1. CUP Main Street BakeryPC DATE: December 2, 2003
CC DATE: December 8, 2003
REVIEW DEADLINE: 1/30/04
CASE #: 2003-8 CUP
By: A1-Jaff:k
STAFF REPORT
Z
PROPOSAL:
LOCATION:
APPLICANT:
Conditional Use Permit to Allow a Food Processing Facility (Main Street
Bakery) to be located in an Existing Industrial Office Building.
Lot 1, Block 1, Chanhassen Lakes Business Park 8th Addition; Northwest
Comer of Lake Drive West and Mallory Court
Welman Sperides Architects
8500 Normandale Lake Blvd.
Bloomington, MN 55437
(952) 996-9662
Andreas Development
708 East Lake Street
Wayzata, MN 55391
(952) 345-7888
PRESENT ZONING: IOP, Industrial Office Park
ACREAGE: 3.37 acres
DENSITY: NA
2020 LAND USE PLAN: Office Industrial
SUMMARY OF REQUEST: The applicant is requesting a conditional use permit for a
bakery to occupy 21,427 sq. ft. of an office/warehouse building that has a total area of 43,000 sq. ft.
Notice of this public heating has been mailed to all property owners within 500 feet.
LEVEL OF DISCRETION IN DECISION-MAKING: The City has limited discretion in
approving or denying conditional use permits, based on whether or not the proposal meets the
conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all of
the applicable conditional use permit standards are met, the permit must be approved. This is a
quasi-judicial decision.
Lot l, Block 1
Chanhassen Lakes
Business Park 8th Addition
Main Street Bakery
December 2, 2003
Page 2
BACKGROUND
On February 14, 2000, the City Council approved site plan #2000-1 for a 43,000 square foot
office/warehouse building to be located on Lot 1, Block 1, Chanhassen Lakes Business Park 8th
Addition, as shown on the plans dated received December 17, 1999, subject to conditions.
On January 5, 2002, the City Council approved Interim Use Permit # 2000-3 to allow a church in
an lOP District, for "The Life," to be located on Lot 1, Block 1, Chanhassen Lakes Business
Park 8th Addition, and occupy 20,700 square feet, as shown on the plans dated received
November 1, 2000, subject to conditions.
Main Street Bakery wishes to occupy the westerly 21,427 square feet of the building. Under the
zoning ordinance, such operation qualifies as Food Processing and requires a conditional use
permit in the lOP district.
PROPOSAL SUMMARY
The applicant is requesting a conditional use permit for a Food Processing facility to occupy the
westerly 21,427 square feet of an existing office/warehouse building.
Main Street Bakery
December 2, 2003
Page 3
The site is located at the northwest intersection of Lake Drive West and Mallory Circle. The
building is zoned Industrial Office Park and a Food Processing facility requires a Conditional Use
Permit in this district. Access to the 3.37 acre site is gained via Mallory Court. The building is
designed in a "U-shape" with loading docks screened inside the "U." This creates a suitable
access for delivery trucks to the bakery. The applicant has expressed a desire to sell baked goods
from the site. The zoning ordinance permits that a maximum of 20% of the floor area may be
used for retail purposes of merchandise manufactured or stored on site. This will be a condition
of approval for this application.
In summary, with the incorporation of staff recommendations, the proposed conditional use permit
meets ordinance requirements, and staff is recommending approval subject to the conditions
outlined in the staff report.
CONDITIONAL USE PERMIT
Food Processing is permitted in the lOP District as a conditional use. The following constitutes
staff's review of this proposal against conditional use permit standards.
General Issuance Standards
Will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or city.
FINDING - The site is zoned lOP. The proposed use will not create any significant or
unexpected impacts from this operation.
ge
Will be consistent with the objectives of the city's comprehensive plan and this
chapter.
FINDING -
The proposed use is consistent with the City's Comprehensive Plan. The
city approved a site plan for the site without variances and found that it is
in compliance with the zoning ordinance requirements. The proposed use
is specifically permitted in the IOP District. Staff evaluated the parking on
the site and found that based on the proposed use, the bakery will require
22 spaces. An office space in the building uses 28 spaces (total 50
spaces). There are 111 parking spaces available on site.
Will be designed, constructed, operated and maintained so to be compatible in
appearance with the existing or intended character of the general vicinity and will
not change the essential character of that area.
