11-26-2003 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL NOVEMBER 26, 2003 AMENDMENT Mayor Fahey noted that the Planning Commission tabled action on TO ZONING the Zoning Code Amendment relative to appealing zoning decisions. CODE- APPEALING Mr. Blesener introduced the following resolution and moved its adoption: ZONING DECISIONS RESOLUTION NO. 2003-I ]-272 -CONTINUING THE PU73I,IC HEARING TO CONSIDER AN AMENDMENT TO THE ZONING CODE RELATIVE TO THE PROCESS FOR APPEALING ZONING DECISIONS UNTH, TILE DEC'EM73ER 17, 2003 COUNCIL MEETING The foregoing resolution was duly seconded by LaValle. Ayes (5) Blesener, LaValle, Fahey, Anderson, Montour. Nays (0). Resolution declared adopted. PRELIMINARY Mayor Fahey opened the Public Hearing to consider the Preliminary and & FINAL PLAT, Final Plat for Country Side Terrace Phase II as well as Development Stage DEVELOPMENT and Final Stage PUD for property at 2925 Country Drive as proposed by & FINAL STAGE Richard Biagini, RAB, LLC. Fahey noted that the Planning Commission PUD - 2925 recommended approval subject to compliance with the recommendations COUNTRY DR. - of the City Planner and City Engineer, and resolution of landscaping and COUNTRY SIDE benning issues as well as generator noise concerns. TERRACE PHASE II Mr. Greg Wilson, RAB, LLC, reported that Mr. Biagini has agreed to take down the existing berm and relocate trees at his own cost to unify the appearance of the site from Condit Street. The City Administrator indicated that removal of the berm will resolve issues of concern that the adjacent property owners have with the condition of the berm. The berm area will be leveled and sodded. Montour asked about the noise from the generator. Wilson agreed that the noise from the generator violates the City's noise ordinance. Wilson reported that rather than running the generator once per week for a half hour, it will be run once every two weeks for a half hour. There will also be some berming installed around the generator to help mitigate the noise. Wilson reported that he has discussed this with Mr. Bougie, the adjacent neighbor, who indicated his agreement with these noise mitigation efforts. The City Administrator pointed out that the City's noise ordinance has a process for allowing exceptions to noise ordinance requirements. Mr. Biagini will have to follow this process to obtain an exception from the ordinance. The Administrator recommended that this be done under a