02-660ORfG1�1aL
Council File # 0.1- (.(ep
Cneen Sheet #� p p` q 0
(�
Presented By
Referred To
WHEREAS, on April 18, 2002, the Commission's Zoning Committee, after having
provided notice to affected properiy owners, conducted a public hearing where all persons
present were given an opportunity to be heard and, at the,close of the hearing, submitted a
recommendation on to the Commission. By its Resolution No. 02-34, adopted Apri126, 2002,
the Commission decided to deny the said site plan based upon the following findings and
conclusions:
1 WHEREAS, Grand Investors 2001 LLC, in Zoning File No. 02-099842 and pursuant to
2 Legislative Code § 62.108(c), made application to the Saint Paul Planning Commission
3 (hereinafter the "Commission") for site plan review for the purposes of constructing a new
4 commercial building and parking lot on property commonly known as 1060 Grand Avenue and
5 legally described as contained in the said zoning file; and
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Committee: Date
l. The site plan is not consistent with vehicular and pedestrian safety. The
site plan cannot safely accommodate the high levels of traffic that will be
generated by the proposed tenants, Chipotle and Noodles, given the
existing levels of traffic and congestion on Crrand Avenue. Also, the site
plan does not provide adequate room for trucks to make deliveries on the
site and would require deliveries to made from the street.
2. The property is zoned B-2 and the proposed tenants, Chipotle and
Noodles, are not permitted uses because they are fast food restaurants
under the definition of fast food restaurant (Section 60.218.R) since they
have the following characteristics:
- Forty-five (45) percent or more of the floor area is devoted to food
preparation, employee work space and customer service area.
- A permanent menu board is provided from which to select and
order food.
- Customers pay for food before consuming it.
- A self-service condiment bar is provided.
- Trash receptacles are typically provided by Chipotle and Noodles
for self-service busing.
- Most main course food items are pre-packaged rather than made to
order.
� ORIGINAL
ba. - G�+
2 WHEREAS, acting pursuant to the provisions of Legislative Code § 64.206, Grand
3 Investors 2001 LLC duly filed an appeal from the determination made by the Commission and
4 requested a hearing before the City Council far the purpose of considering the decision of the
5 Commission in this matter; and
6
7 WHEREAS, acting pursuant to Legislative Code §§ 64.206 -.208, and upon notice to
8 affected parties, a public hearing was duly conducted by the City Council on June 5, 2002, where
9 all interested parties were given an opportuniry to be heazd; and
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WHEREAS, the Ciry Council, having heard the statements made and having considered
the application, the report of staff, the record, minutes and resolution of the Zoning Committee
and of the Commission, does hereby;
RESOLVE, that the Council of the City of Saint Paul does hereby affirm the decision of
the Planning Commission in this matter based on the following findings of the Council
Having heard the testimony presented before the Council and having considered the
report of staff, the record, minutes and resolution of the Zoning Committee and of the
Commission, the Council finds that the appellant has failed to show that the Commission erred in
its facts, findings or proceedings and the Council hereby adopts as its own the recard of the
Commission's findings in this matter as contained in Commission resolution No. 02-34; and
BE IT FURTHER RESOLVED, that the appeal of Grand Investors 2001 LLC be and is
hereby denied; and
BE IT FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution
to Grand Investors 2001 LLC, the Zoning Administrator and the Planning Commission.
Requested by Department of:
By:
Form Approved by City Attorney
s �!r�. �✓L�tv �-- 7-(2 - 0 2
Approved by Mayor for Submission to Council
By:
BY � � 1 �� ( � ' ��\
V
♦ �
♦
Adopted by Council: Date��M'��� a ,O ��..,,
Adoption Certified by Counci Sec ry
By _ � �� �� �!
Approved by Mayor: Date
4� -G�
CITY COUNCIL
�MACT PFRSON & PFN
Councilmember Coleman 266-8620
DATE INRIATED
July 17, 2002
NUM89tFOR
�
TOTAL # OF SIGNATURE PAGES
GREEN SHEET
ov�aTrwrpaarae
No 200690
arvcauxc�
❑ CIIYATTGRIEY ❑ CT'CIFRR
❑ Ri6MCILLfERVICtlOR ❑ A1111XJ11LfERV/ALCTo
❑rnvoRlatnmsrum ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
Memorializing City Council action denying the appeal of Grand Investors 2001 to a decision of
the Planning Commission denying the site pZan for a new commercial building and parking lot
at 1060 Grand Avenue.
PLANNING COMMISSION
CIB COMMITTEE
CIVIL SERVICE CAMMISSION
AMOUNT OF TRANSACTION
Has this persoNfirm e�rer worked undef a conVact forthis tlepertmeM?
YES NO
Has this perwNfirm ever been e city empbyeeT
VES NO
Does this persoNfirm possess a sldll not nwmallypossessetl by a�ry curreM city employee7
YES NO
13 di19 PEISOR�lNR! 8 �&'Q2(fY�YClId�
�$ �
ACTNITY NUMBER
(CIRCLE ON� YES NO
(IXPWNj
OFFICE OF THE CITY ATTORNEY
Manuel J Cervantes, Ciry Attorney
Od...G�°
CITY OF SAINT PAUL
Randy C. Kelly, Mayor
Civil Division
400 Ciry Hall
IS Wesr KeZlogg Blvd.
Saint P¢uT, Minnesota SSIO2
Telephone: 6511668710
Facsimale: 651 298-56I9
July 15, 2002
Nancy Anderson
Council Secretary
310 City Hall
15 West Kellogg Blvd.
St. Paul, MN 55102
Hand Delivered
Re: Appeal of Grand Investers 2001, LLC from a decision of the Planning Commission
denying a site plan review.
Deaz Nancy:
Attached please find the signed original of a Resolution memorializing the City Council's
decision to deny the appeal in the above-entitled matter. Please place this matter on the City
CounciPs Consent Agenda at your earliest convenience.
If you haue any questions, please don't hesitate to contact me.
Very truly yours,
/r �✓��
Peter W. Warner
Assistant City Attorney
PWW/rmb
Enclosure
ea-c��o
CITY OF SAINT PAUL
Randy C. Kelley, Mayor
May 14, 2002
Ms. Nancy Anderson
City Council Research Office
Room 310 City Hall
Saint Paul, MN 55102
Deaz Ms. Anderson:
`�
��
C��'.�"r- ��
`�s�°Y
I would like to conFirm that a public hearing before the Ciry Council is scheduled for Wednesday, June
5, 2002 for the following zoning case:
Appellant:
File Number:
Purpose:
Location:
Grand Investors 2001
02-099842
Appeal of a decision by the Plaminig Commission to deny the site plan for a
new commercial building and parking lot.
1060 Grand Avenue
I have confirmed this date with the office of Councilmember Coleman. My understanding is that this
pubiic hearing request wili appear on the agenda of the Ciry Council at your eazliest convenience and
that you will publish notice of the heuing in the Saint Paul Legal L,edger.
Please call me at 651-266-9086 if you have any questions.
Sincerely,
�""
Tom Beach
Zoning Section
H:\COMMONVSite Plan\02099842 Grnnd 1O60�tancy a letter.wpd
OFFICE OF LICENSE, INSPECTIONS AND
ENVIItONMENTAL PROTECTION I
RagerC. Curfis, Director ���
LOWRYPROFESSlONALBiIILDING Telephone: 651-266-9090
350 St. Peter Sbeet, Suite 300 Facsimile: 657-266-9724
SaintPaul,Minnesota55102-ISIO Web: www.cistpauZ.mn.vs/liep
• �srRUx •
NOTICE OF PUBLIC AEARING
'flie Saint Paul City Coundl will con-_
duct a public heazin� on Wednesday, Jnne
5, 2002, at 5:30 p.m. in the City Counci(
Chambus, Third� Floor City Hall-
Courthouse, 15 West Kellogg BoUlevard,
Sa7nt Paul, MN, to consider the appeat of
Grand Investors 2001 to a decision of the
Plaiuuing Commission denying the site
pian for a new commercial buitding - and
pazltlng lot a# 1060 Grand Avenue.
Dated: May 15, 2002
NANCYANDERSON �
Assistant CYty Council Secretary _ -
� ' fMay?A) �
_�� 81: PAOL LEGAL�I.�GBR
02098088
OFFiCE OF LICENSE, INSPECITONS AND ��_� 6 8
ENVIItONMENTAL PROTECTION
Roger Cur[is, Director
�
CITY OF SAINT PAUL
Norm Coleman, Mayor
LOi7RYPROFESSIONALBIJlLDING Te[ephone: 657-266-9090
350 St. Peter Street, Suite 300 Facsimi[e: 657-266-9124
SaintPaul Minnesota55102-1510 Web: www.ci.stp¢ul.mnus/liep
May 2�, 2002
Ms. Nancy Anderson
Secretary to the City Council
Room 310 City Hall
Saint Paul, Minnesota 55102
RE: Site plan review for 1060 Grand Avenue
Zoning File 02-123240
Deaz Ms. Anderson:
A public hearing has been scheduled for Wednesday, Ju�e 5, 2002 to consider an appeal by Grand
Investors 2001 LLC of the Planning Commission's decision to deny the site plan for a new commercial
building and pazking lot at 1060 Grand Avenue.
• Site plan
The site plan calls for a new 5,000 square foot building. The proposed tenants are Chipotle and Noodles.
� The building would be built up to the sidewalk on Grand Avenue with 34 parking spaces behind the
building. Access to the parking would be via a driveway on Grand Avenue. No alley access to the
pazking lot is proposed.
Planing Commission denied the site plan
On Apri126, 2002, the Planning Commission denied the site plan (10-8) on the following gounds:
1. The site plan is not consistent with tr�c safety. The amount of traffic that would be genera'ted by
the proposed uses can not be safely handled given the existing levels of traffic and congestion on
Grand Avenue in this area. Also, the site plan would require deliveries to be made from the street.
2. The proposed uses are fast food restaurants and therefore are not permitted by the B-2 zoning of the
property.
The Zoning Committee held a public hearing on April 18, 2002, and recommended denial (6-1). At the
public heazing one person spoke in support and 17 people spoke in opposition and 10 people sent letters
in opposition.
Staff from LIEP and Public Works Traffic Engineering recommended approval.
�
An appeal has been filed
Grand Investors 2001 LLC filed an appeal of the Planning Commission's decision. The appeal states
that the proposed uses do not meet the definition of fast food restaurant and aze permitted uses. The
appeal also states that the Planning Commission erred concerning the impact of traffic on Grand Avenue.
Please notify me if any member of the City Council wishes to have slides of the site presented at the
public hearing.
Sincerely,
.�
Tom Beach
ATTACH11�1IENTS
Appeal by Crrand Investors 2001 LLC . . . . . . . . . . . . . . . . . . . . . . . . . .
Planniug Commission resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Planning Commission minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Zoning Committee minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Letters and petition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Staffreport ...............................................
Photos...................................................
Site plan and floor plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Locationmap .............................................
page 1
page 3
page 4
page 9
page 14
page 77
page 82
page 89
page 92
��
H\COMMONVSite Plan\02099842 Grend 1060kc appeal cover letter.wpd •
•
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APPLICATION FOR APPEAL
� Department of Planning and Economic Development
e Zoning Section
�+-� 1400 Cit}� Ha11 Anner
25 {f'est Fourth Street
Saint Paul, M.�1' S5102
266-6589
APPELLANT
PROPERTY
LOCATION
date
7_. . _
NameSruvtr Z�vestors Z�<
City 'S Inv,r�w ovcP St.I�1/VZip 5 533 ! Daytime
TYPE OF APPEAL: Application is hereby made for an appeal to the:
- Board of Zoning Appeals J� City Council
•
under the provisions of Chapter 64, Section , Paragraph of the Zoning Code, to
appeal a decision made by the ���H✓�' �^-� Lc�v� tM-iSS�U✓1
on 1�Ar� � Z�O ,'I�'Zu?Z File number:
(date of decisio
47lS
GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requirement,
permit, decision or refusal made by an administrative official, or an error in fact, procedure or
finding made by the Board of Zoning Appeals or the Planning Commission.
s�� �.-�-���
�
Attach addifional sheet if
AppficanYs
�
Date S��l OZ City agent�_
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On Apri126`�, 2002, the Saint Paul Planning Commission denied approval of the site plan •
for the redevelopment of the abandoned gas station at 1060 Grand Avenue because the
Commission concluded that the prospecrive tenants are fast food restaurants and the site
plan can not accommodate the traffic generated by the tenants. This is not a legitimate
basis for denial of site plan approval and is contrary to the determinations of the Zoning
Staff. The proposed site plan did not require a variance or Special Condirional Use
Permit and the building and the use of this properry are permitted under the zoning
ordinance.
n
U
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city of saint paul
planning commission resolution
file number 02-34
date April 2b Zoo2
br}-�6a
WHEREAS, Grand Investors 2001 LLC, file 02-099-842, has applied for a Site Plan Review
under the provisions of Section of the Saint Paul Legislative Code, for the purpose of
constructing a new retail building and parking lot at 1060 Grand Avenue, legaily described as
SUMMIT PARK ADDITION TO ST. PAUL IN RAMSEY COUNTY, MINNESOTA, LOTS 4, 5
AND LOT 6, BLK 38; and
WHEREAS, the Zoning Committee on 4/18/02, held a public hearing at which all persons
present were given an opportunity to be heard pursuant to said application in accordance with
the requirements of Section 64.300 of the Saint Paul Legislative Code; and
WHEREAS, Saint Paul Pianning Commission, based on the evidence presented at the public
hearing on 4/18/02 as substantially reflected in the minutes, made the following findings of fact:
1. The site plan is not consistent with vehicular and pedestrian safety. The site plan cannot
safely accommodate the high levels of traffic that will be generated by the proposed
tenants, Chipotle and Noodies, given the existing levels of traffic and congestion on Grand
Avenue. Also, the site plan does not provide adequate room for trucks to make deliveries
on the site and would require deliveries to be made from the street.
The property is zoned B-2 and the proposed tenants, Chipotle and Noodles, are not
perm+tted uses because they are fast food restaurants under the definition of fast food
restaurant (Section 60.218.R) since they have the following characteristics:
- Forty-five (45) percent or more of the floor area is devoted to food preparation,
empioyee work space and customer service area
- A permanent me�u board is provided from which to select and order food
- Customers pay for food before consuming it
- A self-service condiment bar is provided
- Trash receptacles are typically provided by Chipotle and Noodles for seif-service
bussing
- Most main course food items are prepackaged rather than made to order.
NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that under
the authority of the City's Legislative Code, the application of Grand Investors 2001 LLC for
approval of a site plan for a new retail building and parking lot at �� Grand Avenue is hereby
denied.
moved by Field
seconded by
in favor �o
against 8(Gervais, Anfang, Mejia, Alexander,
Dandrea, Johnson, Zimmer Lonetti, and Fotsch)
�
Saint Paul Planning Commission
City Hall Conference Center
15 Kellogg Boulevard West
Minutes of April 26, 2002
A meeting of the Planning Commission of the City of Saint Paul was held Friday, April 26, 2002,
at 830 a.m. in the Conference Center of Cit}• Hall.
