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05-23-1972DATE February 23, 1972 May 23, 1972 CITY OF RICHFIELD PLANNING COMMISSION AGENDA Item 4~1 Case 72-SP-1 Originating Department: Planning Department Action Requested: Approval of Special Use Permit for a Restaurant Exhibits: Site location and zoning map, and Section 3.33, Subdivision 4, Paragraphs a through h of the city code. Mr. Robert J. Sather, and R. B. Weigel, secretary of the Watson, Campbell, Inc., requests approval of a special use permit to construct a sit-down restaurant on property located in the northwest quadrant of Penn Avenue and 64th Street. The restaurant will be identified as "Sambo's" which is a new chain of eating establishments seeking to penetrate the Minnesota market. The corporate headquarters of this new chain is Santa Barb ara. California. A sketch plan showing the location of the proposed restaurant is attached hereto and labled Exhibit A. The property upon which the proposed restaurant will be located is currently zoned "I" Industrial. Restaurants are only permitted within an industrial zone through the issuance of a special use permit. Therefore, the application has been filed under Section 3.33, Subdivision 4, Paragraphs a through h of the city code which states the findings required to be affirmatively satisfied by the project before a special use permit can be issued by the city. A copy of this section of the city code is attached hereto and labled as Exhibit B. This item was considered by the Planning Commission at its meeting of February 23, 1972. The Planning Commission found that some confusion existed between the Council and Commission on the use of the Comprehensive Plan in evaluating applications for land use changes within the community. The evaluation of this restaurant project would have been complicated by this confusion and therefore, the Commission decided to continue consideration of the item for 90 days or until the confusion could be eliminated through Council action on the comprehensive plan. The restaurant will contain approximately 4,000 square feet. The 4,000 square feet will be partitioned into a dining room and coffee shop area. The building will be located on a lot containing between 34,944 and 37,719 square feet. The dimensions shown on the site plan submitted by the applicant do not agree with the dimensions shown on the half section maps on file in the Building Inspector's office. This matter will have to be resolved through submission of a new land survey of the property which legally establishes and describes the actual boundaries of this property. The building satisfies all front, side, and rear yard setback requirements of the city code. The Planning Director wishes to reserve any further comment of the development plans for this site (circulation system, landscaping) for that time in the agenda that the Planning Commission wishes to discuss the aspects of the application. Planning Commission Agenda -2- DATE May 23, 1972 Item ~~l Continued A restaurant building containing 4,000 square feet of gross floor area is required to have off-street parking satisfying the formula of one space for each three seats contained within the building. The building will accommodate 105 people, which means that 35 off-street parking spaces will be required to satisfy the city's off-steet parking regulations. The plans of the applicant show that 56 off-street parking spaces are being provided by this project. The proposed restaurant will be bounded on the north by the American Bakery business, east by the Louise Fraser School for Exceptional Children, west (across Penn Ave.) from Eddie Arnold's Chicken Shop and south by Tobian Art Manufacturing Company. It will be generally located within the area of the city which has been commonly characterized as one of Richfield's problem areas in terms of visual clutter, traffic congestion, and business turnover due to the poor location of various strip commercial businesses in the area. This area received a great amount of attention and study by the Planning Commission during its deliberations on the Comprehensive Plan. The result of this study was the development of a policy position that new commercial development, including fast food operations and gasoline service stations, be discouraged from locating within this area, and that only limited retail commercial establishments be encouraged. This policy has currently been translated into the Comprehensive Plan proposals of the Commission for this area. Within the time period that has elapsed since the Commission first considered this application, two major events have occurred which have a direct bearing on this application. The first was the joint meeting between the City Council and Commission. At that meeting, it was determined that the Commission could properly use its adopted Comprehensive Plan as the basis for developing its judgements and decisions on various applications before it for consideration. The second was the denial of a restaurant application similar in many respects to the one under consideration and in close proximity to the location of this restaurant. These two events have only tended to confirm the Planning Director's original recommendation that this application be denied on the following grounds: a. The proposed application is in conflict with the recommendations of the Comprehensive Plan, as adopted by the Planning Commission for the area within which this restaurant will be located. b. All of the findings of Section 3.33, Subdivision 4, Paragraph (a) through (h) must be affirmatively satisfied for the granting of a special use permit for a restaurant located within a commercial or industrial district. Paragraph (h) cannot be found to be affirmatively satisfied. c. The subject property is in one of the industrial districts of the city. The city has a very limited amount of industrial property which is still subject to development or redevelopment. In an effort to protect the industrial property of the city for industrial development and in order to achieve abetter balance r %i ~ s, /~ ~ ~~ . ~_ .