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Commissioner Maas moved to approve Case PUD-126, subject to the conditions in Exhibit ,.-- "B," including the following: . the number of parking spaces shall be reduced and the installation of a sand or grass volleyball court shall be allowed in place ofthe eliminated spaces; . the installation of the photovoItaic cells may be phased, subject to review and approval by the Planning Director; . condition #4 shall be modified to state that color scheme "C" shall be accepted; and . the roof shall be a non-reflective flat color Commissioner Kameny seconded the motion. Commissioner Maas noted that she made a black and white photo copy of the original color rendering and once the color was taken out, the design made more sense. She commented that property owners have certain rights and she does not believe the Planning Commission is there to take away the rights of the property owners. She stated she that feels the applicants are expressing creativity and individuality, and most importantly, they will take care of this building. Commissioner Arkin stated that he will not support the motion as he cannot accept the colors. He also noted that his dissenting vote is not because of the business, as he thinks it is a great business and he hopes they succeed. He commented that the primary reason he cannot support the application is the colors, as he does not see the community supporting these colors, and he also has an issue with the architecture. He further commented that he is o.k. with the applicant wanting to make a bold statement, but he feels there are other ways of doing this. __ Commissioner Kameny commented that he had asked staff if the colors had been toned-town, and while staff did not think the colors had, he feels they have definitely been toned-down. Chairperson Sullivan stated that he does not have that much of an issue with the design of the building in that the buildings in the rest of the business park have, essentially, mixed architectural designs, and the proposed building probably looks better than 90% of the buildings there. He advised that he feels color scheme "C" is significantly better than the previous proposal, but he still feels the colors are not quite there and he would prefer to approve the building design with additional work on the colors. He also commented that he doesn't necessarily want to see a beige building. Chairperson Sullivan made a substitute motion to approve the building design for Case PDR-126, with the direction that the applicant work with staff to develop a color scheme with warmer colors. Commissioner Arkin seconded the motion. ROLL CALL VOTE AYES: NOES: ABSENT: ABSTAIN: Commissioners Arkin and Sullivan Commissioners Kameny, Maas, and Roberts None None ".- The motion failed. PLANNING COMMISSION MINUTES May 23,2001 Page II