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CUP for Restaurant Happy Gardens II 1 CITY OF PC DATE: 3/20/91 \�{ cHANHAssEN CC DATE: 4/8/91 1 ■>.y CASE #: 91-1 CUP By: Olsen/v I 1 STAFF REPORT iiPROPOSAL: Conditional Use Permit for a 2,805 Square Foot Restaurant - Happy Gardens II II- Z LOCATION: Seven Forty One Crossing Shopping Center Q 1 Cmg) APPLICANT: Sang Cam K y R i c h a r d H e i s e J 15543 Sussex Drive Seven-Forty One Partnership I fi: Minnetonka, MN 55343 123 No. 3rd St. , Suite 808 Minneapolis, MN 55401 Clem Springer Q Weis Asset Mgmt. 1 3601 Minnesota Drive, #110 Minneapolis, MN 55435 II IIPRESENT ZONING: BN, Neighborhood Business District ACREAGE: , ""k:7:,t0r pelt IDENSITY: F�;.T.-- ✓ u✓� ADJACENT ZONING AND i,,w• --- LAND USE: N - BN; SuperAmerica br - `f^���r-- 1 S RSF; single family D.,r, �,-r,. ,- L.-- ,, iaa E - RSF; single family _ __- I < W - RSF; single family - r0, �~ •.,46'-'' QWATER AND SEWER: Available to the site. mm PHYSICAL CHARACTER. : The site is currently developed as a W shopping center with a SuperAmerica Station located__directly to the north of the - .m. shopping center. 2000 LAND USE PLAN: Commercial ■ 1 -B N 0 0 O 0 O O _ c v °- ID N N ' K fI N 1 Fi A N m N _�, O N MAN•R RD � ETA111110 lri -4-anziffRovwgeszort al 1-e- Ir4i, Itig\ A A-----M-- ------ --OL- l/t Al*i -0 lo‘ or*-V:%- rviarils: -44► 1 ilir .,...A•..m.,.. , ... . _ _ ,3444,, ' Irtrzi utrL. um Mel -mg' ittig,:s. Illiiiiiiiiii. ( ) _0, 0., I, hp <DEERE ta-mi I (Ir? (.4 ) i WiRdilliail 1 ' 'Ait'N Se.w.r...*For-ki- Or‘e, S1111 Crassinok. ShAPP14-6 CI MI : ...9 ' i'( `r _ 7 Mir ,.. - i '_1 RR iii 1 i A _ ii �� MI�RR/SONY Ai I 1 PAN - + i PUD- ID ,4 "NI/ -4-0 r _, 1 RR ° -At lirepn•-■,,44440404: . DRIVE ; : X (err 4 i I I = ii I ft i I `I 1 I Happy Gardens II Restaurant CUP March 20, 1991 Page 2 PROPOSAL/SUMMARY I The applicant is proposing to develop a 2,805 square foot restaurant in the Seven Forty-One Crossing Shopping Center. The restaurant is proposed to be located in the most easterly portion of the shopping center, where it is furthest removed from the neighboring residential areas. The restaurant is called Happy Gardens II and is a chinese restaurant. The restaurant would have a capacity of 60 persons. Hours of operation will be 11: 00 a.m. - 9: 00 p.m. , Monday through Thursday, 11: 00 a.m. - 10: 00 p.m. , Friday and Saturday, and 12 : 00 p.m. - 9:00 p.m. on Sunday. Access to the restaurant will be through the most easterly access entrance to the shopping center. The applicants are making a separate request for a liquor license. The liquor license application will be considered by the City Council independently of Planning Commission action. No Planning Commission review or recommendation of the liquor is required and there are no specific zoning ordinance standards related to the license, except for increased parking standards. The subject location within the shopping center was previously approved for the 5,800 square foot PJ's Restaurant. During review of PJ's Restaurant, parking was the major concern. This was due to the fact that PJ's was over twice the size of the current proposal and also included a bar area. The current proposal requires a much smaller number of parking spaces. The existing site plan for the shopping center providing adequate parking stalls for the inclusion of the proposed restaurant. In addition, the PJ's application raised questions regarding the intensity of use. The PJ's operation would have been considerably larger, have a var area and represented a much more intense use than the current proposal. I Based upon these findings, staff is recommending that the conditional use permit be approved with the appropriate conditions. BACKGROUND There has been a lot of history on this site culminating with the rezoning of the property from OI, Office Institutional to BN, Neighborhood Business. Originally, the request by the first applicant was to rezone it to commercial with higher intensity uses than permitted by the Neighborhood Business District. After a