4.1 PCSR 11-23-2010 - Laserfiche WebLink

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Spectrum High School CU 10-22 Page 2 After the meeting, staff spoke briefly with Mr. Goetsch. The following is staff's understanding of the concerns based on this conversation: Gradient Technology does research and development which includes some volatile chemicals, requiring special permits from the Bureau of Alcohol, Tobacco, and Firearms. (Research and Development is a permitted use in the Business Park Zoning District.) Staff understands that these permits may need to be reviewed periodically every couple of years, at which time the BATF completes an inspection. The property owner believes that the inspector will look unfavorably at his business practices due to the proximity of the school, presumably because of previous conversations regarding the dance studio next door to Gradient. (CU 07-23) It is important to note that the City does not receive any information regarding these BATF permits and the City has no authority to regulate or enforce them. During a recent expansion of the Gradient building, it was verified that amount of chemicals was within the allowable capacities of the building code, not requiring additional safety measures. The building code is a state regulation, while the BATF is a federal agency. Staff requested Gradient submit further information regarding the permit, the permitting process, or other specific concerns in writing, for further review and distribution. To date, staff has not received any correspondence; however, staff does expect some information prior to the Council review on December 6, 2010. While no further information has been obtained since the tabling action, staff recommends the Planning Commission make a recommendation fox Council review. The Planning Commission may: Recommend denial, based on the concern that the school would "endanger, injure, or detrimentally affect the use and enjoyment of other property in the immediate vicinity." 2. Recommend approval, recognizing the concern of Gradient Technology, but noting that no verifiable information has been received to prove loss of use and enjoyment. 3. recommend approval unless Gradient Technology, or another adjacent property owner can prove, prior to the City Council action, that the school in its proposed location would result in the loss of use and enjoyment as stipulated in the standards for Conditional Use Permit. The original staff report may be found in the attached Staff memo to Planning Commission, dated November 9, 2010. ATTACHMENTS ^ Staff report to Planning Commission, dated November 9, 2010 N:\Departments\Community Development\Planning\Case Files\CUP\CU 10-22 Spectrum\CU 10-22 Spectmm SR to PC 11-23-10.docx