1997-08-26 Planning Comm MinutesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSION MINUTES
AUGUST 26, 1997
The regular meeting of the Mendota Heights Planning Commission was held on
Tuesday, August 26, 1997, in the Council Chambers at City Hall, 1 10 1 Victoria
Curve. The meeting was called to order at 7:30 p.m. The following Commission
members were present: Dwyer, Koll, Betlej, Lorberbaum, Duggan and Tilsen.
Commissioner Friel was excused. Also present were Public Works Director Jim
Danielson, Planner Meg McMonigal, Administrative Assistant Patrick Hollister and
Senior Secretary Kim Blaeser.
APPROVAL OF MINUTES
Commissioner Duggan moved approval of the July 29, 1997 Minutes with
corrections.
Commissioner Betlej seconded the motion.
AYES: 5
NAYS: 0
ABSTAIN: 1, TILSEN
CASE
• •
ROSEVILLE ..•. •
CO -
SUBDIVISION APPROVAL FOR LOT
RECONFIGURATION
Mr. Hugh Cullen, of Roseville Properties, was present to discuss his request
to reconfigure two lots by adjusting a common lot line located at 2025
Centre Pointe Boulevard.
Mr. Cullen explained that his request is to transfer .72 acres from one platted
parcel to the adjacent platted parcel. He stated that this may be
accomplished by a Certificate of Survey as allowed under the City's
Subdivision Ordinance.
In response to a question from Commissioner Duggan, Mr. Cullen explained
that when the Centre Pointe building was constructed on Lot 6, Block 1,
Yorkton Centre Pointe South, the parking lot was built across the southern
AUGUST 26, 1997 - PLANNING COMMISSION MINUTES
lot line. He explained that at that time, the properties were under common
ownership and it was presumed that the lots would be consolidated. Cullen
stated that these lots were never and will never be consolidated and that
Roseville Properties would like to reconfigure the lots by adjusting the
common lot line in order that the parking is all on Parcel A. He stated there
with the lot reconfiguration, there will be no impact to setback requirements.
Commissioner Tilsen inquired about easements. Public Works Director
Danielson stated that with new plats, five foot easements are required and
that an easement can be added to the Certificate of Survey. Mr. Cullen
agreed.
Commissioner Tilsen moved to recommend that the City Council approve the
Lot Reconfiguration by Certificate of Survey for Lots 5 and 6, Block 1,
Yorkton Centre Pointe South conditioned upon:
1 The applicant dedicating a five foot easement on either side of the
property.
Commissioner Duggan seconded the motion.
FA,'TES: 6
1,14YS: 0
CASE NO. 97-32:
SCHNEEMAN - VARIANCE
Mr. Eric Schneeman, of 868 Bluff Circle, was present to discuss his request
for two variances which would allow the installation of a split rail fence on
city property adjacent to his home. Mr. Schneeman submitted additional
pictures of his home and yard which depict the placement of the proposed
split rail fence.
Schneeman explained that they experience problems with people using or
thinking that their driveway is a part of the City's pathway system. He
explained that they experience joggers, rollerbladers and bicyclists heading
down their driveway who all realize, at the last minute, that they are on
private property. He stated that these people then cut across their lot to
access the pathway via a rather steep slope.
Chair Dwyer inquired why Mr. Schneeman wants to install the fence on City
property and not his own property. Schneeman explained that they wish to
install the fence 6' to 8' feet of the curb in the front yard so that the fence
AUGUST 26, 1997 - PLANNING COMMISSION MINUTES 2
will be visible to pedestrians. He noted the Planner's concern for snow
storage and that the placement of the fence may hinder the storage of snow.
Schneeman stated that he has not experienced a problem with snow storage
and that the placement of the fence is not in the area of where the snow is
stored. He explained that the placement of the fence between his property
line and pathway in his rear yard is to help maximize the use of his back
yard. He stated that he has a very small back yard.
