HomeMy WebLinkAbout12-16-20 minutesCITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
December 16, 2020
1. CALL TO ORDER
The City of Apple Valley Planning Commission meeting was called to order by Chair
Melander at 7:00 p.m.
Members Present: Chair Tom Melander, Tim Burke*, Keith Diekmann *, Jodi Kurtz,
Paul Scanlan, and David Schindler.
Member(s) Absent: None
City staff members attending: Community Development Director Bruce Nordquist, City
Planner Tom Lovelace, Planner Kathy Bodmer*, Planner/Meeting
Organizer Alex Sharpe*, City Engineer Brandon Anderson*, and
City Attorney Sharon Hills.
* Present via remote technology
2. APPROVAL OF AGENDA
Chair Melander asked if there were any changes to the agenda.
CD Director Nordquist said yes to changes. Take the “Land Use / Action Items” that is #5
and make it #4A, #4B, and #4C. Public hearings would be #5A, and #5B.
Chair Melander asked for approval of the adjustments of agenda.
MOTION: Commissioner Scanlon moved, seconded by Commissioner Kurtz,
approving the revised agenda. Roll call vote: Ayes - 6 – Nays - 0.
Chair Melander asked for approval of the amended agenda.
MOTION: Commissioner Burke moved, seconded by Commissioner Scanlon,
approving the revised agenda. Roll call vote: Ayes - 6 – Nays - 0.
3. CONSENT ITEMS
MOTION: Commissioner Burke moved, seconded by Commissioner Scanlon,
approving the Consent Items of the agenda (minutes of the meetings of
December 2, 2020, and 2021 Planning Commission Regular Meeting
Schedule). Roll call vote: Ayes - 6 – Nays – 0.
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Dakota County, Minnesota
Planning Commission Minutes
December 16, 2020
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4. LAND USE/ACTION ITEMS
A. Apple Valley Golf Course Rezoning (PC20-22-Z)
City Planner Tom Lovelace presented staff report.
Chair Melander asks if there are any questions from the commissioners - None.
MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler,
approving the rezoning of the Apple Valley Golf Course property, located
at 8661 140th Street West from “P” (Institutional) to “LDF” (Low Density
Flex). Roll call vote: Ayes - 6 – Nays – 0.
B. Mr. Car Wash – Consider a Conditional Use Permit and Site Plan/Building
Permit Authorization to Allow for Construction of a 6,500-Sq. Ft. Car Wash
Facility on a 1.25-Acre Lot (PC20-17-CB)
City Planner Tom Lovelace presented staff report.
Chair Melander asks if there are any questions from the commissioners - None.
MOTION: Commissioner Scanlon moved, seconded by Commissioner Kurtz,
approving conditional use permit for a freestanding car wash operation on
Lot 3, Block 1, Orchard Place 2nd Addition; subject to the conditions
identified in the December 16, 2020, Planning Commission report. Roll call
vote: Ayes - 6 – Nays – 0.
MOTION: Commissioner Scanlan moved, seconded by Commissioner Kurtz,
approving the site plan/building permit authorization to allow for
construction of a 6,500-sq. ft. freestanding car wash operation on Lot 3,
Block 1, Orchard Place 2nd Addition; subject to the conditions identified in
the December 16, 2020, Planning Commission report. Roll call vote: Ayes
- 6 – Nays – 0.
C. Starbucks CUP/Orchard Place Commercial – Consider a Conditional Use
Permit to Allow for Drive-Through Window Service in Conjunction with a
Class III Restaurant and Site Plan/Building Permit Authorization for 7,400-
Sq. Ft. and a 8,200-Sq. Ft. Building on a 3.21-Acre Lot (PC20-18- CB)
City Planner Tom Lovelace presented the staff report.
Chair Melander asks if there are any questions from the commissioners - None.
MOTION: Commissioner Scanlan moved, seconded by Commissioner Kurtz
approving conditional use permit for a drive-through window service in
conjunction with a class III restaurant on Lot 4, Block 1, Orchard Place 2nd
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Dakota County, Minnesota
Planning Commission Minutes
December 16, 2020
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Addition; subject to the conditions identified in the December 16, 2020,
Planning Commission report. Roll call vote: Ayes - 6 – Nays – 0.
