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2010-11-23 Planning Comm MinutesPlanning Commission Minutes November 23, 2010 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES NOVEMBER 23, 2010 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, November 23, 2010, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Povolny, Commissioners Hennes, McManus, Norton (arrived at 7:02 p.m.) and Viksnins. Those absent: Commissioner Field. Those present were Assistant to the City Administrator Jake Sedlacek, Public Works Director /City Engineer Mazzitello, and NAC Planner Carie Fuhrman. Minutes were recorded by Carla Wirth. Approval of October 26, 2010, Minutes COMMISSIONER MCMANUS MOVED, SECONDED BY COMMISSIONER HENNES, TO APPROVE THE MINUTES OF OCTOBER 26, 2010, AS PRESENTED. AYES: 4 NAYS: 0 Commissioner Norton arrived at 7:02 p.m. Hearings PLANNING CASE #10 -33 Western Culinary Institute, Ltd. (Le Cordon Bleu) 1315 Mendota Heights Road Conditional Use Permit for restaurant dining and cafe facility Planner Carie Fuhrman presented the request of the Western Culinary Institute for a conditional use permit (CUP) to allow the operation of a public restaurant and caf6 facility as part of the existing Le Cordon Bleu culinary school at 1315 Mendota Heights Road. The property is zoned Industrial and restaurants are allowed as conditional uses. The building permit was approved in 2004 and included a CUP at that time; however, the restaurant never materialized so they are making application at this time. Ms. Fuhrman displayed a picture of the subject site and identified the location of the restaurant and caf6 in the existing Le Cordon Bleu Culinary building, in the northwest corner of the backwards L- shaped building. This space is currently being used as storage as it was never finished. The restaurant and caf6 portion of the facility will encompass 8,200 square feet of the approximately 70,000 square foot building. It will provide seating for 108 indoor guests and 28 outdoor guests. The two outdoor dining patios are each 10.5 feet by 20.5 feet in size located on either side of the main entrance surrounded with black wrought iron fence three feet in height. The fencing will incorporate flower boxes, lighting and a new door to each of the patios is also proposed along with two new concrete walks from the main entrance doorway to the sidewalk. Ms. Fuhrman stated the hours of operation for the restaurant are Monday through Friday 11 a.m. to 10 p.m., Saturday and Sunday 6 a.m. to 10 p.m. The proposed hours of operation for the caf6 are Monday through Sunday 6 a.m. to 10 p.m. At the time of the 2004 approval, the City approved hours of operation for the restaurant to be limited to 11 a.m. to 10 p.m. from Tuesday through Sunday. At that time, however, the caf6 portion of the facility was not part of the project proposal. Ms. Fuhrman stated the existing parking lot consists of 536 parking spaces and the Code requires 435 parking spaces so there is adequate parking. They propose landscaping around the outdoor dining patio, which is not required by the ordinance and appears to be sufficient to act as a screen or buffer. A lighting plan was not submitted but the applicant proposes exterior illumination integrated into the black wrought iron fencing and four exterior wall Planning Commission Minutes November 23, 2010 sconces at the front of the restaurant and cafe areas, along the west elevation. Signage is planned but a sign plan has not yet been submitted. The applicant has indicated signage will comply with the ordinance. The existing trash enclosures will be utilized for the proposed use. Ms. Fuhrman explained that because the restaurant and cafe are being proposed as a teaching component for the culinary trade school staff recommends, if the CUP is approved, that it would terminate in the event the culinary trade school ceases operation at this site. Following holding the public hearing, the Commission may consider approval based on findings and conditions as contained in the staff report, or consider denial of the application based on a finding that the proposed restaurant and cafe do not meet the zoning ordinance requirements and are not consistent with the intent of the CUP criteria. Ms. Fuhrman stated staff believes that the proposed restaurant and cafe uses are consistent with the site, surrounding area, and the existing use of the property. The existing building, site and parking areas appear to be sufficient to accommodate the new uses in the building. Staff recommends approval of the requested CUP subject to the five conditions detailed in the staff report. Commissioner Hennes asked if concerns were expressed when the original CUP was approved in 2004. Assistant to the City Administrator Sedlacek stated the hours of operation were a concern at that time. Commissioner Viksnins asked who the applicant is. Ms. Fuhrman explained that Jeffrey Brim made application on behalf of the school. Commissioner Viksnins asked about the recommended condition tying the restaurant and cafe to the teaching of the school and if the operation could not be continued if the students came to an agreement with the school to operate the restaurant and school. Ms. Fubrman stated that was a condition of the original approval in 2004 along with the condition related to reserving parking spaces for the restaurant and cafe. Chair Povolny asked whether the hours of operation had changed from the original 2004 approval. Ms. Fuhrman explained that it limited hours to 11 a.m. to 10 p.m. from Tuesday to Sunday for the restaurant, and the cafe was not part of the original application. The current application is for a seven -day operation. Howard Roston, representing the applicant, stated he is also a resident of 1728 Trail Road. Mr. Roston stated this will be another