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HomeMy WebLinkAboutPlanning Commission Minutes 06-09-1998APPROVED CITY OF PLYMOUTH PLANNING COMMISSION MINUTES JUNE 9, 1998 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners John Stoebner, Kim Koehnen, Roger Berkowitz (arrived at 7:09 p.m.), Jeff Thompson (arrived at 7:50 p.m.) and Bob Stein MEMBERS ABSENT: Commissioner Allen Ribbe STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Supervisor Barb Senness, Planners Kendra Lindahl and Shawn Drill, City Engineer Dan Faulkner, and Clerical Supervisor Denise Hutt 1. CALL TO ORDER: 2. PUBLIC FORUM: 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES: MOTION by Commissioner Koehnen, seconded by Commissioner Stoebner to approve the May 26, 1998 Planning Commission Minutes. Vote. 4 Ayes. MOTION approved unanimously. 5. CONSENT AGENDA: A. WILLIAM AND JOYCE WILLIAMS (98044) Chairman Stulberg introduced the request by William and Joyce Williams for Lot Division and Variance to create a new single family lot at 1235 Peony Lane North. MOTION by Commissioner Stoebner, seconded by Commissioner Koehnen recommending approval of a Lot Division and Variance for William and Joyce Williams for property located at 1235 Peony Lane North. B. STANLEY SKYTTE (98072) Chairman Stulberg introduced the request by Stanley Skytte for Variances to allow construction of an 8 -foot by 20 -foot garage expansion in the front yard and a 12 -foot by 16 -foot porch in the rear yard at 17205 2nd Avenue North. APPROVED Planning Commission Minutes June 9, 1998 Page #111 MOTION by Commissioner Stoebner, seconded by Commissioner Koehnen recommending approval of a Variance request for Stanley Skytte for property located at 172052 nd Avenue North. Vote. 4 Ayes. MOTION approved unanimously. 6. PUBLIC HEARINGS: A. CITY OF PLYMOUTH (98079) Chairman Stulberg introduced the request by the City of Plymouth for a Comprehensive Plan Amendment to add trails to the Sidewalk/Trail System Plan. Planner Drill gave an overview of the June 3, 1998 staff report. Chairman Stulberg opened the public hearing. A member of the audience asked where the trail would be on 36th Avenue. Planner Drill replied the trail would be located on the north side of 36th between Pilgrim Lane and Zachary Lane. Director Hurlburt added that this segment is near Armstrong High School. Chairman Stulberg closed the public hearing. MOTION by Commissioner Koehnen, seconded by Commissioner Berkowitz recommending approval of an amendment to the Sidewalk/Trail System Plan of the Plymouth Comprehensive Plan. Commissioner Stein stated that he read there may be a possibility of blinking lights located somewhere near Armstrong High School. Director Hurlburt explained that the City Council directed staff to investigate the possibility of using trail crossing lights at some locations, but the Trail Plan does not address specific details. Roll Call Vote. 5 Ayes. MOTION approved unanimously. B. CITY OF PLYMOUTH (98086) Chairman Stulberg introduced the request by the City of Plymouth for Reguiding from CO Commercial Office) to CC (City Center) and a Rezoning from O -R (Office Residential) to CC -RE (City Center, Retail/Entertainment) for the roughly four -acre parcel on the northwest corner of Highway 55 and Vicksburg Lane, south of 35th Avenue extended. Planning Supervisor Senness gave an overview of the June 4, 1998 staff report. APPROVED Planning Commission Minutes June 9, 1998 Page #112 Commissioner Berkowitz asked what consideration is given to keep the area surrounding the site pedestrian friendly. Planning Supervisor Senness stated that regardless of what happens with the request, the Streetscape Study will address better and special pedestrian crossings, signage, lighting, and possibly center medians. Commissioner Stein asked what staff would envision the use of the site to be. Planning Supervisor Senness said that the CC -RE District allows theaters, video stores and restaurants. Director Hurlburt commented that there would most -likely be a restaurant on the corner since it is such a high-profile area. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Ronnie Johnson of 16045 36th Place North. Ms. Johnson said that she represents the residents of Sugar Hills and most likely the residents of Sugar Hills townhomes. Ms. Johnson stated that it is difficult for the residents to address the issue when both proposals are on the same agenda. She said that their issues with the proposal pertain to the intensity of the project, increased traffic, congestion of the area, lack of parking, and on-going changes of the site regarding rezoning. Ms. Johnson commented that the residents believe that Highway 55 and Plymouth Boulevard would be the designated gateway to City Center, as the area is already well landscaped and the buildings are nicely spaced. She said that the Mann Theater makes a cold statement and there are no facts or compelling reasons for Vicksburg Lane and Highway 55 to be the gateway entrance. Ms. Johnson said that rezoning and reguiding does not need to be done in order to achieve a pleasant entry way. She stated that the City does have control as to what goes into that corner; therefore, the site doesn't require rezoning. Ms. Johnson stated that the residents want the proposal to be denied. Chairman Stulberg commented that all letters received are part of the public record. Chairman Stulberg introduced Jeff Pepski of 3630 Yuma Lane. Mr. Pepski stated that the City Center Plan intended Highway 55 and Plymouth Boulevard to be the gateway. He said that the Mann Theater serves as a barrier to City Center and that the City Center Plan should be re-examined. Mr. Pepski stated that the land west of Vicksburg Lane was never included in the City Center District and shouldn't be now. Mr. Pepski said that inclusion of the land would not be good for pedestrian traffic. Mr. Pepski stated that with all the heavy traffic on Vicksburg Lane, it appears that it could become a county road. Mr. Pepski wanted to know if the future use of Vicksburg Lane has been given proper study. Mr. Pepski stated that if there is a purchase agreement between Harstad Hills and the funeral home, the City would be wrong to interfere. Mr. Pepski asked if the city attorney is aware of a purchase agreement, and if so, what is his opinion. APPROVED Planning Commission Minutes June 9, 1998 Page #113 Chairman Stulberg introduced Rick Sathre, representing the property owners of the site. Mr. Sathre requested that the City's request be set aside until after the public hearing is conducted on Mr. Harstad's proposal. Mr. Sathre stated that the fee owners did enter into a purchase agreement with Washburn McReavy. Mr. Sathre stated that the owners are opposed to the request as the reguiding would preclude a funeral home. Mr. Sathre said that they talked with city staff early on regarding whether the City Center guiding come across Vicksburg Lane, but the owners decided they didn't want that. Mr. Sathre stated that the owners thought a more traditional style of development would be appropriate for the site which would include green space next to the streets and a 50 to 60 foot setback from Vicksburg Lane and a 100 foot setback from Highway 55. Mr. Sathre said the owners are not in favor of knocking out Washburn McReavy for a restaurant with a 20 foot setback. Chairman Stulberg introduced John Edson, representing Washburn McReavy. Mr. Edson said Washburn McReavy entered into a purchase agreement with the fee owners of the property in March, 1996. He said that on March 22, 1996 he met with city staff to show them preliminary drawings for the funeral home. Mr. Edson stated that city staff has been aware of the various issues involved with the site. Mr. Edson said that the only thing he was told about a recent meeting about the site was that it would involve a discussion of the most recent traffic study and it wouldn't affect Washburn McReavy. Mr. Edson stated that he wasn't aware of the City's proposal until he called Director Hurlburt, and didn't know about the recommendation of denial for the Harstad request until the staff reports were faxed to him. Mr. Edson stated that it is unfair to the owners for the City to request a reguiding and rezoning. He said it was discussed at the council level whether the parcel should be included in the City Center District, and the idea did not get any support. Mr. Edson stated that his client proceeded with their plans based on that decision. He said that Washburn McReavy has spent between $50,000 to $75,000 on the project thus far, and the developer has spent money on the traffic study. Mr. Edson stated that Washburn McReavy would be a good neighbor, and a good proposal for the City. Chairman Stulberg introduced Tiffane Ferrer of 16000 37th Avenue North. Ms. Ferrer stated that she agrees with all the previous comments and issues raised by the residents. Mr. Ferrer stated that the request should be denied, and stated her concern of what the City would allow on the site, especially considering how the theater looks now. Chairman Stulberg closed the public hearing. Planning Supervisor Senness stated that the first notice for the City's request for reguiding was sent out right after the May 12th meeting, and the second notice on May 29th Director Hurlburt