08/06/2007 Council Packet - Laserfiche WebLink

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Staff has computed the required parking for the site under existing conditions based on; 1) square footage and use of suites as indicated on individual building permits; 2) employment figures for maximum work shift (when applicable), provided by the tenant; and 3) the parking parameters specified within the zoning ordinance for each respective use. The total parking required based on the existing uses is 116. This leaves a total of 17 parking spaces available to accommodate additional users of the vacant suites. It should be noted however that the remaining vacant square footage if occupied by retail uses would require 20 parking spaces leaving a deficit of three spaces. Occupancy of these suites will be reviewed at the time of building permit issuance to insure conformance with the parking requirements. Additionally, a parking study was conducted by the owner's traffic consultant TDI, Inc. Parking counts were taken each half hour from 10:30 a.m. to 7:00 p.m. on both Tuesday, July 10, Friday, July 13 and from 3:30 p.m. to 7:00 p.m on Saturday, July 14. The study also included evaluation of queues at the bank drive through lane that have the potential to impact parking on the south side of the bank. A letter and results of the study are attached. The study does not provide any information addressing whether or not the shopping center is in conformance with ordinance requirements. However, the study identifies that during the days observed the total number of parking spaces occupied at any given time was under fifty with the largest occupancy (48) recorded at 6:00 p.m. on Tuesday, July 10. The study also provided information regarding the frequency of the bank drive through use. Opinion As stated in Section 3, Subdivision 5 of the City's Zoning Ordinance the purpose for the regulation of off -street parking is to alleviate or prevent congestion of the public right -of- way. In other words the City's purpose for establishing off -street parking requirements is to insure that private business activities do not impose a burden on the public from traveling on adjacent public streets. However, this purpose should not be construed to mean that legally parked vehicles on Ware Road are in violation of the City's parking ordinance. Parking is allowed on Ware Road which is of sufficient width to accommodate parallel parking on street. Parking at Spirit Hills Commercial Center has not created congestion of the public right -of -way adjacent to the site. While it can be argued that the parking study was conducted during a slow time of the year, the counts show that during the majority of the day and evening approximately 2/3 of the parking spaces were unoccupied. Use of the bank drive through was also extremely infrequent. Given the limited use and temporary nature of vehicles using the drive through, use of the southern bank parking area does not appear to be an issue. It should also be noted that the conflict between cars parked and drive through users (outside lane) is non existent after the bank closes which corresponds with the peak period of the remainder of the shopping center. Overall, the off -street parking provided at the Spirit Hills Commercial Center is in conformance with the City's Zoning Ordinance. This determination is based on the 2 •