1d CUP2003-8 Main Street BakeryCITYOF
CHANHASSEN
77 ~,(} 'Jarkvt Boulevard
PO Box 142
Or,a, %s?}! MN 55317
Adminislralioo
P1,7~ 952 227 1100
Fax 952227 !110
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Phone: 9522271160
Fax 952 2271170
Finance
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N]gre 952 227 !120
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Planning a
Natural Resouraes
PPxv 9522271130
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Web Site
MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
DATE:
Sharmeen A1-Jaff, Senior Planner
December 8, 2003
SUB J:
Conditional Use Permit #2003-8 to Allow a Food Processing
Facility (Main Street Bakery) to be located in an Existing Industrial
Office Building.
EXECUTIVE SUMMARY
The applicant is requesting a conditional use permit for a Food Processing
facility to occupy the westerly 21,427 square feet of an existing office/warehouse
building.
ACTION REQUIRED
City Council approval requires a majority vote of City Council present.
PLANNING COMMISSION SUMMARY
The Planning Commission held a public hearing on December 2, 2003, to review
the proposed development. The Planning Commission voted unanimously to
recommend the City Council approve the application. The verbatim minutes are
attached to the staff report.
RECOMMENDATION
Staff recommends adoption of the motion approving Conditional Use Permit
#2003-8 as specified in the staff report dated December 8, 2003.
ATTACHMENTS
Staff Report Dated December 8, 2003.
The City of Chanhassen · A (Ir,:)'~'!r10 ;3rr ~tJ itt'/',3 i I[ ~~ '~,
CITY OF
PC DATE: December 2, 2003
CC DATE: December 8, 2003
REVIEW DEADLINE: 1/30/04
CASE #: 2003-8 CUP
By: Al-Jaff:k
STAFF
REPORT
PROPOSAL:
LOCATION:
APPLICANT:
Conditional Use Permit to Allow a Food Processing Facility (Main Street
Bakery) to be located in an Existing Industrial Office Building.
Lot 1, Block 1, Chanhassen Lakes Business Park 8th Addition; Northwest
Comer of Lake Drive West and Mallory Court
Welman Sperides Architects
8500 Normandale Lake Blvd.
Bloomington, MN 55437
(952) 996-9662
Andreas Development
708 East Lake Street
Wayzata, MN 55391
(952) 345-7888
I.d
PRESENT ZONING: lOP, Industrial Office Park
ACREAGE: 3.37 acres
DENSITY: NA
2020 LAND USE PLAN: Office Industrial
SUMMARY OF REQUEST: The applicant is requesting a conditional use permit for a
bakery to occupy 21,427 sq. ft. of an office/warehouse building that has a total area of 43,000 sq. ft.
Notice of this public hearing has been mailed to all property owners within 500 feet.
LEVEL OF DISCRETION IN DECISION-MAKING: The City has limited discretion in
approving or denying conditional use permits, based on whether or not the proposal meets the
conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all of
the applicable conditional use permit standards are met, the permit must be approved. This is a
quasi-judicial decision.
Lot l, Block 1
Chanhassen Lakes
Business Park 8th Addition
Main Street Bakery
December ~ 8, 2003
Page 2
BACKGROUND
On February 14, 2000, the City Council approved site plan #2000-1 for a 43,000 square foot
office/warehouse building to be located on Lot 1, Block 1, Chanhassen Lakes Business Park 8th
Addition, as shown on the plans dated received December 17, 1999, subject to conditions.
On January 5, 2002, the City Council approved Interim Use Permit # 2000-3 to allow a church in
an lOP District, for "The Life," to be located on Lot 1, Block 1, Chanhassen Lakes Business
Park 8th Addition, and occupy 20,700 square feet, as shown on the plans dated received
November 1, 2000, subject to conditions.
Main Street Bakery wishes to occupy the westerly 21,427 square feet of the building. Under the
zoning ordinance, such operation qualifies as Food Processing and requires a conditional use
permit in the lOP district.
PROPOSAL SUMMARY
The applicant is requesting a conditional use permit for a Food Processing facility to occupy the
westerly 21,427 square feet of an existing office/warehouse building.
Main Street Bakery
December ~ 8, 2003
Page 3
The site is located at the northwest intersection of Lake Drive West and Mallory Circle. The
building is zoned Industrial Office Park and a Food Processing facility requires a Conditional Use
Permit in this district. Access to the 3.37 acre site is gained via Mallory Court. The building is
designed in a "U-shape" with loading docks screened inside the "U." This creates a suitable
access for delivery trucks to the bakery. The applicant has expressed a desire to sell baked goods
from the site. The zoning ordinance permits that a maximum of 20% of the floor area may be
used for retail purposes of merchandise manufactured or stored on site. This will be a condition
of approval for this application.
