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Concept Plan Boarman Kroos Pfister Vogel & Associates Teague stated the proposed project would be a mixed use development project at County Road E2 and 5th Avenue NW. Teague introduced John Ordway, the developer and Gary Vogel of Boarman Kroos Pfister Vogel and Associates. Teague stated the item would come before the Planning Commission in December for formal review. Gary Vogel and his team made a presentation of the proposed project. Locke stated the setback issue would be the biggest hurdle for approval of the proposed project. Teague said that current plans would not meet the setback requirement on 5th Avenue. Teague said the proposed setback was consistent with the downtown area. Staff is suggesting that the Planning Commission consider a variance. Staff would anticipate that the proposal would then trigger an ordinance amendment allowing flexibility in front yard setbacks if the developer provides amenities such as walkways and greenspace. The specific Ordway proposal would then come to the Planning Commission next month with the variance request. The Commission discussed the problems relating to a variance request. Locke said the timeframe created the dilemma in adopting an ordinance amendment. Locke said arguments could be made for approving a variance, although the arguments may not be strong ones. The Donatelle building to the south of this site required a variance. The project area has difficulties such as the SuperFund site and Williams Pipeline. The City should move toward changing the PUD ordinance to allow setbacks on the perimeter of sites to be less than the 25-feet. Zisla stated this site differs from the Donatelle site. Zisla said the City should go forward with an appropriate ordinance revision and not struggle with justifying a variance request. The concept makes sense. Baker stated he would not be comfortable with granting a variance for the proposed project. Baker said that, since the site is large and open, moving the building back ten feet cannot be considered a hardship. The ordinance amendment would be the best method to use for approving the proposed request. By granting a variance, the City would be setting a precedent. Locke said the City would entertain a recommendation from the Planning Commission to modify the PUD ordinance and other appropriate ordinances to allow for reduced perimeter setbacks where the developer provides certain amenities. CC Motion by Baker, seconded by O’Brien, TO RECOMMEND THAT THE ITY OUNCIL DIRECT STAFF TO PRDPUD DRAFT AN AMENDMENT TO THE AND ORDINANCES TO ALLOW A DEVELOPMENT WITH LESS 25-,. THAN A FOOT SETBACK PROVIDED CERTAIN AMENITIES ARE PROVIDED Baker asked for discussion on the motion. O’Brien stated that developing closer to the sidewalk may be more desirable in some areas. Vogel stated he was sorry no one mentioned this difficulty initially. Vogel said they were trying to continue the environment established in the downtown area. Baker called for a vote on the motion. 5 Ayes - 0 Nays. Motion Carried. Schopf commented that residents expressed concern about the type of housing that would be built on the Tom Thumb site at other public meetings. Ordway said the developer had not yet chosen the type of housing since construction would not begin on such a project for at least a year. Ordway said they had been concentrating Bulletin on the commercial portion of the development. The reported “executive apartments” would be built on the site. That may be an option, but the type of housing had not been selected. Assisted living, senior housing, townhouses, condos, executive apartments and coop housing are being considered. Len Pratt is very I:\COMMISSIONS\PLANNING\MINUTES\1998\11-17-98.WPD 3