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HomeMy WebLinkAbout1980 05-08 PCP PLANNING COMMISSION AGENDA REGULAR SESSION May 8, 1980 . -a 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes: April 24, 1980 4. Chairman's Explanation: The Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 5. Darrel Farr Development Corporation 80015 Request for a variance from the Sign Ordi- nance Section 34: 140 2 1 (3) to erect a 36 square foot promotional sign to advertise the sale of condominiums at the Beach Condo- minium complex. 6. Dominion Development Corporation 80016 Request for site and building plan approval to construct two speculative industrial buildings totalling 171,046 square feet of floor space on land located west of Shingle Creek Parkway, north of 67th Avenue North. 7. 1.981-1985 Capital Improvements Program Staff will be prepared to discuss additional elements of the draft Capital Improvements Program with the Planning Commission. Among these will be the schedule for capital im- provement projects and an analysis of pro- jected revenues and expenditures. 8. Other Business 9. Discussion Items a) Draft language for Ordinance amendments relating to joint parking and off-site accessory parking. b) Proof of parking plan for the restaurant/ nightclub development in the Horsebarn and Hippodrome of the Earle Brown Farm. 10. Adjournment Planning Commission Information Sheet Application No. 80015 Applicant: Darrel A. Farr Development Corporation Location: 4201-4207 Lakeside Avenue North (The Beach Condominiums) Request: Sign Ordinance Variance The applicant is seeking a variance from Section 34-140, Subdivision 2, 1 (3) (copy attached) of the Sign Ordinance to erect a 48 sq. ft. freestanding sign at The Beach Condominiums that would read "Condominium Models Open". The purpose of the sign would be for selling dwelling units in that building. Variances from the Sign Ordinance requirements are authorized by Section 34-180 (copy attached) and the procedure is the same as that of a Zoning Ordinance Variance. The Ordinance states that variances from the literal provisions of the Sign Ordinance may be granted in instances where the strict enforcement would cause undue hardship because of circumstances unique and distinctive to the specific property or use under consideration. The provisions of this ordinance, considered in conjunction with the unique and distinctive circumstances related to the property,or uses thereof, must be the proximate cause of the hardship; circumstances caused by the property owner or the applicant, or predecessor in title shall not constitute sufficient justification to grant a variance. Variances may be granted only after demonstration by evidence that all of the following three qualifications are met: 1 . A particular hardship to the owner would result if the strict letter of the regulations were carried out; 2. The conditions upon which the application for a variance is- based are unique to the parcel of land, or the use thereof, for which the variance is sought and are not common, generally, to other property or uses thereof within the same zoning classification; 3. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. The applicant has submitted two .letters dated April 7, 1980 and April 18, 1980 in which they indicate the nature of the request and how they meet the Sign Ordinance Standards for Variances. They apparently are convinced that they need additional signery to assist in the marketing of the condominium units. Although they note (correctly) that a hardship is not typically defined as an economic hardship, they feel that economics do have relevance with respect to their meeting the qualifications of the ordinance. They state that a delay in marketing the units not only causes them additional costs in high interest rates, but also, causes higher prices which are passed on, thus creating a hardship for both perspective buyers as well as themselves. The applicant's letter notes that The Beach Condominium conversion project is the . only such project in Brooklyn Center and, therefore, it is a unique situation. 5-8-80 -1- 'Application No. 80015 They also state that the variance will not be detrimental to the public welfare or injurious to other property, but rather to the contrary the speedy completion of the sale of the units will be of benefit to the community and neighborhood for the following three reasons: First, it would cause the physical improvements to the property and the traffic associated with the construction and renovation tb be condensed in a shorter time span. Second, it would provide a completed product to .the people who have already purchased and are living in some inconvenience due to the lengthy marketing time and the disruptions inherent in the construction and rehabiliation activity. Third, it would more rapidly increase the valuation of the property for property tax