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9. CUP for take out restaurant C ITY O F PC DATE: 4/4/90 q • CIIANHA5ET CC DATE: 4/23/90 CASE #: 90-2 CUP I STAFF REPORT PROPOSAL: Conditional Use Permit for a Standard Restaurant II - t} City AtioM 9 WO imm LOCATION: Seven Forty-One Crossroads Center ,/ A Zh,. ;,i Q APPLICANT: Wayne Salden �`'F� a V 140 W. Main Street e_ � IWaconia, MN 55387 �e,� s ST, cr :.sion y_-yam Q IPRESENT ZONING: BN, Neighborhood Business District IACREAGE: DENSITY: IADJACENT ZONING AND LAND USE: N - BN; SuperAmerica I . S - RSF; vacant E - RSF; single family Q W RSF; single family 'Id WATER AND SEWER: Available to property. PHYSICAL CHARACTER. : The site has been developed as a shopping center. The owner of the I Li.� center is proposing to have the I— certificate of occupancy by the end of April, 1990. 2000 LAND USE PLAN: Commercial II . IC c,� ,� .�► 13 N • D 8 0 o 8 8 -., 8 0 8 8 0 I 40 U! M N 0 c /� N N N- N N 01 ti -N MAN'R RC iP** twor/f, ■. cam: i..�n�� �� SOM/rP tf�- R �� RIFE .4ri�.,.,ate net L ;�' �'•gt . -'I�11�- 1ts' •- 4471 swig is, ..bito irgrlt,41. _ NI k 460/.-141 ,„,a-'milk ri 410 maw V1 jas. ..001,*4... 7 N. -'4"-At:e. =-=‘ o�D " i: t �,o ■•. IP OI . y + -,•■�■ ��� ,I � •TEAL ma YD Gi_ 9��4k ..KCLE)CIRC- �` E L4KE I,. a *,1 :14 Firo 1 �j RR 1111111 A% _ , . ili cyliiiiiv. -74zrill )1111 u ` �, I . Ma\L- N�tRR/SON ` Li I _-oil a 1 Q 1/4.0 re JJ '' ,,,, 1 A 4, .41119 vo • . . .,, y-.-i. ,;, • f. - LA, y' . ("I ,/ ) Ir r • Z 1t4 Salden Restaurant CUP 11 April 4, 1990 Page 2 , ANALYSIS The applicants are proposing to locate an Italian restaurant in the Seven-Forty One Crossing Shopping Center located at the corner of Hwy. 7 and Hwy. 41. The floor area is approximately 1,500 square feet and is located towards the easterly side of the shopping center (Attachment #1) . The Italian restaurant is proposed to have seating for 30 customers along with take out and may be requesting a 3.2 liquor license. The restaurant will be providing take out pizza and inside dining serving Italian dishes. The restaurant is also proposing to have a small deli case which would contain desserts, salads and light sandwiches. ' Since the restaurant will provide a sit down area for customers to be served by a restaurant employee, staff felt that the proposal meets the definition of a standard restaurant and therefore, requires a conditional use permit. The use is consistent with the Neighborhood Business District in that it will serve the daily needs of the neighborhood. The proposal meets the specific conditions of a standard restaurant for a conditional use permit in that it is beyond the 100 foot required separation between the restaurant and any residential parcel. The Zoning Ordinance also requires the following general conditions to be met: 1. Will not be detrimental to or enhance the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. * The proposed restaurant will not be detrimental to or endanger the public health safety, comfort, convenience or general welfare of the neighborhood or the city. 2. Will be consistent with the objectives of the city's ' comprehensive plan and this chapter. * The proposed restaurant will be consistent with the City's , Comprehensive and Zoning Ordinance. 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 proposed restaurant will be part of an approved shopping center and therefore, be designed and maintained so as to be compatible in appearance with existing or intended character of the general vicinity and will not change the essential character of that area. Salden Restaurant CUP April 4, 1990 Page 3 4. Will not be hazardous or disturbing to existing or planned neighboring uses. * The restaurant will not be harzardous or disturbing to existing or planned neighboring uses. 