7C, Planning Case 10-008 - Arden Plaza Master & Final PUD

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Phase I, at 3585 Lexin�ton Avenue based on the findings of fact, submitted plans, and the five conditions in the Ma_y 5, 2010, plannin� case report. Commissioner Holewa stated he is not in favor of this amendment. The Master Plan was approved as part of the overall vision for this area and this included the construction of building 3. He stated the approval of this amendment would no longer guarantee that building 3 would be constructed. Commissioner Thompson stated she is in favor of this amendment at this time. The owner and developer of the property have looked for tenants and based on the current economy there are none available. She clarified she would rather see the building not built at this time than sit empty and the addition of the green space in its place is favorable to the City and the overall look of the property. There is also capacity in the other buildings for expansion Commissioner Zimmerman stated he would be voting against this amendment because the City will be taking the decision to construct building 3 out of their hands and putting into the hands of the owner of lot 3 who may potentially be the same owner as lot 1. Chair Larson stated this request is a response to the current economy and he believes that if the developer had tenants for building 3 they would construct the building as proposed in Phase I. He stated he would vote in favor of this amendment. Commissioner Hames stated she would vote in favor of the amendment because the decision to construct building 3 will be in the business owner's hands. When they have a need to expand they will have the capacity to do so. Cornmissioner Holewa stated this amendment did not provide any guarantee that the proposed green space would ever be developed into building 3 or that this would comply with what the City had envisioned for this area. Commissioner Reiff expressed surprise that there was opposition to the requested amendment. The plan being proposed is a good plan and does comply with the vision of the City. The option to construct building 3 is still there it is just not a requirement as part of Phase I. By not having building 3 constructed at this time the traffic flow in this area will be less impacted. Commissioner Modesette explained that approving this amendment opened the door to Walgreens controlling more space with fewer tenants and they would then have the opportunity to build a larger store than the City had approved. The motion was called to a vote. The motion carried (4-3).