City Council Minutes 2014 08 05 - Laserfiche WebLink

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City Council Meeting Minutes August 5, 2014 Page 7 of 22 not aware how it applied to the construction of an addition, but stated the rule applies to all classes of liquor licenses. Council member Lipton requested clarification on the separation issue regarding the expansion of restaurant/bars and marijuana establishments prior to making a decision on this matter. Council member Moss noted marijuana establishments would not be able to alter their businesses. She asked for a definition of alter. Planning and Building Safety Director Russ stated the businesses would be allowed to change the inside of their stores. He asked City Attorney Light to address the transfer of ownership issue. City Attorney Light explained the separation requirements are rules adopted by City Council. The City Council has the option to amend the rules. Ordinance No. 1648 amended the moratorium on retail marijuana establishments to allow the existing marijuana businesses to relocate to premises within 1,320' of the existing premises, with compliance of all regulations. The separation between schools would have to be met. He noted the 1,000' separation from a school is direction from the United States Justice Department. Council member Moss asked if the current owners be allowed to transfer their licenses. City Attorney Light explained transfers do not require reevaluation and reapplication of a license. Council member Moss was not comfortable moving forward. She agreed the two marijuana establishments should be notified of the potential effects of the plan. Mayor Pro Tem Dalton felt the Code should be changed. He did not feel any application should damage existing business. He supported continuing this matter and discussing Code changes at the next meeting. Council member Stolzmann stated looking at the PCZD guidelines, one of the uses allowed by right is childcare centers. She asked for clarification on the difference between a childcare center and a preschool. Planning and Building Safety Director Russ explained the Code specifically allows a daycare as a use by right because they are a known use, but preschools, or any class of schools require a Special Review Use to determine the scale of the use. Council member Stolzmann stated she feels a pre - school is a childcare center. She understood the concern over the marijuana facilities, but agreed with Mayor Pro Tem Dalton the Code should be amended. She felt the distances should be reviewed as it creates a conflict elsewhere. She felt following the PUD would promote well - planned shopping centers and facilities that provide a variety of shopping, professional, business cultural and entertainment facilities that create an attractive and pleasant shopping atmosphere. She preferred to approve the application and come back and make changes to the marijuana rules.