In response to a question from Commissioner Duggan, Mr. Schneeman stated
that his property line runs parallel to the City's pathway. He stated that he
intends to leave this area natural. He further explained that his wife has a
large garden in the back yard and that if they install the fence on their own
property, it will shrink the usage of his yard.
Commissioner Duggan stated that it is difficult to make a recommendation
without being specific as to the placement of the fence. He stated that 10
to 13 feet gives too much leeway. He stated that he does not have a
problem with placing the fence at the 13 foot mark. He inquired if Mr.
Schneeman intends to utilize his neighbor's fence as a part of his fence line.
Mr. Schneeman answered no. Duggan inquired how Mr. Schneeman sees a
fence discouraging pathway users. Schneeman responded that a fence will
prevent individuals from going down the steep hill. He further stated that
proposed lighting will also be installed on the City's property. Duggan
suggested that Mr. Schneeman consider bringing the front yard fence in an
additional 10 to 15 feet as it may make better sense to see his driveway,
especially at night time.
Chair Dwyer stated that the applicant has not demonstrated a hardship and
that the applicant can install the fence on his own property. Schneeman
responded that he has been put at a disadvantage with the location of the
City's pathway. He stated that with the location of the pathway, it
encourages trespassing on his private property.
Commissioner Tilsen stated that the proposed fence seems to be more of a
decorative fence than a private fence. He stated that because it is more of a
decorative fence, snow storage is not an issue because the fence will not act
as a barrier. He stated that he will not disagree that a hardship has not been
demonstrated. He suggested that the applicant consider giving the City the
fence. He stated that the applicant could agree to maintain the fence and
that he could agree to tear it down if there is a problem. Tilsen stated that
he see this as a "middle ground" compromise. He noted his concern for
establishing a precedent in granting a resident a variance to install a fence on
City property. He further stated that the Schneeman's have presented a
AUGUST 26, 1997 - PLANNING COMMISSION MINUTES 3
tasteful design.
Commissioner Lorberbaum stated she would support a 13 foot setback.
Commissioner Duggan inquired about neighborhood support. Schneeman
stated that he has full support of the neighborhood.
Commissioner Duggan moved to recommend that the City Council grant a
seven foot front yard variance and eight foot rear yard variance.
Commissioner Lorberbaum seconded the motion.
Commissioner Tilsen suggested that the City own the fence. The
Commission inquired if the City could have the fence installed on its own
property without a variance.
Chair Dwyer stated that a hardship has not been presented and that the
applicant can install the fence on his own property. Commissioner Koll
stated that she does not know where the fence is going to be placed or how
tall it will be. Mr. Schneeman stated the fence height will be three feet or
less. Koll stated that the plantings within the backyard will adequately define
the Schneeman's property.
VOTE ON MOTION:
AYES: 3
NAYS: 3, KOLL, DWYER, TI, SEN
MOTION FAILS
Chair Dwyer moved to recommend that the City Council deny the variance
request.
Commissioner Koll seconded the motion.
AYES: 3
NAYS: 3, BETLEJ, LORBERBAUM, DUGGAN
MOTION FAILS
Chair Dwyer stated that the Planning Commission is at an impasse and that
the applicant will need to proceed on to the City Council for their formal
review. Commissioner Lorberbaum suggested that the applicant present the
Council with a revised map indicating the exact placement of the fence. Mr.
Schneeman stated that he would do so.
AUGUST 26, 7997 - PLANNING COMMISSION MINUTES 4
HEARING:
CASE NO. 97-28:
CONVERY - CONDITIONAL USE PERMIT
Mr. Brian Convery, of 1193 Victoria Curve, was present to discuss his
request for a Conditional Use Permit which would allow the construction of a
detached garage.
Mr. Convery explained that he is proposing to build a two car garage of 24'
by 28' in his rear yard. He stated that there is not an existing garage on the
property and it is not possible to attached a garage to his home. He
explained that the building materials and roof pitch will match his home.
Commissioner Koll noted that Mr. Convery's back yard appears to be low.
