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DRAFT is located is greater than five years...." She stated that, again, she and staff are in agreement that five spaces is the maximum, and the Commission has some discretion on those. She added that staff walked through that in the staff report. Commissioner O'Connor pointed out that Subsection D and the subsequent section do not say that in the Downtown, no in-lieu fees would be charged for those three spaces as long as the building is older than five years. Chair Allen stated that this point of interpretation is where she had some concern, and people are reading it in different ways. She noted that it is vague, and this would say that if the zoning were followed, no one would ever be charged between five and seven. She added that if the coffee shop has a demand for four spaces and currently has two, the traditional Code does not allow to add two more. Mr. Beaudin stated that there are a lot of different pieces of the Code that go in different directions, and the Code is silent on some of the issues being addressed here today. He indicated that it is a unique circumstance to take a property that is zoned one way, peel off a piece and maintain that zoning, and then turn the entire site into a PUD. He explained how he reached the maximum of five: there are three spaces coming off the street; there are two on-site and the fact that there is language in the Zoning Code that a change of use shall not constitute a major alteration or enlargement, but this goes beyond a change of use because the property is being rezoned to a PUD. He added that he does not go all the way with the PUD to seven spaces because there is this language in here that does create a gray area. Commissioner O'Connor stated that he hears this all the time about it being a PUD so the rules can be re-written; but if there is a need for extra parking or charging extra fees, it is in a rezoning so it is fine to ask for what is really needed. He indicated that the way he looks at this is that if a nice, big, two-story office building were built there instead of those three houses, the developer would have to supply a certain number of parking spaces; for example, if it were an insurance building, all of the agents would use a lot of their own parking. He noted that what is being done here is building three houses and supplying 12 parking spaces that would be used by the people in those three houses. He questioned if the developer is being penalized for filling that vacant lot, and he agrees in his own mind that if two parking spaces were being removed from the existing commercial building, then those two spaces should be paid back; and if the City is increasing that to three because of on-street parking, he believes one more on-street parking space can be put back in. He emphasized that he is very concerned about parking and fights for parking all the time, but he wants to do the right thing for somebody who is improving not only the lot that is vacant today, but also give them credit for creating a plaza as the City has done for other people who have also created plazas. He added that the proposed project will extend vitality beyond Main Street, and the City has been looking for this for a long time, trying to get something going on the side streets where all that has been happening is usually office or some users who do not make it. He pointed out that creating a plaza will bring people down there and maybe help fill up the rest of the blocking between Main Street and Peters Avenue, which would be great, and so he does not want to penalize the developers for what they are offering. He stated that he does not know if the number should be two or three, but DRAFT EXCERPT: PLANNING COMMISSION MINUTES, 11/182015 Page 14 of 22