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City Council Minutes October 18, 1999 Page 14 e 21. THAT A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 22. THAT A LANDSCAPE PLAN BE PROVIDED THAT SHOWS YARD AND BOULEVARD TREES AND SCREENING ALONG COUNTY ROAD NO.1 PRIOR TO FINAL PLAT. 23. THAT ALL THE MAIL BOXES IN THE CUL-DE-SACS BE CLUSTERED. 24. THAT PRIOR TO PRELIMINARY PLAT APPROVAL, THE DEVELOPER SHALL INVENTORY THE TREES ON THE WESTERN BORDER OF LOT 1, BLOCK 1, ILLUSTRATE THE TREES ON THE GRADING PLAN AND MAKE THE NECESSARY REVISIONS TO THE GRADING PLAN TO PROTECT THOSE TREES. PRIOR TO GRADING, THE DEVELOPER SHALL VISUALLY SHOW THE LINE BEYOND WHICH GRADING SHALL NOT OCCUR AND SHALL TAKE ALL NECESSARY PRECAUTIONS FOR EROSION CONTROL AND TO PREVENT DAMAGE TO THE TREES. 25. THE SIDE YARD SETBACK FOR THE WEST SIDE OF LOT 1, BLOCK 1 SHALL BE 20 FEET. 26. THAT ANY TREES ON OR OFF SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PROTECTED SHALL BE FENCED AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF DEBRIS OR EQUIPMENT e 27. THAT THE DEVELOPER MAKE EVERY EFFORT TO ACQUIRE OUTLOT A OF M-VALE FOR ACCESS TO THE DEVELOPMENT OFF OF LANDER STREET, AND IF THE DEVELOPER IS UNSUCCESSFUL THE CITY WILL ACQUIRE THE ACCESS WITH ALL EXPENSES PAID BY THE DEVELOPER. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-1. Mayor Klinzing opposed. 6.8. Reauest bv Timco for Rezonina (Fox Haven Commercial) from C4 to C3, Ordinance No. 99- , Public Hearing Case No. ZECH 99-8 Tom McKee of Timco requested that the rezoning be tabled to the next City Council meeting, since a full council was not present. Staff report by Michele McPherson. Timco, representing Allina, requests that 4.5 acres be rezoned from C4, Neighborhood Commercial to C3, Highway Commercial to allow construction of a medical clinic. The property is located in the northwest corner of Highway 10 and Joplin Street (Lots 1-3, Block 1, Fox Haven Commercial). Ms. McPherson discussed the uses allowed in the C3 and C4 zoning districts and suitability of medical clinics in theses areas. She discussed traffic and impacts on adjacent uses. She felt that the facility proposed by Allina is a regional-type clinic, not a "neighborhood" clinic such as a dentist, chiropractor, or other specialty clinic. e Ms. McPherson explained that although the Planning Commission unanimously recommended denial of the rezoning request, they were in agreement that a clinic would be appropriate for the site, and recommended that clinics be added to the uses permitted in the C4 zoning district. Ms. McPherson suggested that the council may consider some type of size limitation for clinics in the C4,