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Last modified
1/14/2011 10:33:20 AM
Creation date
12/8/2004 3:48:13 PM
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Planning Files
Planning Files - Planning File #
3113
Planning Files - Type
Planning-Other
Project Name
Shopping Center Study
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<br />.. <br />12/15/99 WED 16:04 F.U 16123402644 <br /> <br />DORSEY WHITNEY <br /> <br />I4J 004 <br /> <br />DORSEY & WHITNEY LlP <br /> <br />Honorable Mayor Daniel Wall <br />and City Council Members <br />December 157 1999 <br />Page 3 <br /> <br />vague. It is not clear whether this term would include stores with extended seasonal hOLll'S during <br />the holiday retail season. Further, the term "significant outdoor activity" should specify whether <br />it applies [0 the sales of Christmas trees dUling the holiday season. AILhough Joel Jamnik, City <br />Attorney, stated at the December 13th City Council meeting that it was his opinion that rhis <br />would not apply to seasonal or intermittent use, this is not articulated in the Ordinance. in <br />addition, if a store is open until 11 :00 p.m., it would trigger this Ordinance even though It is nor <br />an "all night" operation. <br /> <br />C. Section 1006.015 of the Code, as amended by the Ordinance, requires plan review <br />for modifications, expansions or extensions of plans which "increase the cube of any bui !ding or <br />structure by more than ten percent (10%)". It is not clear whether the 10% threshold applies to <br />each individual modification, all modifications within a certain time period (i.e. one year) or all <br />modifications that are ever made to the structure. The definition of "cube" is vague and <br />ambiguous. <br /> <br />D. Section 1006.017 (lines 19-23) of the Code, as amended by the Ordinance, <br />requires additional performance standards if there is "a significant change in the regular hours of <br />operation". It is nor clear what a significant change would be. For example, if a tenanL changed <br />any hours of its operation, would it trigger compliance with the general minimum requirements? <br /> <br />E. Section 1006.017 (lines 8-10 on page 3) provides that the landscape screening or <br />fence shall be no less than six feet (6'). This provision does not state whether the requirement is <br />6 feet high or 6 wide and what point it is measured from. <br /> <br />F. Section 1006.017 (lines 14-16 on page 3) provides that the berm. wall or fence <br />shall be set back from the boundary a distance at least three times it~ height. It is not clear how <br />this height is calculated. <br /> <br />3. It may be impossible to comply with the Ordinance. <br /> <br />A. Section 1006.02 (page 2, lines 37-46 and page 3, line 24), a~ amended by the <br />Ordinance, provides that any new development must include a buffer zone not less than 40' or in <br />most cases 60' in width. Since the Shopping Center docs not cUlTently have a 40' or 60' buffer <br />zone, it will be impossible for M & J to perform any "new development." Thi~ secrion is <br />tantamount to an eminent domain taking provision if it could be construed to prohibit M & J <br />from making any changes to the Shopping Center. This would be an unreasonable constraint on <br />the ability of M & J to conduct its business. <br />
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