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Planning Commission Agenda Packet 04-03-1990AGENDA REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, April 3, 1990 - 7:30 p.m. Members: Dan McConnon, Mori Malone, Richard Martie, Cindy Lemm, Richard Carlson 7:30 p.m. 1. Call to order. 7:32 p.m. 2. Approval of minutes of the regular meeting held March 6, 1990. 7:34 p.m. 3. Public hearing - A variance request to allow construction of an attached garage within the side yard setback requirement. Applicant, Daniel Whaylen. 7:54 p.m. 4. Public hearing - A variance request to allow construction of an attached garage within the side yard setback requirement. Applicant, John Borash. 8s 14 p.m. 5. Public hearing - A conditional use request to allow a car wash in a PZN (performance zone mixed) zone. Applicant, Dean Hoglund. 8:39 p.m. 6. Consideration to review potential amendments to the hard surfacing and curbing requirements of the ordinance. ADDITIONAL INFORMATION ITEMS 9:09 P.M. 1. Variance request to allow no curbing or hard surfacing in certain areas of a driving area and loading/unloading area. Applicant, Martie's Farm Service. Council action: Denied variance request. Notion to direct staff to prepare potential amendments to the hard surfacing and curbing requirements of the ordinance. 9:11 p.m. 2. Consideration of preliminary plat application, Plant 20 subdivision. Applicant, Remmele Engineering, Inc. Council actions Approved as per Planning Commission recommendation. 9:13 p.m. 3. Consideration of adopting a resolution finding the Remmelo TIF plan to be consistent with the comprehensive plan for the City. Council action: Approved as per Planning Commission recommendation. Planning Commission Agenda April 3, 1990 Page 2 9:15 p.m. 4. A rezoning request to rezone an R-1 (single family residential) lot to PZM (performance zone mixed) zone. Council action: Denied as per Planning Commission recommendation. 9:17 p.m. 5. A conditional use request to allow a car wash in a PZM (performance zone mixed) zone. Applicant, West Side Market. Council action: No action necessary, as the request did not come before them. 9:19 P.M. 6. Set the next tentative date for the Monticello Planning Commission meeting for May 1, 1990, 7:30 p.m. 9:21 p.m. 7. Adjournment. on MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, March 6, 1990 - 1:30 p.m. Members Present: Dan McConnon, Mori Malone, Richard Martie, Cindy Lemm, Richard Carlson Members Absent: None Staff Present: Gary Anderson, Jeff O'Neill, 011ie Koropchak 1. The meeting was called to order by Chairperson Dan McConnon at 7:33 p.m. 2. Motion was made by Cindy Lemm and seconded by Richard Martie to approve the minutes of the January 2, 1990, Planning Commission meeting. Motion carried unanimously with Dan McConnon abstaining. 3. Motion was made by Richard Carlson and seconded by Mori Malone to approve the minutes of the February 6, 1990, Planning Commission meeting. Notion carried unanimously with Cindy Lemm and Richard Martie abstaining. 4. Public Hearinq - A variance request to allow no curbina or hard surfacing in certain areas of a driving area and loading/unloading area. Applicant. Narti.e's Farm Service. Gary Anderson, Zoning Administrator, explained to the members of the Planning Commission and also to members of the public that were present that the applicant, Martie's Farm Service, requested no concrete curbing and no hard surfacing in certain areae of the driving area and the loading /unloading area. Mr. Anderson explained the three separate areas where Mr. Martie was proposing to not install concrete curbing and hard surfacing. Mr. Anderson expla ined City staff's recommendation in regard to Mr. Martie's request that staff would like to see the areas be hard eu rfaced with curbing around its area perimeters. The rationale for the hard surfacing and concrete curbing in these areae is as follows: Area 1 will be the area for the semi -truck tractor trailer to utilize for maneuvering to back the trailer to the loading/unloading area. The areas highlighted in Area 2 would be the area located on the east side of the building where Mr. Martie was proposing four overhead garage doors. This area would be for the use of products which are brought into this portion of the building, and we felt that this area also would need the hard surfacing and the curbing. Area 3, which is on the west side of the building In the leanto area, will Page 1 9) Planning Commission Minutes - 3/6/90 have products that Mr. Martie will be selling, and those areas, where they need to pick up the products which are stored there, also need hard surfacing with curbing around its perimeter. Mr. Martie also showed utilizing an existing driveway approach near the southwest corner of his property. City staff suggested that if this is going to be utilized for his own use, a gate be put across this driveway opening to limit the use of his personnel or the public that would come to patronize his business. Chairperson Dan McConnon opened the meeting for public input. There being no input from the public, Mr. McConnon then opened the meeting for any comments from the applicant, Mr. Russ Martie, who was present at the meeting. Mr. Martie commented that the three areas which he proposed for no hard surfacing or curbing would be very limited in use. Area 1 is utilized only for the movement of the semi -truck tractor. Area 2 is utilized only by his own personnel to bring his own products into that portion of the building. In Area 3, the product which is in storage under the leanto is a very insignificant part of his business. This product is basically for the convenience of having it for his customers. Gary Anderson, Zoning Administrator, asked Chairperson Dan McConnon to read a letter he had received from an affected property owner. A letter was then read from NAWCO expressing their concern not to approve the variance requests. Mr. Jeff O'Neill, Assistant City Administrator, explained to Planning Commission members the procedure used in the variance application process. He explained how the definition of hardship had not been clearly demonstrated in Martie's Farm Service request. 011ie Roropchak, Economic Development Director, explained to Planning Commission members the intent when they approved the resolution at the regular meeting on January 2, 1990, for the Housing and Redevelopment Authority's modified redevelopment plan for Redevelopment Project 1, modified tax increment financing plans for Tax Increment Financing Districts 1-1 through 1-6, and a tax increment financing plan for Tax Increment Financing District 1-9. The intent was that all the minimum requirements of the ordinance were to have been met when that resolution was approved. Page 2 0 Planning Commission Minutes - 3/6/90 Chairperson Dan McConnon opened the meeting for any input from the Planning Commission members. The Planning Commission members discussed whether curbing and hard surfacing should be installed in Mr. Martie's project with interpretation from Mr. Martie as to how his use of those areas compares to the use that the City staff indicates that Mr. Martie would be intending and how it relates to the minimum requirements cf the ordinance. A motion was made by Cindy Lemm to deny the variance request to allow no curbing and hard surfacing in certain areas of a driving area and a loading/unloading area. Reason for denial is failure of the applicant to demonstrate the hardship that is created. Also, prior approval of the Monticello Planning Commission at its January 2, 1990, meeting for the use of tax increment financing for this project indicated that this project met the minimum requirements of the Comprehensive Plan and the Monticello City Zoning Ordinance. The motion died for lack of a second. A motion was made by Richard Carlson and seconded by Richard Martie to approve no concrete curbing and no hard surfacing of the areas outlined as Area 1, the semi -truck tractor maneuvering area on the east side of .he loading/unloading area, and Area 2, the area of the four overhead garage doors, with the exception that a gate be installed on the entrance from the loading/unloading area on the north side of the property. Motion required the hard surfacing with concrete in Area 3 with the exception of a 12 -foot area on the south side of this loading/ unloading area with that 12 -foot opening to be installed with a gate over its 12 -foot width. Voting in favor: Richard Martie, Richard Carlson, Dan MCConnon. Opposed: Mori Malone and Cindy Lemm. Public Nearinq - Consideration of a preliminary plat application. Plant 20 Subdivision. Applicant, Remmele Engineerina. Inc. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members and members of the public Remmele's proposed industrial subdivision plat and replat of platted and unplatted land. The proposed new plat will consist of one large industrial lot with two outlots. The northeast outlot will consist of an 80 -foot street right-of-way for proposed Fallon Street and the southeast outlot to be additional right- of-way for the proposed Fallon Street alignment. Page 3 Planning Commission Minutes - 3/6/90 Remmele Engineering was represented at the meeting by their attorney, Mr. Larry Griffith, and his associate, and Mr. Mike Pudil and Mr. Red Heitkamp from Remmele Engineering. Mr. Griffith explained to Planning Commission members the progress that had taken place to present their preliminary plat before the Planning Commission and asked for consideration that the preliminary plat be approved and a recommendation be made to the City Council that they approve the preliminary plat as a final plat. Motion was made by Cindy Lemm and seconded by Richard Carlson to approve the preliminary plat application for the proposed new Remmele Plant 20 subdivision and to recommend to the City Council that they approve the final plat for this proposed subdivision plat. The motion carried unanimously. SEE PLANNING COMMISSION RESOLUTION 90-3. 6. Consideration of adopting a resolution findinq the Remmele Tax Increment Financing Plan to be consistent with the comprehensive plan for the city. Mr. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members that the proposed tax increment financing plan would be consistent with the comprehensive plan for the City of Monticello. Mr. Mike Pudil explained to Planning Commission members the proposed site plan for the layout of their building on their newly replatted lot. Their initial plans consist of a 23,000 square foot manufacturing facility with three additional proposed expansions at some future date totaling up to 94,000 square feet of building area. With no further input from the public or from the Planning Commission members, a motion was made by Mori Malone and seconded by Richard Martie to adopt the resolution finding the Housing and Redevelopment Authority's Modified Redevelopment Plan for Redevelopment Project 1, Modified Tax Increment Financing Plan for Tax Increment Financing Districts 1-1 through 1-9, and Tax Increment Financing Plan for Tax Increment Financing Districts 1-10, all located within the Redevelopment Project 1, to be consistent with the comprehensive plan for the city. The motion carried unanimously. SEE PLANNING COMMISSION RESOLUTION 90-4. Page 4 Planning Commission Minutes - 3/6/90 7. A rezoning request to rezone an R-1 (single family residential) lot to PZM (performance zone mixed) zone. A conditional use request to allow a car wash in a PZM zone. Applicant, West Side Market. Mr. Jeff O'Neill, Assistant Administrator, summarized the request to the Planning Commission members and members of the public starting with the development history. Prior to its present use, it was a combination supper club/on-sale liquor establishment known as Charlie's West. The use of this previous establishment was an existing non -conforming use. The existing use for West Side Market was allowed, as it was less non -conforming than the non -conforming use that had previously existed. Also, they went through the conditional use process to allow the dispensing of motor fuels at this site. PZM District Summary The intended proposed PZM (performance zone mixed) use allows certain B-2 (limited business) uses and R-3 (medium density residential) uses within the same zone. The convenience store is an allowable use in the PZM zone. Mr. O'Neill moved on to the site plan review. The applicants are proposing to construct onto the north side of their building a deli addition with a seating capacity of 20-30 people. Part of the area located immediately east of that proposed addition would be used for the equipment area for the proposed car wash addition, and the other half would be utilized for the existing convenience store storage. On the north side of this proposed deli and equipment room storage area a four -bay self-service car wash addition would be constructed. The site plan as submitted does meet the minimum requirements of the off-street parking and off-street magazine or stacking area for automobiles in front of the proposed car wash addition. Zoning Ordinance/Comprehensive Plan Rezoninq Decision Criteria. Review of the criteria required under the municipal comprehensive plan indicates that this proposed rezoning use would be relative to commercial policies 1, S, 8, and 9 of our municipal comprehensive plan. Page 5 ❑E Planning Commission Minutes - 3/6/90 Geoqraphy and Character of the Area Review given of whether such use will tend to depreciate the area and also whether there is a demonstrated need for such use of the rezoning in this particular area. Chairperson Dan McConnon opened the public hearing. Two separate members of the public presented petitions to the chairperson to be read indicating their desire not to approve the rezoning of this area for a proposed car wash addition. Other concerns brought up from the public were the following: A. Too much congestion in the area already, particularly during the start and close of the school day. Traffic on Sandy Lane is heavy at this time. B. Light from the convenience store shines onto adjoining properties. C. Once an area is rezoned, does it stop any additional areas from being rezoned? D. There are four places of business where one can wash a car in town. Why is there a need for an additional car wash? E. The school is adjacent to the area in question and there are a number of small children in the area. Will they be affected by the increased business traffic? Chairperson Dan McConnon closed the public hearing and opened the meeting for input by the Planning Commission members. A question was raised by the Planning Commission members about what they did in 1987 in approving the use of a convenience store with the conditional use request for dispensing of motor fuels. They felt it was definitely an improvement for the area compared to the use that existed previously. The rezoning that currently exists was put in place for many reasons. The most apparent reason would be to discourage any other use of the property in the area except for the R-1 zoning use. Page 6 Planning Commission Minutes - 3/6/90 A motion was made by Mori Malone and seconded by Richard Carlson to deny the rezoning request to rezone an R-1 (single family residential) lot to PZM (performance zone mixed), based on the finding that they did not want to endorse this spot zoning request and the increase in traffic that would be generated by additional uses of this business. The motion carried unanimously. ADDITIONAL INFORMATION ITEMS: 1. Consideration of adopting a resolution of the Monticello Planning Commission finding the Housing Redevelopment Authority's Modified Redevelopment Plan for Redevelopment Project 1, Modified Tax Increment Financing Plans for Tax Increment Financing Districts 1-1 through 1-8, and Tax Increment Financing Plans for Tax Increment Financing District 1-9, all located within Redevelopment Project 1, to be consistent with the Comprehensive Plan for the city. The City Council approved as per Planning Commission recommendation. Mr. Jeff O'Neill, Assistant Administrator, explained K-MART's proposed project to Planning Commission members. The proposed project is consistent with the City of Monticello's Comprehensive Plan. A motion was made by Cindy Lemm and seconded by Richard Martie to approve the resolution of the Monticello Planning Commission finding the City's proposed development program for Development District 1, the proposed Tax Increment Financing Plan for Tax Increment Financing District 1-1, located within Development District 1, to be consistent with the comprehensive plan of the city. The motion carried unanimously. 2. A motion was made by Richard Martie and seconded by Richard Carlson to approve the tentative date for the next Monticello Planning Commission meeting for Tuesday, April 3, 1990, at 7:30 D.m. 3. A motion for adjournment was made by Mori Malone and seconded by Richard Martie. Meeting adjourned at 9:43 p.m. Respectfully /submitted, C,ery' Anderson Zoning Administrator Page 7 0 Planning Commission Agenda - 4/3/90 3. Public hearing - A variance request to allow construction of an attached garage within the side yard setback requirement. Applicant, Daniel Whaylen. (G.A.) A. REFERENCE AND BACKGROUND: Nr. Whaylen is proposing to build a detached garage within the side yard setback requirement. On the enclosed site plan, you will note that when the house was built, it was pretty much centered right on the lot with the exception that it has an abnormal depth to the house in relationship to the other houses, the typical front yard setback requirement being 30 feet. The present layout of the house consists of the bedrooms on the north side of the house, and the living room, kitchen, and dining room are on the south side of the house. The front entry to the house is right in the center of the house; therefore, Kr. Whaylen has chosen to place the garage in a location not obstructing the front entrance door or the view from the living room on the south portion of the house. This is an existing platted lot back in the Original Plat addition where no drainage and utility easements were placed on properties at that time. You will note the proposed location of his garage is up to within two feet of the side lot line. The hardship was created with the house when it was placed on the lot. Virtually the only thing that could have been constructed on the house and still met with the minimum setbacks would have been a single attached garage. The garage could be placed so it would be within the minimum 10 -foot side yard setback requirement. The problem lies within trying to consider some aesthetics in the placement of a garage on this property as it exists and still blend in with the characteristic of the neighborhood and also to accomplish some maneuvering in and out of the garage and still be within the existing driveway area. B. ALTERNATIVE ACTIONS: 1. Approve the varianco request to allow construction of a detached garage within the side yard setback. Z. Deny the variance request to allow construction of a detached garage to within the side yard setback requirement. C. STAFF RECONMENDATION: Two feet is very close to the property line, let alone with an overhang on the building which, if it was a two -foot overhang, could encroach right up to the property line. To allow for Planning Commission Agenda - 4/3/90 some drainage or utilities to pass through on part of his property, we would suggest a minimum of a five-foot setback. One cannot consider aesthetics as the definition of a hardship in the variance application process. D. SUPPORTING DATA: Copy of the location of the proposed variance request; Copy of the site plan for the proposed variance request; Copy of the ordinance section on minimum setback requirements. - _� s • �, '�� � y-- ��I ; ' A variance request to IS allow construction of \ \ �/ an attached garage within j• e i�l the aide yard setback •I- \ � ��,���/// •\'� i DANIEL. wHAYLEN n ��• ' �`//r. `': " .'\` /,low R WMAYL6M 413 3 4/! 3 MAPLE MAPLE mar•»{ �« /7' Mousy 6ARA6� 84' 1 C� 11'6+ Y a. 111'6- MAPLE ST. S3 1. Clothes line pole and wire. 2. Recreational equipment and vehicles. 3. Construction and landscaping material currently being used on the premises. 6. Off-street parking of passenger vehicles and trucks not exceeding a gross capacity of nine thousand (9,000) pounds in residential areas. 5. Propano tanks, fuel oil tanks, and other similar residential heating fuel storage tanks which do not exceed 1,000 gallons in capacity and shall not be located within five (5) feat of any property line. 6. Wood piles in which wood is stored for fuel provided that not more than 10 cords shall be stored on any property. A cord shall be a- x 6' x W. All wood plies shall be five (5) feet or more from rear and side yard property linea and shall be stored behind the appropriate set back line in front yards. 7. Solar heating systems. 