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4 Consider Fast Food Restaurants without a Drive-Thru in a BN '0 City Center Drive, PO Box 141 FROM: ':hanhassen, Minnesota 55317 Phone 612,9371900 DA TE: General hlx 612.9375139 :/Igineering Fax 612.9379152 SUBJ: lIb/ic Safe0' Fax 612,934.2524 Xleb lI'II'III,Ci. cbanhm,'eJl. 11I11. liS CITY OF CHANHASSEN MEMORANDUM TO: Don Ashworth, City Manager 2~ :'iZJ' o{C/;r1nlJilsJi'n, A growing cOillilluni0' with dean lakc." qllli/itJ'SelIOO!i, II elJilIming downtolu/I, thri/ling bmine.r.res, and beilliti{td park'S, A glt'llt pllh'e to lil'i'. lI'ork, and plil)' Cynthia Kirchoff, Planner I January 21, 1998 Amend Section 20-694 to include fast food restaurants without drive-through windows as p31i of a shopping center as a conditional uSl;in the BN, Neighborhood Business District and a request for cori~ditional use permit #97-6 for the operation of Domino's Pizza at 2407 W, Hwy. 7 (7 & 41 Crossings) PROPOSAL / Ed Carr of Domino's Pizza is requesting a zoning ordinance amendment to allow fast food restaurants without drive-through windows as a conditional use in the BN, Neighborhood Business District. Currently, fast food restaurants are not permitted in the BN Dish'ict. This amendment will allow customers to eat the food at the restaurant, carry-out the food or have it delivered. There is also a request for a conditional use pemlit to allow Domino's to locate at 2407 W. Hwy. 7 (7 & 41 Crossings). This development is zoned BN, Neighborhood Business. PLANNING COMMISSION UPDATE The Planning Commission held a public hearing on January 7, 1998 to review the zoning ordinance amendment and the conditional use permit. Both applications were approved. At this meeting several issues were discussed. One issue was the hours of operation. The other issue was why Subway is located in the development when fast food restaurants are prohibited in the BN district. Since staff restricted the hours of Domino's Pizza to be from 8 a.m. to midnight, the Planning Commission was concerned with the hours of other establishments in the development. Staff surveyed the other tenants' hours. The following are the closing times, according to posted hours. ,~ 7 & 41 Crossings TENANT Jerry's Floor Store Career Cleaners CLOSES AT 9:00 p.m. (M-F) 7 :00 p.m. Amendment to Section 20-694 January 21, 1998 Page 2 Happy Garden II Pet Clips Hair Salon Video Update Subway Young America (Office Use) Super America 10:00 p.m. (F,S) 6:00 p.m. No hours posted 12:00 a.m. 10:00 p.m. (S-Th); 11:00 p.m. (F,S) No hours posted 11:00 p.m.* *Their CUP allows them to operate until midnight. The Planning Commi~sion did concur with staff on the restricted hours because they felt this neighborhood would not demand hours 'later than midnight. The hours of adjacent tenants clearly support this notion. According to building permit records, Subway has been at 7 & 41 Crossings since 1990. This is a non-conforming operation since fast food restaurants are not permitted in the BN district. They will not be allowed to expand, nor will another fast food restaurant be permitted to occupy this space in the future without a conditional use permit. BACKGROUND The BN, Neighborhood Business district intends to provide "low intensity neighborhood retail and service establishments to meet daily needs of residents." The following are some of the permitted uses in this district: convenience stores without gas pumps, neighborhood oriented. retail shops, dry cleaners, personal services, professional offices and health services. The conditional uses in this district are: 1. convenience store with gas pumps 2. drive-in banks including automated kiosks 3. standard restaurants 4. bed and breakfast establishments. Although these uses will serve the needs of the neighborhood, they will