Commissioners Mmes. Donnel(y-Co[ien, Faricy, Zimmer Lonetti, MoROn, Shorfridge,
Present: and Trevino;and
Messrs. AleYander, Alton, Anfang, Dandrea, Field, Fotsch, Gervais, Gordon,
Johnson, Kong, Kramer, and Mejia.
Commissioners Mmes. *McCall; and Messrs. *Mardell, and *Rosales.
Absent:
*Excused
Also Present: Larry Soderholm, Planning Administrator; Allan Torstenson, Susan ICimberly,
Jeremy Lenz, Patricia James, Yang Zhang, Allen Lovejoy, Donna Drummond, and
Mary Bruton, Department of Planning and Economic Development staff.
I. Approval of Minutes of April 12, 2002
II.
III.
MOTION: Commissioner Johnson moved approval of the minutes of April26, 2002.
Commissioner Fotsch secor:ded the n:otio�:. The modon carried unanimously on a voice vote.
Chair's Announcements
Chair Morton reported the Plannin� Commission Fifrh Friday Retreat wi11 be Friday, May 31"
It will be held at the Mildred Pierce Boat which is anchored at Harriet Island.
Commissioner Faricy stated the continental breakfast will start at 8:00 a.m. and the program
will start at 8:30 a.m. She stated there will be a buffet lunch at 12:00 noon and the retreat will
adjourn at 1:00 p.m. Commissioner Faricy will inform the commission about the agenda at the
nex[ meeting.
Planning Administrator's Announcements
Mr. Larry Soderholm talked about thz Millard Fillmore Dinner which will be held this year on
Thursday, May 16'", with dinner at 6:30 p.m. and the program at 7:30 p.m. It is the eight
annual community celebration of achievements and upcoming projects on the Saint Paul
Riverfront. As in previous years, thz Planning Commission has reserved a table 10. He passed
around a sign-up sheet for members t��ho want to attend.
�
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da-c��o
Commissioner Field stated District 11 recommends approval with a condition. One party spoke
in support. No one spoke in opposition. The public hearing was dosed The Zoning Committee
� recommended approval on a vote of 8-0.
MOTION: Con:nzissiorier Field moved U:e Zotzing Co»:n:ittee's recan:mendatiot: to approve
Ute Speci�d Condilion Use Penrrit Tke nzotioi: carried trnartimously on a voice vote.
#O1-10�-922 Gerald & Diane Hendricl:son - Nonconforming Use Permit for re-establishment of
a four-plex. 303 Wilder St. IQ, behveen lglehart and Carroll. (Yang Zhang, 651/266-6659)
Commissioner Field stated District 13 recommends approvat. No one spoke in support. No one
spoke in opposition. The pubtic hearing �vas closed. The Zoning Committee recommended
approval on a vote of 8-0.
MOTION: Con�n:issioi:er Fietr! n:oved tlie Zonii:g Con:neittee's approval ojtke
No�tconforntute Use Perneit The n:otian carried rertmrimausly on a voice vote.
#02-099-842 Grand Investors 2001 LLC - Site plan revie�v for a new commercia! building and
parking lot. 1060 Grand Ave., behveen Oxford and Lexington. (Tom Beach, 651/266-9086)
Commissioner Field stated District 16 recommends denial. One party spoke in support. Ten
parties spoke in opposition. The public hearing was closed. The Zoning Committee
recommends dznial on a vote of 6-1 (Anfang).
� N10TION: Commissior:er Field rnoved tl:e Zoniitg Comn:ittee's motion to deny.
Commissioner Field stated there was a letter before the commission from Mr. Peter Beck,
attorney for the applicants. Mr. Allan Torstenson stated that Mr. Beck's main points were that
they feel that the site plan meecs the code requizements for site pian approval for a restaurant,
leaving out the issue of a fast food restaurant and the traffic generated by [hese particular uses.
Mr. Torstenson thought Mr. Beck was making the point that the commission should look at the
issue of the site plan independently from the issue of whether these particular restaurants are fast
food or not. His main point was that there are two separate issues and they should be addressed
that way. Mr. Torstenson had talked with Mr. Warner and stated Mr. Warner agrees with the
fact that they should be separate issues.
Commissioner Fieid stated that in the stafF report it clearly said there will be a menu board, one
of the findings which is now bein� refuted in Mr. Beck's letter. The staff report clearly stated
that there �vould be a menu board, and he did not hear at any time durin� the Zoning Committee
meeting that anyone said that the staff report was wrong and that there wasn't going to be a
menu board, so someplace someone is changing their position.
Mr. Tom Beach, LIEP, stated �chen the case went to the Zoning Committee the applicants felt
they met the definition of restaurant with a permanent menu board and when they found ouf that
the Zoning Commitree though[ they were a fast food res[aurant they said they would try to
changa things and operatc �� ithaut a p�rmmicnt menu board. It is a chan�e from their original
proposal that went to the Zonine Committee.
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`_J�'
Commissioner Anfang stated he was the lone vote in opposition to the rest of the Zoning
Committee. He agrees with Mr. Beck's letter that the site plan meets city requirements for a
site plan for a restaurant. He stated we should approve the site plan and deal with what kind of �
restaurants they are as a separate issue.
Commissioner Gordon s[ated they are separate issues. The traffic issue is separate from whether
or not it is a fast food restaurant, and he thinks they dealt with them as separate issues. He
stated the motion that came out of the Zoning Committee meeting includes two separate and
independent grounds for deniat, the first deafing with [he tra�c issue based on adding 800-1,000
cars on a daily basis to that part of Grand Avenue. That traffic could be turning left or right
into or out of the parking lot onto a part of Grand Avenue which is near capacity already, and to
add tha[ many more cars would create an intolerable and unsafe condition. That is one ground
for denying the application. The othzr issue is the fast food issue. Chipotle and Noodles have
more than four of the characteristics the Zoning Code uses to define fast-food restaurant, which
is another reason for denying the application.
Commissioner Dandrea asked for izgal clarification of the Peter Beck (Gray, Plant, Moory)
letter on page three, second paragraph, regarding the process for determining whether or not
these are fast-food rzstaurants, and on page five, second paragraph, that speaks to the,technical
aspects of our revie�c of traffic versus site plan compliance.
Mr. Warner, Assistant City•Attorne}� addressed the second point first. He advised that Chapter
62, where it talks about things that the city looks at as part of site plan review, that traffic and
the impac[ of traffic on the surrounding area is appropriate inquiry for site plan review.
Regarding the first point, he advised that site plan review should be a straight forward process �
assuming the use is permitted. In this particular case, Mr. �Varner advised that the application
for site plan review was made and that the zonin� administrator had made a determination that
the proposed tenants in the buildins fit the definition of restaurants. He said that it might have
been better had the zoning administrator made this particular determination and then put that out
on the table for anyone to appeal. Dir. Warner then advised that since Chapter 62 talked about
reviewing site plan applications for compliance tvith all the zonin� ordinances and that the
zoning administrator had madz a determination that the proposed uses £t within the definition of
a restaurant, it was appropriate for the Planning Commission to consider testimony on that
particular issue as part of it's revie�v of the site plan.
Commissioner Kramer stated that ���hen the Planning Commission received the request for site
plan review, he raised this issue and the response from staff was that site plan review kicked in a
provision of the code where it said ���e would have to make £ndings that it met applicable
ordinances of the City of Saint Paul. So we have two possible paths: the zoning administrator's
decision could be appealed, which did not happen; or the site plan can be reviewed by the
Planning Commission, and the Planning Commission can determine whether or not the use
meets applicable ordinances.
Mr. �Varner stated that Commissionzr Kramer's interpretation was valid: it was a two part issue,
a site plan review and the use of thz site. It was legitimate to look at the site plan and to look at
the de[ermina[ion o; die use, as the Zonin; Committee did at thc public hearin�.
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03--�6a
Commissioner Alton questioned Mr. Warner about whether the Planning Commission should
� consider the additional facts presented in Mr. Beck's letter that were not presented to the Zoning
Committee. Commissioner Alton also asked about the definition of a fast-food restaurant and
whether it is necessary to find that a restaurant meets four or more of the listed characteristics to
be deemed a fast-food restaurant. Commissioner Alron read from the general definition of a
fast-food restaurant and stated that Chipotle and Noodles seem to fit the definition.
Commissioner Alton also said that the Zoning Code lists eight characteristics of fast-food
restaurants, and that it says any restaurant with four or more of the characteristics shall be
deemed a fasFfood restaurant for zoning purposes. The code does not sav, however, that a
restaurant with less than four of the characteristics is not a fast-food restaurant.
Mr. Warnzr stated tliat with respect to the new information that has been provided to the entire
Planning Commission that raises new Facts and goes to substantive issues, that the appropriate
way to consider such new information would be ro refer the matter back to the zoning committee
and have a public hearing to allow people to offer testimony on those substantive issues.
Mr. Warner stated that he did not think that it would be appropriate in this case with the
procedures that have been se[ up for the Planning Commission to take substantive issues and
new testimony and not allow anyone to have the opportuniry to testify either for or against the
new information.
Commissioner Anfana stated he doesn't think 1,000 ne�v cars a day would be added to Grand
Avenue and even if it did, staff has indicated that Grand Avenue has the capacity to carry those
cars. Regarding the deFinition of fast-food xestaurant, he stated businesses change their practices
to meet the market and should be allowed ro do so. Main course food items at Chipofle are not
• prepared off-site, as some have suggested. Commissioner Anfang visited Chipotle and stated the
meat is cooked and prepared bzhind the counter and moved up to a tray where it is put in a
shell. Commissioner Anfang also stated this is a permissible use if they remove the menu board,
which is perfectly acceptable. Now you are down to three of the characteristics and this
becomes a permissible use.
Commissioner Go:don stated the traffic alone is enou?h to deny the application. There are four
solid characteristics that qualify this as a fast food restauran[ and therefore he will support the
Zoning Committee recommendation.
Mr. Warner advised that a site plan review is different from a special condition use permit
review. He advised that a site plan review looks at a permitted use, in this particular case a
restaurant. He further advised that a restaurant is a permitted use in a B-2 district and that if the
proposed restaurant meets the standards for a site plan thzn you have to have solid evidence on
which to deny the particular sice plan. Mr. Warner statzd that with respect to the issue of use,
the Zoning Committee had disa�reed with the staff's interpretation of the proposed use. Mr.
Warner stated that the Planning Commission had options to deal �vith the matter. The Planning
Commission could approve a building for use as a restaurant in a B-2 district. The Planning
Commission could give a modified approval of the site plan but not approve the proposed uses
because the Planning Commission disagreed with the staff interpretation (they are fast food
restaurants). Another option would approve the staff report on the site plan along Gvith the
s�aff's deteaiuination that the �roposed uses �vere not fast food restaurnnts. A 5nal option would
follow Commissioner Gordon's point just raised to say that the proposed uses are "fast food
�
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restaurants" and even if they were deemed to be "restaurants" that the traffic is too severe for
that par[icular location. Mr. Warner added that the traffic counts presented to the Zoning
Committee, however, were based on proposed Chipotle and Noodles restaurants. �
Commissioner Fotsch questianed the impact on the communiry wi[h the traffic issue stating this
was a fast gas type of faciliry before and he questioned if there was any evidence produced with
regard to how much traffic that fast gas station produced when it was in business.
Chair Morton stated they did not have that information.
Commissioner Lonetti questioned whether there was a parking variance being requested.
Mr. Beach stated they meet the parking requirement for restaurants.
Commissioner Alton stated that at the Zoning Committee meeting there was ample testunony
that the proposed restaurants would create traffic problems. Give� the amount of traffic
generated by these restaurants, hundreds of cars would be attempting to turn into a parking lot
that only accommodates 34 cars. Commissioner Alton stated there should be an addition to the
resolution that the proposed restauran[s have the characteris[ic of a standardized floor pIan, as
they all have similar elements, seatme arrangements, etc.
Commissioner Kramer questioned Mr. Beach if the requirement for parkin; is the same for a
restaurant versus a fast food restaurant. Mr. Beach answered fast-food restaurants need one off
street parking place for ever}' 110 square feet and restaurants need one off street parking place
for every 125 square fezt, so they probably would need another five parking spaces if they were .
determined to be fast-food testaurants.
Commissioner Faricy stated there is only one enTrance to the parkin� lot, i[ is within a half a
block of a congested intersection and they are directly across the street from the drive-in bank,
so at certain times and certain days the traffic is going to be incredible and will block the street.
Commissioner Jolmson called the question on the motion before the commission. The debate
was ended unanimously on a voice vote.
ROLL CALL VOTE: Molioa passed to den} site plari o�: a vote of IO-8 (Gervais, Anfang, Mejia,
Alexander, Dmtdrea, Johnsa�:, Zimmer Lonetti, ar:d Fotsch).
Commissioner Field announced the agenda for the Zoning Committee meetin� on May 2, 2002.
OLD BUSINESS
�02-103-654 Hoc & blinh NQaven - Specia! Condition Use for outdoor used car sales. 380 W.
Maryland, S�V c.orner of Maryfand & Westem. (Patricia James, 651/266-6639)
#02-100-192 Summit Hill Assn/Dist 16 - Appeal of Summit Hill Assn/Dist 16 of a zoning
administrator interpretation ofthe Grand Avenue Special District Sien Plaii to permit a reader
board sign. 925 Grand Ave., N�V corner at �titton. (Yane Zhang, 6> 1/266-6659)
�
L_
�
MINUTES OF THE ZONING COMMITfEE
Thursday, Apri118, 2002 - 3:30 p.m.
City Council Chambers, 3rd Floor
� City Hall artd Gourt House
15 West Kellogg Boulevard
�
� I
PRESENT:
EXCUSED:
STAFF:
Anfang, Alton, Faricy, Field, Gordon, Kramer, Mejia, and Morton
Tom Beach, Carol Martineau, Allan Torstenson Peter Warner
The meeting was chaired by Commissioner Field.
F�e--66c�
Grand Investors 2001 LLC - 02-099-842 - Site plan review for a new commercial building and
parking lot at 1060 Grand Avenue, between Oxford and Lexington
Tom Beach presented the staff report with a recommendation for approval of the site plan.
Mr. Beach stated several letters in opposition were received. The Summit Hill Association sent
a letter in opposition stating their concerns about additional traffic being generated and parking,
odors and trash. They also raised questions about whether Noodies and Chipotle were fast-
food restaurants. Mr. Beach said staff recommends that Chipotle and Noodles be deemed to
be restaurants rather than fast-food restaurants subject to the condition they operate so they
meet the definition of restaurants, and that this condition be attached to their restaurant
licences.
At the question of Commissioner Field, Mr. Beach stated they compared four Chipotle's floor
plans and each one is different.
At the question of Commissioner Faricy, Mr. Beach stated all of the Chipotle's restaurants have
self-service bussing.
At the question of Commissioner Gordon, Mr. Beach stated Public Works did not submit a
written analysis of the of the traffic impact.
Upon further question of Commissioner Gordon, Mr. Beach stated customer service area is not
defined in the zoning code, and he listed the areas staff considered to be customer service
areas.
In response to Commissioner Field's question, Mr. Beach stated a condition can be added to
state that no trash receptacles shall be provided for self-service bussing.
