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Planning Commission Meeting Minutes September 16, 2003 Page 17 1 A resident asked for clarification of the pedestrian access into the complex from the north and 2 from 37`h. Chair Melsha clarified that pedestrians would be able to access from Silver Lake 3 Road or Stinson Boulevard. 4 5 Chair Melsha closed the Public Hearing at 10:26 p.m. 6 7 Chair Melsha acknowledged the amount of work that has been done by the Development team 8 and reviewed with the Commission. He stated that what has been presented for their review is 9 what the City has set out to do. 10 11 Vice Chair Stille agreed that overall they have covered all the bases and that it has a good 12 appearance for the City. He agreed that it is consistent with the Comprehensive Plan and that 13 they have a developer with a strong history of long-term ownership of their properties. He 14 referenced the parking concerns noting that they have a good planner guiding them through the 15 process. He agreed that they would not be able to please everyone adding that he is very happy 16 with what they have accomplished so far. 17 18 Commissioner Hanson explained that he did not mean to pick on gun sales and acknowledged 19 that state and federal laws could supercede their local ordinances. Chair Melsha asked if there 20 are any more uses allowed in a PUD that are not allowed in other zoning districts. Assistant City 21 Attorney explained that a PUD does not allow someone to do whatever they want noting that 22 there are still ordinances that control what the City can or cannot do. He suggested that the 23 Commission include a reference to gun sales as a condition in their recommendation. 24 25 Mr. Shardlow agreed stating that they:are free to craft the development and suggested that the 26 Commission include a suggestion within the PUD that recommends to Council that would 27 preclude gun sales from the PUD. 28 29 Mr. Malkerson explained that there has to be a fully articulated basis to excluding the gun sale 30 use or it could be illegal. He explained that just because it is a PUD they do not have the 31 authority to rewrite the zoning districts and that it was his opinion that this would be a valid 32 decision under Minnesota Law. 33 34 Chair Melsha suggested having the City Attorney research this issue and that the Commission 35 not include in their recommendation. 36 37 Vice Chair Stille referenced the Cub Foods lot cross easements and suggested including this as a 38 part of their recommended conditions. 39 40 Mr. Malkerson clarified stating that they cannot control the tenants and that they would not be 41 able to include this in the conditions. Mr. Doran stated that Mr. Malkerson is correct, noting that 42 they are active in their negotiations for the Cub Foods Store and are willing to act on their 43 direction. He confirmed that they could not have it as a physical condition in their 44 recommendation. 45