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HomeMy WebLinkAbout08/21/1996CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES August 21,1996 1. CALL TO ORDER Fellorer. The City of Apple Valley Planning Commission meeting was called to order at 7:05 p.m. by Chair Alan Members Present: Alan Fellmer, Frank Blundetto, Diane Nagler, Marcia Gowling, and Paul Oberg. Members Absent: Karen Edgeton. Staff Present: Rick Kelley, Kathy Bodmer, Tom Lovelace, Keith Gordon, and Mike Dougherty. Others Present: Seethe sign-in sheet. 2. APPROVAL OF AGENDA Chair Fellmer asked Staff and the Commission members ifthey had any changes to the proposed agenda. There being none, he called for its approval. MOTION: Member Gowling moved, seconded by Member Blundetto, to approve the agenda as submitted. The motion carried 5 - 0. 3. APPROVAL OF AUGUST 7, 1996 MINUTES Chair Fellmer asked Staff and the Coar~mission members if they bad arty changes. or revisions to the draft minutes submitted in the packet. There being none; he called fortheir approval. MOTION: Member Nagler moved, seconded by Member Oberg, to approve the draft minutes as submitted. The motion carried 4 - 0, with one abstention (Oberg). 4. CONSENT ITEMS -None - 5. PUBLIC HEARINGS A. EBD School Chair Fellmer opened the public hearing with the standazd remazks. Assistant Planner Tom Lovelace introduced himself as a member of the City Staff who has been charged with review of this development proposal. The EBD facility is a school for children with emotional and behavioral disorders. It is proposed to be located on the northwest corner of Diamond Path and 144th Street. Mr. Lovelace displayed a series of overhead transpazencies that indicated the location of this proposed school, and noted that the property is guided on the comprehensive plan for school use and is consistently zoned for instihrtional purposes. The site plan illustrated a long building diagonally oriented to the comer of 144th and Diamond Path, with accesses onto 144th Street, as well as an internal drive system that wnuects directly to Diamond Path in the northeast corner of the site. Planning Commission Minutes August 21,1996 Page 2 The proposed preliminary plat would create three lots of the current unplatted parcel: One lot on the south side of 144th Street which would encompass the existing Diamond Path Elementary School, a lot along the north and west which would encompass the existing District 196 Administrative Offices and bus garage, and the lot at the comer of 144th and Diamond Path which would contain the proposed EBD School. Mr. Lovelace wart onto say that the purpose of the public hearing and the review by. the City involves the subdivision of the land into three lots, and a site plan/building pemrit review to ensure that the proposed building meets the minimum setbacks and pazking requirements. Mr. Lovelace then fumed the presentation over to the applicant, School District 196. Jcel Sutter approached the podium and iutroduced himself as the Director of Support Services for hidependent School District Number 196. He said that he would offer some initial brief comments concerning the proposal, and then turn the presentation over to the azchitect designing the project for the school district. Mr. Sutter stated that the constmction of an EBD facility has been before the school district several times in the recent past, and that at the last two meetings neighborhood residents had been present in order to receive information and discussion over the development proposal, the nature of the program, the munber of studerrts to be served, and the types of services to be provided at this facility. He said that for the purposes of the Planning Commission hearing, they do not intend to repeat that detailed level of information. He stated that present this evening with him were Mr. Jim Amdahl and Mr. Don Alan who would be associated with this facility. He then introduced the architect, Mr. Eric Levier. At this point Chair Felkner noted to the members of the audience that these proccedu~gs were also available to be viewed over the closed circuit television in the City I3a11 lobby. Jf people felt that the room was overcrowded, they could move to the lobby and view the procceclings. Eric Lazrier introduced hirnself as the Project Architect with Wold Architects. He provided additional. information concerning. the project by pointing to details on a series of colored. display boazds that. he had prepared for the project. He noted that at previous discussions at the school board meetings, neighborhood residecrts had raised concern over potential traffic problems along 144th Street, and noted that they had made a conunilrnent to route all of the bus traffic outto Diamond Path at the existing driveway, rather than onto 144th Street. He noted that the building is proposed to be constructed of precast azchitechiral panels that would be of a beige wlor with burgundy accents and window frames. Mr. Lanier then displayed building samples of these materials and colors. Coxnu~issioner Oberg asked if the use of precast panels was not a deviation from previous School District 196 schools. Mr. Lanier stated that that was the case, but that these types of constmction materials have been used by adjacent school districts quite successfully. Commissioner