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1
MINUTES OF THE MAPLEWOOD PLANNING COMMISSION
• HAZELWOOD FIRE STATION, 1530 EAST COUNTY ROAD C
MAPLEWOOD, MINNESOTA
FEBRUARY 20, 1990 -
1. CALL TO ORDER
Chairman Axdahl called the meeting to order at 7:30 p.m.
2. ROLL CALL
Commissioner Lester Axdahl Present
Commissioner Michael Ayers Absent
Commissioner Richard Barrett Present
Commissioner Robert Cardinal Present
Commissioner Sue Fiola Absent
Commissioner Lorraine Fischer Present
Commissioner Gary Gerke Present
Commissioner Dennis Larson Absent
Commissioner William Rossbach Present
Commissioner Marvin Sigmundik Absent
Commissioner Ralph Sletten Absent
3. APPROVAL OF MINUTES
a. February 5, 1990
410 The minutes of February 5, 1990, were amended removing
Commissioner Fischer's name from the voting from Item
6. a., b., and c., as she was not yet present at this
meeting.
Commissioner Fischer moved approval of the minutes as
amended.
Commissioner Rossbach seconded Ayes -- Axdahl,
Barrett, Fischer,
Gerke, Rossbach
Abstentions- -
Cardinal
4. APPROVAL OF AGENDA
Commissioner Fischer moved approval of the agenda as
submitted.
Commissioner Barrett seconded Ayes -- Axdahl,
Barrett, Cardinal,
Fischer, Gerke,
Rossbach
Maplewood Planning Commission -2-
Minutes 2 -20 -90
5. PUBLIC HEARINGS -
a. 7:30 p.m. - South side of Frost Ave., east of Phalen
Place, Plan Amendment and Rezoning
Ken Roberts, Associate Planner, presented the staff
report for this proposed land use plan amendment from
medium density residential to business warehouse for
the existing business commercial zone south of Frost
Avenue. The proposed rezoning is from business
commercial to light manufacturing for the same area.
Steve Continenza, owner of Maplewood Auto Clinic, asked
if this rezoning of his property to light manufacturing
would have any affect on his ability to refinance his
property. Staff said the M -1 designation allows the
same commercial uses of the property with a conditional
use permit as business commercial.
Larry Johnson, owner of Maplewood Marine, asked staff
to comment on when a conditional use permit would be
required. Mr. Johnson asked if there would be any
problem with getting a conditional use permit to build
411 a storage building or for re- fencing his property.
Staff replied that there were no foreseeable problems
that would prohibit a conditional use permit.
Jim Zanken, owner of Maplewood Marine, asked the
Commission about future screening requirements for this
property. Mr. Zanken commented on the additional
parking which is required with a conditional use
permit, but the minimal parking which is available for
City park athletic facilities.
Steve Garr, a resident of Maplewood for nineteen years,
commented on the loss of businesses in Maplewood due to
the recent growth of the City. Mr. Garr said it is in
the City's best interest to retain these businesses.
Commissioner Fischer moved the Planning Commission
recommend approval of the resolution which amends the
land use plan for the BC zone at 1136 and 1160 Frost
Avenue from RM, medium density residential to BW,
business warehouse, on the basis that:
(1) The BW designation is consistent with the BC
zoning and proposed M -1 zoning of the area and the
current uses at these locations.
110
Maplewood Planning Commission -3-
411 Minutes 2 -20 -90
(2) This area is better suited to commercial_ uses than
to residential uses due to its proximity to Frost
Avenue and the existing commercial development.
Commissioner Rossbach seconded Ayes -- Axdahl,
Barrett, Cardinal,
Fischer, Gerke,
Rossbach
Commissioner Fischer moved the Planning Commission
recommend approval of the resolution to rezone the
property at 1136 and 1160 Frost Avenue from BC,
business commercial to M -1, light manufacturing, based
on the findings required by ordinance and that:
(1) It would be consistent with the proposed BW
designation on the land use plan.
(2) The property has been zoned and used commercially
for many years.
Commissioner Gerke seconded Ayes -- Axdahl,
Barrett, Cardinal,
• Fischer, Gerke,
Rossbach
Commissioner Rossbach moved the Planning Commission
recommend that the City Council review the available
parking for Gloster Park and look into the status of
the Edward Street right -of -way, investigating the
following:
(1) Direct the City parks department to look into a
permanent parking area for Gloster Park.
(2) Look into the improvement, vacation, or
appropriate action of the section of Edward Street
running from Frost Avenue south to Ripley Street.
(3) Look into who has the responsibility for
maintenance of this section of Edward Street.