long process, the City did agree to rezone the property to Business Neighborhood District which is intended "to provide limited low intensity neighborhood retail and service establishments to meet daily needs of residences". On April 25, 1988, the City Council approved the first reading for the rezoning of the property at the southwest corner of Hwy. 7 and 41 from OI, Office Institutional to BN, Neighborhood Business I 1 11 Happy Gardens II Restaurant CUP ' March 20, 1991 Page 3 District. On the same date, the Council also approved the subdivision of the subject property into 3 commercial lots and site plan review for a 26, 000 square foot shopping center. An amended site plan was submitted to the City for City Council approval and on July 25, 1988, the City Council approved the final site plan for the shopping center. ' The shopping center currently contains neighborhood services such as a video store, a Subway Restaurant and a small Italian Restaurant. ' Site Conditions ' There are final improvements on the off-site which need to be completed in conjunction with the retail development. These improvements include final wear course on West 64th Street and boulevard restoration. The ponding area is complete. The letter ' of credit covering these improvements will be held until the improvements are completed. a requirement of the PJ's conditional use permit was that all improvements be completed prior to issuance I of a certificate of occupancy. Staff is proposing to maintain this requirement. A certificate of occupancy will not be issued until these improvements are completed. All other required on-site improvements have been completed. ' Landscaping and Parking The owner of the property has completed all of the landscaping requirements as part of the site plan approval. No additional landscaping is required or proposed as part of the restaurant application. Parking provisions were a major concern of staff during review of PJ 's Restaurant application. The parking provisions are no longer a concern with the reduced square footage of the proposed restaurant and removal of the bar area. The site plan currently provides for a total of 212 parking stalls. The demand for parking ' stalls is as follows: Subway Restaurant 11 stalls Italian Restaurant 11 stalls Remaining Retail 100 stalls (19,983 sq. ft. at 1 stall per 200 sq. ft. of gross floor area) Happy Gardens II 56 stalls Restaurant (2805 sq. ft. at 1 stall per 50 sq. ft. of gross floor area) TOTAL 178 STALLS i Happy Gardens II Restaurant CUP March 20, 1991 Page 4 In addition, the site plan proposes a 4, 000 square foot office ' building which requires 1 stall per 200 square feet for a total of 20 additional parking stalls. Therefore, the total parking demand on the site will be approximately 198 parking stalls which have been accommodated with the provision of 212 parking stalls on the site. Signage , The applicant is proposing two wall signs to be located on the north and east side of the shopping center. The subject parcel, 1 that the shopping center is located on, only has street frontage on Hwy. 41. The Zoning Ordinance allows one wall sign per street frontage per tenant. Therefore, the restaurant would only be permitted to have one wall sign. Business Neighborhood District Regulations Section 20-691 states that the intent of the BN District is to provide for limited low intensity neighborhood retail and service establishments to meet daily needs of residents. Permitted uses in the BN District include convenience stores without gas pumps, neighborhood oriented retail shops, day care centers, professional offices, private clubs and lodges, and shopping centers. Conditional uses in the BN District include convenience stores with gas pumps, automotive service stations, drive-in banks, bed and breakfast establishments and standard restaurants. The Zoning Ordinance defines a standard restaurant as 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 food and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed. 11 2 . A cafeteria-type