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Planning Commission Minutes - July 18, 2000 Page 3 Previously, when this land use designation was discussed for revision in the Comp Plan from low density residential to community business, the Planning Commission did not agree with the Comp. Plan Task Force’s recommendation to rezone this site. The Planning Commission felt that auto repair service and gas sales were inconsistent with surrounding single family land uses. Ultimately, the rezoning would allow the property owner to expand the site with a special use permit. Schiferl asked if there is adequate screening at this site. Teague said the deciduous trees provide screening during summer months, but not in the winter. Karen Anderson, 2318 Long Lk. Rd., noted concern of noise and nuisances generated from the site, and is fearful the business will be operated 24 hours, 7 days a week. Mike Ryan, 2351 Brittany Ct., asked if the property owner could sell the site to a 24-hour operation if it were rezoned, and feels an expansion would create additional outside storage. Also, he suggested a paved pedestrian surface between the school and station. Scott Grams, 2250 Brittany Ct., noted litter problems generated from the school and station, and would have issue with a 24-hour operation at this site. ? said if Beach wished to expand the business, he would make application to the Planning Commission and a public hearing will be held. D.L. Beach, applicant, does not intend to sell the business and will continue its current operation, and added that tobacco sales and outside pop machines were recently removed to eliminate nuisances. He agreed that a paved walking path should be installed, and would continue to be a good neighbor by addressing late night noise issues. The future expansion would involve a 30 x 60 ft. building to the rear of the station which would provide storage and raising of the gas canopy for motor home access. No other public comment received. CLOSE THE HEARING Motion by Schmitz, seconded by Livingston, to . 6 Ayes - 0 Nays, Motion Carried. Baker asked if restrictions could be applied to a rezoning such as limiting hours of operation and use. Teague does not feel restrictions could be applied to the rezoning, but the special use permit could have certain conditions applied. Baker asked if this site could require a special use permit for all future uses. Teague said several future uses may only require a site plan review, such as a restaurant, and tying hours of operation to the site would be difficult in that instance. Baker supports the expansion, but recommends implementing a restrictive use or covenant on the property. Teague will explore the possibility of covenants applied to the property. Baker feels implementing covenants would allow for expansion, but also provide comfort to the adjacent property owners regarding the site’s future use. RECOMMEND APPROVAL OF R00-1, REZONING THE SUBJECT Motion by Zisla, seconded by Schopf, to PROPERTY FROM R-2, TWO FAMILY RESIDENTIAL TO B-3, GENERAL BUSINESS. 4 Ayes - 2 Nays, Motion Carried. nd Teague presented a special use permit to construct a 6 ft. wood privacy fence in a front yard at 744 22 Ave. NW. Access to the home is off a private driveway over a platted 30 ft. unimproved right-of-way (ROW) easement that nd extends to the west off 22 Ave. Within a front or street yard, fences may not exceed 3.5 ft. in height and shall have a least 7% of vertical surface open. The fence would provide privacy and screening along the north of the driveway and located within the unimproved street ROW. The property owner to the north has a 5 ft. fence within the ROW, but no special use permit was required. If the ROW were vacated, 15 ft. would become the applicant’s land and 15 ft. would be the northern landowners. The northern property owner does not object to the request. 3 I:\COMMISSIONS\PLANNING\MINUTES\2000\7-18-00.WPD