Loading...
HomeMy WebLinkAbout11-06-2002MINUTES OF THE PLANNING COMMISSION MEETING NOVEMBER 6, 2002 The regular meeting of the Planning Commission was held on November 6, 2002 at 7:00 p.m. in the Council Chambers of the Auburn City Hall. Those in attendance were as follows: MEMBERS: Garna Jones, Dave Peace, Karen Ekrem, Peter DiTuri, Ronald Douglass, Renee Larsen and Yvonne Ward STAFF: Paul Krauss, David Osaki, Sean Martin, Mitzi McMahon, Dan Heid and Patti Zook The meeting was called to order by Chairman Karen Ekrem. APPROVAL OF MINUTES: Commissioner Douglass made a motion, seconded by Commissioner DiTuri, to approve the October 8, 2002 meeting minutes. The motion passed. PUBLIC HEARING (Continued from October 8, 2002) · CPA02-0001 - Comprehensive Plan Policy/Text Amendment #6 - Auburn Airport Master Plan Update 2001-2020 Community Development Administrator Osaki commented that the Planning Commission held a public hearing last month on Comprehensive Plan amendments and recommended approval of all the Comprehensive Plan amendments except the Airport Master Plan (AMP). Planning Commission requested that the public hearing on the AMP be continued until November 6 to allow staff time to provide additional public notification. Development of the AMP entailed three open houses where between three and 21 persons signed in, four newsletters were mailed out, 140 notices were mailed out, nine member technical advisory board assisted in development of the Plan. Notices for tonight's meeting were mailed to various agencies, adjacent property owners within 300 feet of the Airport, Auburn Downtown Association, Chamber of Commerce, Auburn Regional Medical Center, property owners in the Auburn North Business District, Auburn School District, Kent School District, posted on the City's website, display ad in the South County Journal, and notices to the newspapers. The State Aviation Division letter was complimentary of the Plan. No written comment were received about the Plan. Staff recommends approval of the AMP. The Airport Advisory Board also recommends approval of the Plan. Planning and Community Development Director Krauss commented that the Airport was created 30 years ago, is a unique institution. It is a general aviation airport and well suited because it is close to population centers. It is considered a 'reliever' airport by the Federal Aviation Administration (FAA) and explained what this means. The Airport serves general aviation aircraft, their owners/operators and has the most active aviation college in the Pacific Northwest. The Airport did not receive much in the way of significant improvements for many years. The City has no plans to enlarge the Airport; rather we are planning safety improvements, maintenance improvements, expansion of services for aircraft based there, and expansion of businesses based there. The single runway will not change and there is no desire to change the scope of the Airport to accommodate larger aircraft. Rather, this Plan builds upon the 1995 Plan and is funded by the FAA. The Plan is used as a basis to guide development of the Airport for the next five to 10 years and to obtain FAA grants. It does deviate from the 1995 Plan by focusing on development of 23 acre parcel on the west side. This parcel is surrounded by development such as Fisher Properties. The Airport hopes to acquire the 15th Street park/ride lot because Metro/Sound Transit are eventually leaving this lot. It gives the Airport an opportunity to expand the safety overrun area. He spoke about the Airport Landing Field zoning overlay district that prevents buildings and development from intruding too close to the Airport. The Airport has received support from the Chamber and is viewed as something that sets Auburn apart from other cities. He spoke about the hangar construction project. The City is seeking additional businesses to locate at the Airport. An aviation repair business is established at the Airport. Jamiele Garcia, with Northwest Aviation College and Auburn Flight Service is located at the Airport. The Airport Advisory Board is in attendance tonight and support the AMP. The Airport Advisory Board are -1- MINUTES OF THE PLANNING COMMISSION MEETING NOVEMBER 6, 2002 appointed by City Council and they reviewed the Plan and were instrumental in developing that Plan. The Municipal Services Committee of the City Council also reviewed the Plan. Commissioner Douglass asked if the Customs Port of Entry requires any changes because of September 11 and Planning and Community Development Director Krauss replied that the customs point of entry is not now in operation and he is unsure if it can restart. This is a decision to be made by the Customs Service. He believes that people will come through Customs in Bellingham now. In response to Commissioner DiTuri's questions, Planning and Community Development Director Krauss remarked that the SeaTac third runway runs north/south and parallel and west to the other two. Its operation will not create conflicts with Auburn. The Plan was