In summary, with the incorporation of staff recommendations, the proposed conditional use permit
meets ordinance requirements, and staff is recommending approval subject to the conditions
outlined in the staff report.
CONDITIONAL USE PERMIT
Food Processing is permitted in the IOP District as a conditional use. The following constitutes
staff's review of this proposal against conditional use permit standards.
General Issuance Standards
Will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or city.
FINDING - The site is zoned IOP. The proposed use will not create any significant or
unexpected impacts from this operation.
e
Will be consistent with the objectives of the city's comprehensive plan and this
chapter.
FINDING -
The proposed use is consistent with the City's Comprehensive Plan. The
city approved a site plan for the site without variances and found that it is
in compliance with the zoning ordinance requirements. The proposed use
is specifically permitted in the IOP District. Staff evaluated the parking on
the site and found that based on the proposed use, the bakery will require
22 spaces. An office space in the building uses 28 spaces (total 50
spaces). There are 111 parking spaces available on site.
Will be designed, constructed, operated and maintained so to be compatible in
appearance with the existing or intended character of the general vicinity and will
not change the essential character of that area.
Main Street Bakery
December ;~ 8, 2003
Page 4
FINDING -
The site is located north of a collector road. It is in the industrial district
and as such, a food processing facility is fully consistent with this site. All
functions associated with the business will be indoors. Architectural
standards required by the site plan requirements are being adhered to.
4. Will not be hazardous or disturbing to existing or planned neighboring uses.
FINDING - There will be no measurable impacts to the existing or planned
neighboring uses.
Will be served adequately by essential public facilities and services, including
streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use.
FINDING - Full city services are available to this site. Roads serving the site are fully
capable of handling the access needs of this proposal.
Will not create excessive requirements for public facilities and services and will not
be detrimental to the economic welfare of the community.
FINDING - Staff is not aware of any excessive requirements for public facilities.
Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare
because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents,
or trash.
FINDING -
This site will not create adverse impacts to persons, property or the general
welfare of the area. Hours of operation, orientation of the building, and
lighting standards will comply with city ordinances.
ge
Will have vehicular approaches to the property which do not create traffic
congestion or interfere with traffic or surrounding public thoroughfares.
FINDING - The site is accessible from a collector street designed to commercial
standards.
Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
Main Street Bakery
December $ 8, 2003
Page 5
FINDING - The development of this site will not result in the loss of any features of
major significance.
10. Will be aesthetically compatible with the area.
FINDING - The existing building is well designed. The proposed food processing
facility will not have any negative impacts on the area.
11. Will not depreciate surrounding property values.
FINDING - The site is being used for a bakery. It will not depreciate surrounding
property values.
12. Will meet standards prescribed for certain uses as provided in this article.
FINDING -
Staff has prepared standards that have not yet been adopted by the city;
however, we intend to add these standards as reasonable conditions of the
permit. These standards aim to permit food processing plants within the
city limits as well as regulate the aesthetics, environmental, and odor
impacts on the neighboring residents.
2.
3.
4.
The site must have access via a collector or arterial roadway.
All loading docks must be screened with berming, landscaping, or
other structures.
Truck parking is permitted on-site only in designated truck parking
areas, parking must be screened.
Compliance plan must be submitted to the city including:
a. An inventory of potential or identified odor emission point sources
associated with the industry or source
b. An engineering quality plan detailing best available control
technologies and appurtenances designed to eliminate or achieve
the maximum reduction of odor pollution from an emission point
source inclusive of but not necessarily limited to certain
processes, procedures, or operating methods intended to mitigate
or control odor pollution.
A detailed explanation of the specifications and operating
parameters of the best available control technologies, monitoring
instrumentation and equipment, and processes and procedures
intended for the mitigation or control of odor pollution.
A specification of the documentation that will be made available
for the city's review which will verify the data produced by the
monitoring equipment, and which will verify that processes and
do
Main Street Bakery
December ~ 8, 2003
Page 6
procedures are conducted consistent with the specifications in the
facility's odor control study and plan.
e. An approved schedule which states, in a time certain manner, the
implementation and installation of the best available control
technology, processes, procedures, operating methods, and
monitoring instrumentation designed to mitigate or control odors
at the facility inclusive of an approved completion date.
f. An acknowledgment of the authority of the city and its agents to
enter into the facility or its property in order to investigate
complaints and to verify the facility's adherence to the compliance
plan.
