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ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION – OCTOBER 13, 2014 3 Councilmember McClung asked if the Code had any language that would require developments to be reviewed by the City Council. Community Development Director Hutmacher explained that any variation from Section 3.4(b) would require City Council review and approval of changes to the TCAAP zoning code. Under the terms of the Joint Powers Agreement, the City will not approve specific projects, but could amend the code to allow projects to move forward. Mr. Norton commented that any request that would change the Master Plan would have to be reviewed by the City Council. He reported that if an applicant wanted something beyond what was allowed in the TRC, the applicant would be advised of the City Council’s process to amend the Code. He then discussed the JDA’s authority to govern the TCAAP site. Councilmember Holden understood these facts; however, it was her opinion that the TRC was the Council’s only opportunity to protect the City. Mayor Grant did not support the fact that there could be a 10% variance on building heights. Councilmember McClung commented that the current draft gives the JDA limited flexibility and authority to do almost anything. He indicated that he needed to decide if he supported this philosophy or if additional restrictions should be put in place. Mr. Norton cautioned the Council from making the Code so restrictive that everything required review by the City Council. Mayor Grant believed that the Council needed to reach a point of agreement in regard to the governing section. At that time, the percentages, setbacks, building heights, etc. could be more closely evaluated. Mr. Norton requested that the Council provide staff with a list of discrete issues within the Code. As an example, it was his understanding that building height and setbacks were two areas of concern. Councilmember Holmes thought that setbacks were very important when looking at the big picture. She suggested that the Code be established before variances could be discussed. Mr. Norton suggested that the Council consider the basic standards within the TRC and then evaluate how far the JDA should be allowed to go to vary these standards. Councilmember Holmes questioned if the JDA could be given no discretion and that all requests are instead reviewed by the City Council. Mr. Norton indicated that this was not a possibility due to the fact that the City has allowed the JDA to exercise its zoning authority. He explained that limits could be set on the JDA while keeping all other processes in place.