HomeMy WebLinkAboutPlanning Commission Minutes 10-19-2005Approved Minutes
City of Plymouth
Planning Commission Meeting
October 19, 2005
MEMBERS PRESENT: Chair Frank Weir, Commissioners E.J. Clyman, Nancy Franke -
Wilson, Kathleen Murdock, Melissa Musliner, Sarah Anderson and James Holmes
MEMBERS ABSENT: None
STAFF PRESENT: Planning Manager Barbara Senness, Senior Planner Shawn Drill,
Planner Joshua Doty, City Engineer Ron Quanbeck, and Office Support Representative
Janice Bergstrom
1. CALL TO ORDER - 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. PUBLIC FORUM
4. APPROVAL OF AGENDA
MOTION by Commissioner Wilson, seconded by Commissioner Anderson to approve the
October 19, 2005 Planning Commission Agenda. Vote. 7 Ayes. MOTION approved.
5. CONSENT AGENDA
A. APPROVAL OF THE OCTOBER 5, 2005, PLANNING COMMISSION
MINUTES
MOTION by Commissioner Clyman, seconded by Commissioner Wilson, to approve the
October 5, 2005 Planning Commission Minutes. Vote. 7 Ayes. MOTION approved.
B. AMB PROPERTY CORPORATION (2005117)
MOTION by Commissioner Clyman, seconded by Commissioner Wilson, to approve the
request by AMB Property Corporation for a site plan amendment for a parking lot
expansion for property located at 13100 12th Avenue North. Vote. 7 Ayes. MOTION
approved.
C. HUTCHINSON TECHNOLOGY (2005126)
MOTION by Commissioner Clyman, seconded by Commissioner Wilson, to approve the
request by Hutchinson Technology for a site plan amendment to install two air -handling
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units and additional utilities at the property located at 5905 Trenton Lane North. Vote.
7 Ayes. MOTION approved.
6. PUBLIC HEARINGS
A. MARY WEINZIERL (2004107)
Chair Weir introduced the request by Mary Weinzierl for a preliminary plat for "Churchill
Ridge" for 11 single-family lots, for property located at 18820 County Road 24.
Senior Planner Drill gave an overview of the October 11, 2005 staff report. Senior Planner
Drill said a letter from the applicant's engineer explaining the drainage and lot lines as they
relate to the adjacent Pharis site at 18640 Co. Rd. 24 is now part of the public record. Also
an e-mail from Gary Teske is now part of the public record.
Commissioner Holmes asked where the larger water basin pond currently drains to.
City Engineer Quanbeck said that pond water drains across Co. Rd. 24 and eventually into
Mooney Lake.
Chair Weir introduced the applicant, Mary Weinzierl, 18820 Co. Rd. 24. Ms. Weinzierl
said she and her husband own the property.
Chair Weir opened the public hearing.
Chair Weir introduced Larry Free, 3185 Walnut Grove Lane, who said he lives east of the
proposed rain garden. Mr. Free asked for the definition of a rain garden, and said he has
concerns about drainage as Churchill Ridge is higher than the surrounding area. He asked
if this has been tried before and for assurance that there won't be additional runoff since
the ground will have more non permeable area.
Chair Weir introduced Charlie Wilson, 3225 Xanthus Lane North. Mr. Wilson said the
basic plan looks pretty good. He said the Churchill Farms neighborhood surrounds this
proposed neighborhood, and there is a small park at Zircon Lane. Mr. Wilson said they
would like people in Churchill Ridge to use that amenity. Mr. Wilson said the proposed
development is choosing the "Churchill" name and asked if eventually they could become
part of the Churchill Farms homeowners association. Mr. Wilson said if you regard it as
your own neighborhood site you tend to drive slower, be more respectful, etc.
Chair Weir introduced Rita Thysell, 3315 Xanthus Lane N. Ms. Thysell asked when
construction would start and how it would be regulated. She said heavy equipment may
impact roads and who would be responsible for repairs.
Chair Weir closed the public hearing.
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Senior Planner Drill said the definition of a rain garden is a depression or swale with deep-
rooted plantings which allow water to infiltrate.