operation where food and beverages generally are consumed within the restaurant building. The proposed restaurant meets the definition of a standard ' restaurant. Specific Conditional Use Permit Standards for Standard Restaurants ' The one specific standard for a conditional use permit for a standard restaurant under Section 20-286 requires a standard , restaurant to not be permitted within 100 feet of any residential parcel. The location of the restaurant in the shopping center is I I 1 _ Happy Gardens II Restaurant CUP March 20, 1991 Page 5 at the most easterly end of the shopping center and all external and internal walls of the restaurant are well beyond the required 100 foot setback from any residential parcel. The ordinance is not specific as to where the setback should be measured. Other interpretations could utilize the property line, in which case the setback would not be met, or even the front door. We reviewed the matter with the City Attorney and he found our measuring of the setback from the nearest exterior wall to be reasonable. General Issuance Standards for Conditional Use Permits ' The Zoning Ordinance lists 12 general standards that must be met for a conditional use permit to be approved. The applicant is in the process of applying for the liquor license which will be ' reviewed through a public hearing in front of the City Council. Since the applicant is pursuing the liquor license, staff will be reviewing the general issuance standards in terms of the standard restaurant serving liquor in the establishment. 1. Will not be detrimental to or endanger the public health, ' safety, comfort, convenience or general welfare of the neighborhood or the city. * The site is separated from the neighborhood with it's own ' individual access to and from Hwy. 7 and 41. There is no access from the site to the adjacent neighborhood. Therefore, people entering and leaving the site will not ' be directed through the adjacent neighborhood. Access from the neighborhoods to the nearby school will be provided through the trail system located south of the site so again, the conflict of pedestrian traffic and people using the restaurant is minimal. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. * A standard restaurant with a liquor license at this site is consistent with the comprehensive plan which designates this area as commercial. 3 . 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. ' * The restaurant will be located within an existing shopping center and will not change the existing or intended character of the general vicinity and will not change the essential character of that area. The parking lot configuration will change due to the addition of I i Happy Gardens II Restaurant CUP March 20, 1991 Page 6 parking stalls but all of the improvements to the site , will meet the Zoning Ordinance requirements and provide the landscaping typically required for any development. Therefore, even with changes to the parking lot, the site will essentially maintain the same characteristics. In fact, there will be some improvement for the neighborhood resulting from the fact that additional screening is being required across the currently exposed rear elevation of the structure. 4 . Will not be hazardous or disturbing to existing or planned ' neighboring uses. * Again, a restaurant with a liquor license could be perceived to be disturbing to existing and planned neighboring uses. There is the possibility of increased traffic and activity on the site due to the restaurant' s later hours which could result in disturbances to the neighboring uses. However, as noted above the potential for such disturbances will be minimized by the site plan and location of the restaurant. 5. 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. * The site is adequately served by the essential public facilities and services. The site was designed to accommodate the shopping center. There will improvements to the parking lot to further accommodate the restaurant and the need for additional parking. ' 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. * The restaurant will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. 