Planning Commission Minutes 2015 12 10

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Planning Commission Meeting Minutes December 10, 2015 Page 2 of 29 Tengler asks which were mandatory and which were to be specifically followed? Leary says if you look at the introduction to the Design Handbook for Downtown, there is a description of what the words mean. It starts out with the imperative. When the imperative "should" is used, those are mandatory. If it is a suggestion or the word "shall" is used, that would not be considered imperative. A second thing that I think is important is that there is a Downtown Framework Plan. There is a PUD requirement that any PUD has to be consistent with the Comprehensive Plan. The Downtown Framework Plan is incorporated into the Comp Plan and in the Resolution, there is no mention of that. These things come together in another provision in the statute that says you will use the strictest requirements. When you get into the Design Handbook for Downtown, very likely some of those "shoulds" are going to be much stricter than something else. Regarding the Downtown Framework Plan, there was one comment saying "I'm not too concerned about the height". It is not a matter of whether you are concerned about the heights because the Comp Plan says in the transition zone, it will be two stories. Whether that will be waived or not, and I don't know if it can, it would be by City Council. My only comment is to thank you, and mainly Mr. Russell, when you very firmly rejected the concept of doing quasi-judicial things, that there be any crony -ism. It was an important thing to say. I have two copies of the letter. Tengler says that since that hearing on 824 South Street is closed, we probably can't accept anything on the record relative to that hearing. Russ says I am not sure about collecting. The City Attorney today made it very clear that the item is closed and it is the Planning Commission's discretion. Tengler says John Leary has made very good points and since we closed the hearing on the item last month, we probably will not enter it into the record as an after -the -fact submission. Leary says my concern is that this applicant or other applicants coming in with the belief that the Design Handbook for Downtown is totally voluntary is an important issue. I don't know if the PC can set precedent that the City Council (CC) would have to follow. My other comment is that I haven't paid a lot of attention to Resolutions of Denial, but there seems to be a little bit of different style in this one. There is a list of the violations rather than a definition or explanation. Brauneis asks if the PC can have Staff follow up on the clarification from the City Attorney back in 2009? Russ says Staff supports what Mr. Leary said about the Design Handbook for Downtown. Staff will track down the letter for the PC records. Regular Business — Public Hearing Items ➢ A Resolution of Denial for 824 South Street Final PUD: A resolution denying a Planned Unit Development (PUD) and Special Review Use (SRU) for the construction of a new mixed -use building with 6,800 sf of commercial space and one residential unit, the remodel of the existing house, and outdoor sales at 824 South Street. • Staff member: Scott Robinson, Planner II Russ clarifies that the applicant has requested a continuance. Staff supports it. The hearing is closed. If the PC wishes to proceed with the Resolution of Denial, Staff has talked to the City Attorney and you have a right to proceed. PC can also choose not to proceed. Rice asks about the purpose of the continuance. If the hearing is complete and the record is closed, why continue it? Russ says the applicant wishes to be present. I want to point out, and the City Attorney asked that I make sure I point out to you, that the hearing is closed. Rice asks about the ramifications, if any, of continuing it. We are being asked to take the action item and move out one month. Is the applicant doing to City Council? Russ says yes, the applicant is asking for that. The applicant has not stated if they are going to City Council. If they choose to, it will delay it one month.