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REQUEST FOR ACTION <br />To Item Number <br />Plannin Commission 5.5. <br />Agenda Section Meeting Date Prepared by <br />Planning Items November 10, 2008 Jeremy Barnhart, Planning Manager <br />Item Description Reviewed by <br />Request by Winkleman Building Corp. for Conditional Use <br />Permit for Minnesota School of Business (MSB), Case No, CU Reviewed by <br />08-21 -Public Hearing <br />Action Requested <br />Staff supports a Planning Commission recommendation of approval of the Conditional tTse Permit <br />request, as illustrated on drawings dated received on September 25, 2008, with the following conditions: <br />1. All comments of the Public Works Director memo dated October 10, 2008 shall be <br />addressed. <br />2. As a Conditional Use Permit is not a Building Permit, the applicant shall acquire all <br />required permits. <br />3. The development shall meet all applicable fire codes. The Fire Chief shall verify the <br />location of all fire hydrants, and may require additional hydrants necessary to preserve <br />the health and safety. <br />4. A wetland buffer of 25 feet applies to all wetlands and a structure setback of 20 feet from <br />the buffer applies. <br />5. An easement shall be provided covering the shared drive off of 193`d Avenue, east of the <br />building. <br />6. A letter of credit in the amount of $50,000 as security for the site improvements, <br />including erosion control and landscaping. <br />7. The tree distribution should be, at minimum: 24 overstory, 12 ornamental and 11 <br />evergreens. <br />8 The parking shall meet the minimum 10' parking setback ftom property lines. <br />9 All roof-mounted mechanical units shall be screened with a parapet wall ftom all public <br />ways, including Highway 169 and 193' Avenue. <br />Background/Discussion <br />Minnesota School of Business (MSB) desires to occupy a 2-story office building currently under <br />construction at the SE corner of 193`d and Highway 169, east of Evans Street. In October, the property <br />was subdivided, creating a buildable lot from a previous outlot of Hillside Estates. <br />An office building is a permitted use in the zoning district; the site plan for the building was approved <br />administratively on October 13, subject to conditions outlined in a Staff comment letter on that date. <br />Those conditions were incorporated into the conditions above. <br />