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REQUEST FOR <br />Planning Commission Action <br />PLANNING COMMISSION MEETING DATE: <br />MARCH 23, 2009 <br />TITLE: <br />PUBLIC HEARING - FILED BY NDC SKYLINE <br />ASSOCIATES, LLC AND INTEGRAL COMMUNITIES TO <br />AMEND DEVELOPMENT AGREEMENT NO. 2005-02 AND <br />CONDITIONAL USE PERMIT NOS. 2005-10 AND <br />2005-15 TO ALLOW THE RENTAL OF UNITS AT THE <br />SKYLINE TOWERS AND MONTAGE PROJECTS LOCATED <br />AT MACARTHUR PLACE SOUTH <br />Prepared by Vince Fregoso and Ann Ni <br />Executive Director <br />RECOMMENDED ACTION <br />Recommend that the City Council: <br />PLANNING COMMISSION SECRETARY <br />APPROVED <br />^ As Recommended <br />^ As Amended <br />^ Set Public Hearing For <br />DENIED <br />^ Applicant's Request <br />^ Staff Recommendation <br />CONTINUED TO <br />Planning M ager <br />1. Adopt an ordinance approving the second amendment to Development <br />Agreement No. 2005-02. <br />2. Adopt a resolution approving the amendment to Conditional Use <br />Permit No. 2005-10 as conditioned. <br />3. Adopt a resolution approving the amendment to Conditional Use <br />Permit No. 2005-15 as conditioned. <br />DISCUSSION <br />Request of Applicant <br />NDC Skyline Associates, LLC, a subsidiary of the Nexus Development <br />Corporation (Nexus), and Integral Communities, are proposing to amend <br />provisions of the MacArthur Place South development agreement and two <br />conditional use permits in order to allow the rental of some or all units <br />at the recently completed Skyline Towers at 9 and 15 MacArthur Place and <br />the pending Montage mid-rise condominium project to be located at 100-130 <br />East MacArthur Boulevard. <br />Property Description <br />MacArthur Place South is a 9.8-acre development that is generally <br />situated between MacArthur Boulevard, Main Street and Sandpointe Avenue. <br />MacArthur Place South consists of three separate parcels and is <br />currently entitled for the development of three 25-story high-rise <br />75A-3 <br />