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HomeMy WebLinkAboutPlanning Commission Minutes 11-12-1996CITY OF PLYMOUTH PLANNING COMMISSION MINUTES NOVEMBER 12, 1996 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Allen Ribbe arrived at 7:08 p.m.), John Stoebner, Tim Bildsoe, Saundra Spigner, and Roger Berkowitz MEMBERS ABSENT: Commissioner Jeffrey Thompson STAFF PRESENT: Community Development Anne Hurlburt, Planning Supervisor Barbara Senness, Planner Shawn Drill, Building Official Joe Ryan, and Clerical Supervisor Denise Hutt 1. CALL TO ORDER: 7:00 p.m. 2. PUBLIC FORUM: 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES: MOTION by Commissioner Spigner, seconded by Commissioner Stoebner to recommend approval of the October 22, 1996 Planning Commission Minutes. Vote. 5 Ayes. MOTION carried unanimously. 5. CONSENT AGENDA: 6. PUBLIC HEARINGS: A. WESTURN CEDAR SUPPLY (96135) Chairman Stulberg introduced the request by Westurn Cedar Supply for a Planned Unit Development Amendment and Conditional Use Permit to allow outside storage of roofing supplies for property located at 705 Highway 169 North. Planner Drill gave an overview of the November 4, 1996 staff report. Planner Drill presented pictures of the site depicting the stacks of shingles, vegetation, and views of the site from different angles. Planner Drill stated that he talked with the person that registered the complaint. The complaint was registered because of rubbish and junk vehicles on the site. The complainant indicated that the site has been cleaned up since the complaint was filed. The complainant also stated their satisfaction with the proposed Planning Commission Minutes November 12, 1996 Page #267 fence. Planner Drill indicated that the applicant is proposing to extend the fence around to fill the void from all views. Planner Drill noted that the resolution contains an added Condition #5 as to when the fence would have to be in place (May 15, 1997). Chairman Stulberg introduced John Crotteau of 705 N. Highway 169, the petitioner. Crotteau stated that he concurs with the staff report. Mr. Crotteau added that if the fencing needs to be extended further on the west side beyond the tree line, they are willing to do that. Chairman Stulberg continued and closed the public hearing as there was no one present to speak on the issue. MOTION by Chairman Stulberg, seconded by Commissioner Bildsoe recommending approval of a Planned Unit Development Amendment and Conditional Use Permit for outside storage at Westurn Cedar Supply, 705 Highway 169 North. Commissioner Bildsoe asked if the applicant is allowed to have storage over the fence line. Planner Drill replied negatively. He added that the storage stacks measure just under six feet, and the proposed fence will be seven feet in height. Roll Call Vote. 5 Ayes. MOTION carried on a 5-0 Vote. (Commissioner Ribbe abstained due to missing part of the presentation.) B. NORTHERN STATES POWER (96152) Chairman Stulberg introduced the request by Northern States Power for a Site Plan Amendment, Conditional Use Permit, and Variances to install a 30 -foot high, 750 -foot long salt barrier between the Parkers Lake substation and I-494 to prevent the power from going out in the winter. Planning Supervisor Senness gave an overview of the November 7, 1996 staff report. Planning Supervisor Senness presented a sample of the material that will be used for the barrier. Commissioner Bildsoe asked if the barrier would be in place year round. Planning Supervisor Senness replied affirmatively. Commissioner Bildsoe asked if Northern States Power will be paying for all three projects that are required. Planning Supervisor Senness replied affirmatively. Chairman Stulberg introduced John Theis of Northern States Power, the petitioner. Mr. Theis stated that after the winter problems incurred in 1991 and 1996, Nothern States Power decided to make provisions to prevent future power outages. They concluded that no single project will totally resolve the problem, rather a combination of three projects is required. They include 1) recoating the insulators with a silicone product to protect them Planning Commission Minutes November 12, 1996 Page #268 from the salt at a cost of $250,000, 2) reconfiguring the substation, adding circuit breakers so they can run major functions with large parts of the substation out of service at a cost of $1.5 million and 3) constructing the salt barrier for reducing the influx of contaminant to the substation at a cost of $560,000. