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5.0 STAFF COMMENT: 5.1 The City Planner has identified an additional problem with those restaurants located primarily in the B-1-B District along Perimeter Road and East Snelling Avenue Service Drive. Specifically, these restaurants are not permitted due to their size being smaller than 5,000 square feet. Over the past three years a number of these properties have requested zoning compliance letters for banks, financial institutions, or insurance companies. Because of poor language, lack of uniformity and clarity in the Code, Staff was required to state that these restaurants were non-conforming uses. 5.2 Confusing and/or out-of-date restaurant definitions and conflicting and/or absent language in Section 1005 of the Roseville City Code, have lead the City Planner to review and analyze definitions and permitted/conditional uses from nine metropolitan communities. 5.3 Most municipalities categorize their restaurants by "class", creating cleaner permitted use and conditional use identification. The City of Farmington and Plymouth were selected as having the most current and adaptable definitions for Roseville. 6.0 PLANNING COMMISSION ACTION: 6.1 On February 5, 2003, the Roseville Planning Commission held the public hearing regarding the text amendment request of the Community Development Department. 6.2 During the discussion on the proposed text changes it was concluded by the Commission that language stating "including live entertainment and patron dancing, except that such entertainment shall not include dancers or models" should be added to two sections of text amendment to be consistent with existing Code language. 6.3 The Commission requested Staff to add the recommended language and review it with the City Attorney prior to City Council action. 6.4 The Commission voted to recommend (7-0) approval of the request, subject to the proposed amendment being reviewed by the City Attorney and corrections being completed prior to City Council approval. 6.5 The Saint Paul Area Chamber of Commerce (Ellen Watters) reviewed the proposed ordinance amendment and had no further recommendation (see attached letter). 7.0 SUGGESTED CITY COUNCIL ACTION: 7.1 Hold Second Reading of an ordinance adopting an amendment to Section 1002 and 1005 of the Roseville City Code pertaining to restaurants. PF3453 - Text Amendment