create additional traffic. This traffic and othe~concems (i.e., parking, lighting, noise, hours of operation, etc.) warrant the need for the conditional use permit. Amendment to Section 20-694 January 21, 1998 Page 3 The City Code differentiates between standard and fast food restaurants. Standard restaurants are a conditional use in this district but are permitted in the BH, CBD and BG districts. In this type of restaurant the food and beverages are served by an employee and they are consumed within the building. Whereas, the fast food restaurant "means an establishment whose principal business is the sale of food and/or beverages in a ready-to-consume state for consumption: 1. Within restaurant building; 2. Within a motor vehicle parked on the premises; or 3. Off the premises as carry-out orders; and whose principal method of operation includes the following characteristics: a. Food and/or beverages are usually packaged prior to sale and are served in edible containers or in paper, plastic or other disposable containers; b. The customer is not served food at his table by an employee, but receives it at a counter window, or similar facility and carries it to another location on or off the premises for consumption. " Fast food restaurants are not permitted nor are they a conditional use in the BN district. They are, however, permitted in the BH, Highway Business, and BG, General Business Districts. In the CBD, Central Business District, they are a permitted use if they are part of a shopping center, but are a conditional use if they are free standing. ZONING ORDINANCE AMENDMENT ANALYSIS The amendment limits the type of restaurant to fast food without a drive-through and the location as being part of a shopping center in order to maintain the intent of the district. A restaurant without a drive-through window located in a shopping center will not create the traffic as a "traditional" fast food restaurant in a free standing building. This will still allow those neighboring residents to enjoy such services without altering the character of the neighborhood. This use may also fill in a service void that may exist in that area of the City. This type of use would serve the residents ofthe surrounding residential developments. Customers could consume the food at the restaurant, pick it up or have it delivered by an employee. Being this request is specifically for Domino's, the use would not substantially increase traffic because many of the customers would not be traveling to the restaurant. However, if the tenant would change to a more intense fast food restaurant, more issues may surface. This is the basis for the requirement for the conditional use permit. Amendment to Section 20-694 January 21, 1998 Page 4 Staff believes a conditional use permit should be required because a fast food restaurant without a drive-through will still increase vehicular movements and affect the intentofthe district. Although the amendment was requested by Domino's, who only deliver pizza, it could change to a more intense user. Therefore, staff would like to protect the intent of the district by requiring a permit. Staff recommends approval of the zoning ordinance amendment to allow fast food restaurants without drive-through windows as part of a shopping center as a conditional use permit in the BN district. CONDITIONAL USE PERMIT ANAL YSIS The conditional use permit would allow Domino's Pizza to locate in an existing shopping center. This operation will deliver the pizza, so the customer would have no need to travel to Domino's. However, the customer does have the option to pick-up the pizza. These customers intend to be within 1 to 112 miles of the restaurant. Staff does believe that this service will be a benefit for those residents in the northern portion of