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Commissioner Nibert confirmed the substantive exception was not being changed and a property with a six-month vacancy could obtain approval to lease to a non-active use. He agreed with Commissioner Allen that a 100 percent requirement might be necessary. Chair Brown asked if the provisions or recommendations made to City Council, assuming those recommendations are approved, would be retroactively applied to Ms. Jasso's business. Ms. Clark stated currently the business does not have a zoning certificate nor business license, therefore, they are not authorized to operate; staff denied the application so the owner would need to re-apply for such use and if the application is received before the requirements are modified, staff would review the application keeping in mind comments heard during the Iron Horse Real Estate appeal at the February 10, 2021 Planning Commission meeting. Chair Brown inquired if there were any other pending applications for multi-use. Ms. Clark confirmed Ms. Jasso's was the only one. Chair Brown recommended the six-month term begin at completion or termination of lease, not abandonment or discontinuation of use. He agreed that it would be easier to simplify and require 100 percent. Ms. Clark referenced City Council's recommendation for the Commission to increase the percentage, but not necessarily to 100 percent. She confirmed the Commission could make that recommendation and City Council could accept or modify. Ms. Harryman stated it was the Commission's job to make recommendations based upon its determinations. Commissioner Nibert asked what flexibility would be allowed under the six-month vacancy if the percentage went from 60- to 100-percent. Ms. Clark explained that any use could be located on the property if the tenant space was vacant for more than six months. Commissioner Gaidos mentioned that the DSP update was completed prior to the pandemic and suggested consideration of a backup plan. Ms. Harryman summarized the suggestion as requiring 100 percent active use with an option for both active and non-active uses in a single tenant space following a six-month vacancy. Chair Brown suggested requiring 25 percent active use after a six-month vacancy. Commissioner Pace stated he thought it was fair for the City to consider active retail for a specific period. He suggested broadening the definition of active uses, such that it would include personal services. Commissioner Pace suggested allowing a barber shop before a real estate office. He suggested 100 percent for six months, then allowing active use or a personal service use: Commissioner Morgan mentioned allowing other types of businesses that draw walk-in customers and ensuring businesses would be active and legitimate. He stated there were not many multiple uses in a single tenant space downtown so it might not be a popular business model. Chair Brown stated the active and non-active uses in a single tenant space was coming about due to ground floor restrictions and exercising the right for multiple uses in a tenant space. He suggested consideration of whether the multiple use concept was being forced due to the percentage requirement. Commissioner Gaidos suggested additional consideration of an alternative option. Excerpt: Approved Planning Commission Minutes, July 28, 2021 Page 5 of 6