3-3: YAJW REQUIREMENTS: (A] PURPOSE: This section identifies minimum yard spaces and areas to be provided for in each zoning district. (e] No lot, yard or other open space shall be reduced in area or dimension so as to make such lot, yard or open apace lose than the minimum required by this Ordinance, and if the existing yard or other open apace as existing in lose than the minimum required it shall not be further reduced. ib required open space provided around any building or structure shall be included as a part of any open space required for another structure. (C) All setback distances, as listed in the table below, shall be measured from the appropriate lot line, and shall be required mini—+m distances. front Yard Bids yard Rear Yard A-0 50 30 50 R-1 30 10 30 R-2 30 10 30 R_3 30 �, 30 30 30 30 PZ -R See Chapter 10 for specific regulations. PZ_M Bee Chapter 10 for specific regulations. B-1 30 20 0-2 30 10 20 10 D Planning Commission Agenda - 4/3/90 4. Public hearing - A variance request to allow construction of an attached Garage within the side yard setback reouirement. Applicant. John Borash. (G.A.) A. REFERENCE AND BACKGROUND: Mr. Borash is proposing to build an attached garage to within six feet of the side lot line. As you will note on the enclosed site plan, there is already 15 feet of setback from the adjoining property to the north. When Mr. Borash's house was built, it was placed just off the center of the lot. But with the entrance to the house being in the center, to enter the house from an attached garage means you would enter through a stairway going up into the upper level of the house or down into the basement area of the house from the garage; otherwise, you have to go back outside to get into the house from the garage. Mr. Borash's request is to allow him to construct a basement entrance into his house; therefore, he would not need to go back outside and into the house. Mr. Borash is showing the garage to be constructed within six feet of the side lot line, which is up to within the six-foot drainage and utility easement which we have on the side lot line of this property. Mr. Borash would like to have the additional width of four feet to allow for construction of this entrance from the garage into the basement. B. ALTERNATIVE ACTIONS: 1. Approve the variance request to allow construction of an attached garage within the side yard setback requirement. 2. Deny the variance request to allow construction of an attached garage to within the side yard setback requirement. C. STAFF RECOMMENDATION: Mr. Borash can build a 24 -toot wide, 24 -foot deep attached garage and still be within the minimum setback requirements. The problem with building a garage of that size when you allow 4 feet for an entry from the garage into the basement is you cut down the usable size of your garage from 24 feet to just less than 20 feet of usable width. Even though by today's standards vohicles are smaller, some people choose to have larger vehicles and need the area around the perimeter of the cars for storage of tools and/or accessory equipment. Therefore, that Is Mr. Borash': request to allow that additional area for the entrance Into the basement area and also to allow for room around the two vehicles when parked in the garage for storage of additional accessory Items. Planning Commission Agenda - 6/3/90 D. SUPPORTING DATA: Copy of the location of the proposed variance request; Copy of the site plan for the proposed variance request; Copy of the ordinance section on the minimum side yard setback requirements. ----------------- -------------------- A vaviance,coqUOst to allowconstruction ot an attachedwithin the side yard setba t.DORASH 4W_\. � , 8S� We cyst I . Clothes line pole and vire. 3. Recreational equipment and vehicles. 3. Construction and landscaping material currently being used on the premises. 4. Off-street parking of passenger vehicles and trucks not exceeding a gross capacity of nine thousand (9,000) pounds in residential areas. S. Propane tanks, fuel oil tanks, and other similar residential heating fuel storage Lanka which do not exceed 1,000 gallons in capacity and shall not be located within five (S) feet of any property line. 6. Mood piles in which wood is stored for fuel provided that not more than 10 cords shall be stored on any property. A cord shall be 4- x 4' x S-. All wood piles shall be five (S) feet or more from rear and aide yard property lines and shall be stored behind the appropriate set back line in front yards. 7. Solar heating systems. 3-3: YA)tD REQUIREMENTS: (A) PURPOSE: This section identifies minimum yard spaces and areas to be provided for in each zoning district. (a] No lot, yard or other open space shall be reduced In area or dimension no as to make such lot. yard or open apace lass than the minimum required by thio Ordinance, and if the existing yard or other open space as existing to less than the minimum required it shall not be further reduced. Na required open space provided around any building or structure shall be included an a part of any open space required for another structure. (C) All setback distances, as listed in the table below, shall be measured from the appropriate lot line, and shall be required minimum distances. Front Yard Side yard Rear Yard A-0 SO 30 SO R-1 30 10 30 70 J.4 30 p-7 30 30 30 R-4 30 30 30 Pt -R Sae Chapter 10 for specific regulations. PZ -M Sem Chapter 10 for specific regulations. S -I 30 16 20 8-1 30 10 20 /V/ J Planning Commission Agenda - 4/3/90 Public hearing - A conditional use request to allow a car wash In a PEN (performance zone mixed) zone. ADDlicant. Dean Hoqlund and Ken Schwartz. (J.O.) A. REFERENCE AND BACKGROUND: Ken Schwartz and Dean Hoglund have submitted a request for a conditional use permit which would allow operation of a car wash facility in the PEN zone at Block 1, Lot 4, MacArlund Plaza. The site is located directly next to the existing Riverroad Plaza. Unfortunately, at the time of writing this memo, I do not have the final site plan before me. It is expected, however, that the preliminary site plan that this memo addresses will be much like the final plan which will be delivered to the Planning Commission on Friday. As you recall, in late fall of 1989, the Planning Commission created an amendment which allowed the establishment of car washes in the PEM zone. Although the development site is in the same area, this particular application is not related to the proposal submitted to the Planning Commission last year. Following is a brief review of the site plan. The car wash facility proposed consists of a single automatic bay and three self-service bays. Vehicle stacking and vacuum cleaning of vehicles will occur on the side of the structure facing the major highway. Vehicles exiting the wash bays will do so through the rear and will circulate around the structure and out on the main frontage road. In reviewing the conditional use permit application, Planning Commission, as always, needs to evaluate the request in terms of the impact of the development on the adjoining properties in terms of geography and character of the adjoining areas. In addition, the Planning Commission needs to consider the impact of the development on the property values of the adjoining properties. It appears that the development as proposed complies with the conditional use permit conditions noted by ordinance. Planning Commission should note, however, that the side yard setback for the east wall of the structure calls for a 6 -foot setback. According to the zoning ordinance, there are no established setback requirements in the PEN zone, as the regulations associated with the zone are designed to be somewhat flexible. Normally, however, the flexibility provides the Planning Commission with the ability to require a greater setback. For comparison purposes, Planning Commission should know that the normal setback associated with Planning Commission Agenda - 4/3/90 a car wash in the B-3 zone is a 10 -foot side yard setback. At the same time, however, there is an existing 10 -foot setback between the Riverroad Plaza and the side lot line. This distance of 10 feet combined with the proposed 6 -foot setback provides a distance between structures that may be sufficient. B. ALTERNATIVE ACTIONS: 1. Motion to approve the conditional use permit as requested subject to the conditions noted in 10-8 (k) with the addition of any other conditions that the Planning Commission or staff might wish to add. Motion based on the finding that the development is consistent with the geography and character, etc., of the area. Motion to deny approval of the conditional use permit as requested based on the finding that the development as proposed is not consistent with the character or geography of the adjoining area and that allowing development of this structure with a 6 -foot side yard setback will create a problem and also establish a poor precedent. The applicants have shown a willingness to comply with all reasonable conditions associated with the conditional use permit. One request they have not been able to comply with is to provide a 10 -foot setback between the east wall and the property line. If Planning Commission views this as a problem, then this could be grounds for denial of the conditional use permit. On the other hand, the setbacks associated with the PZM zone are not defined; therefore, the Planning Commission does have some leeway in terms of determining proper setbacks in the PZM zone on a case by case basis. C. STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit so long as applicants are able to successfully fulfill the conditions as noted by ordinance. It is our view that the provision of a 6 -foot setback provides for a sufficient distance between the Riverroad Plaza structure and the car wash facility. Staff is somewhat concerned, however, that the operation of the car wash is not that well understood, and it might be wise to withhold final approval of the conditional use permit until the level of noise created by the automatic car wash Is better understood. We need to make sure that the apartments nearby are not negatively impacted by the operation. Planning Commission Agenda - 4/3/90 D. SUPPORTING DATA: Excerpt from the Monticello Zoning Ordinance; Site plan --if not with agenda packet, will be delivered directly by applicants. 10-8 (J) 10-8 [RI 1J) Drying cleaning processing provided that: 1. Dry cleaning operation must meet all OSHA safety standards. 2. Dry cleaning operation shall be self-contained in terms of noise and fumes with no venting to outside of building. 3. Dry cleaning facility shall have direct access to major thoroughfare via driveway or frontage road. 4. Screening of abutting residential uses and landscaping must be in compliance with chapter 3, section 2(G), of the zoning ordinance. 5. Voice amplifiers used in conjunction with drive through process shall not be audible to adjoining residential areas. (P1 Car wash activity provided that: 1. The architectural appearance and functional plan of the building r5 and site shall not be so dissimilar to the existing buildings or II area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. ' 2. Nagazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty C..p/,r5 (30) minute period and shall be subject to the approval of the ° 1 City Engineer. 3. At the boundaries of a residential district, a strip of not leas than five (5) feet shall be landscaped and screened in compliance Chapter 3, Sectio: 2 (G), this with of ordinance. 4. Each light standard island and all islands in the parking lot landscaped or covered. S. Parking or car magazine storage apace shall be screened from view 1 os of abutting residential districts in compliance with Chapter 3, c '"f' Section 2 IGI , of this ordinance. 6. The entire area other than occupied by the buildings or plantings �S shell be surfaced with material which will control duet and drainage which is subject to the approval of the City Engineer. 7. The entire area shall have a drainage system which is subject to P, 'b the approval of the City Engineer. B. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting C�"'P residence and shall be in compliance with Chapter 3, Section 2 1H) of thio ordinance. I 10-8 [R1 9. vehicular access points shall be limited, shall create a minimum I:e 5 of conflict with through traffic movement, and shall be subject to the approval of the City Engineer. 10. All signing and informational or visual communication devices �p Ives shall be in compliance with Chapter 3, Section 9, of this Lo l ordinance. / N P ke -11. Provisions are made to control and reduce noise. nal s a -t e. C o �o 1i.5 12' The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. 13. Car wash facility shall have direct access to major thoroughfare P via driveway or frontage road. n,«p4 p / 11. intermittent sounds produced by car wash operation such as the � \/ sound of a vacuum or warning signal shall not be audible to users of adjoining P8M or residential properties. no A; a 8kw W/o A fri000 (9/11/891 1181) 7. /'�sr.0.S O� �Jrtr►i ��s �S G �r� igJc �T W JV. �.Q. 1%la�ta . (Z AM• #O PM. 5C.f atr►�wo r4w.%Cc 'I wA (tE Co����. Planning Commission Agenda - 4/3/90 Consideration to review potential amendments to the hard surfacina and curbing reaufrements of the ordinance. (J.O.) A. REFERENCE AND BACKGROUND: Planning Commission and City Council have both requested that City staff develop amendments to the off-street parking requirements of the City Zoning Ordinance. This request is in response to recent parking requirement variance requests. Attached you will find a rough draft of various amendments to the ordinance that the Planning Commission might want to discuss. The proposed amendments presented to you at this time are but a starting point for discussion. The purpose of the discussion is to provide City staff with more concrete direction which will assist staff in development of any proposed amendments that the Planning Commission wishes to submit to the City Council. No formal action is requested. In a related matter, the Monticello Theatre is contemplating the addition of 2 screens and approximately 420 seats. Such an expansion requires development of a maximum of 105 parking spaces under our current ordinance, which requires 1 stall for every 4 seats. The City Planner has indicated that we may wish to amend our requirement to 1 parking space for every 5 seats given the demand created by a multiscreen theatre. If it can be demonstrated that this amendment is proper, then 85 new parking spaces need to be identified. Wright County State Bank plans on purchasing Stokes Marine and turning the area into a parking lot, which will create 37 of 85 spaces that need to be identified. In order for the project to meet minimum parking requirements, Muller needs to identify 48 new parking spaces in addition to the Wright County State Bank sites within 300 feet of the movie theatre. The 48 spaces must be in addition to the spaces that are normally filled when the original 500+ seat, 2 -screen theatre is in operation. On Saturday, March 31, at 6:15 p.m., I, along with any Planning Commission members that wish to volunteer, will be doing an inventory of available parking spaces within short walking distance of the theatre. In addition, I will be noting which parking areae are filled when the theatre is relatively busy. The goal is to determine if an additional 48 parking spaces are available after the existing theatre is full or noar capacity. Meet me at the theatre if you wish to help me count carat Thanks. D. SUPPORTING DATAt Proposed amendments to the off-street parking requirements; Copy of excerpts from the existing parking ordinance. PROPOSED AMENDMENTS TO OFF-STREET PARKING REQUIREMENTS 3-5: 1. Amendment to D. 9 (a) PARKING SPACE SIZE: "Each parking space shall be not less than nine (9) feet wide and twenty (20) feet in length exclusive of access aisles, and each space shall be served adequately by access aisles. EXCEPTIONS: 1. Where desired, up to 25% of the parking spaces may be not less than seven and one-half (7.5) feet in width and not less than sixteen (16) feet in length so �; when served adequately by access aisles to accommodate compact car parking and should be marked as such." 2. When calculatina Barking sDaces associated with multi-familv residential use or for parkinq associated with emplovee use onlvt each Darkinq space shall be not less than eiaht feet wide and 18 feet in length exclusive of access aisles, and each space shall be served adeauatelv by access aisles. Eiaht f81 by elahteen (181 parking stalls for employee use must comDly with the followina conditions: a. For parkina associated with a commercial or retail use, emolovee Darkinq shall be located in the area of the parkina lot least likelv to be used by the Eublic as determined by the Zonina Administrator. b. Said stalls are intended for use by emvlovees that generally remain on the premises for Periods of time not less than four hours. 2. Amendment to D. 9 (k) SURFACING: All areas intended to be utilized for parking space and driveways shall be surfaced with materials suitable to control dust and drainage. Except in the case of single family and n two family dwellings, driveways and stalls shall be surfaced with six-inch (611) class five base and two-inch (2") ( bituminous topping or concrete equivalent. Plans for surfacing and drainage of driveways and stalls for five (5) or n PARKING.AND:3/30/90 291 more vehicles shall be submitted to City staff for review. At the discretion of City staff, the plans may be reviewed by the City Engineer and the f Seal drainage plan shall be subject to his written approval. Wocharges in addition to the buildinq Permit fee shall be levied for City Engineer review. EXCEPTIONS: See D. 9 (s) Stall aisle and driveway desian conditional use permit 3. Amendment to D. 9 (o) CURBING AND LANDSCAPING: l Except for single, two family, and townhouses, all open off- street parking shall have a perimeter curb barrier around the entire parking lot, said curb barrier shall not be closer than five feet (5') to arty lot line. Grass, plantings, or \ "` surfacing material sha11 be provided in all areas bordering LY �' the parking area. EXCEPTIONS: See D. 9 (s) Stall aisle and driveway desiqn conditional use permit 4. Amendment to D. 9 (r) CURBING: i. All commercial and industrial off-street parking areas 1( and driveways in coomercial areas shall have a six-inch (6") nonsurmountable, continuous concrete curb around the perimeter of the parking area and driveways. li. All off-street parking in the I-1 and I-2 districts shall have an insurmountable curb barrier which, if not constructed of six -inch (6") continuous concrete curbing, r shall require prior approval from the Planning Commission and City Council. Driveways in the I-1 and I-2 districts shall have a six-inch (6") insurmountable continuous concrete curb along its perimeter. iii. All curb designs and materials shall be approved by the City Engineer. EXCEPTIONSi See D _ 9 (s1 Stall aisle and driveway design conditional use p©nit 5. D. 9 (s) Stall aisle and driveway design conditional use permit Stall aisle and driveway design requirements as noted in (k) Surfacing, (o)Curbing and Landscaping, and (r) Curbing may be lessened sub)ec t to the following conditions: PARXING.AND:3/30/90 P a. Any reduction in requirements requires completion of the (� conditional use permit process outlined in chapter 24 of this ordinance. b. Final approval of parking and driveway drainage plans associated with conditional use permit request shall be provided in writing by the City Engineer. Said expense associated with City Engineer review shall be paid in advance by applicant. C. Areas not intended for outside storage need not be surfaced with bituminous topping or concrete equivalent. d. A surmountable "transition" curb or cemAt delineator must be installed as a boundary between an outside storage area and;a parking or drive area.' e. Development of a curb along the boundary between a parking area and an area designated for future parking is not required if said'curb line isnot needed for drainage purposes as determined by the City Efigineer. f. Driveways more than 24 feet in width that are never used by customers or the general public do not, require curbing unless said curb is needed for drainage purposes as determined by the City Engineer. g. Exceptions to the standard curb requirements do hob apply to any parking or driveway perimeter that runs roughly parallel to and within 10 feet of an adjoining parcel. h. This conditional use permit is allowed only in I-1, I -Z, tone ��� A�taj dl� 1�ffJ b� Pr►�1/�L T / a J. Cul �s ,net re 'AJI �C' Ol /ewes ,In0,-}, Q!o �// /1 Fe /d Mei . � �e . r/ o �• O!1 a d�o, ►��e�ca a �� 1",)e u�nly sg Evi• ,nOI�, O L O v p., f V n�O� •-+� ±� PARRINO.ANDt3/30/90 St 4,0VA": • •�,� Ift ' S. CALCULATING SPACE: (a) When determining the number of off-street parking spaces results in a fraction, each fraction of one-half (%) or more shall constitute another space. (b) In stadiums, sports areanas, churches and other places of public assembly in which patrons or spectators occupy benches, peva or other similar seating facilities, each treaty-two (22) inches of such seating facilities shall be counted as one (1) seat for the purpose of determining requirements. (c) Should a structure contain two (2) or more types of use, each shall be calculated separately for determining the total off-street parking spaces required. 