PC 2014 09 02
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SEPTEMBER 2, 2014
Chairman Aller called the meeting to order at 7:00 p.m.
MEMBERS PRESENT:
Andrew Aller, Steve Weick, Lisa Hokkanen, and Dan Campion
MEMBERS ABSENT:
Kim Tennyson, Mark Undestad, and Maryam Yusuf
STAFF PRESENT:
Kate Aanenson, Community Development Director; Bob Generous, Senior Planner;
and Alyson Fauske, Assistant City Engineer
PUBLIC PRESENT:
Marlene Bentz 8596 Powers Place
Tim Pane 2345 Fawn Hill Court
Rich Glover 2347 Fawn Hill Court
Theresa Bentz 7280 Galpin Boulevard
Lynda DePoe 13377 Europa CTN, Hugo
PUBLIC HEARING:
VISTAS AT BENTZ FARM: REQUEST FOR REZONING FROM AGRICULTURAL ESTATE
(A2) TO RESIDENTIAL-LOW & MEDIUM DENSITY (RLM); CONDITIONAL USE PERMIT
TO PERMIT DEVELOPMENT WITHIN THE BLUFF CREEK CORRIDOR; AND
PRELIMINARY PLAT WITH VARIANCES CREATING 15 LOTS, 4 OUTLOTS AND PUBLIC
RIGHT-OF-WAY ON APPROXIMATELY 19 ACRES OF PROPERTY LOCATED AT 7280
AND 7300 GALPIN BOULEVARD. APPLICANT: HOMESTEAD PARTNERS, LLC,
PLANNING CASE 2014-18.
Generous: Thank you Chairman Aller, commissioners. As you stated this is Vistas at Bentz Farm. It’s
Planning Case 2014-18. Homestead Partners is the developer for this property. Property’s located at
7280 and 7300 Galpin Boulevard. There are two parcels involved in the subdivision. It’s just to the
th
northwest of West 78 and Galpin Boulevard. Along the south side and the west side of this property is
Bluff Creek and the Bluff Creek headwaters area. There’s an extensive wetland complex that extends out
to the west of this property. There’s three parts to the request tonight. The first is rezoning of the
property from Agricultural Estate District to Residential Low and Medium Density. The second is a
Conditional Use Permit for development within the Bluff Creek corridor and finally is the preliminary
plat with a variance for the use of a private street creating 15 lots and 4 outlots in the public right-of-way.
As stated this property is currently zoned Agricultural Estate District. It’s guided in the City’s
Comprehensive Plan for residential low density which permits residential densities of 1.2 to 4 units per
acre. The proposed development comes in at 1.65 units per acre so it would be consistent with that land
use designation. Staff is recommending approval of this RLM district. While the RLM district allows
narrower lot widths, because of the depth of a lot of these lots they almost meet the single family
residential district requirements so they exceed the 9,000 square foot minimum lot size that is allowed
within the RLM District. And also as part of the approval we’re specifying that it’s for single family
detached housing only so at some in the future they would have to make some change to go anything
other than that. In 1984 two of these parcels, or the northerly parcel in the open space that was previously
included as part of this development were approved as part of a subdivision. The open space was at that
time was supposed to be attached either to the property to the north or the property to the south. That
hasn’t happened. This open space area that’s shown in the overhead has subsequently been purchased by
the house with the stable. We don’t have the final paperwork on that but that’s what we’ve been advised.
