11/24/2008 Minutes - Laserfiche WebLink

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PI,ANNING & I)ESIGN COMMISSION CITY OF N012TH OLMS'I'ED MINUTES FOR MONDAY, NOVEMBER 24, 2008 ROLL CALL Mr. Laslco called the meeting to order at 7:30 p.m. in Council Chambers and led the Pledge of Allegiance. Present: Jolui Laslco, Melissa Meredith, Jim Cotner, Angela Williamson, Greg Malone, Don Rerlco Absent: Ralph Bohlmann Staff: Planning Director Kim Wenger, Assistant Law Director Bryan O'Malley, City Engineer Dan Collins, Clerk of Cominissions Donna Rote REVIEW AND CORRECTION OF MINiJTES Mr. Laslco moved, seconded by Mrs. Meredith, to approve the Planning & Design Commission ininutes of November 12, 2008 as written which was unanimously approved 6-0. OLD BUSINESS CMS06-40: Sai-ton Fark Senior LivinLy; PPN 233-07-009 (Barton Road Mr. Laslco said the proposal consisted of a development plan for a senior living facility which had been on hold since November 28, 2007; therefore the proposal was doclceted to bring finality to the matter. No representatives of the proposal were present. Ms. Wenger said the application was filed in 2006, and the proposal was tabled in November 2007, where the Commission requested plan changes and additional information. No action has since been talcen by the applicant to return to the Commission. The applicant was notified the matter would be addressed and requested to continue to be tabled until a future date. She recorrunended the commission talce action on the inactive case and require a new application in the future. Mr. O'Malley clarified that the applicant was notified of the meeting and chose not to be present. Their request to be tabled is an indication that they believe their retroactive application under a previous zoning classification would apply forever, which is entirely inappropriate. The initial application may have been under the old zoning (multi family) and if they had vigorously pursued the application it may have been able to avoid the changes of the zoning code. However no action has been talcen for a year. Therefore it is appropriate for the commission to apply the cunent zoning laws to the application which does not permit the proposed development. The commission could deny the application based on the fact no action has been taken since the last November meeting as well as the current zoning laws which does not allow multi family in the district. He recommended the commission talce action on the request to be tabled first then proceed to address the merits of the plan. Mr. Laslco said although the applicant requested to be tabled the e-mail submitted was deficient and the applicant is not present nor have plans or documents been submitted addressing the