Mr. Peter Beck, representative of the applicant, appeared and touched on two issues: 1) Does
the site plan meet the City standards for approval of a site plan? 2) Do the operatio�s of the
proposed tenants compiy with the City ordinances for a restaurant? They will be modifying the
operations somewhat to comply with City ordinances. They have been working with City staff to
make sure they are in accordance with the ordinances, and if they don't comply their license
can be revoked.
Mr. Brad McNaughi, the applicant, appeared and gave a history of the project and how they
worked with the City staff and the neighborhood. He also presented the site ptan.
At the question of Commissioner Gordon, Mr. McNaught stated they expect 600 to 800
customers daily with 25 percent being pedestrians. They anticipate approximateiy 500 cars per
�
Zoning File # 02-099-842
Aprii 18, 2002
Page 2
day. He also went on to explain that Noodles and Company serves the food by wait staff at the �
table and Chipotie serves at the counter with made-to-order food. He also gave a description of
the tables and chairs and how the seating would be set up. At Chipotle, tables made of wood
and metal are fixed to the floor, but chairs are not fixed.
Mr. Bill Hagland, Public Works Traftic Engineer, appeared and stated that Public Works had
not prepared a written traffic report. The trip generation table indicated that approximately
1,000 cars would be generated daily with the peak period being in the neighborhood of 112
maximum cars per hour.
Mr. McNaught stated Grand Avenue has the capacity to accommodate the extra traffic. He also
stated additional cars will be at a minium because the vast majority of customers will be in the
Grand Avenue area already for shopping or working.
In response to concerns of Commissioner Faricy, Mr. McNaught said that Public Works told him
that the traffic signals at Grand and Lexington can be adjusted if necessary to accommodate
additional traffic.
Ms. Sandra Westerman, St. Paul Chamber of Commerce of St. Paul, stated she supported the
project. The Chamber believes that this project will add to the vita�ity of the community and it
will bing in additional tax doilars and revenue for the City.
Mr. Charley Hardy, 1055 Lincoln Avenue, passed out materials and stated they visited 14 .
Cfiipotle restaurants and they are all designed as fast food restaurants. Cfiipotles have at least
1200 customers a day and all 14 stores are considered fast food restaurants. He aiso had
concerns about the traffic the restaurants would generate.
Ms. Andrea Houser, 1055 Lincoln Avenue, said that in all the Chipotle and Noodies restaurants
they visited they observed that more than 45 percent of the floor area is devoted to food
preparation, employee work space, and customer service. She also presented the proposed
floor plan for the Grand Avenue Chipotle and determined that the seating area, food
preparation area, employee work space, and customer service area that was listed in the staff
report is in error because it excluded the holding pen where customers wait just inside the door
to place orders, the line in which people order and pay for their food, the que area where
customers pick up orders faxed to the restaurant in advance, the self service condiment bar
and self service beverage bar. These areas are essential for fast delivery of food with minima!
customer service and should be included in the calculations for the customer service area. The
Noodies have approximately 2/3 of the floor area devoted to food preparation, employee work
space, and customer service, which is more than 45% in the characteristic describing fast-food
restaurants in the zoning code. They have standardized floor plans and standardized decor,
with some differences based on location. They all have large trash receptacles for customer
bussing. If they don't have trash receptacies there is a concern of where all the paper will go
with the food wrapped in paper. At ali the Iocations they visited, Chipotle had hard-finished,
stationary tables, with tables boited to the fioor. Little dots on the floor plan for the Grand
Avenue Chipotle indicate boited-down tables. She also noted the nearby Lexington Restaurant
serves 150-400 customers/per /day, much less than each of the fast-food restaurants proposed
for this site. �
At the question of Commissioner Gordon, Ms. Houser stated that in the floor plans about 1/3 of
the fioor space is for customer seating and 2/3 wouid be food preparation, empioyee work
space, and customer service. Just by adding the customer cue space to the area calculated by
(a
D3-66d
Zoning File # 02-099-842
April 18, 2002
� Page 3
city staff to be customer service area, both restaurants would go over the 45 percent of floor
area devoted to food preparation, employee work space and customer service area in the
zoning code characterisiic of fast-food restaurants.
At the question of Commission Anfang, Ms. Houser made a comparison to other restaurants in
the area. The other restaurants use dishes and do not generate the same amount of garbage,
the menu is posted on the board but it changes every day, the food is made on site, and the
staff delivers your beverages. At Chipotle the food is delivered prepreped, and the meat is
precooked and heated to individual orders. The drinks are self-service and you aiso get your
own condiments.
Mr. Pat Flahaven, 1073 Lincoln Ave., made a presentation regarding the current traffic on
Grand Avenue and that adding the traffic from two fast-food restaurants to the mix that is
already there is unthinkable. He noted there is a high rate of accidents at the Grand-Lexington
intersection. Motorists generally have to wait for three green lights on Lincoln to access
Lexington. At a meeting approximately two years ago the traffic department said that nothing
couid be done to aileviate the traffic jams and the lights have already been timed. He said there
is inadequate parking on Grand Avenue now, and if Chipotle and Noodles are added the
parking would be a nightmare. Thirty-four parking spaces would not be enough. Delivery
trucks would not have any place to park, which wouid cause them to double park on Grand to
make their deliveries. The parking lot would have to have approval from the MPCA because of
� contaminated soil.
Ms. Amy Levine, 1068 Lexington Ave, appeared and stated the petitions in the packet
confirmed that nearby residents and business owners share concerns regarding Chipotle and
Noodies.
Ms. Shannon O'Toole, President of the District 16 Council, presented a letter of opposition from
a neighbor. She also explained that District 16 recommends denial of the site plan based on
the severe increase of traffic it would generate, which would make it dangerous for pedestrians
and cars. The majority of people generally don't sit down and eat at Chipotle; they generally
take their food and leave. She aiso noted the East Grand Avenue Plan state some uses
allowed under B-3 Zoning would not be appropriate or desirable on Grand Avenue, the primary
concern being fast food restaurants.
Mr. Jim Hartnett, 1052 Lincoln, said eighteen of the 34 parking spaces in the proposed parking
lot are suitable for compact cars only. Sixty percent of their customers wili not own compact
cars. The committee should avoid setting a dangerous precedent which says the applicant can
fill out a form which determines whether a business is a fast food restaurant.
At the question of Commissioner Field, Mr. Beach stated the most recent plan for the parking
lot is in compiiance with the City Code.
Mr. John McKeen, 62 South Dale Street, stated 50 to 70 percent of the restaurant's floor area
can be attributed to customer service. He also stated the driveway to the parking lot is too
� narrow and will not allow enough room for delivery trucks. 1000 cars per day will have to go
over the sidewalk and curb in order to see traffic.
Mr. Daniel Dobson, 801 Goodrich Avenue, appeared and stated the site plan was inadequate
because the fence didn't have a sufficient setback for plants and buffering. If the fence is
ll
Zoning File # 02-099-842
April 18, 2002
Page 4
legaliy setback it will cut down on the parking spaces. If there is an efimination of trasfi �
receptacles the trash will be thrown up and down Grand Avenue. The proposed businesses are
not compatible with Grand Avenue and should not be approved.
Ms Parthenia McCandless, 1076 Lincoln Avenue, stated that all chairs at Chipotles are hard-
finished wood on metal, and tables are stationary, bolted to the floor.
Ms. Mary Mclntyre, 1058 Summit Avenue, appeared and pointed out that the bulk of cars would
be coming at noon and evening rush hour when traffic is already the worst. She is atso
concerned about additional trash without the receptacles.
Mr. Peter Beck stated the restaurants are a permitted use and the proposed site plan meets
city site plan requirements. They will do any soil cleanup as needed. The proposed
restraurants will be operated differently from other Noodles and ChipoUe restaurants. The
leases and the City ordinances will require that. According to the staff report the proposed floor
plans devote less than 45 percent of the floor area to food preparation, employee work area
and customer work area. Under a worst case scenario, Grand Avenue has the capacity to
handle the traffic.
At the question of Commissioner Faricy, Mr. Beck stated the deliveries would take place at
night off of Grand Avenue, which was a requirement for Grand Place, is a preference of the
neighborhood, and, how most Grand Avenue businesses conduct their deliveries.
In response to a question from Commissioner Faricy, Mr. Beach said there is no requirement �
for the fence to be set back from the rear lot line.
The public hearing was ciosed.
Commissioner Gordon asked if it is reasonable to inciude customer que space as part of
customer service area. He also asked it is reasonable to conclude that a restaurant's principal
method of providing for trash is with trash receptacles for self-service busing if they are
provided aY all of their other facilities and just not at this one in an attempt to avoid being
deemed a fast-food restaurant based on stated characteristics in the zoning code.
Mr. Peter Warner said the Planning Commission can make reasonable judgement calls, and
can reasonably look at other operations in exercising their judgement.
Commissioner Kramer asked about the zoning for the Highland Crossing Chipotle.
Mr. Beach stated that in a B-2 District fast-food restaurants are permitted if they are in a retail
center larger than 20,000 sq. feet, which is the case at Highland Crossing.
Commissioner Kramer asked about the proper way to make a finding about the type of
restaurant, and whether they are considering one issue or two separate issues.
Mr, Torstenson noted that Chapter 62 of the Zoning Code requires that, in order to approve the
site plan the Planning Gommission shall consider and find that the site plan is consistent with ail �
applicable ordinances. Looking at the type of restaurant can be part of that consideration.
Mr. Warner stated the issue of what type of restaurants these are could also have come to the
Planning Commission as another type of zoning case. In this case there is an application for
�Z
aa -� � �
Zoning File # 02-099-842
Aprii 18, 2002
� Page 5
site pian review. In reviewing the site plant the zoning administrator has determined that the
proposed restaurants fit within the definition of restaurant, and it is reasonable to consider
testimony on that particular issue as part of our review of the site plan and consideration of
whether the site pian is consistent with ail applicable ordinances.
Adopted Yeas -6
Drafted by:
.
�
Commissioner Gordon moved to deny the site pian on two grounds: 1) The required finding (I.g)
with respect to traffic cannot be made and; 2) The proposed restaurants have 4 or more of the
characteristics listed in the zoning code (2 a, b, d, e, f and h) for fast-food restaurants.
Commissioner Faricy seconded the motion.
After further discussion the motion passed by a vote of 6-1 with Commissioner Anfang voting in
opposition.
Nays - 1 (Anfang)
Submitted by:
�� _( ��r �.ssz.�-�.��
Carol Martineau Tom Beach
Recording Secretary Zoning Section
�..: --.
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l3
Page 1 of 2
Tom Beach -1060 Grand Ave
From: Jim Roby �
To: <tom.beach@ci.stpaul.mn.us>
Date: 5/22/02 3:14 PM
Subject: 1060 Grand Ave
Dear Mr. Beach,
The foilowing is a copy of the e-mail I sent to the
St. Paul City Council members.
Thank you.
May 3, 2002
To: The members of the St. Paul City Council
From: James Roby, concerned resident.
Re: Development of Grand Avenue.
Dear Council Member,
As you debate the proposal to ailow the
estabiishment of fast food restaurants in the space on
Grand Avenue fortnerly occupied by Clark's gas station,
near Lexington, I ask thaf you woufd p(ease consider
us, the neighbors of Grand Avenue.
I've lived at 1065 Lincoln for over 30 years.
This is directly behind the proposed driveway of the
restaurants. Even now Gra�d Ave., the alley and
Lincoln Ave. are full of cars ali day, 7 days a week.
IYs very dangerous already. The ailey can't possibly
handle an extra 1000 cars per day, as is estimated.
To let you know what iYs like let me recount a
few mishaps and near misses I've had over the years.
 When I was 8 years old I was run into by a
police car af Clark's.
 People used to drag race in the small parking
lot behind Clark's. The aliey continues to be used as
a thoroughfare.
8�#&1623; Just recently I was almost broad-sided as I
was entering the alley from my parking place next to
my garage. I had to quickly shift into reverse and
gun it in order to avoid the crash. I almost ended up
in my backyard.
I could add many more stories, and my neighbors could
too, but I think you get the idea.
This part of Grand Avenue is not zoned for fast
food-and thaf's what the proposed restaurants are,
regardless of whatever loopholes the developers try to
jump through. It is aiready a busy and hazardous
place. The type of development proposed would make it
•
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Page 2 of 2
worse.
Once again I ask you to seriously consider these
� concems as you make your decision.
With sincere thanks,
James C. Roby
1065 Lincoln Ave.
St. Paul MN 55105
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file://C:\WINDOWS\TEMP\GW}OOOOS.HTM /,� 5/23/02
�ncxr �ncn, �gan
CHAMBER OF COMMERCE
40t North Rober[ Street
Suite 150
Saint Paul, Mlnnesata 55101
Phone 651.223.5�0
Fax:65t.z23.5119
Suburban Seraices Center
3262 Rice Street
little Canada, Minnesota 55126
Phone: 651.256.4770
Fax:651.256.477t
YOUR
BUSINESS
Apri124, 2002
Dear Plam�ing Commission Members:
�
The Saint Paul Area Chamber of Commerce, representing over 2100 member
businesses in the East Metro azea, urges you to support the Grand Investors
Noodles/Chipotle development project. We stand strongly behind economic
development projects in Saint Paul fhat bring much needed ta�c revenue into our
city allowing the area to continue to prosper and grow.
The applicants have taken the appropriate steps to accommodate the standards
required for B-2 zoned property. According to 60.218.R of the zoning code, a
restaurant is considered fast food if it meats four or more of the eight
characteristics listed. As stated in the staffreport, the Noodles/Chipofle project
contains only three of the chazacteristics listed in this secrion of code: a
permanent menu boazd; customers pay for food before consuming it; and a self-
service cond'unent bar is provided. The remaining chazacteristics either were not
met, or accommodations were made to ensure they were complying with the
requirements for B-2 zoning. Applicants have made a concerted effort to safisfy
the zoning requirements by altering their business plan by agreeing not to have
trash receptacles for self-service bussing or to have stationary, hazd-finished
seating arrangements.
We feel that the Noodles/Chipotle restaurants aze no different than many of th�
restaurants currenfly doing business on Crrand Avenue such as 7immy 7ohns,
Bruegger's Bagels, Cafe Latte, and D'Amico & Son's, to name a few. Grand
Avenue has historically been a prosperous locale, and as such, has been a magnet
for both residential and commercial properties.
We encourage you to move forward with the Noodles/Chipotle project and
continue to encourage people to invest and develop in our community.
Larry Do
President
� �v
�
ADVOCATE w w w. s a i n t p a u 1 c h a m b e r. c o m
CJ
G R A Y
P; AIQT
3400 C�rr CENTER
33 Sourti Sixr�i SrHeer
Mirvrvenrous, MN 5 5402-3796
612 3i3-2800
F�x:612 333-0066
www.gPmlaw.com
Peter K. Beck
612 343-5374
peteabeck@gpmlaw.com
Planning Commission
City of St. Paul
15 West Kellogg Boulevard
St. Paul, MN 55102
Apri124, 2002
Re: Site Plan Review 1060 Grand Avenue
L�
C�
Dear Planning Commission Members:
�a--b
This letter is written on behalf of Brad McNaught, Ned Rukavina and Mazk
Vannelli, the principals of Grand Investors 2000 LLC, and the applicants ("Applicants")
for the above described site plan review. The purpose of this letter is to request that the
Planning Commission approve the site plan for the proposed redevelopment of this
abandoned gas station.
The Zoning Committee recommended denial of this site plan, not because the site
plan fails to comply with the City's ordinances and performance standards (it clearly does
comply), but because the Committee concluded that the prospective tenants for the
proposed building aze fast food restaurants. This is not a legitimaYe basis for denial of
site plan approval and is contrary to the determinations of zoning staff and the application
materials before the Zoning Committee.
Backaround
The Applicants entered into a purchase agreement for this property in December
2001. Shortly thereafter, they entered into negotiations with prospective tenants,
including Noodles & Company and Chipotle (the "Prospective Tenants"). In January
2002, Applicants contacted City staff to determine whether the proposed building and
Prospective Tenants would comply with City code. The site plan review standards were
provided to Applicants, and they were advised to have the Prospective Tenants submit
restaurant applications so that a determination could be made whether the proposed
restaurants fall within the City's definition of "restaurant", or would be considered "fast
food restaurants". The proposed building was subsequently designed to comply with ali
GRAT� PLAHT� MOOTY. MOOTY Pt BENNETT� P.A. ATTORNEYS AT LAW �
7
Planning Commission
Apri124, 2002
Page 2
City requirements, the restaurant applications were submitted, and the Applicants
proceeded through the neighborhood and city planning processes with Noodles &
Company and Chipotle identifed as the Prospective Tenants for the project.
The Applicants began the public input process by presenting the project to the
Summit Hill Association Executive Committee on January 2, 2002, and holding a
meeting with neighboring residents along Lincoln Avenue on January 14, 2002.
Applicants also appeared before the Summit Hill Association Zoning and Land Use
Committee on January 22, 2002, to present the project; and again on March 26, 2002, to
present the project as revised following the February 27, 2002 site plan review meeting
with City staff.
�
During the February 27, 2002, formal site plan review of the proj ect comments
were received from the applicable City depaztments, and Applicants committed to
complying with all suggestions and requirements of City staff for site plan approval. The
Public Works Department was represented at the site plan review meeting and some plan
revisions were made in response to the Traffic Engineer's comments, including adding a
sidewaik along the east side of the building to improve sight lines for traffic exiting the
pazking lot onto Grand Avenue. During this meeting the Traffic Engineer confirmed that .
Grand Avenue has sufficient capacity to handle the traffic from any use at this location,
including the two proposed restaurants, and that there would be no need to do a traffic
analysis or study.
As the Planning Commission lmows, this staff ineeting typically concludes the
site plan review process. However, in this case the City received a request for a pubic
hearing on the proposed site plan. Scheduling the site plan for public hearing caused a
delay in the project approvals, which meant that the closing date pursuant to Applicants'
purchase agreement for the property would occur before the site p1an was approved.
Because there were no issues with the site plan that could not be addressed, and because
the City had determined that the Prospecrive Tenants meet the City's criteria as a
restaurant, and not a fast food restaurant, and because this determination had not been
appealed, Applicants closed on the purchase of the property on Apri15, 2002. Applicants
now own this proper[y. They have made this investment based on the compliaztce of Yhe
project with all City requirements.
Restautant Determination
The Zoning Committee recommended denial of this site plan review because they
concluded that the Prospective Tenants for the building are fast food restaurants. This
recommendaiion was made notwithstanding the fact that the City's Zoning Administrator
has found that these restaurants do not meet the ordinance definition of fast food, and that �
no appeal of this determination has been made.
��
oa--���
� Planning Commission
Apri124, 2002
Page 3
In response to direcrion from City staff, the Prospective Tenants submitted
applications for restaurant licenses so that a formal determination could be made whether
the restaurants would be considered "restaurants" or "fast food restaurants" under Section
60.218 of the City Zoning Ordinance. In response to these applications, the Zoning
Administrator determined that the restaurants aze not fast food restaurants as defined in
the City Code. This determination is reported in the planning staff's March 7, 2002,
report to the Planning Commission on the request for a public hearing on the site plan.
This report specifically states that ". .. staff has determined that Chipotle and Noodles as
proposed for this location meet the definition of a food restaurant and are permitted
uses."
Pursuant to the City's zoning ordinance, tYus determination is final unless
appealed to the Board of Zoning Appeals within 30 days pursuant to Section 64.204 of
the Zoning Ordinance. To our lrnowledge, no such appeal has been filed, the time to
appeal has expired, and therefore this determination is final and is not before the Planning
Commission at this time.
• Furthermore, the Prospective Tenants do not, in fact, fall within the City's
definition of "fast food restauranP'. Pursuant to Section 60.218 of the City Zoning
Ordinance, restaurants are not fast food restaurants unless they have four or more of the
eight characteristics of a fast food restaurant set forth in the Ordinance. The Zoning
Committee found that the proposed restaurants have six of the characteristics of a fast
food restaurant. We will address each separately.
(1) Forty-five percent or more of the floor area is devoted to food prepazarion,
employee workspace and customer service area.
The Zoning Committee rejected staff's interpretation of this requirement, which
has apparently been applied in all prior instances where the question has arisen, in favor
of a very restrictive standard which would require that the seating azea alone be 55% or
more of the floor azea of a restaurant building. We believe this interpretation is
manifestly unreasonable, and that virtually every restaurant in the City wouid fail to
comply with such an interpretation. We believe that under any reasonable interpretation
these restaurants do not have this chazacteristic of a fast food restaurant.
(2) A permanent menu boazd is provided.
Both restaurants typically have a permanent menu board, and the floor plans
before the Zoning Committee did show such a board. However, as confirmed 'an letters
� which Chipotle and Noodles will deliver separately to the Commission, both restaurants
have made the business decision to operate at this location without a permanent menu
board. Therefore, they will not have this characteristic of a fast food restaurant.
��
Fe. V
Planning Commission
Apri124, 2002
Page 4
(4) Customers pay for food before consuming it.
Customers at both Chipotle and Noodles will pay for food before consuming it, as
they do at many of the restaurants along Grand Avenue.
(5) Self-service condiment bars aze provided.
Both restaurants will have self-service soda machines, wtuch could be considered
a self-service condiment bar.
�
(6) Trash receptacles aze provided for self-service bussing.
Chipotle typically does have self-service bussing; Noodles does not. Chipotle has
made the business decision to provide bus staff at this location, as confirnied in the letter
which the commission will receive directly from Chipotle. There will be no trash
receptacles for self-service bussing in the seating areas of either restaurant.
Notwithstanding this fact, the Zoning Committee found that Chipotle will have trash
receptacles because other Chipotle restaurants have trash receptacles in seating areas. •
The issue before the Planning Commission is not how other restaurants are
operated. The issue is how these restaurants will be built and operated. The Planning
Commission cannot assume non-compliance and use that as a basis for denial of site plan
review. The restaurants will not have trash receptacles, and therefore will not have this
characteristic of a fast food restaurant.
(8) Most main course food items are pre-packaged rather than made to order.
The main course food items at both of these restaurants will be cooked on site and
made to order for each customer when an order is received. The main course food items
aze not cooked before delivery to the restaurant and aze not prepackaged prior to an order
being received. Therefore, the restaurants will not have this chazacterisric of a fast food
restaurant.
A restaurant is not a fast food restaurant under the St. Paul zoning ordinance
unless it has four or more of the eight characteristics set forth in the ordinance. The only
chazacteristics of a fast food restaurant these restaurants will have is that customers will
pay before consuming food and will help themselves to some of the drinks. T'he
restaurants do not have any of the remaining six chazacteristics under any reasonable
interpretation of the ordinance. If the Planning Commission chooses to interpret
chazacteristic (1) such that these restaurants do not comply, the restaurants proposed for �
this property will still not be fast food restaurants, as they will meet no more than three of
the eight characteristics listed in the definition.
� `
og;6��
e Planning Commission
Apri124, 2002
Page 5
Many of the restaurants along C�rand Avenue operate in substantially the same
manner as the Noodles and Chipotle restaurants will. That is, customers order from a
counter, pay in advance of receiving food, and receive at least some of their food in
wrappets of some sort. Pvlost of these restaurants also have permanent menu boazds and
trash cans. The Noodles and Chipotle restaurants will be two of very few establishments
along the Avenue which will comply with the ordinance.
The Applicants and their Prospective Tenants have modified their typical
restaurant operations to comply with the City of St Paul's requirements. There is nothing
wrong with that. The Zoning Code sets forth specific criteria for determining whether a
business is a"restaurant" or "fast food restauranY'. If the restaurant does not have four or
more of the characteristics identified for fast food restaurants, it is a restaurant and a
permitted use. Tn this case, under any inteipretation of the chazacteristics, the restaurants
proposed for this building do not have four or more of the criteria of a fast food
restaurant. Therefore, they are restaurants and are permitted at this location.
Traffic
� There was testimony at the Zoning Committee regarding the perceived traffic
generated by the existing Noodles and Chipotle restaurants in Highiand Park. However,
the restaurants proposed for Grand Avenue aze significantly smaller than the restaurants
in Higl�land Park and will generate significantly less traffic. The restaurants on Grand
Avenue will be patronized almost exclusively by people who live, work or are aiready
shopping in the Grand Avenue area. A large percentage of the customers will walk to the
restaurants, and most of those that drive will akeady be on the Avenue and in the azea for
other purposes. These restaurants will create very few new trips on Grand Avenue, and
the City Engineer has determined that Grand Avenue can support any level of traffic
generated from this property.
More importantly, the proposed building and use of this property aze permitted
under the zoning ordinance. The traffic generated by a pernutted use is not a basis for
denial of site plan review. On-site circulation and access aze legitimate issues for site
pian review. In response to concems of this nature, Applicants eliminated any access to
the alley, widened the access off of Grand Avenue, and added a sidewalk along the east
side of the building to improve sight lines. These are legitimate comments and
conditions, and the Applicants have complied with all recommendations. Denying site
plan approval for a permitted use due to traffic generation is not permissible.
� Conclusion
The City has set specific standards in its zoning ordinance for determining what
restaurant operations will be considered fast food. The Prospective Tenants for the
building proposed on this property do not fall within that definition of fast food, and
Z�
Planning Commission
April 24, 2002
Page 6
therefore cannot be labeled fasY food. Furthermore, this decision was made months ago,
has not been appealed, and is final.
The matter before the Planning Commission is site plan review of the proposed
redevelopment of an abandoned gas station into a 5,000 square foot commercial building.
As the staffhas found, the building meets all requirements of the City code. Traffic
generated by a proposed pemutted use is not a lawful basis for denying site plan review.
Therefore, the Applicants respectfully request that the Plamiing Commission
approve the site plan for this property.
Very truly yours,
GRAY, PLANT, MOOTY,
MOOTY & BENNETT, P.A.
•
By: � ��
P er K. Beck �
PKB:ch
cc: Brad McNaught
Ned Rukavina
Mark Vannelli
Tom Beach, LIEP Staff
Larry Soderholm
Peter Wamer, City Attorney
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Outline
Charlie Hardy, 1055 Lincoln Avenue
1. "Fast Casnal" same as Fast-Food for Customer Traffic.
Andrea Hauser, 1055 Lincoln Avenue
2. Code for Fast-Food Restaurants.
Patrick Flahaven, 1073 Lincoln Avenue
3. Parking and Traffic, Grand Ave. & Neighborhood.
Amy Levine, I068 Lincoln Avenue
4. Adverse effects on neighborhood.
Ne�hborhood's Research
Collectively visited 14 Chipotles, 6 Noodles.
Virtually all in downtown storefronts, or shopping centers, strip malls with
ample parking, or 4 lane or wider roads.
None are abutfing singte family homes.
City Code: Restaurant, Fast-Food: ...
designed for rapid food delivery to customers in their automobile OR
from a counter OR drive through window
with minimal customer service.
Chipotie and Noodles are designed for this service.
�
�
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Fast-Food Fatigue Leads to "Fast-Casual."
but Same Fast Service
Quotes, Paraphrases: Business and Restaurant Trade Lit.
Big trend starting early 1990's.
Fast service of a McDonald's, more sophisticated style.
15 - 20% Growth: Regional, National Chains.
Designed for hurried customer, but better food at premium
prices. Higher profit than fast-food.
Restaurants USA
Foodservice. com
Reuters News Service
Restaurant Hospitality
Chipotle is Fast Casual
"set a new standard for quick service" -- founder Ells.
75 new restaurants in 2001
75 new restaurants planned for 2002
"30 Denver units with room for a lot more"
Same-store-sales increases: 15% annually for 3 years.
Continues to seek `�...city store fronts, shopping center end-
caps and strip centers." McDonald's real estate know-ho�r
arkin : accommodate high voluine quick service
restaurant.
We estimate 1200 customers/day (low encl) at Highland.
Oa---� � a
r
Z�
Noodles is Fast Casual
Still privately owned, est. 1995.
40 stores and growing
30 units planned for 2002
Web site claims: "2500 sq. ft. Anchor TenanY" @ 600-800
customers per day.
Minimum 25 dedicated parking spaces if not a high
pedestrian location; site criteria similar to Chipotle.
Developer claims negative: they take up so much parking
r
The quick service format means tables turn faster.
Combined Chipotle & Noodles: Same Fast Service
Fax your order -= fast service.
Serve your own drinks -- minimal customer service.
Existing stores considered fast-food by City Code.
Standard decor and set-up.
Architect for this site: also Kentucky Fried Chicken and
Old Country Buffet.
They promote expectation of fast service, fast in and out.
Should be in B-3 zaniug� not on Grand Avenue.
3v
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References for Presentation For Public Hearing on 4-18-02 before the Zoning Committee of the
� St. Paul Planning Commission. Re: 1060 Grand Avenue development.
Submitted by Charles Hardy, 1055 Lincoln Ave., St. Paul, M�I 5� 105
I. From Chipotle's and Noodles' web sites and restaurants
A. Chipotle
1. Fax form
2. Site Guidelines
3. Twin Cities area restauzants, map and addresses
B. Noodles
l. Fax Form
2. Site criteria
3. Anchor tenant description
4. National restaurant list
II. Business and Restaurant Trade Literature
A. Fast Casual �
1. "Fast food fatigue leads to `fast casual' " Reuters, by Michael Erman, March 9, 2002.
2. "Our tastes are growin� up and away from fast food" (Editor's Letter) Restaurant
Hospitality, Apri12002
� 3. "Fast-food moving out from under the golden arches" Reuters, by Mary Jo Feldstein,
Aug. I5, 2001
4. "Quick quality: Serving fast food with finesse" by Cheryl Ursin, Restaurarrts USA,
Apri12001.
5. "Quick (or fast) Casual" Foodservice News and Editorial, Foodservice.con:, Jan. 31,
2002
B. Chipotle
l. "Chipotle: Ole; McD's taco, burrito brand looks to expand beyond its `Mesican Grill'
menue (Regional Powerhouse chains)" by Amy Zuber, Natio�:s Restaura�:t Neivs, Jan. 28, 2002,
vol. 36, p. 58.
2. "The right combination. (Chipotle Mesican Grill) (Company profile)" by Charles
Bemstein, Citain Leader, May, 2001, Vol. 6, p. 54.
3. "Did somebody say Cipotle Mexican Grill?" by Laura Lee, Restaurants &
Institutions, July 1, 1999, Vol. 109, p. 51.