the City. The applicant is requesting that Domino's be permitted to operate until 2 a.m. on Friday and Saturday. Staff believes that the hours should be restricted to midnight because this operation is located near a residential area. Also, no other tenant has hours past midnight. Staff recommends approval of the conditional use permit to allow Domino's to operate a restaurant without a drive-through at 2407 W. Hwy. 7. FINDINGS The Planning Commission shall recommend a conditional use permit and the council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or damage the public health, safety, comfort, convenience or general welfare of the neighborhood of the city. Finding: The restaurant will not be detrimental to or damage the public health, safety, comfort and general welfare of the community. This will enable residents in the northern part of the City to have this service. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Amendment to Section 20-694 January 21, 1998 Page 5 Finding: This area of the City is guided medium density residential. As part of the current comprehensive plan amendment staff intends to change the land use to commercial to make it consistent. Staff believes that the proposal will be consistent with the objectives of the comprehensive plan. 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. Finding: The applicant will not alter the exterior of the eXlstmg building but interior remodeling will take place. However, a building permit is required prior to the restaurant locating in the shopping center. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The restaurant will not be hazardous to existing or planned neighborhood 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. Finding: The restaurant will be served adequately by public facilities and services. 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: The proposal 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 condition 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: The restaurant will not be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents or trash. Hours of operation will be from 8:00 a.m. to midnight. 8. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Amendment to Section 20-694 January 21, 1998 Page 6 Finding: The proposal has vehicular approaches to the property which do not create traffic congestion or interfere with traffic surrounding public thoroughfares. Access will be gained through the existing driveway. 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The restaurant location 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. Finding: Since the exterior of the existing building will not be altered, the restaurant will be aesthetically compatible with the area. 11. Will not depreciate surrounding property values. Finding: The proposal will not depreciate surrounding property values. 12. Will meet standards prescribed for certain uses as provided in this article. Finding: The proposal meets the standards provided in this article. RECOMMENDA TIONS Staff recommends that the Planning Commission adopt the following motions: "The Planning Commission recommends approval of the amendment to Section 20-694 to permit fast food restaurants without drive-through windows as part of a shopping center (not a free standing building) as a conditional use in the BN, Neighborhood Business district." "The Planning Commission recommends approval for conditional use permit #97-6 for the operation of Domino's Pizza, located at 2407 W. Hwy. 7 (7 & 41 Crossings), based upon the findings presented in the staff report and with the following conditions: 1. All signage must comply with the City Code. 2. The operation shall comply with all conditions of site plan review #86-2. 