noted that Washburn McReavy would not have received a notice since they are not the property owner. APPROVED Planning Commission Minutes June 9, 1998 Page #114 Chairman Stulberg stated that nobody is reguiding anything at this point. He said that the Commission after following the process, may vote to reguide it. Chairman Stulberg explained that the City has the ability to re-examine the Comprehensive Plan, and hold a public hearing for a change. Chairman Stulberg said that the request was not brought forward to block anyone's proposal. He stated that whether someone has a purchase agreement or not, it does not enter into the decision. Chairman Stulberg stated that City staff may have known about the purchase agreement, but the Commission did not. Planning Supervisor Senness stated that staff has a different point of view on what the theater represents. She stated that the theater is a positive anchor for the district, and not a barrier. She said that the streetscape study consultant saw the theater as the major focal point of the City Center District, and that Vicksburg Lane is an arterial street and does carry a large portion of traffic. Director Hurlburt stated that the City Center Plan does not designate Plymouth Boulevard as the main entrance. She said that because Vicksburg Lane carriers the majority of the traffic, it automatically becomes the focal point and is a statement of reality. The City Center Plan recognizes that the visibility from Highway 55 is important, but is trying to avoid a sea of parking lots. Director Hurlburt stated that the request is not an attempt to change the City Center Plan, but re -enforce it. City Engineer Faulkner stated that Vicksburg Lane is a designated an arterial and will carry a large portion of traffic, and will continue to function that way. He said that it serves the same function regardless if it is a city street or county road. City Engineer Faulkner gave examples of the various designation of roads, stating that Highway 55 is classified an intermediate arterial, Vicksburg Lane, Peony Lane and Northwest Boulevard are minor arterials, Zachary Lane and Fernbrook Lane are major collectors and residential streets are minor collectors. Commissioner Koehnen asked if any part of Vicksburg Lane was ever a county road. City Engineer replied not to his knowledge. Planning Supervisor Senness stated that the City's objective is to determine what is the best use of the property. She stated the issue of reguiding came up as part of the Streetscape study. Director Hurlburt stated that there are typically purchase agreements involved when an application is received, but that does not interfere with the decision made on a request. She said that the issue was discussed with the city attorney, and he stated that it is not an unusual situation, and it is not really a matter for the City to consider. She explained that a land owner does not have a vested right in their zoning until building permits are pulled. She said that Washburn McReavy has never made an application to the City. Director Hurlburt commented that all the City has received is a plat from Harstad Hills, and the APPROVED Planning Commission Minutes June 9, 1998 Page #115 City does not have the funeral's home information. Director Hurlburt said that the funeral home is not an undesirable use, but just not on the corner. Commissioner Stein asked if the site is reguided to CC -RE, is the zoning requirement for the building to be 20 foot build to. Planning Supervisor Senness replied affirmatively. Commissioner Berkowitz asked if all the City Center Zoning Districts require the same setbacks. Planning Supervisor Senness replied affirmatively. MOTION by Commissioner Koehnen, seconded by Commissioner Thompson to table the decision until the public hearing is held on Item 6C. Roll Call Vote. 3 Ayes. MOTION approved on a 3-2 Vote. (Commissioners Berkowitz and Stein voted Nay.) Commissioner Thompson abstained.) C. HARSTAD HILLS, INC. (98018) Chairman Stulberg introduced the request by Harstad Hills, Inc. for a Preliminary Plat for five lots for a future residential/commercial development located at the northwest quadrant of Vicksburg Lane and Highway 55. A Land Use Guide Plan Amendment from C -O (Commercial Office) to C (Commercial) and a Rezoning from O -R (Office Residential) to C-3 (Highway Commercial) for three of the lots is also required. Planner Lindahl gave an overview of the June 4, 1998 staff report. Planner Lindahl stated that Condition #8 of the Preliminary Plat resolution should say sidewalk on both 36th Avenue and 35th Avenue. Commissioner Koehnen asked why both would be a sidewalk. Planner