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zoning it can be a conditional use. (2). Buildings C& D residential use was removed and the <br />buildings are now two-stories and meet height regulations. (3). The loading dock area for the <br />retail is now shown on the plans. (4). An additional access point has been added to the plan at <br />the north west area of the site which shows egress to Great Northern Blvd., which will require <br />an easement. (5). The proposed parking is insufficient and will require a variance. Building <br />Commissioners Report; Mr. Conway reviewed the following building issues: (1). The <br />proposed parking is short by 422 parking places. The applicant may request landbank parking. <br />(2). Building heights at this time do not appear to be an issue. Rear setbacks can not be <br />determined until building dirnensions are received. (3). Office use requires a 100-foot front <br />yard setback applicant shows 64-feet which will require a 36-foot variance. (4). Landscaping <br />variances are required for buildings B, C, and D as they do not meet code requirements of <br />10% landscape. (5).The rear buffer is indicated as 49 feet plus or minus. Planning <br />Commission can allow the applicants to remain as is, if they feel the spirit of the code has <br />been met. (6).The main entrance shows 50-feet code calls for 34-feet. (7). A variance for <br />building massing may be required. City Engineer report; Mr. Durbin reviewed the following <br />engineering items: (1). A letter to Mr. Morbitzer with Richard Bowen and Associates Inc. <br />dated May 5, 2004 listed 55 items which is still pending. (2). Applicant has yet to submit a <br />consolidation plat as required. The plat requires all details of any and all easements be spelled <br />out on the plat. (3). Erosion control chapter 927.00 of the code is now stricter and will require <br />additional erosion controls. (4). The Engineering department requires complete and accurate <br />engineering plans. Law Department report; Mr. O'Malley pointed out that there has been a lot <br />of time and effort to establish the zoning for the current lot. There has been a lot of effort put <br />into working through the ever changing preliminary plans by each of the departments. He <br />advised that a height and massing variance was granted by the Board of Zoning Appeals last <br />year for the first preliminary plan submitted to the City. Although the Target building has not <br />changed the plans now before the City are considered new preliminary plans. He advised the <br />board to focus on adverse impacts, modifications or changes that may be needed to eliminate <br />the adverse impacts identified. The board will need to make recommendations to the Board of <br />Zoning Appeals on each of the variances being sought. It is not clear whether or not the <br />owner of the lot along Great Northern Boulevard has granted access to the applicant. If the <br />access has been permitted the applicant will need to list out all details on the plat. <br />Furthermore, as the access was not part of the traffic study there may be additional issues to <br />address regarding the effect on traffic. Council placed conditions on their preliminary <br />approval, such as the owner of the land will be required to put in writing a waiver or release of <br />any claims he may have against the City. <br />Mr. Berryhill indicated that there would no longer be four story buildings as the residents do <br />not want them and the marketing study conducted by Flaherty Collins Property Management <br />showed the area could not work. Applicant does not believe residential use would work with <br />a typical retail use. Applicant felt that having office spaces which are open from 8:00 am <br />through 5:00 pm and conventional retail shops have peak hours of 5:30 pm to 9:00 pm will be <br />a better fit. There was also thought of having one outer building housing office units and the <br />other two outer buildings having fake facades. However, through further discussions there is <br />thought of having office units in all two outer buildings with 10,000 to 20,000 square feet <br />designated as a community room for the City. The details and roof lines of the buildings will <br />have not changed. They are negotiating an access point with the neighboring property owner. <br />They would like Planning Commission to require the applicant to modify their plans to allow <br />the connection. The cart corals have been moved further to the east property line. <br />2