MOTION: Commissioner Burke moved, seconded by Commissioner Schindler,
approving the site plan/building permit authorization to allow for
construction of a 7,400-sq. ft. multi-tenant with a 60-seat coffee shop on Lot
4, Block 1, Orchard Place 2nd Addition; subject to the conditions identified
in the December 16, 2020, Planning Commission report. Roll call vote:
Ayes - 6 – Nays – 0.
MOTION: Commissioner Burke moved, seconded by Commissioner Schindler,
approving the site plan/building permit authorization to allow for
construction of an 8,200-sq. ft. multi-tenant building on Lot 4, Block 1,
Orchard Place 2nd Addition; subject to the conditions identified in the
December 16, 2020, Planning Commission report. Roll call vote: Ayes - 6
– Nays – 0.
5. PUBLIC HEARINGS
A. The Cove – Consider Rezoning of Three Properties from “R-1 (Single-Family
Residential to “PD” (Planned Development), Preliminary Plat to Creat 17
Lots, Conditional Use Permit for “PD” within “SH” Zone, and Site Plan
Review Building Permit Authorization.
Planner Kathy Bodmer presented the staff report.
Chair Melander asks if there are any questions from the commissioners.
Commissioner Scanlon – Can you talk about emergency vehicle access to the
property?
Planner Bodmer – The private street is 28-feet wide which meets the requirements
for fire access, the cul-de-sac meets the requirements, but the hammer head does
not meet the requirements. We will be working with the developer to make revisions
to bring to compliance.
Commissioner Scanlon – How about parking? I have a concern with any activity
going on for guests, that there will not be enough parking on one side of the street
with this density.
Planner Bodmer – The 28-foot wide street will allow for parking on one-side of the
street. We are recommending that it is the opposite side of the driveways so that
will allow for guest parking. The homes each have surface driveways that will
allow for two surface parking. Each of the homes have two-stall garages.
Commissioner Scanlon – I’m looking at this and have concern for run-off. I’m
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Dakota County, Minnesota
Planning Commission Minutes
December 16, 2020
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trying to visualize where snow removal will take place with the private drives.
There doesn’t seem to be any point of storage.
Planner Bodmer – That’s a good point. That could be shown on the plan. Typically
companies prefer to shove snow at the end of the street. There is a retaining wall
so we would want to meet with the developer to see what the options are for that.
That is definitely a question that needs to be resolved.
Commissioner Kurtz – Is there only one spot for parking when coming to visit with
kayaks. Is that the parking on Pilot Knob Road? I believe parking will be an issue
for company and visitors.
Planner Bodmer – I believe that is correct. There is just one public access available
for the lake from Farquar Park.
Commissioner Diekmann – Do all the current homes around the lake meet the shore
land overlay zoning district requirements or were some of those grandfathered in?
How do those compare along the beach and buffer zones?
Planner Bodmer – I need to research and provide a response at the next meeting.
Mark Sonstegard, GMH Land Company – Ryan Bluhm (on-line), West Wood
Professional Services, and Todd Polifka, Custom One Homes, LLC, are with me
also. Mr. Sonstegard presented a PowerPoint regarding designing and developing
this project. He states that the development has met all requirements from the DNR.
One dock with possibility of 3 boats from the HOA are proposed. An infiltration
area and landscape buffer areas will collect all the water and runoff from the rain
gardens and will be filtered before hitting the lake. A protective easement of 3.5
acres will be created for a natural area for the future.
Todd Polifka, President, Custom One Homes, LLC – He reported that the market
is good for this type of development. These type of homes (detached villa
townhomes) are typically sold to people 49 to 70 years old with two people living
in the homes who are probably snow birds with not a lot of traffic. It will be heavily
landscaped with plenty of trees. He stated that he does not see parking concerns.
The snow in these types of developments is removed from the area and is included
in HOA fees.
Chair Melander asks if there are any questions from the commissioners.
Commissioner Scanlon – Could you do the buffer zone with the single-family home
verses showing everything right down to the lake line with the properties?
