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HomeMy WebLinkAboutPL MINUTES 10051982 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 102067 BOX: 21 Folder: PL MINUTES AND AGENDAS 1982 Document: PL MINUTES 10051982 CITY OF ST. ANTHONY • PLANNING COMMISSION MINUTES October 5 , 1982 The meeting was called to order by Chairman Jones at 7 : 37 P.M. Present for roll call: Zawislak, Bowerman, Makowske, Jones , . Peterson and Sopcinski . Absent: Bjorklund. Also present: Ron Berg , Administrative Assistant. Mrs . Makowske will report the actions and recommendations by the Commission to the Council at their October 12th meeting. At 7 :38 P .M. , the - Chairman opened the public hearing on the petition for a conditional use permit which would allow a 'drive-in facility to be a part of the proposed. Zantigo Restaurant -to be constructed on a vacant parcel of land located on the southeast corner of the Apache Plaza complex at 3900 Silver Lake Road. Mr. Jones read that portion .of a notice of the hearing pertaining to the conditional use permit as it had been published in the Bulletin and sent out . to all property owners within 350 feet of the site. No one present reported failure to receive the notice or objected to. • its contents . Mr. Berg addressed the request for a conditional use as well as for variances for parking- and signage in his cover letter and he dis- tributed copies of the site, landscaping and signage plans for the project for Commission consideration. Speaking for the proposal were .two representatives of the Zantigo KFC National Management Co. , 38 Triangle Park Drive, Cincinnati , Ohio;, K. C. George , 2640 West -77th Street, Minneapolis; and John Shavlis of Cincinnati, who were supported in their request by Dennis Cavanaugh,. Vice President of the C. G. Rein- Company, who manages Apache. Por. Shavlis showed the Commission members various photos of prototypes of the building his firm hopes, to build in St. Anthony. The proponents told .Chairman. Jones they have no plans for sidewalks along Silver Lake Road, but their proposal included' a patio area, concrete approaches to the entrances and- handicapped ramps . Mr. George confirmed that ,the latest the restaurant would stay open would be midnight on Friday and. Saturday nights and said it would close at 11 :00 P .M. during the week. He can foresee no need to keep the drive-in open later. • The Zantigo restaurants are all family oriented and no alcoholic beverages would be served, according .to Mr. George. Mr. Shavlis -2- discussed the lighting- plans. for the project and said the two signs on the building would be illuminated and there would be downlighting • for the parking area. All lighting would be turned . off when the restaurant is closed. The traffic flow would be directed in one direction around the building and Mr. Shavlis estimated there would never-be more than -five cars stacked up between the order and pickup stations at one time. Mr. George estimated between 80 and 90 cars would patronize the restaurant in a day and the busiest times would be between 11 : 30 A.M. and 1: 30 P.M. each day. He told Mr. Peterson the weather would govern the pedestrian traffic from the mall . According to Mr. Shavlis , only 25 percent of their business is drive up trade because the type of food they serve,- as opposed to a fast food hamburger restaurant, is more conducive to customers sitting down to eat their meal. However, .the =st anyone who drives up would have to wait for- his meal would be three minutes . The Zantigo planner told Mr. Sopcinski the Rice Creek Watershed District is requiring them to construct a weir to take care of the .runoff on the site and he described the curb construction .to him. All 15 Zantigo restaurants in the Twin Cities are serviced by thesame snow removal contractor and there is no slow piling because that- might prove dangerous to .the customers ' safety, Mr. Shavlis said. Referring to the Chairman's suggestion that a sidewalk might be constructed along Silver Lake Road eventually , Mr.. Peterson told the • petitioners he believes their proposal is geared to the right traffic since he has observed there are very few residents who walk to Apache and directing pedestrians to the bridge approach might be dangerous . Mr-. Cavanaugh assured the Commission members that the restaurant plans would not interfere with any of. Apache 's .plans for redirecting traffic in. that area. and management believes the ,restaurant- would be an asset to the center because it would provide a needed food service and an upgraded tenant mix. During the discussion of their landscaping plans , the Zantigo re- presentatives said the Soo Line had agreed. to their removal of brush and small trees on their property which would obstruct the view of the restaurant from Silver Lake Road. There would be no deliveries or trash hauling while the restaurant is open. The hearing was closed at .8 : 31 P.M. Motion by Mrs . Makowske and s.econded .by Mr. Bowerman to recommend the Council grant a .conditional use permit to Zantigo KFC National Management Co. , which. would permit a drive-in facility for the restaurant .they propose to construct on Lot 3 , Block 1, of Apache Plaza, finding that: (1) The proposed conditional use is one of the conditional uses specifically listed for the zoning district in which it is to • be located. =3- (,2) The proposed conditional use will not be detrimental .to the health , - :saf:ety,, or =genera-L-we_lfare of persons residing or work- ing in the vicinity or injurious to property values or improve- ments in the vicinity. (3) The proposed conditional use .is necessary or desirable at the above . location to provide .a service .or a facility which is in the interest of the public convenience and will contribute to the general welfare ofthe neighborhood or community. (A) There was no opposition to the proposal demonstrated during the hearing. (5) Granting this permit would .seem to be helpful to the economic welfare of Apache. , (.6) It appears an undue hardship would be caused the applicants if this permit for the drive-in- facility were not granted because they have indicated this activity accounts for 25 percent of their business . (7) The Apache management has indicated siting the restaurant in this location would not interfere with any road or traffic pattern improvements they plan for the area in the future. Motion. carried unanimously. • At 8 : 35 P .M. , the Chairman opened the second hearing on .the proposal which was related to the Zantigo request for a -variance from the City ordinance requirement that 52parking spaces be -provided for drive- in restaurants of this size and type which would allow Zantigo KFC to provide only 34 such spaces , or eighteen less than required. Chairman Jones read the portion of the notice which pertained to this aspect of the request and no one present reported failure to receive the notice or objected to its contents . Mr. Berg explained he had figured. 31 parking spaces would be required for the building -itself, 13 for the restaurant aspect and 8 for the number of employees which are anticipated. Mr. Shavlis said no more than 25. parking spaces have been required for any restaurant they own because of the nature of their business but they had increased this number to 34 which they believe should be more . than . adequate with the parking .which would be available .to them in the adjacent shopping center lots . Mr. Cavanaugh said although there is no written agreement with - Zantigo to the effect that such parking would be available to them, there are no plans to develop any further the space west of. the restaurant because of problems with visibility. The only other free standing building the shopping center management would'- even -consider might be south of the Midwest .Federal Bank build- ing, and even that site might cause visibility problems for the mall tenants . • The Rein executive said it is estimated 250 cars used the western parking lots near Montgomery Wards and there .is no reason to believe - -4- the smaller stores which. .are .going -into the space Wards vacated would ever need that._much- park.ing. He reiterated that when the Apache management puts. into .effect the 1980 Short-Elliott-Hendrickson study recommendations for roadway and traffic pattern improvements , those plans would not interfere with the restaurant's business . Mr. Sopcinski pointed out that the petitioners had incorrectly identified the ordinance requirement for parking as 50 spaces and it was agreed that .this figure should be corrected on the application to read. 52 . He wanted the Council to know that even though the Commission-.members seemed to favor the variance for parking spaces , they were having a great deal- of- difficulty . relating a recommendation of approval to the,- conditions which are required to be satisfied before. the variance is granted. During the discussion which followed there were many changes made including the possibility of Zantigo's following the example set by American Monarch ofmaking an agreement with the Sbo., Line to make additional land available to .the restaurant if additional parking is needed. Mr. Bowerman indicated the problem might lie .with .the ordinance which was probably developed originally to relate to sites surrounded by developed properties and not for restaurants which would be located in ".a sea of blacktop in a shopping center" . He questioned whether such restrictions had been placed on Vincenzo 's or the Vietnamese restaurant in the St. Anthony Shopping Center where there is the same situation of more parking spaces than are even utilized by the tenants . Mr. Bowerman believes the City should accept the verbal assurances from the Apache management that there would always be parking available for Zantigo 's customers in the 2 ,000 or more parking spaces provided for all the tenants of the center. He pointed out that the petitioners are already providing 9 more parking -spaces than their experience with .other restaurants indicate are necessary and they have raised the question .of whether it would be good business for them to take on the additional expense of providing for additional parking which theyare convinced they do not need. The Planning Commission member added that he personally would hate to see anymore , greenery in the area converted to blacktop without a real justification. Mr. Sopcinski indicated he would have trouble accepting the suggestion that the stacking space in the drive-in area could be counted as parking spaces since "the occupants of those .cars never get out" , but he could see that .the 1973 ordinance might not have been geared to this type of restaurant .in thislocation and might not have been written to anticipate the same. requirements for a fast food restaurant as for Jax. Mr: Berg .noted ,that the City ordinance would only require 24 parking spaces for a sit down restaurant. The hearing was closed- at 9 : 10 P.M. Motion by Mr. Bowerman and seconded by Mr. Zawislak to recommend the • Council grant a variance of. 18 parking spaces where 52 is required by the City Zoning Ordinance to Zantigo KFC National Management Company for the restaurant they propose- to- construct on the south- east .corner of Apache Plaza, finding that: -5- (J) The firm's business studies have indicated 25 parking spaces would be sufficient for-their restaurant but they have never- theless agreed to provide 34 spaces . (2) Under a verbal agreement, the landowner, the C. G. Rein Company, would .provide any additional parking which might be necessary . (3) . There is .ample .parking immediately adjacent. to- this site to provide the additional parking to satisfy the ordinance intent, and it would therefore cause an undue hardship to require Zantigo KFC Company to provide 18 additional spaces . (4) Since 25 percent of the restaurant 's business represents a drive-in facility, vehicles are parked on the site for only about 5 minutes . (5) The intent of the ordinance probably never envisioned the application of the parking requirements. to a shopping center where ample common parking is provided ,at all times . (6) The five .parking spaces provided for the drive-up facility were not considered in the 34 proposed by the petitioners and if they were accepted as parking spaces , the deficiency in spaces could be reduced. Motion carried unanimously. The third request from the Zantigo Company was considered next. • This was for a free standing monument type sign in.-front of the restaurant on Silver Lake Road. A request for a .pylon sign was withdrawn. Mr. George said there would be two 4 X 7 signs on the building itself similar, but smaller., than those on the photos of other facilities, but there is also a need for a 7 foot high sign to identify their business to prospective customers , because the restaurant business "is still an impulse business" . He believed the sign would also be viewed as a safety measure to let the "mother with three children in her car know the restaurant is there in time .for her to make a . safe turn into the shopping center. Mr. Berg had .described the sign in his. cover letter as having a three foot high base and a 4 X 8 overall width and said Zantigo's would be well within the 96 square feet of. signage they are permitted for the building they propose considering -the sign's configuration. Mr. Makowske commented that under .the .new sign ordinance the Com- mission has before it for its final reading, there would be no variance required- for this sign. Mr. Bowerman pointed out that he perceives the -rationale which the Commission used to justify the parking variance would now seem to work against the request for the sign variance. He said if less • parking is needed for a .building which is located in a vast area of undeveloped land in a shopping center because the restaurant is in that shopping center, then there should probably ..not be any more signage permitted them than is permitted the other tenants in the -6- same center. .He was troubled to. think the .preceddnt= might be set for having to permit individual signs for Minnesota Fabrics , Rexall Drug and the bank and eventually .the strip along Silver Lake Road might become similar to Central Avenue, "a strip of flashing neon" . He believes the mix of commercial. and .residential along Silver Lake Road make it absolutely essential that the signage be controlled in this area and near the other shopping center on the other end of the roadway. Mr. Cavanaugh responded to this by sayinghe doesn' t believe this will ever happen in Apache and the fact that there is no such signage for J. C. Penneys , Red Owl or LaBelle 's demonstrates how tough Apache has been in that regard. He said the new restaurant would occupy 21, 500 square feet of space in the center and it had taken a lot of convincing for him to see their need for the free-standing sign. Mr. Bowerman commented that it seems to him the two signs which would be 13 feet high on the building- could be easily seen. . He suggested the proponents .might want to wait to see what signage is developed in the new ordinance. Mrs . . Makowske said considering all the signs .which have been approved in the last few years , some right across the street from the subject site, she would be hard pressed to suggest this sign be denied. However, she would like to see guarantees attached that the sign would not be built on a berm and that all lighting would be shut • off after business hours . Mr. Peterson said he believes the Apache Management has made a good case for recommending approval of the variance . Mr. Sopcinski . indicated he has seen the City 's control over signage jeopardized long before this request and with the new ordinance, such signage would be permitted wherever a business indicates they need it. Mr. Zawislak agreed with Mr. Bowerman that the City should not set the precedent of permitting free-standing signs in a shopping center and he also saw the inconsistencies in the arguments for the parking and signage variances . He also .noted that Mr. Cavanaugh might not always be making the decisions for signage . Mr. Jones believes the new Zantigo building would be ..its own identi- fication and their signage could be easily seen on Silver Lake Road. However, if they were able to prove the view of the restaurant is obstructed in such a manner that drivers can'-t make the decision to turn in time, he would be in -favor of granting the firin_' s request-.for a variance. Mr. Cavanaugh indicated the Zantigo representatives wanted to have the decision on their request tabled until the new ordinance is approved. • -7- Motion by Mr. Bowerman and seconded by Mrs . Makowske to table the request for a free-standing .-sign for the Zantigo restaurant at the • request of the applicants . Motion carried unanimously. Mr. Berg asked .that .those planning to attend the housing conference to be sponsored: by the Metropolitan .Council.-October: 27th, .contact _him at the. City Hall. Motion .byzMr. Peterson and .seconded by Mr. Sopcinski to adjourn the meeting at 10 :05 P .M. Motion -carried unanimously . Respectfully submitted, Helen Crowe , Secretary