There is a condition that staff added under the planning conditions that it had to be combined as a zoning
lot so we preserve any accessibility to that site through the existing stable property. The conditional use
Chanhassen Planning Commission – September 2, 2014
permit is required for any development within the Bluff Creek corridor. The Bluff Creek corridor
requires a 40 foot setback from the primary zone with the first 20 feet of that being a buffer area. That
remains undeveloped and un-altered. They showed highlighting it. It actually, they show there’s an
upland area within the middle of that wetland area on the west that they’re preserving. Under the RLM
district there’s required to preserve a significant area of upland and this is the area that they are preserving
with the development. The, also everything within the primary zone will be preserved as permanent open
space. Staff is recommending approval of the conditional use permit with the requirement that that area
be dedicated as permanent open space either through fee ownership or through the dedication of a
conservation easement. Either way works. Finally the subdivision is to create 15 lots and 4 outlots. The
one outlot on the west, Outlot A is the permanent open space within this development. The other 3
outlots are, can be combined with portions of the property to the north to create additional lots should that
property come in for development. As throughout this entire process we’ve shown, we requested that the
developer show how the property to the north could be developed. We want to see how that Fawn Hill
would be connected and that the sewer and water systems would be completed through this area and so
they do have a ghost plat within the development that shows how that could be done. It is contingent on
the property to the north also being zoned RLM which would permit those smaller lot areas and smaller
lot widths. And again as a requirement for RLM district we would require that a significant area of
upland be preserved and so that area would function as that. We don’t, we believe it’s not developable
under the existing ordinance but we still would have someone to look at that to make sure that the wetland
and the Bluff Creek corridor and the buff setbacks would preclude development in that area so, but they
would be able to get credit as permanent open space. With that staff is recommending approval. Let’s
go, they’re going to mass grade the site as part of this development. They’re creating a berming system
along this southern private street to provide some screening for those lots that develop down there. They
have adjusted all the lot lines to comply with the minimum requirements under both the shoreland
ordinance, the private street ordinance and the RLM district regulations. With the mass grading of the
site the majority of the trees on the interior of the property will be removed. They have provided a
landscaping plan. I believe it’s, the requirement is that 3 trees be provided for each lot and so that
adequately meets the City’s standard. And then individual homeowners could add additional trees should
they want to. And here’s a landscaping plan. 3 trees per lot plus they’re providing some screening along
the berming area. They are preserving the trees along Galpin Boulevard on the north side of the project.
This is done through the inclusion of a retaining wall and in conjunction with that they’re providing
stormwater drainage for the rear yards. The variance for this project is for the private street. We did look
at the development of that area with a public street. While they could do it, it would force the houses
closer to the wetland area and the soils report say that there’s a significant poor soil conditions out there
so we’re trying to preserve as much, get them as far away from that as we can as part of the development.
The city ordinance permits up to 4 homes to be served via private street. It must be contained within at
least a 30 foot wide easement and have a 20 foot wide design, 7 ton roadway design. The proposed
development complies with all those requirements. Sewer and water as well as storm water being
provided as part of this development. We did submit this to all the small utilities for their review and
comments and they have, while it’s available they would work as part of the actual subdivision and get
the infrastructure in place. There is the Lyman Farm is located on this property and we are requiring that
the developer work with the Carver County Historical Society to develop some type of plaque or a kiosk
system to recognize that and I believe, or it most likely will be located adjacent to that private street area
because that’s approximately where the house is. The farm house is currently located. Staff is
recommending approval of the rezoning, the conditional use permit and the preliminary plat with the
variance for the private street subject to conditions in the staff report and adoption of the Findings of Fact
and Recommendations contained with that. With that I’d be happy to answer any questions.
Aller: Thank you. Just quickly the berm system is to be set up before the mass grading so there will be
some protection? Or.
Generous: In conjunction.
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Chanhassen Planning Commission – September 2, 2014
Aller: In conjunction with, okay. And then this has been before us before and gone through the process
with some minor caveats. It you could, for those present and those at home go through maybe the major
differences or if there are changes, point those out so we can all focus on things that weren’t discussed
before.
Generous: Well the only real difference is that the green open space area that’s shown on our plat was
originally included as part of the previous subdivision proposal and that was removed from the plat so we
had to come back through the process. They have revised the plans to meet a lot of the conditions that we
had pointed out with the original plat. Lot lines. Some utility improvements and so they improved it. It’s
not quite at the stage where they can do final plat approval but they’re pretty close. And to do a final plat
they need the construction plans.
Aanenson: So if I could just clarify a little bit on that. The concern that we had is there was, they wanted
to drop one of the properties from the plat itself and for us that meant there was a land locked piece of
property which is against the city code and the neighbors to the north, that was their biggest concern. So
we asked them to resolve that situation and they found the buyer which is the property between this plat
and the property to the north so that was resolved. It’s our understanding that a purchase agreement’s
taken place but it’s still covered with a condition of approval that we see that before final plat and
therefore we don’t have a piece of property that would be land locked.
Aller: Okay. Questions from anyone else at this point? No? Okay. What we’re going to do then is open
up the public hearing portion. Or the applicant, if the applicant would like to come forward.
Matt Hanish: Good evening. My name is Matt Hanish and I’m here representing Homestead Partners,
the developer this evening and I think that staff has done a great job of presenting, you know presenting
our development. I’d just really like to be here to answer any questions that any of you may have from
the developer.
Aller: Okay. It’s been before us before. My understanding is in looking at the documents and from Bob
is that you’ve incorporated a lot of the changes and a lot of the conditions that were in the prior
documents.
Matt Hanish: That is correct, yes.
Aller: Have you had an opportunity to read and review what we’ve got as a report tonight?
Matt Hanish: I have, yes. I’ve read the staff report and I’m in full agreement with what’s in the staff
report and ready to proceed forward on this.
Aller: So you don’t foresee any problems in working, continuing to work with staff to get these done?
Matt Hanish: I do not. No, I’m looking very forward to working with staff and the property owners to
bring this development forth.
Aller: Great, thank you. I don’t have any further questions at this point. Thank you sir.
Matt Hanish: Alright, thank you.
Aller: And now we’ll open the public hearing portion of the meeting and anyone present wishing to
speak for or against the item can do so at this time. Just come state your name and address for the record.
Seeing no one come forward, I’ll close the public hearing portion. Any comments? Further discussion.
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Chanhassen Planning Commission – September 2, 2014
Hokkanen: No. Very familiar with it.
Weick: No, it’s straight forward.
Aller: Been before us before. It’s been before council before so with the modifications that are there I’ll
entertain a motion.
Hokkanen: Okay, the Chanhassen Planning Commission recommends that the City Council approve
Rezoning of the property from Agricultural Estate (A2) to Residential Low & Medium Density (RLM); a
Conditional Use Permit to permit development within the Bluff Creek corridor; and Preliminary Plat
approval for 15 lots, 4 outlots and public right-of-way with a variance for the use of a private street for a
single family detached subdivision, subject to the conditions of the staff report and adopts the Findings of
Fact and Recommendation.
Aller: I have a motion. Do I have a second?
Campion: Second.
Aller: Having a motion and a second. Any further discussion? Seeing no discussion we’ll go ahead and
vote.
Hokkanen moved, Campion seconded that the Chanhassen Planning Commission recommends that
the City Council approve Rezoning of the property from Agricultural Estate (A2) to Residential
Low & Medium Density (RLM); a Conditional Use Permit to permit development within the Bluff
Creek corridor; and Preliminary Plat approval for 15 lots, 4 outlots and public right-of-way with a
variance for the use of a private street for a single family detached subdivision, subject to the
following conditions and adopts the Findings of Fact and Recommendation:
Rezoning
1. The rezoning shall apply only to the platted lots within Vistas at Bentz Farms and exclude the outlots.
Conditional Use Permit
2. Dedicate Outlot A to the City as permanent open space.
Subdivision
Building Official Conditions
1.
Provide a 1:200 “clean” plat drawing.
2.
Demolition permits are required for the removal of any existing structures.
3.
Buildings may be required to be designed by an architect and/or engineer as determined by the
Building Official.
4.
A final grading plan and soils report must be submitted to the Inspections Division before permits can
be issued.
5.
Retaining walls over four feet high require a permit and must be designed by a professional engineer.
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Chanhassen Planning Commission – September 2, 2014
6.
Each lot must be provided with separate sewer and water services.
7.
The applicant and/or their agent shall meet with the Inspections Division as early as possible to
discuss plan review and permit procedures.
Engineering Conditions
1. The developer shall update the title search for this property and find the documentation for the
roadway easement on Parcel 2.
2. The final plan submittal must show the proposed elevation at the proposed building corners.
3. Proposed lots shall be graded to drain away from building locations.
4. The grading plan must show proposed elevations at the center of the proposed driveway at the curb
line.
5. The lowest building opening for properties adjacent to an Emergency Over-Flow (EOF) must be a
minimum of 1 foot above the EOF elevation.
