09/09/2002 Council Minutes - Laserfiche WebLink

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• • COUNCIL MINUTES SEPTEMBER 9, 2002 The Applicant noted the proposed business will have to come before the City Council for approval of their licenses. Councilmember Carlson noted the City's ordinance does not allow the City Council to deny such a license application. She questioned whether the applicant would be willing to agree to not allowing such adult uses to occupy space within this shopping center development. The Applicant was not certain how to address this request. Community Development Director Grochala indicated this PDO had been approved in 1999 and was zoned Shopping Center District. He did not believe the City would be in the position to restrict the sale of tobacco products within this shopping center since this use falls under the approved retail use ordinance. Councilmember Carlson acknowledged that there were certain items that the City allows in exchange for a PDO, such as smaller lot sizes and setbacks, which allows the City to regulate certain items such as building design, materials and open space. She noted the City's ordinance does not specifically address these requirements and questioned why the City Council could not also address tobacco as a use within a PDO. It was the City Attorney's opinion that if the City's ordinance does not specifically address a particular use, then the City Council can not deny a permitted use. Additionally, he indicated the Council could not deny the PDO based solely on the proposed tenants. Mayor Bergeson questioned whether there could be limits on the amount and square -footage of signage related to a tobacco use. It was the City Attorney's opinion that this would be making a distinction based on a particular use, which could result in First Amendment rights and zoning issues, unless the ordinance specifically addressed this type of issue. Councilmember Carlson felt it was clear that the City's ordinance was lacking in that it does not allow the City Council to make this type of decision. She questioned, if the City Council passed an ordinance addressing the sale of tobacco products in shopping centers, would this proposed use be grandfathered in. Community Development Director Grochala responded affirmatively. He felt this was not an issue with there being a hole in the City's ordinance, rather this issue simply has not been addressed before. He indicated it was typical for a liquor store to hold a tobacco license, however, in this case, because tobacco is included in the name of the business, the sale of tobacco products may be a larger than standard part of the business. Mayor Bergeson stated his initial concern was that a tenant not sell tobacco as a primary business, which he noted was not the case with the proposed tenant. Councilmember Carlson noted an earlier proposal showed two different proposed uses, one a liquor store and another a tobacco shop. 16