3. The hours of operation shall be from 8 a.m. to 12 :00 a.m. Amendment to Section 20-694 January 21, 1998 Page 7 4. The applicant shall obtain a building permit for the interior remodeling." A TT ACHMENTS 1. Application 2. Section 20-691, BN District Requirements 3. Site Plan 4. Site Plan Review #86-2 Conditions of Approval 5. Property Owners 6. Minutes from the January 7, 1998 Planning Commission Meeting Ilcts I IvoI2Iplanlcklzoabn.fastfood.doc CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION CITY OF CHANHASSEN ~--- DEe 0 8 1997 CHANh/'lvvc;" l"'l.r\m~II~U LJtPT OWNER: - Mf.,t..-IAM C'1I,e1( ADDRESS: .rj '12- ~IRI > nt- ~N fi11A.1AiErt:J/fI~, /rltJ S . , TELEPHONE: 9.J.1- 2 '2..d 0 APPUCANT: ADDRESS: I TELEPHONE (Day time) ?Js- _ Comprehensive Plan Amendment _ Temporary Sales Permit L Conditional Use Permit - Vacation of ROW/Easements - Interim Use Permit - Variance _ Non-conforming Use Permit - Wetland Alteration Permit _ Planned Unit Development" _ Zoning Appeal _ Rezoning _ Zoning Ordinance Amendment _ Sign Permits _ Sign Plan Review _ Notification Sign - Site Plan Review" -2L Escrow for Filing Fees/Attorney Cost*" ($50 CUP/SPRlYACNARlWAP/Metes and Bounds. $400 Minor SUB) - Subdivision" TOTAL FEE $ 4OD. OQ A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. "'Twenty-six full size folded copies of the plans must be submitted, including an 8W' X 11" reduced copy of transparency for each plan sheet. - Escrow will be required for other applications through the development contract NOTE - When multiple applications are processed. the appropriate fee shall be charged for each application. PROJECT NAME l>OM~~' ~ LOCATION 2cto7 vi. UJY 821..ft 1 (1~ 'II ~;fO->>I/'IC C EN-re-,e) LEGAL DESCRIPTION TOTAL ACREAGE WETlANDS PRESENT PRESENT ZONING REQUESTED ZONING PRESENT LAND USE DESIGNATION REQUESTED lAND USE DESIGNATION REASONFORTHISREQUEST A c..&\1d.rhCV1ClI us.Q., ~It fzv tViG Dp-c..rz;rh (Jy) vf €A fvst foDe\ restcLuro..n t , YES NO This application must be completed in full and be typewritten or clearly 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. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by 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. 1 will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees 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 knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review ~edbYfap~ /.2--g/1? Signature of Applicant Date Signature of Fee Owner Appfication Received on 11-I'bf Qr; Fee Paid ~4{)8 .ceo Date Receipt No. 8-000 The appTIcant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION ~TY.OF~~ RECEIVElD' DEe 03 1997 CHAl'4n"'''''C:I~ r-LJ'\I.ml~1.1 ut:.PT APPUCANT: \:::NI'--\ \ 1=t--L (--:.fa.---N~ ADDRESS: ?be k~+~t; i ~(' _' ~5:; ~ WC>.'1 ~ 'bl06 'S\..); k I c:::.P . t. ,- _ l "-\...\.!""\~ <\~ l \ ~ ({'.".r'~ ~S '1 J <...0 TELEPHONE (Day time) lc I ). - so, ,. d;}~ C'l OWNER: I) _1. L/ \ CfDSS.~,,~ C&-'XlfL J.-I.... ~ ~ ~1v--U.Q.. ~p , ADDRESS: <6Ut TELEPHONE: (1'11-. -Sg I, ad~Q _ Comprehensive Plan Amendment _ Temporary Sales Permit - Conditional Use Permit - Vacation of ROW/Easements - Interim Use Permit - Variance _ Non-conforming Use Permit - Wetland Alteration Permit _ Planned Unit Development" _ Zoning Appeal _ Rezoning L Zoning Ordinance Amendment _ Sign Permits _ Sign Plan Review _ Notification Sign - Site Plan Review" -2L Escrow for Filing Fees/Attorney Cost.... ($50 CUP/SPAN ACN AR/W AP/Metes and Bounds, $400 Minor SUB) - Subdivision" TOTALFEE$ 500.00 A Ost of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. N<--':: /'J.~ bO\L.;:'I"-l1o 1~\0'::"~c.~. "'Twenty-six full size ~ copies of the plans must be submitted, including an 8%" X 11" reduced copy of transparency for each plan sheet. - Escrow will be required for other applications through the development contract NOlE - When multiple applications are processed, the appropriate fee shall be charged for each application. f'ROJECTNAME '} ct y \ C,rc,ss,'lC--S CQ21\..