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APPEAL On March 12, 2009, Mr. Chris Studzinski appealed the Planning Commission action to the City Council. His written narrative is provided as Attachment 3 and describes the following concerns: "Not safe for children, industrial/construction area." "Dilution of industrial business park, to allow non-industrial uses, especially child- related activities." "Parking problems." "Inhibits (his) ability to lease out (his) front spaces, potential industrial tenants, afraid to locate across from piano lesson studio." DISCUSSION Staff presented the proposal to the Planning Commission with conditions of approval that addressed the music studio's hours-of-operation, parking, conduct of patrons, and child safety. One member of the Commission expressed concern related to the proposal and to a broader concern of child-related uses, e.g., tutoring, gymnastics, etc., in the City's industrially-zoned districts. Chris Studzinski, owner/operator of Progressive Concepts Machining at 1236 Quarry Lane, Suite 104, addressed the Planning Commission and stated that child-related uses should not be allowed in industrial districts -their presence will result in conflicts to industrial businesses forcing the business to move, and the presence of these uses will eventually dilute the availability of industrial land in the City. Mr. Studzinski believes the music studio has resulted in problems related to loitering in the parking area, parking in front of his building on his property, and child safety. He doubted that the conditions of approval addressing these concerns could be enforced. Mr. Studzinski believes the music studio should cease operation and move to a commercial-zoned area such as the Vintage Hills Shopping Center. The Commission discussed the following issues related to the proposal and to Mr. Studzinski's testimony: • Child-related uses in industrially-zoned districts: The Commission discussed the appropriateness of approving achild-related use within an industrial zoned district that may conflict with industrial traffic and businesses. One Commissioner expressed concern regarding the compatibility of these uses in industrial parks. The Planning Commission concurred that child-related uses can be appropriate uses in industrial parks on a case-by-case basis, and agreed with staff's conclusion that the expanded music studio with conditions would be compatible with fhe surrounding uses and businesses. No additional condition was required by the Planning Commission. Page 4 of 8