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Planning Commission Meeting Minutes – Wednesday, June 02, 2010 Page 4 Mr. Paschke noted that group homes were permitted under MN State Statute, 146 along with group family daycare centers and other care use facilities within 147 certain zoning districts; with the City having limited ability to regulate their use. 148 Cindy Schwie, 1353 Ryan Avenue 149 Ms. Schwie provided, as a bench handout, a copy of the flyer that she had 150 created and distributed to the neighborhood residents. 151 Ms. Schwie sought assurances that there were no plans to remove the existing 152 fence on the south side of Har Mar Mall, nor any plans to open up roads for 153 additional access to the site, with Mr. Paschke reiterating previous statements to 154 that affect, and reviewed the process for any proposed changes at Har Mar 155 needing to be done through that property owners’ application for a Planned Unit 156 Development (PUD) Amendment public process, with their current PUD having 157 been established in the early 2000’s, and that mailed notice would be provided to 158 neighbors within 500’ of the parcel, in addition to published notice. At the request 159 of Commissioners, Mr. Paschke noted that even if the application was made, the 160 City would be under no obligation to find in favor of and approve such an 161 amendment, even if the applicant requested additional access, since the same 162 issues were retained for the Har Mar Mall parcel guided in the Comprehensive 163 Plan for Community Business adjacent to a residential neighborhood. 164 Chair Doherty assured residents in the audience that it would be highly unlikely 165 for the current Planning Commission and/or City Council, and most likely any 166 future bodies, to look favorably on such a request that would increase traffic on 167 the south side of the Har Mar Parcel into the residential neighborhood. 168 Ms. Schwie expressed concern in the language used in the post card notice that 169 the Public Hearing was to consider a zoning “update,” rather than “rezoning,” 170 given that the specific two (2) lots south of Har Mar were proposed to go from R- 171 1 to Commercial Business, signifying a major change; and opined that such 172 information should have been included on the post card notice. Ms. Schwie 173 expressed further concern that such land use designation could allow an 174 apartment building on the south side, which was also of great concern to the 175 neighborhood. 176 Chair Doherty advised that flyers were generic since they were provided to all 177 designated property owners in the City, and that individual notices would not 178 have been feasible. 179 Ms. Schwie alleged that Har Mar Mall’s zoning is not currently completely zoned 180 Shopping Center, but that a small portion on the south side was actually 181 designated B1-B and R-1. 182 Paul Johnston, 1406 Burke Avenue 183 Mr. Johnston expressed his concerns with the process, in proposing designated 184 zoning and then later specifying regulations. Mr. Johnston expressed further 185 concerns in the verbiage of the post card notice related to changing zoning 186 district names; advising that he almost threw the card away with junk mail after 187 only reading the first paragraph, and opined that the statement on the card was 188 deceptive. Mr. Johnston expressed additional concern regarding legislating 189 “style” related to pedestrian-friendly or unfriendly, and opined that the proposed 190 intent or purpose of codifying styles was not a good idea. 191 Commissioner Boerigter advised that Mr. Johnston was talking about residential 192 design standard specifics, that would be addressed later on tonight’s agenda, 193 suggesting his comment at that time, but not part of this specific hearing. 194 Allison Nicoli, 1349 Ryan Avenue W 195 Ms. Nicoli expressed concern about the possible expansion of Har Mar Mall; 196 noting the current residential area enjoyed by the neighborhood, and concerns 197