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Regular Planning Commission Meeting <br />Minutes – Wednesday, July 9, 2014 <br />Page 5 <br />Mr. Lloyd responded affirmatively, advising that those periodic changes (e.g. types of <br />194 <br />data needed to review stormwater requirements) could often be handled at the <br />195 <br />administrative level by simply rewriting application materials and thereby more effectively <br />196 <br />facilitate getting those changes in place for real world use versus having to go through <br />197 <br />the normal code review and/or revision process. <br />198 <br />With the assistance of Mr. Lloyd, Member Daire sought to understand the intent of the <br />199 <br />documentation, with the Comprehensive Plan serving as a set of goals and principals <br />200 <br />guiding physical development; and the Subdivision and Zoning Ordinances serving as <br />201 <br />implementing documents for that guide and subservient to the Comprehensive Plant, and <br />202 <br />intended to be consistent with the Comprehensive Plan. As indicated by Mr. Lloyd in his <br />203 <br />opening comments, Member Daire confirmed with him that the Zoning and Subdivision <br />204 <br />Ordinances had the force of law, and may be changed, as long as they remained under <br />205 <br />the direction of the Comprehensive Plan as their guide. <br />206 <br />In the effort to put the Subdivision Ordinance into organizational compatibility with the <br />207 <br />Zoning Ordinance, Member Daire noted, with confirmation by Mr. Lloyd, that the purpose <br />208 <br />was to provide an easier reference and cover more ground not addressed in other areas; <br />209 <br />with Mr. Lloyd noting that there was some overlap today, but this process would make <br />210 <br />administration of the documents easier, and while there was nothing in the current <br />211 <br />Subdivision Code that was in conflict with the Comprehensive Plan, the new Subdivision <br />212 <br />Code needed to remain mindful of that as well. <br />213 <br />Mr. Paschke noted that there were statutory requirements in place as well, and while <br />214 <br />some were related to zoning and development, the same held true for the subdivisions, <br />215 <br />and needed to be built into ordinance. Mr. Paschke noted that many of the current <br />216 <br />ordinances were old and needed amended to address those statutory changes. <br />217 <br />Further discussion ensued between Member Daire and Mr. Lloyd regarding the status of <br />218 <br />the Zoning and Subdivision ordinances as part of the aggregate municipal code as legal <br />219 <br />documents or ordinances; allowing for some interchange of the documents, whether <br />220 <br />defined as ordinances or codes, but all under the direct approval of the City Council. <br />221 <br />Mr. Bilotta clarified that both the Zoning and Subdivision regulations are chapters within <br />222 <br />the City’s Municipal Code (Titles 10 and 11). <br />223 <br />Based on this discussion, Vice Chair Boguszewski suggested that the legal language <br />224 <br />was written strict and specific enough to be clear as to the intention in common daily <br />225 <br />vernacular. Vice Chair Boguszewski noted, from past experience, that interchangeability <br />226 <br />of terms, from a legal sense, was not always interpreted the same; and asked that staff <br />227 <br />be alert to that and not use different words for variety in their writing creating a situation <br />228 <br />where their writing became too loose in terminology. <br />229 <br />Mr. Bilotta clarified and assured all that this was only beginning as an internal staff <br />230 <br />review, still in process, and that the City Attorney would be providing input and direction <br />231 <br />as the process continued. <br />232 <br />Mr. Paschke concurred, noting that the amendment of Title 10 Zoning Ordinance would <br />233 <br />include the City Attorney ensuring use of correct terminology. <br />234 <br />Member Stellmach opined that this version read much more clearly and easier than the <br />235 <br />original version; and sought clarification by staff on the Type 1 and Type 2 subdivisions, <br />236 <br />noting that neither required a Public Hearing and whether this was a change from the old <br />237 <br />version. <br />238 <br />Mr. Lloyd advised that essentially it was the same, with Type 1 and Type 2 Subdivisions <br />239 <br />falling under the minor subdivision processes, with the exception being a three lot minor <br />240 <br />subdivision, which included up to three lots falling under a Public Hearing at the City <br />241 <br />Council level. Strictly speaking, Mr. Lloyd noted that this was not a state requirement, and <br />242 <br />they could be approved administratively, which was being proposed in this new iteration <br />243 <br />for Type 1 and Type 2, which are small in scope and limited in their impacts and creation <br />244 <br />of parcels between zero and three, and not requiring additional public infrastructure to <br />245 <br /> <br />