09/25/2006 Council Minutes (2) - Laserfiche WebLink

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COUNCIL MINUTES SEPTEMBER 25, 2006 APPROVED 1 Council Member Reinert moved to approve First Reading of Ordinance No. 09 — 06, removing the 2 amendment regarding residential care facilities. Council Member O'Donnell seconded the motion. 3 4 A roll call vote was taken: five yeas and zero nays. Motion carried unanimously. 5 6 Consider 1st Reading of Ordinance No. 10-06, Rezone Certain Real Property from LB, Limited 7 Business, to NB, Neighborhood Business, Lot 1, Block 16, Millers Crossroads, Located at the 8 Southeast Corner of Birch Street and Hodgson Road, Jeff Smyser — City Planner Smyser stated 9 the subject site is located at the southeast corner of Birch St. and Hodgson Rd. During the recent 10 discussion of site development, it because apparent that the existing zoning classification of the parcel 11 (LB. Limited Business) is inconsistent with the Council's intent when it rezoned the property in 12 September 2003. Specifically, the LB zone provides for auto -orientated uses that are not allowed in 13 the NB, Neighborhood Business zone. The commercial site is abutting and accessed through the 14 Millers Crossroads residential development. The Council wants to minimize impacts on those 15 residents caused by commercial activity. The potential for impacts would increase as traffic 16 increases, and auto oriented uses would increase the potential for increased traffic. Rezoning the site 17 to NB would avoid such impacts. 18 19 City Planner Smyser advised this rezoning should be completed as soon as possible to eliminate 20 uncertainty for this site with immediate development application potential. 21 •22 Mr. Peter Hiliger, Representative for Bruggeman Properties, came forward and read a letter from 23 Bruggeman Properties requesting the City deny the proposed rezoning of the property in question. He 24 asked that the letter be entered into the official record of the meeting. 25 26 Council Member Carlson moved to approve First Reading of Ordinance No. 10-06, as presented. 27 Council Member Reinert seconded the motion. 28 29 A roll call vote was taken: five yeas and zero nays. Motion carried unanimously. 30 31 Consideration of Resolution No. 06-156, Amending the Foxborough Conservation Easement to 32 Allow for Development Monument Sign, Jeff Smyser — City Planner Smyser advised the Council 33 accepted a conservation easement for Foxborough when it approved the final plat with Resolution No. 34 05-121. The easement is created and described in a document called the "Conservation Easement, 35 Covenants and Restrictions", which was approved with the same resolution. 36 37 City Planner Smyser stated Paragraph 4.D. of that document prohibits the construction of structures in 38 the easement other than stormwater facilities. The developer has constructed a monument sign within 39 the easement and has requested that the City agree to amend the easement document. The sign does 40 not interfere with any of the ecological restoration or management activities. 41 42 Council Member O'Donnell moved to approve Resolution No. 06-156, as presented. Council 43 Member Stoltz seconded the motion. Motion carried unanimously. • 44 45 UNFINISHED BUSINESS 4