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Spigner, seconded by Commissioner Bildsoe recommending approval of a Site Plan Amendment, Conditional use Permit and Variances for Northern States Power for property located at 1235 Berkshire Lane. Commissioner Bildsoe commended Northern States Power for spending the money to save the residents aggravation of power outages. Roll Call Vote. 6 Ayes. MOTION carried unanimously. C. SPRINT SPECTRUM, L.P. (96160) Chairman Stulberg introduced the request by Sprint Spectrum, L.P. for a Site Plan Amendment and Conditional Use Permit to place a 140 feet telecomunications tower and ground build cell phone equipment at Hampton Hills Golf Course located at 5313 Juneau Lane North. Planner Drill gave an overview of the November 5, 1996 staff report. Planner Drill stated that the tower will be galvanized, which meets the zoning ordinance criteria. He also presented pictures depicting what the tower, monopole and platform would look like. Commissioner Bildsoe asked if the applicant intends to place antennas on the three water towers in Plymouth in conjunction with this application. Planner Drill replied that the applicant has also applied for approval to place antennas on the three towers. Director Hurlburt added that their lease has not yet been approved by the City Council. Commissioner Bildsoe asked if can they provide more than one carrier on the monopole. Planner Drill replied affirmatively. Commissioner Berkowitz asked if there is a water tower planned for this particular area of the City. Director Hurlburt replied that there is a water tower planned near the Nanterre project, but it may be a year or more before it is completed. Commissioner Spigner asked if there is an agreement between the Hampton Hills Golf Course and Sprint Spectrum. Director Hurlburt replied affirmatively. Commissioner Spigner voiced her concern over placing a tower in this particular location due to the fact that some day this may be developed as residential. She asked if the tower Planning Commission Minutes November 12, 1996 Page #269 had to built now, or could it wait until the water tower is completed. Commissioner Spigner wanted to know if there is a way to get rid of a telecommunication tower once it has been approved. Planner Drill replied that if a violation of the Conditional Use Permit occurs, it could be revoked. Commissioner Berkowitz asked if Sprint is proposing to lease from the owner of the golf course. If so, he wanted to know what would happen to the lease if the golf course is sold. Commissioner Ribbe wanted to know if the telecommunications tower would interfere with residential cable television. Chairman Stulberg introduced Anna Marie Solberg, representing the petitioner. In response to questions raised by Commissioners, Ms. Solberg stated that Sprint will enter into a 25 -year lease with the owner of the Hampton Hills Golf Course. The lease is an initial five-year term, with four five-year renewable terms. The lease will be transferrable and will be binding to a new owner if the golf course is sold. Ms. Solberg stated that the site is necessary for the entire suburban area, and without it, there would be a "dead zone". Ms. Solberg stated that the telecommunications tower operates on a microwave frequency (existing frequency that is just used in another way), and would not interfere with residential television reception. Ms. Solberg added that they would run a study to make sure it does not interfere with any other users. Commissioner Berkowitz asked Ms. Solberg if they had looked at the site for the proposed water tower. Ms. Solberg replied negatively, as they need something in place soon. Chairman Stulberg asked how far from the proposed site they can place the tower. Ms. Solberg explained that the towers need to be able to see each other in the air. Ms. Solberg stated that they chose this particular location because of the minimal impact on the surrounding area. Commissioner Spigner asked if there was any possibility of putting up a temporary antenna until the water tower is in place. Ms. Solberg replied that she would have to look into what type of temporary tower would work and look at the site proposed for the water tower. Commissioner Spigner stated that since Northwest Plymouth will be an issue for the Commission to start discussing next year, that perhaps this is not the best alternative, as it could possibly hinder future residential development. Ms. Solberg stated that they chose the site on golf course because it's not likely to be developed and it is tucked in and away from sight. Commissioner Ribbe asked if they would have sufficient height for a temporary tower. Ms. Solberg stated that she couldn't technically say for sure, but there are semi -trucks with towers on them to operate from. She stated that a truck would take up more space and be more visually displeasing. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Bruce Banister of 5340 Vicksburg Lane North. Mr. Bannister stated his opposition to the tower. Planning Commission Minutes November 12, 1996 Page #270 Mr. Bannister stated that the area zoned industrial across the street would be a more appropriate site for the tower. Chairman Stulberg introduced Ray Carlson of 5360 Vicksburg Lane North. Mr. Carlson stated that he is not necessarily opposed to the idea of a tower, but that there are other places that could be considered for the site. Mr. Carlson stated that the water tower that will be on the Nanterre project would be a more suitable location. Chairman Stulberg introduced Roger Schroeder of 5565 Juneau Lane North. Mr. Schroeder stated that it is difficult to believe that a 140 -foot tower can be tucked away. Mr. Schroeder asked if the tower will have guy wires and a blinking strobe light. Mr. Schroeder stated that he vehemently objects to this proposal. Chairman Stulberg closed the public hearing. In response to questions raised, Planner Drill stated that there will not be a warning light on top of the tower. Director Hurlburt asked if the applicant contacted the Metropolitan Airports Commission on their proposal. Ms. Solberg replied that they follow the FAA requirements, and received a letter from them that states the tower does not require lighting or striping. Ms. Solberg stated that there will not be any guy wires on the monopole, as it is a self-supporting structure. The tower is a tubular pole that extends from the ground and is aesthetically pleasing. Ms. Solber commented that they chose this part of the golf course as it is the least obtrusive for the golf course, golfers, and residents. Chairman Stulberg asked if there are any plans for the property across County Road 101 that was owned by the County for a future helicopter pad site. Planning Supervisor Senness commented that the property was sold. Commissioner Berkowitz stated that he shares the same concerns that were raised by Commissioner Spigner and surrounding residents. He stated that the tower would be more adequately suited for placement on the water tower after it is in place. MOTION by Commissioner Berkowitz, seconded by Commissioner Spigner to table the request by Sprint Spectrum to give the applicant time to investigate the feasibility of a temporary tower and the placement of a permanent structure on the new water tower. The request needs to be brought back to the Planning Commission before the February 8, 1997 deadline. Roll Call Vote. 5 Ayes. MOTION carried on a 5-1 Vote. (Chairman Stulberg voted nay.) Chairman Stulberg stated that his reason for voting nay was because he thought the item could of handled either up or down. D. STEINER & KOPPELMAN, INC. (96162) Chairman Stulberg introduced the request by Steiner & Koppelman, Inc. for a Shoreland Management Variance for a 22 -foot encroachment into the required 100 -foot setback for Planning Commission Minutes November 12, 1996 Page #271 construction of a new single family dwelling and inground swimming pool located at 205 Black Oak Lane. Building Official Ryan gave an overview of the November 4, 1996. Chairman Stulberg introduced Richard Lang, the petitioner. Mr. Lang commented that only the screen porch and garage would encroach on the 100 -foot setback line. Mr. Lang stated that he concurs with the staff report. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Dave Baudhuin of 235 Black Oaks Lane who declined to speak. Chairman Stulberg closed the public hearing. MOTION by Commissioner Stoebner, seconded by Commissioner Bildsoe recommending approval of a Variance to allow a Shoreland Management setback of 88 feet for the construction of a new single family dwelling and inground swimming pool for Richard Lang at 205 Black Oaks Lane. Roll Call Vote. 6 Ayes. MOTION carried unanimously. Chairman Stulberg called a recess at 7:57 p.m. and reconvened the meeting at 8:12 p.m. E. CITY OF PLYMOUTH (95100) Chairman Stulberg introduced the request by the City of Plymouth for adoption of Chapter 21 of the Plymouth City Code to establish a new Zoning Ordinance for the City of Plymouth, including adoption of a new map of zoning districts, repealing in its entirety Ordinance No. 80-9 and all amendments thereto. Planning Supervisor Senness stated that the City is looking at doing a new ordinance because the current ordinance was done almost 17 years ago and has 56 amendments. The current ordinance is not user friendly. In the Summer of 1995, the City Council directed staff to revise the ordinance. The City hired Northwest Associated Consultants in August 1995. The ordinance text was drafted from September 1995 to June 1996. Staff review and mapping took place from July to August 1996. The working draft of the ordinance was made available for public comment in September 1996. Six public