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January 28, 1998 Plan Commission Minutes Page 5 34-162.4 City Council Action 1.After holding a public hearing on the proposed amendment and before making its final decision, the City Council may refer the application back to the Plan Commission for additional study. In this event, no additional public hearing is required. 2.In case of a protest against such change duly signed and acknowledged by the owners of thirty (30) percent or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred and eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such change shall not become effective except by the favorable vote of two-thirds (2/3) of all of The petition shall be filed with the City Clerk at least the members of the City Council. seven (7) days prior to the scheduled meeting date. The Plan Commission voted 6 to 0 to recommend approval of the above referenced text amendment. However, the commission also recommended that potential conflicts with State law be reviewed. [**Secretary’s Note: After this meeting the secretary contacted Shu Simon, City Attorney for zoning issues. She stated that the proposed deadline should be no earlier than the following, in order to be The petition shall be filed with the City Clerk considered "reasonable" in the eyes of the courts: " no later than 5:00 p.m. on the date of the first scheduled public hearing. "**] The following proposed text amendments by Mr. Wagner were not considered by the Plan Commission. It was the decision of the commission that the determination on those issues should wait until the revision of the Comprehensive Plan occurs later this year. 34-40.7 Density and Dimensional Regulations and Performance Standards 1.General Standards: The approval of the Development Plan may provide for such exceptions from the regulations associated with traditional zoning districts as may be necessary or desirable to achieve the objectives of the proposed planned development. No Planned Development shall be allowed which would result in: a.Inadequate or unsafe vehicular access to the development; b.Traffic volumes exceeding the capacity of the adjoining or nearby streets. Capacity shall be based on a street providing "level of service D" as defined in the latest publication of Transportation and Traffic Engineers Handbook, Institute of Transportation Engineers; c.An undue burden on public parks, recreation areas, schools, fire and police protection and other public facilities which serve or are proposed to serve the planned development; d.A failure to comply with the performance standards contained in Article 5, Section 34-66 and the standards established for motor vehicle oriented businesses contained in Article 11, Section 34-132.3 of this Chapter; or wpoffice\wpdata\m-1-28.plc