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Special Planning CommissionMeeting <br />Minutes –Wednesday, September 17, 2015 <br />Page 10 <br />Vertical Mixed Use <br />438 <br />Mr. Lloyd clarified that this category provided customer focused uses on the ground floor and <br />439 <br />residential or office uses above.While not currently in the land use table, but could be considered <br />440 <br />in the future in NB designations, Mr. Lloyd noted that a visual example would allow for a two story <br />441 <br />building with residences above.Currently, Mr. Lloyd advised that this use was under the dwelling <br />442 <br />use for multi-family upper stories in mixed use buildings, which are allowed in Regional Business <br />443 <br />(RB) but not west of Rosedale Center, with similar uses allowed in RB districts. <br />444 <br />If defined by offices or residences above the first floor, Chair Boguszewski asked if, as an <br />445 <br />example, that would permit day care centers on the ground floor with apartments or condos <br />446 <br />above; and whether the intent was to protect the CMU-1 from HDR use with apartments or <br />447 <br />condo’s not falling into the single-family category. <br />448 <br />Mr. Bilotta noted that the 35’ height limitation would come into play; and could allow for a first floor <br />449 <br />day care and one floor of apartments above, or artists’ lofts, which should not problematic. <br />450 <br />Member Bull expressed his interest in seeing that as a CU in CMU-1 and CMU-2 <br />451 <br />designations, which was agreed to by consensus of the body. <br />452 <br />Industrial Uses <br />453 <br />Limited Production/Processing <br />454 <br />With the considerable amount of residential neighborhood feedback the Commission had <br />455 <br />received related to the Vogel Mechanical use, Member Cunningham expressed her struggles with <br />456 <br />this category, whether from that specific issue or with the general use itself. <br />457 <br />Mr. Bilotta noted that, since the Vogel Mechanical limited production use remained yet to be <br />458 <br />initiated, it was impossible tosay it is or is not working, since it’s not yet there.Mr. Bilotta clarified <br />459 <br />that what was happening was a lot of issues getting to the conditions and that process, with the <br />460 <br />limited production/processing serving as a lightning rod right now.Using anotherexample in that <br />461 <br />immediate neighborhood (e.g. Head Cycling), Mr. Bilotta noted that their production of carbon <br />462 <br />fiber rims wasn’t even known to the neighborhood, with them opening up in February and starting <br />463 <br />manufacturing shortly thereafter, without incident.Mr. Bilotta further clarified that the test is in <br />464 <br />whether that particular use in a multi-tenant building, with an office next door, had any impact to <br />465 <br />those other operations or interfered with neighboring tenants in that same multi-tenant building <br />466 <br />with adividing wall; with the sign being that there should be no impact and should also be <br />467 <br />invisible to the outside world as anything other than an office use.Mr. Bilotta cautioned the <br />468 <br />Commission not to base their decision-making or build city code on the Vogel issues. <br />469 <br />To further differentiate, Mr. Bilotta noted that a desired component of the Twin Lakes <br />470 <br />Redevelopment Area was for high-tech, head of household jobs, or incubator uses for such <br />471 <br />business start-ups; and since those desired uses keep coming up, and remain desirable, Mr. <br />472 <br />Bilotta noted the further desire to transition from current warehouse buildings (e.g. trucking <br />473 <br />terminals) to get to the results for neighborhood business uses.If dealing with a small dental <br />474 <br />office that starts bringing production or processing in, as an example, Mr. Bilotta opined that it <br />475 <br />would be a totally different situation than office, but could be argued to be limited production and <br />476 <br />processing; but given the nature of the business, having the use permitted with CU allows a <br />477 <br />deeper dig into this type of use versus blanket approval without any review by the Commission <br />478 <br />and allowing it to see their process and business operation, which usually will prove nothing <br />479 <br />remarkably different than an office use. <br />480 <br />At the request of Member Bull, Mr. Paschke confirmed that a CU stayed with a property as long <br />481 <br />as they continued to meet the conditions as applied upon initial approval. <br />482 <br />By contrast, Mr. Lloyd noted that if a different type of use in limited production/processing was <br />483 <br />indicated, it would require a new CU approval. <br />484 <br />Mr. Bilotta concurred, noting that if not complying with the CU conditions, the City would become <br />485 <br />involved in enforcement action against the property and against that use. <br />486 <br />Chair Boguszewski agreed with Mr. Bilotta’s advisement that this situation is not about the Vogel <br />487 <br />Mechanical use. <br />488 <br /> <br />