-l ~--L LOCATION ~" --t-;",G...L.,t- C !-r.~.,.- u:: ~ ,f)-k~c.CiJc---. G~ t-k~}\~ ':-, ., ~ 'll LEGAl DESCRIPTION 'Tt~ ~ ATI<<Jyd. TOTAL ACREAGE :) &:>. C'Lt <"F cL :; . db /lC2~~ . WETlANDS PRESENT YES ~ NO PRESENT ZONING ~L \ (-h!.-:x.v~:.C\. ?-X. ~ --.,L.--,~ (6i"-! ') REQUESTED ZONING '-D.u.r-- kc.,~ (J/nc'.--y::t" I)' -k, C"--~ PRESENT lAND USE DESIGNATION C.{-fYlr'"'('-(<('~\ /~iG , 6,-~~-\. .-- REQUESTED lAND USE DESIGNATION -6:-'\l..i.~ A<.... /\ \~-( -.? REASON FOR THIS REQUESTL-,~\ \ i)h Cl~: .UA l (C~ L\~ f-::-'--t ffi ,-f?N T iZc:: l~ ~IE"'I\ l\:) ,LLC~,~ c:;c:..., RCL~ ~\.~ r."h0--\c ft <-...:.:.;1\('\t.G-I-a dv;'-.i - n--rC::;L.C:.~ ~I,\CC\:::.~. ;t)':,. '- ..:..c.c..)....'-.\ c\ (-1-.LL~c..::::, ~r 0...",;,,-.(.':,. p; 22(_.-tc; J-yc...-.:~ C./i ;.I'l~.""1Z- -K-~,T. This application must be completed in full and be typewritten or clearly 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. A detennination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is 10 certify that I am making application for the described action by 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. 1 will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees 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 knowledge.. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. ~/( /L, ,1- If (,--(..J___~ ~i~jlafUre q! ~plicant ':t:A:"I~:'-'. 1A::~ H ~b'l::l:i'_(E AI, --- -/ ,~ ~ '-"(.,<..'~ _e:-r~~. Signature of Fee Owner Application Received on I ~I 3 ( Cf '7 Fee Paid 4t. 5W. 00 /J ;}(J/ Date Date Receipt No. The appTIcant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. Jf not contacted, a copy of the report will be mailed to the applicant's address. t I ~ [I L I .. :t: FJ f z l? ~' ... .c:. - C/) rr ,. ~ - t > l\~ z November 17, 1997 l11s. Nancy Mancino 6620 G.7lpin Blvd ExcelsiOl~ IIJN 55331 RE: 7 &- 41 Crossings Shopping Center Chanhassen, 111N 55331 Dear l\.1ayor Mancino, I am 'writing on behalf of the Ol-vner of the above referenced shopping center and 1111: Ed Can~ owner of Bloomington Pizza which operates as Dominos Pizza. As you are most llkelyaware, Dominos Pizza is a pizza de/ive1Y business which operates pninaJily from strip centers located 1iI the neighborhoods which they service. M1: Ca1T recently opened another D0l1lliI0S Pizz.7 location 1n Chanhassen located near Highway 5 and whose appearance and operating practices have been exemplary. Ml: Carr and the Landlord have come to an agreement of terms whereby l\.1r. Carr would open a second location at the above referenced location 1n Chanhassen, pninanJy to senrice the homes v.'ithin one and one half nllJes of 7 &- 41 Cross1iIgS. Dunng the process of Ivorbilg with planmng staffit became clear to the sUlprise of al~ that a pizz(7 de]jve1Y business is strangely precluded from tenancy at thLc; center due to the current neighborhood busJiIess ZOl11iIg. The pizza delive1)' bus1iIess is a common tenant witllliI ShOppJiIg centeJ:<i sJimJm' to 7 &41 Cl'"OSSJilgS, however; it 1~' not uncomm:JJ1 for zoning to call fLy a special use pennit. ~Fe dl1not belie'l"e the' origi17.7l intent of the current zoning was to preclude this particular (vpe of temmt, but to contJ"Ol fast food types of tenants. Dominos Pizza would jj't apprDpriate~v with other allowable uses outlined in the zoning ,md it would seem most appropnate to add this classijjcation, Pizza De/ive1y, to the other cJass1jj'cat1~1J1s reqllJi1iIg a special use pennit rather than to rezone the ce11fe1: EL1th the Landlord and 11-11: Ca1T have enjoyed positive expeJiences worbilS with the City ol Chanlwssen 1n the past, and we look fOl1wmi to working with YOil tow.m.t a common solution to this surpnsJiIg complkatio17. 