developed in conjunction with the FAA. The Airport Operates under controlled air space and the traffic pattern is designed to minimize noise to residential areas. The Airport is in line for a transmitter and repeater station for direct contact with air traffic control staff at SeaTac. The Airport is seeking an instrument approach using navigation satellites. It operates fine today and will operate better in the future. Commissioner Douglass said the executive summary talks about not meeting an FAA requirement about separation of taxiways and there is some limitation. Planning and Community Development Director Krauss said the decision was that given the aircraft size for this field that the runway spacing is sufficient with the two taxiways. FAA indicated that that did not want to fund a change to the taxiways. Mr. Garcia operates a large plane that does not have any problem on the taxiways. Commissioner Jones indicated that she was not able to read all the AMP pages, and wonders if there is a section dealing with environmental impacts and noise impacts. What will the impacts be to City neighborhoods and the hospital. Some complaints have been received from the hospital in the past~. Pla. nning and Community Development DireCtor Krauss replied that aircraft turn before reaching the hospital and no complaints were received from the hospital for the last four years. Any noise complaints are reported to the Airport staff or to the FAA who contact the pilot. There were a few issues with helicopter operations that use the Airport for training. These are not based at the Airport, but are based at Boeing Field. Airport Advisory Board met with the helicopter operators. The pilot community is sensitive to noise issues. Most aircraft operators have been in Auburn for years. AMP charts show that the altitude of planes over downtown is high, and the noise issues are assed in the Plan and evaluated and not been an issue. Airport dynamics are not being changed. The Airport is building more physical buildings and there will be an increase in activity because of additional hangers. There will be no additional runway or a longer runway. The Airport improvements have been presented to the Chamber, Rotary, Lions and they have not alerted staff to any concerns of impacts. Commissioner Jones is not concerned about people who have aircraft at the Airport and they have been there a long time. However, and if there are more hangars and more planes and more people,' and these people live outside the City, how to control the impacts. When planes are in the air, the City no longer has control. Planning and Community Development Director Krauss advised that the procedures are published in the State aviation guide, the approaches are published, approaches are signed on the field. The majority of people want to do the right thing. However, the City cannot regulate airspace. If there is a problem, the FAA becomes the lead agency. The aviation community are familiar with the regulations and talk among themselves. Most pilots are sensitive to the loss of airports and do not want to see this happen. The City wants the Airport to remain an asset to the community and businesses. The Airport does not cost the City anything because it operates out of generated revenues. Commissioner Jones believes the City is working toward improving livability and she wants to make sure all citizens have a chance to voice their opinions on the AMP. Planning Commission represents citizens and Planning Commission did not receive any information on the open houses or copies of the newsletters. She believes the Planning Commission should have been more involved in the Plan process. Planning and Community Development Director Krauss commented that the absence of any objections can mean there are no significant issues. Years ago the City surrounded the Airport with -2- MINUTES OF THE PLANNING COMMISSION MEETING NOVEMBER 6, 2002 industrial and commercial uses. The nearest residential housing is the SHAG senior housing project behind Fred Meyer. SHAG realized the location of the Airport and this was not an issue for the developers. No comments have been received from SHAG residents. He concurred that Planning Commission should have been notified of the open houses because Council was notified. Planning and Community Development Director Krauss said that the City makes an effort to be as inclusive as possible. When the City does a planning project, or even a task force, it comes through Planning Commission because they are charged with responsibility of filtering information and recommendation before Council reviews. City Council appointed the Airport Advisory Board to review the AMP and the members do have an interest in aviation, but not all are pilots. City Council charged Airport Advisory Board with reviewing the Plan and making recommendation. Bill Peloza, 11203 SE 327th Street, lives in the Lea Hill annexed area. He is chairman of the Airport Advisory Board and introduced other members in attendance. The Airport Advisory Board's