Oberg asked if this property was not subject to the cii}~s requirement for a certain percentage of brick fachrg. PLuuring Commission NFmutes August 21,1996 Page 3 Assistant Planner Tom Lovelace noted that there is not a specific building materials requirement in institutional canes such as this one. Chair Felkner asked Mr. Sutter if there was any additional information or preserrtations that they wished to make at this time. Mr. Sutter stated that there was not, but that they were available to answer questions. Commissioner Oberg asked how much parking would be provided on site. Mr. Lanier stated that there would be 90 pazking sta]Ls. Commissioner Oberg asked how many staffpeople would be at this facility Mr. Sutter noted that when it initially opens, there would be appros imately 125 students for which 50 staff would be assigned. He noted that all of the students at this facility would be bussed in and out, and' there would be no provision for allowing students to drive to school and park their own vehicles. There would'be a matituum of 200 students at the facility, at which point there would be between 85 and 90 staffpersons. Mr. Sutter also noted that there would be some overflow parking available at the district office parking lot which is imrnediately adjacent to this proposed site within 50 to 75 feet. Commissioner Oberg asked if access to the entire campus area here would be via 144th Street. Mr. Sutter noted that the office employces and the buses housed out of the adrnuiistrative site aze currently directed to Diamond Path directly over their private driveway access. All of the Diamond Path Elementary traffic comes. in off of 144th Street. He said that the proposed facility could be served either way; and. that they would have the ability to route all the buses to the north via the private. drive access to Diamond Path. He also noted that the school start. times would be staggered here to minimise rush hour loads: Commissioner Dowling asked about the county road access issue. Mr. Sutter noted that District 917, which is a cooperative joirrt power arrangemerrt, began many years ago when enrolhnent in all of the Independent School Districts within Dakota County were quite small. As! the districts have grown; particularly District 196, a decision was made to withdraw from. this cooperative effort: One and a half years ago the Boazd of District 196 gave notice to withdraw, effective on July 1st, 1996..' They had made a determination that they could provide facilities for EBD students at a lower cost, have better co>trol over the programs, and be able to better respond to the needs of the local. student population. In addition, a facility located within the district would result in much shorter tmuel time for students being served. Mr. Sutter went on to state that the number of students classified as "level five" is growing, not just in District 196, but throughout the county. He stated that even if District 196 had not withdrawn from District 917, construction of a new facility would have been required and would likely have bean somewhere within District 196 in any event. Commissioner Growling stated that when she referred to county issues she was referring to the county road access issue onto Diamond Path. Assistant Planner Tom Lovelace noted that because this is a subdivision of land adjacent to a comriy highway, Dakota County does have review authority concerning road access and right-0f--way dedications. Planning Commission Minutes August 21, 1996 Page 4 The preliminary findiugs from the Dakota Cowrty Plat Commission are that the existing drive onto Diamond Path is too close to the existing public street access of Diamond Path Court directly to the north. Consequerrtly, they aze recommenduig that as part of this plat approval the existing private drive access from the administrative offices to Diamond Path be closed. Chair Fellarer asked if the county engineers were aware of the fact that the closure of that access would direct all of the traffic onto 144th Street. Mr. Lovelace noted that they were awaze ofthat situation. Chair Felkner noted that if the comriy is fmn in their desire to close that access, the City might want to do a traffic analysis with its traffic consultant about the level of traffic and the capacity of 144th Street. Commissioner Oberg asked why this particular site was selected for an EBD facility Mr. Sutter responded by stating that this site is centrally located within the district and provides for; the shortest and most cost effective bus routes, both to and from the school. Also he noted that because the site was akeady owned by School District 196, there would not be any site acquisition cost, saving the district and its taxpayers about $500,000. Finally, this site, because it was already owned by the district, was immediately available for construction. Mr. Sutter noted that there was one other site in Apple Valley that had been considered, but when. they informally approached the City, they were infom~ed that the City was not in favor of an additional parcel of land being removed from the tax roles within its community, especially in an area that was designated for future light industrial purposes. Commissioner Nagler asked about access. to Diamond Path via the northern driveway; and whether or not it might be