assessment purposes. The. Planning Commission should consider a number of factors when evaluating whether or not the proposal meets the Variance Standards: 1 . An economic hardship, in� and of itself, cannot be sufficient justification for granting a variance. The provisions of the ordinance when considered with the unique and distinctive circumstances related to the property must be the cause of the hardship. The Commission and the City Council typically have looked at factors other than economics when determining a hardship such as does the strict interpretation of the ordinance deny the applicant something that he might normally be entitled to under the ordinance. It should be pointed out that the applicant is entitled to, and takes advantage of, other signery under the provisions of the ordinance for identification and directional purposes. The Beach Condo- minium complex can have, for instance, one 36 sq. ft. free- standing identification sign, plus one 10 sq. ft. wall identification sign per building and other necessary directional signs. Furthermore, the ordinance, although restrictive, does allow an additional 5 sq. ft. wall sign for the purpose of selling dwelling units. 2. It is hard to believe that the amount of signs, or the lack thereof, really creates a marketing hardship, rather than only an inconvenience. There are other marketing approaches and advertising means available to the applicant that could perhaps have even a greater effect on the marketability of the units than would an additional sign. At the time the applicant proposed the condominium complex in August and September of 1979, they indicated that they did not expect to completely sell out the complex for approximately two years. According to their April 7, 1980 letter, they have already sold 71 of 122 units (approximately 60%). It does not appear that the lack of additional signery is necessarily slowing down the conversion process and it could not be considered that the Sign Ordinance is creating a hardship which is putting them behind schedule in the conversion process. 5-8-80 -2- Application No. 80015 3. The Beach Condominium may be the first condominium conversion in Brooklyn Center, but it cannot be considered "unique". It is felt that other apartment complexes in the future may convert as well . A variance in this case would set a precedent for granting similar variances on signs for other conversion complexes. The section of the Sign Ordinance for which the variance is being requested also deals with the leasing of dwelling units within buildings containing two or more units. If this variance were granted, it might be argued successfully that any other apartment complex in a similar zoning district should also be entitled to additional freestanding signery to lease out vacant dwelling units in their building. If any action is taken at all , it would be adviseable to modify the ordinance, rather than deal with the matter through the variance procedure. 4. . If it is felt that the additional signery would speed up the marketability of the project and this is a necessary benefit to the community, then perhaps the applicant's contention regarding the nondetrimental effect on the community and the neighborhood might be accepted. Some people very well might consider additional signs to be a source of visual pollution which is detrimental to the community. As indicated above, it can realistically be anticipated that other requests for additional signery for similar purposes will be sought and the granting of these requests may not be to the community's or the neighborhood's advantage. Finally, it must be pointed out that the Sign Ordinance was designed as a restrictive ordinance to provide, as the ordinance statement of purpose indicates, "for necessary visual communication, to preserve and promgte a pleasant physical environment, to protect public and private property, and to encourage safety upon the streets and highways within the City of Brooklyn Center, by regulating the type, number, structure, size, location, height, lighting and the erection and maintenance of all outdoor signs and sign structures within the City." This factor might also be considered relevant to the Commission's consideration. The key wordsin the -state- ment of purpose seemed to be "necessary visual communication." The question is really whether or not this is necessary visual communication. • Based on the information supplied, it is not felt that the Standards for a Sign Ordinance are met and., therefore, denial of the application is recommended. 5-8-80 -3 Section 34-140 (continued) k. Courtesy bench signs, provided they are installed and maintained by a person, firm or corporation licensed by the City Council. 