meetings were held in October 1996. Public hearings on the ordinance will take place in November and then to the City Council for adoption in December 1996. If that schedule is followed, the new ordinance would take effect January 1, 1997. There will be future amendments to the ordinance. Planning Supervisor Senness stated that in this past year the City adopted new regulations pertaining to antennas, wetlands, loading docks, and city center zoning districts. David Licht, consultant, discussed the text aspects of the ordinance. He stated that what has not changed is sign regulations, antenna regulations, city center zoning districts, and environmental districts (shoreland, floodplain and wetland protection). Sign regulations Planning Commission Minutes November 12, 1996 Page #272 changed only in the form of relating to the new ordinance. There were only minimal changes relating to cross references. Mr. Licht stated that this process is modernizing what exists today. The theme of the new ordinance is flexibility, which gives the City more discretion. Staff has tried to simplify the ordinance and make it more user friendly. The structure of the ordinance is Administration, Performance Standards, and District Requirements. Administration. Under this section interim use is introduced. The environmental review process is outlined. The variance procedure has been simplified. Procedures were clarified to an extent that does not exist today and the process is now clearly outlined for various procedures. Most of the procedures are not new, but are now stated in the policy. The enforcement section was not changed. There was a lack of understanding how the ordinance is enforced. The City of Plymouth does not have someone patrolling the City pertaining to code compliance. It is on a complaint basis, in which the City receives a complaint and will then inspect the site. A letter is then sent to owner to correct the issue or given alternatives to correct the issue. A citation is usually only issued if the City and a owner reach an impasse after about a year to 18 months. Performance Standards. This section contains regulations that address the community. The Nonconforming uses are defined. There is now more flexibility introduced relating to single family dwellings and accessory buildings. Under parking and loading, there are now compact parking provisions. The parking requirements have been reduced in many cases. This section also addresses model homes, animals, landfills, and antennas. This section now also provides for regulations pertaining to sexually oriented businesses. The City is legally bound to provide opportunities, but is also trying to protect areas where minors are. District Requirements. The districts are mapped. Each district is structured in a uniform fashion with permitted uses, accessory uses (secondary that can automatically occur), Conditional Uses (allowed provided certain criteria is met), Interim Uses (similar to Conditional Uses), Administrative Permits, and area requirements and construction standards. Mr. Licht gave an overview of the districts that are proposed. The new ordinance contains more districts that are more narrowly defined. The FRD district stayed the same. Planned Unit Developments have been eliminated except for a few unique ones. The O -R (Office -Residential) district is intended as a transitional zone. The B -C district is for business offices and wholesale showrooms in an environment with a high level of amenitites. The current B-2 district is now divided into three districts: C-1 (convenience, personal services), C-2 (strip shopping centers) and C-4 (regional/community shopping) The current B-3 district in now split into two districts: C-3 (highway commercial like the area near Highway 55 & I-494) and C -W for high volume high storage uses. There were no changes to the City Center districts. The current I-1 district has been expanded to three districts: I-1 which is a transitional zone (allows more office space, restricts truck traffic), I-2 which also allows distribution centers, and I-3 for heavy industry such as steel Planning Commission Minutes November 12, 1996 Page #273 manufacturing. Planned Unit Development is now a district. There are no changes to the environmental districts. There is now a P -I district for public institutional uses. Director Hurlburt stated that revising the ordinance is a regulatory process, not a planning process. By the end of 1998, the City has to update its Comprehensive Plan in its entirety. Properties were put into a new zoning district as close as possible to their current zoning and land use. FRD parcels remain as FRD. The new ordinance will mean less red tape for property owners. Director Hurlburt stated that some