City Engineer Quanbeck said the site would drain along the east property line north to the
rain garden. He said the rain garden would act like a wetland and the pipe would carry the
runoff to the wetland. City Engineer Quanbeck said prior to the approval of the final plat,
one of the requirements in the resolution is to provide the 100 -year elevation in the area
and the existing wetland.
Planning Manager Senness said the City cannot mandate that a development be part of a
homeowners association.
Ms. Weinzierl said the lots are spoken for, and she has checked with some of the people
but they did not have an interest in the park as they are beyond the "park age" group for
their children. Ms. Weinzierl said she expects construction to begin in spring. She said
she is not developing this but is selling it to a developer for the actual developing. She said
construction traffic could access at Co. Rd. 24 temporarily if the Council gave approval for
that.
City Engineer Quanbeck said they are not in favor of construction traffic off Co. Rd. 24 as
there is greater potential for accidents due to heavier traffic. He said they anticipate using
the local street system as these streets are designed for some heavy equipment, and added
there are weight restrictions in place in the spring. City Engineer Quanbeck said the
developer would be responsible for any street damage from this development
Chair Weir asked about sidewalks stopping at the edge of the Churchill Ridge site.
Senior Planner Drill said there are no sidewalks along Xanthus Lane to connect to, and that
is why the applicant will request that the Council waive the requirement for a sidewalk.
Commissioner Anderson asked if the rain garden being piped to a larger pond has been
tried before.
City Engineer Quanbeck said this is not an uncommon configuration and has been
successful previously.
Commissioner Clyman asked if the City, property owners or homeowners assume
maintenance of the rain garden.
City Engineer Quanbeck stated the pond would be maintained by the City and the rain
garden is the shared responsibility of the property owners.
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Ms. Weinzierl noted that the Churchill Farms was her folks' property so she knows the
history very well, and hopefully the Churchill Ridge will be a beautiful development.
MOTION by Commissioner Musliner, seconded by Commissioner Wilson to approve the
request by Mary Weinzierl for a preliminary plat for "Churchill Ridge" for 11 single-family
lots, for property located at 18820 County Road 24. Roll Call Vote. 7 Ayes. Motion
passed.
B. WELMAN SPERIDES ARCHITECTS. (2005111)
Chair Weir introduced the request by Welman Sperides Architects for a site plan
amendment, conditional use permit amendment, and variances to allow a church expansion
for Plymouth Covenant Church located at 4300 Vicksburg Lane North.
Planner Doty gave an overview of the October 11, 2005 staff report. Planner Doty stated
the applicant has requested additional time to reduce the amount of variances requested
with their application and recommended that the Planning Commission open the public
hearing and continue it to a date uncertain.
Commissioner Clyman asked if there is an agreement between the City and the church
regarding parking buses and cars on the church lot.
Planner Doty said there is an agreement and the plan at this time is for the agreement to
continue.
Chair Weir opened the public hearing. As there was no one present to speak on the item,
Chair Weir continued the public hearing.
MOTION by Commissioner Wilson, seconded by Commissioner Holmes, to continue the
request by Welman Sperides Architects for a site plan amendment, conditional use permit
amendment, and variances to allow a church expansion for Plymouth Covenant Church
located at 4300 Vicksburg Lane North. Vote. 7 Ayes. MOTION approved.
C. DJR ARCHITECTURE, INC. (2005121)
Chair Weir introduced the request by DJR Architecture, Inc. for "Plymouth Crossroads
Station" for rezoning, preliminary plat, and PUD general plan for redevelopment of the
Plymouth Shopping Center area, located south of Highway 55 and east of Cottonwood
Lane North.
Planner Drill gave an overview of the October 14, 2005 staff report.
Commissioner Clyman asked if Outlot B would be part of the PUD.
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Senior Planner Drill said it would be zoned PUD, but would have separate approval of a
PUD General Plan.
Commissioner Musliner asked where the Cottonwood Lane residences are in relation to the
proposal.
Senior Planner Drill said part of a frontage road would abut the Cottonwood Lane
neighborhood, but they are not requesting to use any of the Cottonwood Lane properties for
this proposal.
Chair Weir introduced the applicant, Dean Dovolis, DJR Architecture. Mr. Dovolis said
the key function with this proposal is to design the connection of the frontage road to Co.
