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Not Approved PLANNING COMMISSION PROCEEDINGS Regular Meeting—February 17, 2009 at 7:00 p.m. Present: Commissioners Larry Baker, Steve Danger, Bruce Howard, Jim O'Brien, Tom O'Keefe, Norm Schiferl, and Paul Zisla Absent: Also Present: David Phillips, Council Member, and Janice Gundlach, City Planner. Agenda Review: Agenda was approved. Minutes: Minutes for January 20, 2009 were presented and approved. Council Action: Council Member Phillips reported Council has begun budget discussions. Council will be meeting the first Tuesday of each month for an additional work session to discuss Council docket items and budgetary issues. The Council held a joint meeting with the Northwest Task Force and the City's Commissions to review the Northwest Quadrant market study. Public Hearing: ZA2009-001 Zoning Code Amendment to Chapter 8 Establishing Requirements Related to Cash Escrow Deposits for Land Use Requests At the direction of the City Council, staff prepared a Zoning Code amendment that establishes cash deposit requirements for various land use applications. The amendment consists of a new Article 5 to Chapter 8 of the Zoning Code. The intent of the proposed amendment is to recoup extraordinary costs associated with certain land use applications. Those extraordinary costs, such as consultations with technical experts, typically are not covered through the application fee currently collected. The City Council discussed the proposed ordinance at a work session on February 9th. The City Council directed staff to proceed to the public hearing process at the Planning Commission. O'Keefe requested a clarification on the term"deposit." Gundlach replied that the original term used by staff was "escrow" and the City Attorney changed the term to "deposit." The applicant would receive money back, if after the review is complete, there are funds remaining. O'Brien asked why a deposit amount has not been determined. Gundlach replied that Council would make that determination by resolution at a later date by amending the fee schedule. This will also allow staff more time to research. Schiferl stated that the ordinance as written is flexible. Gundlach replied that it is written for flexibility, so not overburden the applicant. Schiferl asked what would happen if the applicant should withdraw an application. Gundlach replied that currently land use application fees are not refundable, but refunds are given when an applicant withdraws a request and staff has not performed any work related to the request. Staff also noted that if work is performed related to the request, then money would be needed to cover those costs and sometimes a partial refund may be given. Staff suspects this practice would continue with the cash deposit ordinance. Zisla stated that he believes the Planning Commission should not make a recommendation without knowing what the fees are for the ordinance. He believes the applicant should not have