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Approved most recently amended in December of 2005. Creation of this ordinance is an important first step in the development progression on the east side of Old Highway 8 and also to aid staff, the Planning Commission, and the City Council in reviewing future projects for conformance with the NWQ design guidelines. Phil Carlson, DSU, gave an overview of the amendment to the Design Guidelines. Baker asked how a residential property within a mixed use district would be regulated or controlled, so the residential could not be converted to a home business. Carlson replied that subject is not directly addressed within guidelines, but could be dealt with the City's current Home Occupation Standards, so that anything that is approved as residential would have to meet those standards. Fernelius added that some blocks will be zoned for particular uses. Baker stated that the Home Occupation Standards is only in the residential zoning and this will be a mixed use zoning, so it would not apply. Carlson stated that it could be added if that is a concern and added that the guidelines does state that office and commercial businesses can not be located on the same floor as residential. Carlson added that they will make sure that there is a reference in the Home Occupation section or within this code that will tie it in so it will control this issue. Schiferl inquired if coffee or chocolate houses are considered restaurants, and if they are not then these uses should be specifically added. He was hoping to see more restaurants and community orientated sites. He also inquired if a craft shop that offers classes would be allowed. Carlson replied that under items J and N, the Variety and General Merchandise areas, that type of retail would be allowed. Schiferl asked if holding a class would be included in those areas, he would like it clear, so that shop would not have to come back before the commission to gain approval. He also inquired if a small residential gym or ladies exercise shop would be allowed. Schiferl expressed concern there possibly may not be enough retail for the development and stated that they may want to narrow down the commercial list for the A2 district to encourage retail that will draw the community to the area. Carlson replied that the Commission could state specifically what they would like to see in that area. Baker and O'Brien both agreed that there are several proposed commercial sites that are listed that would not be appropriate to the area. Zisla replied that he believe that when they approved the Mixed Use District they were not thinking directly about this development. Fernelius added that he had a conversation with the City Attorney, who stated that when the MX District was approved the City did not have any control of the land and when it was adopted it was meant to do something different than it's meant to do now. He added that the Commission could narrow down the list of commercial uses and any uses not listed could be addressed through a special use permit process. Baker stated that they will have to closely look at what would be allowed. Schiferl added that there should be two different lists for areas Al and A2. Carlson suggested that they make the Main Street Commercial uses one list and the more general commercial uses as a separate list. That way they will be able to maintain a few broad categories. Zisla stated that he is worried that they may narrow the list too far and if something that is taken off the list C:\Documents and Settings\jgoepe\Local Settings\Temporary Internet Files\OLK28\02-21-06 minutes.doc