FINDING-
Some of these criteria have been met, such as the location on a collector
street and the screening of the loading docks. The remaining standards,
which address odor concerns, will be incorporated with the conditions of
approval. These conditions include identifying the source, a plan to reduce
the odor, what type of equipment will be used, how the plan will be
implemented, and a deadline for the implementation of odor reduction
equipment.
Based upon the foregoing findings, staff is recommending that the conditional use permit be
approved with appropriate conditions.
RECOMMENDATION
........ ~ ~c City Council approves Conditional Use
"The m
Permit # 2003-8 to allow a Food Processing Facility in an IOP District, for Main Street Bakery,
Inc., to be located on Lot I, Block 1, Chanhassen Lakes Business Park 8th Addition, as shown on
the plans dated received November 7, 2003, subject to the following conditions:
1. The applicant shall contact the Building Inspections Department to discuss permit and
occupancy requirements.
2. The applicant shall meet with the Fire Inspection Department to discuss Fire Code
requirements.
3. Compliance with conditions of site plan and plat approval.
4. There shall be no outdoor storage of any equipment associated with the bakery or the
auxiliary uses associated with the bakery.
5. A maximum of 20% of the floor area may be used for retail purposes of merchandise
manufactured or stored on site.
6. Truck parking is permitted on-site only along the northerly parking area.
7. Compliance plan must be submitted to the city including:
CITY OF CHANHASSEN
CARVER AND HENNEP1N COUNTIES, MINNESOTA
FINDINGS OF FACT AND RECOMMENDATION
IN RE: APPLICATION OF MAIN STREET BAKERY FOR A CONDITIONAL
USE PERMIT #2003-8
On December 2, 2003, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Main Street Bakery for a conditional use permit
for the property located at the northeast corner of the intersection of Lake Drive West and
Upland Circle; Lot l, Block l, Chanhassen Lakes Business Park 8th Addition. The Planning
Commission conducted a public bern'lng on the proposed use, preceded by published and mailed
notice. The Planning Commission heard testimony from all interested persons wishing to speak
and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Industrial Office Park
2. The Land Use Plan guides the property for office/industrial land uses
3. The legal description of the property is: Lot 1, Block 1, Chanhassen Lakes
Business Park 8tn Addition
4. Ordinance Compliance, Section 20-232 (Conditional Use Permits):
a. The proposed use will not be detrimental to or enhance the public health,
safety, comfort, convenience or general welfare of the neighborhood or the city.
b. The proposed use is consistent with the objectives of the city's
comprehensive plan and this chapter.
c. The proposed use is designed, constructed, operated and maintained so as
to be compatible in appearance with the existing or intended character of the
general vicinity and will not change the essential character of that area.
d. The proposed use will not be hazardous or disturbing to existing or planned
neighboring uses.
e. The proposed use will be served adequately by essential public facilities
and services, including streets, police and fire protection, drainage structures,
refuse disposal, water and sewer systems and schools; or will be served
adequately by such facilities and services provided by the persons or agencies
responsible for the establishment of the proposed use.
f. The proposed use will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community.
g. The proposed use will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare because of excessive production of traffic, noise, smoke, fumes,
glare, odors, rodents, or trash.
h. The proposed use will have vehicular approaches to the property which do not
create traffic congestion or interfere with traffic or surrounding public
thoroughfares.
i. The proposed use will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance.
j. The proposed use will be aesthetically compatible with the area.
k. The proposed use will not depreciate surrounding property values.
1. The proposed use will meet standards prescribed for certain uses as provided in
this article.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the
conditional use permit for Main Street Bakery.
ADOPTED by the Chanhassen Planning Commission this 2nd day of December, 2003.
CHANHASSEN PLANNING COMMISSION
BY:
Uli Sacchet, Chairman
Nov
07 0:3 03: OSp
11×07/0~ 14:16
Kristi Kuhnert
WELMAN SPERIDES ARCHITECTS ~ G~NDRE~S DEU
G05-333-966~ P' 2
NO. 838 IM~i~2/003
CITY OF CHANHA$$EN
7700 MARKET BOULEVARD
CHANHASSEN, MN 55317
(052) 227-1100
DEVELOPMENT REVIEW APPLICATION
TELEPHONE (Day time) _
~ Tempora~ Sales Permit
Interim Uae Permit
Non-conforming Use Permit
Planned Unit Development'
.,, Rezoning
Sign Perm)Is
Sign Plan Review
.... Site Plan Review'
~ Subdivision'
Vacation of ROWIEasamanta
~ Variance
~ Wetland Alteralion Pemllt
.---. Zoning Appeal
-- Zoning Ordinance Amendmenl
__ Noriticatton Sign
~X Escrow for Filing Fees/Attorney
($50 CUPISPRNACNAR/WAP/Metas
end Bounds, $400 Minor SUB)
TOTAL FEE $
A lilt of all prOt)lrly ownerl within 50D flat of f~a boundarlee of the property mult be InGludKI with the
application.
