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Chair Brown stated the reason the matter came back to the Commission was because the intent of the DSP update was to encourage foot traffic along Main Street and the concern of a real estate office, bank or personal service with some floor space dedicated to incorporating retail. He stated he could understand the Commissioners' desire to not stifle the creativity of the business community nor divide the business community over the percentage. He mentioned Commissioner Gaidos' point related to certain businesses and their operating hours preventing browsing. He suggested tightening of the language regarding vacancy such that it is tied to the completion of the lease (i.e., it is acceptable to consider the space vacant if the rent is no longer being paid and the lease is over). Commissioner Allen commented on business hours, mentioning Iron Horse Real Estate, stating the hours of operation were not good enough, however, she had a hard time determining business hours because of the inconsistencies that could arise for the various businesses that would exist. She stated the goal was active use. Commissioner Gaidos stated the purpose of proposed hours of operation was to ensure the ability for purchase of retail items. He agreed that 100 percent retail would alleviate inconsistencies and be a simpler approach. Commissioner Pace inquired about Commissioner Gaidos and Commissioner Allen's comments about 100 percent retail and inquired if personal services were considered retail. Commissioner Allen stated active use excluded personal services. Commissioner Gaidos concurred, stating the proposal for multiple uses in a tenant space came about because of Iron Horse Real Estate. Commissioner Allen explained the six-month period for filling the space with active use business. Commissioner Pace questioned various businesses that would fall under active use. Ms. Clark explained the differently defined land use categories including office use versus personal services. She stated there was language authorizing the Director to allow for innovative uses. Commissioner Pace inquired whether the City could limit the percentage of certain types of businesses. Ms. Clark confirmed that some cities limited various types of businesses, but it was a complicated administrative process, for example requiring decisions about how many or whether a distance between would be required. Chair Brown mentioned allowing banks in downtown and difficulties with active and non-active uses in a single tenant space. Commissioner Nibert mentioned the Commission was discussing the matter due to the need for exceptions to active ground floor use requirement. He discussed the six-month exception process due to hardships or duress. Chair Brown explained the six-month exception process was intended to not create an undue burden to property owners while still encouraging active use. Ms. Clark confirmed the effort to balance hardship and active use. She reiterated the provision in the DSP that does not allow "grandfathering" of a non-active business allowed to occupy a space after a vacancy, instead requiring a new exception request if that space is subsequently vacated by the non-active business. Excerpt: Approved Planning Commission Minutes, July 28, 2021 Page 4 of 6