Main Street Bakery
December 2, 2003
Page 4
FINDING -
The site is located north of a collector road. It is in the industrial district
and as such, a food processing facility is fully consistent with this site. All
functions associated with the business will be indoors. Architectural
standards required by the site plan requirements are being adhered to.
4. Will not be hazardous or disturbing to existing or planned neighboring uses.
FINDING - There will be no measurable impacts to the existing or planned
neighboring uses.
Will be served adequately by essential public facilities and services, including
streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use.
FINDING - Full city services are available to this site. Roads serving the site are fully
capable of handling the access needs of this proposal.
Will not create excessive requirements for public facilities and services and will not
be detrimental to the economic welfare of the community.
FINDING - Staff is not aware of any excessive requirements for public facilities.
Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare
because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents,
or trash.
FINDING -
This site will not create adverse impacts to persons, property or the general
welfare of the area. Hours of operation, orientation of the building, and
lighting standards will comply with city ordinances.
Will have vehicular approaches to the property which do not create traffic
congestion or interfere with traffic or surrounding public thoroughfares.
FINDING - The site is accessible from a collector street designed to commercial
standards.
Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
Main Street Bakery
Decetnber 2, 2003
Page 5
FINDING - The development of this site will not result in the loss of any features of
major significance.
10. Will be aesthetically compatible with the area.
FINDING - The existing building is well designed. The proposed food processing
facility will not have any negative impacts on the area.
11. Will not depreciate surrounding property values.
FINDING - The site is being used for a bakery. It will not depreciate surrounding
property values.
12. Will meet standards prescribed for certain uses as provided in this article.
FINDING -
Staff has prepared standards that have not yet been adopted by the city;
however, we intend to add these standards as reasonable conditions of the
permit. These standards aim to permit food processing plants within the
city limits as well as regulate the aesthetics, environmental, and odor
impacts on the neighboring residents.
2.
3.
4.
The site must have access via a collector or arterial roadway.
All loading docks must be screened with berming, landscaping, or
other structures.
Truck parking is permitted on-site only in designated truck parking
areas, parking must be screened.
Compliance plan must be submitted to the city including:
a. An inventory of potential or identified odor emission point sources
associated with the industry or source
b. An engineering quality plan detailing best available control
technologies and appurtenances designed to eliminate or achieve
the maximum reduction of odor pollution from an emission point
source inclusive of but not necessarily limited to certain
processes, procedures, or operating methods intended to mitigate
or control odor pollution.
A detailed explanation of the specifications and operating
parameters of the best available control technologies, monitoring
instrumentation and equipment, and processes and procedures
intended for the mitigation or control of odor pollution.
A specification of the documentation that will be made available
for the city's review which will verify the data produced by the
monitoring equipment, and which will verify that processes and
Main Street Bakery
December 2, 2003
Page 6
eo
fo
procedures are conducted consistent with the specifications in the
facility's odor control study and plan.
An approved schedule which states, in a time certain manner, the
implementation and installation of the best available control
technology, processes, procedures, operating methods, and
monitoring instrumentation designed to mitigate or control odors
at the facility inclusive of an approved completion date.
An acknowledgment of the authority of the city and its agents to
enter into the facility or its property in order to investigate
complaints and to verify the facility's adherence to the compliance
plan.
FINDING-
Some of these criteria have been met, such as the location on a collector
street and the screening of the loading docks. The remaining standards,
which address odor concerns, will be incorporated with the conditions of
approval. These conditions include identifying the source, a plan to reduce
the odor, what type of equipment will be used, how the plan will be
implemented, and a deadline for the implementation of odor reduction
equipment.
Based upon the foregoing findings, staff is recommending that the conditional use permit be
approved with appropriate conditions.
RECOMMENDATION
"The Planning Commission recommends approval of Conditional Use Permit # 2003-8 to allow a
Food Processing Facility in an IOP District, for Main Street Bakery, Inc., to be located on Lot 1,
Block 1, Chanhassen Lakes Business Park 8th Addition, as shown on the plans dated received
November 7, 2003, subject to the following conditions:
1. The applicant shall contact the Building Inspections Department to discuss permit and
occupancy requirements.
2. The applicant shall meet with the Fire Inspection Department to discuss Fire Code
requirements.
3. Compliance with conditions of site plan and plat approval.
4. There shall be no outdoor storage of any equipment associated with the bakery or the
auxiliary uses associated with the bakery.