main purpose is to show support of the AMP update. He suggested to Planning Commission if they want to learn more about the Airport and its operations to attend the Airport AdvisorY Board meetings or request copies of the meeting minutes. He stressed his support of the Plan update. John Gallo, Aircraft and Pilots Owners Association liaison, is assigned to the Auburn Airport and has attended the Airport Advisory Board meetings. His job is to report back to members and tries to resolve any conflicts before they become big problems. They work with other aviation groups like experimental aircraft groups and acrobatic aircraft groups too. As a group, pilots are attuned to peer pressure and are self-regulating by nature. He invited the Planning Commission to come to the airport and look around and to take a tour from the air. He is also a Valley Flyers Board member. Most of the aircraft noise is not engine noise; they have mufflers on the aircraft. He believes car stereos on Auburn Way are noisier than the planes. He spoke about noise from Seattle International Raceway. There can be a bit of sonic noise from propeller blades from older planes. He has videos available that address use of the Airport and its commercial impact on the City. Ron Wanttaja, 1402 W Street NW, is a member of the local chapter of experimental aircraft. Regarding noise, the Airport Advisory Board published a standard set of traffic patterns on the City's web page, identified the hospital as noise sensitive area, and developed traffic patterns to avoid the hospital. They raised the traffic pattern altitude to 1,000 feet. Aircraft engines have mufflers. Regarding noise concerns, he hears more noise from trains on the ground. He acknowledged Planning Commission concerns about noise and invited Planning Commission to come to the Airport on Saturday which is the busiest day. Most aircraft are used for recreational use not eight hours per day. Pilots are trained to get as high as quickly as possible and this helps control noise impacts. In response to Commissioner Jones' questions, Mr. Wanttaja said the Auburn Flight Service school is regulated by the FAA and operates under FAA rules for training. There are some touch and go landings for training purposes. The training planes are smaller planes with lower horsepower and mufflers. Planning and Community Development Director Krauss said the aviation school is addressed in the plan and is considered to be general aviation activities. Auburn Airport is one of the busiest in the state. He said the aviation school is one of the largest in the country and does plan to expand. From an aviation operations standpoint, the school is always the largest segment of operations in the week, but has not been a concern in the past. Auburn's airport is not different from airports in other cities. Most of them do training, operations, repairs, etc. Mr. Garcia's operation is a bit different and is a benefit to the City via employees. Students attend from around the country and live and work in the Auburn area. The school is connected to Green River Community College and is has been a vital part of Airport operations for decades. -3- MINUTES OF THE PLANNING COMMISSION MEETING NOVEMBER 6, 2002 Commissioner Jones is concerned about Auburn's livability and protection of the community wants to keep noise levels down which is not guaranteed unless addressed in the Plan. She wants to see aviation school expansion addressed in the Plan. A short discussion occurred regarding car noise levels on 17th Street compared to aircraft noise. Jamielle Garcia, Auburn Flight Service owner, Northwest Aviation College, explained they are a premier aviation training facility and have invested in new planes over the last two years. The FAA regulates the amount of noise generated by planes. They have reduced propeller speeds and are sensitive to noise concerns. Their students are trained about the hospital and required traffic patterns. However, they cannot control itinerant traffic from places such as Montana and Oregon. Local pilots are educated about destinations and pilots are sensitive to noise issues. Their school has provided pilots to major airlines. The FAA regulates the amount of noise that planes produce. His business has plans to expand, but will do more with less. He has 20 planes now but this will be reduced to 15. He spoke about new technology in computer simulation instruction. This keeps pilots out of planes and is very cost effective method of training. Students are placed in planes after their proficiency in 'computer simulation. Students do have to practice touch and go and do this at other airports and learn to community with airport towers. Students do solo flights at the Airport and spend about 12,000 to 15,000 hours at school each year. The school has been at the Airport since 1969. Mr. Garcia said there is a FAA traffic count in the Plan. The count did not take into consideration factors in aviation such as flight times and number of students. The majority of pilots are recreation