(4) The accesses /improvements to the park should not
be the responsibility of the abutting property
owners.
Commissioner Gerke seconded Ayes -- Axdahl,
Barrett, Cardinal,
Fischer, Gerke,
110 Rossbach
Maplewood Planning Commission -4-
Minutes 2 -20 -90
b. 8:00 p.m. - Highwood Estates No. 2
Secretary Olson presented the staff report. A
commissioner objected to approval of this pipeline
setback variance because of the possible hazards
involved with a possible leak or explosion and, also,
because it would set precedence with the development in
this area.
Roy Bredahl, representing the applicant, said he
objected to the recommendations of the staff report
which require that sidewalks be installed and that no
parking signs be posted on one side of Sterling Street
and Southcrest Avenue.
Mike Hafner, owner of a portion of the property, said
he objected to the requirement for sidewalks and said
the requirement for no parking on one side of Sterling
Street and Southcrest Avenue should only be required if
a parking problem develops.
Steve Shor, 2060 Highwood Avenue, owner of a portion of
this property, said the streets are wide enough to be
used for walking and he objected to the requirement for
the installation of sidewalks.
Art Werthauser, representing the applicant Roar
Development, said delaying the approval for development
of this property leaves Mr. Shor unable to develop his
property. Mr. Werthauser said Lot 9 has been proposed
for development so that if there were an oil spill, the
drainage would be away from the house. Mr. Werthauser
proposed that the no parking requirement on Sterling
Street and Southcrest Avenue be postponed until these
streets are considered collector streets.
Bill Mahre, St. Paul Education Foundation, was present
and spoke regarding the St. Paul Ski Club and the past
drainage policies and agreements for this area. Mr.
Mahre asked that the completion of the drainage plan
for Carver Avenue and the Fish Creek watershed area be
completed before this proposed project is started. Mr.
Mahre asked that the City Engineer provide a map
showing the location of the drainage line from the new
development into the ski club property drainage pond.
The Director of Public Works responded that the linear
drainage easement into the pond is part of the
agreement between the ski club and the developer,
however, the City is requiring that those easements be
acquired.
Maplewood Planning Commission -5-
Minutes 2 -20 -90
Nick Marnie, 1058 Marnie Street, asked for information
on the size of the proposed lots.
Dean Wohlhuter, 1024 Marnie Street, commented on the
amount of traffic and number of children using Highwood
Avenue and asked if there are any plans to widen this
street. Secretary Olson said Highwood Avenue is a
county road and the most recent information he had
received from the county was that this road had not
reached the planned capacity to receive any
improvement. Ken Haider, Director of Public Works,
said that if no parking or speed limit reduction sign
requests are to be made regarding this street, the
requests should be directed to him at the City and he
will submit the request to the City Council, who will
then direct the request to the county.
Commissioner Fischer moved the Planning Commission
recommend:
(1) Approval of the resolution which amends the land
use plan for the southern portion of the plat from
OS, open space to RL, low density residential, and
elimination of the minor collector designation, on
the basis that:
(a) The property owner is proposing to develop
this property for single - family homes.
(b) The OS designation was left on the property
in 1987 because development would cause storm
water run -off onto the ski jump property
without drainage easements. Drainage
easements have been or are in the process of
being obtained.
(c) The City has no plans to purchase the
property for open space.
(d) The proposed street does not meet the City's
criteria for collector designation.
(2) Approval of the resolution to vacate portions of
the Sterling Street right -of -way. Approval is on
the basis that:
(a) Sterling Street north of this plat (between
the proposed vacation and Highwood Avenue)
has already been vacated.
Maplewood Planning Commission -6-
Minutes 2 -20 -90
(b) Sterling Street should be aligned to coincide
with Sterling Street north of Highwood
Avenue.
(c) The proposed alignment will allow for the
rear yards of the single - dwelling lots to be
along the pipeline. This is preferable to
having the street near or on the pipeline as
it minimizes the potential for a leak to
enter the storm sewer or flow along the
street.
(3) Approval of the 30 -foot reduction in the required
pipeline setback for Lot 9, Block 6, (Outlot B),
on the basis that the lot has a unique
configuration and the need for Sterling Street to
coincide with its alignment north of Highwood
Avenue. This setback reduction shall be subject
to the developer building a 6- foot -high berm along
the west line of the pipeline easement. The berm
shall not have slopes of greater than a 3:1 ratio.
This berm shall be shown on the grading plan.
