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.. 12/15/99 WED 16:04 F.U 16123402644 DORSEY WHITNEY I4J 004 DORSEY & WHITNEY LlP Honorable Mayor Daniel Wall and City Council Members December 157 1999 Page 3 vague. It is not clear whether this term would include stores with extended seasonal hOLll'S during the holiday retail season. Further, the term "significant outdoor activity" should specify whether it applies [0 the sales of Christmas trees dUling the holiday season. AILhough Joel Jamnik, City Attorney, stated at the December 13th City Council meeting that it was his opinion that rhis would not apply to seasonal or intermittent use, this is not articulated in the Ordinance. in addition, if a store is open until 11 :00 p.m., it would trigger this Ordinance even though It is nor an "all night" operation. C. Section 1006.015 of the Code, as amended by the Ordinance, requires plan review for modifications, expansions or extensions of plans which "increase the cube of any bui !ding or structure by more than ten percent (10%)". It is not clear whether the 10% threshold applies to each individual modification, all modifications within a certain time period (i.e. one year) or all modifications that are ever made to the structure. The definition of "cube" is vague and ambiguous. D. Section 1006.017 (lines 19-23) of the Code, as amended by the Ordinance, requires additional performance standards if there is "a significant change in the regular hours of operation". It is nor clear what a significant change would be. For example, if a tenanL changed any hours of its operation, would it trigger compliance with the general minimum requirements? E. Section 1006.017 (lines 8-10 on page 3) provides that the landscape screening or fence shall be no less than six feet (6'). This provision does not state whether the requirement is 6 feet high or 6 wide and what point it is measured from. F. Section 1006.017 (lines 14-16 on page 3) provides that the berm. wall or fence shall be set back from the boundary a distance at least three times it~ height. It is not clear how this height is calculated. 3. It may be impossible to comply with the Ordinance. A. Section 1006.02 (page 2, lines 37-46 and page 3, line 24), a~ amended by the Ordinance, provides that any new development must include a buffer zone not less than 40' or in most cases 60' in width. Since the Shopping Center docs not cUlTently have a 40' or 60' buffer zone, it will be impossible for M & J to perform any "new development." Thi~ secrion is tantamount to an eminent domain taking provision if it could be construed to prohibit M & J from making any changes to the Shopping Center. This would be an unreasonable constraint on the ability of M & J to conduct its business.