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Planning Commission Meeting Minutes – Wednesday, December 05, 2007 Page 3 Public Comment Patrick Schmidt, 1140 Autumn Street Mr. Schmidt, speaking in opposition and on behalf of the residents of Autumn Street, provided a bench handout entitled, “FAST – Foes of Autumn Street Traffic,” dated December 5, 2007; including an Appendix 1 with signatures of residents joining in our expression of concern; and Appendix 2 providing four photos of Autumn Street and 1901 Lexington Avenue; attached hereto and made a part thereof. Mr. Schmidt expanded on those written comments. Comments included safety concerns for children in the residential area; need to restrict any traffic flow to Autumn Street; and notably concerns with any potential rezoning of the subject property, with potential future implications beyond this use. Chair Bakeman closed the Public Hearing. Discussion led by City Planner Thomas Paschke included current uses allowed in B-1 Zoning areas, and comparisons in B-1B Zoning Districts, with existing permitted uses having as great of an impact as the proposed zoning and permitted uses. Mr. Paschke recognized that this use would change the complexion of the site and area; however, opined that the limited parking area would self-regulate uses. Further discussion included the size of the site (.34 acres; 15,000 square feet); long-term impacts of uses on the residential neighborhood; intensity of permitted uses on area traffic; and zoning of adjoining properties and potential uses. Commissioner Doherty opined that he was not supportive of the proposal, noting that there was a significant difference in an office building and a restaurant; and expressed his concern with zoning differences in perpetuity. Commissioner Doherty spoke in support of the applicant’s proposal and their proposed use if not for the rezoning requirement; however, noted that he was considering long-term permitted uses; and opined that there was enough uncertainty that he couldn’t support the rezoning. Commissioner Boerigter recognized Commissioner Doherty’s concerns; however, opined that when he reviewed permitted uses in a B-1 Zoning, compared to the B-1B Zone, restaurant uses were allowed in either zone. Commissioner Boerigter further opined that the Planning Commission and/or City Council did have some control as to whether a drive-thru could be permitted in the future; and further recognized issues of those B-3 properties on the north, while not being convinced that there was a negative impact to permit the use and rezone the property to allow coffee shops/delis in this area, with minimal traffic impacts to Lexington and restricted access to Autumn Street. Commissioner Gasongo opined that he believes that Lexington Avenue from County Road B-2 to Larpenteur will eventually become commercially zoned in the future, with only four (4) homes left between this site and the mall; and end results would be similar. Commissioner Wozniak concurred with staff and Commissioner Boerigter’s comments; opining that the site would most likely become self-regulating; and recognized that there may be some additional traffic on Autumn Street as a result of this businesses, but questioned whether it would be noticeable or not. Commissioner Wozniak expressed interest in this use on this corner, and offered his support of the application. MOTION Member Boerigter moved, seconded by Member Wozniak to RECOMMEND APPROVAL OF A REZONING for Michael Schueller and the owners of the property at 1901 Lexington Avenue from the existing B-1 (Limited Business) Zoning District to the proposed B-1B (Limited Retail) Zoning District, based on the comments and findings of the Sections 6 and 6 of the project report dated December 5, 2007; noting that rezoning approval requires, prior to occupation, that the conditions of the existing Conditional Use Permit, as indicated in City Council Resolution No. 9414, be complied with, based on staff research and findings, and as a stand-alone requirement (i.e., removal of parking areas along Autumn Street and enclosed trash area). Ayes: 5 Nays: 2 (Gottfried; Doherty) Motion carried.