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Regular Planning Commission Meeting <br />Draft Minutes – Wednesday, November 2, 2016 <br />Page 7 <br />MOTION <br />302 <br />Member Murphy moved, seconded by Member Cunningham to recommend <br />303 <br />to the City Council approval of amendment to Table 1006-1 and Section <br />304 <br />1009-02, adding motor freight terminals as a CONDITIONAL USE in <br />305 <br />Industrial Districts as detailed in the staff reports dated October 5, and <br />306 <br />November 2, 2016; <br />amended as follows: <br />307 <br />Text Amendment (staff report, line 89): correct language to read <br />308 <br />“and/or” versus “and.” <br />309 <br />Commission Deliberation <br />310 <br />Member Murphy stated he felt strongly about retaining the 10’ firefighting setback <br />311 <br />for safety and maneuvering. Also, if the Commission attempted to insert “primary” <br />312 <br />in the existing text, Member Murphy opined they would be walking down a <br />313 <br />dangerous path without other areas of city code inspected and taken into <br />314 <br />consideration. Regarding the trade-off for a Conditional User versus Variance <br />315 <br />process, Member Murphy agreed there may be a trade-off, but opined that by <br />316 <br />adopting the text as presented by staff, there were methods in place to <br />317 <br />accomplish the goals of the business while not locking anyone else out. <br />318 <br />Member Cunningham agreed with Member Murphy on the 10’ setback as outlined <br />319 <br />by the Fire Marshal; and expressed appreciation for the applicant bringing up <br />320 <br />consideration of the additional “primary” language, but agreed that there could be <br />321 <br />repercussions or unintended consequences with including it. Under the <br />322 <br />conditions for a Conditional Use, Member Cunningham noted she looked at her <br />323 <br />job to set code standards that made sense in the majority of situations, and <br />324 <br />opined that it seemed that the language being requested by the applicant served <br />325 <br />their interests and made sense in their situation. Since she considered the <br />326 <br />applicant’s situation to be more of an anomaly, Member Cunningham opined that <br />327 <br />she found it more appropriate to deal with their situation through the Variance <br />328 <br />process; and therefore, would support the motion as stated. <br />329 <br />Member Kimble opined that one of the challenges with this text amendment and <br />330 <br />the subsequent request by the applicant was that the Commission wasn’t <br />331 <br />reviewing an actual site plan, but creating a global code in nature across the <br />332 <br />board. Therefore, Member Kimble stated her support for the motion as presented. <br />333 <br />Member Daire opined that one of the chief objectives seemed to be creating a <br />334 <br />category for “motor freight terminals” into city code to distinguish between that and <br />335 <br />trailer storage. Therefore, Member Daire opined that the points as laid out by staff <br />336 <br />were reasonable. Member Daire thanked the applicant for bringing their site plan <br />337 <br />forward as well as the stormwater pond information. Member Daire reviewed his <br />338 <br />rationale in defining the principle street from which access is gained and its <br />339 <br />address; along with the project site itself and two frontage roads along which <br />340 <br />parking is not allowed. Member Daire agreed with his colleagues in a simple <br />341 <br />solution would be a Variance process requesting parking be allowed along the <br />342 <br />street from which access is gained, and opined it should not be difficult to achieve. <br />343 <br />However, for the generality intended with these recommended text amendments, <br />344 <br />Member Daire opined that he found it appropriate to contain the items before the <br />345 <br />body; and that the specific request from this property be handled separately as a <br />346 <br />Variance request to achieve their goals. While agreeing with the applicant’s <br />347 <br />observations that the text couldn’t sufficiently apply to every site, using their <br />348 <br />situation as an example, Member Daire noted that a Variance process would <br />349 <br />easily address their particular circumstances; and therefore he would support this <br />350 <br />motion as presented. <br />351 <br />Member Gitzen spoke in support of the motion and in agreement the comments of <br />352 <br />his other colleagues. <br />353 <br /> <br />