pilots. He provides $20,000 in rent to the Airport and wants to be good neighbors. He invited Planning Commission to see the aviation school which is nationally accredited and to see what the noise levels are. The FAA uses their planes for professional training. A short discussion concerned the type of fuel used by aircraft at the Airport. The fuel is highly refined aviation fuel; no leaded gas is at the Airport. Ray Richcreek, is a former Alaskan bush pilot, only hears aircraft noise on a calm summer evening. He hears commercial jets from SeaTac frequently. He also hears noise from the many trains going through town and Emerald Downs racetrack. To improve livability of Auburn, the City needs to address problems at Olympic apartments and the numerous police calls there and his property value is going down because of those apartments. The apartments affect quality of living, not the Airport. Planning Commission should redirect their concerns toward Olympic apartments. He is a private pilot and offered to give Planning Commission rides over the city. He spoke about the Good Ole Days summer program which used to have aircraft-related programs.for kids. He stressed that the City should bring this program back for the kids. He spoke of the asset of the Airport to the community. Mr. Gallo spoke of the social impacts and environmental impacts of the Airport. Businessmen fly into town, stay at local hotels, eat at local restaurants, visit the racetrack, etc. A particular pilot owns and races horses at the track so he comes into town frequently. The aircraft provide $18,000 to the City for fuel costs and he provides $500 per month in rental. At a recent yearly meeting of pilots at another airport, he took 100 pamphlets of the Auburn Airport and was able to pass out all the pamphlets. There was great interest in the Airport and its facilities. The Airport improvements will generate higher end visitors and clients and provide a positive economic impact to the City. Mr. Garcia has approximately 40 employees, there are 13 instructors, 3 City employees, 5 maintenance people in hangars, with total Airport-related employees of 60. Commissioner Ward made motion, seconded by Commissioner DiTuri, to close the public hearing. The motion passed. Commissioner Ward made a motion, seconded by Commissioner Larson, to recommend approval of P/T 6, the Airport Master Plan. Commissioner Peace commented that Commissioner Jones made good points, particularly that the Airport Advisory Board is composed of typically pilots or those interested in aviation. He thinks this is like developers making development standards. He thinks it is important for Council to know that the Planning -4- MINUTES OF THE PLANNING COMMISSION MEETING NOVEMBER 6, 2002 Commission thinks that Airport Advisory Board members should be people who are not associated with Airport issues. Being a pilot is not a precondition to being on the Airport Advisory Board, said Planning and Community Development Director Krauss and gave example.of Rodger Campbell, who is a former railroad employee. The Airport Advisory Board is appointed by the City Council and serves in an advisory capacity. Their direct responsibility is the Airport and the environment in which it operates. The Airport has an overlay zoning - the landing field district, which are linked together. Planning and Community Development Director Krauss acknowledged that Planning Commission should have been involved earlier in the Plan. The Airport Advisory Board Chairman is a former Boeing manager, another member is retired Air Force, and two active pilots are on the board. He will ask Council to be cognizant of Airport impacts on the community and suggest that Council have members on the board who are not pilots. Chairman Ekrem thanked Planning and Community Development Director Krauss for taking Planning Commission concerns into consideration and for involving Planning Commission sooner in special issues. Commissioner Jones wonders if there should be section in the Plan dealing with environmental impacts to the City or any potential impacts. If complaints increase or problems arise, or the Airport affects livability, there should be mitigating factors in place to address these issues. The Plan needs to speak to environmental issues, noise potential and the amount of takeoffs and landings. She does not see anything in the Plan that addresses these issues. Planning and Community Development Director Krauss spoke about FAA requiring air quality analysis and there is documentation to this effect in the Plan. Noise documentation was also done. There is limited capacity for growth at the Airport based on practical limit of how many movements a single runway can accommodate. There is definite ceiling on amount of development that can occur. The annual number of takeoffs and landings is in the Plan and is approximately 140,000. A takeoff is one movement and landing is another movement. Commissioner Ward believes there is valid concern about the makeup of Airport Advisory Board. The staff