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Chairperson Fox noted that there were many times when the Commission was told that the Code only applied to Downtown. She noted that while she was comfortable with many changes for Downtown, she was concerned that the Commission had not heard from James Paxson regarding how some of the office uses in the Hacienda Business Park may be impacted. She noted that some businesses near tutoring businesses may have toxic materials nearby, such as dentist offices. She inquired whether there may be certain automatic approval in the Downtown district and whether other items for Hacienda Business Park may be tabled until James Paxson has weighed in. Ms. Harryman noted that much of the City is covered by a PUD and that this ordinance did not apply to PUDs; that was the reason James Paxson did not speak. She noted that this applied to straight-zoned properties. The only way it would apply to a PUD was if the PUD and the PUD plan referred back to the zoning. Commissioner Blank moved to recommend approval of PRZ-37 to the City Council, with the following modifications that: 1. this item be publicly noticed at least two weeks prior to the City Council meeting at which it will be presented; 2. the number of students that the ordinance applied to be reduced from 25 to 20 students or less; 3. Section G of the Application for Zoning Approval form be modified to say, “All applicable Federal, State, and local regulations;” and 4. this Code be amended to say “The standard City noise regulations would apply.” Commissioner Olson seconded the motion. Chairperson Fox inquired whether Commissioner Blank would be willing to reduce the number of students to 15. Commissioner Blank replied that he was not willing to do so, and noted that in looking at the chart and the standard deviation, he believed that 20 was a reasonable dividing line. He added that there were no traffic mitigation issues, and he did not believe it would have a significant impact. He wished to keep the process as streamlined as reasonably possible. Commissioner O’Connor inquired whether any Commissioners had safety concerns with respect to this ordinance. Commissioner Blank noted that he relied on staff’s judgment based on the presentation. He believed that if someone wanted to put a tutoring facility at the very busy corner of Hopyard Road and Owens Drive, staff would make the proper determination whether the site was a safe industry. Ms. Decker confirmed that would be the case. Commissioner Olson noted that the Commission must rely on the judgment of the parents as well. Commissioner Blank agreed with Commissioner Olson’s assessment and believed that parents would approach staff with any unsafe situations. PLANNING COMMISSION MINUTES March 14, 2007 Page 17 of 21