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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 />12/15/99 WED 16:05 FAX 16123402644 <br /> <br />DORSEY WHITNEY <br /> <br />~005 <br /> <br />DORSEY & WHITNEY LLP <br /> <br />Honorable Mayor Daniel Wall <br />and City Council Members <br />December 15, 1999 <br />Page 4 <br /> <br />B. Section 1006.02 (page 4, lines 9-11) provides that cornmerci<ll trucks exceeding <br />one ron should not use routes which bring the vehicJe~ berween the building and a residential <br />district boundary. Similarly to our comment in paragraph 2A above, this provision cannot be <br />complied with by M & J as the owner of an existing property, and in addition, conflicts with <br />other Sections of the Ordinance. See page 5, Jines 7.9 of Section] 006.02 for example. <br /> <br />C. Section 1006. 02 (page 5, lines 19-26) provides that the loading docks must be <br />used in specified manners. Again, similar to our comment in paragraph 2A above, this provision <br />cannot be complied with by M & J as the owner of an existing propcny. <br /> <br />D. With respect to the Plan Review requirements. if there is a significant change in <br />the regular hours of operation. M & J may not have control over a tenant's change in hours, <br />M & J has previously existing contraclual obligations under lea~cs "''lith tenants in the Crossroads <br />Shopping Center. Since M & J may lack the ability to enforce rhese zoning changes against <br />tenants, M & J could be subjected to Litigation by its tenants for breach of contract. <br /> <br />4. The Ordinance raises DubHe safety concerns. <br /> <br />A. The Ordinance requires snow removal and cerlain other operation activities to <br />take place during the hours of7:00 a.m. and 10:00 p,m., which are the hOllrs when customers and <br />their vehicles are present at the Shopping Center. Public safety COncerns and sound management <br />principles dictate that snow removal and certain other operation activities such as parkin~ lot <br />sweeping and restriping be done outside normal business hours so that it can be accomplished <br />with the least amount of danger to pedestrians. lraffic and parked vehicles. <br /> <br />B. Section 1006.02(1) of the Code, as amended by the Ordinance. would require <br />M & J to turn off all lights between the hours of 10:00 p.m. and sunrise unless they arc <br />reasonably required for security or business operation. This would expose M & J to liability if' <br />someone is hurt or attacked in its parking lot during these hours if adequate lighting is not <br />maintained. In addition, if a store has employees working during these hours. the employees will <br />need an adequately lighted parking lot to enSure their safety, There is no standard spec i ri~cI as [() <br />what lighting is reasonable. <br /> <br />C. Section lO06.02(L)(3)) of the Code, as amended by the Ordinance. would require <br />the owners to provide "frequent and thorough security monitoring." It is not cleal' as to what is <br />"frequent and thorough" and could subject the property owner to potentialliabilily for failure to <br />comply with this vague legal requirement. <br />
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