5. A maximum of 20% of the floor area may be used for retail purposes of merchandise
manufactured or stored on site.
6. Truck parking is permitted on-site only along the northerly parking area.
7. Compliance plan must be submitted to the city including:
a. An inventory of potential or identified odor emission point sources associated with the
bakery.
Main Street Bakery
December 2, 2003
Page 7
b. An engineering quality plan detailing best available control technologies and
appurtenances designed to eliminate or achieve the maximum reduction of odor
pollution from an emission point source inclusive of, but not necessarily limited to,
certain processes, procedures, or operating methods intended to mitigate or control odor
pollution.
c. A detailed explanation of the specifications and operating parameters of the best
available control technologies, monitoring instrumentation and equipment, and
processes and procedures intended for the mitigation or control of odor pollution.
d. A specification of the documentation that will be made available for the city's review
which will verify the data produced by the monitoring equipment, and which will verify
that processes and procedures are conducted consistent with the specifications in the
facility's odor control study and plan.
e. An approved schedule which states, in a time certain manner, the implementation and
installation of the best available control technology, processes, procedures, operating
methods, and monitoring instrumentation designed to mitigate or control odors at the
facility inclusive of an approved completion date.
f. An acknowledgment of the authority of the city and its agents to enter into the facility or
its property in order to investigate complaints and to verify the facility's adherence to
the compliance plan."
ATTACHMENTS
Findings of Fact
Application & Notice of Public Hearing and mailing list
Plans dated received November 7, 2003
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT AND RECOMMENDATION
IN RE: APPLICATION OF MAIN STREET BAKERY FOR A CONDITIONAL
USE PERMIT #2003-8
On December 2, 2003, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Main Street Bakery for a conditional use permit
for the property located at the northeast comer of the intersection of Lake Drive West and
Upland Circle; Lot 1, Block 1, Chanhassen Lakes Business Park 8th Addition. The Planning
Commission conducted a public hearing on the proposed use, preceded by published and mailed
notice. The Planning Commission heard testimony from all interested persons wishing to speak
and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Industrial Office Park
2. The Land Use Plan guides the property for office/industrial land uses
3. The legal description of the property is: Lot 1, Block 1, Chanhassen Lakes
Business Park 8th Addition
4. Ordinance Compliance, Section 20-232 (Conditional Use Permits):
a. The proposed use will not be detrimental to or enhance the public health,
safety, comfort, convenience or general welfare of the neighborhood or the city.
b. The proposed use is consistent with the objectives of the city's
comprehensive plan and this chapter.
c. The proposed use is designed, constructed, operated and maintained so as
to be compatible in appearance with the existing or intended character of the
general vicinity and will not change the essential character of that area.
d. The proposed use will not be hazardous or disturbing to existing or planned
neighboring uses.
e. The proposed use will be served adequately by essential public facilities
and services, including streets, police and fire protection, drainage structures,
refuse disposal, water and sewer systems and schools; or will be served
0'7 03 03: O~p
11/07×05 14:16
605 555 9669
Kristi Kuhnert
WELMAN SPERIDES ARCHITECTS ~ ~I)REAS DEU
G05-333-9669 P' 2
NO. 838 I~1~2/003
TEL~PI'IONE (Day time) _ (~,~
CITY OF CHANHAaSEN
7700 MARKET BOULEVARD
CHANHA$$EN, MN 553~7
(962) 227-1100
DEVEI. OPMENT REVIEW APPLICATION
Interim Use Permit
Non-conforming Use Permi!
Planned Unit Development*
Rezoning
Sign Permits
Sign Plan Review
Site Pten Review'
m
Subdivision'
4 Temporary Sales Pormil
Vacation of ROW/Easomenls
~ Wetland Al[eralion Permit
~ Zoning Appeal
~ Zoning Ordinance Amanclmenl
~ No~lfication Sign
X Escrow for Fl~ing Feea/Aflorlloy CAM"
- ($50 CUPISPR/VACNAR/WAP/Metas
and Bounds, $400 Minor SUB)
TOTAL FEE $
A list of all ~oporty ownam within 500 foot of the boundaries of tha p,oporty muat bo Included wtth tits
application.
Building materiel sims)ltl mlJlt bo aubmRted with lite pbfl reviews
'Twsnty41x full size ~ copies Of the plane must be submitted. Including off 8'/~' X 11" reduced copy of
tranaparency for aac.,h plan iheel.
