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HomeMy WebLinkAboutPC Meeting Minutes 10-25-10Planning Commission Meeting Minutes October 25, 2010 PLANNING COMMISSION MINUTES MONDAY, OCTOBER 25, 2010 Call to Order: Chairman Ringstad called the October 25, 2010, Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Ringstad, Perez, Billington, Fleming and Howley, Community Development & Natural Resources Director Danette Parr, Planner Jeff Matzke and Development Services Assistant Joe Sortland. 2. Approval of Minutes: The Minutes from the September 27, 2010, Planning Commission meeting were approved as presented. 3. Public Hearing: A. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO SECTION 1102.1103 OF THE CITY ZONING ORDINANCE TO RESTAURANTS AND CLUBS AND LODGES WITH LIQUOR IN THE "C -2" (GENERAL BUSINESS DISTRICT). CDNR Director Danette Parr presented the request to allow amended language for Section 1102.1103 of the Zoning Ordinance. To accommodate restaurants and assist with economic development, staff was directed by the City Council, after being approached over several years by business owners, to review the C -2 ordinance and consider amending the ordinance related to serving alcoholic beverages. On September 27, 2010 the Planning Commission held a public hearing for the ordinance amendment. The Planning Commission unanimously voted to hold a work session on October 11, 2010 to discuss the proposed ordinance amendment and to table the proposed ordinance amendment to October 25, 2010. The Planning Commission had a work session on October 11, 2010 and the majority of the City Council attended as well. Questions by the Commissioners: Howley asked what the Bufferyard E consisted of. Parr answered that Bufferyard E is the most intensive bufferyard and consists of a mixture of vegetation (canopy trees, coniferous trees, and bushes -can also have fencing in some cases). The intensity varies depending on the adjacent use, the width of the separation, and the type of buffering installed. Billington asked if it is within the purview of the Planning Commission to set up standards that reach beyond the Bufferyard E standards if warranted. Parr answered that the Planning Commission can determine if larger buffers are necessary. L: \10 FILES \10 PLANNING COMMISSION\10 MINUTES\MN102510.doc Planning Commission Meeting Minutes October 25, 2010 Billington asked how a setback of 200' or 300' for establishments adjacent to residential uses would affect development in the C -2 zone district. Parr answered that increasing the setback would limit more businesses wishing to serve alcohol. Billington asked if the City has a quantifiable number of the properties affected by an increase in the required buffer. Parr presented the 100' buffer setback map for C -2 zoning districts and answered that an accurate number of the properties that would be affected by a setback increase to 200' or 300' was not available since a number of these areas are not developed at this time. Sergeant Tom Kahlert was presented to answer questions regarding businesses serving alcohol. Ringstad asked what the Prior Lake Police Department has experienced in regards to police calls related to serving hours at establishments that serve alcohol. Sergeant Kahlert answered that the majority of the incidents typically occur during closing hours around 2AM, but that establishments with limited business hours do not create many problems. Ringstad asked Sergeant Kahlert if the Police Department has observed any correlation between the number of incidents reported and the type of liquor license the establishment has been granted. Sergeant Kahlert answered that the number of incidents are typically related to establishments open until 2AM, with the exception of The Cove. Ringstad and Parr clarified that The Cove has a wine and beer license. Ringstad asked if the Prior Lake Police Department has received noise complaints from residents living adjacent to businesses. Sergeant Kahlert asked Ringstad to clarify. Ringstad explained that the proposed ordinance amendment is attempting to find a balance between restaurant hours of operation and types of licenses allowed. Ringstad asked Sergeant Kahlert if he sees them as reasonable conditions to protect the neighborhood. Sergeant Kalhert answered that there is an establishment on the lake near residents which has experienced a number of incidents and that he believed limited hours of operation would alleviate the number of reported incidents. Fleming asked if the Police Department has received calls related to alcohol at establishments which serve alcohol around 7AM or 8AM. Sergeant Kahlert answered that he is not aware of that. A MOTION WAS MADE BY FLEMING AND SECONDED BY BILLINGTON TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Billington, Ringstad, Perez, Fleming and Howley. The motion carried. The Public Hearing began at 6:30 p.m. L: \10 FILES \10 PLANNING COMMISSION\10 MINUTES\MN102510.doc 2 Planning Commission Meeting Minutes October 25, 2010 Comments from the Public: Linda Pelzl, 4486 Pondview TO SE stated that the State of Minnesota has a required 300' setback for establishments that serve alcohol from churches and schools and asked why there is not a 300' setback for residential homes, as they have to live at the residence overnight. Parr answered that the State was contacted to determine why the 300' setback exists and staff was informed that it's a longstanding rule and