Rd. 73 which is going to be realigned. He said land holdings have been reserved to allow
that realignment to occur. Mr. Dovolis reviewed the proposal and said it is a four-sided
development designed to connect to the trail system on the south side, and ties to Co. Rd.
73 and the new transit station. Mr. Dovolis said components of the proposed development
work around retail, the transit center, and possibly redeveloped housing in the future. Mr.
Dovolis said the architecture and layout are dual purpose to serve pedestrian and traffic
needs. Mr. Dovolis displayed drawings of the development.
Mr. Dovolis said in order to preserve existing tenants, new retail buildings on the east side
of the property would be built in the first of two phases. He displayed drawings of building
fronts depicting a variety of heights, with masonry and glass as primary materials, and
signage incorporated into a line on each building. Mr. Dovolis showed a central court and
activity spaces. Mr. Dovolis said both front and rear of the retail spaces are treated with
the same quality materials and store front accesses are worked into both sides of the
development, so there are not a lot of service doors. He said the Holiday let them design
the gas station with no car wash, allowing for glass on all sides. Mr. Dovolis said Latuff's
wants to expand their operation and add outdoor dining. He said other tenants include
Foresters Meats and Canyon Grill, which is a family-oriented steak house.
Chair Weir opened the public hearing.
Chair Weir introduced Daniel Lafontaine, 11400 5th Avenue North. Mr. Lafontaine said he
agrees that the Plymouth Shopping Center is old and an eyesore. Mr. Lafontaine stated
when the creek was filled, it changed the flood level. He said he discussed the creek
problems with Dan Faulkner, City Engineer. Mr. Lafontaine said a major concern is the
impact to the water shed and that issue has not been addressed in the current plan. He
added the creek takes a tremendous amount of water when it rains. Mr. Lafontaine said he
built his home in a wooded neighborhood and doesn't want multi -family and two-story
buildings built behind him. Mr. Lafontaine said he is opposed to changing the current
LA -1 guiding of the residential properties.
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Chair Weir introduced Bruce Thompson, 11018 Old Co. Rd. 15. Mr. Thompson said he
has lived directly adjacent to the site at the southeast corner for 32 years. Mr. Thompson
said he saw the site being filled in 1982 and contacted the City, and was assured all permits
were obtained. He said he has contacted the DNR and Army Corp of Engineers, and
understands permits were not issued in 1982. Mr. Thompson said he is concerned about
drainage. He said the creek drains from a number of neighborhoods near the Ridgedale
area and ultimately to Medicine Lake. He said typically after a normal rainfall, the stream
is heavy for 1 to 1.5 weeks. Mr. Thompson questioned what the fill material is, and asked
if there are appliances and construction debris in the fill. Mr. Thompson said when the
City was looking at this site for the transit station, they found soil problems. Mr.
Thompson said he is concerned about the density of the proposal. He said the development
would be approximately twice the square footage of the existing shopping center, and there
would be much more traffic being generated. Mr. Thompson said he has not seen traffic
studies and asked how traffic would flow with the proposed access points, particularly on
the western side with a lot of traffic concentrated in a small area. Mr. Thompson noted the
larger of the retail areas has the smaller parking lot adjacent to it. Mr. Thompson said
there is a problem with traffic circulation on the site. Mr. Thompson questioned the
necessity for this much development as it is more dense than other developments and
Waterford Plaza has a 40% vacancy rate. Mr. Thompson agreed that the center needs some
rehabilitation, and said it used to have a hardware store, grocery, and drug store, all
walkable from the neighborhood.
City Engineer Quanbeck said he is not familiar with the entire history of the fill, but
understood permits were approved. He said they have not been contacted by the Army
Corp of Engineers or the DNR regarding enforcement issues.
Planning Manager Senness said all concerns raised would need detailed analysis for the
Planning Commission. She asked Mr. Kennedy to address the fill issue.
Jerry Kennedy, 11255 State Hwy. 55, said when he bought the property from Schiebe's 28
yrs ago, it was filled. Mr. Kennedy said Schaffer Road Construction who was doing work
on Hwy. 169, added fill in 1994. He said permits were obtained for that fill. He added that
the fill material is dirt, and there are no appliances or debris in the fill. Mr. Kennedy said
there are 6 or 7 acres of DNR wetland behind the fill area, and the wetland was not filled.