(4) Approval of the Highwood Estates No. 2 preliminary
plat, subject to the following conditions being
completed before final plat approval:
(a) Submittal of a signed developer's agreement,
with required surety, for all required public
improvements, erosion control and tree
replacement. This agreement shall include
(but not be limited to):
1) A requirement for the placement of
temporary fencing, during construction,
around woodlots to be saved.
2) The installation of standard street
lights in 8 locations, primarily at
street intersections. An additional
street light shall be required at the
intersection of Highwood Avenue and
Sterling Street at the time Sterling
Street is extended. The exact location
and type of lights shall be subject to
the approval of the City Engineer.
3) If deemed necessary by the City
Engineer, the construction of a 12-inch-
diameter water main from the south end
. Maplewood Planning Commission -7-
Minutes 2 -20 -90
of Marnie Street through Pleasant View
Park into the plat. The 12 -inch water
main shall continue from the
intersection of Sterling Street and
Southcrest Avenue east along Southcrest
to O'Day Street, then north on O'Day to
Ogden Avenue, (Nemitz Avenue), then east
to Nemitz Avenue and shall end at the
intersection of Nemitz and Southcrest
Avenues (Dennis Street).
4) The construction of a 8- foot -wide
bituminous trail from the south end of
Marnie Street in Pleasant View Park to
the intersection of Sterling Street and
Southcrest Avenue. The location and
construction of the trail shall be
subject to the approval of the City
Engineer and Parks and Recreation
Director.
5) Granting to the City of Maplewood a
temporary 100 - foot - diameter cul -de -sac
• bulb easement for the temporary dead end
of Sterling Street.
(b) The right -angle curve at the intersection of
Sterling Street and Southcrest Avenue shall
be redesigned as a 90- foot - radius curve, as
measured along the center of the street. The
property line between Lots 7 and 8, Block 7,
shall be redesigned so that it is
perpendicular to the center line of the
street.
(c) Sterling Street and Southcrest Avenue shall
have a right -of -way width of 60 feet and a
pavement width of 32 feet.
(d) Approval of final grading, utility, drainage, .
erosion control and street plans by the City
Engineer. The erosion control plan shall
address the recommendations of the Soil
Conservation District and the Ramsey -
Washington Watershed District.
(e) The grading plan shall include a proposed
building pad elevation and contour
410 information for each home site, as well as
the areas to be disturbed for street
Maplewood Planning Commission -8-
Minutes 2 -20 -90
construction. Housing styles shall- be
illustrated which minimize grading on sites
that contain trees to be preserved. The
grading plan shall show the depth and
location of the Williams Brothers pipeline
and shall show the required berm for Lot 9,
Block 6, (Outlot B) along the west easement
line of the pipeline. Deviation from the
approved grading may be permitted by the City
Engineer, provided that the intent of the
overall grading plan is complied with.
(f) Approval of a tree removal and planting plan
by the Director of Community Development
before grading or construction begins or
final plat approval is given. This plan must
illustrate the trees that are to be removed,
those that are to be retained, and those that
are to be replanted.
(g) Recordable deed restrictions to be recorded
to run with the title of the affected
parcels, shall be submitted to the City along
• with the appropriate recording fees to:
1) Require that the runoff from the roofs
and driveways for the homes to be built
on Lots 11 -26, Block 1, to be diverted
to Southcrest Avenue. The restriction
shall also state that rain gutters and
acceptable site grading shall be
employed and maintained for the life of
each property, as required by the City
Engineer.
2) Except for Lot 9, Block 6, prohibit the
construction of a dwelling within 100
feet of the Williams Brothers pipeline.
(The lots that appear to be affected are
Lots 1 -8, Block 6, and Lot 26, Block 1.)
The developer shall also notify the
purchasers of the pipeline location.
(h) This plat shall be subject to Section 9 -191
of the Maplewood City code (Environmental
Protection), including providing the City
Engineer with a study prepared by a
registered soils engineer to certify the
stability of potentially unstable slopes in
the areas of the plat that will have
significant grading.
Maplewood Planning Commission -9-
Minutes 2 -20 -90
(i) Lot 8, Block 7, shall be dedicated to the
City for park purposes. The City will pay
for this lot from PAC funds. If the
developer and the parks director cannot agree
on a purchase price for this lot, the
developer shall pay for an appraisal which
shall determine the price of the lot.
(j) Deed Outlot A to the St. Paul Education
Foundation.
(k) The dedication of three feet of right -of -way
to Ramsey County for Highwood Avenue.
(1) Change the name of the north -south portion of
Southcrest Avenue to Dennis Street to be
consistent with Maplewood's street name
system.