She inquired about drainage. Mr. Convery stated that he had not
experienced drainage problems.
In response to a question from Commissioner Lorberbaum, Mr. Convery
stated that the existing driveway was the original driveway owned by the
original owner many years ago. He stated that there was a garage shared by
the original owners many years ago. He stated that occasionally he uses
Hunter Lane to access his back yard. He stated that with the construction of
the garage, the garage design will allow him to turnaround adequately within
his own driveway. Convery stated that he intends to add electricity to the
garage in the future.
Chair Dwyer opened the meeting to the public.
There was no one present to discuss this issue.
Chair Dwyer moved to close the public hearing.
Commissioner Duggan seconded the motion.
AYES: 6
NAYS: 0
In response to a question from Commissioner Tilsen, Mr. Convery stated that
he intends to pave the driveway in the spring.
Commissioner Koll moved to recommend that the City Council approve the
Conditional Use Permit for a detached garage at 11983 Victoria Curve.
Commissioner Betlej seconded the motion.
AUGUST 26, 1997 - PLANNING COMMISSION MINUTES 5
AYES: 6
NAYS: 0
HEARING:
CASE NO. 97-29:
• - CONDITIONAL USE PERMIT
AND VARIANCE
Mr. David Palme, of 1053 Wagon Wheel Trail, was present to discuss his
request for a Conditional Use Permit and side yard setback variance to
replace an existing detached garage.
In response to a question from Chair Dwyer, Planner McMonigal stated that
during her review of Mr. Palme's request for a Conditional Use Permit, it
became apparent that the site plan submitted was in error. She stated that
in essence, Mr. Palme also needs a variance of 10 feet. She noted that Mr.
Palme's old garage and proposed garage will be placed on the property line.
Mr. Palme stated that he disputes the City's plat maps. He submitted
pictures indicating the location of his old/proposed garage. He informed the
Commission that the City's pathway and MnDOT right-of-way (1-35E) run
along side of his east property line. He stated that he believes his property
dimensions to be accurate and the City's map inaccurate. He stated that the
foundation (old garage) and overgrown lilac bushes have been there longer
than the City's pathway and MnDOT right-of-way. He stated that he has not
gotten a formal survey due to the expense.
In response to a question from Chair Dwyer, Mr. Palme stated that he tore
down the old garage one month ago. He stated the old garage was "L"
shaped. Palme stated that if the garage were to be moved closer to his
home, he would not have access to his back yard. He stated that his
property is only 65 feet wide. He stated no neighbors will be affected with
the construction of the garage. He stated that if the garage is shifted he will
loose an apple tree. He stated that if the garage is shifted, drainage will
become a concern along with storing of snow during the winter time.
Commissioner Lorberbaum inquired if the driveway will be paved. Mr. Palme
stated next year. Commissioner Tilsen stated that Mr. Palme will need a
setback variance to install the driveway.
Commissioner Tilsen stated that Mr. Palme has presented a hardship in that
MnDOT has taken a portion of his 65 foot wide parcel. He stated that he
has no problem with the garage being placed on the property line. He stated
AUGUST 26, 1997 - PLANNING COMMISSION MINUTES 6
that the question is whether or not the old garage was placed on the
property line to begin with. He inquired if the City has the resources to help
Mr. Palme determine his property lines. Public Works Director Danielson
stated that the City's engineering staff will visit the site to determine the
location of the property monuments.
Chair Dwyer opened the meeting to the public.
There was no one present to discuss this request.
Chair Dwyer moved to close the public hearing.
Commissioner Duggan seconded the motion.
AYES: 6
NAYS: 0
Commissioner Lorberbaum inquired about the existing shed. Mr. Palme
stated that the size of the shed is 10' by 14 ' and that he received a building
permit last spring.
Commissioner Tilsen moved to recommend that the City Council grant the
Conditional Use Permit and a nine foot side yard setback variance and a four
foot driveway setback variance.
Commissioner Duggan seconded the motion.