6. The plans must identify proposed stockpile areas.
7. The retaining wall must be designed by a professional engineer registered in the state of Minnesota.
8. The following materials are prohibited for retaining wall construction: smooth face, poured in place
concrete (stamped or patterned is acceptable), masonry, railroad ties and timber. Walls taller than 6
feet shall not be constructed with boulder rock.
9. A Homeowners Association (HOA) must be created to take ownership and maintenance
responsibility of the retaining wall and any drain tile that will cross property lines.
10. Curb and gutter are required for the private street.
11. The engineering department’s preference would be to remove the farm drives and the culverts
underneath them. The developer’s engineer shall work with Carver County staff to accomplish this.
12. The proposed watermain pipe shall by C900.
13. An assessment for the Lake Ann Interceptor improvements from 2003 is outstanding for this property.
The principal of $187.50 must be paid or reassessed to the individual lots at the time of final plat.
14. An assessment for water and sewer improvements from 2002 is outstanding. The principal of
$38,922.00 must be paid or reassessed to the individual lots at the time of final plat.
15. Water and sewer partial hook-ups are due at the time of final plat. The partial hook-up fees will be
assessed at the rate in effect at that time.
Fire Marshal Conditions
1.A three-foot clear space must be maintained around fire hydrants.
2.Prior to combustible construction, fire hydrants must be made serviceable.
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Chanhassen Planning Commission – September 2, 2014
3.Temporary street signs shall be installed prior to and during construction.
4.Prior to combustible construction, fire apparatus access roads capable of supporting the
weight of fire apparatus shall be made serviceable.
5.No burning permits will be issued for trees, brush that is removed.
6.The center island in the proposed cul du sac is not allowed.
7.Submit proposed private street name to Chanhassen Fire Marshal and Building Official for
review and approval.
8.An additional fire hydrant will be required at the northwest corner of Galpin Boulevard and
Fawn Hill Road.
9.“No Parking Fire Lane” signs will be required on the east side of the private
drive/road. Spacing shall be 75 feet, wording on both sides of posts. Contact Chanhassen
Fire Marshal for more information if needed.
Natural Resource Specialist Conditions
1. Tree protection fencing will be required around any preserved trees. It shall be installed prior to
grading.
2. Tree preservation fencing shall be installed at the dripline around tree #432. The applicant shall
revise the grading plan to show no grading within a 20’ diameter around the trunk of the tree, with the
exception of the street installation to the west of the tree.
3. The applicant shall remove all hazard and diseased trees in the bufferyard area prior to final
acceptance of the completed development.
4. Each lot shall have a minimum of three trees planted, at least one of those trees must be in the front
yard.
5. In the plant schedule, the applicant should correct Picea abies as Norway spruce, not Norway pine.
Parks Conditions
1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected at the
time of final plat recording.
Planning Conditions
1. The applicant needs to calculate the lot areas of Lots 1 through 4 excluding the lot area encompassed
within the private street easement.
2. Lots within the development are limited to single-family detached homes.
3. The applicant shall work with the Carver County Historical Society to create and install a historic
marker or plaque for the property commemorating the Lyman Farm.
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Chanhassen Planning Commission – September 2, 2014
4. Unless the property to the northwest is combined with the property to the north of this development as
a zoning lot, which is ghost platted in conjunction with this plat, the developer will be required to
show how to this parcel will be accessed and developed.
Water Resource Specialist Conditions
1. The developer’s engineer shall work with staff to provide more clear and concise demarcation of the
Bluff Creek Overlay District and the setback from the Bluff Creek Overlay District.
2. The Bluff Creek Overlay District boundary shall be demarcated with appropriate signage at all points
of intersection with lot lines and at all major angle points. This signage shall be show on the plat, site
plan and erosion control plan.
3. All signage for the Bluff Creek Overlay District shall be installed prior to any earth-disturbing
activity unless otherwise approved by the City in writing.
4. That portion of the Bluff Creek Overlay District and applicable setback disturbed for site grading
shall be vegetated in native vegetation and a planting plan and schedule shall be provided.
5. Outlot A shall be dedicated to the City.
6. The swale behind Lots 13 and 14 shall have a drain tile installed as part of the site grading and utility
installation. This shall be included before final plat approval.