(m) Crestview Court shall be renamed Mamie Court.
(n) Ogden Avenue shall be renamed Nemitz Avenue.
• (o) Lot 9, Block 6, shall be platted as Outlot B.
This outlot shall not be platted or used as a
building site until Sterling Street is
constructed through to Highwood Avenue.
(p) Public stormwater piping easements shall be
obtained from the owners of the St. Paul
Education Foundation property to allow storm
water from the plat to reach the City ponding
area.
(5) Approval of the resolution to rezone this property
from F, farm residential to R -1, single - dwelling
residential, based on the findings required by
ordinance and that the R -1 zoning would be
consistent with the proposed RL designation on the
land use plan.
Commissioner Gerke seconded
Commissioner Rossbach moved for division of the
question to remove Item 3 to be voted on separately.
Commissioner Cardinal seconded Ayes -- Axdahl,
Barrett, Cardinal,
Fischer, Gerke,
Rossbach
Maplewood Planning Commission -10-
Minutes 2 -20 -90
The balance of the motion, removing Item 3, was voted
on.
Ayes -- Axdahl,
Barrett, Cardinal,
Fischer, Gerke,
Rossbach
Item 3 of the motion was then voted on.
Ayes -- Axdahl,
Fischer
Nays -- Barrett,
Cardinal, Gerke,
Rossbach
6. UNFINISHED BUSINESS
7. NEW BUSINESS
a. Conditional Use Permit: Cope Ave. (Credit Union)
• Secretary Olson presented the staff report for this
requested conditional use permit to construct a one -
story, 5,400- square -foot City and County Employees
Credit Union branch office.
A representative of the credit union was present at
this meeting but did not have any comments.
Commissioner Fischer moved the Planning Commission
recommend adoption of the resolution approving a
conditional use permit for an indefinite period of time
to allow a credit union to be constructed 160 feet from
the adjacent residential district south of Cope Avenue,
based on the findings required by code. Approval is
subject to adherence to the site plan dated January 9,
1990.
Commissioner Cardinal seconded Ayes -- Axdahl,
Barrett, Cardinal,
Fischer, Gerke,
Rossbach
b. Rezoning: West of White Bear Avenue, Radatz Avenue to
County Road C
Ken Roberts, Associate Planner, presented the staff
• report for this proposed rezoning from farm residential
Maplewood Planning Commission -11 -'
410 Minutes 2 -20 -90
to single - dwelling residential for the area west of
White Bear Avenue between Radatz Avenue and County Road
C.
Commissioner Cardinal moved the Planning Commission
recommend approval of the resolution to rezone the
property west of White Bear Avenue, between Radatz
Avenue and County Road C, from F, farm residential to
R -1, single - dwelling residential, based on the findings
required by ordinance.
Commissioner Rossbach seconded Ayes -- Axdahl,
Barrett, Cardinal,
Fischer, Gerke,
Rossbach
c. National Conference
Secretary Olson reported on the budget approval for the
upcoming national planning conference, in Denver.
Since there were several commissioners interested in
attending, the commissioners decided that whether a
commissioner had attended previously and his or her
seniority on the Commission should be considerations.
Commissioner Cardinal moved Commissioner Fischer attend
the conference and, in the event she is unable to
attend, Commissioner Gerke be allowed to attend.
Commissioner Rossbach seconded Ayes -- Axdahl,
Barrett, Cardinal,
Fischer, Gerke,
Rossbach
8. VISITOR PRESENTATIONS
9. COMMISSION PRESENTATIONS
a. Council Meeting: February 12, 1990
Commissioner Fischer reported on this meeting.
b. Representative for the February 26 Council meeting:
Will Rossbach
10. STAFF PRESENTATIONS
a. Next meeting: Secretary Olson discussed upcoming items
on the March 5 agenda.
110 Maplewood Planning Commission -12-
Minutes 2 -20 -90
b. Secretary Olson noted that the board and commission
recognition dinner will be held April 21.
11. ADJOURNMENT
Meeting adjourned at 11:20 p.m.
II
•
•
MEMORANDUM
110 TO: City Manager
FROM: Director of Community Development
SUBJECT: Conditional Use Permit
LOCATION: Southlawn Drive and Beam Avenue
APPLICANT: Chili's, Inc.
OWNER: Richard Schreier
PROJECT TITLE: Chili's Restaurant
DATE: February 26, 1990
SUMMARY
INTRODUCTION
1. Chili's, Inc.is requesting approval of a conditional use
permit (CUP) for a 5,995- square -foot, 217 -seat Chili's
Restaurant on property zoned BC(M), Business Commercial
(Modified). Code allows restaurants in BC(M) districts only
by CUP.
