PLANNING COMMISSION DECISION:
Planning Commisison approved the Planned Commercial Development - Initial Development Plan with the following stipulations:

1.

A building permit shall be obtained prior to any construction and a Certificate of Occupancy shall be obtained prior to occupancy;

2.

Prior to the start of construction, a Floodplain Development Permit shall be obtained for any work within the federally designated 100 year floodplain located in the southeast portion of the property;

3.

Upon submittal of a Final Commercial Development Plan, construction plans for the north- south street located along the west lot line shall be submitted for review and approval. In particular, the road construction plans shall show the street located in a minimum 60 foot wide right-of-way and constructed with a minimum 24 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water as per the City's Major Street Plan and as per the approved Tax Increment Project Plan or an Amendment to the Tax Increment Project Plan shall be obtained;

4.

Upon submittal of a Final Commercial Development Plan, construction plans for the east-west collector street located along the north lot line shall be submitted for review and approval. In particular, the road construction plans shall show the street located in a minimum 60 foot wide right-of-way and constructed with a minimum 24 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water as per the City's Major Street Plan and as per the approved Tax Increment Project Plan or an Amendment to the Tax Increment Project Plan shall be obtained;

5.

Upon submittal of a Final Commercial Development Plan, geotechnical information including pavement design shall be submitted for review and approval;

4.

Upon submittal of a Final Commercial Development Plan, a water and sewer plan prepared by a Professional Engineer shall be submitted for review and approval. In addition, the applicant shall demonstrate that adequate domestic water and fire flows are being provided. The applicant shall also provide a developer's agreement for the construction of the proposed waterline;

6.

Upon submittal of a Final Commercial Development Plan, a grading plan shall be submitted for review and approval;

7.

Upon submittal of a Final Commercial Development Plan, a drainage plan as well as an erosion and sediment control plan shall be submitted for review and approval. In particular, the drainage plan shall be designed in compliance with the Morningside Drainage Basin Plan. In addition, drainage easements shall be provided as needed;

8.

Upon submittal of a Final Commercial Development Plan, a complete landscaping plan shall be submitted for review and approval identifying specific plant material and the irrigation system;

9.

Upon submittal of a Final Commercial Development Plan, a sign and lighting package shall be submitted for review and approval;

10.

Upon submittal of a Final Commercial Development Plan, a revised parking plan shall be submitted for review and approval. In particular, the parking plan shall identify a minimum of 144 parking spaces with five of the spaces being handicap accessible. In addition, one of the handicap spaces shall be “Van” accessible. The parking plan shall also be revised to comply with the Americans with Disabilities Act ( ADA ) Regulations and Design Standards. In particular, the gradient of the parking lot shall be reduced from 2.5% to 2%. The garage parking shall also be revised to provide a minimum height to allow emergency vehicle access as per Fire Department standards;

11.

Upon submittal of a Final Commercial Development Plan, a list of building materials and the proposed color palette shall be submitted for review and approval;

12.

Upon submittal of a Final Commercial Development Plan, an elevation of any proposed fencing and/or retaining walls shall be submitted for review and approval. In addition, any retaining wall above four feet in height shall be designed by a Professional Engineer;

13.

Upon submittal of a Final Planned Commercial Development application, the location, size and noise rating of any exterior air handling equipment shall be submitted for review and approval. In addition, the equipment shall be screened from all adjacent properties, including rooftop facilities;

14.

Upon submittal of a Final Planned Residential Development, the location and size of the dumpsters shall be submitted for review and approval. In addition, the dumpsters shall be screened;

15.

Upon submittal of a Final Commercial Development Plan, the site plan shall be revised to provide a minimum 25 foot setback between the western most apartment building and the future 60 foot wide collector street right-of-way to be located along the west side of the property;

16.

The International Fire Code shall be continually met. In particular, fire hydrants shall be installed and operational prior to the issuance of a building permit and/or any construction on the site using combustible material(s). In particular, one on-site fire hydrant shall be provided for each structure. In addition, all weather access roads shall be constructed in compliance with the Street Design Criteria Manual in order to accommodate Fire Department apparatus;

17.

Upon submittal of a Final Commercial Development Plan, the site plan shall be revised to provide a temporary fire apparatus turnaround at the west parking garage entrance;

18.

An Air Quality Permit shall be obtained prior to any development work or construction in excess of one acre;

19.

The rear yard setback for the two apartment buildings is hereby reduced from 25 feet to 10 feet with the stipulation that Philadelphia Street be vacated prior to or in conjunction with approval of the Final Commercial Development Plan. In addition, the applicant shall enter into an agreement with the City to keep Philadelphia Street open until the street located along the north lot line is constructed. All other setback requirements as per the Office Commercial District shall be met;

20.

A maximum building height of 48 feet in lieu of 35 feet as per the Office Commercial District shall be allowed for the condominium buildings with the stipulation that additional landscaping be provided along the east, west and south lot lines of the subject property. The landscaping plans shall be submitted for review and approval upon submittal of a Final Commercial Plan; and,

21.

All provisions of the Office Commercial District shall be met unless otherwise specifically authorized as a stipulation of the Final Commercial Development Plan or a subsequent Major Amendment.