City Council Minutes 2014 08 05 - Laserfiche WebLink

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City Council Meeting Minutes August 5, 2014 Page 5 of 22 City Attorney Light explained the liquor code has a 500' separation from schools however it does not apply to daycare and preschool businesses. A new liquor license establishment must meet the 500' separation from a school. This could have an effect on transfers of future applications for a new site for a liquor establishment. Council member Loo asked if the City ever had a situation where a new facility was approved and an existing facility was prohibited from improving their property. Planning and Building Safety Director Russ was not aware of any such situation. Council member Lipton asked if the same separation rule applied to restaurants and bars or would it include bulk retail. City Attorney Light would have to review the class of liquor licenses. Council member Lipton stated there was one analogous situation where a La Petite Academy school located next to a liquor store. He asked what effect development or redevelopment has on the existing commercial establishments. Planning and Building Safety Director Russ explained the Planning Division does not review liquor licenses. City Attorney Light explained the criteria for the daycare /preschool is not subject to the separation requirements. Staff does not have any pending applications for transfer, relocation or expansion of any of the marijuana establishments. With respect to the marijuana establishments the separation requirement does not apply to the daycare facilities. There was an inquiry about whether another space in Colony Square would be eligible for marijuana sales. At the time the question was asked the space would be eligible. Council member Keany had comments and questions but requested public comment first. Mayor Muckle asked if the applicant could provide more information about the Goddard school. Mr. Cahen explained the Goddard School is an early learning center, which has a flex schedule to provide fun and exercise and nearly one -on -one care. Parents are required to walk their children into the facility and walk in to pick them up. The playground areas are completely fenced. Only one class is allowed out for recess at a time as the children range in age from 6 months to five years of age. The school provides a very secure and protective environment with state -of- the -art programs. PUBLIC COMMENT Michael Menaker, 1827 W, Choke Cherry Drive, Louisville, CO felt a Planning staff member should contact the two retail /medical marijuana establishments and inform them a daycare /preschool is moving into the neighborhood. He voiced his concern for the existing businesses and felt they deserve notice. He supported the Goddard School System and felt they would be a fine addition to the City. Aquiles LaGrave, 379 Peerless Street, Louisville, CO concurred with Mr. Menaker, but reminded Council the Planning Staff is restricted, by Code, on what they are allowed to