05/27/2003 Minutes - Laserfiche WebLink

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Mr. O'Malley complemented the applicant for trying to come up with something more consistent with mix use. However, this preliminary land use plan tonight does not strictly comply with code. He advised that it was not yet time to analyze strict compliance to the code i.e. variances that may or may not be needed relating to the size of the building, or mixture of use. Matter of fact a lot of detail that could be envisioned as far as final development plans and meeting codes the building department has not looked at yet. All Planning Commission is looking at, now, is the conceptual plan, basic layout, and configuration of the external roads, the curb cuts, and the mix of uses. The commission is not at the point were variances are being granted, the site plan before the board shows the foot prints which are in fact showing buildings that do not comply to code. One of the buildings exceeds the maximum square footage for a super store. This plan also exceeds the technical application of the mix use district by having a single building which exceeds more than 10% of the build-able area for the site. Furthermore, the applicant is showing a 70% 30% mix instead of a 50% 50% mix. So there is progress but it is not in full compliance to the code. If the Planning Commission is contemplating an approval, the approval should be conditioned upon a clear indication, specifically on the plan itsel£ A disclaimer if you will, to make it clear that the approval of this preliminary land use plan is just that, a preliminary land use plan and no indication of issuance of variances or approving any violations of the code. He would recommend that Planning Coinmission reserve judgement on any traffic study or traffic consequences that might come up. The Planning Commission could in theory condition the approval of the preliminary land use plans on the traffic studies. It is also within the Commissions authority to address and make recommendations to other conditions or changes in the preliminary land use plan if necessary to accommodate the boards concerns. There are a number of issues the board can address i.e. loading docks, contours and configurations of the building to eliminate the massing that the developers made reference too. For example, the loading docks can be a condition imposed on the approval. The approval of the preliminary land use plans is not to be taken as a final approval of the location of the loading docks. The commission is still free to address those types of details to the extent that this shows the loading dock in a specific location is not binding. There are not a lot of guarantees in the preliminary land use plans by either side. The Commission does not have a guarantee that it is going to look the way the applicants are showing it nor, is the commission guaranteed that there is going to be a Target or any other store. The applicant does not have a guarantee that what he is showing the coinmission is absolutely entitled to be approved. Audience Comments and Concerns: Mr. Skoulis the president of the Park West homeowners association which abuts parcel-E came forward to address the preliminary land use plans. Mr. Skoulis indicated that they had an opportunity to speak with Mr. Berryhill and Targets representative in the outer lobby and were quite pleased as to what they were told. He has had a chance to pole some of the residents present so he knows how they feel about the proposal. Some of them object to it, but like the concept and the architectural appearance. He likes the concept and they have come a long way from what they first proposed, they are on the right track. He has a few concerns regarding the buffering and landscaping but will address the big store concept. He likes the Target store architecturally, but the problem is that it is still a big box store. The fact that they put two walls between the building does not change that it is still one store. They can compromise on that point if they want to compromise. His concerns regarding the big box store and other area is the amount of retail, it exceeds the amount of retail that is allowed in the Mix Use D district. If this is approved will it be setting a precedence for any piece of land zoned Mix Use D. He likes the concept and would like to see go though. He thinks the rest of the residents will like it as well. He has requested that Carnegie Management and Target representatives meet with all their residents so they can see the plan. He suggested that Carnegie agreed to the meeting. They would like to come to some type of agreement before the commission gives a final decision. That would allow the residents an opportunity to come before the board and state any objections. As far as the Target Store, it is a large store with a wall in the center, but it is still one building. He would like to know what would be between the two buildings. He suggested 13