~ i} .;:he station or g~:rage will not display any banners, noisy rib?JOns oi' S1[%lila.r 2.tt?r1tLOT1-dl.straCting Or viSlbility-a'USCUring deV1.Ci?S i"t1 file rea :Ln front of building setback lines, fe} 'she nl:ini:numrrontag~e on any sheet will be 120 .feet and che a;=nis~:u;r: ace.a of i.he site t,ili be lZ,t)00 square feet for a station with lour tlii?i~S fir 1C;i8 ~ at1..l StatianS ~°7itl`1 L?10r=~ ~umpS T~1i11 1l~lve suff LC1°nt addltiOrlal fr;~nYage area to provide equivalent aria sufficient space for. svrvi.cing v~,hicl.es, fur off-street par?.ing, for sate vehicular apAroacheS into the tior~, and for good visibi:Liiy for p~~rlestrians and drivers. f) I`lo drive,aay cai.ll be fi;~red outward on the boulevard in such a 7,7~1y as to encroach upon the boulevard of adjacent property. 7:'hv station or garage will comply with the off-street parking, sign cansr_ruction and other regulations of the city, h) any required buffer or screening area will be so co:lstrcicted as to obstruct Ileadlig'nt beams of automobiles on the station property from beaming onto adjacent residential property. i) Pump islands will not be so close to street or adjacent property lines as to create the iikelihaad of encroachment by vehicles upon street right-of-~~~ay, sidewalk areas or adjacent property, j) Only one permanent dLtached ground display sign, pddestal type may b~~ erected on the street frontage at or near the prcperty li~~ adjacent to the street, e~ccept that if the frontage o~ t:se s~3r~ee:t.is :in.Qxcass,af 150 feet, two such sign;, may bQ allowed by the council on such frontage, subject to any other applicablA sign regulation. i) AlI exterior lighting will be so desi;ned, placed and operated as not to be a nuisance :o adjacent properties. 1) If the statior_ or game is to be located in a shopping center or other integrated development, it will be in architectural harmony with the rest of the center or development, m) ~'he station or oaraga will not provide for the outdoor operation of lubrication equipment, hydraulic lifts or service pits, or the outdoor dispJ.ay of merchandise; but the dutside underground storage of gasoline and other petroleum products between p±lmps, or the temporary display of merchandise c~ithin 4 feet of the station building is permitted. n} If the station or garage is not to be located on a county road or state high-aay, it shah. not b? operated between th•a hours of 11:00 p.m, and 6:G0 a.m, of the following day. o) Lf the site is at an intersection, provision will be made for an unobstructed area on the site, adjacent to and within 50 feat of the inter- S°Ctlon, fre a~ ~7nhicleS, ;ilgnS (at'ner than a p~deutal sign), displays or other materials which t-end to obstruct intersection visibility, Subd, ~+. Regulations RQlatin; to Hotels, 2~iotels, Restaurants and •CafLs, A spacial use permit shall not be granted for a hotel, motel, restaurant or cafe unless the council finds that the proposed use ~,xill be in substantial compliance with the folio=sing standards: a) Zhe use wi11 no t_ create undue ~:raffic hazards or traffic congestion either on the public streets adjacent to the site or on the parking a°reas on or adjacent to che site or on streets adjacent to the site unto whic'n traffic to or from the site is channeiQd, b) adequate provision wi.9l_ be made, through the use of building set- backs,-buffer areas, screening, and exterior tr€~atclent or placement of the bu:i.lding on the site to avoid noise, glare, fumes, dust, and any other sources of nuisance or annoynnc~ to adjacent properties, b3 3j23/70 1970 LAND Df ~OPMENT PROJECTS INVOLVING PLA1vNI?~'G DEPARTMENT AND PLANNING COMMISSION PROJECT ADDRESS DESCRIPTION OF USE PLANNING APPLICANT APPLICATION) 1ARKET VALUE OF IMPROVEMEPIT2 ESTIMATED TAX RETURN 7005 Portland Ave. So.Double Bungalow (New)Vern Gamber A,C 38,700 $1,550 7500 Cedar Ave. So.Apartment (New)Mark Z. Jones C,D,E 270,000 10,800 711 West 66th Street Restaurant (New)Stan Tabor B,C,D, E 180,000 7,200 General Mills) 6300 Cedar Ave. So.Industrial Business Gordon Jensen B,C,D, E 66,0003 2 b40 New)Jensen Air Cargo) 7529 Lyndale Ave. So.Commercial Business Ed Mika C,D,E 23,4004 936 New)Li'1 General, Ina) 7545 Lyndale Ave. So.Commercial Business Gene Stoltz B,C,D, E 87,000 4803 New)Fish 'N Chips) 6901 Penn Ave. So.Apartment (New) ~Curtis Kingbay C,E 120,000 4,800 Kingbay Const.) 6521 Cedar Ave. So.Commercial Business Clyde Melton B,C 66,000 2 640 New)Midwest Mortuary) 708 ~~~est 66th Street Improvement to Existing Florence Rush B,C,D, E, F 438,000 17,520RestaurantHeidelbergRest.) 6225 Lundale Ave. So.Improvement to Exist-Rodger Spears C,D No Change ing Boat Shop Crosstown Marine) 6628 Girard Ave. So.Improvement of Existing Howard Albeck C,D Single Family Home 3- MARKET VALUE ESTIMATED PROJECT ADDRESS DESCRIPTION OF USE PLANNING APPLICANT APPLICATION) OF IMPROVEMENT2 TAX - RETURN 7bth ~ Girard Ave.Restaurant (New)Robert Naegele Sr. B Uninitiated Project 300-310 West 78th Street High-rise Apartment Robert Boiseclair, A 2 Building (New}Shelter Development Corporation) b00 West 66th Street Animal Hospital Dr. Thomas Wanous B x In Existing Building D. V. M. 6529 Penn Avenue Improve Existing Ray M. Tharp, D 3,000 120 Restaurant Arby's Restaurant) 3000 West 66th Street Restaurant (New)Earling Rice B, D x outhdale Square Inc.) 2900 West 66th Street Existing Shopping Earling Rice C Center Expansion Southdale Square Inc.) 6645 Penn Ave.Canopy for Existing Dale Hunson, D ie Gasoline Service Station Conoco) 6533 Vincent Avenue Parking Lot Expansion Burger King Inc. C Uninitiated Project 6245 Lyndale Avenue New Commercial Building Baldwin Realty C c x Addition to Crosstown Marine 16th & Bloomington Vacation of Alley Oliver M. Hage E x e at 62nd Street FOOTNOTES:TOTAL 1,43,000 49,720 1 - Planning Application Code Description A - Rezoning C - Site and Building Plan Review E - Vacation of Pub lic Land B - Special Use Permit D - Variance F - Subdivision or Combination of Land 2 - P~larlcet Value as of January, 1972 Information not available or no increase in value of project