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<br />Questions for Staff: <br /> <br />Commissioner Thompson asked if Staff considered adding a condition requiring the applicant <br />prepare an evacuation plan. Mr. Wood stated that Staff would follow that if that were the <br />Commissions direction. He would refer that to the Chief of Police for the elements that would <br />need to be included. <br /> <br />Commissioner McDermott asked about conflicts with construction in the Colorado Tech Center <br />as far as safety issues and traffic issues. Mr. Wood stated that Staff will follow the Commission’s <br />direction however they would like to amend it. Staff does recognize the activity in the CTC. <br /> <br />Commissioner McDermott sees this application as an incomplete submittal. There is not a traffic <br />study, environmental study, or a full safety study. <br /> <br />Mr. Wood stated that the applicant does have some additional information at this time. Staff has <br />attempted to sort out the outstanding issues, in terms of raising issues that Staff feels needs to be <br />addressed for this to move forward. <br /> <br />Commissioner Thompson asked City Attorney, Sam Light, what the impact of this school on the <br />Sexually Oriented Business statute would be. <br /> <br />Mr. Light stated that the issue is that the location of the school would reduce the amount of land <br />available for the location of sexually oriented businesses. By background, the City’s SOB <br />ordinance was adopted in 1998. It is the City’s right, through zoning power, to restrict the <br />location of sexually oriented businesses, however, the City cannot use the zoning authority to <br />effectively zone sexually oriented businesses out of the community. A reasonable opportunity for <br />sexually oriented businesses has to be provided to open and operate within the community. The <br />City does not have an obligation to guarantee that a sexually oriented business can find a site at <br />the price and terms it desires. <br /> <br />If the Special Review Use is approved the zoning authority is being exercised to allow a use that <br />was not previously permitted. That will have an affect on the separation requirements. There is <br />an obligation to look at the sites that are left and see if there is a need to look at other potential <br />sites or deal with the distance restrictions. Because the police power is to be exercised if this is <br />approved and a use is instituted, there is probably some obligation to re-look at that ordinance <br />and see what land is left. <br /> <br />Applicant Presentation: <br /> <br />Rhonda Kelley, 1905 Iris Avenue, Boulder, representing Peak to Peak. Ms. Kelley stated that <br />Charter Schools are public schools and they have their own Board of Directors and operate within <br />the public school district. Peak to Peak will offer a Liberal Arts college prep curriculum and as a <br />small school they hope to foster a nurturing environment for their students. Ms. Kelley stated that <br /> <br /> 8 <br /> <br />