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Planning Commission Minutes Page 8 August 11, 2009 --------------------------- The original plat indicated 135 spaces for 60 units, a ratio of 2.25 spaces per unit. With proof of parking proposed, the applicant provides 2.34 spaces per unit. Without proof of parking, the applicant improves 2.02 spaces per unit or 107 spaces. Staff supports accepting the proof of parking and that if it is needed, the citywill require it to be built. Commissioner Westberg asked if the apartment building was part of the original PUD. Mr. Barnhart stated yes. Discussion followed regarding access on private streets and sidewalks. Ms. Church stated that residents were concerned that apartment residents would cut through their private streets to get to the full intersection at 171St. A concern was also raised that apartment residents would use association sidewalks, which the association pays to maintain. Mr. Barnhart noted that some cut through traffic is unavoidable, since some of the streets are public. Discussion followed regarding use of the private park Ms. Church stated they could prohibit someone from using the park if an adult drove to the park area and they were clearly not a resident; the residents could tell them it was a private park She stated it would not be appropriate to approach a child and ask them if they lived there. The question was raised why a public hearing was not held on the previous application. Mr. Barnhart explained that the request was not a conditional use permit. He explained how the property owners list was obtained MOTION BY COMMISSIONER ANDERSON, SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY DUFFY DEVELOPMENT CORP. FOR A CONDITIONAL USE PERMIT TO AMEND THE PLANNED UNIT DEVELOPMENT AGREEMENT FOR ELK RIVER STATION, ALLOWING 53 UNITS AND PARKING RATIO AT 2.32 SPACES PER UNIT. MOTION CARRIED 7-0. MOTION BY COMMISSIONER ANDERSON, SECONDED BY COMMISSIONER BELL TO RECOMMEND APPROVAL OF THE SITE PLAN FORA 53-UNIT APARTMENT BUILDING, AS ILLUSTRATED ON THE DRAWINGS DATED SEPTEMBER 3, 2009, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER'S MEMOS DATED SEPTEMBER 10, 2009 AND MARCH 10, 2008 SHALL BE ADDRESSED. 2. ALL COMMENTS AND CONDITIONS OF THE ENVIRONMENTAL TECHNICIAN MEMO DATED MARCH 4, 2008 SHALL BE ADDRESSED. 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 OF THE RESIDENTS. 4. A NPDES PERMIT IS REQUIRED PRIOR TO FINAL APPROVAL OF CONSTRUCTION DRAWINGS. 5. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS, LANDSCAPE, AND TRAIL INSTALLATION SHALL BE SUBMITTED AT THE TIME OF BUILDING PERMIT APPLICATION PER SECTION 30-604(B).