Lindahl replied that the City can't require a trail on 36th Avenue since it is not shown on the Trail Plan, but a sidewalk can be required as part of the Preliminary Plat. Commissioner Berkowitz asked if the sidewalk is on both sides of 35th Avenue. Planner Lindahl responded that the sidewalk would be just on one side right for now, as staff doesn't know for sure what is going in yet and how much foot traffic it will generate. Commissioner Thompson questioned how important is the criteria that no new information has been provided to support a change to the land use guide plan element of the Comprehensive Plan versus the other findings. Planner Lindahl explained that it probably isn't as important as some of the other findings, but it is important to look at the overall issues. Commissioner Stein asked how long the cul-de-sac is. Planning Supervisor Senness replied about 700 feet. Director Hurlburt stated that 750 feet is normally the furthest that would be approved. APPROVED Planning Commission Minutes June 9, 1998 Page #116 Commissioner Stein asked if the applicant would still want the plat approval if the land use guide plan amendment is denied. Planner Lindahl replied that it would be up to the applicant. Chairman Stulberg introduced Rick Sathre, representing the fee owners. Mr. Sathre presented various guide plan maps and gave an overview of the history of the site. He stated that the office use for the site has been reconfirmed by the City Council with a designated access from 36th Avenue. Mr. Sathre stated that as plans evolved for the City Center District, his clients never knew if 35th Avenue would be approved. Mr. Sathre stated that the residents of Sugar Hills asked Mr. Harstad to shift all traffic to 35th Avenue. Mr. Sathre stated that the property owner can only afford to put the infrastructure in for another access if the site is reguided to commercial. Mr. Sathre said that the purchase agreement was entered into with Washburn McReavy because the traffic associated with the use is so low and it would work with the City's overall goals as a low peak hour traffic generator. Mr. Sathre said the proposed plan is compatible with the seniors, as they can walk to restaurants, banking, and shopping. Mr. Sathre said that the request to reguide is to work out a win-win solution with the Sugar Hills residents and take traffic off of 36th Avenue. Mr. Sathre stated that two lots are over 200 feet at the primary front setback at Highway 55. He said that all three requests are tied together, and that they need to have reguiding approved in order to put in 35th Avenue. Chairman Stulberg asked the applicant if the plat would go forward if the reguiding is denied. Mr. Sathre answered that they need the reguiding in order to put in 35th Avenue. Commissioner Stein asked the applicant what they thought of the access off of 36th Avenue for the skilled living facility. Mr. Sathre stated that it would make sense, and the traffic study could support that. Director Hurlburt stated that the recommendation of the preliminary plat does not approve access, and that it is deferred to the site plan stage. Commissioner Stein asked if the uses are being approved. Director Hurlburt replied negatively, only the individual lots. Commissioner Stoebner asked if the applicant would withdraw the preliminary plat request if the reguiding and rezoning is denied. Mr. Sathre replied that the proposals are all tied together. Director Hurlburt stated that they are totally different proposals, and the City is obligated to act on their application. She said that the Commission has to take some action on the plat. Chairman Stulberg opened the public hearing. APPROVED Planning Commission Minutes June 9, 1998 Page #117 Chairman Stulberg introduced Jackie Brennen of 3665 Black Oaks Lane. Ms. Brennen stated that she is concerned about pedestrian safety. She asked how residents can get safely across to the proposed sidewalk on the south side of 36th Avenue. She asked if it is part of the City's policy and procedure to talk with surrounding residents about proposed applications. Chairman Stulberg introduced John Edson, representing Washburn McReavy. Mr. Edson said he would be available for questions. Chairman Stulberg introduced Ronnie Johnson of 16045 36th Place North. Ms. Johnson, stated the she is concerned with the intensity and density of the project and the impact on the tree buffers. Ms. Johnson said that she was told by Mr. Harstad, various realtors, and city staff that the tree buffers would remain. Ms. Johnson indicated that there are documents on file that the City was aware that the 100 -foot tree buffers