7 . Will not involve uses, activities, processes, materials, equipment and conditions of opergtion 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. I 1 1 • Happy Gardens II Restaurant CUP March 20, 1991 Page 7 * As previously stated, there is some potential for additional traffic and noise impacts due to the hours of the establishment. As far as the possibility for odors, ' rodents and trash, staff is requiring that all garbage be stored internally minimizing any impact from excessive trash as a result of the restaurant. ' 8. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. * The site has been designed to accommodate the shopping center with separate access from Hwy. 7 and 41. The ' restaurant will therefore, not create traffic congestion to interfere with traffic or surrounding public thoroughfares. ' 9 . Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. ' * The proposed restaurant will not be changing the design of the building, therefore, it will not result in the ' destruction, loss or damage of solar access, -natural, scenic or historic features of major significance. 10. Will be aesthetically compatible with the area. * The existing structure will not be changed and therefore, will be maintained aesthetically compatible with the area. 11. Will not depreciate surrounding property values. ' * There may be claims that a standard restaurant with a liquor license could depreciate surrounding property values. The only way to determine if this is true would be for an appraisal of the property to be conducted and in our experience these studies have been inconclusive. ' 12 . Will meet standards prescribed for certain uses as provided in this article. ' * The proposed restaurant does meet the one specific standard for a conditional use permit for a standard restaurant in the Neighborhood Business District. I 11 Happy Gardens II Restaurant CUP March 20, 1991 Page 8 PLANNING COMMISSION UPDATE ' On March 20, 1991, the Planning Commission recommended approval of the conditional use permit for the restaurant. I RECOMMENDATION Staff recommends the City Council adopt the following motion: , "The City Council approves Conditional Use Permit #91-1 for Happy Gardens II Restaurant with the following conditions: I 1. All trash shall be stored internally. 2 . Prior to the issuance of a Certificate of Occupancy, there , shall be compliance with all conditions previously attached to other approvals on this site. 3 . The restaurant is only permitted one wall sign. " ATTACHMENTS ' 1. Application. 2 . Plans. 3 . Planning Commission minutes dated March 20, 1991. 1 1 CITY OF CHANHASSEN II ' 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 1 DEVELOPMENT REVIEW APPLICATION Mr. Richard Heise APPLICANT: Sang Cam Ky OWNER: Seven Forty One Partnership II _HRMA ADDRESS: 15543 Sussex Dr. ADDRESS: 123 N. Third St. . Suite 808 IIMinnetonka, MN 55345 Ilinneapolis. MN 55401 TELEPHONE (Day time) 933-4066 TELEPHONE: 339-2722 IIREQUEST ♦ Conditional Use Permit - $150 X ♦ Subdivision: II ♦ Interim Use Permit - $150 Preliminary Plat: I ♦ Land Use Plan Amendment - $100 - Sketch Plan - $200 ♦ Planned Unit Development: - Create less than 3 lots - $100 II - Sketch Plan - $200 - Create more than 3 lots - $100 + $15 acre + $5 per lot - Preliminary Development Plan lot created I $300 + $15 acre - Final Plat - $100 - Final Development Plan - $200 I .