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CC Minutes 12-13-04 City Council Meeting - December 13, 2004 would concur with my fellow council members. To Mr. Klingelhutz and Ms. Clayton's point, affordable housing is an issue. It's something that we're working on and we will continue to work on and whatever tools we have at our control, we will consider and look at. My observation of affordable housing is there is no silver bullet. There is no program, no option, no solution that works perfectly 100 percent of the time. You have to take the options that you have and the tools you have and apply them where you can to get it done and it's an opportunity in a case by case basis so we'll continue to look for those. Any other comments? Discussion points? If not, is there amotion? Councilman Labatt: I move that we adopt the attached ordinance amending Chapter 4 of the Chanhassen City Code. I w Mayor Furlong: Thank you. Is there a second? Councilman Peterson: Second. Mayor Furlong: Made and seconded. Any discussion? Hearing none we'll proceed with the vote. Councilman Labatt moved, Councilman Peterson seconded that the City Council adopt the ordinance amending Chapter 4 of the Chanhassen City Code. All voted in favor and the motion carried unanimously with a vote of 5 to O. PUBLIC HEARING: APPROVE TERMINATION OF CONDITIONAL USE PERMIT FOR A 190 FOOT COMMERCIAL RADIO TOWER. 100 FLYING CLOUD DRIVE. BEA TRICE ZWIERS ( MOON VALLEY). Kate Aanenson: Thank you. The site located just north on Flying Cloud Drive, recently you've seen that. The Moon Valley site which you recently approved a subdivision. The property has requested a termination of a tower, 190 foot tower. The public hearing is to address the fact that the City may revoke the permit for any of the following circumstances. Material changes or condition of a neighborhood where the use is, and certainly that has changed. On May 10th the City Council approved a comprehensive plan amendment and you also rezoned the property from A2 and actually the subdivision streets are in. They'll be pulling permits on that shortly so really this is to clean up the title. The tower is down and this is to clean up the title on the property that the cell tower has been removed. So the staff is recommending approval of the termination of the conditional use permit and I'd be happy to answer any questions that you have. Mayor Furlong: Thank you. Questions for staff. This was actually initiated by the property owner, is that correct? I'm sorry. Kate Aanenson: There is a representative here too. Mayor Furlong: Okay. Any issues you'd like to direct to the council then as representative? Yep, okay. This is a public hearing. 19 City Council Meeting - December 13, 2004 Kate Aanenson: Correct. Mayor Furlong: So we will open up the podium and invite interested parties to come forward and address the council on this matter. Please state your name and address. Seeing no one, we will close the public hearing and bring it back to council for discussion. Is there any discussion? If there's no discussion, is there amotion? Councilman Peterson: Motion to approve. Mayor Furlong: Thank you. Is there a second? Councilman Ayotte: Second. Mayor Furlong: Now they're jumping in. All those in favor, any discussion on the motion? Councilman Labatt: Give that second to Ayotte since this is his last meeting. Todd Gerhardt: Okay, he's got it. Councilman Peterson moved, Councilman Ayotte seconded that the City Council terminate Conditional Use Permit #87-14 for a 199 foot commercial radio tower and antenna and an 8 foot by 16 foot building on the property described in the attached Termination of Conditional Use Permit. All voted in favor and the motion carried unanimously with a vote of 5 to O. REOUEST FOR AN AMENDMENT TO THE CENTURY PLAZA RETAIL CENTER PUD TO ALLOW ADDITIONAL NEIGHBORHOOD CONVENIENCE USES. NORTHWEST INTERSECTION OF CENTURY BOULEVARD AND WEST 78TH STREET. ARBORETUM EXCHANGE. LLC. Kate Aanenson: Thank you. The subject site is located on Century Boulevard, a commercial center. This is zoned PUD. It is a neighborhood business district. The applicant is requesting to amend that pUD to allow a broader range of uses. This item did appear before the Planning Commission on October 19th. There was some ambiguity in the motion as they presented it. They recommended denial but for, but once you recommend denial then it's a denial so we kind of rephrased the, refrained the motion to support when it appears before you to support what really what the Planning Commission wanted, and that was that they did approve a health club use that met the criteria of 5,000 square feet. And that's really what kind of drive that neighborhood business so you don't have one single user. That they be limited in 5,000 square feet and they'd really be those types of uses that meet the daily needs of the resident. So with that the Planning Commission ultimately did support that but their motion did say denial. So the City Council motion as we framed for the City Council that they approve the PUD amendment only to include physical exercise clubs up to 5,000 square feet. Again the applicant wanted a much broader use of the district, so with that I'd be happy to answer any questions that you'd have. 20