would remain. Ms. Johnson stated she was concerned with the impact on traffic and parking. She stated that additional retail and restaurants will continue to increase the traffic and noise and will negatively impact the environment. Ms. Johnson said that the assisted living center is a 24-hour business, and will negatively impact traffic and noise at night with emergency vehicles going into the site. Ms. Johnson asked if the O -R guiding negates the necessity for the tree buffers. Ms. Johnson asked that as the buildings are being designed, that the back parts be as solid as possible with minimal windows and lights. The site design should also examine the traffic patterns associated with the uses. Chairman Stulberg introduced Jeff Pepski of 3630 Yuma Lane. Mr. Pepski stated that he is opposed to the reguiding and rezoning. He said that any changes other than office zoning would be improper at this time. Mr. Pepski stated that there seems to be a conflict regarding the woodlands in the two staff reports. Mr. Pepski stated that two-thirds of the trees would be removed from the site. He said that the tree buffers need to be maintained. Mr. Pepski stated that Mr. Harstad has made representation to the homeowners directly or through realtors regarding keeping the buffer zones. Mr. Pepski suggested that a condition be added to the resolution requiring inclusion of the buffer zone. Mr. Pepski stated that there was an error in the traffic study and asked what proposals were done using that error. Mr. Pepski stated that the site plan doesn't portray the correct right-of- ways or easements, as MnDot states something else in their letter. He said that there needs to be an accurate site plan before anything is approved. Chairman Stulberg introduced a letter dated June 9, 1998 from Teresa Tembreull of 3605 Zanzibar Lane and a letter dated from staff to Roger and Carol Handberg of 3630 Zanzibar Lane. Chairman Stulberg introduced Martin Harstad of 1141 Black Oak Drive. Mr. Harstad stated that he tried to do something with the corner prior to the residents going in. He said that contrary to statements being made, he has tried to be up -front with everyone. APPROVED Planning Commission Minutes June 9, 1998 Page #118 Mr. Harstad said that the City would only allow access from 36th Avenue, and when O -R evolved, he told residents that. Mr. Harstad stated that he put in 36th Avenue in anticipation of the office building. He said that when residents asked for 35th Avenue, that is when the issue of the buffering came up, but he only talked about wetlands and setbacks, not trees. Chairman Stulberg introduced Bruce Johnson of 16045 36th Place. Mr. Johnson stated they had a neighborhood meeting and saw colored drawings of the tree buffers and made their decision based on those drawings. Mr. Johnson presented a petition dated June 9, 1998 opposing the request for reguiding and rezoning. Chairman Stulberg introduced Edwin Miguelucci of 16100 36th Place. Mr. Miguelucci stated that he was one of the first four properties developed in Sugar Hills, and was told by Burnet Realtors that there would be a 100 foot buffer maintained on the south border of 36th Avenue. Mr. Miguelucci stated that he lways knew that it would be developed as commercial, but was told by the planning department four years ago and again last year that the tree buffer would be maintained. Chairman Stulberg introduced Loretta Miguelucci of 16100 36th Place. Ms. Miguelucci stated that it would be unfortunate if the trees were taken away. Chairman Stulberg closed the public hearing. Mr. Sathre stated that MnDot was confused in their review of the plat, and the ownership line is correctly represented on the site plan. Mr. Sathre stated that there is a setback distance established by the ordinance. He said that if the reguiding and rezoning is denied, and the site is left O -R, there will be a breach in the trees for the access and development of the property. Planner Lindahl stated that there is a four way stop on Zanzibar and 36th and on Vicksburg and 36th for the residents to get to the sidewalk. She said that some neighbors don't want the sidewalk on the north side of 36th Avenue along their property. Planner Lindahl stated that a sidewalk on the south side of 36th Avenue can be required as part of a plat, and that having it along the south of 36th Avenue allows continuation of it, instead of crossing 36th Avenue and finishing it on the north side. Planning Supervisor Senness stated that the same land use guide plan criteria were used for both staff reports. Chairman Stulberg asked what types of uses, setbacks, and units are allowed under the O- R