PC Minutes 6/26/06 & 6/28/06

ITEM NO. 5:              TEXT AMENDMENT TO CHAPTER 20 DEVELOPMENT CODE (SMS)

TA-05-03-06:  Consider revisions to Chapter 20, Development Code to correct inconsistencies identified since originally updated.

Item 5 was deferred due to the late hour to the Wednesday meeting with a 7-2 vote, Burress & Finkeldei in opposition.

STAFF PRESENTATION

Ms. Stogsdill introduced the item, a proposed two-part amendment to Chapter 20 of the Zoning Ordinance. For clarity, Staff referred to these two parts as Item 5A and 5B.

Item 5A was initiated by the Planning Commission in April 2006 and clarified that the Planning and City Commissions would have the ability to limit building types and uses in Planning Unit Developments.

Item 5B involved a list of identified inconsistencies and the need for clarification in the new development code document.  Staff recommended the Planning Commission initiate these items for public hearing in July 2006.  Ms. Stogsdill gave an overview of this list, asking for specific input from the Commission on the following items:

• Does the Commission wish to restrict Sexually Oriented Businesses (SOB’s)in the Downtown Area?  The City Legal Department says this is appropriate as long as SOB’s are allowed in other commercial districts. 
• The Downtown Urban Conservation District Guidelines (the historic preservation overlay district for the Downtown area) restrict the first floor of buildings on Massachusetts Street to office and retail uses – residential uses are allowed only on the 2^nd floor and above.  Does the Commission wish to revise the Special Use Permit language to agree with this restriction?

PUBLIC HEARING  - Item 5A only

No member of the public spoke on this item.

COMMISSION DISCUSSION

There was discussion about the intent of the Downtown Design Guidelines restriction against residential uses on the street level of Massachusetts Street.  Several Commissioners expressed general agreement with this intent and also with the concept of restricting SOB’s from the Downtown Historic District.

ACTION TAKEN

Item 5A

Motioned by Haase, seconded by Jennings to approve the revised language as presented by Staff for the Chapter 20, Section on 701(f) PUD’s and forward it to the City Commission with a recommendation for approval.

          Motion carried unanimously, 8-0.

Item 5B

Motioned by Finkeldei, seconded by Harris to initiate all items on the list prepared by Staff for public hearing in July 2006, with the addition of the two items from Article 5 identified in tonight’s Staff memo.

          Motion carried unanimously, 8-0.