confusing with busing. n~nning through the parking lot azea ofthe administrative offices.. Chair Fellurer asked the petitioner to address this using the hanspazency on the overhead projector. Mr. Sutter noted that there is currently one row of parking on the north side of the arlminiclrative offices in this driveway area. He noted that these are very wide drive lanes, and that there would onlybe between ten and twelve additional buses utilized for transport to and from the EBD facility. In addition, these buses would be much smaller than the traditional size school buses. Chair Fellmer asked about the current use of 144th Street. Lovelace noted that this road nuts from Diamond Path on the east to just past PIlot Knob Road on the west. Chair Fellarer asked about the classification ofthe skeet. City Engineer Keith Gordon noted that while it is a residential street, it is also a connector. The roadway is designed as a standazd residential street, 34 feet in width, and has sidewalks on both sides. Chair Fellmer asked for information concerning similar situations in the City where schools are adjacent to either collector, connector, or residential streets. Commissioner Dowling asked Mr. Sutter what were the long term plans for this larger pazcel of property when the school district originally purchased it. Planning Commission Minutes August 21,1996 Page 5 Mr. Sutter stated that some of it is "ancient history." But he does know that the school district originally purchased 80 acres at this location. The district then constructed its achninistrative offices in "temporary" metal buildings along with the mess garage. They also constructed the permanent facility known as Diamond Path Elementary School on the south side of the site. Approximately six years ago they sold about 40 acres on the west end to a private developer and this property became the Rolling Ridge residential neighborhood. Commissioner Dowling asked ifthe district had any plans for new administrative offices. Mr. Sutter stated that they do not have any plans, but it is a question they aze often asked. Commissioner Blundetto stated that access is a very important issue for this project. He asked if development ofthe site for the EBD facility would be viable if in fact the north access to Diamond Path is cztoff. He also asked if there were other possible sites for this facility in other parts of Dakota County within the school district's jurisdiction. Mr. Sutter noted that the school district does not own significant acreage in vacant pazcels. While some of the schools have what could be wnsidered "surplus" acreage, none of it is large enough to acconmiodate a facility such as the EBD school. Commissioner Nagler asked about the potential extension of Drake Path on the west side ofthe property. Assistant Plarmer Tom Lovelace noted that Drake Path is illustrated on the City's official map, but that Community Development Duector Rick Kelley would probably have more information concemt_ng that. Rick Kelley explained that at the time the Rolling Ridge. residential subdivision was approved by the City, there was a great deal. of discussion about the long term. uses of the balance of the school district property lying on the north side of 144th Street. It had been the Cit}~s understanding that at some indeterminate time in the future, when enrolhnent within the school district begins to decline, the administrative offices would be moved to an existing elementary school building, and that the existing site containing the current offices and bus garage would be sold offfor anothei use. Based on that understanding, the City amended its official map at the time the Rolling Ridge project was approved to provide for an easterly extension of Drake Path to intersect Diamond Path. City Attorney Mike Dougherty offered additional comme~s concerning the official map process.. He noted that establishment of a road or property on the official map does not give the City any property interests in that road right-of--way or pazcel. What it does do is provide for the "reservation" of such road alignment or parcel to be acquired in the future. If a property owner improves or constructs a building within an area that is designated on the official map as either a road or property to be acquired, they would not be eligible to recoup damages at the time that the City either acquires and constructs the road or parcel of property for a differing public use. Chair Felkner stated that it was his understanding that the Staff of School District 196 would be holding an additional informational meeting on Monday, August 19th, and that the full board would be picking up the issue of the appropriate site for this facility at its meeting of Monday, August 26th. Planning Commission Minutes August 21,1996 Page 6 Mr. Sutter stated that at the August 12th meeting the school board had directed. staff to have continuing discussions with the City on other potential sites, but at the same time to procced with approvals for the site on 144th Street and Diamond Path. The reason for this is that in order to have the facility ready for occupancy of Fall '97, the site work and foundation must be completed by this Fall. If they carmot break ground by this Fall, they will have to wait until Spring of 1997 which would delay the occupancy of