likely was originally meant for safety reasons. Parr added that this requirement does not apply to daycare establishments. Pelzl stated that she understands that an increased setback would hinder the number of businesses and finds it odd that the State would have a setback for churches and schools but not residents. Maureen Hermann, 14151 Timothy Ave, asked Sergeant Kahlert if Captain Jacks ever gets calls during the day. Sergeant Kahlert answered there has been occasions when a delivery vehicle was making noise. He was not aware of any complaints about patrons. He said that the majority of the complaints are during the late night hours. Hermann stated that there is a business located behind her home and that garbage pickup often takes place during late hours, such as 3AM and 4AM. She stated that no recourse occurs when they complain. Ringstad clarified with Parr that there are restrictions in regards to garbage pickup. Parr answered that residential and business garbage pickup is limited to 7AM to 7PM on weekdays and Saturday, and 9AM to noon on Sunday. She asked Hermann if she has called to report the late night garbage pickup. Hermann answered that they have called and that nothing has been done. She asked what will happen if the conditions of approval are not followed by the business. She asked if the liquor license could be revoked or if fines will be enforced. Parr answered that the City has the ability to revoke a Conditional Use Permit if it does not comply with the conditions of approval. The liquor licenses are reviewed on an annual basis and that repercussions can occur if conditions are ignored. Hermann asked if there could be a law where if a business incurs a number of infractions it can lose its liquor license. Parr answered that in conversations with the City Attorney, it was indicated that specific requirements could be created in relation to a set number of violations. Parr cited a store in the City that was illegally selling tobacco to underage customers. After a number of infractions the business lost their license to sell tobacco and the business closed. Ringstad stated that he agreed with Hermann's suggestion that establishments which do not comply with the conditions of approval should lose their liquor license after a number of infractions. Hermann asked if there is other land in Prior Lake for restaurants and bars to be constructed on. L: \10 FILES \10 PLANNING COMMISSION\10 MINUTES\MN102510.doc Planning Commission Meeting Minutes October 25, 2010 Parr answered that the Prior Lake Comprehensive Plan details where the current and future commercial land is to be located. Some of the commercial areas are currently not developed. Matzke answered that many of the developments are driven by high traffic counts as well as existing utilities. Outside areas, on vacant land, can cost more to develop due to the required infrastructure costs associated with them. Hermann stated that the residential land values are lowering as a result of the development Matzke answered that businesses don't succeed without residents nearby and that the City ordinance are in place to protect the residents. Jeff Phelan, 14271 Timothy Ave NE, stated that many of the Boudin neighborhood residents' fears regarding the Crossroads development have been realized. He said that there have already been violations and that they don't seem to be enforced. He said that the setback of 100' is not sufficient. Phelan stated that opening a business should not have to be at the expense of the neighbors and requested that the Planning Commission deny the proposed ordinance amendment. David Fawcett, 6811 Boudin St NE, stated that his townhome building is within 100' of the Crossroads. Fawcett said that on October 25, 2010 a truck couldn't make the turn into the Crossroads parking lot, and went into his parking lot, went around the townhome driveway and nearby a school bus stop. He said that his fears of the Crossroads development have been proven correct. He said that snow plow trucks clearing the Crossroads development will also be disruptive. He says that there are numerous places in Prior Lake where he can have a drink. He asked if the City is pursuing revenue at the cost of the residents. Leland Smith, 14358 Lois Ave NE, said that one of the 2030 Prior Lake Vision Plan's goals is to replace the Boudin neighborhood homes. He suggested the houses of the Boudin neighborhood are going to be taken. He stated that the system favors the businesses instead of the residents. Deno Howard, 15351 Schroeder Cir NE, Chairman for the EDAC, stated that the goal of the EDAC is to attract businesses, keep businesses in Prior Lake and make it a better place to live and work. One business the EDAC interviewed went out of business as a result of the C -2 ordinance. The EDAC also interviewed another business that wants to come here but cannot due to the current provisions. Howard said that the City is often criticized for being difficult due to the current ordinances, and this proposed ordinance amendment is an opportunity to fix that. A case by case option would at least give the proposed business the opportunity to present their case. Howard stated that the progress that has occurred in Prior Lake has improved the City, even if it did not personally benefit her. Terry Gutowski, 5426 Fairlawn Shores Trl SE, a member of the EDAC, stated that he owns a business. Gutowski stated that Prior Lake is a mixed use community, and