Planning Commission Meeting
Wednesday, September 7, 2022
What Happened
Planning Commission met September 7, 2022, for three hours and voted on three main items including zoning code updates for cannabis, alcohol, live entertainment, and adult businesses.
Key Decisions
APPROVED — Title 18 Cannabis Package Alcohol Live Entertainment Adult Business Text Amendment — Unanimous — City planning code updated to clarify regulations for cannabis, packaged alcohol, live entertainment, and adult businesses with outdoor activity provisions.
CONTINUED — LDC 23-001 Panther Valley Flex Park Master Plan and Zoning Map Amendments — Unanimous — Case postponed to allow public re-notice after applicant requested delay within 24 hours of hearing. Targeted for October 2022 meeting.
CONTINUED — APA Planning Presentation Training Session — Unanimous — Rescheduled to future date so newest planning commission member can attend.
Debated But Not Resolved
Cannabis spacing requirements — Staff recommended removing the 1,500-foot spacing requirement between cannabis retailers, production facilities, and testing facilities to align with old code. The 1,500-foot buffer from gaming facilities (Peppermill, Atlantis) stays per state law. No vote taken.
Indoor live entertainment hours — Commissioner Dracus said the 11 p.m. cutoff would hurt small bars with live music in midtown. Conditional use permits cost $4,000-$5,000 and take 2.5 months to process. Staff agreed to explore allowing live entertainment hours to match existing extended operation allowances by zoning district (downtown and Virginia Street midtown areas).
Outdoor live entertainment distance from homes — Commission debated whether the 150-foot setback requirement should apply to residentially-zoned areas or residentially-zoned uses. Commissioner Villanueva argued it unfairly burdens downtown and mixed-use businesses. Staff will present Villanueva's concerns to city council for possible future modification.
Live entertainment scope — Staff acknowledged initial restrictions lumped DJ trivia, karaoke, and solo guitar into same category as full bands. Staff proposing scaled-back standards rather than zero restrictions. Revised standards coming back for approval.
Packaged alcohol code gaps — Staff proposed multiple changes to address differences between Title 5 (business licenses) and Title 18 (zoning) adopted January 2022, including clarifying accessory uses for breweries and changing some conditional use permits to minor conditional use permits. No vote taken.
High-density residential inconsistency — Public commenter argued land use code treats high-density residential uses inconsistently across zoning districts and conflicts with master plan goals. Requested conditional use permits for entertainment near residences. No commission response or action taken.
What to Watch
None over $50,000.
Indoor live entertainment hours alignment — Staff developing language to let bars in extended-operation zones (downtown, midtown Virginia Street corridor) have live entertainment matching their permitted hours instead of 11 p.m. cutoff.
Outdoor live entertainment setback adjustment — Commission to receive staff report with Commissioner Villanueva's concerns about 150-foot residential distance requirement and potential modifications for city council consideration.
Panther Valley development — Rescheduled hearing targets October 2022 with full public re-notice.
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