changes were made in the text as a result of the public meetings. Topics that generated discussion at the public meetings were recreational vehicles, differences between I-1 and I-2 Districts, changes in procedures, relationship between zoning and the Comprehensive Plan, concerns about the process, and the timing of the new ordinance. There are 70 recommended text changes in all - some initiated by the City Council (recreational vehicles), Council suggested alternatives, major text changes (substantive), and minor changes/technical corrections. The City Council changes pertaining to recreational vehicles was ordered at their special meeting of October 29. The Council directed staff to eliminate all restrictions on parking of recreational vehicles and equipment in residential districts. The changes were made to pages 104 and 130. Council suggested alternatives include: 1) elimination of the requirement that the design of residential accessory buildings over 120 square feet (except in FRD) be compatible with their surroundings, and 2) consider action for keeping the minimum lot width in the RSF-1 District at 110 feet. Staff recommended reduction to 100 feet. Staff has reviewed the issue and feels that the 100 -foot width will minimize nonconformities and the need for Variances. Director Hurlburt described the proposed text changes. Definition changes are proposed to: distribution center (over 50,000 square feet); dog kennel - change to reference the City Code, as administration handles the licensing of kennels; outside storage - changing from 72 hours to 96 hours; sales in residential areas, garage sales and auto sales - change to reference the City Code. Major text changes proposed pertain to parking in residential areas (vehicle length, time change from 72 to 96 hours, paved parking areas same as it is today); setbacks - changed to three feet. RMF -4 and O -R Districts Lot Area - minimum lot area had 2,500 square feet and now proposed to lower to 2,200 square feet. The ordinance needed to be consistent with the Comprehensive Plan. Permitted uses such as boat, marine & snowmobile sales was moved from the C-2 district and placed in the C-4 district. Inside building supplies were added to the C-4 district. Vehicle leasing & rental were added to the C -W district. Offices in the I-1 district were increased to up to 50% by right. Bakery, wholesale and food processing uses were added to the I-2 district. Director Hurlburt gave an overview of the proposed map changes as listed in the November 8, 1996 staff report. She noted that two additional map changes were brought forward at the meeting, and are listed as #14 - Beyer Property and #15 -Bass Lake Road and Nathan Lane Commercial Sites. Director Hurlburt suggested that the map changes be acted on individually before the ordinance goes forward to the City Council. Planning Commission Minutes November 12, 1996 Page #274 Director Hurlburt stated that the public hearing will be continued to November 19, 1996. Commissioner Bildsoe asked why some PUDs were kept. Director Hurlburt explained that some of the PUDs that were approved are unique and do not fit well into the new classifications, such as the Northwest Business Campus, as it has an Indirect Source Permit. Commissioner Bildsoe asked for an explanation regarding changes to the parking regulations. Director Hurlburt replied that uses were added to the list and in many cases, the number of required spaces was reduced. The changes also include provision for shared parking and compact parking spaces. Director Hurlburt stated that there is a chart available showing the existing and proposed parking standards. Commissioner Spigner stated that she was concerned with additional uses that could be administratively approved by staff without having to come before the Planning Commission. Director Hurlburt explained that the administrative authority has not been expanded for commercial and industrial uses. The main difference will impact single family dwelling owners. The changes were made to have more equity among property owners. Currently, if a property is in a PUD, an owner would have to go through the Planning Commission to apply for a deck permit, while an owner across the street whose property is not in a PUD just applies for a deck permit through the building department. Commissioner Spigner stated that she would like to see a comparison of the existing and proposed changes for administrative permits. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced letters received from Kenneth and Sandra Solom of 3295 Garland Lane, David and Kelli Slavik of 3325 Everest Court North, and Randy and Susan Schaefer of 3330 Everest Court stating their opposition of zoning Site #5 - (Seven Ponds Commercial Site) C-3. Chairman Stulberg introduced Matt Van Slooten, representing Carlson Real Estate Company. Mr. Van Slooten stated that he supports the proposed change to the I-2 district for Carlson Business Center, but that office space should not be limited to 25%. If the change is made to 25%, they would like to be grandfathered in. Their application has already been approved, and they were intending to use up to 50% for office space. Mr. Van Slooten stated that looking at the commercial matrix of uses, he noted that tile sales should be allowed as an accessory use, florists should be allowed in the I-1 district and delicatessen and coffee shops should be a conditional use. Mr. Van Slooten stated that he will follow up with a memo to staff on his concerns/questions. Chairman Stulberg introduced Sandra Solum of 3295 Garland Lane. Ms. Solum stated that she did not want to have gas stations or fast food restaurants on the Seven Ponds PUD Commercial Site because of increased noise, traffic, and crime. Ms. Solum was concerned about the proximity of commercial and residential. Planning Commission Minutes November 12, 1996 Page #275 Chairman Stulberg introduced Kelli Slavik of 3325 Everest Court. Ms. Slavik stated that she was told by a City Councilmember that property could not be rezoned at Highway 55 and County Road 24. Ms. Slavik asked that the business area be restricted for the Seven Ponds PUD Commercial Site. Ms. Slavik stated that she did extensive research as to whether a City can change zoning. Ms. Slavik stated that the character of property has changed since the original zoning took place, and the zoning will have an adverse affect on their residential property. Chairman Stulberg introduced Richard Schmidt of 14310 -13th Avenue North. Mr. Schmidt stated his concern for limitations on an automobile parked in your yard for more than 96 hours if it is not operating. He stated that if you are restoring a vehicle, you can't get it done within that time limit. Mr. Schmidt stated that if he isn't allowed to build another garage stall, the ordinance would be restricting what he can do on his own property. He stated that the ordinance would be putting a hobbyist out of business. Mr. Schmidt asked if there is a definition for race car. Mr. Schmidt was concerned that satellite dishes can't be more than one meter in diameter. He stated that two meters in diameter would be more appropriate. Mr. Schmidt questioned Section 21145.06 pertaining to inspections of residential homes. He stated that it was an invasion of privacy. Director Hurlburt commented that Section 21145.06 pertains only to homes that were issued a home occupation permit to operate a business out of their home. Mr. Schmidt asked what the decision was on the Northern States Power item. He stated that he lives next to the site and didn't receive a notice. Director Hurlburt replied that staff will check to see if he was located within 500 feet of the Northern States Power site. In response to other questions raised by Mr. Schmidt, Director Hurlburt stated that the 96 hour limit for automobiles is a current code requirement. She stated that there is more liberal square footage to allow accessory buildings on the property should Mr. Schmidt choose to explore that option. Director Hurlburt noted that the race car definition is listed under recreational vehicles. Chairman Stulberg introduced LeRoy Reinecke of 14411 County Road 6. Mr. Reinecke commented that the present ordinance is quite restrictive. Mr. Reinecke was concerned that he would not be able to put an accessory building in his back yard under the proposed ordinance without having to obtain a Conditional Use Permit. Mr. Reinecke agreed that it would be better to have inside storage rather than outside storage because it looks nicer and there would be less of a chance of vandalism. Mr. Reinecke stated that the minimum lot size of 18,500 square feet for the RSF-1 district is too large. He stated that public transit only works with smaller lots and that the Planning Commission and City Council should consider that. Chairman Stulberg commented that the city currently has many lot sizes. Director Hurlburt stated that if Mr. Reinecke would like to come in and talk with City staff, they could take a look at his individual property to see whether he could have an accessory building. Planning Commission Minutes November 12, 1996 Page #276 Chairman Stulberg introduced Gary Lally, representing Plymouth Technology Park - Site 3. Mr. Lally presented a graphic and aerial photo of the site. He stated that he supports the change to I-2. Chairman Stulberg introduced Mike Johnson of 3345 Everest Court. Pertaining to the Seven Ponds PUD Commercial Site, Mr. Johnson stated that changing it to C-3 would