Planning Commission Minutes 2020 07 16

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Planning Commission Meeting Minutes July 16, 2020 Page 5 of 12 Moline says that it is close to schools but it meets the buffer requirement. Since it meets that buffer and has been issued the appropriate license, the necessary boxes have been checked. Williams points out that it is interesting that they are discussing revitalization as part of the criteria. We are now putting three marijuana retail shops in close proximity to each other. This area is already dilapidated. She thinks it would be better to spread it out and not have it all in the same location. Hoefner mentions that this use would go there regardless if they changed the zoning. The zoning change would allow less industrial types of business should this business not work out in the future. He suggests that during the commissioner comments portion of the hearing, the commissioners could ask staff about having more of a buffer. Moline mentions that they should possibly consider how the applicant has made a good faith effort to follow the city’s regulations and have determined that this is a space that meets the rules and regulations. We need to make sure we are treating the businesses fairly when they are using our land use code when choosing a location for their business. Williams says that based on the fact the zoning that it currently is can be a marijuana shop, it has nothing to do with us rezoning from CB to CC. She mentions that the way it is being brought forth to them is a bit misleading. She asks why they are discussing marijuana shops when they should just be discussing re-zoning. Moline says that he was trying to address Commissioner Howe’s question. He agrees that this is a matter of rezoning not marijuana. Williams says she agrees that Commissioner Howe has a great question and thought of that question herself. She feels that the way staff presented this was misleading though. We are discussing two different issues that have nothing to do with each other. Rice mentions that he is personally not a fan of these types of businesses but says that that is not for him to decide. City council has already made these policy decisions to have marijuana in the city. He thinks this is far too close to schools but this is meeting city code and has the appropriate buffer. As far as how this was presented to the commissioners, it is already zoned to handle this. It is only being brought to the commissioners because of the revitalization document, which says that if the use is changed, the zoning has to be updated to mixed-use. It really is just a technical exercise and is not asking the commissioners to weigh in on the policy aspect. Williams makes it clear that she disagrees with this policy but says that it is not what they are weighing in on tonight. Brauneis agrees that it is not their responsibility to weigh in on the policy. It was passed with eyes wide open that these locations were going to be possible locations for these types of business.