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Planning Commission Meeting Minutes July 19, 2005 Page 9 1 item that should be considered to include some form of buffering to the neighbors, control to the 2 boulevards or adjacent to neighbors and traffic issues. 3 4 Commissioner Jensen stated that the text amendment somewhat broke down in the idea of 5 attempting to be specific to prairie grasses noting that there are all types of long grasses around 6 the large water quality pond east of Silver Lake Road,none of which constitute prairie on City 7 property. He asked who it is to say that it can only be on City property and why can't it be part of 8 someone's backyard, side yard or front yard if there is a reasonable maintenance plan. 9 10 Ms. Moore-Sykes referenced rain gardens noting that they also come into the discussion at this 11 point if the City allows prairie grasses and native planting. She stated that rain gardens in the 12 ditches and low-lying areas should also be considered. 13 14 Commissioner Jensen stated that he is curious noting that a number of the items being discussed 15 are currently not covered within the City Code. He noted that they may find a way, as the 16 community moves through the nuances, that they move away from the code statement that 17 specifically prohibits it and if they then have a mechanism such as a temporary conditional use 18 permit that would allow a two to four year use period that the City Attorney could defend, as far 19 as the length of time,noting that it tends not to run with the land quite as long. He stated that if 20 they require the applicant to come back after a period of time the City would then know by 21 complaints or other issues whether the stipulations placed on that approval have been met 22 through the test of care or operational concerns. He explained that at the end of two specific 23 periods the community would then have to make the decision to withdraw it or make it a 24 permanent conditional use noting that at least the City bought some time to deal with change in 25 lifestyle product design,the nuances or the care of an individual property. He stated that there 26 are several language issues pertaining to catering kitchens where it might be more difficult to 27 deal with code amendments that allow one case or not adding that this might be a mechanism 28 that would help assist the Commission and Council in dealing with issues that are between the 29 lines. 30 31 Commissioner Jenson asked Ms. Moore-Sykes what the Council wants the Planning Commission 32 to do. 33 34 Ms. Moore-Sykes explained that the City Council would like the Planning Commission to review 35 the proposals, determine which ones the Commission wants to work on and try to come up with 36 the recommended language or ideas. She stated that a temporary conditional use permit is 37 something that is akin to a reverse moratorium instead of preventing they are allowing use for a 38 specified amount of time. She stated that this could be discussed with the City Attorney as a 39 possibility to use this as a tool for some of the more creative ideas that the residents have. She 40 noted that there are some items like the non-conformity that she would have to get clarification 41 on from the City Attorney and bring back to the Commission for their review adding that there 42 are items that the Commission could begin to work on such as home occupation. 43 44 Chair Stromgren agreed that the Commission could move forward on the changes recommended 45 by the City Attorney that have been generated based on his experience or changes from the State.