did widespread notification of the public hearing. Commissioner Jones did good job of expressing citizen concerns and she favors the motion of approving the AMP. Commissioner Ward is looking at the positive aspects of the Airport. There are some inherent impacts with an Airport, but steps were taken to mitigate these impacts. No complaints about plane noise were received from the senior housing complex, and relatively few noise complaints from other people. The public was notified of the public hearing, but there is a lack of public here to talk about the Plan. The Airport is an integral part of the community and the expansion is not overwhelming. The impacts are not enough to outweigh the benefits to the community. Overall, the Airport is a valuable asset to Auburn. Commissioner Jones thanked Commissioner Ward for her comments and thanked the Airport Advisory Board for their comments and attendance. She wanted the Airport Advisory Board to know she is concerned with the City's livability and does not have anything against pilots as her son-in-law is a pilot. She does not want the City compromised by the Airport's expansion. She was told 10 years ago there would be no expansion of the Airport and told by Council that Airport would not be expanded. The planes now are quieter, and are mostly for recreational use. She is going to vote in favor of the AMP and passing it on to Council. Commissioner Douglass agreed that the Airport is an asset to the community and he is impressed with the Plan. He commended the Airport Advisory Board for their work on the Plan. Commissioner DiTuri remarked that the Plan contains lots of information. In order to measure the Plan's effectiveness, it should be looked at every year or two to assess if the Plan is being followed. He is supportive of the AMP. The City needs to make sure it looks at the direction the Airport is going and continue to monitor. He suggested that the Airport Advisory Board get better numbers of the amount of takeoffs and landings in order to reduce estimates. -5- MINUTES OF THE PLANNING COMMISSION MEETING NOVEMBER 6, 2002 Chairman Ekrem thanked those in the audience for attending the meeting, and thanked them for the invitations. Commissioner Ward's previous motion was restated. The motion passed. Chairman Ekrem asked for a recess at 8:40 p.m. and the meeting reconvened at 8:50 p.m. DISCUSSION · Adult Entertainment Planner Martin introduced Dan Heid, City Attorney, and Mitzi McMahan, Planner. In providing assistance and guidance to people at the counter or on the phone, the Zoning Code is applied to their property or business activity and he gave examples of such conversations. There is the requirement that adult uses be separated from any residential zone whether that residential zone is in the City or not. There is the existing provision of 1,000 feet of separation of adult uses from churches, daycares, schools, parks - areas where children can congregate. In the M-l, Light Industrial zone, particular adult uses are permitted upon the issuance of a conditional use permit. Adult uses are permitted only through the conditional use permit process. Auburn has moratorium in plac~ now and the resolution establishing the moratorium includes a work program which he described. Planning Commission must consider the existing provisions, formulate modifications to those provisions, and work together with staff on process. Planning Department will introduce the existing regulations and receive direction from Planning Commission regarding what to focus on, and then prepare for the public hearing and adOption of any amendments. Planning and Community Development Director Krauss advised that Lynn Rued and he proposed the first adult use regulations about four or five years ago. Regulation of adult uses is made more complex by the First Amendment rights and court interpretations. About six years ago, Bellevue (he believes) had an ordinance that prevailed court challenges and allowed the city to establish distances from sensitive uses. Auburn's ordinance focused on live entertainment component which under current law city is in position to regulate. He spoke about an adult use that attempted to open on A Street SE and was a victim of neighborhood scrutiny and voluntarily decided not to open. Following that incident, City Council passed the moratorium to allow staff and Planning Commission to develop additional adult use regulations and to update the City Code. City Attorney Heid said that regulating adult entertainment is a problem that every city has to face. Auburn's current codes provide for limitations on a certain portion of the broader definition of adult businesses. The moratorium is developed by City Council to allow for time to determine what type of regulations, parameter of the regulations, scope of the regulations should be developed and adopted. The US and State Supreme Courts have decided that no government can prohibit this alternative form of expression which is entitled to some protection. It is the responsibility of