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2022-09-21 Mike and Malissa Bernard Charlene Way From:Mike and Malissa Bernard <MMBERNARD1@msn.com> Sent:Wednesday, September 21, 2022 9:03 AM To:Robert Simison; Liz Strader; Joe Borton; Treg Bernt; Luke Cavener; Jessica Perreault; Brad Hoaglun Cc:Clerks Comment; Mike Bernard; pdmdiving@gmail.com; Ken Clifford Subject:UDC Text Amendment 2022 ZOA-2022-0001 Pathways, drought tolerance landscapes and missed opportunities to update drinking establishments, ancillary uses of "restaurants" External Sender - Please use caution with links or attachments. Dear Mr. Mayor and City Councilmembers, Thank you for your time and dedication to our city, for it is greatly appreciated by many. I read through the UDC Text Amendment 2022 ZOA-2022-0001 and I do applaud the efforts to include Multiuse pathways and drought tolerant landscapes to be incorporated into code. Not one public comment to date, so I will add at least one. One concern is the maintenance of the pathways adjacent to the roadway as in we all know just how weedy and unkempt the road dividers can be, as in Eagle Rd., Fairview or the roundabouts; deferred and sporadic maintenance of these safety buffers is abundantly apparent and I hope there is an increase in weed removal, trash, etc. as this reflects on the City though this is another agency’s responsibility. There was a piece of carpet by Scentsy in the median that stayed there for months, for example, and I would anticipate the curbs and pathways could be similarly maintained. I would also point out that a buffer containing trees, or some other separation does give a higher percentage of protection from a curb jumper or slick road situation to a pedestrian or cyclist, and I hope these multi-use pathways will be attractive and just not a swath of concrete as an extension of the roadside. I also feel there is a missed opportunity to clarify the use of the vague generic restaurant umbrella protection and ancillary uses of entertainment or drinking establishment therein, as this use can bypass some conditions to be applied by law and code at a City level. Anything with a stage or late hours or indoor entertainment element needs some sort of code for the protection and quality of life of nearby residents and this is a flagrant loophole in City code that has and will continue to be exploited. You all now have an example of that loophole that will have impacts upon a new and coming CUP for residents of an apartment complex and existing homes nearby with late hours and a business model that does not have any conditions of operation attached to it, as you or Planning and Zoning will never see it due to it being deemed administrative in nature and oversight. It was not to the original DA either and the end user was not revealed in your proceedings for subdivision. There is and was an opportunity to do something about the parking of such establishments (drinking, nightclub, ancillary uses, stage) and with 1 parking spot for every 250 of space is not enough. An example would be two people via car, and that gives us the area allotted for 250 square feet of area. My living room is 16x18 (288 sf) and I can get a lot of people in that space especially with standing room. Add a special event or draw and the whole area is overwhelmed, and varying uses may exhaust all parking and suggested capacities and trickle into the residential areas with no oversight or conditions attached. Additionally, the whole nightclub code analysis and implementation of new text via this recent draft was missed this go around and I ask you to kick this draft back to incorporate some code re. such based on your discussions and direction for this amendment as you are not amending code frequently. 1 Thank you for everything that you do for our city and the citizens. Sincerely, Malissa Bernard 2