Minutes - Planning Commission - 12/04/2003

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Chairperson Nixt asked if Staff knew what the average gross area is in the development area. Associate Planner Wald indicated she would guess most are less than 35%, with approximately 30% on average. Chairperson Nixt stated he has two main concerns; first is the flat 25% coverage, and the second is reconstructirn of non-conforming uses. Associate planner Wald noted the language is the same as in the City Code now. Chairperson N~xt indicated he understands that, but the City does not usually make sweeping changes to th~ code. He stated if he is at 25.01% now, I should not be prevented from reconstructing my business in the same way. Commissioner~rJohnson indicated what they are talking about with not being able to rebuild is a fairly standard ~way to deal with con-conforming uses, but it is different with business. He stated the problem with the Highway 10 Business District is a problem throughout the Metro area. He asked if Staff [0oked at other areas that have gone through this and can say this is how it should be done for the' results we want. Associate Planner Wald indicated they used the ordinance from Eden Prairie. Commissioner Johnson asked if Staffhas seen how that played out, and if it was successful. Associate Planner Wald stated Staff' s understanding is that it is working very well. Assistant Community Development Director Trudgeon noted the Eden Prairie ordinance has been in existence since 1982 or 1983 and has worked well. Chairperson NiXt asked that they keep in mind what Eden Prairie looked like in 1982 or 1983. It was vastly undeveloped in comparison to Highway 10. Commissioner Johnson stated the concern, however, is that it provides a transition, whether they get there in fiv~ years, 10 years or more. He indicated if Staff is comfortable with how it looks, it l[ . says a lot about,;how the ordinance works. Chairperson Nixt indicated it is very difficult to walk the line where there is a vested interest, but the City is in the position of having to be good stewards to their businesses that contribute to the tax base as Well. He understands the concerns, but to rush an ordinance because of a commitment tO. not extend the moratorium is not the fight way. He thinks they should consider a short extension~o review the ordinance proposal and have a work session to discuss it. Associate Planner Wald clarified the intent of the SUP is to allow Staff to review expansion, not to give exceptiOns. Planning Commission/December 4, 2003 Page 13of 20