Mark Sonstegard, GMH Land Company – Yes, he said he could provide the
information. We have not been able to make the financials work for the single-
family homes. If you have a single-family home on a lake, you are going to want
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Dakota County, Minnesota
Planning Commission Minutes
December 16, 2020
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your own lake access. We are targeting the empty nester who likes the idea of
living on a lake but not necessarily Lake People but like the option of a kayak or
pontoon they can take out every now and then.
Commissioner Scanlon – What type of materials are you looking at for the retaining
walls? I’m worried about replacing the material.
Mark Sonstegard, GMH Land Company – The plan will be to use the boulder wall.
Boulders are the best to work with in natural areas, adjust to the layout, and survive
longer over time if engineered and installed correctly.
Commissioner Burke – What about the hammerhead – it was discussed this was not
acceptable? Is it possible to lose a unit in order to make a proper turnaround?
Mark Sonstegard, GMH Land Company – We need to add another 13 feet to the
end of that hammerhead. By moving it a little bit to the north or adding it another
way. We will review with engineering to make it work.
Chair Melander asks if there are any questions from the public.
Bill Sherry, 4855 Dominica Way – President of Farquar Lake Association. I’m
speaking for everyone (19 homes) who live on the lake and owns property - pages
88 to 101 of the agenda packet written for your consideration. Everyone in the
association oppose the rezoning to this type of development. Development within
the existing zoning of R1 and overlay shoreline regulations is expected but not 17
townhouses separated by 15 feet. We’re concerned what this does to the character
and quality of Farquar Lake. It is beautiful. It is like this because of the current
zoning of R1 with 40,000 square feet minimum (.92 acre) with 150 feet width. One
of the builders stated that financially could not make single-family homes work.
Chair Melander – The Planning Committee does not consider the financial aspects
of developments.
Bill Sherry, 4855 Dominica Way – Okay. I get it. In order to build on these lots
with all of the environmental regulations, they need to build 17 houses 15 feet apart.
Most people want to live there to enjoy the lake. There are very few homes that
have a beach. Double driveways times 17 are 34 places for cars and 34 more
parking spaces on the street which might not be enough for big family gatherings,
etc. If there were 6 single-family homes we would not be talking about parking on
the street. The 17 townhomes are right together. It looks like 85 to 95 percent gets
graded. We ask you to turn down this request for the re-zoning. Trees being cut
down will account for 75 percent then adding 10 percent back in which will be
small trunked trees. The argument that this development is better for the
environment than 6 single-family homes just doesn’t make sense. We ask you to
discount that. The removal of natural vegetation will be restricted in order to
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Dakota County, Minnesota
Planning Commission Minutes
December 16, 2020
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preserve the shore-line aesthetics. It matters to water quality when a larger
development is built around a lake. The natural environment matters. Follow the
existing zoning requirements because the financials work out better and that
underlies the request that is here today. If you are not confident and certain that it
will not diminish the quality of the environment, to squeeze 17 townhomes will
change the character and this development will diminish the natural habitat. This
is a dangerous precedent to be setting. I ask the Planning Commission to turn this
down.
Joe Elliott, 12949 Diamond Path – It’s a beautiful place; we intended to retire there.
The environment has not changed. The rezoning of this area is to the benefit of the
seller and the builder. When this is done, they move on and the residents have to
deal with it. These beautiful new homes are ghastly in this environment. I hope
that you will not let this happen.
Mark Wilson, 4845 Dominica Way – Described his home and the changes that have
occurred during this time. In a major rain event, the lake raised 6 feet. The
development of the Lake for our property has not been good. The quality of the
lake used to be good, but with all the run off the Lake is murky and not of good
quality. All that dirt is going to run into the lake during construction. The rain
gardens will not be able to handle it. Clear cutting all those trees it will take another
30 to 40 years for the trees to reach the fullness they are in now. The development
will cause more erosion and degradation to the lake. This is a gem of a lake and
the City needs to protect it. The DNR approved it but it is consistent with the
minimum standards. Governments are encouraged to consider higher standards and
not the minimum standards. You need to reject it.
