2017.04.18 Planning - Laserfiche WebLink

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2 Approved 6-0. Motion by Commissioner Frischman, seconded by Commissioner Miwa, to recess the Planning Commission meeting at 7:11 p.m. Approved 6-0. Motion by Commissioner McPherson, seconded by Commissioner Danger, to reconvene the Planning Commission meeting at 7:15 p.m. Approved 6-0. Information and Discussion (discussion moved to work session room): (A) Draft Ordinance concerning Temporary Family Health Care Dwellings Planning Director Janice Gundlach reviewed the most recently revised draft of the Temporary Family Health Care Dwelling License Ordinance. The draft is in track change format allowing revisions to be easily identified. These changes were requested at the February 21st Planning Commission work session discussion. Beyond these minor revisions, Commissioners expressed concerns regarding the Removal Agreement and legal implications on a variety of “what if” scenarios involving non-compliance with the ordinance rules. Staff has discussed these concerns with the City Attorney and finds no additional ordinance revisions are necessary at this time. To ensure the Commission’s concerns were appropriately addressed, staff provided the Commissioner concerns to the City Attorney via email, to which the City Attorney provided written responses back. Planning Director Gundlach stated staff is recommending the Commission discuss the draft ordinance and the City Attorney feedback on legal concerns and determine if additional ordinance revisions are necessary. The next step would be to schedule a public hearing at the next Planning Commission meeting. While a public hearing isn’t technically required because this ordinance will become part of the City Code, and not the Zoning Code, staff is recommending the hearing process as the license does have some effect on land use (albeit temporarily). Additionally, the opt-out ordinance previously adopted by Council would need to be rescinded. Planning Director Gundlach explained that in order for the ordinance to take effect, the Council will need to adopt it following a Commission hearing and recommendation. After Council adoption, the ordinance would need to be published in the official City newspaper. If the Commission wishes, the ordinance could be moved forward for public hearing on April 18th, with the Council then slated to consider on April 25th, and a publication occurring on May 3rd. Commissioner Deick noted a small grammatical change within the Ordinance. Commissioner McPherson questioned how many requests the City anticipated receiving on a yearly basis. Planning Director Gundlach didn’t know for sure but anticipated the City may only get one request per year, or maybe even none. She explained that if the City were to receive numerous requests, the Ordinance could be amended if any concerns were to arise. Commissioner McPherson asked if a sunset clause should be placed within the Ordinance if no requests were made of the City. Planning Director Gundlach explained she could discuss this with the City Attorney.