7. The pond designs shall include either the installation of forebays as described in the City’s Surface
Water Management Plan or provide for the installation of environmental manholes or four-foot or
deeper sump manholes with a SAFL baffle at CBMH A2 and B2.
8. The filtration bench shall be lined with an impervious geotextile fabric to prevent intrusion of ground
water into the trench and due to the lack of adequate separation to water table.
9. A comprehensive, stand-alone SWPPP document with all elements required by Part III of the NPDES
construction permit shall be prepared and submitted to the City for review and comment before final
plat approval.
10. The applicant must demonstrate the infeasibility of alternate methods of volume reduction to justify
the absence of any volume reducing management practices as is currently proposed before final plat
approval.
11. The applicant must comply with the requirements of all other jurisdictional agencies with authority
over the project area.
12. Surface Water Management connection charges are estimated to be $57,136.00. This connection
charge will be due at the time of final plat.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Aller: For the record there is a quorum present and this matter will be set for September 22, 2014 before
the City Council so those of you at home or those present that want to follow this through to it’s final
conclusion can do so and these documents that we’ve been looking at and from the prior hearings are all
on the City’s website so if you want to you can review them there. Moving onto item 2.
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Chanhassen Planning Commission – September 2, 2014
PUBLIC HEARING:
CELL TOWER CUP AMENDMENT: REQUEST FOR AMENDMENT TO CONDITIONAL
USE PERMIT 1990-03 TO EXTEND THE HEIGHT OF AN EXISTING WIRELESS TOWER ON
3.32 ACRES OF PROPERTY ZONED AGRICULTURAL ESTATE (A2) AND LOCATED AT
2290 LYMAN BOULEVARD (OUTLOT B, STONE CREEK FIRST ADDITION). APPLICANT:
AMERICAN TOWER CORPORATION, PLANNING CASE 2014-26.
Generous: Thank you Chairman Aller, commissioners. This, the request is for an amendment to an
existing Conditional Use Permit for a communication tower. In 1990 this was originally approved for
115 foot height limitation. The applicant needs to expand their antennas 3 feet above that. This property
is located on Galpin Boulevard, just north of the railroad tracks. On the northeast corner of that area. It’s
been in place, it was amended in 2009 to add additional equipment at the, and the base level and to co-
locate some antennas on there. Their current proposal is to increase the height by approximately 3 feet so
they need to go to approximately 118 feet. The site, if you look at from the air it’s actually bermed and
screened very well for that lower area. You can’t see it from the houses to the north and it’s hidden
behind the building, from Lyman Boulevard so, and the railroad tracks is also a good screen for the
property. The existing tower would remain in place. The existing structure on the ground would remain
in place. There’s no additions to that. Just some interior equipment. This is the tower and their proposal.
As you can see the yellow line represents the existing height limitation for this and as you can see the top
of the antennas are above that 115 limit. Our ordinance defines the height as from the ground level to the
highest point of the tower, including all antennas and so to accommodate that they needed to amend the
CUP for this property. Staff is recommending approval to allow them to go up to 120 feet in height for
the antennas. That’s in case there’s some errors in anyone’s math and it gives them a little flex room and
so we don’t have to bring it back for just 2 more feet. So with that, and adoption of the attached Findings
of Fact and Recommendation. With that I’d be happy to answer any questions. Thank you.
Aller: Any questions at this point? Would the applicant like to step forward?
Lynda DePoe: Good evening.
Aller: Good evening.
Lynda DePoe: Commissioners, how are you? I’m Lynda DePoe. I’m representing both the tower owner,
American Tower Corporation and the sub-tenant Verizon Wireless and I work for Jacob’s Engineering
and Verizon Wireless is our client.
Aller: Welcome.
Lynda DePoe: Good evening.
Aller: So it looks like you built a better mousetrap.
Lynda DePoe: You know it’s interesting I think land use at the time when the permit was initially issued,
the pertinences were not taken into consideration and so we just sort of had a little bit of a hiccup that’s
been brought to our attention now so we certainly would like to see it brought into compliance.
Aller: Great. And it looks like you’ve requested just what’s needed.