it has been for a long time. He asked how you utilize the space for businesses to benefit both residents and businesses. He asked what the city needs as they go through the 2030 Vision Plan, and said he would prefer to see Prior Lake capitalize on their opportunities. He doesn't think that 200' setback solves the problems anymore than a 100' setback will. He said that a vacant business /building or an empty lot is also not a benefit to the community. Mary Viereck, 14089 McKenna Rd NW, a member of the EDAC, stated that she has two businesses and they want to be good neighbors to the residents of the community. Being a good community is having a good business base. She stated that they want to attract new business and retain old ones. L: \10 FILES \10 PLANNING COMMISSION\10 MINUTES\MN102510.doc Planning Commission Meeting Minutes October 25, 2010 Sandee Wright, 14300 Timothy Ave NE, stated that the research she cited at the September 27 Planning Commission meeting was from the Science Daily published in February, 2010. She found another study stating that an increase in off - premise alcohol sale sites creates more aggravated assaults. Violence associated with restaurants that serve alcohol was smaller but still significant. The density of two off -site liquor stores near the Boudin neighborhood, plus any additional restaurants, will harm not only the neighborhood but also the City. Wright stated that she too is a home -based business owner. She stated that she isn't irritated with change, but her experience in the process. She said when they bought their home the land use map said it was not going to be developed commercially. She said that their daily lives have been impacted by the Crossroads development. She said that workers stand outside the Crossroads and that they park on the back street of the establishment. Wright stated that the noise disturbs them when they try to sleep. Wright expressed concern about the 11 PM closing time. Wright said that the noise from Highway 13 and the children at the daycare disturb them. Wright requested that if a restaurant is proposed, that the noise ordinance be improved and that noise complaints be enforced more stringently. Fleming told Sandee Wright that the City has discussed many of the issues and options that the Wrights have suggested to the City. He asked Wright if she knew the details of the scientific article. Wright answered that she did not have the article with her. Fleming stated that he will review the scientific article. Pat Wiese, 6830 Boudin St NE, stated that areas of development should be determined and designed on specific sites. She said that she didn't think that the Crossroads site is suitable for such uses. Ron Wiese, 6830 Boudin St NE, expressed concern about the Boudin Crossroads in regards to the proposed ordinance amendment. He said that the owners of the adjacent buildings are opposed to the ordinance amendment. He stated that he does not understand where the landscape buffers would be located on the adjacent site and that there is little room for improvements. He said that when the Kwik Trip project pulled out, the developer did what they wanted. Wiese stated that no one in the Boudin neighborhood thinks the proposed ordinance amendment is a good idea. He said that there are twelve homes on Timothy Avenue and that children live on it. He said they know employees aren't allowed to smoke inside, but it would not be appropriate to smoke in the back with kids in the neighborhood. Wiese said that the daycare center is too close for liquor and beer to be served nearby. He stated that the 300' setback for schools is to protect children, and stated that both schools and homes contain children. Wiese recommended the Planning Commission deny the proposed ordinance amendment. Dick Pyle, 6285 170 St E, stated that he thinks that the Planning Commission is on the right track. He said that limiting the hours and types of licenses are good steps toward compromise. He stated that he believes the quality of the restaurants defines the quality of the community. Pyle stated that the economic conditions exist in Prior Lake to support quality restaurants. He thanked the Planning Commission for the public hearing and listening to the concerns of the public. Pyle said there is opportunity to develop in Prior Lake, and he would still like to do that in the City. He stated that the facility and location, where the traffic will be an asset, is still not available. Pyle stated that compromise is needed between the residences and the businesses. Michael Wright, 14300 Timothy Ave NE stated that the hours of operation being proposed in the ordinance amendment are not reasonable and that it would be harmful to the general welfare of the residents. He stated that he believes another work session is necessary to see what is established as L: \10 FILES \10 PLANNING COMMISSION\10 MINUTES\MN102510.doc 5 Planning Commission Meeting Minutes October 25, 2010 reasonable. Wright suggested that an economic scorecard be created to determine if a development will create enough economic benefits to compensate for any harm to the adjacent residential areas. Wright does not believe that Prior Lake has more rules than Savage. He stated he believes the challenges of development are due to geography rather than ordinances. Wright said that Savage has ordinances that control how many customers can be served in an establishment serving alcohol. He said that an