1. Real Estate signs as follows: (1) Temporary freestanding or wall signs for the purpose of selling or leasing individual lots or entire buildings provided that such signs shall be less than ten (10) square feet for residential property and thirty-two (32) square feet for other property and that there shall be only one such freestanding or wall sign per- mitted for each property. The sign must be removed within ten (10) days following the lease or sale. (2) A temporary freestanding sign for the purpose of announcing or promoting a new residential, commercial or industrial project development, provided that each residential project contains at least six (6) dwellings or lots. Further provisions are that one such sign is permitted for each major thoroughfare the project abuts; the signs shall be located at least one hundred thirty (130) feet from any pre-existing home; the signs are removed within two (2) years of issuance of the first building permit in the project or when the particular project is ninety (90) per cent sold out or rented, whichever is sooner; and each sign shall not exceed the following size limitations: Project area under 10 acres - 48 square feet Project area over 10 acres - 320 square feet (3) Wall signs for the purpose of leasing or selling dwelling units in buildings containing two (2) or more units, provided such signs shall be limited to five (5) square feet in area and to one (1) such sign per building. (4) Wall signs for the purpose of leasing portions of commercial or industrial buildings, such as offices or individual tenant areas, shall be limited to five (5) square feet in area and to one (1) such sign per wall facing a major thoroughfare. Said signs shall be located no higher than the ground floor height. 3. Permitted Signs Requiring a Permit A. Commercial (C-2) and Industrial (t=1 and-I-2) . Districts (1) Wall Signs and Projecting Signs. (a) Individual Establishments Individual detached establishments or enterprises not clustered in a shopping center complex or in a multi-tenant office or industrial building may have wall signs and projecting signs on each wall, provided the aggregate area of such signs does not ( exceed 30% of the area of the wall supporting the signs. (b) Clustered Establishments r Section 34-180. VARIANCES (ADJUSTMENTS) The procedure for obtaining a variance from the requirements of this ordinance shall be the same as set out in Section 35-240 of the Ordinances of the City of Brooklyn Center. The Board of Adjustments and Appeals may recommend and the' City Council may grant variances from the literal provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the specific property or use under consideration. The provisions of this ordinance, considered in conjunction with the unique and dis- tinctive circumstances related to the property or uses thereof must be the proxi- mate cause of the hardship; circumstances caused by the property owner or the applicant or a predecessor in title shall not constitute sufficient justification to grant a variance. A variance may be granted by the City Council after demon- stration by evidence that all of the following qualifications are met: 1. A particular hardship to the owner would result if the strict letter of the regulations were carried out; 2. The conditions upon which the application for a variance is based are unique to the parcel of land or the use thereof for which the variance is sought and are not common, generally, to other property or uses thereof within the sane zoning classification; 3. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. Section 34-190. ENFORCEMENT It shall be the responsibility of the City Manager to cause the requirements of this ordinance to be properly enforced and to administer the same. Section 34-200. SEPARABILITY AND VALIDITY Every section, provision, or part of this ordinance is declared separable from every other section, provision, or part to the extent that if any section, provision or part of the ordinance shall be held invalid, it shall not invalidate any other section, provision, or part thereof. Section 34-210. PENALTIES It shall be unlawful for any person, firm or corporation to erect, alter, repair, move, equip, or maintain any sign or sign structure or cause or permit the same to be done in violation of any of the provisions of this ordinance. Whoever does any act or omits to do any action which thereby constitutes a breach of any section of April 7, 1980 GJ , The Honorable Mayor and City Council Members City of Brooklyn Center- 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55340 Honorable Mayor and Council Members: I have enclosed a copy of a letter addressed to the governing body of the City of Brooklyn Center regarding a request for a sign variance at The Beach Condominiums. I hope you will take the time to seriously consider the contents of the letter. We have decided to mail it to you directly because we feel The Beach is a significant development in Brooklyn Center and its completion will provide much benefit to your community. Very sincerely, DARREL