09-26-1989 PC MIN - Laserfiche WebLink

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. . . Planning Commission Mintues 9/26/89 Chairman Kimball closed the public hearing. Commissioner Fuchs indicated he had a problem with the restriction that each office should be bordered by retail space. Commissoner Fuchs was in agreement with the owners that this would be too restrictive. He indicated that the 10% office space allowed in the mall be called professional office space to allow for a greater traffic flow. Commissioner Fuchs further indicated that he was in disagreement with the five year limitation that this was too restrictive. He would like to see this changed to a three year limitation. Commissioner Morton indicated that rather than restricting the owners farther, we should allow them to make the decision as to what kind of office space they are going to be renting since we are already looking at a limitation on the gross 1easeab1e space and in the best interest to get the higher traffic flow. Commissioner Morton felt that the five years is a little over restrictive and would suggest three years rather than five. Commissioner Fuchs was in agreement with Commissioner Morton. Commissioner Eber1ey indicated that she was having a hard time regarding the time frame restrictions and if this was justifiable or defensible. Tim Keane, City Attorney indicated that this was clearly defensible. Mr. Keane explained "that the regulatory frame work of the PUD is quite broad and I'm not at all troubled with advancing rational for the restrictions. It is a very defensible direction to take". Commissioner Schroeder indicated that he had no problem with the request when the City Attorney can say its very defensible to go along with what appears to be a reasonable compromise to the situation. Commissioner Johnson was in agreement with Commissioner Schroeder. Commissioner Johnson further indicated that she would like to see the three year limitation rather than the five. After discussing this issue, it was the consensus of the Planning Commission that the 10% would include the space between Hagens and Ben Franklin to the end of the new addition. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT TO AMEND THE ELK RIVER DEVELOPMENT AGREEMENT TO ALLOW UP TO 10% OF THE LEASEABLE SPACE IN THE MALL TO BE USED AS BUSINESS AND PROFESSIONAL OFFICES . (THIS WOULD BE FROM THE NORTH END TO THE SOUTH END WHICH WOULD INCLUDE COUNTY MARKET AND PAMIDA FOR LOT 1, BLOCK 1, ELK RIVER PLAZA 2ND ADDITION, LOT 2, BLOCK 1, ELK RIVER PLAZA 2ND ADDITION AND LOT 4, BLOCK 2, ELK RIVER PLAZA 1ST ADDITION) WITH THE CONDITION THAT AFTER THREE YEAR TIME FRAME, RESTRICTIONS FOR OFFICES IN THE PUD AGREEMENT BE ELIMINATED. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3.