CCP 04-27-2010 - Laserfiche WebLink

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r Commissioner Schiferl opened the Public Hearing and asked if there were any additional comments, there were none. Motion by Commissioner Zisla, seconded by Commisioner Danger to close the Public Hearing. Approved 6-0, the Public Hearing was closed. Commissioner Zisla objected to including a trail easement, because currently there are notplans for the area, and the City does not have a legal right to request the easement. City Planner Gundlach reiterated this is not a requirement, and is not actually a condition for approval. Councilmember Phillips clarified his question was if the City can require the applicant build a sidewalk, not an easement. Councilmember Phillips suggested making a sidewalk (trailway) a condition of approval. Commissioner Schiferl questioned the stormwater retention issue on the northeast corner. Mr. Kellogg reported the design was consistent with the requirements of Rice Creek Watershed District. Mr. Kellogg reported that because there are not any landscape requirements, <a basic landscape:plan was submitted. Commissioner Schiferl described the submitted Landscape Plan as "not very impressive." City Planner Gundlach again explained the ordinance requires a Landscape Plan be submitted for: review and comment; the specific requirements are not included in the ordinance. Ms.:Stadther reported they have not had an opportunity to fully review the landscaping conditions requested by the City's consultant. Val Metland, co-owner of the restaurant reported they have a relationship with Noble Landscaping, and have been very pleased with their design services for all of their five stores, and offered to submit designs from Noble Landscaping. Motion by Schiferl , seconded by Zisla. to make a motion to approve staff recommendation with the following changes: • The addition to condition No.1 Native plantings are encouraged where appropriate, • Condition 2, delete section b (sidewalk) • Condition 5, a "Do not Enter" sign be installed at the one way section to the west of the proposed building. Approved 6-0 Commissioners questioned why Noble Landscape was not part of the original landscape plan submitted Commissioner McPherson stated he was not in agreement with removing item 2b, as it was simply a question and not a condition of approval. Commissioner Zisla explained this is a legal right that will run with the property, and the lack of specificity is not favorable. Commissioner Zisla suggested recommending the conditional use permit to the Council, along with an additional motion to the council related to the trail/sidewalk easement issue. Motion by Commissioner McPherson, seconded by Commissioner for McDonalds to allow for an easement for a trail or sidewalk. Approved 6-0 Zisla to review the opportunity • Commission Updates: Commissioner Schiferl introduced newly appointed Commissioner Erin Nichols Matkaiti.