He added the Corp of Engineers, DNR, Bassett Creek Watershed and City were all present.
Chair Weir asked about the condition of the soil.
Planning Manager Senness said the City had soil borings done for the transit station and
knows there are problematic soils on the eastern end which would require extra work in
order for construction to occur.
Planning Manager Senness said there have been a number of traffic studies done with
previous proposals and added that traffic is one of the issues that will be looked at.
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Planning Manager Senness responded to the comment on Waterford Plaza and said the
owners are remodeling and constructing a new building closer to Highway 55 to make it
more comparable to commercial developments being built today.
Planning Manager Senness discussed the density issue and said generally when you have
redevelopment on part of a site, you have greater intensity on that site to make it work.
Mr. Dovolis added this is probably lower end density for retail development of modern
standards. He cited the Main Street in Maple Grove as a higher density. Mr. Dovolis said
the nature of the site and the view lines for this proposal have good balance, rather than one
big box - which doesn't make sense for the neighborhood and the smaller tenants like
Latuff's.
Chair Weir introduced Michael Siskin, 535 Evergreen Lane. Mr. Siskin said he has been
here in 2000 and 2002 for other proposals and agrees it makes sense to redevelop, but to do
it tastefully, with a low profile, preserving wetlands and scaled properly. Mr. Siskin said
he is concerned about redevelopment creeping toward his property. He said when Toll
Company proposed a redevelopment, they asked the City for tax increment financing to
make the project economically feasible. Mr. Siskin said many neighbors came to the last
proposal when apartments were proposed. He said neighbors would be there tonight if they
knew what was being discussed. He said a modest retail shopping center is appropriate for
the area. Mr. Siskin said many neighbors moved there knowing there was a shopping
center and highway, and built homes with wetlands in their back yards. Mr. Siskin said he
is concerned there would be a change in the density, planning and guiding of the
Cottonwood Lane properties that he is not in favor of. Mr. Siskin said to let the shopping
center stand alone and not change the guiding on the Cottonwood Lane properties.
Chair Weir said the public hearing will be continued to a date uncertain.
MOTION by Commissioner Anderson, seconded by Commissioner Murdock, to continue
to a date uncertain the request by DJR Architecture, Inc. for "Plymouth Crossroads
Station" for rezoning, preliminary plat, and PUD general plan for redevelopment of the
Plymouth Shopping Center area, located south of Highway 55 and east of Cottonwood
Lane North. Roll Call Vote. 7 Ayes. MOTION approved.
7. NEW BUSINESS
A. INTERIM ORDINANCE TO CONSIDER GUIDING OF PROPERTIES ON
COTTONWOOD LANE SOUTH OF HIGHWAY 55 (2005080)
Chair Weir introduced the request by staff to review and discuss potential land use guiding
and zoning changes for the 12 lots located on Cottonwood Lane south of Highway 55 and
make a recommendation on future guiding and zoning of this area.
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Planning Manager Senness gave an overview of the October 7, 2005 staff report.
Chair Weir asked how these lots interface with the proposal by DJR Architecture for the
shopping center.
Planning Manager Senness said these properties are on the western side of the proposed
redevelopment.
Commissioner Anderson asked what the affordable rate is for housing in Plymouth and if
these 12 homes fit that category.
Planning Manager Senness advised the affordable rate is around $200,000 and many of
these homes are in that category.
Commissioner Anderson asked if the current homeowner would be allowed to sell their
home if it is reguided to LA -4. She asked if a deck or a two-story addition could be added.
Planning Manager Senness said LA -4 should not impact a homeowner selling his home.
Planning Manager Senness explained that legal, non -conforming uses would continue. She
said building improvements could occur, if complying with setbacks, until someone would
redevelop.
Commissioner Anderson asked if the developer had talked to the Cottonwood Lane
homeowners.
Mr. Dovolis said he presented the planned use to the homeowners, and said they were
willing to purchase homes. He said several neighbors were interested and generally liked
the nature of the development. Many said "show me" when it's approved and then they
would discuss.
Commissioner Wilson questioned the need to change the guiding.
