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city. Mr. Koeth remarked that the City is asking for a development that is mixed-use not 100% retail. Mr. Berryhill suggested that they have looked at constructing additional offices in this district and the need is not there. Mr. Koeth indicated that during the discussions with the planner the addition of condominiums matching those located across the street were suggested to be built. The city is concerned about having a transitional area between the residents and this parcel. 7ust placing an additional 25-feet of landscaping is not much of a transition. Planning Commission wants to make sure that this parcel is developed in the best way possible. The City does not want 100% retail, the land is zoned mix use, and that is how it should be developed. Mr. Berryhill suggested that if there were other uses to be used they would be included on the site. There are no other viable uses for this piece of property. If multi family were placed on this site, the rent would be $2,000.00 or more a month to recoup the investment. He attended the meetings with the Planner and he heard the underlining tone to be this is a transitional area granted. However, do you really want a highly urbanized area meaning 525,000 square feet of development in the backyards of these residents? That is the trade off. Mr. Koeth 100% retail is not a transitional trade off the city is looking for mix-use. Developers alternative; Mr. Berryhill suggested that they could submit the 525,000 square foot plans and not intend to build it. He could say the retail is just the first portion of the plan and get away with it. They are showing that they are meeting the spirit of the code by showing a development that satisfies the requirement of the zoning and here is my phasing of my zones. First phase is retail, second offices, third phase will be parking garages and fourth phase will be additional offices and meet the spirit, but he does not want to play the shell game. He wants to be up front and say to this commission I do what I say I'm going to do and he is going to live up to that. Mrs. Hoff-Smith remarked that Planning Commission as well as Council developed the mix-use D zoning for this parcel because they felt it was the best to meet the needs of our residents and the environment of the community. Now you are requesting that that be changed because of the economic viability of what you would want to place on the parcel. Mr. Berryhill suggested that the court prompted Council to pass the re-zoning and council requested Planning Commission give their recommendation for the zoning to satisfy the litigation on the property. Mr. Hreha commented that that would be a legal interpretation, which Mr. Berryhill is not qualified to make. Furthermore, as someone who taught listening skill classes, and stressed listening to the content of what is being said not just the deliver or the method of the delivery. He found it a challenge to listen, when the applicants opening statements were I can do this and I can do that, but because I am a nice person, we wont do that. Therefore, it was difficult beyond that to listen to the content with any intent on his part as frankly he was taken back by those comments and somewhat offended. If the applicant wants to play hardball the Planning Commission, will. The Planning Commission is present to try to reach a reasonable compromise between the developer, the city, and the residents. Mr. Berryhill apologized for offending Mr. Hreha and suggested that his intent was to show he is earnest. He is trying to say here are two separate plans with one plan showing what code allows and the other shows what they would like to have. It is not our intent to play hardball but a sense of compromise and good will. Although it will be heavily weighted in retail it will address some of the residents concerns to the north and will be a nice transition. Mr. Koeth remarked that the City put a lot of time and effort into the rezoning of this land now the owner comes in with a plan showing nothing but retail and requiring variances. This is not the way to go about developing this land first time in and neither plan is acceptable. 3