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Commissioner Blank believed that streamlining this process was a great idea anti recalled <br />a situation where the conditional use permit was written so poorly that it created a <br />difficult situation for the owner of the Union Jack. He noted that conditional use permits <br />allowed the use to be brought back to the Planning Commission fin- a public hcariug. f Ie <br />also wanted to ensure that there was a mechanism in place to handle complaints. It <br />would allow for a hearing if a business were out of compliance. <br />Ms. Decker noted that the City often responded to complaints from neighboring <br />businesses or homes. She noted that the over-the-counter process was meant to handle <br />relatively benign issues and was a different category li•om the conditional use permit <br />process. <br />in response to an inquiry by Conunissioner Blank regarding whether the City had the <br />authority to tell a busiucss it was out of compliance and to stop operations, Ms. Decker <br />contirmcd that it did have that right and was part oCthe Code Enforcement process. <br />Commissioner O'Connor noted that significant problems with enforcement were not the <br />norm and he did not want to hold up progress in the City based on the few businesses that <br />cause problems. <br />Chairperson Pox noted that there were many times when the Commission was told that <br />the Code only applied to Downtown. She noted that while she was comfortable with <br />many changes for Downtown, she was concerned that the Commission had not heard <br />from ,Tames Paxson regarding how some of the otticc uses in the Hacienda Business Parl: <br />may be impacted. She noted that some businesses near tutoring businesses may have <br />toxic materials nearby, such as dentist offices. Shc inquired whether there may be certain <br />automatic approval in the Downtown district and whether other items for Hacienda <br />Business Park may he tabled until James Paxson has weighed in. <br />Ms. Ifariyman noted that much of the City is covered by a PUD and that this ordinance <br />did not apply to PUDs; that was the reason James Paxson did not speak. She noted that <br />this applied to straight-zoned properties. The only way it would apply to a PUD was iC <br />the PUD and the PUD plan referred back to the zoning. <br />Commissioner Blank moved to recommend approval of PRZ-37 to the City Council, <br />with the following modifications that: <br />1. this item be publicly noticed at least hvo weeks prior to the City Council <br />meeting at which it will be presented; <br />2. the number of students that the ordinance applied to he reduced from 25 to <br />20 students or less; <br />3. Section G of the Application for Zoning Approval form be modified to say, <br />"All applicable Federal, State, and local regulations;" and <br />~t. this Code be amended to say "The standard City noise regulations would <br />apply » <br />Commissioner Olson seconded the motion. <br />PLANNING COMMISSION MINU"1'ES March 14, ?007 Page 6 of 7 <br />