9. STALL, AISLE AND DRIVEWAY DESIGN: D (a) PARKING SPACE SIZE: Each parking space shall be not leas than nine (9) feet vide and twenty (20) feet in length exclusive of access aisles, and each spats shall be served adequately by access aisles. EXCEM ON: Am duiaed, up to 259 06 the packing apace6 may be not te66 than eleven and one-hath 17%) deet in ukdth and not Labe than 6izteen (16)deet in Length when 6eaved adequately by acce66 ai6ty to accommodate compact can paakEng, and 6houtd be snaked as 6ueh. 1 (b) WITHIN 82ROCTURZS: The off-street parking requirements may be furnished by providing s space so designed within the principal building or one (1) structure attached thereto; however, unless provisions ars mads, no building permit shall be issued to Convert said parking structure into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this Ordinance. (c) Except in the case of single, two family and townhouse dwellings, parking areas shall be designed so that circulation between parking bays or •Isles occurs within the designated parking lot and does not depend upon a public 0 street or alley. Except in the case of single, two family and townhouse dwellings, parking area design which requires backing into the public street is prohibited. (d) No curb cut access shall be located leus than forty (40) feet from the intersection of two (2) or more street right-of-ways. This distance shall be measured from the intersection of lot lines. (e) Except in the case of single family, two family and townhouse dwellings, parking areas and their aisles shall be developed in compliance with the following sandards: WALL WALL TO INTERi.00lC TO TO INTERLOCK INTERI= Kr= MINIMUM MINIMJM MINIMUM 30 48.6' 44.51 .40.3- 45 56.84 53.4' 50.0' 60 62.0- 59.71 57.4' 90 64.01 64.0' 64.0' L. Parallel Parking : Twenty-two (22) feet in length. (f) No curb cut access shall exceed twenty-four (24) feet in width. (g) Curb cut openings and driveways shall be at a minimum three (3) feet from the aide yard property line in residential districts and five (5) teat from the aids yard lot line in business or industrial districts. (h) Driveway access curb openings on a public $treat except for single, two family and townhouse dwellings shall not be located less than forty (40) feet from one another. (i) The grade elevation of any parking area shall not exceed five (5) percent. (j) Each property shall be allowed one (1) curb cut per one hundred twenty-five (125) feet of street frontage. All property shall be entitled to at least one (1) curb cut. Single family uses shall be limited �s to one (1) curb cut access per property. '1 2 (k) SURrACING: All are" intended to be utilised for parking space and driveways shall be surfaced with materials suitable to control dust and drainage. Except in the case of single family and two family dwellings, driveways and stalls shall be surfaced with six (6) inch class five base and two (2) inch bituminous topping or concrete equivalent. Plans for surfacing and drainage of driveways and stalls for five (5) or more vehicles shall be submitted to the City Engineer for his review and the final drainage Plan shall be subject to his written approval. (1) STRIPING: Except for single, two family and townhouses, all parking stalls shall be marked with white Painted lines not lose than four (6) inches vide. (m) LIGHTING: Any lighting used to illuminate an off-street parking area abed be so arranged an to reflect the light away from adjoining property, abutting residential uses and public right-of-ways and be in compliance with Chapter 3, Section 2, IG) and (H) of this Ordinance. (n) SIGNS: No sign shall be so located as to restrict the eight lines and orderly operation and traffic movement within any parking lot. 61 (o) CURSLNG AND LANDSCAPING: Except for J single, two family and townhouses, all open off-street parking shall have a perimeter curb barrier around the entire parking lot, said curb barrier shall not be closer than five (5) feet to any lot line. Grass, plantings or surfacing material shall be provided in-allareas bordering the parking area. (P) REQUIRED SCIMENINO: All open, non-raoldantial, off-street parking areas of five (5) or more spaces shall be screaned and landscaped from abutting or surrounding residential districts in compliance with Chapter 3, Section 2 of this Ordinance. 9 (q) ALL DRIVEWAY ACCESS OPENINGS shall require a culvert unless the lot is served by storm sever or is determined unnecessary by Building Inspector. Size of culvert shall be determined by Building Inspector but shell be a minimum of twelve (12) inches in diameter. 1 (r) aMBING: i. All commercial and industrial off-street parking areas and driveways in commercial areas shall have a six (6) inch nonsurmountable continuous conczate curb around the perimeter of the parking area and driveways. ii. All off-street parking in the I-1 and 1-2 districts shall have an insurmountable curb barrier which, if not constructed of six (6) inch continuous concrete curbing, shall require prior approval from the Planning Commission and City Council. Driveways in the 1-1 and I-2 districts shall have a six (6) inch insurmountable continuous concrete curb along its perimeter. iii. All curb dioigne and materials shall be approved by the City S Engineer. IE] MAINTENANCE: It shall be the joint and several responsibility of the lecose and owner of the principal use, uses, or building to maintain in oneat and adequate manner, the parking apace, accesswaye striping, landscaping, and required fences. IP] LOCATION: All accessory off-street parking facilities required by this ordinance shall be located and restricted as follows: 1. Required accessory off-street parking shall be on the Same lot under the Sema ownership as the principal use being served, except under the provisions of Chapter 2, Section 9 (I]. 2. Except for single, two family and townhouse dwellings, head -in parking, directly off Of and adjacent to a public street, with each stall having its own direct access to the public Street, shell be prohibited. 3. There shall be no off-street parking within fifteen (15) feet of any street surface. 4. The boulevard portion of the street right -of -ray shall not be used for parking. 5. SETBACK AREA: Required accessory off-street parking shall not be provided in front yards, or in side yards in the case of a corner lot, in R-1, R-2, R-3, PZ, and B-1 districts. 6. In the use of single family, two family and townhouse dwellings parking shall be prohibited in any portion of the front yard except designated driveways leading directly into a garage or one (1) open, surfaced apace located on.the side of a driveway, away from the principal use. Said extra apace shall be surfaced with concrete or bituminous material. (G) USE OF REQUIRED AREA: Required accessory off-street perking spaces in any district shall not be utilized for open storage, sale or rental of goods, storage of inoperable vehicles as regulated g by Chapter 3, Section 2 (M) of this Ordinance, and/or storage of snow. (H) NUMBER OF SPACES REQUIRED: The following minimum numbor of off-street parking spaces shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter not forth. 1. SINGLE FAMILY, TWO FAMILY AND TOWNHOUSE UNITS: Two (2) spaces per unit. 2. BOARDING HOUSE, FRATERNITY HOUSE, SORORITY HOUSE: At least two (2) parking spaces for each three (3) parsons for whom accommodations are provided for sleeping. 3. MULTIPLE FAMILY DWELLINGS: At least two (2) off-street parking spaces per unit with ons (1) enclosed space per two (2) units. 4. PUBLIC PARRS, PLAYGROUNDS AND PLAY FIELD: At least five (5) parking spaces for each acre of park over one 11) acre; two (2) parking spaces per acre for playgrounds, and tan (10) spaces of each acre of play field. 9 When a public recreation site has more L than one (1) use designation, the areas must be divided for determining the required parking spaces. 5. MOTELS, MOTOR HOTELS, HOTELS: One (1) apace per each rental unit plus one apace for each ten (10) units and one (1) space for each employee on any shift. 6. SCHOOL, ELEMENTARY AND JUNIOR HIGH: At least one (1) parking apace for each classroom plus one (1) additional apace for each fifty (50) student capacity. 7. SCHOOL, HIGH SCHOOL THROUGH COLLEGE AND PRIVATE AND DAY OR CHURCH SCHOOLS: At least one (1) parking space for each seven (7) students based on design capacity plus one (1) for each three (3) classrooms. 4_f8. S. CHURCH, THEATRE, AUDITORIUM: At least J one (1) parking apace for ech four (4) seats based on the design capacity of the main assembly hall. Facilities as may be provided in conjunction with such buildings or uses shall be subject to additional requirements which are imposed by this Ordinance. g. BASEBALL FIELDS, STADIUMS: At least one (1) parking space for each eight (B) seats of design capacity. 10. COMMUNITY CENTER, PHYSICAL CULTURE STUDIOS, LIBRARIES, PRIVATE CLUBS, LODGES, MUSEUMS, ART GALLERIES: Ten (10) spaces plus one (1) for each one hundred fifty (150) square feet in excess of two thousand (2,000) square feet of floor area in the principal structure. 11. SANITARIUMS, CONVALESCENT HOME, REST HOME, NURSING HOME OR DAY NURSERIES: Four (4) spaces plus one (1) for each three (3) beds for which accommodations are offered. 12. ELDERLY (SENIOR CITIZEN) HOUSING: Reservation of area equal to one (1) parking space per unit. 9 Initial development is, however, required 1 of only one-half (y) space per unit and said number of spaces can continue until such time as the City Council considers a need for additional parking spaces has been demonstrated. 13. DRIVE-IN ESTABLISHMENT AND CONVENIENCE FOOD: At least one (1) parking space for each fifteen (15) square feet of gross floor area, but not less than fifteen (15) spaces. 14. OFFICE BUILDINGS, ANIMAL HOSPITALS, AND PROFESSIONAL OFFICES: Three (3) spaces plus at least one (1) space for each two hundred (200) square feet of floor area. 15. BOWLING ALLEY: At least five (5) parking spaces for each allay, plus additional spaces as may be required herein for related uses contained within the principal structure. 16. MOTOR FUEL STATION: At least four (4) 1 off-street parking spaces plus two (2) off-street parking spaces for each service stall. Those facilities designed for sale of other items than strictly automotive products, parte or service shall be required to provide additional parking in cozplianca with other applicable sections of this Ordinance. 17. RETAIL STORE AND SERVICE ESTABLISHMENT: At least one (1) off-street parking space for each two hundred (200) square feet. 18. RETAIL STORE AND SERVICE BUSINESS WITH FIFTY (50) PERCENT OR MORE OF GROSS FLOOR AREA DEVOTED TO STORAGE, WAREHOUSES AND/OR INDUSTRY: The number of spaces shall be required by either (a) or (b). (a) At least eight (8) spaces, or one (1) spats for each two hundred (200) square fast devoted to public sales or service plus one (1) spats for each 500 square fest of storage area. (b) At least eight (8) spaces or one space ( for each employee on the maximum shift. l C 19. RESTAURANTS, CAFES, PRIVATE CLUBS SERVING FOOD AND/OR DRINKS, BURS, TAVERNS, NIGHTCLUBS: At least one (1) space for each forty (40) square feet of gross floor area of dining and bar area and one (1) apace for each eighty (80) square feet of kitchen area. 20. UNDERTAKING ESTABLISHMENTS: At least twenty (20) parking spaces for each chapel or parlor, plus one (1) parking apace for each funeral vehicle maintained on the premises. Aisle spaces shall also be provided off the street for making up a funeral procession. 21. AUTO REPAIR, MAJOR BUS TERMINAL, TAXI TERMINAL, w BOATS AND MARINE SALES AND REPAIR, BOTTLING COMPANY, SHOP FOR A TRADE EMPLOYING SLY (6) OR LESS PEOPLE, GARDEN SUPPLY STORE, BUILDING MATERIAL SALES IN STRUCTURE: Eight (8) off-street parking spaces plus one (1) additional space for each eight hundred (800) square feet of floor area over one thousand (1,000) square feet. 22. SKATING RINK, DANCE HALL OR PUBLIC AUCTION HOUSE: One (1) off-atreet parking apace for each forty (40) square feet of floor space. In the case of an Auction House Facility, outside sales area shall be added to the floor space of principal building then determining aquara footage. 