Ordinance 047k8aCITY OF CHANHASSEN
• CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE 47 -K -8A
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 often asso-
ciated with the construction of "fast food"
restaurants in areas which abut residential develop-
ment, 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
located in close proximity to 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 in general to
establish a moratorium prohibiting all development activities,
wherein only the so-called "fast food restaurant" has the imme-
diate potential to impair the goals of the Downtown Redevelopment
Project and impair the orderly installation of traffic improve-
ments 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 hereinafter defined,
within the following areas within the City;
Outlot 1, plat of Chanhassen Estates,
Carver County, Minnesota, and
Lot 2, Block 1, Chan Haven Plaza,
Carver County, Minnesota.
• All lots, outlots and tracts of land within
the plat of Park Two, Carver County, Minnesota, and
The North I of the Northwest I 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, remodel-
ing, 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
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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.
•
•
SECTION 3. PENALTY.
Any person, firm or corporation, violating the pro-
visions 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 October
23, 1984, whichever date occurs first.
Passed and adopted by the Council of the City of
Chanhassen this 23rd day of January , 1984.
Mayor
Attest:
r
City Clerk/City Manager
Published in the Carver County Herald on February 1, 1984.
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