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Item No: 7B Meeting Date: November 13, 2012 Type of Business: Public Hearing City Administrator Review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Public Hearing - Resolution 8009, Consideration of an Amendment to the O’Neil Property Planned Unit Development (PUD) Agreement to Reduce the County Road 10 Setback Requirement at 2442 County Road 10; Planning Case PA2012-001 Introduction: Apple Tree Dental has a purchase agreement to buy the currently vacant building at 2442 County Road 10, on the southeast corner of County Road 10 and Long Lake Road. This property is zoned PUD, and is part of the O’Neil Property Planned Unit Development. Apple Tree plans to open a comprehensive dental clinic and house their corporate offices in Mounds View. They will be doing an extensive interior build-out, and need to make two additions to the exterior of the building. One of the changes to the exterior includes adding a stair tower to the middle of the northeast wall of the building (the County Road 10 side). This addition would encroach into the 30 foot setback from County Road 10 that is required in the PUD Agreement. Apple Tree Dental is requesting an amendment to the PUD Agreement to reduce the setback requirement to 20 feet. Discussion: The O’Neil Property PUD is a large development that includes the 2442 County Road 10 office building, Wynnsong movie theater, the small retail mall next to the theater, and the office building at 2408 County Road 10, next to Moe’s Restaurant. It also originally included another parcel that is now Moe’s parking lot. The City approved the O’Neil Property PUD in 1998, and since then there have been challenges with determining the right uses, vacancies and foreclosure. The 2442 County Road 10 property is considered Parcel A in the development, and there have been other PUD amendments for this parcel. This parcel was originally designated for a restaurant use. When attracting a restaurant wasn’t successful, the developer requested an amendment in 2003 to allow office use, and the current office building was constructed. After construction, the office building remained vacant until 2006 when the business “Let’s Get Graphic” showed interest, but they needed a large garage. Another PUD amendment was done to allow accessory buildings, and print production and fabrication businesses. The attached garage was then constructed on the building and Let’s Get Graphic moved in. They moved out a few years later, the building went into foreclosure and has been vacant ever since. The building at 2442 County Road 10 is setback 30 feet from the northeast property line (County Road 10 side), which is the required setback per the PUD Agreement. Apple Tree Dental is proposing to move the existing staircase that is currently in the middle of the building to the side of the building in a new stair tower that extends out from the side of the building. The exterior dimensions of the stair tower are 22 feet wide by 10 feet deep. This addition would then give the building a setback of 20 feet. City staff recommends that the trail be shifted over a few feet where it runs next to the stair tower to put some space between the building and the asphalt.