· ' E.crow will be requited for other apptlcatlone through the development contract
NOTE - When multiple applications ere processed. ~ho appropriate fee shaft be ~herged for each application.
~ov
0'7 03 03:
11/'07/03 14:16
605 333 9669
Kpis~i Kuhnept
WELMAN SPERIDES ARCHITECTS ~ ANDREAS DEU
GOS-333-966E) p. 3
NO. 83B P~3x003
PROJECT NAME
LOCATION
LEGAL DESCRIPTION
TOTAL
ACREAGE
WETLANDS PRESENT
YES NO
PRESENT ZONING
REQUESTED
ZONING
PRESENT LAND USE DESIGNATION
REQUESTED LAND USE DESIGNATION
REASON FORTHIS REQUES'I- [/~"~"~l,~~ C~l~l ~ '~N~] ~l~ [0~:~ ~tl4|kl~
plm tze c,ct.m. 'To
This application must be completed in full and be typewritten er clearly I~rinted and must be accompanied by ~11 information
encl I~tan$ required by eppllcable City Ordinance provisions. Before filing this application, you shOuld confer wilh the Planning
Department to determine the specific ordinance and procedural requirements Clap#cable to your apprication.
A ,~elermination of coml~oleneoa of the apl~licatton shall bo made within ton I~usines$ days of appllcalion submittal. A written
notice of application deficiendes shall be mailed to the applicant within ten business days of al~j~llcatlo~.
This is to certify that I am making ap;~ticetlon for Ihe described ~.,tion by the City end that ! ~m ;e~'ponsible for comping with
a, Cily requirements with ~gard to this request. This applicatlo~ should be processed In my name and i am the party whom
[he City should contact regarding any matter p~'lalttlr~ to this apl~licati~'t. I have attached a colby ~ prgof of ownezs~lp
(either copy of Owner's Duplicate Certificate of Title. Abstract of Title or purchase agreement), or I em the authorizad per,On
to make this application and the fee owner has also ~ll;Ir~d tl~s application.
I wi# keep myself informed of tho deadlines for suDmmsion of material and the progress of this applica[ion. I further
understand that additional fees may be charged for consulting fees. feasibility studies, etc. with an estimate p~er to any
eut~'~orJzeaon to proceed wilh the ~[udy. The dooumenls and information I l~ave submitted a~e t~ue and Correct to the best of
my knowledge.
The city heronry notifies the applicant that developmenl review cannot be completed with~t 60' days due to public homing
requirements a~d agency review. Therefore. Ihe dry is rtollfying the applicant that the city re~uires an automatic 60 day
extension for development review. Development review shall be completed within 120 days unless additional review
Date
Appllcalion Received on Fee I~d Re~eipl No.
The applicant Ihould c~tict ibff for m c~y er the i~ff m~ which wl~ be ~iIMOII on Friday ~1~ to the
m~ll~, ff not ~nbc~d, a copy M the ~d: will ~ mel~ to the ap~l~nt', addmll.
NOTICE OF PUBLIC HEARING
PROPOSED CONDITIONAL USE PERMIT//2003-8
CITY OF CHANHASSEN
NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a
public hearing on Tuesday, December 2, 2003, at 7:00 p.m. in the Council Chambers in
Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider the
Conditional Use Permit application to allow a Food Processing Facility (Main Street Bakery) to
be located in an existing Industrial Office building, located at the northwest comer of the
intersection of Mallory Court and Lake Drive West; Lot 1, Block I Chanhassen Lakes Business
Park 8th Addition. The applicant is Welman Sperides Architects.
A plan showing the location of the proposal is available for public review at City Hall
during regular business hours. All interested persons are invited to attend this public hearing and
express their opinions with respect to this proposal.
Sharmeen A1-Jaff, Senior Planner
Phone: 952-227-1134
(Publish in the Chanhassen Villager on November 20, 2003)
NOTICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
TUESDAY, DECEMBER 2, 2003 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
7700 MARKET BLVD.
PROPOSAL: Conditional Use Permit 2003-8 to
allow a Food Processing Facility
to be located in an existing
Industrial Office Building
APPLICANT: Welman Sperides Architects
NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant,
Welman Sperides Architects, is requesting a Conditional Use Permit to allow a Food Processing
Facility (Main Street Bakery) to be located in an existing Industrial Office Building, located at the
northwest corner of the intersection of Mallory Court and Lake Drive West; Lot 1, Block 1,
Chanhassen Lakes Business Parks 8th Addition.