AYES: 6
NAYS: 0
HEARING:
CASE NO. 97-30:
CONVENT OF VISITATION -
CONDITIONAL USE PERMIT
Mr. Gary Ostberg, representing the Convent of Visitation, was present to
discuss their request for a Conditional Use Permit which would allow the
construction of an Early Childhood Center.
In response to a question from Chair Dwyer, Administrative Assistant
Hollister informed the Commission that there is an existing early childhood
center on the property and that the Convent of Visitation wishes to move the
center and connect it to the existing building.
Mr. Ostberg explained that this request is the second phase of an ongoing
AUGUST 26, 1997 -PLANNING COMMISSION MINUTES 7
project at Visitation. He stated that the first phase included a parking lot
which will be completed by the first day of school. He stated that the
original early childhood center was approved three years ago. He stated that
the new building will house infants, toddlers, pre-school, Montessori and
extended day children. Chair Dwyer inquired if construction of this new
building will increase the student population at Visitation. Mr. Ostberg stated
that it will not add children. Ostberg stated that Visitation is very tight on
maintaining student population and that they set goals on specific classroom
size. He stated there is an extremely long waiting list. He stated that the
additions to Visitation are only to accommodate the growing need of facilities
that are currently shared with St. Thomas Academy, i.e., athletic facility.
Chair Dwyer opened the meeting to the public.
There was no one present to discuss this issue.
Chair Dwyer moved to close the public hearing.
Commissioner Duggan seconded the motion.
AYES: 6
NAYS: 0
Commissioner Duggan inquired about the size of the parking stalls. He
stated that the City's ordinance requires 9' by 20' stalls and the plans
submitted indicate the stalls to be 8' by 18' or 9' by 18'. Mr. Ostberg
stated that he would work with City staff regarding this issue.
Commissioner Koll inquired about traffic patterns within the parking lot. Mr.
Ostberg explained that they are focusing on a one way pattern and that
directional arrows will be painted on the asphalt. He explained that buses
will be parked at the Fine Arts center and that it is their intent to one day
develop a separate busing area. He stated that they intend to give maps out
to all individuals who are of driving age.
Commissioner Duggan moved to recommend that the City Council approve
the Conditional Use Permit conditioned upon the City Engineer's review and
approval of the grading and drainage and utility plans. He stated that
emphasis should be placed on creating 9' by 20' parking stalls.
Commissioner Koll seconded the motion.
AYES: 6
NAYS: 0
DISCUSS CONCEPT PLAN REQUEST
AUGUST 26, 1997 - PLANNING COMMISSION MINUTES 8
CASE NO. 97-31: HOFFMAN HOMES, INC.
Mr. Peter Coyle, attorney representing Hoffman Homes, was present to
discuss Hoffman Homes' concept plan consisting of 30 side-by-side
townhomes on 27.1 acres located west of Lake Augusta and north of LeMay
Lake.
Mr. Coyle outlined a rendering of the development. He explained that this
process had started about five to six months ago. He stated that the City
has expressed its opinion on not building single family homes in the southern
quadrant and within the LDN 65 contour. He stated that Hoffman Homes
has explored the idea of building townhomes within the northern quadrant of
this area.
Coyle explained that there will be 30 side-by-side townhomes (60 units)
within this upscale community. Access will be off of Highway 13 just west
of Lake Augusta. He explained that there will be a "T" road design with two
800 foot cul-de-sacs. He stated that this design is patterned after the Cliff
Lake Shores development south of 1-35E.
Mr. Coyle referred to the City's Highway 55 Corridor study and how
Hoffman Homes has tried to propose a development consistent with the
study. He explained that the proposed development is proposed to be
compatible with Furlong neighborhood. He stated that Hoffman Homes is
trying to strike a balance between protecting the unique features of the
property along with complying with the Met Council's guidelines.
Coyle stated that Hoffman Homes intends to pursue this development as a
Planned Unit Development. He stated that this process will allow the
flexibility of preserving the special features of the property.
