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. . PLANNING COMMISSION APRIL 12, 1988 PAGE 6 Conway is concerned that with this wording, he could not permit a sidewalk from the right-of-way to the buiding without a variance, and suggested delet- ing :`entirely" before- s*_reen area. , Assistant Law Director Dubelko is concerned about that from a legal noint of view. Mr. Morgan believes that s uch a walk would be permitted since it would be an access and an access is nermitted under to ordinance. Mr. Tallon nointed out that since the parlcing would be to the rear of the building most sidewalks would be parallel to the front of the building. Mr. Thomas Dointed out that the Commission could decide on the sidewalks. Mr. Conway is concercied that he mip,ht not be able to annrove a parallel sidewalkwithin the 35 foot set back. Mr. Tallon believes that this might be overlv construed, and this would be part of the permitted access. Mr. Dubelko stated that the ordinance is designed for a"bowling allev" type lot, and if a develoner presented a 50 foot set back and was advised of this provision, it nrobably would not be difficult for him to vlace the building back 39 or 40 feet to a11ow for a sidewalk. After some discussion it was decided to annrove the ordinance as nresented. M. Betts moved to recommend approval of Ord. 88-36 as drafted and making that recommendation to the BZD, seconded by J. Thomas, and unanimousl_y approved. Ord. 88- 37: An Ordinance creating New Section 1161.091, Amending Section 1161.09(A), and Creating New Paragrauh (F) of Section 1161.12 of the Zoning Code, All of Which Concern Granting to the Planning Commission Authorify to Vary the Zoning Code R.equirements for Parking, Access Drives, and Loading Facilities, Under Centain Specif.ied Conditions, as Amended. Mr. Betts beleives the word "landbankina" should be defined in the Zoning Code. Mr. Morgan is concerned that, if the Commission asks a develoDer to landbank some parking, and after the b uilding is comnleted the developer needs it; that he could put it back in without coming back to the Commission. Councilman Tallon stated-that usuallv the develoner will ask if he can reduce his parking based on his experience, the PlanniiiQ Commission would not just req_uire fewer snaces. Assistant Law Director Dubelko stated that a building permit would.be required to increase the parking and at that time the developer would be directed to the Planning Commission. Mr. Conwav is concerned about the words "change of use", since another retail use could require more narking, and this could be construed that the vroposal would not have to come before the Commission. It was decided that this could be clarified by chauging the wording to "change of use or tenancy, or exnansion". Regarding Section 1161.09 Paragraph (a) Mr. Conway stated that a single, three lane drive might, at times, be necessary, and is also questioning why driveways cannot be Dlaced more than 120 feet ap art at the center liiie. Mr. Boyer agreed that that restriction is not iiecessary. It was decided to delete this limitation. IMr. Morgan questioned why a small business would be required to have a two lane drive, pointiug out some small businesses with 4 or 5 snaces where there is only a single drive. T'Ir. Boyer stated that two lanes should be reauired for safetv vehicles. After some discussion it was decided that a two lane drive should be required, and a single three lane drive could be allowed. Councilman Tallon agreed to eliminate the 120 foot maximum between curb cuts for the present, stating that it might have to be nut back iii after the BZD Committee looked into it further. Commission discussed the new paragranh (f); allowing the Commission to land- bank loading zones in order to have more green area iu a develonment where these loading zones are not necessary. Again it was decided to include the word "tenancy" after "change o.f use", R. $ierman moved to approve the nroposed Ordinance 88-37 with the followin.g recommendations: Under 1161.081 1) include the word "P.arking" after adequate: 2) add;the words "tenancy.or" after the