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<br />Acting Chair DeVine commented that, when this matter was discussed previously, there <br />were residents in attendance who had asked the Commission not to rezone the C-1 <br />district. <br /> <br />Ms. Moore-Sykes indicated that the C-1 parcels are privately owned property and, if Rice <br />Creek Watershed District and the DNR give authorization, the property owner has the <br />right to fill the property. <br /> <br />Commissioner DeVine indicated that Mr. Palzer had been asked to discuss the matter <br />with the City Attorney. <br /> <br />Council Liaison Travis indicated the matter was discussed briefly at the Council meeting <br />and the City Attorney had indicated that placing restrictive zoning on the property would <br />amount to a taking. He then indicated that, if the City wanted further information Mr. <br />Hoeft would need to be asked to further investigate the matter. <br /> <br />Commissioner DeVine indicated that a large portion of the C-1 zoning is a DNR <br />protected wetland with the number 546W. <br /> <br />Commissioner McLean suggested that the property be rezoned to match the adjoining <br />properties that are zoned R-2. <br /> <br />Ms. Moore-Sykes indicated that the DNR and Rice Creek Watershed District govern <br />those properties because they are in the floodway. <br /> <br />Commissioner Helmbrecht asked how the City would control a resident putting <br />something in that does not require a permit, such as a fence. <br /> <br />Commissioner Wilharber explained that, with the new Ordinance, everything needs a site <br />review because the City wants to look at things to eliminate the issues with fencing in the <br />wrong place and that type of issue. <br /> <br />Commissioner Kilian suggested rezoning the P-1 parcel near the C-1 district because it is <br />no longer public land. <br /> <br />Commissioner Wilharber suggested that Staff bring it to the attention of the landowners <br />that the property should be rezoned because the landowners should be the ones asking <br />that the property be rezoned. <br /> <br />Commissioner Wilharber asked if Council had approved the shoreline ordinance. <br /> <br />Council Liaison Travis indicated Council had not approved a shoreline ordinance and <br />noted the Surface Water Management Plan was a draft and contained many errors. <br /> <br />Page 5 of 7 <br />