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06.06.2023 Planning CommissionCHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES JUNE 6, 2023 CALL TO ORDER: Chairman Noyes called the meeting to order at 6:00 p.m. MEMBERS PRESENT: Chair Eric Noyes, Erik Johnson, Vice-Chair Kelsey Alto, Perry Schwartz, Ryan Soller, Edward Goff, Steve Jobe. MEMBERS ABSENT: None. STAFF PRESENT: Bob Generous, Senior Planner; Eric Maass, Planning Director, and MacKenzie Young-Walters, Associate Planner PUBLIC PRESENT: Chris Albright Superior Contracting, 22356 Aberdeen Avenue, Jordan Edgar Cepuritis Vice President of Development, Café Zupa, 460 West Universal Circle, Sandy, Utah PUBLIC HEARINGS: 1. CONSIDER A REQUEST FOR A FRONT YARD SETBACK AND OTHER VARIANCES TO BUILD A TWO-STORY HOME ON PROPERTY LOCATED AT 3632 HICKORY ROAD MacKenzie Young-Walters stated additional properties in the neighborhood have requested variances in the past due to abnormal lot size. This current lot is larger than required by the zoning district. The property is unique because it is a bisected parcel. The applicant’s proposal would meet the zoning requirements aside from the front yard setback request at 20 feet. The staff assessed the request and stated the proposal was reasonable and recommended approval. Commissioner Goff noted the front setback was preferable to the back setback. Chair Noyes questioned the water resource success due to the lot topography. Mr. Maass stated the water resource engineer hopes to bring the lot closer to compliance with the code. The engineer provided an option of a rain garden. Chair Noyes invited the applicant to address the Planning Commission. Chris Albright, General Contractor, opened the floor for questions. Chair Noyes asked how confident Mr. Albright was on saving trees during the project. Mr. Albright stated he was confident as there was not much tree coverage on the building site. Planning Commission Minutes – June 6, 2023 2 Chair Noyes opened the public hearing. There were no public comments. Chair Noyes closed the public hearing. Commissioner Schwartz moved, Commissioner Perry seconded that the Chanhassen Board of Appeals and Adjustments, approves the requested 10-foot front yard setback variance, subject to the conditions of approval, and adopts the attached Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 7 to 0. 2. CONSIDER A REQUEST FOR A SUBDIVISION, SITE PLAN REVIEW WITH VARIANCES, AND A CONDITIONAL USE PERMIT FOR A DRIVE-THROUGH RESTAURANT LOCATED AT 800 W. 78TH STREET Senior Planner Generous gave a summary of the staff report, noting the applicant is Café Zupas and West Village Station, LLC. The zoning for the property is commercial use and is at an existing shopping center. The preliminary plat would create two lots, with the shopping center located at Lot 1 and the drive-through restaurant at Lot 2. Lot 2 requests a drive-through which requires a conditional use permit. The restaurant will provide pedestrian access, a patio area, and two drive-through lanes. The lot already has access to utilities and there will be minor grading changes for the new building. The project also meets drainage and stormwater management, but the city has concerns about the placement of the catch basin near trash receptacles to ensure no illicit dumping. The development does not meet the landscaping diversity requirements and need additional tree types. The architecture was reoriented due to concerns of traffic with the drive- through. The staff report encouraged the applicant to include spandrel windows to the south elevation and to reorient the door from the southwest corner of the building. The materials are stucco, brick, composite wood, and metal. The conditional use permit is for the drive-through. All requirements for the city code have been met. Café Zupas drive-through has a maximum of six vehicles and there will not be impact on traffic circulation. The city recommends approval of the conditional use permit. The city code does not accommodate literary artistic expression. The staff recommended approval for the variance so the company can match brand identity. Chair Noyes stated he received a letter from a resident about concerns with the signage. Chair Noyes asked if the signage would be a distraction for drivers. Mr. Generous stated he did not think this was a concern, and engineering did not see this as an issue. Chair Noyes asked about the issue with crossing and accessibility. Mr. Generous stated they are addressing it, but the shopping center is an issue. Commissioner Schwartz asked if the trees would be over the proposed deck. Mr. Generous stated the trees would be on the periphery. Commissioner Goff asked Mr. Generous to address the letter writer’s concern about underutilizing a primary location. Planning Director Maass stated the city approved a consultant Planning Commission Minutes – June 6, 2023 3 study to address a downtown design study to ensure the space is used to the best of the opportunities. This application was submitted prior to this study, so it must be based on current ordinances. Chair Noyes asked if the city is completing this study if it would be best to wait on approving this application. Mr. Maass stated they are under a statuary 60-day requirement to act on this application unless there is a moratorium. This current study would not be applied retroactively. Chair Noyes stated they received three letters regarding this project with a variety of opinions. Mr. Maass stated Café Zupa has been a good partner and made changes to promote pedestrian- friendly areas. Commissioner Schwartz stated the current study will have to take this building into account when considering additional building or business opportunities in the future. Mr. Maass understood but needs to review the application based on current city ordinances. Vice-Chair Alto shared that this location is well set up for a drive-through. The restaurant is a healthier option as opposed to a fast-food restaurant. Commissioner Schwartz asked if there was a physical barrier between the patio and the parking lot. Mr. Maass stated they suggested Café Zupa add a patio and they discussed adding a fence or barrier since it is next to the drive-through. Commissioner Schwartz asked if the restaurant places the order at the drive-through and waits at a pick-up location for the food. Edgar Cepuritis, Vice President of Development for Café Zupa, shared about the mobile ordering and drive-through options. Café Zupa desires to get cars from the drive-through queue to holding spaces to serve guests efficiently. Commissioner Schwartz asked if the gray areas