A. FARR DEVELOPMENT CORP. DARREL A. FARR President DAF:tcb Enclosure cc: Mr. Ron Warren Director of Planning and Inspection • City of Brooklyn Center Mr. Gerald Splinter City Manager ` City of Brooklyn Center �4RREL A. FARR . LOP/ ENr CORP. TELEPHONE 612/536-9936 4600 LAKE ROAD ROBBINSDALE !MINNESOTA 55422 • • I April 7, 1980 The Honorable Mayor and City Council Members City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55340 Re: Variance Request - The Beach Condominiums Honorable Mayor and Council Members: We are requesting a Variance pursuant to Section 34-180 of the City of Brooklyn Center Ordinances. Even though, as I will explain later in this letter, we meet the requirements necessary for a variance, I believe the heart of this matter is the benefits that accrue to the City and its constituents by the sale of The Beach Apartments to 122 owner-residents. When we considered converting The Beach to owner-resident status, we considered the following as significant: 1. The relative ease of marketing because of the property's exposure to Trunk Highway 100. 2. The age of the population of Brooklyn Center and the opportunity to provide housing for the residents of Brooklyn Center whose families have grown and who are pre- sently occupying the majority of the single-family houses built in the 50's and early 60's. 3. The attraction of condominium living to single or newly married individuals who are not interested, at this point in their life, of raising a family. The concept of providing housing like The Beach to open up single-family housing for young families with children is desirable in most metropolitan communities. Many cities in the country, Minneapolis in our area, are concerned about their aging population and the necessity to attract new .,., _ �RREL A. rARR LOWENr CORP. •` TELEPHONE 612/536-9936 4600 LAKE ROAD ROBBINSDALE, MINNESOTA 55422 ` • w • i • The Honorable Mayor and City Council Members April 7, 1980 _ Page Two and young families to maintain the vitality of the community. The first ring suburbs are not far behind in this phenomenon as the decline in school enrollments indicate. The biggest impediment to young families moving into the first ring suburbs is the lack of quality single-family dwellings where most people with families want to live. This is because these homes, that were once occupied by young families , are now occupied by those same families who have grown older. Alternative opportunities for housing these older people have not been available. We are not reaching this market in Brooklyn Center. With the exception of renters who purchased at The Beach, out of the 71 sold condominiums, we have attracted only three from the City of Brooklyn Center. We feel that our failure to attract Brooklyn Center residents, who in most cases want to stay in Brooklyn Center, is due in a large part to the lack of a reasonable size sign notifying Brooklyn Center residents that traverse Highway 100 on a regular basis that The Beach, which has been there for some eight years as a rental, is now available for ownership as a condominium. Specifically, to the requirements for the granting of the Variance to permit us to have a reasonable size site sign, we offer the following: 1. A hardship is not typically defined as an economic hard- ship, although in this case, the economics have relevance. A delay in the marketing of one Beach home at the current interest we pay (23%) creates additional costs in each dwelling unit of $958.33 per month. Some of this will be absorbed in reduced margin for us, but, obviously, a substantial portion will be passed on to the future owners and residents of Brooklyn Center in the form of higher prices. This certainly creates a hardship not only for us as a business in your community but precludes more and more residents as this continues, from purchasing in your k community. We believe the conditions upon which this application is based are unique to The Beach because to the best of my knowledge, there are no other condominium developments in Brooklyn Center. Because creating homes through apartment conversions to condominium homes is relatively new in our area, thought should be given to future realistic sign ordinances for other desirable condominiums within your community. The Honorable Mayor and City Council Members April 7, 1980 Page Three _^ The granting of the Variance will certainly not be detrimental to the public welfare or injurious to other property in the neighbor- hood. Quite to the contrary, the speedy completion of the marketing effort will do the following for the community and the neighborhood: 1. Cause the physical improvements to the property and the traffic associated with construction and renovation to be condensed in a shorter time span. 2. Provide a completed product to the people who have already purchased and are living in some inconvenience due to the lengthy marketing time and the disruptions inherent in the construction and rehabilitation activity. 