good place to eat and requested that the Planning Commission recommend approval. Jeff Brim, Career Education Corporation, 2895 Greenspoint Parkway, Hoffman Estates, Illinois, explained they are the parent company and have five major school entities, Le Cordon Bleu being one of the entities. Mr. Brim explained that the schools across the country are under the Western Culinary Institute. Commissioner Viksnins asked if Laura Magnuson is the owner. Mr. Brim explained they rent the building and Ms. Magnuson is with Northmarq, the owner of the building. Commissioner McManus asked if staff will be added to operate the restaurant and cafe. Kevin Sanderson, Le Cordon Bleu School President, stated they have an operation at Brown College that started in July of 1999. That lease is expiring so they would like to consolidate all operations at the Mendota Heights address. He advised that some staff will be added but the restaurant and cafe will predominantly be operated by students under the direction of staff and chefs. Commissioner McManus asked about their baking program. Mr. Sanderson stated that program is part of this School and those students will also be utilized at the cafe. Chair Povolny asked about their current operation. Mr. Sanderson stated it is at Brown College and would be moved to this location since that lease is expiring and their student population is growing. 2 Planning Commission Minutes November 23, 2010 Commissioner Viksnins asked if they are requesting expanded hours to accommodate the existing restaurant that would be moved to this location. Mr. Sanderson stated originally, when this building was built, the college only offered Tuesday through Friday but with an expansion to this location and the additional parking availability, they want to extend hours of operation. Commissioner Viksnins asked what they expect for customer traffic. Mr. Sanderson stated they believe it will be a viable operation and cost point opportunity to offer student products at a reasonable price that will draw traffic and serve that segment of the community. Commissioner Viksnins noted a recommended condition is that the CUP would be in place as long as the restaurant and cafe are tied with the school. He asked if they agree with that condition. Mr. Roston stated they have no preference whether that condition remains or is removed. Commissioner McManus asked how many students are at the school. Mr. Sandstrom stated they currently have 770 students. Chair Povolny opened the public hearing. Seeing no one coming forward wishing to speak, Chair Povolny asked for a motion to close the public hearing. COMMISSIONER NORTON MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO CLOSE THE PUBLIC HEARING. AYES 5 NAYS 0 COMMISSIONER NORTON MOVED, SECONDED BY COMMISSIONER HENNES, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT AS REQUESTED AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE RESTAURANT AND CAFE CUP WOULD TERMINATE IN THE EVENT THAT THE CULINARY TRADE SCHOOL CEASES OPERATIONS AT THIS SITE; 2. THE HOURS OF OPERATION FOR THE RESTAURANT SHALL BE LIMITED TO: MONDAY THROUGH FRIDAY 11:00 A.M. TO 10:00 P.M., SATURDAY 6:00 A.M. TO 10:00 P.M., AND SUNDAY 6:00 A.M. TO 10:00 P.M. THE PROPOSED HOURS OF OPERATION FOR THE CAFE SHALL BE LIMITED TO MONDAY THROUGH SUNDAY 6:00 A.M. TO 10:00 P.M.; 3. THE SCHOOL SHALL RESERVE ADEQUATE PARKING SPACES FOR THE EXCLUSIVE USE OF RESTAURANT AND CAFE CUSTOMERS; 4. THE APPLICANT SHALL APPLY FOR AND RECEIVE A SIGN PERMIT PRIOR TO ANY NEW SIGNAGE BEING PLACED ON THE PROPERTY; AND 5. THE APPLICANT SHALL APPLY FOR AND RECEIVE A BUILDING PERMIT PRIOR TO ANY CONSTRUCTION WORK. Commissioner Viksnins asked about Condition 1 that tied the CUP to the school. Mr. Sedlacek stated that is a carry-over condition from the 2004 approval; if the school is not in operation and the City wanted the restaurant and cafe to remain in operation, it could amend the CUP. AYES 5 NAYS 0 Chair Povolny advised the City Council would consider this application at its December 7, 2010, meeting. Discussion of December Meeting Planning Commission Minutes November 23, 2010 Mr. Sedlacek indicated that the Planning Commission has frequently requested to cancel the December 28, 2010, meeting and, at this time, there are no planning applications. COMMISSIONER NORTON MOVED, SECONDED BY COMMISSIONER MCMANUS, TO CANCEL THE DECEMBER 28, 2010, PLANNING COMMISSION MEETING. AYES 5 NAYS 0 Verbal Review Mr. Sedlacek gave the following verbal review: PLANNING CASE #10 -30 Daniel and Jodi Saltzman Critical Area Permit • Scope of the project changed and application was withdrawn. PLANNING CASE #10 -31 Richard Nelson Wetlands Permit • Approved by the City Council as recommended by the Planning Commission. PLANNING CASE #10 -32 Robert and Katherine Thompson Critical Area Permit • Approved by the City Council as recommended by the Planning Commission. Mr. Sedlacek stated the Commissioners have been provided with electronic copies of the 2030 Comprehensive Plan Update that was approved by the Metropolitan Council and implemented by the City Council. He stated if requested, copies of the Storm Water Management Plan are available for review. Mr. Sedlacek explained that the Mississippi River Critical Area Plan was not included in the Comprehensive Plan because the DNR is undergoing a rulemaking process so there will be changes. Mr. Sedlacek encouraged Commissioners to complete an on -line training course offered by the League of Minnesota Cities. He explained the City would be eligible to receive a discount if there is a case related to a land use decision if a quorum of the City Council, Planning Commission, and appropriate staff complete this training. Chair Povolny adjourned the meeting at 7:24 p.m. Respectfully submitted, Carla Wirth, Recording Secretary M