district. APPROVED Planning Commission Minutes June 9, 1998 Page #119 Planner Lindahl the O -R district is a transition district, primarily with an office use. She stated that uses allowed in the district would be offices, banks, medical offices, nursing homes, senior housing, and limited retail commercial activity. There would be 50 foot front yard setback required. Planner Lindahl stated that the City does not have any requirement for tree buffers in either the ordinance or under the old PUD. Planning Supervisor Senness stated that the City does have a tree preservation ordinance, and staff would look at how the plan meets the ordinance at the site plan stage of the application. She said that types of uses, density, and building heights limits are addressed in the zoning ordinance. Planner Lindahl stated that access on 36th Avenue is not approved or prohibited at this time. She said that 36th Avenue is intended as a through street and we can't prohibit the traffic. Chairman Stulberg said that to put restrictions on the hours and uses we would have to reguide and rezone. Director Hurlburt stated that it is not appropriate to place restrictions on the preliminary plat. Planner Lindahl explained that the site is not identified on the City Plan as having significant woodland stands. Director Hurlburt commented that staff recognizes that there are significant trees, but it doesn't show up on the map as a significant woodland stand. Planner Lindahl stated that the public hearing is designated as the forum for residents' comments pertaining to a particular application. Director Hurlburt stated that the opinion of surrounding land owners can not be used to justify a decision by staff or the Commission. City Engineer Faulkner stated that there was a mistake in the number of parking spaces listed under the theater, but the parking figures are informational items and don't pertain to the traffic generation. Director Hurlburt stated that several different scenarios were modeled for the theater site and the Harstad property. The recent traffic studies include the theater as it is built now. Commissioner Thompson asked if the applicant could cut down all of his trees if the application was denied. Director Hurlburt replied that he could do that if there was no application in process. She added that there is no restriction on a property owner clear cutting their land. Commissioner Thompson asked what role misrepresentation plays on the decision. Director Hurlburt responded that all testimony should be considered and weigh it against the staff report and all other factors. Commissioner Thompson asked how the Burger King, Arby's, New Dynasty cul-de-sac relates to the one being proposed. Director Hurlburt replied that the one being proposed APPROVED Planning Commission Minutes June 9, 1998 Page #120 is longer, and the existing cul-de-sac behind Burger King and Arby's is extremely congested at noon, even though it also has another exit out to the south. Commissioner Stoebner asked if a funeral home is permitted in the O -R district. Director Hurlburt replied affirmatively. Commissioner Thompson asked if a bank is also permitted. Director Hurlburt replied affirmatively. MOTION by Chairman Stulberg, seconded by Commissioner Koehnen to call back Item 813 (98086) for consideration. Vote. 6 Ayes. MOTION by Commissioner Stein, seconded by Commissioner Koehnen recommending approval of a Land Use Guide Plan Amendment for the City of Plymouth for property located at the northwest corner of Vicksburg Lane and Highway 55, south of 35th Avenue extended; Ordinance amending Chapter 21 (Zoning Ordinance) of the City Code to classify certain land located on the northwest corner of Vicksburg Lane and Highway 55, south of 35th Avenue extended; and, Findings of Fact for Rezoning of property located at the northwest corner of Vicksburg Lane and Highway 55, south of 35th Avenue extended. Commissioner Thompson stated that he did not see any new information coming to light, and the developer has spent time and money on a decision that was previously made by the City. Commissioner Stein stated that there should be something other than a mortuary on the corner. He expressed concern over the 20 -foot build to line, and asked if there is a way to amend that requirement. Director Hurlburt stated that there have been a number of plans in the City Center District that haven't been practical for a build to. She said that every site plan is unique and needs to be discussed individually. Director Hurlburt stated that there does need to be a good reason to deviate from the standard for justification of a variance. Commissioner Berkowitz