Sharon Cartwright, 4865 Dominica Way – My place of peace. Don’t take these
great blue herrings, egrets, owls, eagles away. We feed the wood ducks and take
care of the birds and land. When you take 75 percent of them and put up 2 ½ inch
twigs, what is going to happen to all of these birds? It is up to us to truly preserve
it so this wildlife can survive. We put in rain gardens, shoreline restoration, work
with the city and county, we watch the people walking by (especially since COVID)
enjoying nature. Don’t let this go away for this might never come back. I have no
dock or beach and when I look across the lake, it is so peaceful. I can understand
6 single homes but I cannot understand 17.
Randy Buller, 15654 Egret Place – We are home/land owners of Farquar Lake. In
2017, we created a 7 single family plot. We determined that there was a better
approach to benefit Farquar Lake. Keep the facts in mind when discussing the
merits of this plan. We value lake quality. Many of the homes have minimal tree
coverage or tree space. Several homes have large sand beaches. Many homes have
homes sloping towards the lake not stopping the erosion. This proposed
development has greater setbacks with 133 feet from the shoreline. On average, 92
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Dakota County, Minnesota
Planning Commission Minutes
December 16, 2020
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feet exists right now today. Greater buffering of 100 feet – minimum to low in
regards to the other homes on the lake. Of the lakeshore frontage, 94.5 percent is
permanently reserved as an outlot for perpetuity. Nothing will change that for it is
under an HOA and cannot make more beaches, docs, cut down anything or walk
through that. It is protected. Less than 5 percent is used for one beach and a dock.
The DNR and City staff have commented: “. . . provides better shoreline protection
than conventional lot and block subdivisions containing riparian lots. Riparian lots
each with their own access and water recreational areas have significantly greater
impacts to shore land and aquatic resources than those with subdivisions with large
protected shore land areas and no ripairin lots, which the Cove would provide.”
This is a powerful fact based endorsement for this project’s design and its ability to
positively impact lake quality verses the R1. As the Farquar Lake Association
comments noted: “The very purpose of the zoning requirements is to preserve and
maintain the character and the quality of the neighborhood and the community.”
The proposed plat exceeds the standards by nearly every quantifiable metric
including lakeshore preservation, water quality management, minimal dock and
boat usage, guided density, and open and preserved space. A traditional R1 project
would not provide these protections. The DNR approved the plat for this project.
One-third of the lots on Lake Farquar do not conform to the lot requirements: 1 1/2
acre to 3 acres, which are not consistent to R1 overlay and zoning. Many homes
have marginal and minimal tree coverage. Many homes have minimal undisturbed
natural space. Several homes have large sand beach areas and yards which slope
down to the lake with little to assist with erosion. It does not appear to be a
consistent R1 zoning. The Cove plan will have the most controlled undisturbed
natural space and trees than any other property on that lake today. We respectfully
ask the City Planning Commission to take the information we presented.
Michelle Schreifels, 13200 Pilot Knob Rd – We support Farquar Lake association.
We’ve lived here for 16 years. We acknowledge living on the lake is a privilege
not only for the individuals living there but also to the community to have this lake.
There is definitely a place for high density. I live on the property that has been
pictured with the large beach. We have lived on this property for 60 years. This
beach was intact when we moved onto the property. We have 700 feet of lake shore
and about a 15 to 20 foot buffer around almost the entire property that is natural
and treed with the exception of where the beach is. There is an area where the DNR
approved us to use large boulders as a retainer as we have a point that results in a
lot of loss of soil into the lake and causes more damage to the lake. It will be
difficult to protect the lake in the fragile building process. It is hard for me to
understand 17 homes 15 feet apart positively impacts this property. My home is
buffered to protect the lake shore. It is a storm water drainage area, we have already
caused enough damage. Can you guarantee these 17 homes will not continue to
damage the lake? Let’s not make this about people but about preserving our planet
and make sure we are doing the right thing by putting that type of housing in there.
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Dakota County, Minnesota
Planning Commission Minutes
December 16, 2020
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Sara Nick, 13199 Diamond Path – I’ve lived there for 6 years. I agree with the
Farquar Lake Association. We have had ample opportunity first hand to see all of
the wild life of that property. I do not see how 1 acre will provide enough space
for these wild animals. The water quality is a concern. It feels like we are being
presented with a false choice for single-family homes instead of doing something
with the single-family homes that will keep the preservation of the shoreline. I
dispute the market for the single family’s wanting to buy property without having
access to a beach, etc. That is why we purchased this property for our family with
that quality of life we desired.