Building material samples must be aubmlltad with alta plan reviawa
"Twlnty41x full eiz~ ~ G~lal et'the plane mult be submitted, including en ava" X 11" redu~a,d ~ of
tfaniparancy for ea~'..h plan sheet.
"Eicrow will be required for other appllratlont through the development cofltrlct
NOTE - When multiple applications ara processed, the appfopriate fee ~hall t:m charged for each appllcalion.
~ov
605 333 9669
O? 03 03: Ogp Kristi Kuhnert ~05-333-9G~9 p. 3
llxO?xO~ 14:16 WELMAN SPERIDES ARCHITECTS ~ ANDREAS DEU N0.818 p~sx00]
LOCATION
LEGAL DESCRIPTION
TOTAL
ACREAGE
WETLANDS PRESENT
PRESENTZONING
REQUESTED
ZONING
YES ~ NO
PRESENT LAND USE DESIGNATION
REQUESTED LAND USE DESIGNATION,
REASON FOR THIS REQUEST
This application must be completed in furl and be typewritten or clearly printed and must be accompanied by all information
and ptans required by applicable City Ordinance provisions. Before filing this application, you should confer with tho Planning
Department fo determine Che speCific ordinance end procedural requirements applicable to your apprication.
A 0etermination of completeness of the application shall be made wlmln lan Dusiness cays of application submittal. A written
notice of application deficiencies shall be mailed to the apppCant within ten business days of aopllcatlon.
This is lo certify that I am making application for the descnDed action by the City and that I am responsible fa' complymg with
all Clly requirements with regard to this request. This app~.ation should be processed in my name and i am the garry whom
the City should contact regarding any metier pm"~alnlng to this apl~llcafim't. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I em the authorized pemon
to make this application and the fee owner ha~ alee signed this applicalion.
I wilt keep myself informed of the deadlines for sul~mission of material and the progress of this application, t further
understand that additional fees may be charged for consulting fees. feasibility studies, etc. with an estimate p~iQr to
eumorizel~on Io proceed wilh the .'~l, ud¥. The dOoumenis and information I have submilted are true and correct to Ihs beat of
my knowledge,
The city horsily notifies the applicant that development review cannot l~e compleled within 60 days due ~ public hearing
requirements and agency review. Therefore. Ihs city is nollfying Ihs applicanl that the city rer~ukes an automatic 60 day
extension for development review. Development review shall be completed within 120 days unless additional review
exten§io~ are approva~d by ~ apl~ric, e~,,,n~
[:)Me
Date
Receipt No.
Appllcall~n Received on Fee Paid _
Tire applicant Ihould co~lllCt itaff for i I~d~y o~the i~aff report which will be avail;IDle on Friday prior to the
meeting. If not contacted, a copy Of Ihe report will be melMd to the appllr, altt'a addmae.
NOTICE OF PUBLIC HEARING
PROPOSED CONDITIONAL USE PERMIT #2003-8
CITY OF CHANHASSEN
NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a
public hearing on Tuesday, December 2, 2003, at 7:00 p.m. in the Council Chambers in
Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider the
Conditional Use Permit application to allow a Food Processing Facility (Main Street Bakery) to
be located in an existing Industrial Office building, located at the northwest comer of the
intersection of Mallory Court and Lake Drive West; Lot 1, Block 1 Chanhassen Lakes Business
Park 8th Addition. The applicant is Welman Sperides Architects.
A plan showing the location of the proposal is available for public review at City Hall
during regular business hours. All interested persons are invited to attend this public hearing and
express their opinions with respect to this proposal.