the City to not prohibit this type of activity. The responsibility of the City is not to prohibit this type of activity and to provide for control the protections allowed by the courts. Some cities tried to prohibit adult uses and were victims of expensive lawsuits. The City needs to determine what zones might need to be identified for these uses. Some cities identified industrial zones. What items deserve or warrant protection? Sensitive areas as deemed by the State and US courts are residential, schools, churches, parks - anywhere children congregate. The City could possibly look at the SuperMall or YMCA since children frequent these places. The City needs to evaluate whether these types of areas fall close to protection provided by under US and State courts. The 1,000 feet of separation distance is not a magic number, but must be something that you can justify. He spoke of the importance to establish a legislative record here at the planning Commission level. If the City is sued, the legislative record is available to show why the City did what it did. This would enable the City to defend any challenges to the ordinance. The legislative record could be quite large. The law says Auburn can use negative experiences from other cities and look at what other cities have experienced and their studies. This information can be considered by. the Planning Commission and City Council in developing Auburn's ordinance. He referred to his memorandum which was prepared as background for the moratorium. The memorandum describes the importance of studies, experiences and case law related to adult uses. Some cities had to shorten the 1,000 foot parameter to 300 feet. The separation -6- MINUTES OF THE PLANNING COMMISSION MEETING NOVEMBER 6, 200;) distance may be something that cities have the least control over. The City will want to protect certain sensitive areas. The courts have said that cities cannot eliminate this alternate form of expression and must make sure property is available for this type of use, and make sure the property is not too insignificant or remote. According to Planner Martin's maps, it appears there is tremendous amount of territory available. If it is Planning Commission's direction to limit availability of areas to certain zoning districts, this could push the 'balloon' and the distance parameters could change. This could be small percentage of City, but enough that it would pass judicial scrutiny. Commissioner Ward asked if the two existing adult use stores will be grandfathered. City Attorney Held spoke about court decisions that allow amortization. This allows the City to determine period of time in which inappropriate uses must cease business. Court decisions have allowed cities time to impose amortization periods identifying when the use can be removed, or extensions applied for. He gave the example of Federal Way. This is an issue that the Planning Commission will have to look at and determine criteria in order for businesses to receive amortization. Courts recognize legitimate right to protect uses and impose limitation on how long non-conforming uses can stay. A long standing, pre- existing non-confirming use can be amortized. The question is how to define adult uses and some cities have included stores like Lovers Package in definition of adult use while other cities do not. Commissioner Ward asked if there are any studies or discussions about youth congregating in unsupervised areas such as a mall and if by chance the youth could wander into an adult use area. City Attorney Held said it is important to identify negative secondary effects and identify protectable targets. Negative secondary effects are social problems because of particular influences of pornography such as prostitution and drug use. These effects seem to be consistent in various studies. Commissioner Jones asked if cities use the argument that they already have negatives that potentially could affect crime and bring in drugs, etc., and maybe do away with allowing adult uses. City Attorney Held said the short answer is no. The law will uphold a limitation on number of pawn shops because it impacts cities in certain ways. Courts have upheld restriction of pawn shops in geographic area, but will not impose same criteria for adult entertainment because it falls within area protected by First Amendment rights. Adult uses cannot be restricted like other businesses because of constitutional protection. Commissioner Larsen suggested that adult entertainment businesses should not be located nest to SCTF. City Attorney Held said this may be something to look at and he is unsure- how court will rule on this. He does like Commissioner Larsen's idea which sounds sensible, but may be not in area of constitutional protection. Another approach is 'combat zone' to create concentration. Courts are more accommodating to availability of territory, but at the same time there are social problems with congregation of uses. Planner Martin said that there is no prohibition that adult entertainment could serve