Brent Hislop, 6000 Strawberry Lane Shorewood, MN – I have a question for
Brandon, City Engineer regarding the conversation of single-family verses villa.
Would the grading required for an R1 plat be of similar area and scope for the
grading proposed under this plat?
City Engineer Brandon Anderson -- This particular site has many challenges such
as connecting to city utilities, providing street access, etc. To meet the regulatory
and ordinance requirements either way (17 lots or 7 single-family) the site would
be substantially graded for both.
Brent Hislop, 6000 Strawberry Lane Shorewood, MN – So the similar grading for
the site under either proposal would be similar tree loss for both options? Is that
fair enough?
City Engineer Brandon Anderson – Yes, that’s fair enough due to the particulars of
grading this lot.
Brent Hislop, 6000 Strawberry Lane Shorewood, MN – Kathy, if the site was
straight zoning R1, would the 3 ½ acre outlot protection conservation area be
required under straight zoning?
Planner Bodmer – Mr. Chair, I would like to put that down as a question and bring
back a good answer for you.
Brent Hislop, 6000 Strawberry Lane Shorewood, MN – Okay, fair enough.
Brent Hislop, 6000 Strawberry Lane Shorewood, MN – Another one for Mr.
Anderson. So the applicant provided engineering standards for rain fall, ponding,
100 year event, we didn’t touch on those for it is a deep dive into the engineering
side. Would it be fair to say that the site meets and exceeds those ponding water
quality and rate control items?
City Engineer Brandon Anderson – The storm water report received from the
applicant shows that it is meeting or exceeding the storm water management
requirements set forth in our ordinance. There are still a few details to work out on
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Dakota County, Minnesota
Planning Commission Minutes
December 16, 2020
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a few items but it is meeting the storm water requirements.
Brent Hislop, 6000 Strawberry Lane Shorewood, MN – This is addressed to Mark
the applicant. Regarding the GIS rough calculations along the shoreline of Farquar
Lake, is it fairly accurate to say that based on the GIS overview that roughly 50
percent of the existing shoreline is not protected. It is either open space, wooded
area and are non-buffered or otherwise, based on a quick overview?
Mark Sonstegard, GMH Land Company – Looking around the lake from a GIS
mapping point and measuring how much lake shore looks like a buffer or wooded
area or beach or lawn right down to the lake, it is my rough calculations there were
somewhere around 50 percent looking at the county GIS map. I did not go out on-
site for verification.
Brent Hislop, 6000 Strawberry Lane Shorewood, MN – It was previously noted that
94.5 percent of the shoreline area is said to be preserved.
Ryan Bluhm, Westwood Professional Services, 792 Sunset Dr – I did the civil
design for all the storm water and pretreatment for the streets. If there are any
further questions for storm water design, I can answer those questions. The goal
here is not to just meet the requirements but to exceed the requirements. We added
buffers before the rain gets to the raingardens and continue to work with staff to
make sure that the water quality is maintained.
Carolyn Buhler, 15654 Egret Place – When we presented the 7 lots and were
planning on living in the existing Houston home then selling the 6 lots, that proposal
was met with a lot of hostility from the neighborhood as well. When we proposed
that at that time, there would be clear cutting of the land as well.
Mark Wilson, 4845 Dominica Way – There is no way that 50 percent of the
shoreline is open. Come to the lake yourself and look. It is way more than 50
percent. Single-family homes would not want large trees to be cut down; they
would want them preserved. That would be one of the main reasons they would
want that lot.
There being no further comments, Chair Melander closed the public hearing.
B. Apple Valley Square 6th Addition, Chase Bank with Drive-Through at Car
Apple Valley Square LLC
Planner Alex Sharpe presented the staff report.
Chair Melander asks if there are any questions from the commissioners.
Commissioner Kurtz– Question about the traffic. It looks like at the four-way stop
by Chipotle is a right-in only and a right-out only? Is that correct?
