CCMIN081611 - Laserfiche WebLink

not go up. He asked that the City not make a decision and direct the applicants to go back to the Architectural Review Board, as they are filing an appeal, to obtain a final decision on this. Public Comments: Jerry Hodnefield said his family owns about 10% of the Quarry Business Park and his construction company was involved in the park's original construction. When the park was developed 25-30 years ago, most owners leased or owned by companies that manufactured or created jobs, which is no longer true. Of the many tenants who occupy their building, only one makes anything. With a few exceptions, they cannot compete in the world market, and to try and find such tenants for his building is a fool's errand. He said the park has evolved from manufacturing industries to service industries and continues to move in that direction. The schools, gymnasiums, judo, karate classes, piano and dance lessons are child-related. The park is surrounded by residential communities and therefore a natural for these types of businesses. The facilities are convenient, rents are reasonable as compared to retail locations, and he asked the City to re-affirm the planning and zoning and their right to lease to these types of tenants, which they have done over the years. While this will not solve the problem with the elected association, which it has taken upon themselves to narrowly construe the words of the CC&R's and their stated objectives are that child- related businesses be phased out and no new ones permitted. He therefore respectfully asked that the Council rule in their favor so as to move onto the next fight with the architectural board of that association. Bryan Bowers said he understands that Valley Business Park is primarily an industrial park, but their building is an office building and they cannot put an industrial use in there. The Architectural Review Board has concerns over UPS and FedEx, and the drivers have agreed to try and schedule their deliveries when the children are in class and not when deliveries occur. He would love to be able to work with the architectural review board, hear their concerns, and hopefully make them feel comfortable. Mayor Hosterman closed the public hearing. She said she knows many property owners and businesses that thrive next to each other with what would seemingly be incompatible uses, and it works out very well. She spent yesterday in a very similar office building right on Quarry Lane with about 50 volunteers coming and going, including children of all ages, for Kids Against Hunger packaging about 100,000 meals being shipped tomorrow. They were there all day and into the evening on a busy work day, and they had no problems. She thinks the business is a good fit and made a motion to deny the appeal. Vice Mayor Cook-Kallio seconded the motion, and referred to the cell tower, stating there are already children's facilities in the park. The only reason she can find is that the association would no longer be approving child oriented uses, which she finds arbitrary. Councilmember Sullivan said he would not support the motion, noting they had a similar issue in the past. The City has very few viable light industrial areas in the City left, and this will make it more difficult for those types of businesses. He said each time he hears such a request or appeal, he is not in favor of losing light industrial business opportunities, and this is what will happen with approving child oriented businesses in such parks. Councilmember McGovern said she sees both sides of the issue, wants to have more light industrial business in the community, but so many of these types of businesses have been approved in the past. If the Board is looking at stopping or changing this, they will need to change their CC&R's, and she suggested all owners make a decision together by majority vote. MOTION: It was m/s by Hosterman/Cook-Kallio to adopt Resolution No. 11-475 approving staff recommendation to deny the appeal of Valley Business Park Owners Association of the Planning Commission's approval of a Conditional Use Permit (PCUP-296, Summer Bowers) to operate a State-exempt child care learning center during the summer only at 1020 Serpentine Lane, Suite 109. Motion carried by the following vote: Ayes: Councilmembers Cook-Kallio, McGovern, Thorne, Mayor Hosterman Noes: Councilmember Sullivan Absent: None Abstain: None City Council Minutes Page 17 of 18 August 18,2011