economic scorecard to determine what the city is gaining for property tax and how much the residential property values are harmed should be implemented for all areas of the City. Wright stated that due to the successful businesses across Highway 13 from the Boudin neighborhood, the retail value of the Prior Lake businesses will benefit without harming the property values of the residents. Wright stated that when he moved to Prior Lake garbage collection was one day a week and now it us six or seven days a week. Wright said he would like to limit the trucks that pick up garbage and limit the hours of operation. Fleming asked Wright what the top three items of an economic scorecard would be. Wright answered financial, overall benefit, money gained to alleviate property tax for residents, buffer space and mitigating plans. Leland Smith, 14358 Lois Ave NE, asked about the bankrupt developer of Crossroads and what happens to the escrow. Ringstad asked Parr if EFH has provided a letter of credit to protect the City for any required outstanding obligations. Parr answered that EFH filed for Chapter 11 and that a letter of credit is in place should any obligated requirements not be completed. Ringstad asked if the second lift has been constructed. Parr answered that the second lift had been completed. Matzke answered that the letter of credit is also held for a warranty period, such as landscaping as well as engineering, utility and lift work. Sandee Wright, 14300 Timothy Ave NE, asked when the warranty period ends and if it could be used to replace any trees that have died. Matzke answered that the period is for at least one year. He said it could be used to replace any trees that have died. Matzke stated that the trees in the Crossroads landscape buffer have been inspected and they were found to be alive but have lost their leaves due to the changing seasons, but that the landscaping will be re- inspected again in the spring. Wright stated that the trees died during the summer and that they are not dormant. She said that some orange fencing has been placed in the Crossroads development and that it is unattractive. She stated she believes it is to prevent pedestrian traffic between the Phelan home and the Crossroads building. Matzke answered that the fence could be for future snow retention Wright said that the fence is for impeding traffic. L: \10 FILES \10 PLANNING COMMISSION\10 MINUTES\MN102510.doc Planning Commission Meeting Minutes October 25, 2010 Maureen Hermann, 14151 Timothy Ave NE, stated that she believed EFH was obligated to construct the sewer and water system after the completion of the road development. She asked if EFH's letter or credit would cover this obligation. Ringstad said that tonight was to discuss the proposed C -2 ordinance amendment. Hermann stated that liquor licenses are not granted to establishments that owe the City money. A MOTION WAS MADE BY FLEMING AND SECONDED BY PEREZ TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Ringstad, Perez, Billington, Fleming and Howley. The motion carried The public hearing closed at 7:37 p.m. Commissioner Comments and Questions: Fleming stated that the Planning Commission takes deliberations seriously and considers all options and implications. He believes that site specific criteria, in concept, appear to be a good way to go. Fleming stated that the different treatment of neighborhoods would be difficult to implement. He asked if it would create a perception to developers if neighborhoods are treated differently. Fleming said that there are geographic areas in the City that don't work no matter what, due to the lack of good fit. He asked what numbers of conditions are needed to legitimize a request. Establishing criteria for one part of town and then another set of criteria for a different neighborhood could prove to be troublesome. Fleming stated that an economic scorecard will never be able to quantify the emotions of residents. Fleming didn't understand the reasoning for establishing a 7AM time for serving alcohol, if establishments were not going to be opening until 4PM. Perez stated that a month ago they were not at a point where they could come to an agreement. Perez stated that reviewing requests on a site specific basis would be beneficial and appropriate for a conditional use permit. A public hearing and public comment would be allowed during the Planning Commission's consideration of a request. Perez stated that serving the welfare would be met with the site specific review. Perez stated that he will support the proposed ordinance amendment. Billington stated that the Planning Commission is attempting to perform a balancing act for what's in the best interest of the businesses and the quality of life for the residents. He stated that many of the issues voiced tonight and last month were discussed with the City Council. Billington said that site specific reviews would provide the Planning Commission the tools to have a strong overview of any requests in the C -2 district. Billington asked Parr in regards to subsection "5 -D" of the proposed ordinance amendment: "the building housing the use shall be 100' from residential use district, unless all of the conditions are adhered to ", if the conditions are met, could an establishment move closer to the residential area. Parr answered that if an establishment could meet all of the conditions of approval, the required building setbacks and any additional conditions of