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purposes of the PUD district, almost every item refers to flexibility of use, and this is the way this business park has been set up. Councilmember McGovern confirmed that the zoning of the property is PUD -1; allowed conditions of approval and uses are contained in Attachment 8 of the staff report. Mr. Dolan said the City Council can also consider four options; 1) to deny the appeal and support the Planning Commission's approval; 2) modify the Planning Commission's approval with the limitation on the number of instructors until 4:30 p.m. which staff recommends; 3) to uphold the appeal and return the operation of the studio back to its original 2006 operation with only one instructor for one -on -one instruction; and 4) if the Council did believe concerns about the mixing of uses was appropriate, the appeal could be upheld and the item could be brought back to the Planning Commission for reconsideration of the original use permit. Councilmember Sullivan referred to allowed uses in Attachment 8 and Attachment 5, and Councilmember McGovern noted one use is for the permitted uses for IP and the other is PUD -1 and they are definitely different. Mr. Fialho said Attachment 5 is the zoning and Attachment 8 is the PUD conditions of approval that are layered on top of the zoning. Councilmember McGovern noted that the zoning does not include trade schools, and staff indicated to her that a music school was very different from a trade school and she believed this was an additional item to consider and review. Mayor Hosterman opened the public hearing. Chris Studzinski, Appellant, distributed handouts to the City Council, said he knows the inclination of the Council will be to go along with the Planning Commission's decision, but his hope is for open mindedness. He said while the vote taken was for approval, the Planning Commission still had concerns and reservations. He discussed revenues generated for the City, he pointed out that the business is already there, but it is there on a conditional permit. He said the permit is granted to a trade school which he believes is disingenuous, as the definition is one of a secondary school teaching skilled trades offering vocational and technical training that lead to job specified certification. However, the classes are mostly comprised of small children and trade schools are for adults. Also, the classification is an end -run on the E occupancy type code, which requires more safety and building improvements than exist in the building. For some of the neighbors in the park, the situation is not working out, stating they have complained repeatedly to her without formal complaints to the City. Chief complaints include adequate parking and child safety. He said Ms. Radayeva indicated to him that she would need 3 parking spaces; one for the instructor, one for the student and one more for the transitioning student. She now wants 5 instructors, which equals parking of 15 cars. The planning staff states, "street parking is appropriate given its close location to the studio." They believe both sides of the street will be used, but this is dangerous and only serves to exacerbate safety issues. He said kids have energy, curiosity and get bored waiting to be picked up. They have and will continue to play in parking lots and in the street where large delivery trucks are, dart out in front of cars, find and play with unsafe items, climb on things, and he questioned why the City would take a chance on allowing a child -based business in an industrial park. He rejects the compromise offered by the Planning Commission and asked the Council to reject the CUP because to make one child an hour unsafe versus five children an hour unsafe is unreasonable and the best predictor of future behavior is past behavior, and the operator cannot control where people park. She has violated her CUP to allow one -on -one use and he expects she would violate any future conditions. He felt a better option is to find a retail space where children are safer and he submitted a petition from industrial users opposing child -based activities. He then played a short video on safety of children in industrial parks, which shows a City Council Minutes Page 10 of 20 April 21, 2009