Sharmeen A1-Jaff, Senior Planner
Phone: 952-227-1134
(Publish in the Chanhassen Villager on November 20, 2003)
NOTICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
TUESDAY, DECEMBER 2, 2003 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
7700 MARKET BLVD.
PROPOSAL: Conditional Use Permit 2003-8 to
allow a Food Processing Facility
to be located in an existing
Industrial Office Building
APPLICANT: Welman Sperides Architects
NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant,
Welman Sperides Architects, is requesting a Conditional Use Permit to allow a Food Processing
Facility (Main Street Bakery) to be located in an existing Industrial Office Building, located at the
northwest corner of the intersection of Mallow Court and Lake Drive West; Lot 1, Block 1,
Chanhassen Lakes Business Parks 8th Addition.
What Happens at the Meeting: The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood about this project. During the meeting,
the Chair will lead the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses the project.
Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall
during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone
about this project, please contact Sharmeen AI-Jaff at 952-227-1194 or e-mail
saljaff@ci.chanhassen.mn.us. If you choose to submit written comments, it is helpful to have one
copy to the department in advance of the meeting. Staff will provide copies to the Commission.
Notice of this public hearing has been published in the Chanhassen Villager on November 20, 2003.
City Review Procedure
Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim
Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments, Code
Amendments require a public hearing before the Planning Commission. City
ordinances require all property within 500 feet of the subject site to be notified of the
application in writing. Any interested party is invited to attend the meeting.
Staff prepares a report on the subject application. This report includes all pertinent
information and a recommendation. These reports are available by request. At the
Planning Commission meeting, staff will give a verbal overview of the report and a
recommendation. The item will be opened for the public to speak about the proposal
as a part of the hearing process. The Commission will close the public hearing and
discuss the item and make a recommendation to the City Council. The City Council
may reverse, affirm or modify wholly or partly the Planning Commission's
recommendation. Rezonings, land use and code amendments take a simple majority
vote of the City Council except rezonings and land use amendments from residential to
commercial/industrial.
Minnesota State Statute 519.99 requires all applications to be processed within 60 days
unless the applicant waives this standard. Some applications due to their complexity
may take several months to complete. Any person wishing to follow an item through
the process should check with the Planning Department regarding its status and
scheduling for the City Council meeting.
A neighborhood spokesperson/representative is encouraged to provide a contact for
the city. Often developers are encouraged to meet with the neighborhood regarding
their proposal. Staff is also available to review the project with any interested
person(s).
Because the Planning Commission holds the public hearing, the City Council does not.
Minutes are taken and any correspondence regarding the application will be included in
the report to the City Council. If you wish to have something to be included in the
report, please contact the Planning Staff person named on the notification.
g:\plan\formsXrevicw procedure
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) SS.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
November 1'/, 2003, the duly qualified and acting Deputy Clerk of the City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of A
Conditional Use Permit 2003-8 to allow a Food Processing Facility to be located in an
existing Industrial Office Building, Lot 1, Block 1, Chanhassen Lakes Business Parks 8th
Addition to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an
envelope addressed to such owner, and depositing the envelopes addressed to all such owners in
the United States mail with postage fully prepaid thereon; that the names and addresses of such
owners were those appearing as such by the records of the County Treasurer, Carver County,
Minnesota, and by other appropriate records.
rd;]"'D~'uty Clerk
Subscribed and sworn to before me
this __ day of ., 2003.
Notary Public
g:\eng\forms\affidavit.doc
ANDREAS DEVELOPMENT CO LLC
7525 MITCHELL RD
SUITE 110
EDEN PRAIRIE MN 55347-1959
DATALINK CORP
8170 UPLAND ClR
CHANHASSEN MN
55317-9625
EDWARD A PAULS
8227 TOP OF THE WORLD DR
SALT LAKE CITY UT 84121-6031
GMP PROPERTIES LLC
19245 HWY 7
PO BOX 249
EXCELSIOR MN 55331-0249
HOYT/DTLK LLC
708 3RD ST S
SUITE 108
MINNEAPOLIS MN 55415-1141
L38 LLP
8156 MALLORY CT
CHANHASSEN MN 55317-8586
LAKE SUSAN HILLS
7600 PARKLAWN AVE
SUITE 200
MINNEAPOLIS MN 55435-5128
MCROI LLC C/O ROISUM ELITE
FOOD SERVICE
1400 LAKE DR W
CHANHASSEN MN 55317-8518
POWERS RIDGE II LLC
7600 PARKLAWN AVE S
SUITE 2OO
MINNEAPOLIS MN 55435-5174
STEVEN ROBERT SHIPLEY & JILL
LOUISE SHIPLEY LLC
261 EASTWOOD CT
CHANHASSEN MN 55317-8683
TRADEN LLC C/O MARK UNDESTAD
8156 MALLORY CT
CHANHASSEN MN 55317-8586
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
DECEMBER 2, 2003
Acting Chair Feik called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Bruce Feik, Kun Papke, Rich Slagle and Steve Lillehaug
MEMBERS ABSENT: Uli Sacchet, Craig Claybaugh and Bethany Tjomhom
STAFF PRESENT: Bob Generous, Senior Planner; Sharmeen A1-Jaff, Senior Planner;
and Matt Saam, Acting City Engineer/Public Works Director
PUBLIC PRESENT FOR ALL ITEMS:
Janet Paulsen 7305 Laredo Drive
Deb Lloyd 7302 Laredo Drive
PUBLIC HEARING:
REQUEST FOR A CONDITIONAL USE PERMIT #2003-8 TO ALLOW A FOOD
PROCESSING FACILITY (MAIN STREET BANKERY) TO BE LOCATED IN
AN EXISTING INDUSTRIAL OFFICE BUILDING; LOCATED AT THE
NORTHWEST CORNER OF THE INTERSECTION OF MALLORY COURT
AND LAKE DRIVE WEST; LOT Iv BLOCK 1~ CHANHASSEN LAKES
BUSINESS PARK 8TM ADDITION; WELMAN SPERIDES ARCHITECTS.