C. Noodles and Company
1. "Going BowlinQ (Noodles & Company fast-food restaurants)�� b}� Gina LaVecchia,
RestaurantHospitality, July 2000, Vol. 84, p. 62.
2. "Hot concepts section, Noodles & Company'� by Dina Berta, Natior:'s Restaurnnt
Ne�vs, May 14, 2001, Vol. 3�.
� 3. "Pad-sharing trend puts squeeze on bi� box concepts" by Ron Ruegless. Natiai's
Restaurat:t News, March 27, 200Q Vol. 34. �
31
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PETITION
We, the undersigned, oppose the constr.uction of Chipotle and Noodles & Co. restaurants
at the vacant Clark Station lot at 1060 Grand Avenue, St. Paul for the following reasons:
1
�
�
Chipotle and Noodles & Co. are high volume, fast-food restaurants which are
prohibited in the B-2 zone of Grand Avenue.
There is inadequate parking on the proposed lot and a parking crisis in the
area.
Increased auto and delivery truck congestion will endanger pedestrians on a
block which already has 8 major curb cuts.
Owner/
NAME SIGNATIJRE
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ADDRESS
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enant
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PETITION
�
We, the undersigned, oppose the construction of Chipotle and Noodles & Co. restaurants
at the vacant Clark Station lot at 1060 Grand Avenue, St. Paul for the following reasons:
1
2
Chipotle and Noodles & Co. are high volume, fast-food restaurants which are
prohibited in the B-2 zone of Grand Avenue.
There is inadequate parking on the proposed lot and a parking crisis in the
area.
3. Increased auto and delivery truck congestion will endanger pedestrians on a
block which already has 8 major curb cnts.
Owner/
NAME SIGNATLIRE ADDRESS Tenant
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PETITION
�
We, the undersigned, oppose the construction of Chipotle and Noodles & Co. restaurants
at the vacant Clark Station lot at 1060 Grand Avenue, St. Paul for the following reasons:
1
2.
3
Chipotle and Noodles & Co. are high volume, fast-food restaurants which are
prohibited in the B-2 zone of Grand Avenue.
T'here is inadequate parking on the lot and a parking crisis in the area.
Increased auto and delivery truck congestion will endanger pedestrians on a
block which already has 8 major curb cuts.
NAME
� uic.�(��
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Owner/
SIGNATURE ADDRESS enant
�02?� nr�� r��� �_J't txn�"
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,P C�r�es ���r> ���.�',.�.�.��f� L����lo /'tv�- c-'w�.cr-
�
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PETITION
�
We, the undersigned, oppose the construction of Chipotle and Noodles & Co. restaurants
at the vacant Clark Station lot at 1060 Grand Avenue, St. Paul for the following reasons:
Chipotle and Noodles & Co. are high volume, fast-food restaurants which are
prohibited in the B-2 zone of Grand Avenue.
�
3
There is inadequate parking on the proposed lot and a parking crisis in the
area.
Increased auto and deIivery truck congestion will endanger pedestrians on a
block which already has 8 major curb cuts.
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NAME
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PETITION
�
We, the undersigned, oppose the construction of Chipotle and Noodles & Co. restaurants
at the vacant Clark Station lot at 1060 Grand Avenue, St. Paul for the following reasons:
1
2.
N
NAME
�
Chipotle and Noodles & Co. are high volume, fast-food restaurants which are
prohibited in the B-2 zone of Grand Avenue.
There is inadequate parking on the proposed lot and a parking crisis in the
area.
Increased auto and delivery truck congestion will endanger pedestrians on a
block which already has 8 major curb cuts.
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ADDRESS
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Owner/
Tenant
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PETITION
We, the undersigned, oppose the construcfion of Chipotle and Noodles & Co. restaurant�
at the vacant Clark Starion lot at 1060 Grand Avenue, St. Paul for the following reasons:
1
2
3
\�
Chipotle and Noodtes & Co. are high volume, fast-food restaurants which are
prohibited in the B-2 zone of Grand Avenue.
There is inadequate parking on the lot and a pazking crisis in the area.
Increased auto and delivery truck congestion will endanger pedestrians on a
block which already has 8 major curb cuts.
C 74Y'Y��y
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SIGNATURE
ADDRESS
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PETITION �� _� ��
� We, the undersigned, oppose the construction of Chipotle and Noodles & Co. restaurants
at the vacant Clark Station lot at 1060 Grand Avenue, St. Paul for the following reasons:
2
3
Chipotle and Noodles & Co. are high volume, fast-food restaurants which are
prohibited in the B-2 zone of Grand Avenue.
There is inadequate parking on the proposed lot and a parking crisis in the
area.
Increased auto and delivery truck congestion will endanger pedestrians on a
block which already has 8 major curb cuts.
Owner/
NAME
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SIGNATIJRE ADDRESS
PETITION
We, the undersigned, oppose the construction of Chipotle and Noodles & Co. restaurants�
at the vacant Clark Station lot at 1060 Grand Avenue, St. Paul for the following reasons:
Chipotle and Noodles & Co. are higl� volume, fast-food restaurants which are
prohibited in the B-2 zone of Grand Avenue.
�
3.
�� ' �
SIGNAT`URE ADDRESS
Owner/
Tenant
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There is inadequate parking on the proposed lot and a parking crisis in the
area.
Increased auto and delivery truck congestion will endanger pedestrians on a
block which already has 8 major curb cuts.
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' �� , �� � � � � Sumrn�t �11 Assoc�at o `
� •' � ' •, ; ' � District'16 Pl.anning Cou� c
�� � �' . � � . ' � . ' • . ' . , � 860 Saint Clair kven�
� �� � ' � � � : � � • � . ._ Sain! Paul, Minnesot :5510
; {, � . . . . •� � ' .: � . Teiephone 65�-2 2-122
�;:: i �;: . ... . .. ..�•i`. : ,- .• FaX651-2 2-t55
� �.• . — . , e-mailsummit.hfil�st auLg�
I�:, '� I: . • . . � . �.
� '. : � : • : ` ' April 15; 2002 .. .,".. � .. . • : : . � � . �
- . � • . , .. . , i
. , , i
� �' . ' � � � • i
• ; �Sainf Paul Planhing Cornmission � � •
` ` ' C/0 �arry Soderholm . � `
; ,� . . . • .
; ; : ° ! 1400 City Hali Annex: . ' �. ' . - � ' " ' �
i : ' ' .:; ��25 West Fourth'Street � � � � � • � ' . � �;
i : i , i I Saint Paul, fvlinnesota 55142 ; � . . . ' .
� . , : . , • . �
� , •� , �,: . . . '
! , : � RE; Zoning File Number 02=099842' � . � . . ,
� . . . , . • . , ,:
' • � ��Dear Members ofthe Pl.anni�g Cornmission;= ' ' �
� : : .. .
� ,, . . , . . . . . .. �. • . 4�
� '� '; � The Zoning and Land Use Committea of the Summit Hili Association/District 16 Planning . j;
: i I Counci( ("SHA"), together wiih interested neighbo'rs has met several times with Brad �•
�� ;; P✓icNaught and.Ned Rukavina'of Grand Inves#ors 2001, LLC.("Grand Investors`') to cliscu s•
; �� f�their plans to develop two restaurants at 1060. Grand AVenue. During our last m2eting o �'
�' '..�� Niarch 26, 2002, the conimittee reviewed the.site Plans for the festaurants that Grand inv� ,toS:
:� submitted to the city and solicited input on fhe plans from surrounding neighbors,
; •.. ' ,, �. : ' , .. : . : : • �
•�' The surrounding neighbors.expressed many concems about this proj2et including concerrs .�;
, i I' �� I about lack of avai(able parking, odors, emanating irom the buitd':ng; and inc�ease in tKe tr sh
� � ; klett behind by patrons of Grand. Avenue businesses. However, th� most serious concer� l '
i:: ; � raised�tiy neighbors is the inctease in traffic on Grand and Lincp(n Avenues, Oxford Stre ���n¢
! :;�Leicington Parkway that would be gene�ated tiy the addition ofi t�ese two high intensity
� �'! ' �businesses. • • • � • , • i'.
, ; ;` ,,: . . `. . • . `. :' :.• `' '. �
•;; �The congestion and safety jssue's at Grand and Lexington are wei! recognized withiri the • `•
'� •�. 4Summit Hilf neighborhood.. For many years, SHA has encouraged the city to fake;steps t. ;.
,; ••' •' !make the intersection at Grand and Lexington safer for both cars and pedestrians (fo�. . j
� �' :':� iexamp�e, see,attached letterto Counci(member Coleman dated February 18, 2000).; Wit the�
.. :) �;amount of traffic alrea�cly present.at this infersection, the introduction of any�vhere frorri 60
;. 17,000 2dditional vehicles per day drawn iritersection.by these restaurants, present��n ��
; _,;. ,: Ipnacceptablesafety�risk.'_ � . :. . . �• . . • '; : . ' . . . �
�"'� .' ." ' .� • . : i
;•. ' fihe East Grand Avenue Plan_specificaliy addresses concems about traffic saf�ty and its . •
� , .;efPects_b'y recommendinn that the city oontrol spillover effeots on Lincoln Avenue in those ,'
,• •` �; �ar�as of Grancl Avenua whers parking and probiems are extreme and spill over info side.
i. ; ; ; I treets and alleys. •. . . . ' . . •
, � �: � ` � 1.
i�•' '. �; �ccordingfy,�SHA's Zoning and Land Use Commit4ee voted,to recommend that the .
, i plannfng Commission deny approval of the site plan for twq_ restaur�nts at iQ60 Gr nd i
�1venue based on the s�jvere traffic problems that vrould result from fhe addition of
`� � thase inten�se busiriess��s to the Grand and Lexington intersectfon. The tull SNA Bo rd ;
:. : ot Qirectors ratified th(s: recommendatiori at lts ineeting on Apri! 11, 2002. �
�� �� . �4 . , � ' ... ' .. _ . . ' � • �.� . � : � . ..�
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The East Grand Avenue Plan specificaily addresses concerns about fast food restaura
'� I �their impact on Grand Avenue, • It recommencis curtailing of B-3 zoning on Grand prima
i I�because fast food uses afiowed under 8=3 zoning are not appropriate or desirable on C
� ! Avenue. ; . � . • : , � .
� �. ., . . .
� j Therefore, the Zoning :ind Land Use Corrimittee voted to recommend that ths PIa
:`. ; Commission conduct <idditional researcfi, beyond the questiohnaires submitted I
;(Grand fnvestots, to del:ermine if these restaurants wili.oPerate as Fasi Food
;! Restaurants, and if so, to denyr a}iprovat of the site p(ari on grounds that fast
�, restaurants.are not allowed in B-2 xones. TF�e full SHA �oaPd of Directors ratified
� recommendation af its ineeting on Apri! ii; 20b2. "
., . .
.; ;: : . .- . , :
�; ff you have any questiQns about the discussion or recommendations, you may contact i
� �Ellen . . .
`: 1Biales SHA Executive Director, at 222-i222. ' '
.• I . " ' •
, . . . � ,
� ' • ; ISincerely, � '
,. ;. .
�; . .:?fy�4(�t� .
�i . �
� � . . . � t.o-,� � .. L� %�_
j . • ; � �1 ;Shani�on M. O'Toole .
i ; , , ; •President '
� �; �; .
� •• �. �
,.
i • • � ' •
�
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�
G • .; �cc. Brad McNaught arid Ned Rukavina, Grand fnvestors 200�1, LLC
�• � • Councilmember Ch i C I
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Saint Paul Planning Commisslon , ;
April 15, 20�2 .
Page 2 � • . ' '. � . , � .
. �
�Another concern �xpressed by neighbors at the March 26 meeting was that these restau
would operate as'Fasf Food Restaurants, a use not alfowed in the lot's preseni B-2 zonir
;Grand Investo�s kias sut>mitted answers to ihe city's questionn�ire that indicated thatthe
operators of the restaur<ints woufd alter the opetatioris of the fast service r�staurants at
location to ineet the city's requirements for Restaurant designation. Hbwever, neigF�bors
presenled a significant �,mount of evidence.to indicate that afl other Noodles & Company
Chipotle Restaurants in the metro area wouid meet the city's c[iteria for Fast �ood Resta
antl that the elirnination of a few criteria will not aiter tiie essential operation and impact c
these restaurants as Fast Food uses. : , .•
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i �ebruary 18, 2000 '
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:------ o�.c���
it Hi11.,tAssocia
• District 16 Planni
' .860.Saint GI
' Saint Paul,,Minne:
' _ ' . Tefephone 651
. . " • , Fax 651
. ' e•m2i1 summit.hill�
,, .,,. ... . . . .
� ` �. •! I Councilmember Chris �;oleinarj . . • ''
� � . ' ' �St. Paul City Council W��rd 2 .' � • � . � � �
� • � 15 W. Kellogg Blvd.. Room 310B �� � . . . , . . •
i • ' ' .. . .
i. � ; • ' St. Paul, MN 55102 . ' , . • • . �
;.:;;: , � •� : .. .. ' .:. . �,' : ; . �
i °� f i i Dear Councilmembe� Coieinari: � • '� '
� ' ,; j A§ you requ'ested, following the October 12 Summit Hill community meeting on ttaffic
�: � ':' I issues; the Summit Ni(I Assbciation has prepared a itst of action items for addressing
�: ,
,;; �'the traffic probfems on L.exington Parkway betwe.en Gr�nii and Sf. C1air Avenues. First,
! � � a summary' o} fhe problems` . �. � . • � . � • �
: ,. C' • .•• .•• . ' . ., ' , •
�'' :�• The volume and sPeed of tPafiic on Lexington Avenue is eroding ihe neighborhood,
�: � � j, reducing,'safety, increa'sing noise; and decreasing�propert� �[alues:. . •
i�.; �� Traffic accidents ir� the area are increasing As of.luly 31, T999,�traffic accidents at .
i � •; �
�' �; the intersection of Lexington and Grand Avenues increased at a 20°�b rate versus
� • � same period one yesir ago. •• . . � • ' : .
���` ;�• : Pedestrians have gre�at cro'ssing four,lanes of_spegding traffic of the
! � marked 'and. tmmarked crosswalks. �: • � � •
;' ��° .�,• Lexington between Grand and St. Cfair is narrow for 4 lanes af traffic; with t�affic
• �• � lanes right next to th� sidewalk. Fairview Avenue,�conveRed from 4 lanes to 2�,
� �.��: ' within the last 2 year:;, is up.to 56 feet wide (from Randolph to Highland Pa'rkway).
�' ;� :��:' Lexington between Fairmount and Sf, Clair is ;no fnore tharj 41 feet wide and
; ; : i � � carries 4 lanes ot traf(ic. • � . . • ' ' . . .. � • . ;'
;' �• The lack df a feft turn arr6w northbound on Lexington at Grand Avenue backs up� •�
- • _ 1 traffic on Lexington., � ' � • • � • '
�'�� �: '• •. Parked cars'ori Lexington,behvean Grand�and Lincofn Aveiiues obstruct visibility
I:•! �� � ' and access jnto and out of alle;�s betwe�n Grand and L.incoln. :� •
� •' t : :: �• . , : .. :. . , . , .
