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ATTACHMENT 5 PUD- 85- 10 -7M, Peter Shutts /Goble Properties Application for a Planned Unit Development (PUD) Major Modification and development plan to demolish an existing drive- through bank building and related site improvements and construct an approximately 2,530 - square -foot, one -story commercial building in its place at the property located at 5765 Valley Avenue. Zoning for the property is PUD -C -C (Planned Unit Development — Central - Commercial) District. Mr. Otto summarized the staff report and detailed the background, scope and layout of the proposed project. Commissioner Blank inquired whether the Commission could include a condition that there be no grill or deep frier on -site to obviate the concern about a potential fast -food restaurant. Mr. Otto confirmed that it would be possible to modify the PUD to include that proposed condition. THE PUBLIC HEARING WAS OPENED. Peter Shutts, project architect, 4133 Mohr Avenue, described the background of this property and application. He added that the applicant had worked with Peet's Coffee to develop a project with sufficient parking and noted that there would be reciprocal parking with Hopyard Village. Ile noted that there was a condition whereby no other type of restaurant facility could go in as long as Peet's Coffee was there and that the second tenant may not be a fast -food facility. I Ie noted that should Peet's Coffee move, which was extremely unlikely in a successful location, he did not want that specific requirement to persist as a condition in perpetuity. The applicant was fully supportive of the other conditions and modifications. In response to Chairperson Fox's request, Mr. Shutts demonstrated and described the placement of the shrubbery around the building. In response to an inquiry by Chairperson Fox regarding whether there were any space near the sidewalk to accommodate an outdoor seating area, Mr. Shutts confirmed that was included within the exhibits. He demonstrated the area on the overhead screen and added that Peet's Coffee was expected to have some outdoor tables and chairs. I le noted that a second area near the smaller tower contained a hardscape area where potential seating contribution located, although it was not intended for food service. In response to an inquiry by Commissioner O'Connor regarding the width of the front sidewalk, Mr. Shutts replied that was it approximately eight feet wide and anticipated a two -foot overhang; net circulation was approximately four feet. He added that it was fully ADA compliant. He added that this was a good site that had been vacant for years. He had spoken to many people who wanted to see Peet's Coffee at this location. THE PUBLIC HEARING WAS CLOSED. EXCERPTS: PLANNING COMMISSION MEETING MINUTES, February 14, 2007 Page I of 2