The Zoning Commission voted 5–0 to approve a modification with hearing for McMillan Parcel 2 Owner LLC and McMillan Parcel 4 Owner LLC (Z.C. Case 13‑14E, Square 3128). The approval included revised retail and grocery commitments and conditions on affordable housing timing.

The applicant sought multiple modifications: reducing the originally required 55,000‑square‑foot grocery to 22,500 square feet on Parcel 4 (with a fallback of 10,000 square feet if a lease for 22,500 sq ft falls through), flexibility on retail square footage and location for Parcel 2, consolidation of senior affordable units to Parcel 2 East, changes to unit counts across parcels, and reduced parking counts. Opponents urged larger minimum grocery sizes and greater retail guarantees; the applicant submitted a revised commitment (Exhibit 36A) that the commission accepted.

Office of Planning testified in support; the Office of the Attorney General provided a supplemental statement resolving timing and affordable‑unit language, and ANC 5E communicated continued support. Commissioners said market forces and a multi‑decade pattern of litigation had affected the project; they expressed concern about over‑flexibility but accepted the applicant’s revised commitments and the proposed OAG conditions (including lodging flexibility limited in time and affordable units delivered concurrent with market units). Commissioner Wright and others characterized 22,500 square feet as adequate for a full-service urban grocery store.

The commission concluded the modified PUD satisfies the PUD balancing test given the record and market circumstance and approved final action by roll call (5–0). The record shows conditions requiring the affordable units’ timing, confirmation of grocery and retail commitments, and a five‑year limit (per OAG) on lodging flexibility in Parcel 4.