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Planning Commission Meeting Minutes December 21, 2004 Page 12 1 2 Commissioner Tillman asked for further clarification of the PUD and PUD zones. City Attorney 3 Lindgren stated that he is not in a position to fully analyze the issues. He stated that he is 4 prepared to comment on whether there is a prohibition to amend the final plan. He stated that 5 when Staff discussions occurred with the applicant, Staff indicated that no amendment has ever 6 been sought for less than 3-acres. He stated that at the time they believed it would be appropriate 7 if the Planning Commission chose to grant an amendment that there would be a second 8 agreement. He stated that his current analysis is that two agreements would be appropriate. 9 10 Chair Stromgren referenced the 60-day clause for the variance request and asked if this would be 11 impacted. City Attorney Lindgren clarified that the 60-day clause would apply noting that the 12 one question raised is the issue of the EAW and if it is mandatory. He explained that the 60-day 13 requirement starts to run after the EAW is completed. 14 15 Commissioner Jensen clarified that it has been recommended that the City should request a full 16 EAW. City Attorney Lindgren clarified that the City has the authority to make a 17 recommendation for a full EAW. 18 19 Commissioner Gray stated that this is a great deal to have someone want to come in and expand 20 the tax base and not ask for dollars to fund the project. He agreed that the legal questions 21 regarding the impact should be addressed and recommended that a revision to the EAW be 22 completed to address these concerns. 23 24 Commissioner Tillman agreed stating that the City should take some time to consider how the 25 new proposal fits in with the current design standards and the existing development agreement. 26 She stated that she is most concerned about the height of the buildings. She asked if the 27 consultant that helped to create the plan could help review these issues and further clarify. She 28 asked how much detail is actually needed and how would they be met before extending the PUD 29 zone. 30 31 Commissioner Jensen agreed that all issues should be reviewed in detail ahead of time and 32 ensure that there are no double standards. He stated that the City, after many years of planning, 33 has launched a very large development project and the success of this project has been divided 34 into two phases. He stated that they chartered this company to develop the area and should 35 ensure that it happens based on the agreement. 36 37 Chair Stromgren stated that he would like to see more information from Staff and the 38 Consultants on all issues and concerns, including comparison of densities with what is going on 39 in Silver Lake development and other areas of the City. He stated that he also has questions 40 about the Market Analysis and the Market Studies and would like to review the viability and 41 determine the demand for commercial\office space. He stated that as a whole, he does not see a 42 problem with a mixed-use development on this site noting that there may be a place for it, but 43 this may not be the right approach. He stated that it would also be helpful to put together a 44 timeline or flowchart that would include the steps for approval for a PUD. He stated that the