4 of block 2 will have the north property line extended 10 feet while retaining the existing home. The remaining lots will be sold, some within the family, for construction of new single family homes. The preliminary plat drawing shows 12th AVE NW being extended north a distance of approximately 330' with the construction of a cul -de -sac to provide access to lots 1, 2 and 3 of block 2. The boundary and topographic survey submitted by the applicant shows several encroachments along the west property line including a driveway, shed and fence. The applicant will need to work with the adjacent property owner to ensure all encroachments are eliminated in conjunction with the final plat application. Planning Director Gundlach has recommended that the applicant pursue preliminary plat approval, which will establish a set of conditions under which a final plat can be approved. The process also allows the applicant time to remove the required structures and encroachments. Staff recommends approval of the Preliminary Plat, known as ECKSON, subject to the following conditions: 1. The applicant shall file for final plat approval within 12 months of the date of Council approval of the preliminary plat. 2. At the time of final plat submittal the applicant shall pay park dedication fees for three newly created lots, amounting to ;'5,160 (3 x $1,720). 2