Planning Manager Senness explained that there is now an application for the site which
would considerably intensify the shopping center and affect the adjacent site. She said
developers were looking at property that could be subdivided to produce addition single
family homes in an area that does not have good transition, as there is PI guiding on one
side and the shopping area on the other. Planning Manager Senness said it raised the
question of appropriate long term use for this area and whether it is a viable area for 12
single family lots to remain.
Commissioner Clyman asked what density is allowed in LA -4 and asked what size the 12
lots are in the Cottonwood Lane area.
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Planning Manager Senness advised that 12-20 units per acre would be allowed. She said
the lots vary in size from 10,600 feet to about two acres.
Commissioner Clyman said right now there are 12 homes that fit into the City's affordable
range. He asked if this area is redeveloped, if there would be opportunity for new
affordable housing or will we hear it's too expensive to develop.
Planning Manager Senness said given the age and style of homes, it is more likely to see
redevelopment occur than someone coming in to live in those homes. She said the City
does work with a developer to provide affordability and when Mr. Dovolis had housing in
a previous proposal, the affordability component was raised.
Mr. Dovolis concurred that this site does have the potential for affordability. He added this
is the one spot in the City where you could live with limited use of a car as the
development would offer many services including transit and retail.
Commissioner Clyman said he is glad to hear that because the transit hub would bring
growth to the commercial area and there could be housing right there, even senior housing.
Chair Weir introduced Daniel Lafontaine, 11400 5th Avenue North. Mr. Lafontaine said he
doesn't see why this should be combined with the redevelopment of the shopping center.
He concurred with Commissioner Wilson that there is no reason the residents cannot stay
there. He said they are happy there, and they are isolated by a natural buffer. Mr.
Lafontaine said the proposed redevelopment will have higher density, and for him it is a
change from a natural, quaint neighborhood. At a previous meeting with at least 50-70
residents, everyone spoke out strongly against development in that neighborhood. Mr.
Lafontaine stated that had those neighbors known that their property was being tagged onto
the proposed redevelopment of the Plymouth Shopping Center, they would be here to
speak out very loudly against it. He said he felt that the City is trying to steam roll this
through.
Planning Manager Senness stated the neighbors did receive notice that this issue would be
on the agenda.
Chair Weir introduced Joe Cavanaugh, 3220 Niagara Lane N. Mr. Cavanaugh said he has
a lot on Cottonwood Lane. He said the moratorium that is on right now doesn't give him
many options to use his lot. Mr. Cavanaugh said he either he wants to build a house or
have it reguided LA -4, which he thinks would work best. He doesn't want to have his lot
tied up and would like to get on with it.
Commissioner Anderson asked if Mr. Cavanaugh can build or has to wait until all the land
adjacent is sold.
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Planning Manager Senness said the LA -4 would allow him to develop a duplex, but not a
single family home.
Commissioner Anderson asked if this would contribute to "piece meal development".
Planning Manager Senness responded that unless the area is controlled by one developer,
there is always the option of piece meal development.
Chair Weir introduced Michael Siskin, 535 Evergreen Lane. Mr. Siskin asked if the
Cottonwood neighbors feel the transition concern as much as here. He said it is
disconcerting to hear a developer come to the City to ask for financing to develop
affordable housing and asked who is representing the Cottonwood neighborhood. He said
there is no shame in having $200,000 homes. He questioned tearing down homes to build
new homes that are equally affordable. Mr. Lafontaine said we all operate by rules, and
doesn't like rules being changed midstream to benefit a developer. Mr. Lafontaine said
there is a church there, substantial woods and wetlands and people are very happy there.
He said if the developer gives the homeowners $200,000 plus a premium, good luck
finding another home for $200,000 with private wooded views.
Commissioner Wilson asked for clarification regarding notifications sent to the residents.
Planning Manager Senness stated that notice were sent to property owners and clarified
that no action would be taken based on the discussion. The City Council will determine
what they want staff to initiate regarding reguiding and rezoning under a public process.
At that time, additional notification would occur. She reiterated this is just the beginning
of that process.
Commissioner Anderson said she has serious concerns about this, and said it seems like we
are "putting the cart before the horse". She said we don't have any idea if the developer
can purchase homes, or if the homeowners are willing to sell. She said if there were no
moratorium Mr. Cavanaugh could develop his land. Commissioner Anderson said we need
to find out what is going to happen and said she feels we are neglecting the rights of
property owners. Commissioner Anderson said she does not think we should move
forward at all.
