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05-16-2006 MINUTES
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05-16-2006 MINUTES
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<br />Approved <br />could state that the park dedication fee for that park is benefiting the commercial and <br />industrial sites in that area, because the park will be in the middle of the east side <br />development, which is surrounded by office/industrial sites. Fernelius replied that was <br />correct, the outer ring sites will benefit from that park, as well as the residential <br />development, which will also be paying for the park. <br /> <br />O’Keefe inquired if storm water retention ponding is allowable as part of their park land <br />dedication. Fernelius replied that most of the storm water run off will go into the large <br />pond that is centrally located in the middle of the park; there will not be separate ponds <br />for each commercial building. O’Keefe asked who would be maintaining the pond. <br />Fernelius replied that is an issue that will be worked out with the developers throughout <br />the redevelopment process <br /> <br />Howard asked Zisla if he is opposed to the commercial and industrial development being <br />subjected to the fee or to the ten percent fee. Zisla replied that he’s opposed to the fact <br />that the fee is arbitrary and feels that ten percent is excessive without any foundation and <br />without any sense of demand. Howard inquired if Zisla would be more supportive if the <br />fee was set at five percent. Zisla stated that he would be more supportive of a fee at that <br />lower, however then they are still arbitrarily picking a number without any foundation or <br />sense of demand. Howard replied that he supports the concept of the park dedication fee <br />and believes that the office development would benefit from the use of the near by parks. <br />However, he does agree with Zisla that the ten percent is excessive and would support a <br />five percent fee. O’Keefe added that if the park will help the development meet its <br />ponding requirements, then ten percent could be a bargain for the developers. Zisla <br />replied that the Commission needs to keep in mind that this ordinance applies to the <br />whole city not just the Northwest Quadrant. <br /> <br />Schiferl suggested that the fee be negotiated into the development agreement for the <br />Northwest Quadrant and then if a similar situation comes up in the future the commission <br />could readdress this issue. He does not believe that there is a need for this fee at this time <br />and feels that it needs to be thought out more. <br /> <br />CLOSE THE PUBLIC HEARING. <br />Motion by Baker, Second by Zisla to <br /> <br />MOTION CARRIED. <br />7 Ayes, 0 Nays, <br /> <br />Zisla stated that he agrees with Schiferl that this ordinance needs more clarification. Baker <br />replied that the residential ordinance has been in effect for several years with no legal challenge <br />and will support the staff recommendation. O’Brien stated that the fact that the City owns the <br />land is a separate issue; if the land is to be developed it will be subject to the same rules no matter <br />who owns the land. <br /> <br />to <br /> <br />Motion by Baker, Second by O’Brien <br />WAIVE THE READING AND RECOMMEND THAT THE <br />PCC <br />LANNING OMMISSION DIRECT THE OUNCIL TO ADOPT THE ATTACHED AMENDMENT <br />. <br /> <br />AS DRAFTED <br />I:\COMMISSIONS\PLANNING\Minutes\2006\05-16-2006 MINUTES.doc Page 3 of 13 <br /> <br />
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