02-09-2012 Planning Comm. Minutes

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MINUTES PLANNING COMMISSION FEBRUARY 9, 2012 The Planner indicated that because adult oriented businesses have First Amendment protections under freedom of speech and freedom of expression, the City cannot prohibit these businesses. The City must provide areas where these businesses can location, yet can create buffers to protect sensitive populations. The Planner reviewed his February 3, 2012 report in detail which answers questions specific to this issue. The Planner noted that the growth of use of the PUD District, the separation of the B -2 and B -3 Zoning District linkage that was in the previous ordinance, and the small change in land use patters over time has eroded the available area for adult oriented businesses to less than 2% of the City under the current 500 foot buffer. To recover an area for potential adult use location that is closer to the traditional 5% threshold, the Planner recommended adding adult uses to the B -3 and I -1 Districts, while retaining the 500 foot buffer. This would result in an eligible area for adult uses of more than 4% of the City. The Planner reviewed maps which illustrated the impact of this recommendation. He noted that most of the northwest portion of the City would be eligible for adult oriented businesses as well as a couple of parcels at the southwest tip of the City near Highway 36. The Commission discussed the City Planner's recommendation. Duray asked if not quite achieving the 5% threshold would be a problem. The City Planner felt comfortable with the percentage noting that this would provide over 40 parcels available for adult oriented businesses. Barraclough recommended approval of the proposed Zoning Ordinance Amendment to update regulations in Section 903.130 relating to adult - oriented business uses in Commercial and industrial Districts, as well as amendment of the Zoning Map to reflect the adopted regulations as recommended by the City Planner in his report dated February 3, 2012. Motion seconded by Murphy. Motion carried 6 — 0. SUBDIVISION The City Planner reviewed his report dated February 3, 2012 ORDINANCE recommending approval of a Subdivision Ordinance Amendment to AMENDMENT Sections 1006 and 1008 relating to specifications for various subdivision design standards and improvements establishing a standard for the installation of sanitary sewer lift stations as well as the requirement for looping of waterman. The Planner indicated that the intent of the ordinance is to add specificity and the weight of the ordinance requirement, rather than having the issues addressed via a recommendation by City staff or the City Engineer. The Planner noted - 15 -