Commissioner Duggan inquired why the City Planner indicates a 1200 to
1400 foot cul-de-sac length. Mr. Coyle explained how the 800 foot cul-de-
sac length was measured.
Chair Dwyer stated that his impression of the proposed development is that
of a large wall. Mr. Coyle stated that the density is 2.21 units. He stated
that this density is traditional style and that they are trying to maximize and.
preserve the features of this property.
Commissioner Duggan inquired about the density of Kensington and also
reminded the Commission of the large park dedication Centex Homes
dedicated to the City as a result of the Kensington development.
AUGUST 26, 1997 - PLANNING COMMISSION MINUTES 9
Commissioner Betlej stated there was more developable land within the
Kensington area and that Hoffman Homes is proposing a large development
within a small area of developable land.
Commissioner Duggan stated that the fire department is concerned with the
length of the proposed cul-de-sac. He inquired if Hoffman Homes has
considered a different plan. He suggested adding another access to the
north end of the property. Mr. Coyle informed the Commission that MnDOT
has indicated their preferred access points. He stated that they are aware of
the fire department's concerns. He reminded the Commission of the unusual
topographic constraints.
Chair Dwyer inquired about the 500 foot cul-de-sac rationale. Public Works
Director Danielson informed the Commission that it is a safety issue, i.e., the
distance an individual can run along with fire equipment constraints.
Commissioner Tilsen stated that he believes that the 500 foot length is a
good guideline to follow. He inquired if this area is a part of the critical area
district. Public Works Director Danielson responded no. He stated that the
critical area district relates to the Mississippi river bluff line.
Commissioner Koll inquired if the contractor is aware of a letter sent by the
Met Council informing the City to implement air noise changes concurrent
with Comprehensive Plan Update. She stated that the Met Council informs
the City that the new guide greatly expands air noise zone boundaries and
that this development would not be allowed under the new air noise zone
classification. Mr. Coyle stated that they are aware of the policy
recommendation. He stated that they believe there is some flexibility and
that this is an issue they will have to wrestle with.
In response to a question from the Commission, Mr. Patrick Hoffman
informed the Commission that they will meet all mandated fire department
requirements. Commissioner Duggan inquired if Mr. Hoffman will install fire
suppression systems within the units. Hoffman responded that they will be
willing to discuss this issue with the fire department.
Regarding the changes in the air noise zone district, Mr. Coyle stated that
they believe there are many variables and that variances may be received
from the MPCA.
In response to a question from Chair Dwyer, Mr. Hoffman explained that the
perceived "wall" of homes should be viewed differently. He explained that
the units start to turn about every 300 feet. He stated that the curvature is
very similar to several single family home developments in Mendota Heights.
AUGUST 26, 1997 - PLANNING COMMISSION MINUTES 10
He stated that they are proposing to develop three different styles of units
and that they are trying to achieve individuality with each unit. He stated
that this style of home is a wanted commodity with the empty nesters. He
stated that they are trying to work with the City along with accommodating
the market. He stated that this development provides excellent access to the
main highway system and MSP International Airport.
Commissioner Lorberbaum inquired about park dedication. Mr. Hoffman
stated that there will be a certain amount of open space and that they are
planning to dedicate some land and cash. He stated that they will work with
the City.
In response to a question from Commissioner Duggan, Mr. Hoffman stated
that they would be willing to work with MnDOT in creating an emergency
vehicle access point into the development. Duggan noted his concern with
the amount of traffic using the minimal amount of roads within this
development. He stated that he would like additional access considered.
Mr. Hoffman stated that they are trying to respect the special topographic
nature of the property.
Commissioner Duggan stated that he is not happy with the "spine" like
development and that he would have more interest in the development if
there are less units. He stated that the development would be more
attractive and that additional landscaping can only help. Hoffman stated that
they will work with the City in including their specific desires into platting
this property.