23. GOLF DRIVING RANGE, MINIATURE GOLF, ARCHERY RANGE: Ten (10) off-street parking spaces, plus one (1) for each one hundred (100) square fact of floor area. 24. MANUFACTURING, FABRICATING OR PROCESSING OF A PRODUCT OR MATERIAL; WAREHOUSE, STORAGE, HANDLING OF BULK GOODS, POST OFFICES: At least eight (8) spaces plus one (1) opaco foreach two (2) employees on each shift based on maximum planned employment or at a minimum at least eight (8) spaces plus one (1) space for each five hundred (500) square fest of floor area. 25. CAR WASH: IN addition to REqui4ed magazini.ng oa etacbing epaC¢): (a) AUTOMATIC DRIVE THROUGH, SERVICED: A minimum of tan (10) spaces, or one (1) space for each employes on the maximum shift, whichever is greater. (b) SELF-SERVICE: A minimum of two (2) spaces. i�\ (o) MOTOR FUEL STATION CAR WASH: Zero (0) in addition to/ (O / that required for the station. 0% 26. HOSPITALS: Two (2) Spaces per each bed. (I), JOINT FACILITIES: 1. The City Council may, after receiving a report and recommendation from the Planning Commission, approve a conditional use permit for one (1) or more businesses to provide the required off-street parking facilities by joint use of one (1) or more sites where the total number of spaces provided are lees than the sum of the total required for each business should they provide them separately. When considering a request for such a permit, the Planning Commission shall not recommend that such permit be granted nor the Council approve such a permit except when the following conditions are found to exist: (a) Up to fifty (50) percent of the parking facilities required for a- theatre. bowling allay, dance hall, bar or restaurant may be supplied by the cff-etreet parking facilities provided by types of uses specified as a primarily daytime use in Subparagraph (d) below. (b) Up to fifty (50) percent of the off-street parking facilities required for any use specified under (d) below as primary daytime uses may be supplied by the parking facilities provided by the following night-time or Sunday uses; auditoriums incidental to a public or parochial school, churches, bowling alleys, dents halls, theatres, bare or restaurants. (c) Up to eighty (80) percent of the parking facilities required by this section for a church or for an auditorium incidental to a public or parochial school may be supplied by off -,treat parking facilities provided by uses specified under (d) below as primarily daytime uses. (d) For the purpose of this section the following uses ars considered as primarily daytime uses: Hanks. business Offices, f retail stores, personal ssrvics shops. Y household equipment or furniture shops, clothing or shoo repair or service shops, manufacturing, wholesale and similar sass. (e) Conditions required for joint use: 1. 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 (300) feet of such parking facilities. 11. The applicant shall show that there in no substantial conflict in the principal operating hours of the two (2) buildings or uses for which joint use of off-street parking facilities in proposed. iii. A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilitios,.duly approved as to form and manner of execution by the City Attorney, shall be filed with the City Administrator and recorded with the County Recorder, Wright County. 3-6: OFF-STREET LOADING: (A) PURPOSE: The regulation of loading spaces in these zoning regulations in to alleviate or prevent congestion of the public right-of-way and so to promote the safety and general welfare of the public, by establishing minimum requirements for off-street loading and unloading from motor vehicles in accordance with the utilization of various parcels of land or structures. (B) LOCATION: I. All required loading berths shall be off-street and located on the same lot as the building or use to be served. 2. All loading berth curb cuts shall be located, at a minimum, fifty (50) feet from the intersection of two (2) or more street right-of-ways. This distance shall be measured from the property line. H 3. No loading berth shell be located closer than fifty (30) feet from a residential district unless within a structure. AGENDA l SPECIAL MEETING - MONTICELLO PLANNING COMMISSION MONDAY, APRIL 23, 1990 - 6:00 p.m. Members: Dan NcConnon, Mori Malone, Richard Martie, Cindy Lemm, Richard Carlson 6:00 p.m. 1. Call to order. 6:02 p.m. 2. Public hearing - Consideration of Amendment to Off - Street Parking Requirements. Applicant, Monticello Theater. 6:12 p.m. 3. Public hearing - Consideration of ordinance amendment which would allow theaters to utilize Joint off-street parking facilities located within (500) five hundred feet of Theater. Applicant, Monticello Theater. 6:22 p.m. 4. Public hearing - Consideration of a conditional use permit allowing the Monticello Theater to use certain public parking areas as "joint parking". Applicant, Monticello Theater. 6:37 p.m. 5. Public hearing - A variance request which would allow more than 50 percent of the off-street parking for the Monticello Theater Addition to be supplied by a joint parking facility. Applicant, Monticello Theater. 6:52 p.m. 6. Adjournment. Special Planning Commission Agenda - 4/23/90 2. Public hearinq - Consideration of amendment to Off -Street Parkinq Requirements for Theaters. (J.O.) A. REFERENCE/BACKGROUND: As some of you may know, the Monti Theater has plans to develop two new screens which results in the need for an additional 105 parking spaces according to the present ordinance. In conjunction with the expansion of the theater, Wright County State Bank plans on purchasing the Stokes Marine building and developing a parking area for use by Theater patrons. The new parking area will be able to accommodate approximately 37 stalls which falls short of the 105 new spaces that are needed with the theater expansion. This item, along with the following three agenda items are intended to address the parking shortfall. The land use decisions that Council is asked to consider associated with the theater expansion are as follows: 1. Consider lessening the theater parking requirements from one (1) space per four (4) seats to one (1) space per five (5) seats. 2. Consider amending the ordinance by allowing joint parking facilities for theaters to be located within 500 feet of the theater. The current maximum is 300 feet. 3. Consider granting a conditional use permit allowing the Monticello Theater to use public parking areas as "joint parking". 4. Consider a variance which would allow more than 50 percent (56%) of the off-street parking to be supplied by joint parking facilities. This agenda pertains to decision number one. The next three agenda items apply to decisions two, three and four. The City staff asked the City Planner to check the theater parking requirements and determine if the present formula for calculating parking spaces might be too stringent. The present formula for calculating theater parking stalls requires one parking space per four seats. Following is the result of staff research on the matter. According to a 1987 Institute of Transportation parking generation traffic study, there appears to be some merit in s lessening the Theater parking requirement from a 1 to 4 ratio to a 1 to 5 ratio for weekday operations. Doing so would have Special Planning Commission Agenda - 4/23/90 the effect of decreasing the Monti Theater expansion parking requirements from 105 spaces to 85 spaces. It should be noted also that, according to the same study, weekend parking demand per seat is greater and that a 1 to 4 ratio for weekend operation is preferred. B. ALTERNATIVE ACTIONS: 1. Motion to approve amendment to theater parking requirements by changing 1 stall per 4 seats to 1 stall per every five seats. Scientific documentation is available which indicates that, on weekdays, lessening the parking requirement will not negatively impact parking in and around theater areas and therefore the amendment is consistent with zoning ordinance amendment review criteria. On the other hand the same study also indicates that weekend operations should maintain a 1 to 4 ratio. If Planning Commission and Council are not comfortable with the potential parking problems on weekends, a separate agreement could be developed with the Monticello Theater which might limit theater seating on weekends. This amendment is likely to be viewed as positive as it enables the theater to expand and become more competitive with theaters located in other communities. In addition, the added activity created by more theater patrons adds life to the business district which will help revitalize the area. At the same time however, reducing the theater parking requirement may some day be less positive in the event a theater is introduced into an area that has an overall greater demand for evening and Saturday parking. 2. Motion to deny approval of said parking ordinance amendment. If Planning Commission and Council finds that the proposed amendment is not consistent with comprehensive plan, geography and character of the area. And or if Planning Commission and Council finds that lessening theater parking requirements will depreciate the value of adjoining properties, then adoption of this ordinance should be denied. Special Planning Commission Agenda - 4/33/90 C. STAFF RECOMMENDATION: Staff recommends that the ordinance amendment be adopted as proposed. It is the view of staff that the amendment is not inconsistent with the comprehensive plan and will not negatively affect the area in which it is proposed. Staff cautions however that, according to the traffic study, a 1 to 5 parking ratio may not be sufficient on weekends. Council may wish to direct staff to prepare an agreement with the theater that addresses potential weekend parking problems. Such an agreement might limit the number of patrons attending the theater on weekends. As a third alternative, an ordinance amendment could be developed which allows a 1 to 5 theater parking ratio as a conditional use permit. Such a conditional use permit would contain conditions mitigating the impact of weekend theater activity. In addition, the conditional use permit would enable the City to apply the 1 to 5 theater parking requirements on a case by case basis depending on the impact of the theater parking on adjoining properties. Under the proposed amendment, a case by case review of theater parking requirements is not possible. Under the proposed ordinance amendment, the 1 to 5 ratio will apply to all future theaters developed in areas where the 1 to 4 ratio might have made more sense. D. SUPPORTING DATA: Proposed ordinance amendment. Copy of theater parking study. Special. Planning Commission Agenda - 4/23/9,0 MISTING ORDINANCE S. CHURCH, THEATER, AUDITORIUM At least one (1) parking space for each four (4) seats based on the design° capacity of the main assembly hall. Facilities as .may be provided in conjunction with such buildings or uses shall be subject to additional requirements which are imposed by this ordinance,. NEN ORDINANCE S. CHURCH, AUDITORIUM At least one (1) parking space for each four (4) seats based on the design capacity of the main assembly hall. Facilities as may be provided in conjunction with such buildings or uses shall be subject to additional requirements which are imposed by this ordinance. 27.