Lynda DePoe: Correct.
Aller: And not anymore so thank you.
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Chanhassen Planning Commission – September 2, 2014
Lynda DePoe: No, thank you.
Aller: Too many people ask for bigger and better and not needing it.
Lynda DePoe: No. And it’s obviously a co-locatable tower which is an awesome thing.
Aanenson: That is a requirement of the City that we try to do the co-location. I’d also say this is one of
the older ones in town and at that time it’s the tri-pole. Most of the ones you see now are monopoles so
something different.
Lynda DePoe: True.
Aller: Something unique. Thank you.
Lynda DePoe: Thank you.
Aller: Any questions of the applicant? We’ll open the public hearing portion of the meeting. Anyone
present wishing to speak either for or against the item can do so at this time. Seeing no one come forward
we’ll close the public hearing portion of the meeting and discussion. I think it’s pretty straight forward.
Hokkanen: Yep.
Aller: I’ll entertain a motion.
Weick: It’s even straight forward for me.
Hokkanen: No questions, come on.
Aller: Sounds like Commissioner Weick wants to make a motion.
Weick: Sure. The Chanhassen Planning Commission recommends that City Council approve the
amendment to Conditional Use Permit 1990-03, Planning Case 2009-19 to allow a cell tower to be
extended to a height not to exceed 120 feet as shown in plans dated and received August 1, 2014, subject
to conditions and adoption of the attached Findings of Fact and Recommendation.
Aller: Okay I have a motion. Do I have a second?
Campion: Second.
Aller: Having a motion and a second. Any further discussion? Hearing none we’ll go ahead and vote.
Weick moved, Campion seconded that the Chanhassen Planning Commission recommends the City
Council approve Planning Case 2014-26 amending Conditional Use Permit #2009-19 and Conditional
Use Permit 1990-03, to permit the height of the tower to be no higher than 120 feet as shown in plans
dated received August 1, 2014, , subject to the following conditions and adoption of the attached
Findings of Fact and Recommendation:
1. The tower and antennas shall comply with the requirements in Chapter 20, Article XXX, Towers and
Antennas, of the Chanhassen City Code.
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Chanhassen Planning Commission – September 2, 2014
2. No signage, advertising or identification of any kind intended to be visible from the ground or other
structures is permitted, except applicable warning and equipment information signage required by the
”
manufacturer or by Federal, State, or local authorities.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Lynda DePoe: Thank you very much.
Aller: Thank you. Again for those at home this item is set for final action before the City Council on
September 22, 2014 so if you want to follow this item, please feel free to come down and watch the City
Council in action or watch it on TV as you’re doing now. With that we’ll go to approval of the minutes.
APPROVAL OF MINUTES:
Commissioner Hokkanen noted the verbatim and summary Minutes of
the Planning Commission meeting dated August 19, 2014 as submitted.
COMMISSION PRESENTIONS:
None.
ADMINISTRATIVE PRESENTATIONS.
Aanenson: In your packet there was no council update because the last council meeting was strictly
budget presentations so didn’t have anything there. I did hand out for you the tour that we have next
Wednesday so I will also email it to the rest of the commissioners and if you can’t make it let me know or
if you’re going to try to catch up with us somewhere along the way. We’ll try to leave by 5:45 because it
does get dark and so we’ll meet here at City Hall and we’ll depart from here with a couple of the vans. I
thth
did include in your packet, we do have besides a tour on the 10, on the 16 we do have 3 items that were
in. One is another subdivision. Four lot subdivision. And then we also have another restaurant to review
with another pad with that and then we also have a variance request. And we are anticipating two other
th
projects to come in. Two other commercial projects to come in on October 7 so.
Aller: Great, busy time.
Aanenson: Yes, very busy time. So that is all I had Chairman.
Aller: Thank you. Anything else. Hearing nothing else I’ll entertain a motion to adjourn.
Hokkanen moved, Campion seconded to adjourn the meeting. All voted in favor and the motion
carried unanimously with a vote of 4 to 0. The Planning Commission meeting was adjourned at
7:25 p.m.
Submitted by Kate Aanenson, Community Development Director Prepared by Nann Opheim
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