PC Packet 08-21-2012 - Laserfiche WebLink

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Not Approved Commissioner Banker questioned what benefits would be gained from the traffic study. Public Works Director Wyffels stated the traffic study would provide a great deal of information on how to mitigate any concerns if the proposed use were to locate at the proposed location. In addition, it would address the needs of traffic signals or stop signs,along with the impact on existing traffic. Commissioner Danger asked why the traffic study was not completed in a timely manner. City Planner Gundlach stated the applicants were told by Mike Spack the traffic study would take approximately two weeks and it would not have been completed in time for this evenings meeting. The applicant was made aware of the need of a traffic study on July 9th but they chose to not to move forward with one. Commissioner Danger questioned if the request could be approved contingent upon receiving a favorable traffic study. City Planner Gundlach stated there may be conditions attached to the traffic study that the City or County may need to meet in order for the use to be allowed at this site. The City Attorney cautioned the Commission from approving a special use permit on a contingent basis as it would be difficult to revoke the permit and could likely result in a lawsuit. Motion by Commissioner Matkaiti,seconded by Commissioner Danger to close the Public Hearing. Approved 7-0. Chairperson Howard stated it was unfortunate that the City did not have all the necessary information to review and approve the request this evening. Commissioner Matkaiti agreed. Commissioner Banker suggested the item be tabled in order to allow for the traffic study to be completed. City Planner Gundlach indicated this would not allow for action to be taken by the Council by the end of August. Chairperson Howard encouraged the Commission to either approve or deny the request to allow the Council to take action at their next meeting on July 24th Commissioner Danger stated the item hinged on a traffic study and he recommended the item be approved contingent upon the City receiving a favorable traffic study. He requested the applicant be flexible with the August 1st deadline. City Planner Gundlach stated the City has requested further information from the applicant,which has not been made available, and for this reason, staff was recommending denial. Commissioner Shardlow reiterated that the traffic in the area needed to be reviewed and not just the traffic that would be generated by the bus terminal. Motion by Commissioner Danger,seconded by Commissioner Meyers,to approve a special use permit and nonconforming use permit to permit the use of the property at 401 1st Street SW as a bus terminal contingent on the City receiving favorable results of a traffic study. Commissioner McPherson noted he would be abstaining from voting on this item because he does business with Walkerstoffer and had a conflict of interest. Motion failed 2-4-1 (Howard,Nichols-Matkaiti, Banker,Shardlow opposed)(McPherson abstained). Motion by Commissioner Matkaiti, seconded by Commissioner Banker,to deny the request consistent with staff recommendation. Approved 5-1-1 (Danger opposed) (McPherson abstained). Other Business: None. Adjournment: Motion by Commissioner Shardlow,seconded by Commissioner Matkaiti,to adjourn the meeting. 7 Ayes,0 Nays,Motion carried. Meeting adjourned at 9:02 PM 5