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. * All of the essential public facilities are available to the site. The Seven-Forty One Crossing Shopping Center was ' approved by the City Council on April 25, 1988. The site plan included parking to accommodate a restaurant with seating of 190 for a total of 76 parking spaces. The proposed restaurant contains seating for 30 and therefore, the number of parking spaces provided on the site will accommodate the proposed restaurant. ' 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 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. * Restaurants can result in excess production of trash, which can also result in rodents and odors. Therefore, staff is recommending that the restaurant be provided with its own ' trash enclosure at the rear of the restaurant and that it be enclosed with the same materials as the exterior of the shopping center. Should problems still arise from the ' production of trash, the city will have the opportunity to review the conditional use permit to insure that all conditions are being met and if necessary can require additional conditions such as recommending that the applicant contract with a hauler for daily trash collection. Salden Restaurant CUP II April 4, 1990 Page 4 8. Will have vehicular approaches to the property which do not I create traffic congestion or interfere with traffic or surrounding public thoroughfares. * The restaurant is part of the shopping center whose overall site plan has been approved by the city and which does not create traffic, congestion or 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 restaurant will not result in the destruction or loss ' features of any signficiance. 10. Will be aesthetically compatible with the area. ' * The restaurant will be aesthetically compatible with the area. 11. Will not depreciate surrounding property values. * The restaurant will not depreciate surrounding property , values. 12. Will meet standards prescribed for certain uses as provided in this article. * The restaurant meets the one specific condition for standard restaurants under the conditional use standards. Staff is comfortable with the number of parking spaces provided as part of the whole shopping center and feels that the proposed restaurant as part of the shopping center will be compatible with the overall approved site plan. PLANNING COMMISSION ACTION 1 On April 4, 1990, the Planning Commission unanimously recommended approval of the Conditional Use Permit subject to the plans submitted and a condition that the applicant provide its own trash enclosure. RECOMMENDATION , Staff recommends the City Council adopt the following motion: ' "The City Council approves the Conditional Use Permit Request #90-2 for an Italian restaurant to be located at Seven-Forty One 1 Salden Restaurant CUP April 4, 1990 Page 5 Crossroads Center as shown on the plans dated March 29, 1990, and with the following condition: ' 1. The applicant shall provide its own trash enclosure at the rear of the restaurant which shall be enclosed with the same materials as the exterior of the shopping center. " ' ATTACHMENTS ' 1. Detail of HSZ retail space. 2. Floor plan of restaurant. 3 . Letter from the applicant. 4. Application. 5. Planning Commission minutes dated April 4, 1990. I I 1 Mr - - r MI M • i • — MI r r i Ms — Ns — Iwo is V' t w` 101 102 103 104 105 s. ��\ • �,. 3405, s.f. 1200 s.f. 1200 s.f. 1200 s.f. 1800 s.f. 106 ~N. N. 1;4 0 0 ''N.N.Om...* a k .■ I 00 A l +• '0D 0 ■ At4 1I j j ■ � t ?oo .1-1.2 . ' . • 410p ?40 1' j' �. 410 ,• • !?0, i, • • , 140 j js . A? PROJECT DATA �`'• ,? "lac t>.'N • TY. a.4 A li s)&61. / '' G.LA. OF RETAIL CENTER 25,888 s.f. �� 'fosv MECH/OOMMON 172 s.f. Seven Forty One Crossing ``�� Center G.B.A. 26,060 a.f. Shopping r b ■ GE paL Ed. D AC ACCESSORY s.f. vaissmatartasmeressass TOTAL G.LA. 30,688 s.f. . 1 PARKING STALL REQUIRED PER 200 s.f. Q.L.A. REA TAIL CEwatFoR 130 stalls. ACC LDG. HSZ DEVELOPMENT LTD. TD.PARKNSG R AOL R BPROPOSED 24 stalls TT OwfsxT•r+nnaTT 1111•11•01111111111T aeT sons ancuusiwo Ix man. 1CTTAL PARKING REQ'D 154 stalls 'R)TAL PARKING PROVIDED 212 stalls I _ S 1111111111P/Pd MMIIIIIIMI 1T-10 1/2 CIUtc O'Brien Strother L. I.e: , fin ( Al Cll1TECTS MEW 110 I ....„1.... _IN MA KALE 5344 - , EDEN MAMIE W 6S1•• .\ •t21 M14 422 _kgall Ba:t • I I ( I u, I • iC 'Z..C:! 10 11__J �J DMING 1 1 1 t w«r certify;NA ul.n«, yf=•. i 102 ;`q=NI* I , w t rww••p M w w•.Y Et.«t I forms.ce w wt t ••qt •registered Architect •••w W ,■� tk 1 t• 1 AI t•._..� • C u l 11 r. 1 _ _ _ ____,,, `wthi L 914q•ry•r, L'SD \Y._iw� w, ° CLR %IP'. \GCD3\89571R , tilmnalitun IRIIIIILIIIII Ip,s 4•' o 104 I MIN ME Yom.' — - MM_�N T 1 1 HA!q 103 Ivy . _- — tk ...w1►, , •�lo-lam• 1 ISSUE DATA v Ara=., v w.. 1 Art' _rte YL'E A.■\Y 1 t .I 1 •`____ -- �R.O.