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On August 5, 2021, the applicant submitted a new request to allow her proposed business, outlining characteristics of the personal service business operation that included a retail operation in addition to the personal service use. She also described the circumstances under which she had leased and occupied the space. Upon review of the application, information, photographs, and floor plan provided, the Director concluded the use did not meet the minimum of the first 25-percent of the total depth of the tenant space as required in the PMC and DSP, nor the bases to grant an exception regarding length of vacancy had been met. The request was denied by the Director of Community Development on September 2, 2021. The applicant filed an appeal on September 17, 2021. City Council Action Modifying Active Ground Floor Use Requirements In December 2020 the City received an application for a proposed multiple use, comprising a real estate office with a retail component at 550 Main Street. Following the Zoning Administrator's denial of the application, the Planning Commission considered and upheld an appeal of the ZA decision, thereby approving the project, but requested the City Council discuss whether any provisions of the Active Ground Floor Use Overlay (AGFUO) should be modified. The City Council directed the item be agendized, and held an initial discussion on June 1, 2021, providing direction that the policy be modified to require a larger proportion of the space in a multi-use situation be dedicated to the active use, and to make other clarifying revisions to the Ordinance and DSP Policy. On July 28, 2021, the Planning Commission considered a proposed draft Ordinance prepared by staff, and recommended the City Council adopt an ordinance that would no longer allow for these types of multiple uses to be considered (i.e. any use subject to the overlay be 100% active); along with a number of other modifications to impose additional requirements as to documentation of extended vacancy, and miscellaneous other clarifying changes. On September 21, 2021 , the City Council introduced the PMC Ordinance and adopted a Resolution making related policy amendments to the DSP. The second reading of the Ordinance was scheduled for adoption on October 5, but at the request of a Councilmember was continued to a future date. Once the second reading is held, and assuming no further changes are made by the City Council, the revised PMC Ordinance and amended DSP policies would go into effect 30 days thereafter. Although staff anticipates the Council will hold a second reading and adopt amendments to the DSP and PMC at a future date, this item must be reviewed by under the current DSP and PMC requirements until the revised Ordinance and DSP policies are in effect. SITE AND AREA DESCRIPTION The subject site is an approximately 0.25-acre parcel located on the east side of Main Street, on the corner of Division and Main Streets. The site contains two buildings, one fronting on Main Street and one in the middle of the subject site with access from Division Street. The front building is a multi-tenant, one- and two-story structure with the two-story portion adjacent to Main Street, stepping down to one-story behind. The other building on the subject site is a one-story, single-tenant building. A private parking lot is located at the rear of the property and has seven parking spaces. The appellant's tenant space is located on the ground floor of the front building and the tenant space is approximately 1,065 square feet. Figures 1 and 2 below show an aerial photograph of the subject site and a street view of the Main Street frontage. The subject site is bordered on the north, east and west sides (across Main Street) by commercial and office uses and on the south by a parking lot. P21-0820, 560 Main Street Planning Commission 3 of 9