�VHEATERs. At least one (1) parking space for each five (S) seats based on the design capacity of the main assembly hall., Facilities as may be provided in conjunction with such t buildings or uses shall be subject to additional requirements which are imposed by this ordinance. v t 1 .t !�1 .® / o C l a ,y,, Pic S fFQr-6w^.4A ?Jet OV% 23 MRhp Owwatim. Am" 1057/ titub of italplpwWon E%kwm b / �1 MOVIE THEATER (443) Peak Parking Spaces Occupied vs: SEATS On a: WEEKDAY PARKING GENERATION RATES Average Range of Standard Number of Average Number of Rate Rates Deviation Studies Seats 0.19 0.064.46 0.11 11 1646 / ,_0� DATA PLOT AND EQUATION CAUTION—USE CAREFULLY—LOW R'. 1,100 p 1,000 - Lu M 900- U 800- uJ ui 700_ U N 600- C7 Z 500- Y 400- ° 300- a ° _ p 200 o U a 100- ° o 0 800 1,200 1,600 2,000 2,400 2,800 3,200 X o NUMBER OF SEATS ❑ ACTUAL DATA POINTS FITTED CURVE Fitted Curve Equation: P - 0.32(X) - 174.0 R' - 0.475 MRhp Owwatim. Am" 1057/ titub of italplpwWon E%kwm b / �1 Average Rate 0.26 l 1,500 1,400 - Ly 1,300 - CL 1.200- 1,100- 1,000- UA ,200- 1,100- 1,000- W Q 00 9- N SIX- 700- 600- 500- 400- CL 00- 700- 600- 500-400- a 300- n 0 200 - 100 - 0 MOVIE THEATER (443) Peak Parking Spaces Occupied vs: SEATS On a: SATURDAY PARKING GENERATION RATES Range of Slandard Number of Average Number of Rates Deviation Studies Seats 0.11-0.42 0.11 9 1562 t DATA PLOT AND EQUATION a U 1,000 2,000 3,000 X - NUMBER OF SEATS 0 ACTUAL DATA POINTS FITTEDCURVE FlltodCurve Equation: P - 0.501X► - 322.0 R' - 0.837 Pff" awwom ,kowm 1MI/ftwaL a of ft"PortmiWEnaYrt r� e11 Special Planning Commission Agenda - 4/23/90 Public Hearing - Consideration of ordinance amendment which would allow theaters to utilize ioint off-street parkinq facilities located within (500) five hundred feet of Theater. (J.O.) REFERENCE/BACKGROUND: The current ordinance requires that joint parking associated with theater use must be located within 300 feet of the theater. The proposed ordinance amendment calls for extending this distance to 500 feet. By extending the distance as proposed, a number of public parking spaces can be counted as "Joint parking" spaces which enables the theater expansion to meet minimum parking requirements. According to the City Planner, it is not unreasonable to expect people to walk 500 feet from parking areas to a theater especially within the "streetacape" environment. A walk between parking and theater of 500 feet is common in many cities. B. ALTERNATIVE ACTIONS: 1. Motion to adopt ordinance amendment extending distance between joint parking facility and theater building from 300 to 500 feet. The proposed ordinance amendment appears to be consistent with the geography and character of the district. It is not likely that the change as proposed will create a significant detriment to neighboring properties. On the other hand, it should be noted that the further away the official joint parking areas are, the less of a chance that they will be actually used especially if the parking is across a major highway (25). In other words, despite the fact that there is free parking in a public lot 400 feet from the movie theater (behind Northwest Clinic and across highway 25) it is likely that theater goers will park in non authorized parking areas that are closer to the theater (Holkers, Faire). Of course, the owners of the private lots do have the option of enforcing no parking restrictions which would force people to park in the nearest authorized areas. Adding distance will also result in more on street parking and may require that the City install no parking signs it parking spills into residential streets (River Street). Solection of this alternative implies that the City will enter into a joint parking agreement with the Theater making the public parking within 500 feet of the theater available as "joint parking". Special Planning Commission Agenda — 4/23/90 2. Notion to deny approval of ordinance amendment extending distance between joint parking facility and theater building from 300 to 500 feet. Selection of this alternative eliminates official access to numerous parking stalls within the down town area. This alternative eliminates the ability of the theater to meet minimum parking requirements. C. STAFF RECOMMENDATION: Staff recommends that Council adopt said amendment. 300 to 500 feet is a reasonable distance to walk between parking and the theater. The amendment will enable the theater to expand, increase down -town business activity and will result in more people enjoying streetecape. D. SUPPORTING DATA: Copy of ordinance amendment. Za.• old• Geo-eii u CURRENT ORDINANCE 3-5 I. 1. (E) I. 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 (300) feet of such parking facilities. PROPOSED AMENDMENT 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 (300) feet of such parking facilitates with the followinq exception. For Theaters located in the original plat of Monticello, theater parkinq provided by another use shall be located within 500 feet of said theater. a '!,4 - J Of 4- 61Lc4i0'." . 4 L' e(-fR'J' 1 CP 6 It a �q Special Planning Commission Agenda - 4/23/90 4. Public Hearing - Consideration of conditional use permit allowing the Monti Theater to use certain public oarkina areas as "ioint oarkinq". (J.O.) A. REFERENCE/BACKGROUND: If Planning Commission/Council adopts the ordinance amendment changing the theater parking requirement from 1 space per five seats and if the area in which theater joint parking can be claimed is extended to 500 feet, then Planning Commission/Council is asked to consider granting the Monti Theater a joint parking conditional use permit. The plans developed by the theater call for development of 420 seats. If the 5 to 1 ratio is used, 85 parking spaces must be created. The site plan presented calls for demolition of Stokes Marine and development of 37 parking spaces which results in a deficit of 48 parking spaces. The joint parking conditional use permit as proposed calls for utilization of public parking spaces within 500 feet of the theater. Numerous public parking spaces are available within 500 feet and are available for joint use as the businesses that these parking spaces service are typically day -time operations. If one refers to the attached map it is plain to see that public parking spaces well in excess of 48 spaces are available within 500 feet of the theater. For instance, 50 parking spaces are available on block 57 behind Johnson's clothing store. In addition, at least one half of the 90 parking stalls on block 35 are within 500 feet of the theater. 14 parking spaces are available at the East bridge park area. There appears to be ample theater parking in these areas. The trick will be to encourage theater patrons to use designated areas and to stay away from private parking areas that are closer to the theater. ALTERNATIVE ACTIONS: 1. Notion to approve joint parking conditional use permit subject to the following conditions: A. City approved joint parking areas shall be located within 500 feet of the theater B. No substantial conflict In the principal operating hours of the two uses (theater/retell, service) for which the joint use of off street parking facilities is proposed. Special Planning Commission Agenda - 4/73/90 C. A properly drawn 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 Attorney, shall be filed with the City Administrator and recorded with the County recorder. D. A properly drawn instrument, executed by Wright County State Bank and Monti Theater outlining full and uninterrupted use by Monti Theater of 37 parking stalls. Said instrument shall be filed with the City Administrator and recorded with the County recorder. E. Owner operator shall provide information to patrons regarding location of approved parking areas. Notice shall include publication of maps in the official city paper; Posting of parking areas in theater lobby; Review of parking areas at each show pre -view. Under the alternative above, Council would approve Monti Theater use of public parking as a joint parking facility based on the finding that the conditional use permit will not be detrimental to adjoining properties. The finding could be based on the following information. None of the public parking areas are greater than 400 feet from the theater. No substantial conflict in the principal operation hours of the theater use and existing uses is anticipated. Below is a list of major businesses that are in close proximity to the designated joint public parking area. Also shown are their business hours. Special Planning Commission Agenda - 4/23/90 For the most part, the businesses listed and the theater are not in operation at the same time. It does appear that on Saturday, during theater matinees, there may be a simultaneos need for retail and theater parking. With the number of parking spaces available, it is difficult to determine if this conflict will create a problem. A number of policy issues need to be addressed if the City decides to allow certain public parking areas to be "counted" as part of a private development's full compliment of parking stalls. A. Should the joint agreement include a charge for the use of public lots? If so, what should the rate be? B. What are the implications of the precedent that is being set? Will future developers wish to use public lots to meet parking requirements? Is the precedent diminished by the fact that the joint parking agreement pertains to night time use only. The Quostions above should be discussed prior to approval of the conditional use permit. It also might make sense to draw up a policy which governs the "joint" use of municipal parking spaces. Weekday Saturday Hours Hours Little Mountain Flowers 8:30-7:00 TH b FR 8:30-5:00 Master's Home Furnishings 9:00-8:00 9:00-5:00 Little Mountain Books UNDETERMINED ------- Johnson's Dept. Store 9:00-8:00 9:00-5:00 Video Plus 10:00-9:00 10:00-10:00 Golden Valley Furniture 8:00-8:30 WED 8:00-5:30 Dino's Deli 6 Pizza 11:00-11:00 11:00-11:00 Lock Jewlers 9:00-8:00 9:00-5:00 Sewing Shop 9:00-6:00 9:00-4:00 Stella's Cafe 7:00-8:00 FR 7:00-8:00 Star Realty 9:00 -5:00 ------- What Knot Gift Shoppe 9:00-6:00 9:00-6:00 Cohen's Village Shop 9:00-5:00 9:00-5:30 Karen's Draperies UNDETERMINED -------- Dominoes Pizza 11:00-2:00 FR lls0O-2:00 For the most part, the businesses listed and the theater are not in operation at the same time. It does appear that on Saturday, during theater matinees, there may be a simultaneos need for retail and theater parking. With the number of parking spaces available, it is difficult to determine if this conflict will create a problem. A number of policy issues need to be addressed if the City decides to allow certain public parking areas to be "counted" as part of a private development's full compliment of parking stalls. A. Should the joint agreement include a charge for the use of public lots? If so, what should the rate be? B. What are the implications of the precedent that is being set? Will future developers wish to use public lots to meet parking requirements? Is the precedent diminished by the fact that the joint parking agreement pertains to night time use only. The Quostions above should be discussed prior to approval of the conditional use permit. It also might make sense to draw up a policy which governs the "joint" use of municipal parking spaces. L Special Planning Commission Agenda - 4/43/90 As a final note, it is important that aright County State Bank and the Monti Theater establish an agreement which provides the theater with unlimited and ongoing use of the parking area. This agreement must be designed to eliminate the possibility of the loss of the area as "theater parking". In addition, the document must be recorded. 