3. More rapidly increase the valuation of the property for property tax assessment purposes. We hope that you can conclude from the above -that the granting of a Variance to permit us to put up a sign that is recognizable from Highway 100 to identify The Beach as a place in which home ownership opportunities are available is reasonable and proper. I realize that all governmental decisions are complex, but I would hope that the advantages to your community are substantial enough and this request simple enough so that a decision can be made without delay. Thank you for your consideration to this request. • Very sincerely, DARREL A. FARR DEVELOPMENT CORP. i r DARREL A. FARR • President DAF:tcb cc: Mr. Ron Warren Director of Planning and Inspection City of Brooklyn Center Mr. Gerald Splinter City Manager City of Brooklyn Center April 10, 1980 Mr. Darrell A. Farr, President Darrell A. Farr Development Corporation 4600 Lake Road Robbinsdale, MN 55422 Dear Mr. Farr: I received today a copy of a letter directed to the Mayor and members of the City Council regarding a request for a variance from the City's Sign Ordinance. The procedure for seeking a Sign Ordinance variance is the same procedure as that of a Zoning Ordinance variance. An application for a variance must be initiated by the owner of the subject property or his authorized agent and must be revieared by the Board of Adjustments and Appeals (Planning Commission) prior to being referred to the City Council for final action. We have supplied information and forms to a representative of yours approximately one month ago regarding the procedures for obtaining a Sign Ordinance variance. An application must be executed at least two weeks. prior to the next regular meeting of the Board of Adjustments and Appeals. The Planning Commission, sitting as a Board of Adjust- ments and Appeals, will hold its next regular meeting on Thursday, May 8, 1980 at 7:30 p.m. in the City Council Chambers.. If you wish to pursue a variance, an application must be executed and accompanied by a $15.00 filing fee no,later than April 24, 1980. I would also suggest that you provide additional information regarding the particular section of the Sign Ordinance from which you are seeking a variance and also, the size of the sign and the location of the sign you wish to construct. If I can be of further assistance in this matter, or if you have any questions or comments regarding the variance procedure, please do not hesitate to contact me. r p Sincerely, Ronald A. Warren Director of Planning and Inspection RAW:ml g /11Z April 18, 1980 Mr . Ronald Warren City of Brooklyn Center Director of Planning and Inspection 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: Sign Variance - The Beach . Condominiums Dear Mr . Warren; The Darrel A. Farr Development Corp. has submitted an application for a variance regarding site signage at the Beach Condominiums located in Brooklyn Center . We are requesting a variance from ordiance 34-140 subsection 2K3 . Our request is for permission to errect a 48 sq. ft. free standing sign with a height not to exceed 10 feet . The sign would be located in the most northernly and easternly boundaries of the Beach property . The message of the sign would read ; "CONDOMINIUM MODELS OPEN" . This sign would be temporary and would be removed upon the sale of 90% of the units in the development or 2 years from date of granting of a variance whichever occurs first . If you require any further information regarding this matter please feel free to contact me at 535-2275 . Sincerely, DARREL A. FARR DEVELOPMENT CORP . P. 4 OTHY P . EAGEN ., Project Manager , Beach Condominiums ' TPE:vmr 4RREL A. 64RR foe : LOPAIENr CORP. •L - , �� TELEPHONE 612/536-9936 4600 LAKE ROAD ROBBINSDALE, MINNESOTA 55422 t -LAKESIDE PARK— _ � •�•. a of ar f - '-- W A K _T►►1 0 I 51 ST AVE a-- �. I-2 - �i TWIN l� A I4. tl a+ee.•r J L A K E B R E E Z E• AYE f ` g% r.TWIN. ¢ ' t4LAKE5-4 a 7 BEACN .N ( PARK ` RO881r SDALE so • � 9 1 a = 1 r W 11-j Lj f i APPLICATION NO. - 80OW Planning Commission Information Sheet Application No. 80016 Applicant: Dominion Development Corporation Location: 67th Avenue North and Shingle Creek Parkway Request:_ Site and Building Plan Approval The applicant seeks site and building plan approval of two speculative industrial buildings to be located on Tract B of the new R.L.S. covering land north of Freeway Boulevard, west and south of Shingle Creek Parkway and east of Shingle Creek and the MTC property. The two buildings will be located on this property just north of the intersection of 67th Avenue N. and Shingle Creek Parkway. The principal buildings, totalling 164,546 sq. ft., .are proposed to be used 90% for industrial and 10% for office. A one-storey, 6,500 sq. ft. , office facility will be attached