2. There is also a 26,180- square -foot commercial strip center
proposed on -site which would abut Chili's -on the south. The
proposed strip center is a permitted use. The developer of
the retail center, Mr. is requesting approval for
19 fewer parking spaces than code requires. 200 are
4 required; 181 are proposed. Approval of the retail center
plans and the reduction of the parking spaces will be
considered by the Community Design Review Board.
BACKGROUND
8- 20 -81: The City approved a conditional use permit for a Pizza
Time Restaurant on the present site of the Hirschfield's
Building. One of the conditions concerned hours of operation.
It stated that "Hours of operation will be 11:00 a.m. to 12:00
p.m., Sunday through Thursday; 11:00 a.m. to 1:00 a.m. Friday and
Saturday. The hours will be reviewed after one year. If
problems with the hours do arise, the applicant is put on notice
and the hours may be changed."
9- 17 -81: The City reconsidered and denied the conditional use
permit for the Pizza Time Restaurant.
5- 12 -86: The City Council approved a CUP for a Bonanza
Restaurant in conjunction with a strip center. Bonanza is a
sit -down, family -style restaurant that closes at 9:00 p.m.
6- 13 -88: Council terminated the CUP because Bonanza decided not
to build in this location.
i
•
CRITERIA FOR APPROVAL
Subsection 36 -442 of the City ordinance requires that the
following nine standards for approval be made to grant a CUP:
1. The use would be located, designed, maintained, constructed
and operated to be in conformity with the City's
comprehensive plan and Code of Ordinances.
2. The use would not change the existing or planned character
of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials,
equipment or methods of operation that would be dangerous,
hazardous, detrimental, disturbing or cause a nuisance to
any person or property, because of excessive noise, glare,
smoke, dust, odor, fumes, water or air pollution, drainage,
water run -off, vibration, general unsightliness, electrical
interference or other nuisances.
5. The use would generate only minimal vehicular traffic on
local streets and would not create traffic congestion or
unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and
111 services, including streets, police and fire protection,
drainage structures, water and sewer systems, schools and
parks.
7. The use would not create excessive additional costs for
public facilities or services.
8. The use would maximize the preservation of and incorporate
the site's natural and scenic features into the development
design.
9. The use would cause minimal adverse environmental effects.
DISCUSSION - Parking Lot Noise
One of the main concerns of the residents is late -night noise
from the parking lot disturbing their sleep. Chili's hours are
to be: Sunday - Thursday 11:00 a.m. - 11:00 p.m. and Friday and
Saturday from 11:00 a.m. - 12:00 p.m. These are similar to the
hours that were approved, and later denied, for the Pizza Time
Restaurant.
Condition four of the City's findings for a conditional use
permit is that "The use would not involve any activity, ....
that would be .... disturbing or cause a nuisance to any person
or property, because of excessive noise .... or other nuisances."
2
Noise is a particular concern in this case because of the late
hours proposed and the larger- than - normal number of cars expected
110 for the Chili's Restaurant. Cars entering the easterly drive to
Chili's must drive around the back of the retail building to
Southlawn Drive to exit westbound onto Beam Avenue when they
leave in the evening. The proposed revision by staff of the site
plan on page 9 would minimize this problem and allow the rear
parking area to be blocked off.
ALTERNATIVES
1. Deny the CUP on the basis that because of the late night
hours and heavy traffic, finding four in City Code for a CUP
would not be met.
2. Approve the CUP, but limit the hours to 10:00 p.m.
3. Approve the CUP as recommended.
RECOMMENDATION
Approve the resolution on page 20, approving a conditional use
permit for a restaurant, subject to the following conditions:
a. Adherence to the approved site plan and related
conditions.
411 b. This permit shall be subject to review after one year
from the date of approval, based on the procedures in
City Code.
c. There shall be no excessive noise from the parking lot,
especially after 10:00 p.m. If any complaints about
late night noise from the parking lot are received,
City staff may require that the rear parking lot be
closed and barricaded after 10:00 p.m. The owner may
appeal this decision to the City Council. In this
case, a public hearing shall be held on the CUP. If
the barricades do not work, the City Council may amend
the CUP to limit hours of operation.
d. All cooking odors must be controlled so as not to be
noticeable to adjacent residences.
3
CITIZEN COMMENTS
Staff surveyed the 23 surrounding property owners within 350 feet
for their comments regarding this request. Of the nine replies,
one was in favor, one had no comment and seven objected.