on the site plan review are parking spaces. Mr. Cepuritis stated that is the current layout. There is a barrier between the current parking lot and the drive-through area. Customers are exiting into traffic either from the east or the north. Commissioner Goff questioned if the signage was artistic and not commercial. Commissioner Goff stated that the logo is used by Café Zupa, so it is commercial. He requested to see the logo meet city requirements. Chair Noyes questioned if the image was just a strawberry if it would be viewed as artistic. Commissioner Soller asked about the precedent of approving similar artistic signage. Mr. Maass stated that each variance is unique and does not create precedent from a policy standpoint. Chair Noyes stated he does not think there will be negative consequences to approving the artistic signage for Café Zupa. Commissioner Goff asked if the lettering and strawberry would be raised. Mr. Generous stated that the image would be painted. Planning Commission Minutes – June 6, 2023 4 Vice-Chair Alto stated the painting would not detract like plastic signage would. Commissioner Soller asked if there would be a requirement for maintenance. Mr. Generous stated they would be held to building maintenance ordinance. Commissioner Schwartz stated the traffic impact study provided referenced the Café Zupa building and a 3500 retail unit. He questioned what the retail unit would be. Mr. Cepuritis stated the traffic study was done in conjunction with earlier work, but is not currently planned for. Mr. Cepuritis stated citizens want a drive-through, which helped Café Zupa serve guests well during the COVID-19 pandemic. The new stores include a drive-through. Mr. Cepuritis thanked Mr. Generous and Mr. Maass for their time and work together. He stated there will be a fence area near the drive-through to block the headlights from 78th Street. Mr. Cepuritis shared information about the mural on the building. It states, “Good things happen in Chanhassen.” He asked commissioners what objects or images they can include on the mural that connects with Chanhassen. Mr. Cepuritis shared Café Zupa desires a high-quality building and plans to maintain the building. Mr. Cepuritis also shared that the spandrel windows are glass windows that you cannot look through. Commissioner Schwartz encouraged Café Zupa commercial designer to offer a local challenge to area graphic designers to submit ideas for the murals. Mr. Cepuritis stated the store would consider running a challenge through the school system. Commissioner Soller asked for an estimate of additional parking spaces. Mr. Cepuritis stated there is a net negative 20 parking spaces when accounting for the building. Commissioner Soller stated residents were concerned about parking spaces impacted by the building. Commissioner Schwartz asked about the plans to use green construction and renewable energy. Mr. Cepuritis stated Café Zupa is energy and environmentally conscious. There is no written policy in their company to incorporate green energy or environmentally conscious construction. Chairman Noyes opened the public hearing. There were no public comments. Chairman Noyes closed the public hearing. Commissioner Soller stated there is a large sign at the parking lot that advertises Lunds & Byerlys. He asked if there would be additional signage for Café Zupa. Mr. Generous stated the structure is currently in place and the current management can determine the usage. Commissioner Johnson asked about the door being moved in the design and asked if this move was desired. The door provides access to employees delivering food out to vehicles in the drive- through lane. Mr. Maass shared this change aligns with code, which states the main entrance should face the primary street and secondary entrance to the side or rear. The door is required to be on the façade to align with code. The door with the vestibule would be the primary door. Planning Commission Minutes – June 6, 2023 5 Commissioner Goff stated he approves of the sign, but requested to change the language in the application to state the sign is an artistic element to the storefront design. Commissioner Schwartz asked if the phrase “Nourish the Good Life” was a corporate slogan appearing on the letterhead or annual reports. Mr. Cepuritis stated the sign appeared on staff t- shirts. There is no copyright to this slogan and other individuals can use it. Commissioner Soller stated many individuals have different views of the development of downtown Chanhassen. He questioned what steps the city can take to increase pedestrian and motor traffic downtown safely and strategically. Vice-Chair Alto stated this is the goal of the Economic Development Commission. Commissioner Soller disagreed. Chairman Noyes shared when new concepts are being introduced, it is possible to create spaces from scratch. He noted the oldest part of the town is hard to develop with current businesses established. Mr. Maass shared the Planning Commission and Economic Development Commission will respond and react to active applications and future spaces. Commissioner Schwartz encouraged individuals to reference similar projects in other communities to consider what other neighboring towns are completing. Vice-Chair Alto moved, Commissioner Jobe seconded that the Chanhassen Board of Appeals and Adjustments approves Planning Case #2023-08 subject to the to the conditions of approval, and adopts the attached Findings of Fact and Decision, with the amendment to change the language of signage variance to artistic element. All voted in favor and the motion carried unanimously with a vote of 7 to 0. APPROVAL OF MINUTES: 1. APPROVAL OF PLANNING COMMISSION MINUTES DATED MAY 16, 2023 Commissioner Soller moved, Commissioner Schwartz seconded the approval of the summary Minutes of the Planning Commission meeting dated May 16, 2023 as presented. CITY COUNCIL ACTION UPDATE: Mr. Young-Walters stated the City Council approved the amendments presented before the Planning Commission at the last meeting except for the amendment for the use of pervious pavers in the shoreland. The engineering department is considering a more comprehensive look at this amendment. Chairman Noyes asked if the amendment would return to the Planning Commission. It was indicated that if there were substantive changes, it would return to the Planning Commission. Planning Commission Minutes – June 6, 2023 6 ADJOURNMENT: Commissioner Schwartz moved to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 7 to 0. The Planning Commission meeting was adjourned at 7:18 p.m. Submitted by Eric Maass Planning Director