City Council Minutes 2014 08 05 - Laserfiche WebLink

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City Council Meeting Minutes August 5, 2014 Page 8 of 22 Mayor Muckle asked for clarification if daycare centers are a use by right. Planning and Building Safety Director Russ confirmed daycare and child care facilities are a use by right in a zoned district and not subject to the SRU criteria. Mayor Muckle agreed Council should approve the application this evening and then resolving the issues in the Code later. Council member Lipton requested information about the restaurant, bars and other establishments that may be affected. He preferred to delay action on this application. Mayor Muckle inquired about the 500' distance separation. He asked how far would 500' be from the proposed facility. Planning and Building Safety Director Russ felt it would reach Dyer Road, but not beyond to Colony Square. Council member Keany asked if the separation from bars and restaurants from schools is 500'. City Attorney Light confirmed it is the state standard. Council member Keany stated the application would not affect any alcohol related redevelopment east of McCaslin, but it would affect future alcohol related development or redevelopment west of McCaslin. Council member Loo wanted to honor the existing businesses, but liked the proposal for the Goddard School. She inquired about the advantages and disadvantages of altering the current regulations and how long it would take. City Attorney Light explained changing the separation requirements in the marijuana regulations would require an ordinance. In his opinion, there is no vested rights under zoning code to relocate to a location for which you have not yet submitted an application, nor does the legislative zoning rules create a vested right to any entity, whether it be liquor, marijuana or some other industry, which creates separation requirements, is there a vested right to proceed with a development, where you have not in fact, accrued vested rights under common law. With respect to the legislative measures, the City Council may look at the separation requirements as a general matter under the marijuana regulations or look at the provisions adopted in the moratorium ordinance, which are specific to the two existing establishments. In either case an ordinance would be required. Planning and Building Safety Director Russ stated there is a moratorium ordinance in place until the end of this year. The moratorium ordinance allows the relocation of the existing marijuana sites. He felt there was time to modify the marijuana regulations before it impacts the marijuana establishments. Mayor Pro Tem Dalton supported approving the resolution and directing staff to bring change proposals addressing the possible economic vitality of Colony Square and the other McCaslin businesses, which may be impacted by the preschool /childcare center. PUBLIC COMMENT