approval the Planning Commission found appropriate, the establishment could be located closer to the residential area. Billington stated that he was not in favor of such a scenario. He requested that a 200' setback be required rather than a 100' setback, along with all of the conditions of approval. Billing stated that stringent standards for developments have been used in the past to protect the welfare of the residents and the sale of alcohol should be no exception. L: \10 FILES \10 PLANNING COMMISSION\10 MINUTES\MN102510.doc 7 Planning Commission Meeting Minutes October 25, 2010 Billington said that policing the sale of alcohol through hours of operation, landscape buffering and screening and license type could be used as tools to protect the neighborhood. Billington stated that there are existing rules to protect the residents from noise related to garbage pickup, but he was not sure how to address the concerns of outdoor smoking. He said that a closer setback is onerous to the residents. Billington asked Parr if liquor license approvals are the responsibility of the City Council. Parr answered that the Planning Commission decides if additional conditions of approval are necessary when considering the approval of Conditional Use Permit. She said that in the case of an establishment wishing to serve alcohol, the Planning Commission can limit what license they can apply for. If appealed, the City Council will consider the condition. Ultimately, provided there are no conditions on the liquor license placed by the Planning Commission as a part of the CUP, the City Council is responsible for granting liquor licenses. Ringstad asked Parr if the Planning Commission can add a condition in regards to what type of liquor license may be requested in the C -2 zoning district, as part of the Planning Commission's recommendation of the proposed ordinance amendment. Parr answered that if a recommendation of approval with conditions is approved by the Planning Commission, all recommendations will be brought to the Council for their consideration. Billington stated it would not be wise to determine what kind of licenses should be made available. Billington asked when the Conditional Use Permit is reviewed. Parr answered that Conditional Use Permits with issues will be reviewed as often as needed. She stated that approved Conditional Use Permits continue to be reviewed to ensure they are in compliance in regards to landscaping, conditions of approval and match the approved site plan. Parr cautioned the Planning Commission that a condition to require a yearly public hearing for a Conditional Use Permit would likely be too onerous for the subject business. However, if an establishment is violating the Conditional Use Permit, a review would be warranted and performed. Billington asked where the 200' setback should be measured from. Billington stated that he recommends that a 200' measurement be measured from the parking area to the nearest residence. Billington acknowledged that the setback could be challenging for the implementation of the business, but he would rather err on the side of the citizens. Howley asked if a solid wall can be constructed inside the building setback. Parr answered that in the case of a Conditional Use Permit, the Planning Commission has the ability to change the way in which a site mitigates an adjacent neighborhood. Howley asked if the Planning Commission can create a conditional of approval for how high a wall can be when considering a Conditional Use Permit. Parr answered yes. Howley asked if there is public comment when liquor licenses go before the City Council for their annual approval. Parr answered yes. L: \10 FILES \10 PLANNING COMMISSION\10 MINUTES\MN102510.doc Planning Commission Meeting Minutes October 25, 2010 Howley stated that he feels that noise is often generated as a result of operational issues. He stated that tenants are unaware of what the conditions of approval are. Howley stated that the operational issues should be taken into consideration with the approved rules. Howley stated that the liquor license is important to the business owners and that the approval of the liquor license should be given consideration with the proposed ordinance amendment. Howley believes that what existed first is what should be given weight and that he will side with the residents. He said that some proposals will not work when adjacent to residential. Howley acknowledged that the majority of the people who spoke were from the Boudin neighborhood. Howley stated that when most of the homeowners purchased their homes the Crossroads development was a church and the region was less developed. Howley said that the Boudin neighborhood should have an overlay district. Undeveloped tracts of land have existing ordinances to protect future residents and developments. Howley stated that an ordinance amendment for the entire C -2 zoning district will not have his support. Howley stated that the Boudin neighborhood is not blighted and they are not asking for development. Howley said that development will come in time, but that it should not happen adjacent to a neighborhood that does not believe it will be appropriate. Howley stated that if there is an overlay district to protect the Boudin neighborhood, he would be able to support the ordinance amendment. Ringstad agreed with Fleming regarding the hours of operation and changing the serving of alcohol from 7AM to 11AM. Ringstad