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Planning Commission Meeting <br />Minutes – Wednesday, August 04, 2010 <br />Page 19 <br />unaware of the proposed plant, further opining that no one along Terminal Road <br />907 <br />to whom she had talked was happy about the potential plant being allowed. Ms. <br />908 <br />Ternes noted the need to notify tenants, not just property owners of record since <br />909 <br />many of those property owners were based at national or international corporate <br />910 <br />offices and not cognizant of how this plant could impact the local tenants. <br />911 <br />Mr. Paschke reiterated that staff provided notice by a distinctive process in City <br />912 <br />Code, within the policy as established by the City Council, to property owners <br />913 <br />within 500’ of the subject property, with State Statute requiring even less notice <br />914 <br />than that. Mr. Paschke reminded listeners that the City was not proposing the <br />915 <br />asphalt plant. <br />916 <br />Chair Doherty suggested that the tenants send their e-mail or written comments <br />917 <br />to City Hall or the City’s website for distribution by staff to Councilmembers and <br />918 <br />other parties identified as recipients by the sender. <br />919 <br />Mr. Paschke, in focusing on the concerns of Ms. Ternes regarding notification of <br />920 <br />existing tenants and current versus proposed land use designations, noted that <br />921 <br />two events were happening: today’s use by tenants, and the Comprehensive <br />922 <br />Plan’s guidance for future use that may be different than the existing use. Mr. <br />923 <br />Paschke noted that this did not mean that existing uses could not continue as <br />924 <br />legal, nonconforming uses, until sold or the business was no longer in existence. <br />925 <br />Mr. Paschke advised that the Comprehensive Plan and Zoning Code were <br />926 <br />consistent in guiding the land use designation to Office or Business Park, and <br />927 <br />were designed with that goal in mind, not necessarily based on existing uses on <br />928 <br />any given parcel. <br />929 <br />Ms. Ternes questioned if there would be a change in property taxes due to this <br />930 <br />proposed zoning change. <br />931 <br />Mr. Paschke clarified that the taxes were based on commercial tax rates <br />932 <br />established by Ramsey County, not a specific use. <br />933 <br />Ms. Ternes opined that even with a berm around her property, there was no way <br />934 <br />to shield an asphalt plant. <br />935 <br />Mr. Lloyd noted that the focus of tonight’s discussion was not about the asphalt <br />936 <br />plant, and that this issue was not coming before the Planning Commission again, <br />937 <br />but once the MPCA had made their ruling it would go directly to the City Council <br />938 <br />for final action. Mr. Lloyd clarified that e-mails to the Planning Commission would <br />939 <br />therefore not be as effective as if they were directed to the City Council as the <br />940 <br />final decision-makers. <br />941 <br />Ms. Ternes opined that this rezoning issue is hard to understand, and coming <br />942 <br />before the body was intimidating, and further opined that a business owner <br />943 <br />needed a lawyer to protect their interests or to speak directly to the Commission <br />944 <br />on this issue, and suggested that this may preclude some people coming to <br />945 <br />speak. <br />946 <br />Further discussion included staff responding to and clarifying for Ms. Ternes the <br />947 <br />purpose and goals of the proposed condensation of current versus proposed <br />948 <br />zoning codes for Business and Industrial Districts; and standards remaining in <br />949 <br />place, with some revisions to make it more enforceable; however, Mr. Paschke <br />950 <br />noted that environmental standards are in the current code as well as the <br />951 <br />proposed, once the regulations and standards are fully developed and brought <br />952 <br />forward this fall for review and public hearing. <br />953 <br />Additional discussion included industrial uses and zoning districts; chemical uses <br />954 <br />currently allowed; production or manufacture of chemicals versus use of those <br />955 <br />chemicals; clarification of uses on the Table of Uses; and safeguards in place. <br />956 <br /> <br />