1...,';', ;.,.;,\ J h.71'e attached a copy of the Zol11ilg code 1il question lor your review as well as a site plan indie,,7tinS the desJi-ed location fLy the store. J would be pleased to .711swer any questions Wl11dl you nwy have or pronde .vou with addit1t1J1al in[01111.1ti011. l1wJ1k you in advance lor your attenti{)j] to tl11s matte1: ,. " '\'" !)".-., \'. .',-;~. .:,' '.. Si];cere~l-~ p~ "'-"" t:.' :(~ ~: _,~;: l~ 'I ,~';'": ~ ....... 'br ir;;;.... ,:.. ~:.~C K~ CI) B~ E-- CI) W > Z 1"""" ~ I ~ rl .., '~J , '1 '~7 - ~ '~: v..; November 18, 1997 C'-' IIYCrC-:"" , 11-.. ..." -'#-~"'~c.r\j Ms. Kate Aaneson Director of Planning City of Chanhassen 690 CouItier Drive Chanhassen, MN 55317 RE: 7 &41 Crossing Shopping Center Chanhassen, Minnesota Dear Ms. Aaneson, Attached please find a copy of the letter that was sent to Mayor Mancino and the four members of the City Council indicating the desire of Domino's Pizza to locate a second store In Chanhassen at the above referenced center and the problem that exists relative to the current EN ZOfllng as pOinted out by your staff As Indicated In the attached letter, we hope consIderation may be given to adding this specific use to those categories outlined under the conditional use section of the zoning rather then to require the rezofllng of the property which would give much broader rights relative to permitted uses than necessary or desired It is our hope that this solution may be acceptable allOWIng us to proceed with Mr. Ed Carr, the owner of the business. Thank you for any conSIderation you may prOVIde in this matter. SInCerelY, Suite 1050 Minneapolis Minnesota 55416 Phone 612-591-2260 Fax 612-591-2231 ("') :r: ~ '"'-J Z ...,... l?=' - ~ ,l:;.. (\J (f) - 511 (f) ("') )> '"'-J Z ::0 OJ 0 OJ 3: (f) f~ (f) - (f) tD :z - :z ~ :z 0 VI :;: t:rJ U'1 (f) t'1"J C en (f) "" 0 ::0 ~ is 0 ("') < ,. ~ tTJ () :n -< :j ~ :z r-r; ;:0 c.n ...., 0 c.n tTJ .;.. < w ::0 '=' ) 0 l'Tl W 0 (J ;Q - C is ." is 0 ,. -l :j l'Tl I r--WJ -3 ~l I l 8J tjJ .;. (,." is ." ... Vl :! o ^ l'Tl '" v; o '" 2 ;; -l ::c ,. ;;r:: r- :2 ~ C) Vl r- :;; ~ c ~ Z -i -< o c z C) ,. :! l'Tl '" ~ :I: ~ '" Vl ,. r- o Z z ~-+ U'1 ~ ,', ;;::; .;.. ?: ", .. . Ci ty of Chanhassen It\TT^C1t~/f t::.NT q- Carver and Hennepin Counties, Minnesota In the matter of Chanhassen Planning Case : 86-2 Site Plan Review Own e r: Seven Forty One Partnership Applicant: lbger Zahn Street Address: P. I . N .: 25-7940020 Legal Description: Lot 2, Block 1, Seven-Forty One Crossing Purpose: Approval of retail shopping center. Z on in g D i s t r i c t : BN, Neighborhood Business District 'I'he above en ti tIed matter was heard before the Planninq Comnission on March 16, 1988 and up for final action beiore the Chanhassen City Council on . April 11, 1988 The Ci ty Council ordered that a site plan approval ~ be granted based upon the documentation contained in Planning File 86-2 Site Plan Review subject to the conditions on attached Exhibit A~ Carver State of Minnesota) )ss , I County I, Jo Arm Olsen Ci ty Planner for the Ci ty of Chanhassen, do hereby certify that I have compared the foregoing with the original record thereof, and have found the same to be a correct and true summary thereof. Witness my hand and official seal of Chanhassen, Minnesota, this day of , 19 ~Q~~ Chanhassen City Planner NOT,E: P.J:;2__ / ~ - . /"".: ~ __.a_. 'I () EXHIBIT A 1. The site plan shall meet the conditions of the conditional use permit approval. 2. The wall signs shall meet the requirements of the ordinance. 3. No signage will be permitted on the gas canopy. 4. All rooftop equipment must be screened from view from any direction. 5. The trash enclosure must oe totally screened. 