ROLL CALL

In the matter of the request of Walmart, SP 10-42A, motion to recommend approval of the Special Land Use permit, subject to the following:

1. Planning Commission finding under Section 2516.2.c for the Special Land Use permit:

That, relative to other feasible uses of the site,

• The proposed use will not cause any detrimental impact on existing thoroughfares due to the fact that the proposed outdoor garden center totals less than 6% of the total square footage of the store and is accessory to the main use.
• The proposed use is compatible with adjacent uses of land in terms of location, size, character, and impact on adjacent property or the surrounding neighborhood due to the fact that the proposed garden center will not generate a substantial amount of noise or adverse impacts
• The proposed use is consistent with the goals, objectives and recommendations of the City’s Master Plan for Land Use.
• The proposed use will promote the use of land in a socially and economically desirable manner.

• The proposed use is in harmony with the purposes and conforms to the applicable site design regulations of the zoning district in which it is located as noted in the staff review letters and

2. Provided the applicant provides garden center screening per Zoning Ordinance requirements; subject to the applicant obtaining a Zoning Board of Appeals variance for the projection of the Garden Center into the front yard; and subject to modifications to the plan to provide adequate corner clearance near the Garden Center as indicated in the Traffic Engineer’s review letter; and
3. Compliance with all conditions and requirements listed in the staff and consultant review letters.

This motion is made because the plan is otherwise in compliance with Article 16, Article 24 and Article 25 and all other applicable provisions of the Zoning Ordinance. Motion carried 7-3 (Nay- Baratta, Cassis, Larson).

In the matter of Walmart, SP 10-42A, motion to recommend approval of the Preliminary Site Plan, subject to the following:

1. With regard to the recycle area, the applicant should relocate the recycle area inside the building, or otherwise bring this area into conformance with ordinance standards;
2. With regard to the open air business use, the Zoning Board of Appeals granting a variance to allow the open air business use to project into the front yard; provided the applicant provides adequate corner clearance.
3. With regard to the masonry screen wall for the open air business use, the applicant should raise the height of the masonry portion of the garden center screen wall to a height of 6 feet;
4. A permitted reduction of the interior side yard (north) building setback to 0 feet because

   1.) A reduction in setback, or waiver of a setback altogether, will not impair the health, safety or general welfare of the City as related to the use of the premise or adjacent premises;

   2.) Waiver of the setback along a common parcel line between two premises would result in a more desirable relationship between a proposed building and an existing building; and

   3.) The adherence to a minimum required setback would result in the establishment of nonusable land area that could create maintenance problems.

5. The Zoning Board of Appeals granting variances for the lack of parking setbacks in all yards;
6. The Zoning Board of Appeals granting a variance for the eastern loading zone location;
7. The applicant providing a loading zone for the bulk materials pick-up area as indicated in their response letter and the Zoning Board of Appeals granting a variance for the southern loading zone location;
8. The Zoning Board of Appeals granting a variance for the location of the trash compactor;
9. With regard to open space, the applicant providing additional open space;
10. The Zoning Board of Appeals granting a variance for the property line illumination levels;
11. The City Council granting a Section 9 waiver for the use of non-copper colored standing seam metal roofs and the overage of metal;
12. With regard to the use of EIFS and Phenolic Panels, the applicant using brick of the colors indicated on the sample board in lieu of all Phenolic Panels and EIFS, other than cornices;
13. The applicant adjusting the building design to be compatible with the surrounding architecture including extending the upper EIFS cornice across the entire west facade; and
14. Compliance with all conditions and requirements listed in the staff and consultant review letters.

This motion is made because the plan is otherwise in compliance with Article 16, Article 24 and Article 25 and all other applicable provisions of the Zoning Ordinance. Motion carried 6-3. (Nay-Baratta, Cassis, Larson).

This motion is made because the plan is otherwise in compliance with Article 16, Article 24 and Article 25 and all other applicable provisions of the Zoning Ordinance. Motion carried 9-0.

2. SET A PUBLIC HEARING FOR JANUARY 12, 2011 FOR TEXT ADMENDMENT 11-100.40 TO CONSIDER A REQUEST BY TBON, LLC TO AMEND THE SIGN ORDINANCE TO ALLOW PROMOTIONAL WALL SIGNS, SUBJECT TO CONDITIONS IN THE EXO, EXPOSITION OVERLAY AND EXPO, EXPOSITION DISTRICTS.

Motion to set a public hearing for Text Amendment 11-400.40 for January 12, 2011. Motion carried 9-0.

3. SET A PUBLIC HEARING FOR JANUARY 12, 2011 FOR TEXT ADMENDMENT 18.246 TO AMEND THE I-1, LIGHT INDUSTRIAL SECTION OF THE ZONING ORDINANCE.

Motion to set a public hearing for Text Amendment 18.245 for January 12, 2011. Motion carried 9-0.

5. APPROVAL OF THE OCTOBER 6, 2010 PLANNING COMMISSION MINUTES

Motion to approve the October 6, 2010 Planning Commission minutes. Motion carried 9-0.

6. APPROVAL OF THE NOVEMBER 10, 2010 PLANNING COMMISSION MINUTES

ADJOURNMENT