stated that he does not see a compelling reason to bring the site into the City Center District. He said that even with a center median it is too intrusive to invite pedestrian traffic. Commissioner Berkowitz stated that having something built to the build to setback would not be too attractive. Commissioner Stoebner stated that he doesn't see a compelling need for the reguiding and rezoning. Commissioner Thompson said if this were a proposal to reguide the entire site or the eastern portion of the site, it would make more sense to tie it into the City Center District. Chairman Stulberg agreed with Commissioner Thompson that it may make more sense if it were a bigger piece of land. APPROVED Planning Commission Minutes June 9, 1998 Page #121 Roll Call Vote. 1 Aye. MOTION failed on a 1-5 Vote. (Commissioners Stoebner, Koehnen, Thompson, Berkowitz and Chairman Stulberg voted Nay.) MOTION by Commissioner Berkowitz, seconded by Commissioner Thompson recommending denial of the Land Use Guide Plan Amendment for the City of Plymouth for property located at the northwest corner of Vicksburg Lane and Highway 55, south of 35th Avenue extended; Ordinance amending Chapter 21 (Zoning Ordinance) of the City Code to classify certain land located on the northwest corner of Vicksburg Lane and Highway 55, south of 35th Avenue extended; and, Findings of Fact for Rezoning of property located at the northwest corner of Vicksburg Lane and Highway 55, south of 35th Avenue extended. Commissioners Berkowitz and Thompson stated that the site currently meets location criteria as presently guided; there was no compelling reason to reguide; the site still would be too intrusive for pedestrian traffic; and, it doesn't make sense to just include a small portion of the parcel into the City Center District. Roll Call Vote. 5 Ayes. MOTION approved on a 5-1 Vote. (Commissioner Stein voted Nay.) MOTION by Commissioner Thompson, seconded by Commissioner Berkowitz recommending approval of a Land Use Guide Plan Amendment, Rezoning and Preliminary Plat for Harstad Hills, Inc. for property located northwest of Highway 55 and Vicksburg Lane North. Commissioner Thompson stated that he made the motion only to address the issue on a positive note, but he did not hear any reasons to reguide the site. Commissioner Berkowitz stated that there are a number of uses allowed under the current zoning. He said that he has difficulty picturing the restaurants if they are high turnover because of the traffic impacts. Commissioner Koehnen asked since the preliminary plat was included in the motion, could it be brought up again if the current motion isn't approved. Director Hurlburt stated that another motion can be made. Roll Call Vote. 6 Nays. MOTION denied unanimously. MOTION by Chairman Stulberg, seconded by Commissioner Kohnen recommending denial of the Land Use Guide Plan Amendment and Rezoning for Harstad Hills, Inc. for property located northwest of Highway 55 and Visckburg Lane North. MOTION to Amend by Commissioner Thompson, seconded by Commissioner Berkowitz to remove Conditions #4, #6, and #7 from the resolution. Roll Call Vote. 3 Ayes. MOTION to Amend failed on a 3-3 Vote. (Commissioners Koehnen, Stein and Chairman Stulberg voted Nay.) APPROVED Planning Commission Minutes June 9, 1998 Page #122 Roll Call Vote on Main MOTION. 5 Ayes. MOTION approved unanimously. Commissioner Thompson abstained.) MOTION by Chairman Stulberg, seconded by Commissioner Stoebner recommending approval of a Preliminary Plat for Harstad Hills, Inc. for property located north of Highway 55, west of Vicksburg Lane, and south of 36th Avenue. Commissioner Stein asked what happens if the applicant needs to make changes to the preliminary plat. Director Hurlburt stated that any substantial change would have to come back to the Planning Commission for approval. Commissioner Berkowitz stated that he didn't want the applicant to have to spend a lot of time and money having to redo the preliminary plat. Chairman Stulberg commented that the Commission has very little discretion on denying a preliminary plat, and it would be difficult to attach findings to a denial. Roll Call Vote. 6 Ayes. MOTION approved unanimously. 7. NEW BUSINESS Commissioners Stein and Thompson stated they could not attend the meeting on June d. Commissioner Koehnen stated she could not attend the meeting on June 30t'` 23ror July 14th. Chairman Stulberg asked that the Commissioners be polled prior to the June 23rd meeting. MOTION by Commissioner Stoebner, seconded by Commissioner Koehnen to adjourn the meeting. Vote. 6 Ayes. MOTION approved unanimously The meeting was adjourned at 10:27 p.m.