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