- Metes and Bounds - $100 - Amendment to Final Development Plan - $300 + $15 acre - Consolidate Lots - $100 IITOTAL PUD TOTAL SUBDIVISION ♦ Site Plan Review - $150 ♦ Wetland Alteration Permit: II ♦ Administrative Site Plan - Individual Single Family Review - $150 Lots - $25 II ♦ Vacation of Utility or - All Others - $150 Street Easement - $100 ♦ Variance - $75 ♦ Rezoning - $250 II ♦ Zoning Appeal - $75 ♦ Zoning Ordinance Amendment - No Charge IIA list of all property owners within 500 feet of the boundaries of the property must be included with the application. ITwenty-six full size folded copies of the plans must be submitted. See Exhibits A and A-1 for site plans I * NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. I II II PROJECT NAME Happy Gardens II LOCATION Seven Forty One Crossings Center, 2401 Highway 7 II LEGAL DESCRIPTION See Exhibit B 1 PRESENT ZONING Neighborhood Business 1 REQUESTED ZONING No change PRESENT LAND USE DESIGNATION Retail - Shopping Center I REQUESTED LAND USE DESIGNATION No change I REASON FOR THIS REQUEST Conditional Use Permit for a restaurant with wine and beer license applied for separately ' This application must be completed in full and be typewritten or clearly I printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you ' should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. This is to certify that I am making application for the described action by II the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter • pertaining to this application. 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 am the authorized person to make this application ' and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees II may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have, submitted are true and correct to the best of my II knowledge. I also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded against the title to the II property for which the approval/permit is granted within 120 days with the Carver County Recorder's Office and the original document returned to City Hall Records. . I ' 2.4--6{j ,1 e e f q Signature of PP licant Date II Y6(411 73/4 /1 /i 9/ 1 Signature of Fee Owner Date II 11 Application Received on • Fee Paid Receipt No. This application will be considered by the Planning Commission/Board of Adjustments and Appeals on I I I 1 I 1 I 1 I I I A' * `V —.----.44—T. J �ti, �� 1800 SF SUBWAY VIDEO \ UPDATE ��� : 101 102 , 103 105 n`� ��,, 3405. s 1. 1200 2400 'SF . • .... SF I 3 SOp j o COI ..>�\ S 1 N II i F o ■0 j .l y T' s�, !P r 0 O q4-v .,• quo ,4 , 11 `N 00 41, - r I • l SA.• ,`oJ - / • PROJECT DATA .! 5 . 01..A. OF RET.k11. CEIIIIR 25,888 I I, - 41F-CII/C01n.1o11 172 41. Seven Forty one Crossing a ' 00.A. 26,060 sI. Shopping Center 1 A nag .0 ACCESSORY 4,B00 4.1. - " '.( 1CYTA1. 0 I_A. 30.698 s I. 1 PARKING STAi 1. REQUIRED PER !00 !.1. 0.1..A, 28055q- T ri �11�ci Pr.�(�grill . : 00041s .l li . l ak alit i1A R1 i °. "D 24 stalls TOTA1. F.1RK1110 Rail) 154 stalls — MS — MI MR all NM — = OM MI • r r MI — • - sir-• FSHOITING =Ir SI'f PLAN Seven D t.g One Crass:mg 1 Shop= n_g Centel . --------------------"-------------M . 1 • 1 1 • 1 • : . A.IyaRIak -n- 1 , ' I `' .A.CCESSDRY7-3, _ __ __ __ _ _ =J = U_ - f--; i1 1111l 111R.ETAIL ffNi :� ... / v L I LZ lill! !i1! { / /� , t //, • • 1 J' + - 50 25 U . 1 \ /- -••,.7c. 1 . . i ,,,/,,„,, , . . ,\1/4‘ y . .., A fli.v‘ \ 1 $ / • 1 N cl r v O • � ow , y . ca cu .,.. I ,.. ` I 4,1 C oio� J • �+ = / '-7 Sr,, d p ' :.] .1.4 // '"'r ooh ,S" a ' O III o°. / o c3 f P22 a ;A ' �- �. N NI a I ___ _- ' G d.� O RJ r � S i m � O T N'{ M"y F..— O m : O = 1 2} e-1 r• -,' I. .^r N P1 PI en I • r'1 p rag C G A.to Q . Irt..— u V Lti C G' {� © c E° v c...... C. di » c al c---: • = - =•.,.1 ....: ._. C. {t .. :ct x C • ..- c-., R ... c 51 we.... •z r I IZ A' SHOPPIN ...rri Stir;PLAN I . ---_- Seven o ty One Crossing • shopmin.g Center • 1 . -----------------Th , 1 • ■ • • 1 H . • oti- SUM. ro • . .� ' • A CA .•• • RE:... T CENT Fr / I / '' / i/ iuiaaunk . J ; '/ // . • '' f / i 1 . nrr . 5 D. ___ 1 ...... ....... ......... 1 • • EXHIBIT B ' SHOPPING CENTER LEGAL DESCRIPTION I All that part of Lot 2, Block 1, SEVEN FORTY ONE CROSSING which lies easterly and northerly of the following described "Line 1' and which Pies southwesterly of the following described'Line 2". 