The one survey in favor came from the owners of the Merrill Lynch
building. They stated that "the parcel needs development, but
was under the impression that easement over all lots south of
Beam would be extended to Southlawn Avenue."
Six of the letters objecting to this proposal are from
surrounding homes and one is from the Share Clinic (adjacent lot
to the east). The residents are primarily objecting to the bar
and the resulting potential for noise late at night from people
talking in the parking lot, car doors closing and engine noise.
(Refer to the letters on pages 13 through 17.) The Share Clinic
objects to the building location, the potential use of their
parking lot by Chili's and unscreened trash areas. (Refer to
their letter on page 18.)
410
4
• REFERENCE
410 SITE DESCRIPTION
1. Site size: 3.5 acres
2. Existing Land Use: undeveloped
SURROUNDING LAND USES
Northerly: Beam Avenue and the Movies of Maplewood
Southerly: Two double dwellings and three single dwellings
Easterly: Share Medical Clinic
Westerly: Southlawn Drive and undeveloped BC(M) zoned property
PLANNING
1. Land Use Plan designation: LSC, Limited Service Commercial
2. The LSC classification is defined as follows:
"The limited service commercial center classification refers
to commercial facilities on a neighborhood scale. Heavy
industrial uses, department stores, motels, auto accessory
stores, etc., would be prohibited. Other land uses of a
medium intensity nature, such as gas sales with no vehicle
repair or maintenance and with no more than two pumps on a
single island to service up to four vehicles at one time,
III
may be permitted subject to meeting certain performance
standards as defined in the zoning code" (page 18 -31).
3. Zoning: BC(M)
4. Subsection 36 -155 (c. 3.) requires conditional use permits
for restaurants in BC(M) districts. All cooking odors must
be controlled so as not to be noticeable to adjacent
residences.
PUBLIC WORKS
A traffic light will be installed at the intersection of the
Sherwin - William's drive and Beam Avenue this spring.
chilicup.mem /kd
Attachments
1. Land use plan
2. Property Line /Zoning Map
3. Site plan - developer's proposal
4. Site plan - staff proposal
5. Applicant's letter of CUP justification dated January 5,
1990
6. Applicant's letter dated February 13, 1990
7. Survey replies from neighbors (five)
8. Letter: United Health Care Corporation (Share Clinic owner)
9. Resolution
5
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7 Attachment 2 i [ N
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SITE PLAN
(Developer's Plan)
8 Attachment 3
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CHILI'S
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SITE PLAN
4 6
STAFF PROPOSAL Attachment 4
S UETOw AND ASSOCIATES, INC
A RCHITECTS ANO ENGINEERS
2345 RICE STREET SUITE 210
ST. PAUL, MINNESOTA 55113
TEL.. 512/453 -5701
January 5, 1989
Mr. Geoff Olson, Director
Community Development
Maplewood City hall
1830 East County Road B
Maplewood, Mn. 55109
Re: Chili's Restaurant
BA #8952
Dear Mr. Olson:
The following additional information has been prepared at your request in compliance with the
requirements for Conditional use Permit Applications.
We hereby request, on behalf of our client, approval of the enclosed Conditional Use Permit
Application (dated 1/4/90) since it fulfills the following criteria set forth by the City of
Maplewood.
(1) The proposed use is in compliance with the City's comprehensive plan as it is planned to
• contain a sit down restaurant operation.
(2) The establishment and maintenance of use will not be detrimental to the public health,
safety or general welfare. Its use will encompass that as described in sentence (1)
above.
(3) The proposed use is planned to be located, designed and maintained in compliance with
the requirements and nature of the BCM Zoning District in which it is located. The
building is designed to be visually compatible with adjacent contiguous retail
development that will occur simultaneously or in the near future.
(4) This new use is expected to improve adjoining property values since some nearby
parcels do not contain building structures.
(5) The proposed use is planned not to be hazardous, detrimental or disturbing to present
and potential surrounding land use as described in sentences (1) and (3) above.
(6) The vehicular traffic development by this use is expected to generate vehicular traffic on
local streets typical for a restaurant building of this type and size. Street access, parking
stall numbers and ease of vehicular movement have been addressed in the enclosed Site
Plan. Vehicular movement problems will, thus, be avoided.
(7) Essential public services, provided by the City of Maplewood, will serve this site.
(8) There will be no excessive additional public service requirements or facilities required
nor created by the establishment of this use upon this site.
Attachment 5
10
•
1/5/90
Page 2
(9) The existing natural site features will be preserved where possible and, especially, at the
periphery of the property, where views from adjoining uses would originate.