Public Present:
Name
Address
Nick Sperides, Welman Sperides Architects, 8500 Normandale Lake Blvd, Bloomington
Kristi Khumert, Andreas Development 708 East Lake Street, Wayzata
Victoria Woods, Andreas Development 708 East Lake Street, Wayzata
Sharmeen AI-Jaff presented the staff report on this item.
Feik: Questions for staff.
Lillehaug: One only, and it's regarding the compliance plan. Do we have similar
compliance plans that other businesses have in the city, and what are the results and
enforcement issues with them?
A1-Jaff: We are in the early stages of trying to adopt these standards. At the present time
we don't have these ordinances in place. It is staff's opinion that these are reasonable
conditions to be attached to the conditional use permit.
Planning Commission Meeting - December 2, 2003
Lillehaug: So we don't have any other compliance plan like this established, or in use
fight now?
Al-Jaff: No. The only other place that is a food processing plant is basically General
Mills.
Lillehaug: Is there any enforcement issues with them? You know that this compliance
plan would have actually helped. You know any complaints. I'm just seeing a
compliance plan here that's pretty detailed and I guess I'm just not familiar with them.
A1-Jaff: And it's intended to be for let's say a turkey plant, if that ever came to town.
Then you would be able to use that criteria. A bakery will not generate as much odor as.
Lillehaug: Sure. That's good, thanks.
Feik: Questions?
Papke: Yeah, just one quick one. There was some verbiage in here pertaining to the
percentage of the space that can be used for retail. Has the applicant given you any
indication as to their intention to that regard? Do they intend to offer some sort of retail
pie, periodic pie sales or something? You know I'm familiar with the Pies Inc in the
district.
Al-Jaff: One of the things that they had discussed with us was potentially selling loaves
of bread. And under our ordinance it is a permitted use. We just wanted to ensure that it
does not exceed the 20 percent. They did not give us an exact square footage.
Papke: That's it.
Feik: A couple questions. Is there any limitation on the types of products that can be
produced here now with this application?
A1-Jaff: It is bakery so donuts.
Feik: So any bakery items. Are there, our experience with the Pillsbury facility, what is
the product in particular, if there is anything, that we've had the most complaints?
Al-Jaff: Donuts. The smell is too sweet.
Feik: And there's no limitations of hours of operation?
A1-Jaff: No. It's an industrial park and typically don't have that in an industrial park.
Feik: Okay. Thank you. Other questions for staff? Alright then. If the applicant is here
and would like to make a statement, please address the podium. State your name and
address for the record.
Planning Commission Meeting - December 2, 2003
Nick Sperides: Good evening Mr. Chair, members of the council, or commission. Nick
Sperides. I'm Welman Sperides Architects representing Andreas Development, who I
have with me this evening. Always nice to be back in Chanhassen doing a project.
We've done several here and working with Sharmeen so we have nothing, we haven't
started doing any design work on the interior only because the tenants lease is contingent
on the conditional use so as soon as this is moving forward we'll begin working with the
tenant to design their space and work closely with your building officials, as we always
do, to make sure we're fitting in as we should.
Feik: Questions for the applicant? I have a couple. You do as well? As representing the
applicant, do you know if there will be 24 hour operation or if it will be a daytime
operation?
Andreas Development Representative: I don't think it's a full 24 hours but it's not just a
daytime either. They work pretty late at night.