Commissioner Tilsen stated that he would like to see the access road lined
up with Acacia Boulevard and that the developer should include another
access from the north. He stated that he does not discount the emergency
vehicle access but that a more permanent access is preferred. Tilsen stated
that he is concerned with how this development intersects the highway and
that lining the street up with Acacia Boulevard will help a great deal. He
stated that he does not like a steep grade with intersecting roads.
Mr. John Ruggieri, architect, explained that they have been working with
MnDOT for over a year regarding access to the development. He explained
that the median has been created to provide safety around the curve (near
Acacia Boulevard). He stated that there is a significant grade change in this
area and that it would be very difficult to connect the streets without cutting
into the razor back. He stated that they did discuss attaching a secondary
road off the frontage road but that it would significantly encroach the
wetlands area. Ruggiere agreed that there are significant slopes in this area
AUGUST 26, 1997 - PLANNING COMMISSION MINUTES 11
but that it is not unusual to have a 7 to 8 percent slope. He stated that this
is the highest point within the development and that it makes sense to
construct the road at the highest elevation point within the development.
Ruggiere stated that significant trees have already been identified on the site
and that there are minimal significant trees in this specific area. He stated
that the road construction is well within the public safety guidelines.
Regarding the "spine" like design, Mr. Ruggiere explained that each of the
lots has a ten foot side yard setback. He stated that this development is not
any different than a single family home development in that the lots are a 50
to 60 foot wide with a 30 foot setback. He stated that the side yard
setbacks are consistent with the R-1 zoning regulations. He explained that
with the 30 foot setback, significant landscaping can be created. He stated
that with the curve like road design, it provides more of an opportunity to
individual landscaping similar to that of an R-1 zoning district. He stated that
Hoffman Homes' intent is to be consistent with the typical R-1
neighborhood. Mr. Ruggiere stated that he has spent a great deal of time
with MnDOT and Hoffman Homes in trying to create a development that
provides appropriate access while accommodating the specific topographic
features of the property.
Regarding Air Noise Zone 3 issues, Mr. Ruggiere stated that Hoffman Homes
must comply with specific standards related to noise abatement. He stated
that the current plan meets the Met Council's guidelines. Chair Dwyer stated
that it is not a pleasant experience when standing outside listening to
significant air noise. Mr. Ruggiere stated that this area is not directly under
the flight path. In response to a question from Commissioner Duggan, Mr.
Hoffman stated that the air noise guidelines are more restrictive at the
present time. He stated that the City of Mendota Heights is going to
experience significant changes in its land use as it relates to air noise
boundaries. He stated that he would be willing to work with the City in
determining how the proposed Met Council changes will impact the City's
future land development.
The Commission briefly discussed the turning radius of an emergency
vehicle. The Commission inquired about the standard width of a cul-de-sac.
Commissioner Tilsen reiterated his concerns with congestion within a cul-de-
sac. He noted his concerns with the proposed length of the cul-de-sac. He
stated that he would prefer to see the roads lined up and that adding a
northern entrance to the development would be preferred. He stated that
Hoffman Homes should speak further with MnDOT regarding this issue.
Commissioner Tilsen stated that he believes this plan is a good start. He
AUGUST 26, 1997 - PLANNING COMMISSION MINUTES 12
stated that this area has a beautiful topography and that he would like to see
this become park space.
Commissioner Betlej stated that he would like to see the "spine" like
development eliminated and have the developer create a cluster development
instead. He stated that he believes this type of development will create a
scenic view and give an opportunity to break up the monotonous pattern of
homes. He stated he prefers a little more variety within a development. He
stated that he wants to be sure the developer accommodates the Park
Commission's concerns in creating scenic easements and preserving trees
and park land.
Commissioner Lorberbaum stated that this is a beautiful area. She stated
she is not fond of the isolated nature of the development. She further noted
her concerns with the air noise zone classification and the length of the cul-
de-sac.
Chair Dwyer inquired if the audience was interested in speaking about the
project.
