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1- ? PLANNING COMMISSION JANUARY 22, 1985 PAGE 4 ORD. 85-7: Ordinance is to amend permitted uses in the Mixed Use "A" district to include the uses permitted in Chapter 1173, entitled "Gen- eral Retail Business District with the provision that all.restrictionls of the Mixed Use District must be met. Chairman Morgan cautioned the members that this change would bind the Commission to all these uses in all Mixed Use "A" areas, not just one particular parcel. Mr. Gorris stated that this would seem, to him, to be a rezoning and that in re- zoning requests all adjacent property owners would be notified. Assis- tant Law Director Dubelko stated that a public hearing would still be required, and that this amendment is expanding the Mixed Use"A" per- mitted uses to include all permitted uses now included in the General Retail District, however all restrictions (setbacks, Tandscaping, buf- fer zones, area requirements, etc.) of the Mixed Use District would still apply: Commission agreed that this is practically a rezoning and could allow undesireable use of land in the Mixed Use "A" areas. Chairman Morgan questioned why section could not have been amended to give the Planning Commission the same discretionary powers that it has under the Mixed Use "B" section. Mr. Dubelko advised that Planning Commission can make recommendation to disapprove proposed legislation and also the}• can initiate amendments or new legislation. T. Morgan moved to recommend that Ord. 85-7 he disapproved because Planning Commission feels that Chap- ter 1173, entitled General Retail, Business, providestoo great a latitudc for permitted uses in the Mixed iJse "A" districts, seconded by J. Burns, and unanimously approved. Commission then discussed with Mr. Dubelko how ordinance could best be amended to give Planning Commission more discre- tionary powers for the Mixed Use "A" districts. T. Morgan moved than an ordinance be drafted the under Mixed Use "A", Section 1202.02 (a) which defines Mihad Use District "A" should read as follows: Any of the following uses as defined in Sections 1202.03 and 1202.04 shall be per- mitted'together with any other use that the Planning Commission from time to time determines is in keeping with the foregoing uses and is not injurious, obnoxious, or offensive by reason of the emission of odors, 'dust, smoke, gas fumes, vibrations or noiset and associated and acces- sorv uses ta the foregoing uses, seconded by-.J. Wixted, and unanimouslv approved. VII. OLD BUSINESS: p:ZD, 84-125: Assistant Law Director Dubelko explained that this ordinance changes procedures for review of major or minor subdivisions which require a variance, so that such a subdivision must be reviewed by the Planning Commission prior to request a variance from the Board of Zoning Appeals. If Planning Commission recommends approval of the subdivision, proposal must then be referred to the Board of Zoning Appeals who can either grant or deny the variance; if granted, proposal returns to the Planning Com- mission for final approval. Regarding assembling of existing non-conform- - ing lots to make one non-conforming lot, Law Director M. Gareau had stated (in the Board of Zonin Appeals minutes of January 2,'1985, in reference to an assembly proposal by Self Service Maxi-4lash) that since there was no way these lot could be made conforming, no variance would be necessary. J. Burns moved to approve Ord. 84-125 as presented, seconded by T. Morgan, and unanimously approved.