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Planning Commission Minutes August 22, 2000 Page 4 . There being no further comment from the public, Chair Mesich closed the public hearing. Commissioner Kuester asked how what the process is to amend a PUD. Ms. McPherson explained that the City's position is that the PUD, site plan and conditions related to the site plan are established through the conditional use permit process. Staff has interpreted that the conditional use process was the appropriate means to amend PUD's for sign age, uses, and other types of requests. She stated staff could request a legal update from the City Attorney before the case is reviewed by the City Council. She stated that the ordinance does not specifically address amendments to PUD agreements, and as part of the ordinance re-codification process, these types of issues will be addressed. Ms. McPherson noted that the list of permitted and conditional uses may have changed since 1980. She felt it would be difficult for the city not to at least allow the applicant an opportunity to go through the process to see if the request is appropriate. Ms. McPherson stated that a PUD can evolve over time, but it still goes back to how it was originally approved. Commissioner Kuester stated that she was uncomfortable with the PUD Agreement being tied back to the original developer since things can change after a development is completed. Chair Mesich felt since the PUD Agreement refers to "its successors", he would assume that the property owners would have some say in what happens within the PUD. . Discussion followed regarding the process to amend a planned unit development agreement and who should participate (Le., original developer, tenants, property owners, etc). Ms. McPherson stated that she will verify with the City Attorney that staff is processing these applications properly. Commissioner Pederson stated that auto repair shops do create a great deal of noise and do require more parking. He did not feel that the proposed use fits in with the surrounding businesses. Commissioner Chambers stated he would have a difficult time approving the request to amend the PUD agreement. Commissioner Baker stated he did not feel Mr. Bunkers' request was a large deviation from the former use as a gas station convenience store and carwash. Chair Mesich stated he would like to have a copy of the entire PUD agreement available for the Commission. He suggested that staff spend more time on the conditional use permit request for the auto repair facility issue, and work with the neighboring businesses regarding noise and screening. Chair Mesich asked that the City Attorney review the issue of modifying a PUD Agreement and who should be involved. COMMISSIONER PEDERSON MOVED TO RECOMMEND DENIAL OF THE REQUEST BY JOHN BUNKERS FOR A CONDITIONAL USE PERMIT TO AMEND THE BARRINGTON PLACE PUD, CASE NO. CU 00-30 BASED ON THE FOLLOWING FINDINGS: . 1. 2. NEGATIVE IMPACT ON ADJACENT PROPERTY USES NOISE