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Teague reviewed the planning report concerning a request for an amendment to a Planned Unit Development for Industrial Equities for the purpose of adding an additional site. The subject property is located at the intersection of 5th Avenue NW and 1st Street NW. John Allen, the applicant, stated the site is a difficult site. Allen requested flexibility in the building design as the tenant needs are not final. Allen stated Industrial Equities would like to stay with the 25-foot setback off 1st Street NW. The green area would be 40 feet from the curb to the building. Since the site faces the railroad, Allen asked that the road and parking area could go to the property line. This would make more parking possible and would enhance the use of the site. Allen asked that the Commission waive the provision for a Letter of Credit or bond to ensure the landscaping, paving, etc. Allen stated he has developed 800,000 square feet in New Brighton; Industrial Equities has never been asked to post a bond during the ten years it has been building in the City. Allen reviewed the proposed site plan and the site limitations. The City has requested that Industrial Equities include the fifth building in the redevelopment project. Allen said that is the reason Industrial Equities is requesting some flexibility for developing the site. The plan Teague showed this evening is close to the end product. Allen reviewed the site plan. Livingston asked how many extra parking stalls would be made possible by the setback variance off 1st. Allen answered 15 to 20 more parking stalls. Schiferl asked Allen to review his reasons for requesting flexibility in the building design and setback. Allen reviewed the proposed site plan. Allen pointed out that the building would still be 40 feet from the curb with a wide green area. Zisla asked Teague for comments on the setback variance. Teague responded that the City amended the Code to allow flexibility in the front yard setback, as the City did in the Ordway development. The City’s Streetscape Plan goes down to 5th Avenue. The plan may include some additional sidewalk from 1st to Old Highway 8. That would provide grounds for allowing the flexibility requested by Industrial Equities. The new provision in the Code allows that flexibility. PH. Motion by Livingston, seconded by Zisla, 6 Ayes - 0 Nays. Motion TO CLOSE THE UBLIC EARING Carried. PUD-6&LP-357, Motion by Schopf, seconded by Schiferl, TO RECOMMEND APPROVAL OF AMENDED #9, SUBJECT TO CONDITIONS IN THE PLANNING REPORT AND REMOVING CONDITION WHICH REQUIRES LC. A ETTER OF REDIT OR BOND Schiferl asked about the history of the bond or Letter of Credit. Teague stated inclusion of the requirement for a bond or Letter of Credit is the standard practice for developments in the City; however, Industrial Equities has never been required to post a bond or Letter of Credit. The City has never had a problem with Industrial Equities. Schiferl asked if omitting the condition would set a precedent. Allen pointed out the Redevelopment Agreement does not call for a bond. Schiferl asked if the zero lot line should be added to the conditions in the motion. Teague responded affirmatively. C#9 Motion by Schiferl, seconded by to ADD ONDITION TO ALLOW FOR A ZERO LOT LINE SETBACK . 6 Ayes - 0 Nays. Motion Carried. ALONG THE RAILROAD PROPERTY Livingston called for a vote on the amended motion. 6 Ayes - 0 Nays. Motion Carried. Zoning Ordinance Amendment City of New Brighton Teague stated the amendment is exactly the same as in the concept review. Teague reviewed his memo on the amendment. I:\COMMISSIONS\PLANNING\MINUTES\1999\06-15-99.WPD 11