Ordinance 047k7CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
• ORDINANCE 47-K-7
AN INTERIM ORDINANCE TEMPORARILY
PROHIBITING THE CONSTRUCTION OF FAST
FOOD RESTAURANTS WITHIN CERTAIN AREAS
OF THE CITY
SECTION 1. INTENT AND PURPOSE.
This Ordinance is adopted for the purpose of:
1. Protecting the health, safety, and welfare of
the residents and future residents of the City of Chanhassen, and
2. Protecting the planning processes of the City
of Chanhassen and its citizens, and
3. Allowing a reasonable time for this City to
develop and adopt an ordinance and other official controls
which:
a. will ameliorate the negative aspects (including
• without limitation, noise,glare, and litter)
often associated with the construction of "fast
food" restaurants in areas which abut residential
development, and
b. will channel high traffic generating consumer
oriented businesses into the Chanhassen Downtown
Redevelopment Project Area, including both the
central business district and Chanhassen Lakes
Business Park, and
C. will temporarily delay development of additional
high traffic generating uses until such time as
the pending traffic improvements, contemplated
by the plan for Chanhassen Tax Increment District
No. 2, can be completed in an orderly manner, and
d. will avoid the overloading of the Dakota Avenue/
S.T. Highway 5 intersection which is expected
to occur if additional high traffic generating
uses are developed along the southerly frontage
road (aka Lake Drive East) to S.T. Highway 5.
•
This ordinance is limited to "fast food restaurants"
because the Council believes that its power to adopt moratorium
• ordinances or so-called interim ordinances should be exercised
with great restraint and should be limited in geographic scope
and in application. The "fast food restaurant" is the high
traffic generator which is most likely to be developed along
Chanhassen's S.T. Highway 5 corridor, as evidenced by construction
at the intersection of S.T. Highway 5 and Mitchell Road in
Eden Prairie to the east and as evidenced by the construction
of industrial plants along the S.T. Highway 5 corridor in
Chanhassen and in Eden Prairie. "Fast food restaurants" and
industrial plants are often in a simbiotic relationship with
each other, making the development of additional "fast food
restaurants" more likely as commercial -industrial properties are
developed along S.T. Highway 5.
The Council believes that it would be unfair to
the business community in particular and the citizenry is
general to establish a moratorium prohibiting all development
activities, wherein only the so-called "fast food restaurant"
has the immediate potential to impair the goals of the Downtown
Redevelopment Project and impair the orderly installation of
traffic improvements in accordance with the plan for Tax
Increment District No. 2.
SECTION 2. MORATORIUM.
• Prohibition. Pending the adoption of the
aforesaid ordinance and official controls, no building permit
shall be issued for the construction, remodeling, alteration, or
erection of any "fast food restaurant," as that term is herein-
after defined, within the following areas within the City;
Outlot 1, plat of Chanhassen Estates,
Carver County, Minnesota, and
Outlot 2, plat of Chanhassen Estates,
Carver County, Minnesota except
That part of said Outlot 2, which lies
westerly of a line 165.00 feet easterly of,
measured at a right angle to and parallel
with that particular westerly line of said
Outlot 2 having a record dimension of 345.17
feet and lying northerly of a line 20.00
feet northerly of, measured at a right angle
to and parallel with the following described
line. Said line is described as follows:
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Commencing at the southwest corner of said
Outlot 2; thence North 0 degrees 38 minutes
• 17 seconds East, along the westerly line of
said Outlot 2, a distance of 174.22 feet
to the beginning of the line to be described,
thence South 89 degrees 48 minutes 18 seconds
East a distance of 20.00 feet; thence easterly
and southeasterly a distance of 98.18 feet,
along a tangential curve concave to the
southwest having a radius of 125.00 feet and
a central angle of 45 degrees 00 minutes
00 seconds; thence South 44,degrees 48 minutes
18 seconds East, tangent to said curve a
distance of 78.79 feet and said line there
terminating, and
All lots, outlots and tracts of land within
the plat of Park Two; Carver County,
Minnesota, and
The North 1/2 of the Northwest 1/4 of Section 18,
Township 116 N, Range 22 W of the 5th Principal
Meridian, Hennepin County, Minnesota.
For purposes of this ordinance, "fast food
restaurant" means an establishment whose principal business
• is the sale of food and/or beverages in a ready -to -consume
state for consumption (1) within the restaurant building,
(2) within a motor vehicle parked on the premises, or (3),off
the premises as carry -out orders; and whose principal method
of operation includes the following characteristics:(a) food
and/or beverages are usually served in edible containers or
in paper, plastic, or other disposable containers; (b) the
customer is not served food at his table by an employee, but
receives it at a counter, window, or similar facility and
carries it to another location on or off the premises for
consumption.
The moratorium and prohibition established by
this ordinance shall not have application to the construction,
remodeling, alteration, or erection of any "standard restaurant."
For purposes of this ordinance "standard restaurant" means an
establishment whose principal business is the sale of food and/
or beverages to customers in a ready -to -consume state, and whose
principal method of operation includes one or both of the
following characteristics: (1) customers, normally provided
with an individual menu, are served their foods and beverages
by a restaurant employee at the same table or counter at which
food and beverages are consumed; (2) a cafeteria -type operation
where food and beverages generally are consumed within'the
restaurant building.
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SECTION 3. PENALTY.
• Any person, firm or corporation, violating the
provisions of this ordinance shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine not
to exceed Five Hundred Dollars ($500), imprisonment for not to
exceed ninety (90) days, or both.
•
•
In the event any building or structure is
constructed, erected, or moved in violation of this Ordinance,
the Zoning Administrator may institute any proper action or
proceeding in the name of the City (a) to prevent such unlawful
construction, erection or moving, (b) to restrain or abate
such violation, or (c) to prevent the use or occupation of any
such building or structure.
SECTION 4. EFFECTIVE DATE.
This ordinance shall take effect from and after
its passage and publication, and shall remain in force until
the date of adoption of the ordinance contemplated hereunder or
February 23, 1983, whichever date occurs first.
Passed and adopted by the Council of the
City of Chanhassen this 23rd day of August 1982.
MAYOR
Attest:
(11 -Ek) -
City Clerk Manager
Publish in the Carver County Herald on September 1 , 1982.
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