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Planning Commission Minutes February 10, 2009 Page 2 MOTION BY COMMISSIONER AUSTAD AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY WASTE MANAGEMENT TO EXTEND THE CONDITIONAL USE PERMIT AND LICENSE FOR THE ELK RIVER LANDFILL FOR ONE YEAR. MOTION CARRIED 6-0. 5.2. Request by 7040 Lakeland Partners, LLC for Conditional Use Permit for Retail Building Addition. Case No. 09-05 -Public Hearin Mr. Leeseberg stated that the applicant proposes a 20,950 square foot building addition in Elk Ridge Center, adjacent to Aldi. The Planned Unit Development for this subdivision states that zero lot line development requires a conditional use permit. Mr. Leeseberg noted that the proposed building is approximately 10,000 square feet smaller than what was approved with the master plan. He reviewed the seven standards for approving a conditional use permit, explaining how the request met each of the criteria. Mr. Leeseberg reviewed the building design, parking and landscaping. Staff recommends approval of the request with the 16 conditions listed in the staff report. Vice Chair Scott opened the public hearing. Antonio Luciano, 19757 Irving Street -Stated he liked the proposed plan. He noted that the improvements to the Aldi's facility were greatly appreciated. Mr. Luciano expressed concern how his property and the neighbor's property would be impacted by MnDOT's future plan for the intersection at 197th Avenue and Highway 169. Lisa Reynolds, 11625 197th Avenue -Asked what is the proposed use of the new building. She asked if additional signage was being proposed, if it would be lighted, and what impact it may have on her residence. Mr. Leeseberg stated that the new business would be required to use the existing monument sign. Ray Reynolds, 11625 197th Avenue -Stated he had a concern with the additional traffic another business would add. He asked if the city has reviewed the traffic issues. Mr. Reynolds asked if the city could review their driveway location. Vice Chair stated that the traffic patterns were looked at as part of the Planned Unit Development process. Mr. Barnhart stated that the intersections were planned for full build- out of the project. He stated that if there is a safety concern, the driveway access could be looked at. Antonio Luciano -explained that the developer, Mr. Hempel, had proposed realignment of the driveway to the previous owners of the Reynolds property, but they had refused. He asked if the developer could be required to revisit the issue. Mr. Leeseberg stated that if the present owners have a concern with their driveway, they could meet with staff. Mr. Barnhart noted that it was unlikely they could require the developer to pay for any relocation costs, since his offer to the original owner was refused. John Patterson, representing the applicant -Stated that the tenant is a national retailer. He reviewed the design and layout of the site, location of the loading dock, screening and landscaping. Lisa Reynolds -stated she already has a concern with her children getting on the bus, and that the new business would generate even more traffic. Mr. Reynolds asked for clarification