I: :� �The Summit Nill Association requests ihe following �ideas be siudied by the �St..Paul
�' • ;� i Pubiic Works Departmer�t and th'e St.�Paul.Polica beparfinent to aileviat� these .
!� :� : problems and heip restore the qu�!ity of iife in the Summit Hill,neighborhood
� � � 'suirounding Lexington b��tween Grand arid.St. Ciair Avenues.� '
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February 78, 2000 . �
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1. RgdUce 4 lanes to 2 lanes with ..a center turri lane. Add feft turn
, arrows, norEhbciund and southbound, at l.exington intersecfions .
with Grand ancl St. Clair. , :
� 2. Post speed limit,$)gns southbound at Grand�and northbound at
St. Ctair. '
3. Post highty visible, signage southbound at �rand and �
northbou�d at ..3t. Cla[r fhat clearly indicates the Grand. io St. Clair
strip of Lexington Avenue as a Traffic VJatch Zone. For examp(e:
"Cautioh: Traffic Watch Zone. 1'raffic Laws Strictly Entorced" ,,
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`.' ; 4. Enforce speed limit vigilantly and, vigorously; in ttiat strip, � ��
'� �' 5. Enforce cro�swalk taw vi ilantl . I
��� 9. y and vigorously in thaf strip. ..
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' 6. Paint cYOSSwalks on Lexington between Grand �and St. Clair, :
except Lincoln's brick crosswalk.' Apply. brlghtly cotored "tape" I
,• solidly between crossWatk outline for enhance�i visibility. '.
� 7. Initiate a vigorous pubiic relations campaign: on livable streets. � i
• Heighten a�vareness bf pedestrian crossvralk� tatv and sensible_ .
driving in resicienfial n�ighborhoods. �
.8.Instatl "all st��p'for pedestrian" signals at Lexington and.Grand.. �
Traffic Would be: stopped in all four directions io a)!ow pedestrians
to cross. � . � .. . .
• ' ' ' • ; . � '
document frial results and benchmark pre-trial, we request before and after studies
t iriclude traffic (volume) counts, accident counts, and traffic �speed studies on
:ington and neighboring streets. ? • , �
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Page 1 of 2
Tom Beach - Fw: RE: Chipolte / Noodle Bowl
�a- � a
e From: "Hartnett, James J." <JHartnetf@faegre.com>
To: "'tom.beach@ci.stpaul.mn.us"'
Date: 4/18102 1236 AM
Subject: Fw: RE: Chipolte! Noodle Bowl
Thanks in advance for considering the attached. Jim Hartnett
Jim Hartnett
Faegre & Benson LLP
612.766.6924
j hartn ett@faeg re.com
jhartnett@faegre.com
-----Origina! Message----
From: mcclay-alton <brian@mcclay-aiton.com>
To: 'Hartnett, James J.' <JHartnett@faegre.com>
Sent: W@d Apr 17 15:3633 2002
Subject: RE: Chipolte / Noodle Bowl
Jim, •
I'd gladly switch places with you. I miss Alaska. I spent severai summers
in Fairbanks while in college and also spent a summer as an intern in the
� District Attorney's o�ce in Anchorage. Enjoy your stay.
You should send an email with your six points to Tom Beach
(tom.beach@ci.stpaui.mn.us). He will copy it and distribute it to the
committee members at the meeting and it wilf then be in the pubfic record.
Brian D. Alton
McClay-Alton, PLLP
951 Grand Avenue
St. Paul, MN 55105
651-290-0301
651-290-2502 (Fax)
brian@mcclay-alton.com
----Original Message---
From: Hartnett, James J.
Sent: Tuesday, April 16, 2002 6:12 PM
To: 'brian@mcclay-afton.com'
Subject: Chipolte / Noodle Bowl
Brian:. Greetings from Alaska. I appreciate you returning my call so
promptly. As you couid tell from my message, my neighbors and i are very
concerned about the proposed Chipolte/Noodle Bowl deveiopment that is
proposed for the "Flyball Field" lot. Although my house is on the far side
of Lincoln (not on the Grand alley), 1 share my neighbors' concerns as
foilows:
1. The proposed development is ctearly fast food. Chipoite is owned by
McDonalds and all you have to do is visit a store (in Highland Village or
� downtown Minneapolis) and see the people standing in line for their
foil-wrapped burittos to know that this is true. If we wouid not allow a
Taco Bei4 to be buift on this site, then we shoufd not allow the McDonalds
answer to Taco Bell either. •
S3
Page 2 of 2
2. The developers have, at best, manipulafed the system and, at worst,
outright misrepresented the facts in order to get this far. They know that
what they propose is a fast food resturaunY; to avoid this facf, they
propose to "tweak" their site plan so that some of the criteria of a fast
food resturant are narrowly avoided. But at the end of the day, they're
still selling foil-wrapped burittos—fast food no matter how you dress it
up. Rhetorical slight of hand by the developers should not be allowed to
prevaif.
3. There is not enough parking for their proposed deveiopment. 1'm sure
you know as well as I the tra�c/parking problems caused by the existing
businesses on the block: Bibelot, Creative Kidstuff and the Lex cause
enough
traf �clparking prob(ems by themselves; adding a fast food resturant with
inadequate parktng wiil only make it worse. Given the small size of the
lot, this problem is intractible. The developer wants to ignore it.
4. The hours of operation are not compatible with the neighborhood. Fast
food resturants need to stay open Iate to make money. None of the other
businesses in the area except Blockbuster have any late-hour business at
all. And drunks with munchies don't hang out at Blockbuster. But they do
eat burittos.
More following
Jim Hartnett
Faegre & Benson LLP
612.766.6924
j h a rtn ett@fa e g re. co m
jha rfneYt@fa eg re. com
.
�
.
fite://C:\WINDOWSiTEMPiGW}00003.HTM �'` S� 4/18/02
Page 1 of 1
�
Tom Beach - [no subject] �� � � �
From:
To:
Date:
Subject:
<Iincoln5@att.net>
<ra n dy. kelly@ci. stpau i. m n. us>
4/15/02 5:36 PM
[no subject]
The following was submitted by A. Metry on Monday, April 15, 2002 at 5:35 PM
Name: A. Metry
state: MN
zip: 55105
lastname: Metry
address1: 1009 Lincoln
email: lincoln5@att.net
city: St. Paul
firstname: A.
Message: '
I am trying to get this message to yourzonimg board for their
4118102 meeting. Could you please pass it on for me? Thanks!
I know that you are considering approving the 1060 block of
Grand Avenue for a Ghipolte restaurant. How they can claim
• they are not a fast food restaurant is beyond me. I work in
Mapiewood and only get 20 minutes for lunch which is why we go
to Chipolte, because it is fast food. (It is also delicious.)
t have observed the number of cars and people going in and out
of the restaurant. If you want to judge if this is a fast food
restaurant, simply go there and observe.
As a neighbor I say we do not need any more traffc on Grnad or
Lincoln. Cars are in and out of the Chipolte restaurant
parking lot at an alarming rate. DO NOT put a fast food
restaurent like CHIPOLTE'S at 1060 Grand!!
�
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4/18/02
:RECE�ff��
Cheryl E. Duncan
Adeeb Khalid
1077 Lincoln Ave.
St Paul, MN 55 t05
iz April zooz
Gladys Morton, Chair
Planning Commission
c/o St Paul P.E.D.
zg West qth Street
Suite uoo
St Paul, MN SSioz
Dear Ms Morton,
Re: Zoning Decision for io6o Giand Ave. Site
APR 1 � �e�a
�N6 & ECON6idIC DE�l�Lt}�yy-�-
W e are writing to express our strong opposition to the proposed establishment of two
restaurants at ia6o Grand Avenue. Our house is located two doors doR•n across tkie alley from �
the proposed development, and we will be directly affected by it.
The two restaurants, Chipotle Grill and Noodles & Co., are both high turnover businesses that
promise to bring in t,600 customers per day to our block. There are several problems with this.
The most significan[ is the substantial increase in traffic volume tha[ the new restaurants w$1
bring about. The intersection of Grand and Lexington at the western end of the block is
akeady extremely busy since Lexington connects to 3SE a mile to tiie south At rush hour, it is
common for traffic to back up more than a block on Grand on red lighcs. The block of Grand
between Lexington and Oxford is already the most solidly cosunercial block on Grand� with at
least six points of entry onto the screet form existing parking areas. Adding another i,600
customers daily will have disastrous effects on traffic flow in the area. The parking lot for the
proposed site will have 34. tightly packed spots for customers. Even assuming that the number
of parking spots suffices, cars entering and leaving the lot will dramatically increase congestion
on the block and pose a threat to the safety of pedestrians on the sidewalk.
Tlze increased number of visitors will also have a serious impact on parking in the area. The 34
parking spots barely meet the legal uunimum. When tlie lot is full, the traffic will fuzther slow
down as people look for street parking; and it will overflow on to our block of Lincoln, which is
already heavily used by shoppers on Grand. Remember that this is a mixed cosunercial-
res idential neighbozhood with many children around on the side streets. The main rationale for
not allowing fast food restaurants in mixed commercial-residential neighborhoods is precisely to�
protect residents from excess traffyc.
s�
Da. -bb�
Duncanf Khalid z
� But the most important question concerns the appropriateness of the two restauranu in our
neighborhood. We understand that xecFuucally the restaurants are classified as "fast casual"
and not just plain "fast food." We find the distinaion betcveen "fast" and "fast casval" baffling.
It is not as if McDonald's or KFC are not casual. Chipotle and Noodles & Co. are both parts of
large national chains; they have a high turnover of customers; and offer over-the-counter service
while you wait — all characteristics of a fast £ood restaurant.
Finally, we would like to d'uect your at[ention to the fact that many of the sta[ements made by
the developers to date (e.g., at the meeting of the Summit-Hill zoning committee) about the size
of the restaurants, their seating patterns� etc., are not guaranteed in any way, since they l�ave
not been signed by the franchisees and carry no legal weight.
As a result of these considerations; we request that the Zoning comuiittee deny permission for
the development to proceed.
Sincerely �s,
�^'��
Chery Duncan
i �
Adeeb Khalid
�
�-�-=. S7
RECEIVED
aPR � s 2aoz �
�llVlN� & ECONOMIC DEYELOPMENT
Apri110, 2002
Ms. Gladys Morton
Chair
St. Paul Planning Comcnission
c/o Larry Soderholm
Plannin� Admiivstrator
1400 City Hall Annex
25 West Fourth Ftreet
St. Paul, MN 55102
Deaz Ms. Morton:
�Ve aze opposed to the addition of Chipotle Mexican Grill and Noodles & Company on
Grand Avenue. The proposed Chipotle Me�cican Grill and Noodles & Company would •
violate the B-2 zoning of Crrand Avenue, because Chipotle is a fast food restaurant. We
base this claim on our visit to several Chipotles in the Twin Cities area. At each, we found
that the desia of the restaurant �cas for rapid food delivery to customzrs from a walk-up
counter, with minunal personal service, for both dine-in and take-out.
The following chazacteristics at each location cleazly demonstrate that Chipotle is a fast
food restaurant, based upon Chapter 60 of the Zoning Code.
--A germanent menu board was provided from which to select and order food. Duplicate
take-out menus convenientiy Iocated near the entrance facilitated orderin� oftake-out
food:
--IYs a chain. There were standazdized floor plans and decorations at all Chipotles. .
--Customezs pay for food before consuming it.
--A self-service condiment baz is provided.
--Trash receptacles are provided for self-service busing. A sign over each trash barrel
reads: "Please do not discard plastic baskets." (Are they cleaned and re-used, or disposed
of?)
--Customer seating is arran�ed at hard-finished, stationary� tables.
Less clear was whether 45% or more of Yhe floor area was devoted to food preparation,
employee work space and customer service azea. Walkin� the length of the restaurant �
�` � �
0�-�6 �
Q showed that the length of the dining area was only 14 paces, compazed to 17 paces for the
len�th of the food prepazation, employee work space and customer service azea, wall-to-
wall. This shows that only 45% is for dining, and 55% the remaindez.
In addition fo the zoning conflict, there are other problems with the increase in trafric that
this high-volume restaurant would bring. Currently traffic is dangerous. If these fast food
places weze established, increased traffic would create perilous levels for pedestrians along
Cnand Avenue as weD as for pedestrians in the neighborhoods.
The existing Chipotle restaurants we visited were in shopping centers with lazgz pazking
lots. On Grand Avenue, parking is already a problem and would be far greater if these fast
food places were established. In addition, people unable to park in the restaurant's lot
would spill over onto neighboring residential streets.
Please do not allow these developers to build in the B-2 zoned azea on Grand Avenue.
Sincerely,
r
J�ane Hea on
• Jerry Strobeck
1043 Lincoln Avenue
St. Paul, NIN 55105
651224.9327
�
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Page 1 of 1
'�om Beach - 1060 Grand Avenue Development
From: "Jerry Conway' <JerryConway96@msn.com> �
To: <larry.soderholm@ci.stpaul.mn.us>
Date: 4/9/02 6:51 PM
Subject: 1060 Grand Avenue Development
Dear Mr. Soderholm:
This e-mail is regarding the proposed development of 1060 Grend Ave
with the building of a Chipotle Mexican Grilie & a Noodles & Co. "fast casual" restaurants.As a long
time resident of the neighborhood, I woutd ask your office to reconsider allowing the above
development.
We do realize that the present vacant lot would be ideal for development, however we do not feei
the location would be consistent with the surrrounding commerical businesss ,and in fact
believe traffic, parking and odors from the restaurants would be more consistent with fast food
establishments, such as McDonaids, Burger King etc, Given Grand Avenue's unique, and smali
town feel, the building of the Chipotle and Noodles restaurants would turn an already bulging
traffic and parking probiem into a nightnmare. -_
We hope you wouid reconsider devGlopment at that location, and rether look for -development
involving potentially less traffic and parking .
,�
Thenk you for your time. � _
•
Sincerely,
Jerry & Maria Conway
Get more from the Web. FREE MSN Explorer downioad : httoT//explorer.msn.com
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U3--���
TO: Gladys Morton, Chaic
St Paul Planniug Coiumission &
� Members of Zoning Committee
25 West 4�' Street, Suite 1100
St Paul, MN 55102
CC: Mayor Randy Kelly
Councilmember Chtis Coleman
FROM: Ivlaureen and Patrick Flahaven
1073 Lincoln Avenue
St Paul, MN 55105
DATE: 4/9/02
RE: Hearing on 4/18/OZ for new buildiag aud parking lot at 1060 Grand Avenue
We have owned aud lived at this propexty foz nearky 30 yeazs. Mauy of out neighbozs aze long-temi
owneis also. We have been good customers and good neighbors to the businesses that e�st bebind
us on Grand Avenue. Fot example, we have had theiz employees and customets parkiug on a daily
basis in front of out homes, blocking access to walkways even in the winter, creating hazdship foc
the elderlp, handicapped, peopie carrying babies, unloadiug grocezies, etc. During the high volume
times such as the holidaps, we have iepeatecllp had their customers even park across or block out
gazages. Thete has been an enonnous increase in truck deliveries thai aLso biock access. These
situations make it impossible to pazk neaz our homes. The neighbors feel that inczeased Uusiness
pazking will fozce us to petition for p�cmit parking as others on Lincolu have done to ensure a space
neaz theiz home.
