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• Entertainment: There’s a lot of emotion around this issue, but not a lot of facts yet. He <br />suggested taking the Entertainment piece out of the proposals for the time being to give it <br />more thought. <br />Commissioner Rennie said he’d like to see the definition of dwelling unit expanded, but <br />suggested removing the reference to “interconnected interior space” because some residences <br />may not meet that criterion. Noting that he saw Beer and Wine Stores limited to 10:00 p.m. in one <br />district, he said that should be the limit in all districts. He also expressed a concern about <br />proposed changes in the CC Community Commercial District because they don’t seem <br />appropriate in the area along MacArthur Boulevard between Estudillo Avenue and Dutton <br />Avenue. He said that section should perhaps be re-zoned because it’s more like a Neighborhood <br />Retail District with successful operations including coffee shops, bagel shops, ballet and martial <br />arts studios and a restaurant, which are all neighborhood-serving retail uses. He said other <br />permitted CC District uses such as auto parts retail and recycling don’t fit in that character and <br />the direction MacArthur Boulevard has taken since the streetscape improvement. <br />Commissioner Rennie agreed that posted paper notices should stay, in part because they provide <br />some relief to the “cacophony of digital noise.” Noting that Mobile Food Vendors can be <br />detractors as well as catalysts, he also agreed with Commissioner Fitzsimons that we have to be <br />careful about where we allow them. <br />In regard to Entertainment Activities, Commissioner Rennie said he’s spent most of his 18 years <br />as a public lawyer dealing with rogue establishments and has not found zoning to be the best way <br />to deal with problems that arise from “secondary effects” such as patron conduct or a poorly <br />operated business. With land use, rights become vested, he said, and they run with the land and <br />can be difficult to reverse. He noted that police focus on crime; they aren’t interested in or trained <br />to write administrative reports. On the other hand, planners don’t have the same information <br />police get when they respond to calls. <br />Commissioner Rennie suggested that the metrics that warrant attention when thinking about how <br />to regulate on an operational basis might involve serving alcohol, dancing, amplified sound and <br />the nature of the live entertainment provided. Land use has a role in terms of location, size of the <br />business, concentration and number of patrons assembled, he said, but you can’t deal with a 500- <br />person nightclub the same way you deal with a 49-person bar. He said we need to see a better <br />plan, yet be open to how it addresses problems of secondary impacts without overtaxing police <br />resources and without over-regulating to the point that businesses can’t flourish if they operate <br />responsibly. <br />In terms of Administrative Review, Commissioner Rennie said the noticing for an Administrative <br />Review may not need to be as robust as it is for a public hearing, but it may be worth considering <br />written hearings. <br />Exhibit E: Excerpt of Meeting Minutes for Planning Commission/BZA Joint Work Session, January 30 <br /> Page 9 of 9 <br />