the school into 1998. Mr. Sutter stated that at the August 26th meeting the boazd will be expected to review and approve the acdral design of the building in order to go out for conshiaction bids. Chair Fellmer asked Assistant Planner Lovelace if he had any additional comments on the proposal. Mr. Lovelace noted that he wished to emphasize the Plarming Commission was dealing with two issues on the proposal: (1) the subdivision of the property into throe lots; and (2) the site plan and building permit authorization as it relates to the normal city perfom~ance standards. The issue of the use of the premises for a school was not something that the Commission needed to get involved in because the property was already zoned for a school use. Mr. Lovelace noted that a wetland in the approximate center of the proposed building has been ca]led' out and that a formal wetland delineation and mitigation/replacement plan would. need to be prepared and approved by the applicant. Eric Lanier, the Pmject Architect, stated that they have evaluated this wetland and that it is a protected wetland. They understand that they will have to go through the review process for filling and mitigation. Mr. Lovelace noted that the landscape plan has been reviewed by the City Forester, and that the City Forester will be requesting changes to the types of species and the number of plantings proposed. Mr. Lovelace also noted thatthe extension of Drake Path; which is shown on the City's official. map, has not been illustrated. on the plat, and that the disposition ofthis fiibrre street needs to be addressed. Mr: Lovelace werrt on to state that the proposed building and pazldng area do meet all of the City's performance standards regazding setbacks, but they will need to verify that the numb of pazlcing stalls meets the City code. Ivlr. Lovelace then distributed several additional written continents from members of the public who aze not in attendance this evening. Chair Fellarer then opened the public hearing up to audience conune~s. He did emphasize that the issue before the Commission was the prelhninary plat for subdividing the land and the site plan and building pernit approval. The properly is already appropriately zoned for a school use, and that he would prefer to have comrnerrts address the issues that the City has regulatory authority over, rather than the issue of whether or not a school should be located here. He also stated that the Commission did not want to hear the same comments repeated over and over by differexrt audience members, and that iftlus occurs, he will consider limiting discussion. ]tepee Falk of 14288 Drake Path approached the podium. She stated that she has concern over the safety of the proposed storm water holding ponds to be located along 144th Street. She stated that they are a danger to people walldng along the sidewalks and particularly to children who might be attracted to them, since they were not being proposed to have any protective fencing. She stated she is also concerned about the amount of traffic that would be occurrirrg on 144th Street, as it is her opinion that currerrtly about half the traffic from the bus garage and administrative offices aze using 144th Street rather than direct access oxrto Diamond Path. She also said there is a visibility problem at the intersection of 144th and Diamond Path due to a dip in the road. Panning Commission Minutes August 21,1996 Page 7 Kent Hemminger of 4811 144th Street West approached the podium and presented a petition to the Commission from residents in the neighborhood. He said that there were aclually two separate petitions and he read the informational preamble of each petition into the record. Kris Anderson of 4927 142nd Path approached the podium. She noted that school buses must always travel on local streets to achially pick up local students in the adjacent neighborhoods, and did not feel that the bus traffic was necessarily a problem. She noted that students who would attend the EBD school are part of the community and should not be shunned by the residents. Stu Shepazd of 4861 144th Street West said that his first priority is that his children should be kept safe. He thinks there's already too much speeding traffic along 144th Street, and alluded to some type of pornographic graffiti that had already been painted along the sidewalk. Renee Gilbert, who resides on 144th Street, said that the School District should provide some type of models of property value impacts on a neighborhood when an EBD facility is located there. She questioned the capacity of Diamond Path to cariy more traffic, and said that there is akeady an intolerable level of traffic on 144th Street. She asked how the School District could guarantee that high school age students to the EBD facility would not drive their own cars. She also questioned how the costs of a police liaison officer would be made up to Apple Valley. Lisa Schultz of 175 Juniper Lane stated that she moved to School District 196 because it is considered one of the best. She said that she wants this facility constructed. Her 23 year old son is currerrtly serving in Bosnia and was an EBD studerrt. She said that the programs provided for through the School District are what helped her son to become a couttibuting member of society. She said that there are complaints about speeders in every neighborhood, including. her own. She said that the kids that go through these types of facilities have very low self esteem and find it very difficult to achieve unless. they have additional support. It is her opinion that this facility will actraally improve the neighborhood. and it is very much needed. She.. stated that. the children aze. not a danger, and that she has an adopted. 