. The inczease over the years in allep traffic has made it neatly impossible to safely eatet ot exit our
gazages. Many cazs use the alley as a shortcut when Lexington aud Gtand aze backed up fot blocks
each way fsom the intetsection daiip and pLOCeed at a lugh zate of speed ia theiz fzustration. Many
fender benders already occur. In addition, an increased numbet aze cosning down I.incoln the
wtong way — delibetately and at high speed — to escape the traffic logjam.
Now, two cfiain fast-food restautants, Chipofle and Noodles, want to build on the empty site at
1060 Grand Avenue. 'This is a B2 zoned azea and these fast food restaurants belong ia B3. We
thought this issue was settled many yeazs ago on Giand Avenue. It is designed for small retail
business, aad indeed the neighbors would welcome such an addition and have expected it foryears.
We did not eacpect and most strenuously object to this violation of city code and to the additional
danget it poses for traffic, both vehiculaz and pedestrian.
The traffic situation at Grand aud Izxington was already the subjeci of a community meeting called
by Councilmember Chris Coleman, with police and city traffic engineezs present Unfortunatelp, no
one had a zesolution for the pzoblem. Adding two fast-food high-volume restaurants will onlp
exacezbate this situation. Right now traffic is grid-locked at Giand and Le�ngton foz se�efal blocks
each way, especiallp at tush hout and on meekends. Even the centet tum lane is subject to gud lock
as cus attempt to tum into one of the EIGHT existing driveways to parking aiready on this one
block.! Pedesirians have a very dif&cult time as it is now negotiating the many curbcuts. The dual
tunnel effect of a NIN1T-I driveway between buildings in one block adds to the hazazds.
�
6�
Business in this block of Grand iaclude high traf&c azeas such as tke Leicingtou Restaurant,
Blockbuster V'ideo, WuoAet's Bakery, Creative Kidstuff, tlte US Bank, Bobet Dzug, the Oaford mall
shopping area mith Caribou Coffee, etc. T'here are two pi2za places aud another bakezp in addition �
to many small tetail shops. There comes a time when common sense and the safery of residents
must prevaiL
Parking pioblems will certainIp extend to the curieut busiuess Iots as frustrated customers for the
fast food chaius use the lots and spaces designed fos existing stores. This wiIl result in a loss of
business fot our Grand Avenue retal neighbots when theiz customez base goes elsemhere. Thue is
obviouslp no easy wap to police who exactlp is pazking in what spot
A couple items of note: Chipode is otvned by the king of fast food, McDonalds. On their web site
they self-describe theiz needing "puking to accommodate high volume, quicl� setvice testauLanL"
Noodles & Co. on theix mebsite claim thep alone need a"m;n;m� 25 dedicated parkiag spaces."
Noodles web site fiuthes states "you'ze talking about amacting 600 to 800 people a day, .... on an
average dap." In recent acticles the Pioneer Press zefezs to Noodles as fast food The ptoposed 34
pazking spaces will obviously NOT accommodate the volume of customezs expected fot these two.
In on-site visits, every Ghipode and Noodles teaches aC least 4 to 6 of the 8 critezia to defiae fast
food. In theit application, the developezs agcee that three are met But simplp checking off a"no"
box does not change the fact that Chipode and Noodles aze part o€ a chain and use standazd floot
plans aud it varies onlp slightlp as to where the door is or a fe�v more or less squaze feet There is
most definitely a formu}a followed. Chipode's have seLf sesvice trash (7 containers countec� and
they have hatd &nish futniture bolted dow-n.
We firmlp believe that this request should be denied on the basis that •
1. Chipo@e aad Noocues are fast food chaius pmhibited in B2 2oning.
2. Traffic conditions aze cucrendy hazacdous and high volume additions will make it
p�oh�itive.
3. Parking is inadequate to the pzoject and to a neighborhood that continues to have a
s[�ortage.
Thauk you for youz considecation.
\J
GZ
�
Mr. Thomas Beach
3�0 St. Peter Street, Suite 300
St. Paul, Minnesota 55102
Dear Mr. Beach:
L. Chazles Hazdy aa- -� � �
1055 Lincoln Ave.
St. Paul, MN 55105
Apri15, 2002
The pioposal of two quick service restaurants at 1060 Grand Avenue (old Clazk Station), Chipode and
Noodles & Company, is inappropriate. Both establishments should be in B-3 zoning, not B-2. The St.
Paul city code is out of date in categorizing these restaurants, currently termed "fast casual" or "guick
casual" by the quick service restaurant industry. The objective of these chain restaurants is to take market
shaze from the standazd fast-food establishments, such as McDonald's, by offering a better dining
experience, with the same fast service and customer volume. This information is described in a Reuters
Business News article "Fast-Food Fatigue Leads to `Fast Casual"' by M Erman, 3-9-02 (enclosed),
which mentions Chipotle and Noodles among others. This type of chain restaurant evolved in the eazly
1990's.
Existing Chipotle and Noodles meet the fast-food code definition; for Chipotle 6 or 7 out of 8
criteria, for Noodles rypically 4 criteria. Essentially all of the meh� area 16 Chipotles plus 6 Noodles are in
B3 General Business, Central Business Districts, or suburban plazas or strip malls designed for handling
high volume trafFc and excessive parking. Minor changes proposed by the restaurants to weasel azound
the zoning code will not substan6vely alter these operations, so typical fast-food regulations and zoning
should be enforced.
• "Parking to accommodate high volume, quick service restaurant" is called for on Chipotle's web
site, and similazly for Noodles'. You can fax your orders. Fast-food parking requirements should apply.
Fast-food restaurants are zoned for B-3 along major tr�c arteries. Hi;h volume traffic, pazking,
and food service give rise to: trash, litter, noise, hazazdous traffic, obno�ous and disturbing odors, and
decrease adjoining property values, as the city code addresses. Chipotle and Noodles generate the same
nuisances.
Parking is at a premium on and around Grand Avenue. Neighboring small businesses and the
neighborhood will suffer because inadequate parking is proposed or availabie. Traffic is hazazdous and
aga essive azound Grand and L,exington and in the alley beriveen Lincoln and Grand. Tr�c from the
development will drive away some customers and endanger pedestrians.
The developers, property seller, Chipotle and Noodles, and the City of St. Paul will be making money on
this deal at the expense of the neighbors, neighboring businesses, and the neighborhood fihe "intent
and purpose" of the city code is to protect residents from big business bending the code and profiting at
residents' expense, but only if the City enforces and interprets the intent of its code.
As the Old Clark Station site goes, so goes Grand Avenue. Open Grand up now to these national
chaui fast casual restaurants and we will be well on the way to a 2.5 mile ship mall. We are part way there
already since Grand Avenue is slowly relinquishing local business to national chains with deep pockets
and political clout.
Respectfully yours,
� ������,��
63
•�' , �
News Home - Yahoo! - He(P
REUTEEtS :
•
Entertainment
T6D7�YT ewhf oney.com a oo. inance is�on � eo
Fast-Food Fatigue Leads to `Fas� Casuai`
Sat Mar 9, 4: ]I PMET
By Michael Erman
NEW YORK (Reuters) - Say goodbye to the 99-cent burger and heIlo to the $8
sandwich.
Science
Increasing disenchantrnent among Americans with traditional fast-food venues has
spurred the b owth of resTaurants offerin� higher quality food in a similarly convenient
setting.
"There seems to be a gro�ving dissatisfacfion with the quality aspect of the McDonald's
and Burger Kinos of the world. People are more focused on quality," said Fitzhugh
Taylor, a restaurant analyst at Banc of America Securities.
The industry likes to call the emergin� category of restaurants that offer healthier faze than their fast-food
counterparts "fast casual" or "quick casual." They're supposed to combine the fast service of a McDonald's wi�
more sophisticated style of casual sit-down restaurants.
The fast casual category is among the hottest in the restaurant industry, accounting for about 3.5 percent of sales.
According to Mitchell Speiser, an analyst at Lehman Brothers, mazket share is expected to doubte wittun four or
five years.
A numbzr of quick casual chains already exist, including Noodles and Company, Baja Fresh, Comer Bakery, Cafe
Express and Pei Wei Asian Diner, a spin-off of Asian-themed restaurant P.F. Chana s China Bistro Inc.'s .
Some have already sho�vn strong erocrth. Panera Bread Co. , a mazket leader, is trading at more than $55, up from
less than $8 in May 1999, when the chain sold its Au Bon Pain properties. Panera said on Thursday its
fourth-quarter net income more than doubled, reaching $4.8 million, or 32 cents per shaze, from $2.4 million, or 1
cents per shaze, in the yeaz earlier period.
Another popular chain, Cosi Inc., is preparing for an initial public offering later this year in hopes of riding fas?
casual's rising acceptance.
Several recent frends, including surges in sales for organic foods, personal supplements and premium beverages,
point towazd a growing class of health- and quality-conscious American consumer�.
Many analysts also attribute the demand for higher quality to an agin� population including baby boomers wh�
have recently hit their peak eamings years. ,
"Fast food is not appealing to the baby boomer «ho is fighting aging like the piaQue, �vho is a Iittle more �
discriminating in the quality of food they eat," Adams, Harkness & Hill analyst Scott Van Ninkle said. "A
consumer's expectation for food improves, I thinl:, with age."
FAST FOOD TAKES NOTICE
�r
TO: Gfadys Morton, Chau
� SU Paul Planning Gommission &
Members of Zoning Committee
25 West 4�' Stxeet, Suite I100
St. Paul, MN 55102
.
�
FROM: Maureen and Patrick FIahacen
1073 Lincoln Avenue
St. Paul, MN 55105
� 2--� ��
CC: Mayor Randy Kelly
CouncilmembeL Chfis Coleman
DATE: 4/9/02
RE: Heazing on 4/18/02 foL new building and pazking lot at 1060 G=and Avenue
We have owned and lived at this ptoperty for neuly 30 yeazs. Many of our neighbors aze long-term
owners also_ We have been good customers and good neighbors to the businesses that exist behind
us on Grand Avenue. Fot exaznple, we have had theiz employees and customers pazking on a daily
basis in front of ouz homes, blocking access to walkways even in the winter, creating hazdship for
the elderly, handicapped, people carryiag babies, unloading groceries, etc. During t1�e high volume
times such as the holidays, we have repeatedly had theiz customers even patb across ot block ouz
garages. The�e has been an enormous increase in truck deliveues that aLso block access. These
situations make it impossible to pazk near our homes. The neighbors feel that inczeased business
pai�ing will force us to petiuon £or pztmit par�ing as others on Lincoln hace done to ensuze a space
neaz theis home.
The inczease over the yeaxs in allep traffic has made it nearly impossible to safel,v entes oL er.it our
gazages. Many cazs use the alley as a shortcut when Leacington and Grand aze backed up for blocks
each way from the intersection dailp and proceed at a high zate of speed in theu fmstration. Many
fender bendets already occur. In addiaon, an incceased number ue coming down Lincoln the
wtong way — deliberately and at high speed — to escape the traffic logjam.
Now, two chain fast-food restaurauts, Chipode and Noodles, want to build on the empry site at
1060 Grand Avenue. T'his is a B2 zoned azea and these fast food restaurants belong in B3. We
thought this issue was setded many yeazs ago on Grand Avenue. Tt is designed for small retail
business, and indeed the neighbois would welcome such an addition and hace expected it fot years.
We did not expect and most strenuously object to this violation of city code and to the additional
danger it poses £or traffic, both vehiculac and pedestrian.
The traffic situation at Grand aud Lexington was already the subject of a communiry meeting called
by Councilmember Chris Coleman, with police and city traffic eugineers present Unfor[unately, ao
one had a resolution for the problem. Adding two fast-food high-volume zestaurants will onlp
exacetbate this situation. Right no�c ttaffic is grid-locked at Gzand and Lexington fox seve=al blocks
each way, especially at rush hour and on weekends. Even the center turn lane is subject to grid lock
as cazs attempt to turn into one o£ the EIGHT e�sting driveways to pazking already on this one
block.! Pedestrians have a very difficult time as it is now negotiating the man;� curbcuts. The dual
tunnel effect of a NINT'H driveway 6etween buildings in one block adds to the hazazds.
� , , �.S
Business in this block of Gzand include high tzaffic azeas such as the Lexington Res[aurant,
Blockbustez Video, Wuollet's Bakery, Czeative Kidstuff, the US Bank, Bober Dmg, the Oxford mall .
shopping azea with Caribou Coffee, etc. There aze two pizza places and another bakery in addition
to many small retail shops. There comes a time whea commoa sense and the safeiy of residents
must pzevail.
Parking ptoblems will certainly estend to the curLent business lots as frustrated customers for the
fast food chains use the Iots and spaces designed for existing stores. T'his wilI Lesuit in a loss of
business foz our Gtand Avenue xetail neighbors when theu customer base goes elsewhere. There is
obviously no easy way to police who exacdy is parking in what spot.
A couple items of note: Chipode is otcned by the king of £ast food, McDonalds. On theit web site
rhey self-descsibe their needing "parkiag ro accommodate high volume, quick service restaurant"
Noodles & Co. on theu website claim they alone need a"m+n;mum 25 dedicated pazking spaces."
Noodtes web site furthet states "you're tatkiag about attsacting 600 to 8Q0 peopie a day, .... on an
average day." In receat articles the Pionezr Press zefers to Noodles as fast food. The proposed 34
pazking spaces will obviously NOT accommodate the volume of custome=s expected foz these two.
In on-site visits, every Chipode and Noodles reaches at least 4 io 6 of the 8 cuteria to define fast
food. In their application, the developecs agiee that thzee aze met. But simply checlting off a"no"
bos does not change the fact that•Chipode and Noodles are part of a chain and use standazd floot
plans and it varies oaly slighdy as to where flze door is or a few more oriess square fee� There is
most definitely a formula followed. Chipofle's have self service trash (7 containecs counted) and
they have hazd finish fuLniture boIted down. •
We fumly beIieve that this request sfiould be denied on the basis that:
1. Chipode and Nooclles aze fast food chains prohibited in B2 zoning.
2. Ttaffic conditions aze currendy hazudous and high volume additions will make it
pzohibitive.
3. Parking is inadequate to the project and to a neighbozhood that continues to hace a
shortage.
Thank you for youf consideration.
a
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•
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RE;�.�_���E
� �-. � � -��nt
,�[NIN� & EC��iuo; i C DEVE�
April 8, 2002
Gladys Morton, Chair
Planning Commission
c/o St. Paul P.E.D.
25 West 4�' Street
Suite 1100
St. Paul, MN 55102
Dear Ms. Morton:
o�--�t��
David McCandless
Parthenia McCandless
1076 Lincoln Avenue
St. Paul, MN 55105
We want to express our unequivocal opposition to the idea of building two fast-food rrestaurants,
Noodtes and Chipotie, in the Clark Station Lot at 1060 Crrand Avenue. The volume of business
such restaurants would attract—a�e indeed exp]icitly designed to attract--would create a traffic
problem of devastating proportions and have a ruinous effect on the quality of life in our
neighborhood.
