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FROM LARKIN HOFFMAN DALY (MON) 12,13' 99 17:59/ST. 17:57/NO, 4861132814 P 4 LARKIN, HOfFMAN, DALY & LINDGREN, LTD. Joel Jamnik, Esq. December 13, 1999 Page 3 . The proposed Zoning Ordinance Amendments have a broad triggering event. That is, twenty-four hour use is defined as "any commercial use that is regularly open for business or involves other significant outdoor activity during any hour between 10:00 p.m. and 7:00 a.m." . The proposed Zoning Ordinance Amendments are very prescriptive, and, for the most part, allow for little flexibility. In some cases, it is difficult to discern the standard or the basis for the stBndard that the property owner is asked to achieve. Requirements are established across-the-board based on distances from zoning district boundaries without the opportunity to tailor the specific mitigation measure to the impact from a specific activity at a particular property. . As a general proposition, (he Shopping Center district properties to which the Zoning Ordinance Amendments potentially apply are currendy developed. This significantly increases the potential for nonconfonnities and highlights the significant practical difficulties in complying with all of the prescriptive standards established in the proposed Zoning Ordinance Amendments. Specific Comments on Proposed Zoning Ordinance Amendments Adopted by the Planning Commission . Section 1006.02(A)(2)(Lines 10-17). This provision states that where a berm, wall, tence or combination thereof is required for screening for a commercial use adjacent to a residential use, the berm, wan, fc:nce or combination thereof shall be set back from the residential district boundary at least three times it" height and landscaped to screen 50% oftbe surface of the berm. wallar fence at maturity of the plant materials. Until the Zoning Ordinance Amendments are finally adopted, it is difficult to precisely detennine the impact of this provision because it is not clear precisely where a solid scr~en will be required. However, because most of the Shopping Center-zoned properties are fully developed, there arc likely several situations in which topographic or other physical limitations prevent compliance with the setback provision established in this Ordinance. To address this situation, it may be desirable to provide some flexibility in this section by utilizing phrases such as "every reasonable effort," "to the maximum extent feasible" or the like. . Section 1006.02(E) Traffic. The second paragraph of this section requires "service vehicles over one ton capacity which enter or exit the site between the hours of 10:00 p.m. and 7:00 a.m." to use a City-approved. designated route that keeps vehicles at least 300 feet away from any residential district boundary "or be completely screened by a building, wall, landscaped berm, fence, or combination thereof from II poiDt 14 feet above the ground at tbe outside edge of the truck route lane to a point 5 feet aboye the first floor (main level) ofthe adjacent residences," (Emphasis added.) Bradley has the following questions or concerns about this provision: