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ARDEN HILLS CITY COUNCIL -July 12, 2010 9 8.A. Planning Case 10-008 -Arden Plaza Development Agreement Amendment 1Vo. 1 (continued) of their review, the City Council voted to table the application citing concerns over the removal of Building 3 and the ramifications this may have on the overall design and site plan of the development. While the applicant continues to work towards a solution that will accommodate the requirements of the City and the needs of their future tenants, they have withdrawn their request for the alternative development option to remove Building 3, and are focusing their request on the timeline extensions only. Since the approval of the Master PUD in July 2009, the developer has been in negotiations with Walgreen's. Given the delays of the project due to market conditions and extended negotiations with Walgreen's, the applicants are requesting a one year extension for filing the Final Plat with the County and for submitting for building permits for each of the three phases. ~ According to the existing development agreement the deadline to pull building permits for Phase I of the Arden Plaza redevelopment in July 13, 2010. If the deadline is not extended, the development agreement will expire, essentially ending the proj ect. The one-year extension will give the developer time to continue their negotiations with Walgreen's or another user for the site. She clarified in order for this request to pass it would require at least a 3/2 vote. Mayor Harpstead stated at the June 14, 2010, meeting the City Council had voted 311 to grant the extensions. At that time it was deemed failed because it had not passed on a 4/5 vote. He asked if the previous motion would then be considered approved. City Planner Beekman stated City Attorney Filla did not reference the June 14, 2010, meeting in his response about tonight's motion. City Attorney Filla had indicated that a 4/5 vote would be required at the previous meeting but this may have been in regards to the other changes being requested at that time related to the PUD amendment. He did indicate a 312 vote would be required for this motion to pass tonight. Councilmember McClung asked for clarification on if Arden Plaza was withdrawing their request to alter the construction plans or if they were still postponing this portion of the request. Mr. Dennis Trooien, VP of Arden Plaza, LLC, stated at this time they are requesting an extension of time and they are continuing to work on the second portion of the request. Community Development Director Lehnhoff stated the City has until August 2, 2010, to make a determination on the construction plan request at this time, The City can request an extension from Arden Plaza LLC for additional time. Councilmember Holden asked if Arden Plaza would be willing to give the City the additional time Mr. Trooien stated they would agree to the extension. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to Approve Planning Case 10-008 for Amendment No. 1 of the Arden Plaza Development Agreement Providing a One-Year extension for Submitting for Building Permits for Each of the Three Phases Based on the Findings of Fact