• I•A�SI�1..�M.G O.I ° ABd : -NOT FOR — A..._Y... ....:JL j.M�.pY 1....1wwflu _ NY o- n ' &i1 "FOR�Tfl4FFCMTi 0 1 oao =11.Ki ummasmormweluslam i ■ - L �.i -i--E.i%a \ =fOR PLUMBING , ;� _ 1- Iil.l - '--&-ELfC ROUGH-IN 1y .a 1 --- l oil ,i�_-» ii, ,•-}-1 tai IO . .�11'LY- -__ �- I . N l�t -08-FEli-90-- _. ._ ''4'_-�'-.- . . 1�' h JAN t !'DR:BIDDING .___ .-._ _._i_,___P47-1�- EP-::iT `1_aj' 108 t - ____ Vex--. �,.. 1_ —_ I -r" , __ -_,T. 736a,i 1 •„' W p .. .1 Q'�.. �o warm' mums. —�--i :4 1 f-I_:___..,____,_t__49.-'a i • —��- r ' ITALIAN _;;,� / let l RESTAURANT i FLOOR )•-0. 3•-4• f PLAN / 16-6• / 4-4' f •-•- - • SFLOOR PLAN •colw.lsslo«••o 8957 • i18' . 1.-O. {RENO ,r,(Yte viariv # ou,L kk,viztaeax.f ■ ia /22) (5ateroW , • 96 yth:/,66. £ a-ø / : 4),/ /a/z/ri2,5 .0-72ex) /5 % 46c /nazi, aethAex kiJ Uile-1 btp; z 30 vo426( 2,W) 4 át 4-1 / 7 , illill alfite yoxet, Ji,ol111ic -41/ I Vngrliegeejl alt 04a4- 4cL) airftw 521 .) fiotze. / WWI .a.&O LACtbr 7 3/nZtei GOA; eadi, (e0i / / de/ a 6, c2/ad ) „IL& 1 • ithrtcciemitx c ORIA0 — 1 o • LAND DEVELOPMENT APPLICATION CITY OF CHANHASSEN 690 Coulter Drive Chanhassen, MN 55317 I , - (612) 937-1900 APPLICANT: (Giufr . S'.IJev\ OWNER: Q Z -■r I ADDRESS NO t aes 1- Au,;ti £L. ADDRESS 1010 PiSc,,# 1.442c-J Qct I pC4) tom Ii M.4i SS387 CtAa+w►v ■ S530 TELEPHONE (Daytime) 2-511 Zi S Code TELEPHONE C/7y- 3 3g7 Zip Code ' REQUEST: Zoning District Change _ planned Unit DevelOpment ' Zoning Appeal Sketch Plan • Zoning Variance _ Preliminary Plan Final Plan I Zoning Text Amendment ---- Subdivision II _ Land Use Plan Amendment Platting Metes and Bounds X Conditional Use Permit II Site Plan Review Street/Easement Vacation i Wetlands Permit IIPROJECT NAME 7-ill Cr4S5i45 PRESENT LAND USE PLAN DESIGNATION Y. IIREQUESTED LAND USE PLAN DESIGNATION II PRESENT ZONING Y REQUESTED ZONING X USES PROPOSED S 0 ' I Se,L.73- (ZA i,J( ,� 2 t r— SIZE OF PROPERTY 1500 <1, fi� r4 ' ILOCATION 7-41 CroSSiwJ IIREASONS FOR THIS REQUEST y\ II • - LEGAL DESCRIPTION (Attach legal if necessary) Lrrf 2 (.D4-/ 7-q) cfbAYh.S II II CHANHASSEN PLANNING COMMISSION REGULAR MEETING APRIL 4, 1990 Chairman Conrad called the meeting to order at 7:40 p.m. . MEMBERS PRESENT: Tim Erhart, Steve Emmings, Annette Ellson, Ladd Conrad,' Brian Batzli , Jim Wildermuth and Joan Ahrens STAFF PRESENT: Paul Krauss, Planning Director ; Jo Ann Olsen, Senior , Planner; and Dave Hempel , Senior Engineer PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A 30+ SEAT RESTAURANT WITH TAKE OUT ON PROPER _ ZONED BN, NEIGHBORHOOD BUSINESS DISTRICT, IN THE RETAIL CENTER LOCATED AT / SEVEN FORTY-ONE CROSSING ADDITION, WAYNE SALDEN. public Present: Name 1 Wayne Salden , Applicant Roger Zahn, HSZ , Jo Ann Olsen presented the staff report . Chairman Conrad called the public hearing to order . Erhart moved, Batzli seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. Ahrens: It 's pretty straight forward. I read the staff report. I don't really have any questions on the garbage enclosure. If staff thinks . . . I go along with the staff recommendation. , Wildermuth: I support the staff recommendation very thorough . Batzli : I just had two questions. One was weren't they proposing to put' a restaurant or a drive thru on the end of that corner? Olsen: At one point. Recently that was proposed. Krauss: Well , it wasn't officially proposed. It was discussed with staff and the owner was told that that's not a permitted or conditional use foil that district. Olsen: You might be thinking about Market Square. It was never brought before you. Batzli: For some reason, I don't know, I thought I heard that. I was just curious if it was going to be right close to this or not. Since it ' is a conditional use, I think we might be able to soften this condition even that that would be monitored by staff or something else if it's a problem. I don't know why we'd require it other than if it's been a problem at other restaurants but I 'd be certainly willing to allow staff " to monitor that and if it becomes a problem, to require it as a condition. i Planning Commission Meeting April 4, 1990 - Page 2 IIKrauss: If I could add. It's become a problem in another restaurant that we 've had in the City, Ahn Le which is just behind City Hall , and I 've had a number of these crop up as problems