PC 021109 - Laserfiche WebLink

He stated that at some point, the ordinance should be clarified with respect to what exactly is its intent because he thinks a child could be in the center more than 16 hours a week that State Licensing would require; although if people were on-site, it would bean exemption. He added that the fact remains, however, that the children are there for more than 16 hours a week. Commissioner Fox said she would not support the motion because she felt that as Commissioners, they need to look at the ordinance, and if there is a problem, matters should be deferred and then have the City Council direct staff to revise and clarify the ordinance. She indicated that she did not feel comfortable putting in a wireless antenna within 300 feet of a childcare center when the ordinance was adopted unanimously by the Council in 1998 to adopt the 300-foot buffer. Commissioner Narum agreed with Commissioner Blank's statements. She noted that a better example would be the Burger King or McDonald's play areas and did not want to call those daycare centers. She stated that said she was also struggling, should the Commission vote to uphold the appeal, whether or not this meant the Commission would revoke the ability for the other two carriers. She agreed that Commissioner Fox has brought up interesting questions on the ordinance that beg review, but she did not see how the City can deny putting a tower on the building when there are already some on there and there have been no complaints. Commissioner Blank agreed that the ordinance needs clarification, but added that he did not believe going to a place to work out three times a week and dropping the kids off a couple of hours each time was the intent of the crafters of the ordinance to make this a "childcare facility." Commissioner O'Connor asked the Commission to keep in mind that public parks are also places the City wants to keep wireless facilities 300 feet from, but this does not mean any one specific child is going to necessarily be in that park for more than 16 hours a week. Commissioner Blank stated that the public park relationship is due to maintenance, property values, and impact on the environment and those things are not in play when one is inside a facility like Club Sport. With reference to whether or not the other two facilities would be revoked, Commissioner O'Connor stated that he would assume they would not, but the permit of one would be up in 2009 and the other in 2010, at which times the City would have the ability to not approve an extension. Commissioner Blank reiterated that there have been no complaints regarding these wireless facilities. Commissioner Fox felt this was different than a McDonald's play land in that this is a facility where people can take their 6-week to 12-year-old, check them in, and have people take care of the children, and also a facility where you can have children anywhere from 9:00 a.m. to 4:00 p.m. for extended periods of time, including the PLANNING COMMISSION MINUTES, February 11, 2009 Page 9 of 13