Filed Complaint with Exhibit

11 traffic. 57. The Application was carried to the November 6, 2024 meeting with preservation of notice. At the hearing the Applicant reviewed all plan changes to date based upon comments from the Board and its professionals. The Applicant called upon Mallory Clark, professional planner, to testify. Ms. Clark was sworn in and accepted as an expert in professional planning. 58. Ms. Clark testified that the Proposed Development is in the B-2 Zone where mixed- use developments are a permitted conditional use. Ms. Clark testified that the required conditions for a mixed-use development are: (1) the ground floor must contain a permitted commercial use; (2) dwelling units are permitted above the ground floor; (3) access to the upper floor residential units must be separate from access to the commercial space; and (4) the lot size must exceed 5,000 sq. ft. with 50 ft. of lot frontage. Ms. Clark confirmed on the record that the Proposed Development met all of these conditions. 59. Ms. Clark testified that the general permitted uses in the B-2 Zone are more traditional commercial uses that require a substantial amount of surface parking to serve the use. The Proposed Development does not propose high traffic commercial space and therefore has a lesser need for parking than the other contemplated permitted uses. She testified that the B-2 standards do not align with the goals of the Master Plan as it relates to the conditional uses in the B-2 Zone, and that the Proposed Development is in line with the goals of the Master Plan. 60. Ms. Clark also testified that due to the irregular shape of the Property, its drastic grade change, and its siting on a corner; in order to comply with all of the bulk requirements of the B-2 Zone, any application would be limited to a 3,000 sq. ft. building footprint with 8,000 sq. ft. of open area, which does not align with modern development standards for mixed-use development.ESX-L-001637-25 02/28/2025 2:34:16 PM Pg 11 of 32 Trans ID: LCV2025492774