Commissioner Musliner asked if we do nothing now, what would trigger us looking at it in
the future.
Planning Manager Senness said if a developer gained control of all the properties and
requested a change, the City would review the guiding. She said a decision must be made
for it to stay the way it is or reguide, and address the moratorium within 12 months of July,
2005, unless the City reguides before that date.
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Commissioner Anderson noted the City Council expressed a desire to have this developer
driven and asked why the City is moving forward and not having a developer bring this
forward.
Planning Manager Senness said there are some developers interested in developing some of
the lots on Cottonwood and other developers interested in the redevelopment of the
shopping center.
Joe Cavanaugh said he is concerned about the neighborhood being pushed out. He
concurred with Planning Manager Senness, and said if the land is guided to LA -4 people
can have discretion and be on their own time frame. Mr. Cavanaugh said if the direction
and opportunity are laid out, and if the zoning is there, people can take it as it comes - it is
a win-win.
Commissioner Holmes said he has reviewed this property several times and said we need
to look at the current zoning and conclude to leave it the way it is or recommend changes
and go through with those changes. Commissioner Holmes said this is a difficult property
sandwiched between two uses and we need to provide guidance to the property owners
today and for future owners. He said we are already seeing established housing stock on
larger acreage lots being subdivided and then two or three single family homes are built.
Commissioner Holmes said based on that, we would best serve the citizenry by reviewing
what it is and what they can expect and go through that process.
Commissioner Holmes suggested initiating a study, but not rezoning.
Chair Weir introduced Earl Fischer, 18020 Co. Rd. 6, who stated no one contacted him
about purchasing property. Mr. Fischer said he doesn't care which way this goes, just so it
goes. He said the existing homes are aged, and the City changes every 30-40 years. A
change would rejuvenate the area and could still be affordable, just a little more upscale.
Mr. Fischer said he is just waiting for the word, and he is fine with single-family or twin
homes and the density for lower income.
Commissioner Anderson said if the study is already completed, and in a matter of time the
shopping center will be completed, then go forward with a study of the Cottonwood Lane
neighborhood. She said we are doing this prematurely, and said it is her feeling more
people would show up since this is considerable change. Commissioner Anderson said she
is not against the change, but they are having a discussion that is premature.
Commissioner Musliner said this would have been more clear cut if the developer owned
all of the properties.
Planning Manager Senness said they are trying to balance the fact that some of the people
do not want to move or change. This would prevent the addition of single family homes in
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the area, while being sensitive to low density to the south and create proper transition as
well.
Commissioner Musliner said the church on the west would be a good neighbor for single
family, and asked why density is a better transition to shopping center than single-family
homes.
Planning Manager Senness explained that with higher density you can cluster where the
development is, and the intensity in the uses is more similar and compatible.
Commissioner Musliner said the 2 homeowners present who are interested in LA -4 guiding
would start the "piece meal process".
Commissioner Clyman said he thinks this discussion should coincide with the commercial
area development as they are closely related. He said they need to make a decision to
remove the moratorium. Commissioner Clyman said the City is making an investment in
the transit in the area, and the higher density lends itself well.
MOTION by Commissioner Clyman, seconded by Commissioner Anderson, to consider
reguiding of properties on Cottonwood Lane South of Highway 55 to coincide with the
discussion of the redevelopment of the commercial property.
Commissioner Clyman asked if density is increased, if it is possible to make adequate
transition for properties to the south.
Commissioner Wilson said it would be helpful if the developer has ideas for using some of
this land in the proposed commercial development.
Commissioner Anderson asked for examples of how "piece meal development" would
impact later development and also homeowners' property values.
Commissioner Murdock asked why single-family homes are shown on commercially
guided property.
Planning Manager Senness said historically there have been guiding and zoning changes
over the years and those two properties stayed with commercial zoning and the others went
back to single family.
Roll call vote. 6 ayes. MOTION approved. Commissioner Holmes voting Nay.
8. ADJOURNMENT
MOTION by Commissioner Holmes, seconded by Commissioner Musliner, to adjourn the
meeting at 9:26 p.m.