HomeMy WebLinkAbout2002-04-18 NAC Memorandum14 V KTHWEST ASSOCIATED CONSULTANTS, INC.
5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416
Telephone: 962.696,9636 Facsimile: 962.595.9837 planners @nacplanning.com
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TO: Kimberly Kamper
FROM: Scott Richards
DATE: April 18, 2002
RE: oak Dark Heights — Montanari office Building:
Planning Commission Action
FIDE NO: 708.02 — 01.17
The Planning Commission, at their March 14, 2002 meeting, recommended on a
three /two vote the planned unit development/conditional use permit, preliminarylfinal
plat, and site plan /Design Guideline review for an office building at 13481 North 60
Street. The proposed building site is located on the south frontage road of Highway 36,
between the Eagles Club and McCormack's Furniture.
Zoning for the property is Central Business District and was included in the area of the
Central Business District Urban Design study. As a result, the provisions of the Central
Business District Design Guidelines apply to the proposed project.
The planned unit development/conditional use permit and the preliminarylfinal plat is
required in that the site will be divided into condominiums. An additional conditional use
permit is required to allow flexibility from the City's off - street parking supply
requirements and for a joint parking allowance.
Planning staff had recommended that the Planning Commission, at their March 14,
2002 meeting, hold on any recommendations until additional information and issues
related to the Declaration of the Cross Easements with the Eagles Club had been
resolved. Specifically, staff had asked the developer for a preliminarylfinal plat for the
condominiums and for a utility plan. The requests for these two items had been
included in the first planning report dated December 6, 2001. The applicant provided
these items for review on April 12, 2002. Additionally, the applicant provided a signed
copy of the Declaration of Easements.
The most significant concern with this development is the provision of adequate parking.
With proof of parking, the applicants are proposing 53 parking stalls on the subject
property. The Zoning ordinance requirement for the proposed office building is 90
parking spaces. The central Business District Design Study formula for parking would
require at least 52 spaces if there is a possibility for cross utilization of parking or for on-
street parking. In that there is no on- street parking in this portion of the Central
Business District, cross utilization of parking with an adjacent property is a necessity.
The applicant has negotiated a Declaration of cross Easements with the Eagles but that
agreement allows for the declaration to be terminated by either party with 00 days
notice. Additionally, there is no provision in the agreement to allow the city to approve
or deny an amendment. The city Attorney has raised concerns with the document in a
March 14, 2002 e-mail, as attached.
An open ended declaration does not provide any assurances that adequate parking
would be provided for this development. A conditional use permit is required to allow for
a reduction in parking stalls from the parking standards of the Zoning ordinance and to
allow an off -site parking allowance. Without an agreement that includes provisions for
City agreement to termination, a conditional use permit to reduce parking cannot be
recommended by staff.
A finding of fact has been prepared for city Council action on this matter reflecting a
denial of the application. A finding of fact with a favorable approval has also been
drafted with a condition added that the applicant negotiate an easement agreement with
the Eagles that is acceptable to the city Attorney.
PC: Cris Danielson
Mark Vierling
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