'Line 1' is described as beginning at the northeast corner of Lot 1, Block 1, SEVEN 1 FORTY ONE CROSSING; thence South 0 degrees 17 minutes 22 seconds West, on an assumed bearing, along the east line of said Lot 1 and Its southerly extension, a distance of 223.35 feet; thence South 89 degrees 42 minutes 38 seconds East, a distance of 171.00 feet; thence South 10 degrees 04 minutes 39 seconds East, a distance of 200.78 feet; thence South 74 degrees 06 minutes 34 seconds East, a distance of 56.37 feet to a point on the east line of said Lot 2, Block 1 distant 247.69 feet south of the southeast corner of Lot 3, Block 1 and said line there terminating. 'Line 2" is described as beginning at a point on the south line of Lot 3, Block 1 1 distant 48.00 feet west of the southeast corner; thence southeasterly to a point on the east line of Lot 2, Block 1 distant 164.69 feet south of the southeast corner of Lot 3, Block 1 and said line there terminating. ' 1 1 1 I 1 1 I ITEL No . Feb .15,91 16;04 F.02 CITY OF CHANHASSEN _,APPLICATION FOR SIGN PERMIT 't),NUNI690DEVELOPM NT DtPARTMENT_..:..:. .---. .. _ _.., .._ - CHANHASSEN, MN 56317 - --= -_ - - - - • - permit No. • (619_937-1900 _ _. _______ — _ _ Date -. - - - Permit fee I ��1ess 24`0/ l!/wY -7 ii, s' • -- ironing District U i.anef/4tP/ p^( .. • Res. Comm. Ind. Public ' 4 ,'d.dress New - • Existing city Tel. No. Subdivision I1 liarle [//Y/(!lE -& - SfeN CO - Lot Block - /`( Address /0,3 (43014S A9U(5 Section Ni Si It:ity c5� ,IvL Tel. No.6'W-pZ�3 WORDING ON SIGN: fl4P'f>- )41a1' ) hereby acknowledge that I have read this cf'//!'�''„se AE.$�z.1, . s4- r, r"ic.ation and state that the information is -` i ri•ect and agree to comply with the Chanhassen, 1' urciinances and the State of Minnesota laws r iulcting building construction. I gnature of rraittee "e ph Erect Phone :0: l//V/rfi/1 4.S' vc o '5-D' 3 T ,-Valuation Est. Completion a I./.2./�GQ o c� ` CALL FOR IN-SPECTI3HSOMGLETION I • PHONE 937-1900 !ii'iF SIGN _` NEIL ALTERATION REPAIR-,! ADDITION OTHER 11-Mounted Free-Standing Other (specify) _ Permanents Temporary�� 1 ?ILminated ., Non-Illuminated Specific Use: A. 7 -'P-"f ' (/v,0,.-M1 fteel-77orrr 1,1011, of Construction: T pe of Construction: Face (Material Used) Fr upport ...w. -S12 + i+- ■ COLOR SCHEME tEET FEET = SQ. FEET ELEVATIONS AREA .-_- . 2 X l at 2-4T NORTH ;, ORDINANCE SECTION. _ I 2 x /2 = 2 ty SOUTH Use: Permitted Setback: Front Conditional_„— Side "" X • EAST ��' Non-Conforming Rear I . ..._ x = WEST "" ,i•• fight Ft. Weight Lbs. R APPLIC-ATIONS FOR A SIGN PERMIT MUST BE ACCOMPANIED BY Two COPIES OF FULLY DIMENSIONED PLAN! II _ E ( H TO SCALE SHOWING THE PROPOSED LOCATION OF THE SIGN ON THE-SITE, ELEVATIONAL DRAWINGS OF THE S':n, AND STRUCTURAL DIAGRAMS OF SUPPORTS, FRAME, FACE, AND ELECTRICAL SERVICE. ..._.. otPIT ISSUED pace 1HI EXPRESS C+ND ION HAT ALL IRK SHALL . "+ N C +'+•NC '' H HE +R+ NANC + 1 CHANHASSEN AND THE LAWS OF THE STATF AP MTNNFtl1TA. THTC OFRMTT rc vnin rr MADV It NAT fnwMPNrr I 0 ,e.,.,. I H- ''sti . N tl. U ., I r t i r k ( , \; o �-) 1 i f —.. . I g 7 2/ U 0 "' .11) 111, r_=,- , .. % ,I , u\-- 1 Ni- _L7.---._ 1", \ 1 t 1 1 1 1 ir---,-.---- . 1 flU', ,��; . \ I ill, I V\ 111111111111111011 trs't ‘ 0NA k� a 1 ` k '' I Aft k 1 1 I i It - I _ �W Date THIS DESIGN REMAINS THE PROPERTY OP I �AIbS ZI y� UNIVERSAL SIGN CO.AND IS TO BE niversal Signs D RETURNED ON DEMAND.NO REPRODUCTION SHALL BE MADE EXCEPT Anchor Signs BY WRITTEN AGREEMENT. ■ I I I • I 0 0 ._5" I0 CONSTRUCTION DETAIL 0 *p 1/ WALL 5tJ1z F...G E NI I *©/41.1/14• ,os o" i-s rre 1z. ¢.e'ru tai 1 �� i � DGf 41744-'4 PLSST t 6-T IZ t M I =e aleinr/Yellalf3/1/0" a4-rz y t_.I c. pve..E .24u writt5MM ....s.evL) TU Fla ��WA.13"-! 0 i►•it�ort 1Ut svPPoP-T I0 ®(,(JA.tJNEL tom. - 0 f O PIS N51N oVCsi I ±� io 14I60-4 Tt`is1bION rt lCt$ I Wig=iv ►2 SVrtr.mr wi.4.L-P44GH012 I ,Z to c,1 +© 30 E GO 1,44. -ra. .r,►Sr .pr/--'- . ®TirnN' O nE1-cAN I I I ® 'Pi I I Tr lc.t,4. L ..t...