(10) Minimal adverse environmental effects, if any, upon adjoining land use will occur with
the development of this facility and its adjoining grounds.
We look forward to the Planning Commission's review and approval of this project.
Please advise if you have any comments or questions regarding the above.
Sincerely,
BUETOW & ASSOCIATES, INC.
10 C4r
• Randy L. En :el
Vice President
cc: H.L. Forehand
Bill Potts
Dick Schreier
•
•
11
•
BUETOW AND ASSOCIATES, INC.
ARCHITECTS ANO ENGINEERS
2345 RICE STREET SUITE 210
ST. PAUL, MINNESOTA 66113
TEL. 2112/41113-5701
February 13, 1990
Mr. Geoff Olson, Director
Community Development
City hall - Maplewood
1830 East County Road B
Maplewood, Mn. 55109
Re: Chili's Restaurant
BA #8952
Dear Mr. Olson:
The following is an Appendix to our two "Letters of Description" dated January 5 and January
17, 1990:
1. Chili's is a Family Restaurant with a "low liquor mix" (liquor constitutes
18% of sales).
2. Hours of operation are to be: Sunday - Thursday 11 AM - 11 PM
Friday and Saturday 11 AM - 12 PM.
3. Employees employed in a normal shift will number 18.
Please advise if you have any comments or questions regarding the above.
Sincerely,
BUETOW & , SSOCIA TES INC.
p_
Randy L. gel
Vice Presi nt
cc: H.L. Forehand
Bill Potts
12 Attachment 6
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14
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I have no comment.
I objef t to this proposal because vl. � / cQ. ..1,77.:
a . / -line t -c.C-t c - L C •t.f/ � - -• , f Lt - - `/ Lc. , - ,_ .
If you object, describe,below or raw on the enclosed map
any changes that would make this project acceptable. If no
changes would make it acceptable, how should this property
410 be developed? CZ, - �. `9.11 -1 � — 4L-,.->„..e_.27/1_4.--A.
(Project: Chili's) Us reverse side— -eem- -- needed. e ct. %�
71t c ,
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•
•
15
i an in savor of this proposal because
I have no comment.
? y I object to this
object proposal because 0-e. 7E, ,, _4411,L. 1 2 . .2('f
If you object, describe below or draw on the enclosed map
any changes that would make this project acceptable. If no
410 changes would make it acceptable, how should this property
be developed?
'(Project: Chili's) Use reverse side if more room is needed.
Equal Opportunity Employer
o_„.. c"2- CL-V-Z--%-r--1-1.-
4112
_ _
•
7? .�I4fL
•
16
I am in favor of this proposal because
I have no comment.
X I object 1.so this proposal because ,;,, C cI vice { el 4' d L.t_;A (-,
• .1-1-►P th riv' QcIr4s.s cal -1 I.% C .---- k r CI 4. 6 G r%1t_
• If you object, describe below or draw on the enclosed map
any changes that would make this project acceptable. If no
I I I changes would make it acceptabl , how shou d tt} property
be developed? j AAJW k e t, 4t: L,1. i<s_ .8 ?tQ.ri
�A,C4.4 X10
(Project: Chili's) Use reverse side if more room needed. '
r).'1 / w Cu.r. f 1 e,g , . ,,..4. -�� ` ,(i't ,a.v� -u;
z.Q. iC L ., 4 ' (- csr n
� Equal Opjx)rttuiity Employer • r' Rp . L 66,..0 R cite. . , 0
7 7 1'-'1"J - 7-- , c. . e .5 r v.- 0 s e" . a - " . e.... 4 - et...I ) e. --
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Tim & Vanchulee Schwanke
1835 Radatz Ave. E.
Maplewood, MN 55109
0 -
17
FEB 710
•
United HealthCare Corporation
February 5, 1990
Mr. Geoff Olson, AICP
Director of Community Development
City of Maplewood
1830 East County Road B
Maplewood, Minnesota 55109
Dear Mr. Olson:
In response to your survey on the application the City has
received to develop property and issue conditional use permit to
contract a Chili's restaurant in the location adjacent to the
Maplewood Share /Aspen Clinic, I submit the following opinions:
.. 1. The site plan did not clearly show the location of the
Chili's building, but it appears to indicate that the
building location could have a different set back than
the Share Clinic building. This would obstruct the
view of the Clinic from patients or potential patients
traveling east along Beane Avenue. This would not be
acceptable to Share.
2. The location of Chili's on the site, with the two
entrances and exits off Beane Avenue and the layout of
the parking could stimulate the use of Share's parking
facilities rather than having to park and walk any
distance in the parking lot.
