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HomeMy WebLinkAboutResolution 5041 . . . RESOLUTION NO. 5041 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE JOINT USE OF PARKING FACILITIES AT MOUNDS VIEW SQUARE SHOPPING CENTER AT 2535-2585 HIGHWAY 10; PLANNING CASE NO. 461-96. WHEREAS, Mounds View Square Assoc, LLP has applied for a conditional use permit to allow joint use of parking facilities at Mounds View Square Shopping Center at 2535-2585 Highway 10, which property is described as follows: Part lying northeasterly of the centerline of State Trunk Highway 10 of NE 1/4 of N 1/4 (.~ubject to Roads and Highways) in Section 7, Towmlhip 30, Range 23 WHEREAS, the Mounds View Square Shopping Center is located in the B-3 zoning district; and, WHEREAS, the site plan for the Mounds View Square Shopping Center was approved in 1989 which the provision of 503 parking spaces; and, WHEREAS, the property owner obtained approval of a variance in parking requirements to allow the use of26 parking spaces for construction of trash dumpster enclosures, which resulted in the reduction of parking on the site from 503 to 477 spaces; and, WHEREAS, the City has determined by previous decisions that the 477 parking spaces are sufficient to provide parking for the square footages and uses approved for the Mounds View Square Shopping Center; and, WHEREAS, the property owner is proposing to make the following changes in square footages and uses on the site at some time in the future: Use Retail: Storage: Dining: Kitchen: MaII/Maintenance/Restrooms Existing Square Footage 62,005 16,645 8,050 6,060 9,275 Existing + Expansion Square Footage 66,005 (+4,000) 17,645 (+1,000) 11,290 (+3240 net) 7,320 (+1260net) 9,275 Total 111,535 102,035 . . . City Council Resolution No. 5041 November 25, 1996 Page 2 WHEREAS, the changes in square footages result from the removal of the Hardee's and Bridgeman's Restaurants (4,800 sq.ft. in dining and 2,700 sq,ft. in kitchen) and the addition of two larger dinner house style restaurants, and the addition of 4,000 square feet of retail space and 1,000 square feet of storage space in the main retail building; and, WHEREAS, the Mounds View Zoning Code allows for a conditional use permit to be granted for joint use of parking where there are offsetting daytime and nighttime uses; and, WHEREAS, the Mounds View City Council has reviewed the following materials submitted by the applicant as part of this conditional use permit request: I, planning application 2, zonmg map 3, site plan showing square footages at Mounds View Square 4. letter from Paster Enterprises dated October 3, 1996 WHEREAS, the Mounds View City Council does hereby make the following findings of fact regarding the requirements for granting of a conditional use permit for joint use of parking as set forth in Section 1121.15 Subd. l,b.(6) of the Mounds View Zoning Code: (a) The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within three hundred feet (300') of such parking facilities and not separated by a public way. All of the uses proposed as part of this joint parking arrangement are also part of a coordinated shopping center. Because of the distribution of retail space and the parking, it is feasible for customers to find parking within 300 feet of their destination, A condition has been included in this recommendation of approval that would require employees to park in spaces behind the main retail building, to assure that the maximum parking is available for customers. (b) The applicant shall show that there is not substantial conflict in the principal operating hours of the two (2) buildings or uses for which joint use of off-street parking facilities is proposed, The Zoning Code acknowledges that restaurants are primarily nighttime uses, and retail businesses are primarily daytime uses. It should also be noted that, because of its size and the variety of tenants, customers at Mounds View Square would be expected to combine trips and use several different businesses. An allowance for some overlap in parking requirements is logical in a shopping center of this size, (c) A properly drawn legal instrument, executed by the parties concerned for joint use of off- street parking facilities, duly approved as to form and manner of execution by the City . . . City Council Resolution No. 5041 November 25, 1996 Pagc 3 Attorney, shall bc filcd with the City Clerk-Administrator and recordcd with the Rcgister of Deeds, Ramscy County. A condition has been included in this recommendation of approval that joint parking and access easements be recorded against the property for the benefit of all tenants prior to any development reviews being approved or building permits being issued for the proposed expansion or the dinner house restaurants. WHEREAS, the Mounds View City Council does hereby find that the criteria for granting of a conditional use permit for joint use of parking have been met. WHEREAS, the Planning Commission has granted a variance in the parking ratios which apply to the uses in Mounds View Square such that the parking required for the expanded shopping center would be 492 spaces (Resolution No, 485-96; Planning Case No. 463-96), The approval of the revised parking ratios is a prerequisite to City Council approval of this conditional use permit for joint use of parking facilities, NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve the conditional use permit for joint use of parking facilities at Mounds View Square Shopping Center with the following conditions: I, The parking ratios applicable to the addition and deletion of square footage proposed by the applicant in Planning Case No. 461-96 and 463-96, and as shown in #2 below, shall be as follows: Rctail Space Dinncr Housc Stylc Rcstaurants Storage, Etc 4.5 spaces per 1000 square fcet 1 space per 80 squarc feet of dining or kitchcn arca no parking requirement for areas in storage, maintenancc, restrooms or the enclosed mall area 2, The existing 477 parking spaces on the property are deemed adequate to serve the square footage and uses in place as of this date, which include the following: Use Rctail: Storage: Dining: Kitchen: Mall/Maintenance/Restrooms Existing Square Footage 62,005 16,645 8,050 6,060 9,275 Total 102,035 . .' .. City Council Resolution No, 5041 November 25,1996 Page 4 3. Prior to issuance of any building permits for changes in square footage at the Mounds View Square Shopping Center, other than interior remodeling, the property owner shall obtain approval for development review as provided in Section 1006.06 of the Mounds View Municipal Code. 4, The reduction in parking spaces required shall be from 492 spaces to 454 spaces or 38 spaces, which represents an 8% reduction in the parking requirement each for daytime uses (256 x ,08 = 21) and for nighttime uses (236 x .08 = ]8). 5. The property owner shall require of its tenants that employees park in the parking spaces behind the main retail building to the extent parking is available, to assure that the maximum parking is available for customers. The property owner shall supply to the Director of Community Development a copy ofa notice to the tenants of this requirement prior to issuance of any building permits for the proposed expansion or the dinner house restaurants. 6, The property owner shall submit a joint parking and access easement, allowing for use of the parking area and access drives by all of the tenants in the shopping center, for approval by the Community Development Director. The easement shall be recorded against the property for the benefit of all tenants concurrent with any development reviews being approved and prior to any building permits being issued for the proposed expansion or the dinner house restaurants. ADOPTED this 25th day of November, 1996 ATTEST: @2,[ W~ Charles Whiting, City Clerk- dmmlstrator (SEAL) c:\oft"ice\wpwin\wpdocs\devcascs\46 1-96\rcsoS041 ,cc