8 year old EBD child. as well: Shari Reier of 4814 143rd Street said that she objects to neighbors who are concerned about. this school being br~auded as "hysteric." She said that the residents were not given proper notice of the proposed school by the School District. She said that she has researched this issue, and that the District remains vague about the work study programs and transportation issues. She said that she has acgi.»red copies of police records concerning police calls at the Thompson Heights School in South St. Paul where the EBD Program has existed in the past, and said that there is a long litany of problems associated with the. school. Commissioner Oberg asked if these police calls directly related to the EBD school in South St. Paul. Ms. Reier stated that they did. Cormmissioner Oberg asked if a similaz request had been made for police calls to the Apple Valley Senior High, and he would expect that the level of calls aze probably about the same. Commissioner Blundetto asked if it could be determined if the police calls were actually being generated by activities of EBD students. It was noted that the Thompson Heights School is exclusively used for EBD Programs. Ms. Reier stated that if these school children have such difficulty that they need to be taken out of mairLCtream classroom environments, the school should be located in an industrial site far away from everybody Planning Commission Minutes August 21,1996 Page 8 else. She said that the proposed location is a very poor one in her opinion. She asked why not locate the EBD facility in the industrial park and move the eazly education center to this site. Sue Lowe of 14692 Dory Court stated that her home backs up to the Diamond Path Elementary School. She said that she recalls a situation 25 years ago when she lived in South Dakota and canvassed the neighborhood for the need for an adult training/mental handicapped educational facility. She said that people say that the idea of having such a facility is okay, but they do not want it in their neighborhood. She thinks that most of the commerrts coming out at this xneetirrg are from fear of the unknown. She said most people have no direct contact or experience with a clilld with emotional and behavioral disorders. She said that School District 196 is known as a superior district, and that this facility is just a part of that tradition. She also noted that school children other than those classified as EBD also have serious problems. Commissioner Blundetto noted that the Planning Commission looks at land use items. Because the proposed school would be located on property that is already caned for school use, that is not something that the Commission can deal with. In his opinion, issues concenarrg police calls and the like aze not something that will have a bearing on his vale. He assumes drat the school boazd has heard these concerns and is aware of them. Chair Fellrner reiterated his previous statement that the Commission will be dealing with subdivision of land and site plan review forthis proposal. The Planning Commission is the body that is charged with holding public hearings over these issues in the City, although the City Council does have the option of hearing comments from the neighbors as well. Bob Rasmussen of 14409 Drumlin Court noted that on the opposite side of Diamond Path, directly at the 144th Street intersection, there is a private Baptist School that is also generating bus traffic. lu his opinion, the plans being presented by the School Iistrict aze far too sketchy to even be considered at this time. Tom Albers of 4810 144th Street West said. that 144th is already at its ]hnit for the amount of traffic currently using it. He stated that it hooks to 145th. Street in Rosemount, and that high school traffic uses 144th as a cut through. He asked how the School District could prevent. high school students at the EBD school from driving. He said that if they can't prohibit them from. driving; they would certainly park along 144th Street because the pazking lot was too small. Chair- Felkner asked staffto have its traffic consultant evaluate this proposal Deb Stehlin of 4556 142nd Street said that due to the dip in 144th Street neaz Diamond Path, it is very difficult to exit that intersection during the winter months when the road gets slippery. Chazlie Horsham, who lives on 144th Street, said that this project should be required to have adequate pazking for its maximum anticipated use. He said that with 200 students and 85 staff people, the lot is too small. He said that kids will want to have cars to go to jobs after school. He said that it was his understanding that the school board had said the City turned down a different industrial site for this school due to property tax issues. He said that some type of land swap between the School District and the City should be considered. Renee Falk