There are only 183 parking stalls for the entire
project, Chili's and the retail shopping center.
During the busy season, usually during holidays, the
lot will be full and potentially some what diminished
in capacity, due to snow buildup and the likelihood of
the "Projects" customers utilizing Share parking is
possible. A site plan in relations to the Share
property would be helpful.
9900 Bren Road East
P.O. Box 1459
Minneapolis, Minnesota 55440 -8001
(612) 936 -1300
18 Attachment 8
411 Page 2
February 5, 1990
3. Since the proposed location of the rubbish /trash
receptacles were not clearly identified on the
elevation drawings and site plan, I'm making the
assumption it is the southeast corner of the building
facing the clinic. This would be in the site line for
patients, doctors and nurses viewing from the windows
on the west side of the clinic. Typically, this is an
unkept area even in the best of facilities. Should the
location continue to remain, Share would prefer not
only a fully secured and constructed building screening
walls but also bermed with mature (10' + +) evergreen
trees planted to screen the area and any unsightly area
along the east walk of Chili's and the shopping center.
It would be helpful if I could have more time review a full
model or site drawing of the site plan and building in retrospect
to the Share site and building. I have taken a visual walk
through, however, this can be deceiving. I would appreciate
further opportunity to discuss these matters.
• Sincerely,
George Sol nitzk(f
Director of Support Services
cc: Pam Shaw
Share File
19
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Chili's Inc. initiated a conditional use permit to
construct a restaurant in a BC(M), business commercial (modified)
district at the following- described property:
West 150 ft. of the North 390 ft. of the SW 1/4, Sec. 2,
T 29N, R 22W, lying north of Radatz Avenue, subject to Beam
Ave. and except the West 33 ft. thereof taken for Southlawn
Drive. East 100 ft. of the West 250 ft. of the North 390
ft. of SW 1/4 Sec. 2, T 29N, R 22W. Lying North of Radatz
Avenue subject to Beam Avenue. East 100 ft. of the West 350
ft. of the North 390 ft. of SW 1/4, Sec. 2, T 29N, R 22W,
lying north of Radatz Avenue, subject to Beam Avenue. East
100 ft. of the West 450 ft. of the North 390 ft. of SW 1/4,
Sec. 2, T 29N, R 22W, lying north of Radatz Avenue, subject
to Beam Avenue.
WHEREAS, the procedural history of this conditional use
permit is as follows:
1. This conditional use permit was reviewed by the
Maplewood Planning Commission on March 5, 1990. The
Planning Commission recommended to the City Council
that said permit be
• 2. The Maplewood City Council held a public hearing on
April 9, 1990. Notice thereof was published and mailed
pursuant to law. All persons present at said hearing
were given an opportunity to be heard and present
written statements. The Council also considered
reports and recommendations of the City staff and
Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL
THAT the above - described conditional use permit be approved on
the basis of the following findings -of -fact:
1. The use would be located, designed, maintained,
constructed and operated to be in conformity with the
City's comprehensive plan and Code of Ordinances.
2. The use would not change the existing or planned
character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process,
materials, equipment or methods of operation that would
be dangerous, hazardous, detrimental, disturbing or
cause a nuisance to any person or property, because of
410 excessive noise, glare, smoke, dust, odor, fumes, water
or air pollution, drainage, water run -off, vibration,
20 Attachment 9
general unsightliness, electrical interference or other
nuisances.
410 5. The use would generate only minimal vehicular traffic
on local streets and would not create traffic
congestion or unsafe access on existing or proposed
streets.
6. The use would be served by adequate public facilities
and services, including streets, police and fire
protection, drainage structures, water and sewer
systems, schools and parks.
7. The use would not create excessive additional costs for
public facilities or services.
8. The use would maximize the preservation of and
incorporate the site's natural and scenic features into
the development design.
9. The use would cause minimal adverse environmental
effects.
•
Approval is subject to the following conditions:
1. Adherence to the approved site plan, dated and related
conditions.
2. This permit shall be subject to review after one year
from the date of approval, based on the procedures in
City code.
3. There shall be no excessive noise from the parking lot,
especially after 10 p.m. If any complaints about late
night noise from the parking lot are received, City
staff may require that the rear parking lot be closed
and barricaded after 10 p.m. The owner may appeal this
decision to the City Council. In this case, a public
hearing shall be held on the CUP. If the barricades do
not work, the City Council may amend the CUP to limit
hours of operation.
4. All cooking odors must be controlled so as not to be
noticeable to adjacent residences.
Adopted this day of , 1990.
411
21