+r�rr ( .th eD eNA- h0L- .8 - Vt.04'-1ZON47 + r 65c-Tio 4 4_ t, rP`IL- — No 561.1-e I I 1 II 'Drawn by 'Date THIS DESIGN REMAINS THE PROPERTY OF UNIVERSAL SIGN CO.AND IS TO BE c Apprared by Date RETURNED ON DEMAND.NO J rivers Signs REPRODUCTION RITEN DEMAND. EXCEPT I __ Anchor Signs Inc. �_ Titte Drawing no. Scale 11 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: Happy Gardens II Restaurant 2 . Property. The permit is for property situated in the City 1 of Chanhassen, Carver County, Minnesota, and legally described as follows: All that part of Lot 2, Block 1, SEVEN FORTY ONE CROSSING which lies easterly and northerly of the following described "Line 1" and which lies southwesterly of the following described "Line 2" . "Line 1" is described as beginning at the northeast corner of Lot 1, Block 1, SEVEN FORTY ONE CROSSING; thence South 0 degrees 17 minutes 22 seconds West, on an assumed bearing, along the east line of said Lot 1 and its southerly extension, a distance of 223 . 35 feet; thence South 89 degrees 42 minutes 38 seconds East, a distance of 171.00 feet; thence South 10 degrees 04 minutes 39 seconds East, a distance of 200.78 feet; thence South 74 degrees 06 minutes 34 seconds East, a distance of 56. 37 feet to a point on the east line of said Lot 2 , Block 1 distant 247. 69 feet south of the southeast corner of Lot 3 , Block 1 and said line there terminating. "Line 2" is described as beginning at a point on the south 1 line of Lot 3, Block 1 distant 48 .00 feet west of the southeast corner; thence southeasterly to a point on the east line of Lot 2, Block 1, distant 164. 69 feet south of the southeast corner of Lot 3, Block 1 and said line there terminating. 3 . Conditions. The permit is issued subject to the following 1 conditions: 1. All trash shall be stored internally. 1 2 . Prior to the issuance of a Certificate of Occupancy, there shall be compliance with all conditions previously attached to other approvals on this site. 3 . The restaurant is only permitted one wall sign. 1 4 . Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 1 I I 5. Lapse. If within one year of the issuance of this permit ' the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. ' 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. ' Dated: CITY OF CHANHASSEN By: Donald J. Chmiel, Mayor I By: Don Ashworth, City Manager STATE OF MINNESOTA) ( SS 1 COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 19_, by Donald J. Chmiel, Mayor and Don Ashworth, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. Notary Public DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P.A. ' 3460 Washington Drive, Suite 202 Eagan, Minnesota 55122 (612) 456-9539 RNK 1 I 1 Planning Commission Meeting March 20 , 1991 Page 2 1 . The sign may not exceed 20 feet in height . 2 . The area of the sign may not exceed 72 square feet . ' 3 . The sign shall maintain a minimum setback of 10 feet from all property lines . 4 . The applicant must submit an application for a sign permit . All voted in favor and the motion carried unanimously. ' PUBLIC HEARING: II CONDITIONAL USE PERMIT FOR A RESTAURANT TO BE LOCATED ON PROPERTY ZONED BH AND LOCATED AT SEVEN FORTY-ONE CROSSING CENTER, SANG CAM KY. HAPPY GARDENS Public Present: Clem Springer , Weis Asset Mgmt , 3601 Minnesota Drive #110 , Mpls , MN 55435 I Paul Krauss presented the staff report on this item . 11 Emmings: Is the size changing? Krauss: No . 1 Clem Springer : Approximately the same size . . . Emmings: Why don 't you come on up to the podium . Paul , does that conclude I the staff report? Okay . Clem Springer : Exhibit A , you can see that it was originally down in the 1 end of the center and now it 's in space 109 and 111 . Also we have the plans as requested by the City of the design of the restaurant here . Emmings: Okay , and what is the difference in size? How big are those two I spaces together? Clem Springer : 2 ,600 . ' Emmings: Alright . Is there anything else you 'd like to present to us at I this time? Clem Springer : No. We accept the conditions from staff . Thank you . Emmings: Alright , thank you . This is a public hearing . Are there any members of the public , anyone here that wants to comment on this? Conrad moved, Erhart seconded to close the public hearing. All voted in 1 favor and the motion carried. The public hearing was closed. 