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Mounds View Planning Commission June 7, 2000 Regular Meeting Page 19 Planning and Land Use seminar, where he discovered that according to the Supreme Court, if a property is zoned for a specific use, and the developer meets all of the requirements, the City may not disallow the use on the basis that there are too many other similar uses in the area. He advised that this would be in violation of the U.S. Constitution, as well as the Commercial Code, therefore, if a proposal meets all of the specifications, and the zoning is in place, they must be allowed to proceed. Barry Peterson, Edgewood Drive stated that he understood this as it applies to private property, however, the subject property is public land. Commissioner Johnson advised that at this time, the land is privately owned. Mr. Peterson stated that the Midland Videen land is privately owned, however, the small pond was City owned, and this parcel was necessary in order for this proposal to proceed. He inquired if the development could occur without the City’s parcel of land. Commissioner Johnson stated that it could, however, it would be in closer proximity to some of the residents, and they would loose access to all of the woods. Mr. Peterson stated that he was not opposed to this proposal, however, had some questions and concerns. He requested clarification regarding the impact to the traffic in the area. He stated that the proposed location of the loading docks, as represented on the site plan, did not appear to be appropriate or particularly attractive. Mr. Cunningham stated that no loading docks were proposed. He explained that the site plan depicted an enclosed trash compactor and an overhead door facing northeast, which would be most visible from the Culver’s Restaurant. Mr. Peterson inquired if the entrance for both buildings would be taken off of Edgewood Drive. Mr. Cunningham indicated there would be a shared entrance for both the Culver’s Restaurant and Walgreens. Mr. Peterson stated that this would significantly affect the levels of traffic in the area. He stated that the Theater Project Planned Unit Development had undergone many changes, and it was difficult to recollect all of the things that occurred, however, the residents were ultimately informed that this was just a “bitter pill” that they would have to swallow. He stated that he did not desire to come to a point in this process where it is just another “bitter pill” that they must swallow because the project was so far along, and he would like to know these things in advance. Commissioner Johnson stated that the “bitter pill” in this situation would be the Midland Videen lot, which is currently zoned B-3, and as Commissioner Kaden had stated, if someone came in with a proposal to develop the 3.5 acres of developable land and could meet all of the requirements, the City could not stop them. He added that with this proposal, the City would maintain control over the development process.