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Dakota County, Minnesota
Planning Commission Minutes
December 16, 2020
Page 10 of 12
Planner Sharpe – That is correct. However, the existing median is presented that
a left turn cannot be taken left bound to Cedar because of the median in drive-isle.
They would need to proceed west bound towards the front of the building and then
proceed south to get over to Chase Bank. That then would allow a right out
southbound onto Cedar. Customers would not be utilizing the same intersection
you are referring to that is slightly to the North of Chipotle.
Commissioner Scanlon – The west elevation at the rear of the building in terms of
utilities if there is anything from the landscaping perspective that would balance
that out better.
Planner Sharpe – This is one of those issues that I’ve learned to be sensitive to bank
buildings due to a preference of not having high landscaping with screening near
their buildings especially a drive-through due to risk of night-time activities. They
keep the shrubs low and screening low. It does create difficulties when addressing
screening to electrical boxes, gas pipelines on the walls, and public safety. Banks
need to keep a lower brush cover for drive-throughs and ATMs due to business
needs.
Commissioner Scanlon – I know we have a couple of these on Cedar Avenue and
we’ve worked through in taking those considerations and trying to see what we
can balance off on the other three sides.
CD Director Nordquist – On the west elevation which faces all of the commercial
to the west, we have the backside of industrial buildings that look better than this.
Typically, the commercial properties are responsive to the foresighted architecture
that seems to be missing on this building. We attempted to do some rock walls in
cages that you see in locations now. We started to do that over on 147th and Cedar
with Jersey Mike’s and the dental office on the corner. What can be done to screen
the meters. It looks like a cinder block wall. We added awnings or other features
or eyebrow framed panels coming out of the west side.
Planner Sharpe – This will certainly be addressed. Thank you.
Commissioner Burke – What changes are going to be made from the parking study
with the net number of parking spaces?
Planner Sharpe – They have 106 spaces short in existing condition. Added will be
39 and be in non-compliance.
Commissioner Burke – 106 has been in non-compliance since the beginning or in
redevelopment?
Planner Sharpe – Since that plat was developed in the 1980s, yes.
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Dakota County, Minnesota
Planning Commission Minutes
December 16, 2020
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Commissioner Burke – A long time.
Planner Sharpe – They have a cross parking easement across the entire
development. When the site was developed, it was an interior mall. Users could
enter on the west side of the structure and now are unable to do so. We have not
seen an issue with parking even with the Rainbow put in place. Over parking on
this site has not been observed, if ever, and that is what the parking study was able
to demonstrate.
Chair Melander asks if there are any questions from the public.
Nick Koglin, Senior manager for Investments of Regency Centers of Apple Valley
Square – Good evening. We want to clarify we do not own Perkins or White Castle.
We are happy to address any questions.
Bill Griffith, Attorney for Regency Centers – The Parking variance is very
important. At peak periods measured, parking was at 55 to 58 percent of total
spaces available with the average overall around 30 percent. This supports there is
ample parking given the layout, cross parking easements, and types of uses
configured on the site. Mobile banking has decreased the number of cars going
through bank tellers and through the bank itself. One of the things we are seeing in
many cities is parking was much higher in the 80s and 90s. Cities are reevaluating
the amount of asphalt needed due to changes in the banking industry
There being no further comments, Chair Melander closed the public hearing.
6. OTHER BUSINESS
A. Review of Upcoming Schedule and Other Updates
“During my term of 21 years there has been $2 billion worth of development that
has been reviewed and considered for recommendation by the council. Thank
you!” said Mayor Mary Hamann-Roland.
The next Planning Commission meeting is Wednesday, January 6, 2021, 7:00 p.m.
The next City Council meeting is Tuesday, December 22, 2020, 7:00 p.m., where
there is a planned recognition for Mayor Mary Hamann-Roland.
There are three planning commission applications that have been submitted and
will be considered by the City Council on Tuesday, December 22, 2020. There will
also be action taken by the council with a full slate of seven council members at the
next Planning Commission meeting.
7. ADJOURNMENT
Hearing no further comments from the Planning Staff or Planning Commission, Chair