Agenda - Planning Commission - 08/05/2004

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Drive by the City's Public Works Department, it was determined that 11 feet will be needed from back of curb to the property line in order to allow for snow removal equipment to safely operate between the buildings and the boulevard trees. This results in a need to shift the proposed building along Sunwood Drive two feet to the north. Staff has discussed this issue with the applicant and they have agreed to move the building and provide a two foot drainage and utility easement along the southern property line. The applicant is unable to shrink the building as they have already' made the building as small as they could on the site and the fact that building material has been ordered. Staff finds a lesser fight-of-way for 145th Avenue is acceptable. The right-of-way will be 58 feet instead of the normal 60 feet. The road will still be 36 feet wide and contain a sidewalk. 145'h Avenue will abut Town Center South Park and the two feet of lesser right-of-way will be deducted by the north side of the right-of-way of 145th Avenue along the border of 145'h Avenue and South Park. The Board of Adjustment will need to approve a variance for the lesser right-of-way at their July 1, 2004 meeting. The need for a variance was discussed with the Planning Commission at their June 17~' Special Meeting: The preliminary 'plat confonns to the Town Center master plan and standards established in'the T-3 District, therefore, staff is recommending ~ipproval contingent upon compliance with City Staff Review Letter dated June 11, 2004, Revised June 18, 2004. Councihnember Zimmennan asked if the sight distance triangle is applied to this. Assistant Community Development Director Trudgeon replied the ordinance is not officially in effect..The requirement is not met at Peridot Street and 145th Avenue, but it is met at Per/dot Street and Sunwood Drive, which is the busier intersection. The building has been shifted around' to accomplish their needs for streetscape, as well as internal things for the overhead door. It should not cause too much of a problem, and since the ordinance is not'in effect they would be hard pressed to fbrce those requirements. Councilmember Elvig commented it has not been determined whether the plowing will be done privately or by the City. Assistant Community Development Director Trudgeon replied this will be up for discussion at the Public Works Committee meeting in July. The initial thought is that the City would do an initial pass through at least along Sunwood Drive, and the property owners could do the'rest of the shoveling. Councihnember Kurak inquired about the use of the building. Assistant Community Development Director Trudgeon replied these will be office buildings. He exp!ained under City Code the Council cannot consider a preliminary plat pr/or to 14 days after the public hearing. This requirement has been waived before.' It is a simple resolution waiving the 14 day time frame requirement between the Planning Commission public hearing and City Council action. Staff thinks this is a reasonable request. Motion by Councihnember Cook, seconded by Councilmember Elvig, to adopt resolution #04- 06~ 166 waiving the 14-day time requirement between the Planning Commission public hearing and City Council action. City Council/June 22, 2004 Page 23 of 31 P91