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Planning Commission Meeting Minutes – Wednesday, December 05, 2007 Page 9 Mr. Agnes thanked Mr. Rich for his comments, and making the applicant aware of screening issues, handicap accessibility, and other issues that could be addressed during the design phases. Chair Bakeman noted that everyone wants this mall to be successful. Chair Bakeman closed the Public Hearing. MOTION Member Bakeman moved, seconded by Member Martinson to RECOMMEND APPROVAL the of requested PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT for HarMar Mall to redevelop the former Backyard Grill site with a new sit-down restaurant on a differently-configured outlot adjacent to Snelling Avenue and the Mall access drive, based on the comments in Section 6 and conditions of Section and 7 of the project report dated December 5, 2007; a mended to include Public Works, Environment and Transportation Commission conditions detailed in the staff report, specifically, Conditions 6.6, 6.14 and 6.19; with the staff’s condition 7.1 modified to provide that the proposed setback adjacent to Snelling Avenue and adjacent to the south property line be consistent with the plan document supported in staff’s review and continuing work with the applicant and modified to indicate: 30’ from Snelling Avenue property line; and a minimum of 50’ from the south property line; and noting that conditions indicate that deliveries on the west or south side of the building are discouraged, and that future building designs submitted to staff promote an east/west delivery area. Commissioner Doherty expressed concern with an open-ended commitment on traffic costs; while supporting cost-sharing of 25% of the 2008 MnDOT improvements. Commissioner Boerigter concurred with Commissioner Doherty’s concerns; opining that he supported the 25% for 2008 MnDOT improvements; but was hesitant to require such an obligation of the applicant without benefit of a public hearing, given the City’s standard practice. Commissioner Bakeman opined that HarMar was the only business on the east side that would benefit from improvements to the intersection; and further opined that the costs for the improvements for Northwestern College were unknown as well. Commissioner Gottfried opined his support for the proposed cost-sharing in perpetuity. Further discussion ensued among Commissioners regarding the 25% obligation being requested of the applicant for future intersection improvements; assessment provisions for future improvements; staff’s interpretation to apply direct benefits for HarMar Mall’s portion of the signal improvements within the City’s jurisdiction; and staff’s rationale for determining a 25% benefit to HarMar for future improvements. Ayes: 5 Nays: 2 (Doherty; Boerigter) Motion carried. Commissioners asked that staff include this discussion for the City Council, for their consideration as a policy decision, specific to this issue. Chair Bakeman advised that the Case was scheduled to be heard by the City Council at their January 14, 2008 meeting. d. PROJECT FILE 0010 Consideration of revisions to the City Code that would increase the distribution area for direct mailing of public notices to 500’ from subject properties Chair Bakeman opened the Public Hearing for Project File 0010. Mr. Paschke reviewed current practice and distance provisions for public notification regarding pending land use and zoning public hearings; and recent City Council discussions and preferences. Mr. Paschke reviewed State Statute 462.357, Subd. 3; City Code requirements for the public information process for zoning and land use issues, and additional staff notifications above and beyond those requirements; and proposed modifications to City Code related to staff recommendations to expand the