Feik: How late at night?
Andreas Development Representative: I don't have any exact hours.
Nick Sperides: Don't have the information available.
Andreas Development Representative: They can work up to 18 to 20 hours a day.
Feik: Okay. So the operator of the bakery is not here?
Nick Sperides: No, he's not.
Feik: Rich.
Slagle: A couple questions with respect to what I'll call the retail application. Would
you have in your vision plans for signage?
Nick Sperides: Not having met with them yet I'm not sure. I'm sure they would want to
put a compliant sign on the exterior towards the front door. Their retail operation is
minimal, if any and again we haven't begun working but our understanding with them is
that that's not one of the functions. They are an outsource bakery and so it's not like a
drive up.
Slagle: ...I got you. You know, I'm going to hold this for staff. I have another question
but that's it.
Feik: Thank you.
Nick Sperides: Thank you.
Planning Commission Meeting - December 2, 2003
Feik: This is a public hearing, if there's anyone else who would like to speak on this
issue, please step forward at this time. Seeing none we'll move on. We'll close the
public portion of this and bring it back. Additional questions, discussions for staff.
Amongst yourselves. Anybody want to start?
Slagle: I've got one. Sharmeen I apologize for not asking this earlier but similar to our
last meeting with the neighborhood to the south, not falling within the 500 feet. I take it
from the mailing list that basically none of the homes to the south were notified, other
than seeing it in the Villager.
A1-Jaff: As well as, well the...buildings were notified. To the south.
Slagle: Okay. I'm with you. You've got to go south of the fields but my question is this.
Is there any sense from staff's viewpoint that that could be a potential concern because if
you use General Mills as an example, assume for the most part that the winds either
travel northwest, southwest, this has a neighborhood, fairly large neighborhood, directly
to the south of it. I mean any anticipation?
A1-Jaff: It would need to comply with Minnesota Pollution Control Agency requirements.
If there is a pollution that falls within that criteria, then we would be able to do something
about it.
Slagle: Okay.
Al-Jarl: Now whether the smell of bread is offensive to someone, whether it's
considered a pollutant.
Slagle: I don't know. Okay.
Feik: Any comments?
Papke: In the event that the business became very successful, having seen what
happened years ago with Pies Inc over in the Crosby Industrial Park where when they had
their seasonal pie sales and so on, we had all kinds of traffic problems. If this business
became very successful and they decided to do something like that, would there be any
additional permits that would be required by the applicant in order to host something like
that? Just curious as to you know.
Generous: If they were to expand...
Papke: On the retail.
Generous: ...they could do a temporary sales permit.
Papke: Temporary sales permit? Okay.
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Planning Commission Meeting - December 2, 2003
Feik: I have a question for staff. I'm a bit troubled with this myself because I live down
wind, over half a mile from Pies Inc and don't quite enjoy it actually. This is a
conditional use permit so we do have the ability to add additional requirements to this.
A1-Jaff: Absolutely.
Feik: For approval if it were to move forward. My concerns, and I want to address it
back to staff, would be the hours of operation. Somehow being able to, assuming it were
to move forward to limit the hours. Make the applicant come back to extend the hours, if
necessary, and prove that they're a good corporate and neighborhood citizen type of an
operation. Staff, do you have any concerns with provisions of that sort?
A1-Jaff: One of the things that they did state is providing bread for bakeries and I don't
recall the names of the areas that they provide the bread for, but my assumption would be
the delivery truck would leave the premise at an early hour to get it to, let's assume that
it's Byerly's. To get it to Byerly's. So when you talk about limiting the hours.
Feik: Limiting baking hours. Or hours of baking where you would have odors
essentially being emitted from the facility.
A1-Jaff: You can definitely do that.
Feik: Okay.
Papke: Do we impose any such limitations on General Mills or anything of that sort?
A1-Jaff: No.
Papke: Would there be any issues with equitable treatment if this applicant, if we
requested this applicant or required this applicant to restrict those hours?
A1-Jaff: General Mills is a 24 hour operation.
Papke: Yes.
Al-Jaff: These are their headquarters in Chanhassen.
Papke: Right.
A1-Jaff: And again this is an industrial setting. The majority of what all the businesses
within an industrial office park don't have limitation on the hours of operation.
Feik: But this would be the only firm that would be knowingly emitting odors into the
environment.
Planning Commission Meeting - December 2, 2003
Al-Jaff: One of the conditions of approval that we added.