An individual from the Mendota Motel informed the Commission of their
concerns with developing the land. He stated that he was not informed of
the plans to develop the area. Chair Dwyer stated that the developer is in
the process of discussing this development and that the Mendota Motel will
be informed of formal proceedings at a later date.
Chair Dwyer inquired of the Commission's direction to Council.
Commissioner Betlej stated that he is in favor of the development and that he
believes some "tweaking" can be done to accommodate the Commission's
concerns. He stated that he believes the development does have a role
within the community. Commissioner Koll stated there is a need for this type
of housing within the community. She stated that she visually does not like
the look of this development. She stated that the development appears to be
too monotonous. She stated this development reminds her of the Mendota
Meadows development on Mendota Heights Road. She stated that this
location seems ideal for a geographically segregated community.
Commissioner Duggan suggested that the contractor return to the
Commission with 3 or 4 different overlay designs.
Commissioner Lorberbaum was excused at 10:20 p.m.
Commissioner Duggan suggested that the contract consider adding more
AUGUST 26, 1997 - PLANNING COMMISSION MINUTES 13
common spaces within the development, i.e., swimming pool and meeting
room areas. He suggested that the developer consider eliminating some of
the units.
Commissioner Tilsen suggested that the contractor consider the historical
value this area may have in archaeological artifacts. Mr. Hoffman explained
that his company has developed along the river bluffs in Bloomington and
that they have an archaeological protection program enforced.
Commissioner Koll stated that the City needs to have further legal
representation regarding the air noise zone boundary changes.
Planner McMonigal informed the Commission that the developer would need
a comprehensive plan amendment to develop this property. Commissioner
Duggan inquired if this development should be pursued before the changes to
the Comprehensive Plan.
Chair Dwyer called a recess at 10:30 p.m.
Chair Dwyer reconvened the meeting at 10:36 p.m.
DISCUSS DRAFT CELL/PCS ORDINANCE
Chair Dwyer stated that the draft ordinance reflects the consensus of the
City Council and Planning Commission at a recent workshop. Commissioner
Betlej suggested changing 21.6(8)j to read as follows:
All costs of an application, including but not limited to those incurred by City
staff time and resources, engineering studies by consultants retained by the
City and other data as may be required by City staff, the Planning
Commission or the City Council shall be borne in full by the applicant.
Regarding 21.6(8)i Commissioner Duggan noted his concern with a business
projecting its future plans in that five years seems to long. He suggested
that 2.5 years be considered.
Mr. Coyle, of Larkin, Hoffman, was present to discuss the proposed
ordinance. Mr. Coyle stated that his client is pursuing co -location sites such
as the high school and an apartment complex. He inquired if this is
consistent with the Commission's interpretation of the proposed ordinance.
Ms. Graham, representing AT&T Wireless, inquired about section 21.6(8)d
regarding capacity analysis. She noted that this section is not necessary as
AUGUST 26, 1997 - PLANNING COMMISSION MINUTES 14
there are specific FCC regulations. Chair Dwyer stated that this could be
discussed at the September hearing.
Commissioner Betlej moved to place the proposed ordinance on the Planning
Commission's September agenda as a formal hearing process.
Commissioner Duggan seconded the motion.
AYES:
NAYS: I
ACKNOWLEDGE RECEIPT OF INFORMATION
REGARDING LILYDALE COMPREHENSIVE
PLAN
The Commission acknowledged receipt of a memo from Administrative
Assistant Hollister regarding the anticipated change in Lilydale with respect
to the redevelopment of the Shiely property at the intersection of Highway
13 and Highway 35E.
The Commission asked to be kept abreast of the any future details.
Public Works Director Danielson gave a brief review of recent City Council
action on July Planning Commission cases.
MISCELLANEOUS
Commissioner Tilsen suggested that the City consider updating the critical
area district by utilizing the County's GIS system.
There being no further business, the Planning Commission moved to adjourn
its meeting at 11:04 p.m.
AUGUST 26, 1997 -PLANNING COMMISSION MINUTES 15