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Regular Planning Commission Meeting <br />Minutes – Wednesday, February 3, 2016 <br />Page 8 <br />Member Daire opined that, if changed to “SHALL” rather than “SHOULD,” the language <br />345 <br />should also be accompanied by “…UNLESS OTHERWISE DETERMINED BY <br />346 <br />DEVELOPMENT STAFF.” <br />347 <br />Mr. Gozola agreed with that, and as noted in lines 156-157, before all requirements, it <br />348 <br />was stated “…unless waived by staff.” <br />349 <br />In the event real property was conveyed (lines 4170418), Member Stellmach <br />350 <br />questioned if and how this applied to property ownership changing through an <br />351 <br />inheritance or transfer of land without a buyer, and if those buyers were bound by <br />352 <br />the overlay district as a purchaser would be. <br />353 <br />Mr. Gozola responded that this language had been taken from another community <br />354 <br />as drafted by their city attorney, but suggested having the Roseville City Attorney <br />355 <br />take another look at this language to make sure he remained comfortable with it. <br />356 <br />Member Stellmach asked how the City’s Tree Preservation and Replacement Plan <br />357 <br />worked in conjunction with this language, and whether it was required for every project. <br />358 <br />Mr. Gozola responded that requirements of that ordinance would apply to each site for <br />359 <br />specific review. <br />360 <br />In preparing for a final staging plan (line 321), Member Bull suggested that language be <br />361 <br />provided similar to that of line 3352, that any deeds dedicated to the city be free of any <br />362 <br />encumbrances before approval and subsequent filing; and would be more appropriate <br />363 <br />after rather than before approval by the City Council. <br />364 <br />Mr. Gozola advised that the intent was to protect the city, and offered to revise language <br />365 <br />at the preference of the City. <br />366 <br />Chair Boguszewski opined that was similar to the issues raised by Member Stellmach <br />367 <br />related to “superior design” (lines 102-103) with aesthetically pleasing considerations <br />368 <br />being in the eye of the beholder and subjective by nature. If staff doesn’t feel <br />369 <br />comfortable fighting those battles, Chair Boguszewski noted he got the point, but didn’t <br />370 <br />know if the language should be stricken accordingly or if alternative language based on <br />371 <br />Mr. Gozola’s experience may provide a way to state that more objectively. <br />372 <br />Mr. Gozola advised that “enhanced” may be another word, but he remained unsure of <br />373 <br />whether addressing the city’s minimum landscaping preferences and use of “enhanced” <br />374 <br />got to the ultimately goal being sought after. <br />375 <br />Mr. Paschke stated that “enhanced” to him meant more than a minimum; and <br />376 <br />“aesthetically pleasing” involved many types and varieties for landscape design. Mr. <br />377 <br />Paschke offered to further wordsmith the language if so directed by the commission and <br />378 <br />depending on their action tonight. <br />379 <br />Chair Boguszewski asked staff to further review that section, and while it may not <br />380 <br />be consistent with the surrounding area, it seemed too subjective of a term from <br />381 <br />his perspective. <br />382 <br />Chair Boguszewski noted another similarity with the lead-in (line 77) and desirability of <br />383 <br />providing guidance in using “…new and exciting development that would otherwise be <br />384 <br />possible…” <br />385 <br />Member Murphy suggested striking language “and exciting” in line 77, opining that <br />386 <br />wouldn’t lose anything in the intent. <br />387 <br />Chair Boguszewski suggested the need to retain the word “MUST” as the springboard, <br />388 <br />then remove “exciting.” <br />389 <br />Member Gitzen stated he was going to suggest “innovative” versus “new and exciting.” <br />390 <br />Member Murphy spoke against the term “innovative” depending on whether or not a <br />391 <br />concept was actually innovative or the eighth occurrence of similar use. <br />392 <br /> <br />