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• <br />PLANNING CASE NO. 453-96 <br />JULY 24, 1996 <br />PAGE TWO OF THREE <br />locate to the business park. The total parking stalls <br />provided on the site will total 500 parking stalls. As the <br />plans indicate, the parking spaces located on the east side <br />of the property will abut the property line. Section 1120.03, <br />Subd. 2, pertaining to commercial or Industrial Unit <br />Development, does not regulate the required setbacks for <br />nonstructures. Section 1120.03, Subd. 2a, states the <br />purpose of the subdivision is to establish special <br />requirements for the granting of a conditional use permit to <br />allow commercial or industrial PUD projects which meet the <br />permitted and conditional uses allowed in one or more <br />buildings in relation to an overall design and an integrated <br />physical plan. <br />Section 1121.09, Subd. 11, states "Curbing and <br />Landscaping: Except for single-family, two-family and <br />townhouses, all open off-street parking shall have a <br />perimeter curb barrier around the entire parking lot; said <br />curb barrier shall not be closer than five feet to any slot line. <br />Grass, plantings or surfacing materials shall be provided in <br />all areas bordering the parking area. <br />Staff is interpreting that because the PUD section does not <br />provide for parking lot setbacks, that Section 1121.09 would <br />not apply in this case. Therefore, the applicant would not to <br />obtain a variance to encroach five feet. Staff is wishing to <br />verify the Planningwith this <br />interpretation. <br />Staff is researching with Attorney Long whether a <br />conditional use permit and public hearing will be required for <br />the amendment. Staff anticipates bringing an opinion from <br />the Attorney to the Agenda Meeting. <br />The applicant is also requesting that the plans submitted be <br />accepted as the general concept plan and the final plan to <br />expedite the process of amending the PUD. <br />The plans have been submitted to the City Engineering <br />Consultant, SEH, for review and comments. Staff is also <br />