be inappropriate. He stated that PUD does not go far enough to address some of the problems. Mr. Johnson stated that nowhere else in the city can you find such a sharp transition from residential to commercial properties. Mr. Johnson stated that there is no underlying commercial need for this property to be zoned C-3. The only access is through Garland Lane. Mr. Johnson stated that he has reviewed past court cases and the Minnesota courts have endorsed cities changing zoning. Mr. Johnson stated that the property can't be zoned C-3 because the only way to access the site is through a residential area. Mr. Johnson stated that he would like to see it changed to O -R before developmental work is done. Changing it to O -R would still give the owner the ability to make it economically feasible. Chairman Stulberg introduced Ted Hagen, representing Hans Hagen Homes. Mr. Hagen stated that their site should retain the PUD designation. Mr. Hagen stated that if the site retains the PUD designation, they are prepared to come before the City within 60 days with a development plan. Chairman Stulberg introduced Ed Albro of 4105 Fernbrook Lane. Mr. Albro commended the City Council on withdrawing the intrusive parts of the ordinance pertaining to recreational vehicles. Mr. Albro stated that the outside storage did not go far enough. He stated that all personal property covers a lot of ground other than recreational vehicles. He asked if there was a list somewhere that is not in the ordinance. He commented that the proposed ordinance is still intrusive in everyday life. Chairman Stulberg stated that if you try to define everything you will most likely leave something out. The more you list as yes or no, the more trouble you get yourself into. Director Hurlburt explained that the way zoning law works is, if you don't list a use as allowed, it is prohibited. Mr. Albro stated that the proposed ordinance is very specific in some items, and not in others. Mr. Albro thought that the Commission should reconsider the penalties, as they are too harsh. Director Hurlburt replied that it is the standard penalty clause in the City Code. Mr. Licht stated that the penalty clause was not in the first draft, and it does not need to be in this draft, but the City Attorney recommended that it be included. If something were to go to court, the City has the burden to show reasonable violation. Mr. Albro stated that he would like to see the hardship part of a Variance eliminated, or eliminate Variances altogether. Director Hurlburt replied that under state law, a Variance has to fall under hardship. She stated that Variances are a unique and special privilege Planning Commission Minutes November 12, 1996 Page #277 given. If the ordinance is not properly addressing a common policy, the ordinance needs to be changed. Chairman Stulberg introduced Don Smith of 10215 -31st Avenue North. Mr. Smith asked if the definition for regulatory flood protection and ordinary high water mean the same thing. Director Hurlburt answered typically no and suggested that she address his specific comment individually after the meeting. Chairman Stulberg stated that staff needs to look at the letters submitted tonight and give the Commission their recommendation. Director Hurlburt stated that staff will review the comments and bring forward any recommended changes to the Commission at their meeting on November 19. Director Hurlburt stated that information related to Administrative Permits will be mailed out with the packet. Commissioner Spigner stated that in regards to definitions, adult misdemeanor was left out. Commissioner Bildsoe asked if the next meeting will be just a continuation of the hearing. Director Hurlburt replied affirmatively. Chairman Stulberg asked staff to list out any changes that the Commission needs to take action on individually. Director Hurlburt stated that the reports and maps will be updated to supplement the current reports that the Commission received. Commissioner Bildsoe asked staff to discuss the property listed as Site #5 (Seven Ponds) in more detail in the report. Commissioner Berkowitz concurred that additional background and analysis would be helpful. Commissioner Stoebner concurred and asked for an expansion on the reasoning behind the limitations of the parcel. Director Hurlburt stated that the City can and does change zoning. She complimented the residents for their research on zoning law. She stated that the zoning must be consistent with the Comprehensive Plan. Director Hurlburt stated that the Comprehensive Plan would have to be amended first, and that is not what we are doing in this process. MOTION by Commissioner Spigner, seconded by Commissioner Bildsoe to adjourn. The meeting was adjourned at 10:34 p.m.