What Happens at the Meeting: The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood about this project. During the meeting,
the Chair will lead the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses the project.
Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall
during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone
about this project, please contact Sharmeen AI-Jaff at 952-227-1194 or e-mail
saljaff@ci.chanhassen.mn.us. If you choose to submit written comments, it is helpful to have one
copy to the department in advance of the meeting. Staff will provide copies to the Commission.
Notice of this public hearing has been published in the Chanhassen Villager on November 20, 2003.
City Review Procedure
Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim
Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments, Code
Amendments require a public hearing before the Planning Commission. City
ordinances require all property within 500 feet of the subject site to be notified of the
application in writing. Any interested party is invited to attend the meeting.
Staff prepares a report on the subject application. This report includes all pertinent
information and a recommendation. These reports are available by request. At the
Planning Commission meeting, staff will give a verbal overview of the report and a
recommendation. The item will be opened for the public to speak about the proposal
as a part of the hearing process. The Commission will close the public hearing and
discuss the item and make a recommendation to the City Council. The City Council
may reverse, affirm or modify wholly or partly the Planning Commission's
recommendation. Rezonings, land use and code amendments take a simple majority
vote of the City Council except rezonings and land use amendments from residential to
commercial/industrial.
Minnesota State Statute 519.99 requires all applications to be processed within 60 days
unless the applicant waives this standard. Some applications due to their complexity
may take several months to complete. Any person wishing to follow an item through
the process should check with the Planning Department regarding its status and
scheduling for the City Council meeting.
A neighborhood spokesperson/representative is encouraged to provide a contact for
the city. Often developers are encouraged to meet with the neighborhood regarding
their proposal. Staff is also available to review the project with any interested
person(s).
Because the Planning Commission holds the public hearing, the City Council does not.
Minutes are taken and any correspondence regarding the application will be included in
the report to the City Council. If you wish to have something to be included in the
report, please contact the Planning Staff person named on the notification.
g:~plan\forms\review procedure
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) SS.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
November 17, 2003, the duly qualified and acting Deputy Clerk of the City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of A
Conditional Use Permit 2003-8 to allow a Food Processing Facility to be located in an
existing Industrial Office Building, Lot 1, Block 1, Chanhassen Lakes Business Parks 8th
Addition to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an
envelope addressed to such owner, and depositing the envelopes addressed to all such owners in
the United States mail with postage fully prepaid thereon; that the names and addresses of such
owners were those appearing as such by the records of the County Treasurer, Carver County,
Minnesota, and by other appropriate records.
Karffn J. Eng~(l.h~rdt, Deputy Clerk
Subscribed and sworn to before me
this __ day of ,2003.
Notary Public
g:\eng\forms\affidavit.doc
ANDREAS DEVELOPMENT CO LLC
7525 MITCHELL RD
SUITE 110
EDEN PRAIRIE MN 55347-1959
DATALINK CORP
8170 UPLAND CIR
CHANHASSEN MN 55317-9625
EDWARD A PAULS
8227 TOP OF THE WORLD DR
SALT LAKE CITY UT 84121-6031
GMP PROPERTIES LLC
19245 HWY 7
PO BOX 249
EXCELSIOR MN 55331-0249
HOYT/DTLK LLC
708 3RD ST S
SUITE 108
MINNEAPOLIS MN 55415-1141
L38 LLP
8156 MALLORY CT
CHANHASSEN MN 55317-8586
LAKE SUSAN HILLS
7600 PARKLAWN AVE
SUITE 200
MINNEAPOLIS MN 55435-5128
MCROI LLC C/O ROISUM ELITE
FOOD SERVICE
1400 LAKE DRW
CHANHASSEN MN 55317-8518
POWERS RIDGE II LLC
7600 PARKLAWN AVE S
SUITE 2OO
MINNEAPOLIS MN 55435-5174
STEVEN ROBERT SHIPLEY & JILL
LOUISE SHIPLEY LLC
261 EASTWOOD CT
CHANHASSEN MN 55317-8683
TRADEN LLC C/O MARK UNDESTAD
8156 MALLORY CT
CHANHASSEN MN 55317-8586