of 14288 Drake Path said that when she purchased her house from Sienna Corporation she recalls seeing a proposed map of a "second addition'° to the Rolling Ridge development that used up all of the School District property. Robin Kreuter-North of 4921 144th Street said that she is concerned over children's safety in this neighborhood. She said that the cross walk at 144th Street and Drake is at a dip and that kids are at risk crossing Planning Comrrission Minutes August 21,1996 Page 9 here. She said that all the kids in this neighborhood are walkers to school and that there needs to be a comprehensive traffic control plan. Dave Mehrer of 14279 Dulcimer Way said that the EBD students at this facility have been classified as level five, which is a child who is "dangerous to themselves and others." He asked if more security should not be required at a facility such as this. He said that the proposed policy of following a child who leaves the building during school hours, rather than being stopped, illustrates that these children aze dangerous when confronted. He said that a decision on the location of this facility should not be msl~ed. Luann Smart of 14380 Drake Path said that she learned of this proposal on August 8th when she overheard a conversation between bus drivers. She said that she called the District 196 Public Information Office and was told that no hearing by the School District was required to locate a facility such as this. Mike Cox of 14324 Drake Path said he is concerned over the amount of traffic on 144th Street that would be generated. He said that his son is cun-eutly classified as an EBD student, and believes that putting all level five students in one site is discriminatory because it stigmatizes the school children. He said that the School District has not thought things through. He believes that kids with driver's licenses will drive to school. He said that he would complain in a similar mamier if a school for "regulaz" high school children were proposed here. He said that it's a land use issue because it will affect the existing neighborhood. Stu Shepard of 4861 144th Street asked if this facility would operate year round, or whether it would operate on a traditional school year, being closed over the summer. Jim Amdahl stated that the district is mandated to provide the services that these school children require, and that it is possible the facility might operate year round at some point. Rich Pazker of 14721 Drake Path said that he knows the School District wants to start construction right away, but hoped that the City would make them take the time to do it right. Chair Felkner asked City Staff to provide information on notification procedures and time lines for approval to have at the next meeting. Commissioner Oberg said that there seems to be some serious traffic concerns that need to be quantified and addressed before action is taken. He asked about the existing early learning center in the industrial azea, and how many school children aze being accommodated there in order to see if the facilities might be able to be switched. It was noted drat the early learning center currently accommodates 120 Special Ed. s[udems. Chair Felkner then continued this hearing to the following meeting. He said that they will heaz any new issues raised at that meeting, and that also people could send their conmrents in writing anytime during the next two weeks to the City. Commissioner Blandetto noted that the School District has made available to concerned residents infom~ation on the EBD programs, services, and related activities. He asked if that information could be provided to the Commission. Jcel Sutter stated that this information would be provided. Chair Felkner asked that this information be provided in a brief synopsis form in order not to duplicate the lengthy presentations that have occurred at the School Boazd already. Planning Commission Minutes August 21,1996 Page 10 Conunissioner Blundetto said that similar land use issues might be raised on other potential sites as well as this one. Chair Fellmer noted what the procedure would be at this point. The next Plaiming Commission meeting is on September 4th, which would be the soonest date the Planning Commission would act. Once the Commission acts, the issue would be forwarded to the City Council. He said that the process might take longer if the Commission feels that they need more infom~ation or different answers. Chair Felkner called a recess at 8:40 p.m. Chair Fellorer reconvened the meeting at 8:55 p.m. SB. Adult Use Ordinance Chair Felkner opened the public hearing with the standard remarks. Assistant Planner Kathy Bodmer introduced herself and noted that this ordinance would establish additional definitions and wntrols in oeitain zoning districts concerning adult uses. The City has been working on this particular ordinance revision over the past year, with the assistance of the Urban Affairs Committee. John McKay approached the podium and introduced himself as the Chair of the Urban Affairs Committee. He noted that there are seven members on the comnrittee, all appointed by the City Council to deal with special regulatory issues as directed by the Council. He said that the members of the Committee had between three and thirteen years experience each as members. He