1 Planning Commission Meeting March 20 , 1991 - Page 3 Emmings: Tim , have you got anything on this one? Erhart: Just what 's the status of the landscaping? Krauss: The landscaping was completed last fall . Erhart: And the applicant is aware that we 're basically saying one wall sign as opposed to two? Clem Springer : That is moved in the interior . . .one sign . Erhart : That 's my only question . Conrad: Nothing . Emmings: Annette? Brian? Batzli : In condition 2 . Are we trying to say that the applicant shall comply with? Who are we trying to get to comply? I was just confused on the wording of that . Krauss: The owners of the shopping center . They 're co-applicants with the CUP . Batzli : Okay . I guess I 'd prefer that it read, cross out the words there shall be compliance with and say applicants shall comply with or shall have ' complied with . That's it . Emmings: Jeff? ' Farmakes: I have no comments . Emmings: Joan? Ahrens: No comments. Emmings: Alright . Does anybody have anything else they want to talk about on this one? If not , is there a motion? Erhart: I 'll move that the Planning Commission approve Conditional Use ' Permit #91-1 for Happy Gardens . Is there a date on that Paul? With some date with the conditions as stated in the staff report with number 2 to read , prior to issuance of a Certificate of Occupancy , the applicants shall ' comply with all conditions previously attached to other approvals on this site . Batzli : Second. Krauss: Paul is there anything, since you were just presented with a new plan for the restaurant , is there anything that should be added to give you a chance to review that or are you comfortable with the conditions that are here? 1 T Planning Commission Meeting March 20, 1991 - Page 4 Krauss: Mr . Chairman , I 'm comfortable with the conditions . The plans for the restaurant are pretty straight forward . The only thing that we would look for is that there not be a major addition of a bar or something that I we didn 't anticipate and that's not the •case here . Emmings: Alright . We 've got a motion and second . ' Erhart moved, Batzli seconded that the Planning Commission recommend approval of Conditional Use Permit #91-1 for Happy Gardens II Restaurant 11 with the following conditions: 1 . All trash shall be stored internally. 2 . Prior to issuance of a Certificate of Occupancy , the applicants shall I comply with all conditions previously attached to other approvals on this site . 3 . The restaurant is only permitted one wall sign . All voted in favor and the motion carried unanimously. ' PUBLIC HEARING: AMENDMENT TO SITE PLAN APPROVAL AMENDING THE SIGNAGE FOR THE CHANHASSEN MEDICAL ARTS FACILITY LOCATED AT 470 WEST 78TH STREET. Public Present: ' Name Address Bob Copeland 7625 Metro Blvd . , Suite 165 , Edina Brad Johnson Lotus Realty Sharmin Al-Jaff presented the staff report on this item . Chairman Emmings called the public hearing to order . Bob Copeland: My name is Bob Copeland . I 'm one of the owners of the building . If I may, I 'd like to review briefly with you what this is all about . This is the Chanhassen Medical Center . It 's been called various II other things. Ridgeview Medical Center most recently. This is the parking lot side and this is the street side . The two signs that are in question here , this is a directory sign. This is the proposed location of that and I don 't think the location is at question. I think the issue there is that the sign that we 'd like to put in place now is 6 inches higher than what was apparently previously approved . So that's the issue as far as I 'm concerned . So it 's 6 inches higher . So that 's one of the reasons we 're here . The other one is that this sign, this is the location of the pylon sign. It's the 78th Street side and there are two things related to that sign . According to staff , this sign is that we 're proposing is 4 feet wider than approved by Council . And also according to staff , they don't like the idea that we would say two things on the sign. As you can see in your packet there that we would say on one part of the sign we say r