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Motion Carried. Voting Yes. Chairperson 'Nixt. Commissioners Van Scoy, Levine, Shepherd, <br />and Watson. Voting No: None. Abstain: Commissioner Brauer. Absent: Commissioner <br />Johnson. <br />Case 910: Public Hearing — Request to Rezone Certain Property from B-1 Business and <br />Public/Quasi-Public to Planned Unit Development, and R-1 Residential to <br />Public/Quasi-Public; Case of GM Land Development <br />Motion by Chairperson Nixt, seconded by Commissioner Levine, to recommend that City <br />Council adopt Findings of Fact relating to a request from GM Land Development to rezone <br />certain property from B-1 Business and Public/Quasi-Public to Planned Unit Development; and <br />R-1 Residential to Public/Quasi-Public. <br />Further discussion: Commissioner Van Scoy inquired about the number of acres of open space <br />that has not yet been filled in under Item No. 10 of the findings. Commissioner Van Scoy <br />questioned if the. 3, 7 acres to N rezoned to Publlc/Quasl Puhhc ;according to Item N0 4 of the <br />resolution is in addition to existing Public/Quasi Public land. vAssistant Community <br />Development Director Frolik replied that is correct. The City Hall and Fire Station area are <br />already zoned Public/Quasi Public. Chairperson Nixt requested clarification that there will not <br />'be less than 7.5 acres of private open space. Assistant Commune Deyelopment Dlxector replied <br />there is, a requirement for 50%° open space. She recalled that=earllez• in the ;day, she received <br />information indicating that; the proposal =%ncludes approximately 67°/a open spade, that calcrilation <br />needs to be verified. Chairperson Nixt stated the record` shgul effect thaItem No. I*C Will <br />include a minimum of 1:.S.acres of pnvate operspaceE <br />Motion Carried. Voting Yes: Chairperson Nixt, Commissioners Levine, Shepherd, Van'Scoy, <br />and Watson. Voting No: None. Abstain: Commissioner Brauer. Absent: Commissioner <br />Johnson. <br />Motion by Chairperson Nixt, seconded by ' Commissioner Levine, to recommend that City <br />Council approve the request for rezoning from GM Land Development, based on the Findings of <br />Fact, and contingent upon Metropolitan Council's approval of the request for a Comprehensive <br />Plan Amendment. <br />Further discussion: Commissioner Van Scoy questioned what will occur if the Planning <br />Commission's recommendations on the preliminary plat are rejected. Assistant Community <br />Development Director Frolik replied the Council has the authority and discretion to modify the <br />recommendation of the Planning Commission. Commissioner Van Scoy noted the park <br />dedication is covered in the Staff Review Letter. His concern is regarding the sidewalks. <br />Chairperson Nixt noted the rezoning is based on the Findings of Fact, and there is reasonably <br />direct connectivity between the preliminary plat and the rezoning request. <br />Motion Carried. Voting Yes: Chairperson Nixt, Commissioners Levine, Shepherd, Van Scoy, <br />and Watson. Voting No: None. Abstain: Commissioner Brauer. Absent: Commissioner <br />Johnson. <br />Planning Commission/November 3, 2005 <br />Page 20 of 30 <br />—271— <br />