Lillehaug: As long as we're in the discussion stage, could I maybe discuss a little bit
about really what is limiting hours going to do for us? I mean if they're emitting odors, is
limiting hours going to fix that?
Feik: I'm not sure. It might give the neighbors a break.
Lillehaug: Right.
Feik: I'm guessing that being next to a bakery a couple of days or 2 or 3 days a week is
very different than living next to one 7 days a week. You know 52 weeks a year.
Lillehaug: I guess my opinion would be is, what staff has done here is implemented a
compliance plan and if there are problems with it, I think my opinion is that would be a
more appropriate measure than limiting hours is enforcing the compliance plan may be a
little more stringent.
AI-Jaff: If you look on page 7. Condition (c). 7(c). Mitigation or control of odor
pollution.
Slagle: If I could ask. No, go ahead.
A1-Jaff: The city can require them to implement those procedures. We would be able to
do that.
Slagle: In that plan, if I can ask, would go to our engineering department? Is that? I'm
just asking, are they qualified when it comes to emissions?
Generous: Probably building...
A1-Jaff: Yes.
Slagle: Okay. Then if I may, one last question. I'm remiss about not asking, since it's
come up before with General Mills. I trust we won't have trucks backing up where they
bang against the side.
A1-Jaff: We have talked about that and they will.
Slagle: This room will have trucks that.
Al-Jaff: They will not have the size of the trucks that General Mills has. This is a
substantially smaller operation.
Slagle: But they're aware that.
Planning Commission Meeting - December 2, 2003
AI-Jaff:
Slagle:
A1-Jaff:
Slagle:
They are aware that that is something that.
Don't knock the mix down. Okay.
They're not, there's no intention to generate that kind of raucous.
Noise.
A1-Jaff: Noise.
Lillehaug: There never is though, right.
A1-Jaff: We can add a condition that says.
Lillehaug: No noise.
Slagle: I'll leave that up to you.
AI-Jaff: No beating of trucks against.
Slagle: I'll leave that up to your discretion.
Feik: Commissioners, any other thoughts you want to share? Concerns? Would
someone like to make a motion then?
Slagle: I'll make a motion. I recommend that the Planning Commission approve
Conditional Use Permit #2003-8 to allow food processing facility in lOP district for
Main Street Bakery Inc to be located on Lot 1, Block 1, Chanhassen Lakes Business Park
8th Addition as shown on the plans dated received November 7, 2003, subject to the
following conditions 1 through 7, including within 7 a through f.
Papke: Second the motion.
Feik: Any amendments? Seeing none, call for a vote.
Slagle moved, Papke seconded that the Planning Commission recommends approval
of Conditional Use Permit #2003-8 a Food Processing Facility in an lOP district for
Main Street Bakery, Inc., to be located on Lot 1, Block 1, Chanhassen Lakes
Business Park 8th Addition as shown on the plans dated received November 7, 2003,
subject to the following conditions:
1. The applicant shall contact the Building Inspections Department to discuss permit
and occupancy requirements.
2. The applicant shall meet with the Fire Inspection Department to discuss Fire Code
requirements.
7
Planning Commission Meeting - December 2, 2003
3. Compliance with conditions of site plan and plat approval.
There shall be no outdoor storage of any equipment associated with the bakery or
the auxiliary uses associated with the bakery.
A maximum of 20% of the floor area may be used for retail purposes of
merchandise manufactured or stored on site.
6. Truck parking is permitted on site only along the northerly parking area.
7. Compliance plan must be submitted to the city including:
An inventory of potential or identified odor emission point sources
associated with the bakery.
An engineering quality plan detailing best available control technologies
and appurtenances designed to eliminate or achieve the maximum
reduction of odor pollution from an emission point source inclusive of, but
not necessarily limited to, certain processes, procedures, or operating
methods intended to mitigate or control odor pollution.
A detailed explanation of the specifications and operating parameters of
the best available control technologies, monitoring instrumentation and
equipment, and processes and procedures intended for the mitigation or
control of odor pollution.
A specification of the documentation that will be made available for the
city's review that will verify the data produced by the monitoring
equipment and which will verify that processes and procedures are
conducted consistent with the specifications in the facility's odor control
study and plan.
An approved schedule which states, in a time certain manner, the
implementation and installation of the best available control technology,
processes, procedures, operating methods and monitoring instrumentation
designed to mitigate or control odors at the facility inclusive of any
approved completion date.
An acknowledgement of the authority of the city and it's agents to enter
into the facility or it's property in order to investigate complaints and to
verify the facility's adherence to the compliance plan.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.