said that the Urban Affairs Committee has reviewed materials on adult use regulations from several other comirnurities and evaluated nine adult use studies during the past yeaz that consist of about twelve hours worth of joint meetings;. and much homework reviewing the information. He said that in this partienlam case the City is being proactive by trying to implement an ordinance prior to the establishment of any of these adult uses that miglrt create problems for the City or its residents in the future. He said that adult uses cannot be banned outright, due to first amendmert issues. He said that they Have also detemmined that if less than about 25 percent of a business's operations consist of adult uses, it is very difficult to regulate them whatsoever. The conclusion of their review finds that when the distance between adult uses increases, or when. the distance between the adult uses and protected uses increases, the types of problems associated with adult entertainment decreases dramatically. They have reviewed other ordinances and case law to determine just how much adult uses can be restricted and limited and still mneet a legal chAlange that could be raised under the fast amendment. Mr. McKay thanked staff member Kathy Bodmer and Annette Margarit of the City Attorney's office for their assistance in proceeding with this draft ordinance. Mr. McKay then asked three of the members of the Urban Affairs Committee who were in attendance this evening to address the Commission. Shelly Madore approached the podium and introduced herself to the Commission as a member of the Urban Affairs Committee. She said that she feels that the proposed criteria in the ordinance will protect the City Planning Commission Minutes August 21,1996 Page 11 while leaving enough potential space in the community to allow adult uses to legally locate in a fashion which would meet judicial review. She noted that the required separations being suggested are 1,000 feet from an adult use to any other aduh use, and 1,000 from any adult use to a "protective sensitive use." Robin Curran approached the podium and stated that she also is a member of the Urban Affairs Committee. She said that when this issue was fast referred to the Committee from the City Council, she did not thick that an ordinance was necessary since there was no established adult use ah-eady in the conmmnity. She said that the review of the materials has made it very clear to her that in order to properly regulate these uses, a City must prepare an established regulation prior to their establishment. It is often too late to reverse adverse effects if regulations are not adopted until after the aduh use is in place. Van Holston approached the podium and iutroduced himself as a member of the Urban Affairs Committee. He said that he did not have anything to add other than to emphasize that he believes that this ordinance is necessary and appropriate for the City to adopt. Assistant Planner Kathy Bodmer then presented a series of overhead transparencies that contained a synopsis ofthe ordinance requirements, as well as maps that illustrated the 1,000 foot buffers and the areas in the commnunity that would be eligible to have an aduh use established upon them. She said that the final analysis indicates that there are six "real" sites in the cpmrrn,nity that adult uses could be established upon while meeting all ofthe criteria in the ordinance. Commissioner Dowling asked that if things get developed in the community with additional residential and additional sensitive uses, wouldn't this map and the conclusions also have to change. City Attorney Mike Dougherty said that the issue may need to be revisited in the future, but that the City is not obligated to assure an adult use operator the availability of a site which. is actually controlled by the plot marketplace. Coumrissioner Nagler asked if the agricultural area on the south side of 42 is rezoned for residential developrneut, would the map be affected. Kathy Bodmer said that it would be affected only slightly. Commissioner Blundetto asked a question on how on-sale liquor operations and adult use separation would occur. City Attorney Mike Dougherty noted that the Cites off-sale liquor license provisions prohibit the concmxent operation of any adult uses or entertaimnent by the operator. Chair Felkner thanked the members of the Urban Affairs Committee on behalf of the Planning Corruuission for the effort that they have put into these draft regulations. He said that since the City cannot prohibit these uses outright, they need to be regulated as tightly as legally pemnssible. Chair Felkner then opened the public hearing up to any audience conuneuts. There being none, he then closed the hearing with the standard remarks, noting that the Commission does not iypically act on an item the same night as its public hearing. Since no questions had been raised concemiug this ordinance, it was suggested that it appear on the consent agenda of September 4th for a recommendation. Planning Commission Minutes August 21,1996 Page 12 6. LAND USE/ACTION ITEMS -None - 7. DISCUSSION ITEMS -None - 8. OTHER BUSINESS -None - 9. ADJOURNMENT MOTION: Member Dowling moved, seconded by Member Blundetto, to adjourn the meeting.. The motion carried 5 - 0. The. meetiug adjourned at 9:20 p.m.