18 ATTACH 05-06 - Laserfiche WebLink

DRAFT Commissioner O'Connor stated that it would be easier to come back to the Commission if it is a conditional use rather than a PUD modification. Mr. Weinstein stated that there are two ways to do a PUD modification, and one is a lot more time-consuming and onerous than the other: a major PUD modification which goes all the way to the Planning Commission and the City Council; and a minor PUD modification that is processed at the staff level and is subject to appeal to the Planning Commission and City Council. He noted that the circumstances really need to be considered, and if there really was a problem getting a tenant, and staff agrees with the applicant team that it is important to have that space be occupied, staff will be able to work with the applicant at the staff level. Commissioner Ritter agreed. Commissioner Balch stated that it be left as commercial for now without allowing residential, as recommended by staff, and consider a PUD minor modification when the circumstances call for it. Commissioner Nagler stated that he is comfortable with that so long as everyone is clear about what is being said. Commissioner O'Connor commented that it has to be kept in mind that this was a restaurant and bringing a family back in to live in it would require a lot of improvements on the inside, which he is not sure the owners of the building would want to do for a six-month rental. He indicated that he was fine if it can be processed as a PUD minor modification as opposed to a PUD major modification. Commissioner Ritter agreed. Chair Allen stated that she supports staff's recommendation and echoes Commissioner Nagler's comments that the draw for this project and doing it now and bending on the height and bending on garage doors is the plaza. She indicated that that is the ticket for her if this turned to residential, and she could not support this whole project if this was conditional or if residential was allowed. Commissioner Balch stated that, again, it would be really awkward if they put a coffee shop or a frozen yogurt shop in, and one month someone is there sitting in the plaza and the next month it is someone's house. Commissioner Ritter moved to make the PUD findings for the proposed Development Plan as listed in the staff report, and recommended approval of: (1) Case P14-0124, a General Plan Amendment to change the land use designation for an approximately 0.15-acre portion of the site from Retail/ Highway/Service Commercial; Business and Professional Offices to High Density Residential; (2) Case P14-1025, a Downtown Specific Plan Amendment to change the land use designation from Office to Downtown Commercial and High Density Residential; and (3) PUD-107, Planned Unit Development (PUD) Rezoning and Development Plan to rezone the site from the C-C (Central Commercial), Downtown Revitalization, Core Area Overlay District to the PUD-HDR/C-C DRAFT EXCERPT: PLANNING COMMISSION MINUTES, 11/182015 Page 19 of 22