to the east end of the easterly building. The property is zoned I-1 and the proposed use is permitted in that zone. The proposed development will be served by a private roadway extending west of Shingle Creek Parkway at 67th Ave. North. This roadway will be 45' wide with a 15' drainage and utility easement on each side acting as boulevard area. Curb and gutter will be placed along the north side of the roadway. The applicant has requested that some curb and gutter along the south side of the roadway be deferred for up to three years until the property to the south is developed. Rolled bituminous would be recommended as temporary curbing for the interim period. The two industrial buildings are separated by a 30' driving lane and 10' of decorative rock treatment to either side for a total separation of 50' . All setback requirements are met by the proposed plan. Required parking for the site amounts to 86 spaces for all office space plus 192 spaces for all warehouse space for a total of 278. The applicant proposes to install 162 spaces within the construction limits of this development; 130 on Tract B and 32 on Tract C. Since each property must be able to provide sufficient parking for the development on it, a proof-of-parking for the remainder of Tract B (that part lying south of the private roadway) has been included with the plans. Since all of the tracts in this R.L.S. are covered by joint access and joint parking agreements, there seems to be no real legal barrier to installing 32 parking spaces on Tract C at this time. _ $The wareho fA. tentative a buildings will be 26' in height with painted, scored concrete block ��exterior. addition to the site and building plan is the addition on , the north wall of the easterly building of a 20 x 80 enclosed loading dock area. � A prospective tenant wishes to bring flatbed trailers into the enclosed area to � load and unload materials with cranes mounted inside the building itself Finished floor elevation for the warehouse will be 4' above the elevation of the loading Exterior treatment of the enclosed loading dock will be identical to that of the rest of the warehouse The applicant will be prepared to review with the Commission, a colored rendering of the proposed buildings at Thursday night's meeting. Ali loading docks will be located on the north side of the buildings to serve tenant spaces roughly 40' in width. 5-8-80 -1- Application No. 80016 The landscape plan proposes nine Hackberry trees, 22" to 3" in diameter, in the greenstrip along Shingle Creek Parkway and in the north boulevard of the private roadway. A total of 13 Spruce, 32' to 42' high are scheduled for the same areas. Numerous Japanese Barberries of the Redleaf and Greenleaf variety are to be planted at corners of the buildings shared by south walls. Four Mugho Pine are designated along the east edge of the parking lot serving the one-storey office space to provide required screening. Berming plans provide for some berming in the greenstrip north of the office, but will be reviewed by the City Engineer for possible impact on Shingle Creek Parkway traffic. Drainage of the southern portion of the site will be handled by a network of catch basins connected to City storm sewer which will drain ultimately into Shingle Creek. A holding pond on the western tip of Tract C will be provided in the future to help manage drainage of surrounding properties. Drainage of the open dock area will be handled by storm sewer flowing eastward to storm sewer line in Shingle Creek Parkway. All driving and parking areas other than the open dock area to the north of these buildings and possibly the south edge of the private roadway will be surrounded by B-612 curb and gutter to facilitate site drainage. Finished floor elevations of 848.5' for Spec. 10 and 848.0' for Spec 11 meet the require- ments of the City's draft Flood Plain Ordinance. Finally, it is recommended that the plans be amended in the future to indicate traffic control signs at appropriate locations such as the entrances to the main private roadway. The plans generally seem to be in order and approval is recommended subject to the following conditions: ' 1 . Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval -by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguish- ing system to meet NFPA Standards and shall be connected to a . central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all identification signery which is subject to Chapter 34 of the City Ordinances. 8. 8612 curb and gutter shall be provided around all driving and parking areas completely withiAhe construction limits of this development. 5-8-80 -2- Application 80016 9. Plan approval comprehends deferral of improvements to Tract B from the south edge of the main private roadway (67th Place) to the southernmost portion of Tract B. 10. Plan approval comprehends deferral of some curb and gutter improvements on the south side of the private roadway for a period not to exceed 3 years, pending development to the south. The financial guarantee shall not be released in its entirety . until such improvements are completed. 