4. Deny approval of joint parking conditional use permit request. Without a joint parking agreement between the City and the theater, it is not possible to expand the theater without violation of the minimum parking requirements. Denial of this permit will result in abandonment of the project. C. STAFF RECOMMENDATION: Staff recommends that Planning Commission and Council select alternative 1 and add any other reasonable conditions that it deemed necessary to protect adjoining properties. D. SUPPORTING DATAi Nap showing available theater and public parking, Site plan showing theater and parking locations. Pre-existing joint parking agreement associated with existing theater operation. Selected excerpts from the Zoning Ordinance. a 44' i < o �n-e, r� 26. SOSPITALS: Two (2) spaces par each bed. (2), JOINS FACILITIES: She City Council may, after receiving a report and recommendation from the Planning Commission, approve a conditional use permit for one (1) or more businesses to provide the required off-street parking facilities by joint use of one (1) or more sites where the total number of spaces provided are lees than the sum of the total required for each business should they provide them separately. When considering a request for such a permit, the Planning Commission shall not recommend that such permit be granted nor the Council approve such a permit except when the following conditions are found to exist: (a) Up to fifty (50) percent of the perking facilities required for a -theatre. Vp.r*4o-nC•2 / bowling alley, dance hall, bar or Staff 0. restaurant may be supplied by the off-street parking facilities provided 0 types of uses specified as a primarily P(, Z.ttV aytims use in Subparagraph (d) below. (b) Up to fifty (50) percent of the off-street parking facilities required for any use specified under (d) below as primary daytime uses may be supplied by the parking facilities provided by the following night -Limo or Sunday uses: auditoriums Lncidontal to a public or parochial school, churches, bowling alloys, dance halls, theatres, bars or restaurants. (c) Up to eighty (SO) percent of the perking facilitien required by this section for a church or for an auditorium incidental to a public or parochial school may be supplied by off-street parking facilities provided by uses specified under (d) below as primarily daytime uses. (d) dor the purpose of this section the following uses are consldezed as primarily daytime uses: Banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing, wholesale and slmilar uses. Pwt;%,,% 5pn.ere A.,.,,.el don 1 0 (e) Conditions required for joint use: i. Z on�-h �}w�t��r•T Z {Cw. e) - P.C. -lie." 3. The building or use for which application is being made to utilize the off-street perking facilities provided by another building or use shall be located within three hundred (300) feet of such parking facilities. The applicant shall show that there is no 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. iii. A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities,• duly approved an to form and manner o1 execution by the City Attorney, shell be filed with the City Administrator and recorded with the County Recorder, Wright County. 3-6: OF@ -STREET LOADING: (A) PURPOSE: The regulation of loading spaces in these zoning regulations is to alleviate or prevent congestion of the public right -of -ray and so to promote the safety and general welfare of the public, by establishing minimum requirements for off-street loading and unloading from motor vehicles in accordance with the utilization of various parcels of land or structures. [D] LOCATION: 1. All required loading bertha shall be off-street and located on the same lot as the building or use to be served. 2. All loading berth curb cute shall be located, at a minimum, fifty (90) feet from the intersection of two (2) or more street right-of-ways. 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Muilor UOA M—Llcelln Thc.Lcr to w kM to I* 4s prrs.— d—ad to •.d wAw &=.a d G. /molar/ bmb.lrttak ad aatr.�Ldld 4N — 4 _ aA...Ad Dr ..rw a• _ 1 I o i /r.. r.f a.d yam• .onl,r roms•lame:ou t � .Y.Arrr PrM4 IF of .Ur ffwwwWw upis-------?•fo r-- sow./ STATE 01 011p►90TA i COUNTY Of IMIGIR 1 � . Tho forepeiny I..t—.t rs .cMorledU d W— re lhl. 1BA1 by IT net. .I. I.,r,Urilr, P—ldtnt of r1•i 1;h1 r,nln Stu1,r 11"„M, uiY,rlwr„Llon 1nWur llm , 1«. of the Stele of Mi—.L., on hehall' nl' Iho L'e11r1rul{nn. j r nuc 1 rcitltanM 11 AOIWIIWIIE•«II�XLW,�{ f �(: ! /. K� l/�(� i % �: i(( 0nfled by' U. A. Bchrotppol, Ally. 10� Ulvl.l on Btroot 0uff.lo, Mi-..oln 55313 A ' S �` @ s i Q`\p �+ �p5 Q•� �� �. 6m es so a 'd ed so 50 stalls ee Fadeting Joint eO ee i e\13 G I 11. Public Perking Parking. 15 /� I m fl-T 1 ir Privet cn l7 Park Priv. + r- 45 ! netal Stolle Parkpubl 1 le Theat Perkin 331 so e f I 1 (al . ! 3 33 >3t331!] n 5 6 d scall 6 d II G`e`l S O ! a�\\ r► publi �G�► n 20OFA e 90 Stolle 56 stalls in Public Pa ing A Public Perkin m 71 66 • -. ee i � ee ea 4g.`4 0 ee I ee I I I 16611 1661 ee�eeA •�• 106 L 10 I ( 16 10 I , n ME • I I I `f�A_ T• . u Ei LE I =Now Special Planning Commission Agenda - 4/23/90 5. Public Hearing - Variance request which would allow more than 50 percent of the off-street Parkinq for the Monti Theater Addition to be supplied by a ioint parkin facility. (J.O.) A. REFERENCE/BACKGROUND: One of the conditions listed by the ordinance associated with the joint parking conditional use permit requires that no more than 50 percent of the parking requirement be satisfied via a joint parking arrangement. In this situation, it is proposed that the public spaces provide 48 spaces or 56 percent of the on site parking which creates the need for variance of 6E. B. ALTERNATIVE ACTIONS: 1. Motion to approve a 6% variance to the requirement that joint parking provide no more than 50 percent of theater parking requirement. In this situation, the applicant is creating as much parking as possible with the space available. It could be argued that due to the existing configuration of land and buildings, it is not possible to meet the full compliment of "non joint" parking spaces and therefore sufficient hardship exists to approve variance request. On the other hand, by eliminating 50 seats from the proposed 420 seat addition, the applicant can avoid the need for the variance altogether. The applicant might argue that reducing the seating capacity by 50 seats may limit the commercial viability of the project. Notion to deny variance request and direct applicant to reduce seating capacity (420 to 370). As noted above, by simply reducing the seating capacity to 370, the applicant does not need a variance. It may be however, that the financial viability of the project will suffer without the added seating. C. STAFF RECOMMENDATION: Planning commission and Council needs to determine if a hardship has been sufficiently demonstrated as justification for tho variance. If so, the variance should be granted. Planning Commission and Council could take a conservative approach to this issue and grant permission to develop a 370 seat addition with the option of granting variance to install 50 more seats after the impact of the development is better understood. D. SUPPORTING DATA: Excerpts from zoning ordinance. 26. HOSPITALS: Two (2) spaces per each bed. [I)_ JOINT FACILITIES: The City Council may, after receiving a report and recommendation from the Planning Commission, approve a conditional use permit for one (1) or more businesses to provide the required off-street parking facilities by joint use of one (1) or more sites where the total number of spaces provided are lees than the sum of the total required for each business should they provide them separately. When considering a request for such a permit, the Planning Commission shall not recommend that such permit be granted nor the Council approve such a permit except when the following conditions are found to exist: (a) VO-rI:- / PG2tt,ti, (b) (c) (d) a Up to fifty (40) percent of the parking facilities required for a•thoatre, bowling alley, dance hall, bar or restaurant may be supplied by the off-street parking facilities provided types of uses specified as a primarily oytlme use in Subparagraph (d) below. Up to fifty (40) percent of the off-street parking facilities required for any use specified under (d) below an primary daytime uses may.bo supplied by the parking facilities provided by the following night-time or Sunday ones; auditoriums incidental to a public or parochial school, churches. bowling alloys, dance hallo, theatres, bars or restaurants. Up to eighty (80) percent of the parking facilities required by this section for a church or for an auditorium incidental to a public or parochial school may be supplied by off -@treat parking facilities provided by uses specified under (d) below as primarily daytime uses. ror the purpose of this section the following uses are considered as primarily daytime uses: Bank@, business offices, retail stores. personal service shops, household qulpment or furniture shops, clothing or shoo repair or service shops, manufacturing. wholesale and similar uses. P-10" • epaar6 A*..oed 4n LO—W t (e) Conditions required for joint use: 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 (300) feet of such parking facilities. The applicant shall show that there is no 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. iii. 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 Attorney, shall be filed with the City Administrator and recorded with the County Recorder, Wright County. 3-6: OFF-STREET LOADING: (A) PURPOSE: The regulation of loading spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and so to promote the safety and general welfare of the public, by establishing minimum requirements for off-street loading and unloading from motor vehicles in accordance with the utilization of various parcels of land or structures. (D) LOCATION: 1. All required loading bertha shall be off-street and located on the same lot as the building or use to be served. 2. A11 loading berth curb cuts shall be located, at a minimum, fifty (90) feat from the intersection of two (2) or more street right-of-ways. This distance shall be measured from the property lino. 3. No loading berth shall be located closer than fifty (50) feet from a residential district unless within a structure. d