over the years in different ' communities . What tends to happen is first of all they have to walk a fair distance or further distance to a trash enclosure. The restaurants tend to generate a greater than usual trash volume . They also generate ' trash that has a lot more potential for vermin and odor and whatever else . You almost need to segregate it so that if we have a problem with them with the hauler coming more frequent enough, given enough intervals, we can specifically segregate that out from everybody else . There's sometimes health issues that develop over time and depending upon how frequently they clean it up. It's just been our experience that it 's best to have it segregated. ' Erhart: I think it looks good. I tend to think that having the separate trash enclosure makes good sense to avoid future problems and easier to ' define the contribution of trash in the future . I support staff on that issue. Other than that , I have no more comments. Emmings: Nothing. Ellson: I was curious as to what the hours were going to be . I just thought it 'd be interesting to know . I know SuperAmerica 's sitting there ' open 24 hours right there and it'd be pretty convenient for people to go get some gas and run in for some manicotti or pizza. Do you have that decided yet? ' Wayne Salden: It will probably run until midnight. . . I had one other comment on the trash thing. We already have a separate container for ours which is right behind our door . Do you still want us to have another one ' besides that? Our garbage pick-up is right behind our door . Conrad: I think what staff is saying it would be your , they want a ' container just for you so if the building has provided one just for you , then that 's what important. Krauss: That would satisfy us. ' Olsen: Yeah, we knew it was there but we just wanted to make sure it's their 's. ' Ellson: I agree with doing the trash thing. I think it's real easy to say staff 's going to monitor this kind of thing but I'd hate to see . . . Conrad: It 's a good staff report. No comments. Is there a motion? Erhart: I move that the Planning Commission recommend approval of a ' Conditional Use Permit #90-2 for an Italian Restaurant with the one condition as listed in the staff report. Wildermuth: Second. I Planning Commission Meeting April 4 , 1990 - Page 3 h q Erhart moved, Wildermuth seconded that the Planning Commission recommend as approval of Conditional Use Permit *90-2 for an Italian Restaurant to be located at Seven Forty-One Crossroads Center as shown on the plans dated !' March 29, 1990 and with the following condition: 1 . The applicant shall provide its own trash enclosure at the rear of thl restaurant which shall be enclosed with the same materials as the exterior of the shopping center. _All voted in favor and the motion carried. ' PUBLIC HEARING: II MCDONALD'S CORPORATION, LOCATED ON LAKE DRIVE EAST AND DAKOTA AVENUE, ZONED BH, HIGHWAY AND BUSINESS DISTRICT: A. PRELIMINARY PLAT TO REPLAT LOTS 1 AND 2, CHAN HAVEN PLAZA FOR THE 1 EXPANSION OF PARKING AREA. B. SITE PLAN REVIEW FOR EXPANSION OF RESTAURANT. Public Present: Name Address ' Gene Borg 6897 Chaparell Lane , Owner/Operator Ray Schleck Construction Engineer for McDonald's Tom Paul Krauss presented the staff report . Chairman Conrad called the public" hearing to order . Gene Borg: I 'm Gene Borg. I live at 6897 Chaparrel Lane. I 'm the owner' operator of McDonald's. Ray Schleck: I 'm Ray Schlock. I 'm a construction engineer . I work for II McDonald's Corporation. Gene Borg: I guess what we'd like to do is go through it one at a time. That seems like the easiest way on any problems that may develop instead II of talking about it all . Just go through like maybe start with landscaping since it's on the screen. However you'd like to do that. Call answer any questions and stuff like that. Conrad: If you had something to talk to us about, go ahead. Usually we'll go through and every one of us will have a specific question and we'll ask you directly later on so it's up to you. If you'd like to talk about what staff recommended or have any problems with it, you could do that . Otherwise you could wait for our comments later on. ' Gene Borg: Okay, on wetlands for example. I guess I was misinformed. I didn't think we were encroaching on that.