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Sinclair would probably be a loser in this plan because of the obstructed access to the parcel. Sinclair is the only parcel that does not enjoy access to the other tenants or other shopping areas. Attorney Mohr states that Sinclair believes it is essential to the highest and best use of its parcel to have at least one open access. She explains the combined losses or takings of their access points currently proposed would substantially diminish the value of the Sinclair property. They feel, and say the tape of the August hearing will bear out that at the preliminary plat and PUD approval, City staff was directed to work with Kraus Anderson and Sinclair to remedy this loss of access. Ms. Mohr reports that as of this date, neither the City nor Kraus Anderson has resolved this issue by contacting Sinclair. In fact, upon inquiring about the issue, City staff informed them that it was a private issue. Attorney Mohr states that Sinclair requests and recommends approval of the final plat of the PUD is conditioned on the following: First, requiring normal setbacks for that 6,000 square foot property to the east of the Sinclair parcel and additionally, leaving Sinclair’s northeast access open or at least provide access on the east side of the parcel so it aligns up to the newly aligned Pike Lake Drive, or alternatively, providing Sinclair full directional access along the southern edge of its property, so customers coming and going from that property can get access to Pike Lake Drive as it will be realigned further to the east. They propose that this would be done at Kraus Anderson’s expense. Nancy Grant , resident of 1100 Robin Court in New Brighton, just behind Brighton Village to the east. Her concern has to do with access to Silver Lake Road from the frontage road from Pike Lake Drive. She expressed concern for pedestrians, bicyclists and people who may be in wheelchairs. Kathy Anderson with KKE Architects, spoke regarding the access concerns. She stated they believe these modes of transportation are safest when integrated through the development, as opposed to behind buildings and out of view. There was discussion regarding the setback requirements and the access. CLOSE THE PUBLIC HEARING. Motion by Zisla, second by Baker to Motion Carried 4 Ayes, 0 Nays, . WAIVE THE READING AND ADOPT THE ATTACHED Motion by Schiferl, second by Zisla to RESOLUTIONS RECOMMENDING FINAL APPROVAL OF PUD 03-02 subject to the following conditions: 1.Approval of a permit by the Rice Creek Watershed District. 2.A final utility plan shall be submitted and approved by the City Engineer. 3.An amended landscape plan is submitted subject to review and approval of the City Planner. 4.The City Attorney shall review and approve any cross parking agreements. 5.No sign permits shall be issued except under the authority of an approved area of special control sign plan. 6.Pike Lake Drive right-of-way is vacated. A plan is submitted to show placement of street and traffic control signs to be approved by the City Planner. 7.Adequate recycling facilities are provided for each commercial tenant and that sufficient space is set aside for future expansion of materials to be recycled. 8.The applicant shall provide elevation drawings for the restaurant prior to the final submittal to be reviewed by the City Planner prior to constructions which shall be consistent with the design of the other retail buildings. I:\COMMISSIONS\PLANNING\Minutes\2005\2003\10-21-03.doc