6. The applicant shall not receive a building permit until MnDOT has approved access permits for Hwy. 7 and Hwy. 41, the access points have been installed and the final plat and development contract for HSZ had been recorded with Carver County. 7. The revised plan shall be reviewed and approved by the Minnesota Department or Transportation prior to final site plan review and comply with their conditions. 8. Storm sewer calculations shall be submitted to the City Englneer for approval prior to final site plan review. 9. A~ erosion control plan shall be submitted to the City Engineer for approval prior to final site plan review. 10. The applicant shall provide the City with a copy of the exe- cuted roadway easement for the portion of Lot 2, Block 1 which serves the westerly access for the subject parcel. 1'. Utility service for this property is contingent upon the HSZ site improvements. 12. No building permits shall be issued to SuperAmerica until all bnilding permits have been provided to HSZ and development starts on the shopping center. Uv &t'heAd<ZflJ"L OFFICE OF COUNTY RECORDER STATE OF MINNESOTA COUNTY OF CARVER Filing Fee '$ If) t This is to certify th,at this dqcJJIJl~n ~ileo 'n tpj,~offlce q~ the..,1U, ~y 19w..A.D.at~0 c oc M. and was duly recorded as document no.. 1.111.25 ( CA~ANSON JR. - & ountY(7\'rp;L by: M~ G_iA{--=--- Y " NOTICE OF PUBLIC HEARING PLANNING COMMISSION Wednesday, January 7,1998 at 7:00 p.m. City Hall Council Chambers 690 Coulter Drive SUBJECT: Zoning Ordinance Amendment and Conditional Use Permit for Domino's Pizza APPLICANT: Bloomington Pizza/PBK Investments, Inc. LOCATION: 7 & 41 Crossing Center Hwy. 7 and 41 NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Bloomington Pizza and PBK Investments, are requesting a zoning ordinance amendment to allow a restaurant without a drive through in a BN, Neighborhood Business District and a conditional use permit to allow a restaurant (Domino's Pizza) in a BN, Neighborhood Business District located in the 7 & 41 Crossing Center. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Commission Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. The commission will then make a recommendation to the City Council. 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 Cindy at 937-1900 ext. 117. 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 January 1, 1998. ^ J ~.:;"S,(Cl~'i =; 1;).!-zc:Y' '7 rnJJJ-~Lc.d L0:..J BENJAMIN GOWEN 6440 HAZELTINE BLVD EXCELSIOR, MN 55331 JOANNE & SHAWN KILLIAN 2449 WEST 64TH STREET EXCELSIOR, MN 55331 7-41 PARTNERSHIP C/O R. SOSKIN 5591 BRISTOL LANE MINNETONKA, MN 55343 RICK G BATESON 6440 ORIOLE AVE EXCELSIOR, MN 55331 RUSSELL & LYNN PAULY 2447 WEST 64TH STREET EXCELSIOR, MN 55331 7-41 PARTNERSHIP 5500 WAYZATA BLVD. SUITE 620 MINNEAPOLIS, MN 55416 . JODY B. MAJERES 6450 ORIOLE AVE EXCELSIOR, MN 55331 HOWARD & MICHELLE NELSON 2445 WEST 64TH STREET EXCELSIOR, MN 55331 SUPER AMERICA 4366 PO BOX 14004 LEXINGTON, KY 40512 AGNES ANDERSON 6470 ORIOLE AVE EXCELSIOR, MN 55331 S. STEWART/F. BRITZIUS 2444 WEST 64TH STREET EXCELSIOR, MN 55331 MARK & LORENA FLANNERY 2350 MELODY HILL ROAD EXCELSIOR, MN 55331 DALE & KELLY HANCE 6480 ORIOLE AVE EXCELSIOR, MN 55331 MICHELLE CURTIS 2446 WEST 64TH STREET EXCELSIOR, MN 55331 GARY BRUNSVOLD 6287 CHASKA ROAD EXCELSIOR, MN 55331 THOMAS RODE F275 CHASKA ROAD EXCELSIOR, MN 55331 NANCY JO PERKINS 2448 WEST 64TH STREET EXCELSIOR, MN 55331 ALLEN PUTNAM 6285 CHASKA ROAD EXCELSIOR, MN 55331 BARBARA PIKE 6421 ORIOLE AVENUE EXCELSIOR, MN 55331 ROR INC 2461 WEST 64TH STREET EXCELSIOR, MN 55331 MARJORIE/C.E. WOOSLEY JR 2511 HIGHWAY 7 EXCELSIOR, MN 55331 JAN REED 2461 WEST 64TH STREET EXCELSIOR, MN 55331 GARY REED 2461 WEST 64TH STREET EXCELSIOR, MN 55331 GARY CARLSON 3891 WEST 62ND STREET EXCELSIOR, MN 55331 GARY S. REED 2471 WEST 64TH STREET EXCELSIOR, MN 55331 MARJORIE COLLINS 3931 ASTER TRAIL EXCELSIOR, MN 55331