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Planning Commission Minutes November 10, 2008 Page 4 Keith Schupp, 340 Highway 10 South, representing Winkelman Building Corp. - he provided information regarding the location and type of trees (red and sugar maples) for the project. He noted that the trees would be oversized. He stated that the lighting would be directed downward to limit its impacts. He stated that they are trying to be neighborhood- friendly. There being no further comment, Chair Westgaard closed the public hearing. Commissioner Anderson asked if the median will remain on 193r~ Avenue at this intersection. Mr. Barnhart stated that the median will be revised to allow full access movements. He noted that the drawings do not show the future changes on 193~~ avenue. Commissioner Anderson asked how full access would function, since there is difficulty now getting onto 193~~ Avenue from Evans Street. Mr. Barnhart stated that the plan was reviewed at staff level and engineering staff felt that the intersection would function properly will full access. He noted that when improvements are completed for the 193~d Avenue Corridor, this intersection will be designed to be signalized at some point in the future. Chair Westgaard questioned the number of parking spaces and asked if it would be adequate for the anticipated maximum 750 students. Mr. Myhre of Minnesota School of Business stated that the classes are scheduled throughout the day and evening hours, and that the total enrollment includes online students. Chair Westgaard stated that he would like to see a buffer for the residential. He asked if the lights would be full cutoff. Mr. Barnhart stated the ordinance requires full cut-off lighting, and that only security lighting would remain on after closing in the evening. He stated that staff has concerns with screening the east side of the building with vegetation. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER AUSTAD TO RECOMMEND APPROVAL OF THE REUQEST BY WINKELMAN BUILDING CORP. FOR A CONDITIONAL USE PERMIT FOR MINNESOTA SCHOOL OF BUSINESS (MSB), CASE NO. CU 08- 21, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE PUBLIC WORKS DIRECTOR MEMO DATED OCTOBER 10, 2008 SHALL BE ADDRESSED. 2. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL ACQUIRE ALL REQUIRED PERMITS. 3. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. THE FIRE CHIEF SHALL VERIFY THE LOCATION OF ALL FIRE HYDRANTS, AND MAY REQUIRE ADDITIONAL HYDRANTS NECESSARY TO PRESERVE THE HEALTH AND SAFETY. 4. A WETLAND BUFFER OF 25 FEET APPLIES TO ALL WETLANDS AND A STRUCTURE SETBACK OF 20 FEET FROM THE BUFFER APPLIES. 5. AN EASEMENT SHALL BE PROVIDED COVERING THE SHARED DRIVE OFF OF 193 AVENUE, EAST OF THE BUILDING. 6. A LETTER OF CREDIT IN THE AMOUNT OF $50,000 AS SECURITY FOR THE SITE IMPROVEMENTS, INCLUDING EROSION CONTROL AND LANDSCAPING. 7. THE TREE DISTRIBUTION SHOULD BE, AT MINIMUM: 24 OVERSTORY, 12 ORNAMENTAL AND 11 EVERGREENS. 8. THE PARKING SHALL MEET THE MINIMUM 10' PARKING SETBACK FROM PROPERTY LINES.