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seeing repeated applications for that. The second provision deals with landscaping in the right- <br /> of-way. We often have petitioners seek to not put in any landscaping when there is ample tree <br /> lawn to put in landscaping. This would allow them to do that and it would count as permanent <br /> landscaping. The minimum parking requirement in Mixed-Use Districts has accounted for forty- <br /> two percent(42%) of our variance requests over the last few years. We are attempting to make <br /> Mixed-Use Districts similar to the Central Business Districts. They won't be required to have <br /> parking but if they provide it, it would have to meet the standards. The last provision deals with <br /> outdoor seating. There are several districts that have a limit of ten percent(10%) of the gross <br /> floor area. This comes to you from the Area Plan Commission(APC)with a favorable <br /> recommendation. <br /> Committee Chair Davis opened the floor to questions from the Committee and Councilmembers. <br /> Councilmember Tim Scott asked, How much was the City involved in this process? <br /> Ms. Smith replied, This was a joint effort between the Building Department, APC and the <br /> Department of Community Investment. <br /> Councilmember Dr. David Varner asked, The proposal to allow landscaping in adjacent public <br /> right of ways, if it is approved, will that affect our need to use that right of way? <br /> Ms. Smith replied, If it is a type of tree that the Arborist approves and the Board of Public Works <br /> is aware of it,there would not be a negative effect. <br /> Committeemember Jo M. Broden asked, Was there any consideration of having a substitute <br /> location for parking or landscaping? <br /> Ms. Smith replied, We do have a lot of alternative landscape options. However,putting <br /> landscaping some place offsite begins to become very complex. We did look into it,though. This <br /> whole landscape section will probably need another refreshing because between parking and <br /> landscaping, those two (2) sections are the most petitioned for variances. <br /> Committee Chair Davis then opened the floor to members of the public wishing to speak in favor <br /> of or in opposition to the legislation. <br /> Michael Divita, Principal Planner with the Department of Community Investment with offices on <br /> the 14th floor of the County-City Building, stated, As Angela mentioned, we worked very closely <br /> with APC and the Building Department. This is all an attempt to reduce the unnecessary <br /> variances that hinder development. These changes will allow buildings to be built that better <br /> match the neighborhood context. As for parking, sometimes the lots aren't big enough for both <br /> the parking and the building. Usually business neighbors share parking. <br /> Sue Kessim, 4022 Kennedy Drive, stated, My concern with this is the Board of Public Works has <br /> allowed business to go all the way to the street with their dining and that doesn't leave a five (5) <br /> foot access way for ADA compliance. I don't like that has been ignored. To me,that is <br /> unacceptable. If you want a place where people walk we have to be intentional about making that <br /> possible. <br /> 2 <br />