alcohol. City Attorney Held said that if you let an adult cabaret serve alcohol, the Washington State Liquor Control Board has greater authority to regulate. The Liquor Control Board can impose regulations without free speech issues. The State can prohibit certain things we cannot and this is why adult cabarets are nonalcoholic. Chairman Ekrem wanted to know what are next steps for Planning Commission. Planner Martin said the Planning Department and City Attorney need feedback from Planning Commission of what they want staff to do. The moratorium's work plan relies heavily on the Planning Commission. The Planning Commission will have the public hearing on the amendments. Planning Commission and staff can discuss the status of legal cases and discuss the secondary effects. The work program defines that the Planning Commission be involved in the recommendations. City Attorney is preparing legislative record around direction and issues of Planning Commission. Commissioner Larsen suggested adding movie theaters and drive-in theaters for separation from adult uses. Commissioner Douglass requested information ~n court situations where youth congregate and court cases where this was upheld. 15th Street NE contains many fast food restaurants and kids congregate there too. -7- MINUTES OF THE PLANNING COMMISSION MEETING NOVEMBER 6, 2002 Commissioner Jones spoke about Freddies Casino and the argument about it being located on a gateway and major arterial. She is not sure what the complaints are, but all adult uses should be placed on a back corridor. City Attorney Held advised that if you look at SeaTac there are adult uses on International Blvd. and in Lakewood on South Tacoma Way which are both major arterials. There is no case law to prohibit adult uses on arterial roads. You cannot restrict something, you can only protect it. In order to protect you must identify uses to protect. Protection is not restriction. In response to Commissioner Larsen concerns, City Attorney Heid advised that schools are schools - academic institutions. As for dance school, or judo school, these do not fall into the same position as identified by courts and you must come up with protection defense. You must be able to show and defend the ordinance and show what went into the formation of the ordinance. He encouraged Planning Commission to continue thinking. He anticipates that at the next meeting Planning Commission will have additional material and summaries of studies from other cities. Planner Martin remarked that Planning Commission will have di§cussions and formulate recommendations. Planning Commission will be provided copy of existing regulations. Staff has compiled list of definitions and uses that the City does not regulate. The moratorium was in response to a specific issue. The Planning Commission may make recommendation to amend the existing provisions and these recommendations could be for additional definitions, or to revisit separation requirements, or conditional use permit process. Planning Commission to recommend what to regulate and how to regulate. Staff will continue to work on points in the work plan in moratorium resolution, review the legal cases, review other jurisdiction information about secondary effects. City Attorney Heid has six boxes of information and will try to summarize. Planning Commission is the ideal forum to ensure keeping in mind the broader community perspective. Commissioner Larsen is unsure how to define bookstores and wonders if it is based on the amount of material that a business has in adult use category. Planning Commission consensus was that 20 % of material in business should classify as adult use. City Attorney Heid said that staff is providing sample ordinances from other cities, also providing limitations in terms of what case law says, and parameters. Once Planning Commission has this background they will be in a position to say what regulations should be. Lots information will be coming including case law too. There are limits on what Planning Commission can do. Commissioner Jones remarked that as Planning Commission receives from information it will become clearer what their role is. Planning Commission has received direction tonight and more information will be coming. Commissioner Ward confirmed that Planning Commission's role is to establish the legislative record, understand the impacts on the community and to assess those impacts. Recommendations to be based on evidence of legislative record, based on evidence. The recommendations must be based on solid record. COmmunity Development Administrator Osaki commented that Planning Commission must establish the legislative record. Planning Commission must also determine what to protect, what zoning districts are appropriate for adult businesses, whether to revise the definitions, if 20 % should be the threshold, and whether to regulate businesses such as Lovers Package. ADJOURNMENT: With no further items to come before the Commission the meeting was adjourned at 10:00 p.m. PC~GND\MIN11-2002 -8-