questioned if a full liquor license in the C -2 zoning district liquor would be appropriate if it's within 100' of a residential neighborhood. Ringstad acknowledged Sergeant Kahlert's statement that the majority of the problems occur at establishments during the later hours. He stated that Prior Lake does have problem establishments, but that there are also places that serve limited alcohol under limited hours of operation and are not problem businesses. Ringstad said that if he thought a problem business would be located close to residences that the ordinance amendment would not be considered. He stated that the Conditional Use Permit process allows the Planning Commission to provide consideration on a case by case basis. Ringstad stated that he has concerns regarding Howley's recommendation of an overlay district. Ringstad said that the Crossroads building is in the C -2 zoning district and should have the opportunity to apply for a license to serve alcohol should an establishment wish to do so. He stated he would like to find a balance to allow the growth of businesses while protecting the adjacent neighborhood. Ringstad stated he would support the ordinance amendment. Fleming asked Billington if he favors a 200' minimum setback with or without conditions. Billington answered that the 200' setback would include the conditions, including changing the hours in which an establishment can serve alcohol from 11AM -10PM on Sunday- Thursday and 11AM -11 PM on Friday, Saturday and Holidays. Fleming asked if the Planning Commissioners would consider a 200' setback measured from the C -2 building housing the use to the nearest residential use, and if two or more of the conditions of approval are met, the building can be the located 100' or 150' from the residential use. Perez stated that he would not be in favor of a 200' setback Ringstad asked Parr if the Gateway Center would not be eligible for liquor sales if any setback is enforced. Parr said the Gateway Center would be ineligible if a setback of 1 00f is applied. L: \10 FILES \10 PLANNING COMMISSION\10 MINUTES\MN102510.doc Planning Commission Meeting Minutes October 25, 2010 Perez stated that a 10AM starting time for serving liquor would be appropriate, and that he approved limiting what type of liquor license. Howley asked the Planning Commissioners if they had given consideration to measuring the setback from whichever is closer, the building housing the use or the parking lot. Perez answered that measurement should be handled on a case by case basis. Ringstad stated that the buildings and measurement will be revisited each time a Conditional Use Permit goes before the Planning Commission. A MOTION WAS MADE BY PEREZ AND SECONDED BY FLEMING TO APPROVE THE ORDINANCE AMENDMENT AS PROPOSED WITH A CHANGE TO 5 -D: LIMITING THE SALE OF ALCOHOL FROM 10AM -10PM SUNDAY - THURSDAY AND 10AM -11 PM FRIDAY, SATURDAY AND HOLIDAYS, AND LIMIT THE TYPE OF LIQUOR LICENSE TO WINE AND MALT BEER. Fleming asked Billington regarding his position on the setback. Billington stated he supports a minimum setback of 200', as a protection for the residents. He stated that he believes the other conditions outlined by staff are reasonable for a business and he supports including all of the conditions in 5 -D plus a minimum setback of 200'. Fleming asked Billington to read his proposed revisions to the ordinance amendment. Billington said 5 -D would read: the building housing the use would be located a minimum of 200' from a residential use district, and including all the conditions, including the following: The hours of serving alcohol would be limited from 11AM -10PM Sunday- Thursday and 11AM -11 PM Friday, Saturday and Holidays. The available liquor license would be limited to wine and 3.2 beer. VOTE (on previous motion): Ayes by Ringstad, Perez. Nays: Fleming, Billington and Howley. The motion failed 2 -3. Perez stated that he can't support the 200' setback with all of the conditions, plus any conditions included by the Planning Commission. Ringstad asked what the process for the ordinance amendment will be. Howley asked if the Planning Commission technically made a motion of denial. Parr answered that for clarity to the City Council, a motion of denial should be made. A MOTION WAS MADE BY HOWLEY AND SECONDED BY FLEMING TO DENY THE PROPOSED ORDINANCE AMENDMENT. VOTE: Ayes: Fleming, Howley and Billington. Nays: Ringstad and Perez. The motion carried 3 -2. Parr asked if the Planning Commission would provide findings that would articulate their recommendation of denial. Ringstad answered that the setback appeared to be the reason of denial and that the minutes will clarify the motion of denial. L: \10 FILES \10 PLANNING COMMISSION\10 MINUTES\MN102510.doc 10 Planning Commission Meeting Minutes October 25, 2010 Fleming asked if the hours of operation were a point of denial. Ringstad said that it sounded like the denial was setback driven more than hours. 4. Old Business: None 5. New Business: None 6. Announcements and Correspondence: Parr announced that the meeting was Chairman Ringstad's last night on the Planning Commission. Chairman Ringstad has served on the Planning Commission for nine years. Parr stated a few thoughts regarding Chair Ringstad's time on the Planning Commission and thanked him for his service. Adjournment: The meeting adjourned at 8:28 p.m. Joe Sortland, Development Services Assistant L: \10 FILES \10 PLANNING COMMISSION\10 MINUTES\MN102510.doc 11