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Commissioner Narum agreed but thought that it should be identified and be listed, <br />for instance, as PRZ-25 (a). <br />Ms. Decker confirmed Commissioner Narum's statement that this particular Code <br />amendment was initially part of PRZ-25 and was removed from the overall ordinance <br />amendment for PRZ-25 in order to help streamline those projects. She noted that <br />this began as a grass roots discussion from both staff and the Commission and <br />placed under the Consent Calendar. She added that an opportunity to amend it will <br />occur when PRZ-25 comes before the Commission. <br />Commissioner Fox suggested that the discussion on PRZ-25 also include revisiting <br />PRZ-37, Schools, Tutoring, and Recreational Facilities. Mr. Dolan stated that this <br />would need to be done separately; either as a separate discussion or when PRZ-25 <br />comes forward on the priority list. <br />Commissioner Fox indicated that she would rate PRZ-37 as a higher priority than <br />re-doing the entire PRZ-25 and wanted it to be separated out. Commissioner Blank <br />requested to see the language that was adopted, and Commissioner Fox indicated <br />that a Code amendment was done across multiple zoning districts. She noted that it <br />began with 30-40 children and was then reduced to 20, such that when someone <br />operates a recreation facility, indoor recreational facility, or private school with <br />20 children or less in the CC (Central Commercial), CN (Neighborhood Commercial), <br />and some I (Industrial) Districts, the application no longer needs to come before the <br />Planning Commission for a conditional use permit. She stated that in this sense, <br />anyone "with a pulse" could obtain approval. <br />Commissioner Narum referred to the Pfund application, stating that staff granted the <br />application over the counter based upon this revision, and it turned out thatValley <br />Business Park had not accepted it and still required a conditional use permit. She <br />noted thatthis was not found out until after Mr. Pfund was already in business. <br />Commissioner Blank stated that he seriously doubts that the guidance the Planning <br />staff had was that if someone comes in "with a pulse" and makes an application to <br />have a facility with 19 students, they automatically get the permitted use. <br />Commissioner Fox stated that they currently do and that they also get a zoning <br />clearance. Ms. Decker clarified that this would occur instraight-zoned properties <br />and that if the site is located within a Planned Unit Development (PUD) District, a <br />conditional use permit is still required. She added that this was the reason <br />Mr. Pfund's application came before the Commission. <br />Commissioner Blank stated that his point was that this approval was not due to the <br />fact that the City had PRZ-37, but rather that an error was made at the counter and a <br />CUP should have been required initially instead. Commissioner Narum agreed, but <br />noted that when it comes to children in general, she thinks that a 24-hour waiting <br />period should be required to ensure there are no outstanding nuances affecting <br />PLANNING COMMISSION MINUTES, January 28, 2009 Page 4 of 10 <br />