11 . Traffic control signs for the management of traffic on the site will be installed in accordance with the recommendations of the City Engineer. 12. . Plan approval is subject to the review and approval of the Fire Marshal with -regard to emergency access to all areas of the site. 5-8-80 -3- CITY MAINTENANCE BUILDING Y•11.I.��.l.L/• � �%n ���� F 14F PROPOSED ROADWAYS >----4 PROPOSED BRIDGES poll 1111111 21 SUMMIT d DRAFT ORDINANCE AMENDMENT Section 35-720 is hereby amended to read as follows (first paragraph as is) . With respect to - nondevelopment complexes , , separate individual establishments, the City Council may approve the joint use of common parking facilities under the following condition: 1. The building or use for which application is made to utilize the off-street parking facilities provided by another building or use shall be located within 800 feet of such parking facilities; and shall not be separated by a building or use with which it does not share parking facilities in the manner prescribed by this Ordinance. In no case will joint parking facilities be located a�or thoroug fined by Sect' ,,vt- across those streets listed- in Section 35-701: 3F. 2. The applicant shall show and the City Council must determine that there is no substantial conflict in the principal operating hours and parking demands of the two buildings or uses comtemplating joint use of off-street parking facilities. 3. A properly drawn legal instrument providing for joint use of off-street parking facilities, duly approved by the City Council as to form and manner of execution shall be filed as an easement encumbrance upon the title of the property. Section 35-701:3 is hereby amended to read as follows: 3. Ordinance required parking Spaces accessory to uses lo- cated in a business or industrial district shall be on the same lot as the uses served unless a special use permit authorizes [supplementa J accessory off-site parking not located on the same property with the principal use. Special use permits authorizing such parking may be issued subject to the following conditions: (a) Special use permits may be issued only for business or industrial uses which have been con- tinuously operational on a specific site for at least two years. (b) Accessory off-site parking shall be permitted only on properties located in districts zoned commercial (Cl, C1A, C2) and industrial (I1, I2) ,. and on properties which are institutional uses in residential zones, and having the same or less restrictive zoning classification as the principal use. For the purposes of this Section of the Ordinance, institutional uses in residential zones shall have the same status as Cl zoned property. (c) -- Accessory off-site parking shall be limited to one site per each business or industrial use issued a special use permit. (d) The distance from the furthest point of the accessory off-site parking property to the site of the principal use shall not exceed (300) 800 feet. (e) A minimum of 20 parking spaces must be provided on the off-site parking property. (f) Accessory off-site parking shall be located such that pedestrian traffic will not be required to cross the following roadways to reach the principal use: (1) Major thoroughfares as defined in Section I 35-900; (2) 55th and 56th Avenues North between Xerxes Avenue ,. and Brooklyn Boulevard; (3) Summit Drive; (4) 66th Avenue North between Lyndale Avenue North and Camden Avenue North. (g) Accessory off-site parking spaces may be credited to the parking requirements of the principal use if the off-site parking property is legally encumbered to the sole purpose of providing parking accessory to the principal use. (h) Accessory off-site parking site improvements shall be provided as required by the City Council. Section 35-900 is hereby amended to include the following: Parking, Accessory Off-site - A legal arrangement in which parking spaces. located on a property other than that of the principal use to which they are accessoryAw are encumbered solely for use by the off-site principal use. Such spaces may be credited to the ordinance parking requirements of the principal use by special use permit if the requirements of Section 35-701 are met. Parking, -Joint - An easement agreement over certain property which gives a use located on a nearby or adjacent property the right to make use of parking stalls within the easement area. Such agree- ments are for the convenience of the respective uses which share the same parking stalls at different times and cannot be used to meet proof-of-parking requirements for the off-site use. (See accessory of parking which provides for meeting proof-of parking re- quirements off-site. )