That quality of life has already been significantly challenged by such perils and inconveniences as:
gridlock conditions on Grand and Lexin�ton at rush hour and on weekends, frustrated motorists
circumventing such traffic jams by racin� at hazardous speeds down the Linco]n-Grand alley or
even speeding the wrona way down the one-way block of Lincoln, patrons of Grand Avenue
businesses taking away parking space from neighborhood residents—alt of which make parking
and walking around one's neighborhood or attempting to cross the street on Grand a downright
hazardous experience. As the pazents of two children, we are gravely concerned about the
consequences of significantly increased traffic in this already dangerously congested area.
There is a very good reason that Nood{es and Chipotle are usually tocated in strip malls or
downtown business districts rather than residential neighborhoods. They� aim to bring in,
iradividually, some 600 patrons a day. Strip malls can provide parking for such vofuminous
patronage. Residential neighborhoods cannot. Neither the small lot proposed for the two
businesses nor the parking spaces on the street can come anywhere close to handling the parking
crisis that will ensue if these two fast-food restaurants are built.
And make no mistake: these two restaurants are fast-food joints. _ Their fundamental aim is to get
customers in and out of their restaurant in no time, to swiftly fill mostly take-out orders with pre-
fabricated food and keep the line movin�. As fast-food restaurants are explicitly barred in B-2
commercial zones designated for consumer and pedestrian tra�c—precisely the status of Grand
Avenue—Chipotle and Nood�es ate clearly unsuitable as additions to the area (we will not repeat
but ask you to refer to the specific details re;arding zoning law recounted in letters written by
neighbors Charles Hardy and Andrea Hauser, dated February 26 and March 3).
l7
The fact that these businesses hope to evade official classifieation as fast-food restaurants by
having employees rather than patrons bus tables does not change the fact that they are indeed fast-
food restauianTS and will bring to the area all the problems the zoning law is designed to preempt.
Moreover, we find ourselves wondering what kind of sanctions will be visited on Chipoltle if, after
all, and is the case at atl their other restaurants, patrons end up clearing their own leavings and
depositing them in receptacles. Will city officials shut them down? We very seriously doubt it.
Fast-food restaurants aze completely inappropriate for a residential neighborhood. The tr�c and
pazking problems they would create, and the noise, odors, and garbage they would generate would
be intolerable burdens and distractions for residents. There is no reason to green-light this proposal
other than puze greed. There are more suitable sites available that are zoned B-3, such as the
Midway area near University and Snelling. Fast food restaurants don't belong on Grand and wiil
prove a plague to the neighborhood if you let them in. This you must not do.
We urge you emphatically to reject this proposal,
Sincerely yours,
oC9�%�!`1 G C�..���
���.,�� (�-��--�—
David McCandless
Parthenia McCandless
Cc: Mr. TomBeach
Ms. Wendy Lane
350 St. Peter Street, Suite 300
St. Paul, NSN SS IO2
.
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Terry Mullen
1049 Lincoln Avenua
SL Paul, MN 55105
Gladys Morton, Chair
Planning Commission
Go St. Paul P.E.D.
25 West 4"' Stree!
Suite 1100
St. Paul, MN 55102
Dear Ms. Morton,
Apri! 4, 2002
4 wou;d like to r�gister my op�s'siic, ,c Ehe planned bui4oing o; a Chipocie an6 'rioaiie; resiaurent on
Grand Avenue in St. Paul. Whife boh restaurants would like you to think they are not in the 'fast food'
r.
C2i83G(y s vis�t to ona wiif cAnvin� yeu otr�e?wisa. The g:,a: a? bo:h restauranis — es}�ua�iy Ch !fJOtiS —
is fast tumover, much as you s�e at b?cDona!ds or Burger IGr,g. You walk in, you wait in li�e, you order
your food from an ov��ead r� a:�u, ���ur faad is `asse�, �!��' ���;!e you contin•�� �� mcve �rough the
line, you are given the option to eat in or take out, you are precessed, you proceed to a condiment bar,
cl.ilCi t ��an you f•nd a table (b v�i2C� t0 t�i2 fl00i% Oi y0u G3iTY Ciei. Ai�2�:C+0i2�ij�� � Sc2 ici �i�0i2 CIIC12i5
carrying out than eating in.
Both restaurants are nne es:aoiis� �mants. r'rom a cuiin�ry san6perr i'm sure iney are a greai
improvement on the more traditionzl 'burg4r and fries' fas� fo� joints. But th2 fact remains that the
rarson d'etra of bo!h res!aur2nis is fo f�d a, many paop4- �s �ossib!= as q�:c,�cly 2s �ssib�e in order to
meet their corporate-directed R01. In oLher words, fast food
As I understand it, the prope, �y lot they wish to occupy is not zoned for fast food. I didn't draft tne
ordinance, but let me guess why fast food is urnvel�me on this biock of Grand:
• Fast Food generates more traFc and requires more par',�ng than this block c2n handle
• Fast �ood create, trash and littering problems
•'rast Food crea,2s odot � o�iems zno p�st co�roi prebi�;ns
1n terms of property vafues, I can't imagine the addition of h,ro fzst food restaurants in my ba:kyard'will
do much to improve my prosFects.
Another reason
compromise the
restaurants.
Sincere!y,
I don't wani to see fast food restauran:� moving in is 6ecause I think they wi(I
unique quai,y ot Gtand Aver;ue. 4 urga ycu to deny the petiton to buiid thes€
� A-�-
Terry Mullen
�
1042 Lincoln Avenue
St. Paul, Minnesota 55105
Ms. Gladys Morton, Chair
St. Paul P n� Commission
1400 City Hall Annex
St. Paul, Minnesota, 55102
Dear Ms. Morton,
March 30, 2002
RECEIVED �
aPR a s 2ooz
ECAIVdING & ECONOMIC DEYEWp_A1Eld�
We aze writing to eicpress our opposition to the building of ChipoUe Mexican Cm11 and
Noodles & Co, on tke site at 1060 Cnand Avenue. VJe believe that tivs location, which
already suffers from serious traffic congestion, is unsuitahle for these restaurants, which
aze characterized by Iugh turnover and fiigh volume of customers. Tfie traffic in this
block is already problematic — it is becommg aimost impossible to enter onto Grand from
Oxford Street, and almost daily we witness cazs driving the wTOng way down L'mcoln
Avenue to avoid the Lexington/Crrand intersectioa. This situation �il most certainly be
e�cerbated by the high traffic generated by these restaurants.
We feel this traffic will also increase the risk to pedestrians, and we are particularly
concemed about the danger to young clrildren, who frequent the nearby Creative
KidstLiff.
We are awaze that these restaurants will not be in compliance with zonin� ordinances if
they aze classifred as fast food restaurants. We aze fitrther aw°are these restaurants are
playing games with the rules in order to avoid being so classified. For example, they will
hire someone to put away people's trash, rather than bave trash containers in the
restauraat, thereby avoiding meeting ane of the criteria for Past food restaurants. But
such actions do not change the fundamental nature of the establishment, nor do they
cbange the impact on the co�unity.
We welcome the devetopment of tt�at site on Crrand Avenue. However, we hope that it
can be done in a way that will enl�ance our neighborhood, not detract from it.
Thank you for your consideration_
��a �--
Carol A Ogren
��...�.�.. ,�. ��.----=
Douglas L_ Ogren
Cc: Chris Coleman, City Council Member
•
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March 6, 2002
Saint Paul Planning Commission
C/0 �arry.Soderholm
14th Floor City Hail'Annex
25 West Fourth Street
Saint Paui, .Minnesota 55102
•` ;= ,�� i �� b � £, � • .
:_�'i :; � � _.' :. . � ,' i.:.
L*T3f'�'1 Fl1i ..`,-'•
Saint Paul, Minnesota 55105
Telephone 65�-222-1222
Fax 651-222-1558
e-mail summit.#�iIICDstpaul.gov
RE; Request for Public Hearing on the Site Plan for 1060 Grand Avenue.
Dear Members of the Saint Paul Planning Commission:
On beha{f of the Summit Hi11 AssociationfDistrict 16 Planning Council, I am writing to request
that the Saint Paul Plannirig Commission conduct a public hearing on the site plan review for
the proposed building at 106D Grand Avenue. ..
The Summit Hilt Association has.been monitoring the progress of this site plan and has held
a meeting with the developers and surrounding neighbors to discuss the prefiminary plans
for the projecf.
There is sigriificant concern in the neighborhobd thaf the proposed use for this.site is not in
compliance with fhe zoning code. Questiorts about the use of this site for "fast fiood"
restaurants have not yet been resolved. The answers to these guestions have serious
implications for the site plan review process, the future use of these buildings, the developers
and "surrounding neighbors. -
There are also critical questions fhat need to be answered about the saEety of adding
substantial traffic to an already congested and dangerous block.
For these reasons, the.Summit Hill Association believes that a public hearing to examine the
site plan for this project is warranted and therefore asks the planning commission schedule
such a hearing.
Thank you for your consideration of this request. If you have any questions about this matter,
please contact me or Ellen Biales, SHA executive director, at 651-222-1222.
Sincerely,
��� �.
Shannon M. O'Toole
President
- '_ - .'`1.z �° Q
.- _ ..'`���-�....�..
�—
.,
cc: Brad McNaught, Grand Investors 20�1
Councilmember Ghris Coleman
Tom Beach, L�EP
�l
�om Beac - Gran A � �� Page 1
From:
To:
DaYe:
Subject:
> Dear Mr. Beach:
>
> 1 am writing to voice my strong concerns about ailowing construction of
> two new fastfood restaurants to proceed in the 1000 biock of Grand Avenue.
> I am a neighbor on Lincoln (but not on the ailey with Grand), and can,
> like many, testify fo the extraordinary levels of congestion that already
> exist in the area, congestion that is barely tolerable at many times of
> the week and would only 6e exacerbated by the addition of two
> "high-volume, quick service restauranis" (Chipotle's self-descripYion).
> 7hough ostensibfy a cut above a piace like MacDonald's, these two
> restaurants (I have been to both in otherlocations) would nevertheless
> bring all of the same negatives of a fastfood estabiishment to tfie �,
> neighborhood—poNution, litter, odors, late-night hours, noise, high
> volumes of car traffic, and on and on.
> ,.. -
�> Beyond increased tax Fevenues, I fail to see any positive benefit, let '
-> a(one tfie necessity,#o fhe cify tif Sf: Paul of adding _fiiese twa . �
`> establishments to Grand'Avenue: The ne'ighborhooii`s vitality is well known
> and appreciated by residents and visitors— but Grand is very, very close
> to the "tipping poinY'— adding more suburban-strip type commercial �
> establishments may very well tip Grand Avenue's vibrant mix into fhe
> negative zone, ultimately driving people away rather than attracting them.
>
>
> Brian Horrigan
> 1068 Lincoln Avenue
> St Paul MN 55105
> 651-228-1842
> abcd4@ix.netcom.com
>
>
>
>
"Horrigan, Brian" <brian.horrigan@mnhs.org>
"'Beach, Tom at City of St Paul"' <tom.beach@ci.stpaul.mn.us>
?J27/02 9:30AM
Grand Ave
�
�
�
7Z
om��eacii - NO [o fast food esta6lisfimen�Es on'C'irand� 4 w �� -`- Page 1
Qa-'��o�
From: "Amy Levine" <ALEVINE@che.umn.edu>
To: <tom.beach@ci.stpaul.mn.us>, <wendy.lane@ci.sfpaul.mn.us>
� Date: 2/27/02 4:06PM
Subject: NO to fast food estabiishments on Grand
1 am troubled by the possibility thaf city officials could inferpret the B-2 zoning of the block of Grand
Avenue between Oxford and Lexington to permit development of two fast food restaurants like Chipotie
Grill and Noodles. The developers describe them as high-volume and quick service, but not "fast food."
These establishments may be better than BurgerKing, but they still bring noise, odors, late hours, litter,
and a high increase in fraffc to the area. If it quacks like a duck.....!
I have lived and raised a family in the paraliel block of Lincoln Avenue for over a decade, in comfortable
coexistence with Grand Avenue businesses. More of these used to be geared to the daily needs of locai
families * we miss the hardware store, grocery, and dry cleaner formeriy on the biock' but we find
compensation in still having Bober Drug and Wuollet's Bakery, and in the amenities provided by Caribou
Coffee, Great Harvest Bakery, and Mailboxes, Inc., as well as Blockbuster, Creative Kidstufi, Textilis,
Chico's, and Bibelot.
Although they serve local residents, these establishments also bring increasing numbers of customers
who drive from other areas, presuma6ly attracted by the range and quality of goods Qucveyed, but elso by
the charm and accessibility of the neighborhood. These latter qualities are already jeopardized by the
gsowing volume o4 tra�c in the immediate vic+nify. They would sure{y be obliterated by the additional
, 800-9 000 cars per day drawn to the block by these hvo proposed quick-serve eating places.
Traffic on the Lexington-fo-0xford block of Grand is often slowed to a standstili by cars turning into or .
emerging from any of the eight curb cuts aiready on that block. Frustrafed drivers now frequentiy use the
aileylietween Grand and Lincoln to avoid'that delay, often racing through at 35 mph, endangering :�: ;
� chifdren, pedestrians, and resideots pulling out of garages. Inc�easing numbers of drivers illegally turn >
east onto Lincoln, a one-way street heading west, to avoid the, Lexington/Grand intersection. Parking on
Lincoln is already at a premium, due to the increased volume of Grand Avenue business.
This is the highest level of congestion this neighborhood can sustain and still retain its character, its
praperty values, and the quafity of fi4e it provides for residents, business owners, and c�stomers alike.
I agree we need to accommodate businesses if they are to help St. Paul prosper, but not if they will harm
particular areas of the city. Chipotle Grili and Noodles are inappropriate for Grand Avenue. They will
push traffic congestion to untenable levels, discouraging people from shopping or eating here at all. Their
proposed parking lot is laughably inadequate to the developers' own high-vofume estimates, and wil{ have
a negative impact on other businesses on the block. They will force the initiation of residential parking
restrictions on nearby streets. They will make the area resemble a strip mall, without ease of access and
parking.
This Summit Hill neighborhood embodies the St. Paul we love * a viabie amalgam of residential and
commerciaf life, where peopie comfortabty live, work, shop, pfay, and eat in a single area. Don't destroy it
by cramming in more than its scale was meant to hold. Do not allow Chipotle and Noodles to be built on
Grand Avenue.
Sincerely,
Amy Levine
1068 Lincoln Avenue
� St. Pauf, MN 55105
651-228-1842
73
om each -(no su �ecf) � Y4 � �' � � Page 1,
From:
To:
Date:
Subject:
<G reen eBea n ne@aol. com>
<tom.beach@ci.stpaul.mn.us>, <Wendy.Lane@ci.stpaul.mn.us>
2/26/02 2:04AM
(no subjecY)
Re: CHIPOTLE MEXICAN GRIL� AND NOODLES 8� CO. — PLEASE DO NOT SUPPORT
THIS ON GRAND AVENUE
Eerlier we wrote Mayor Kelly and Representative Coleman our concers about the
above. But despite the reasons stated, we understand the issue boiis down to
is whether these resfaurants are fast food resturants. Chipotle says it
needs parking to accommodate high volume, quick service, Quick is fast.
Noodles 8 Co. says that "you're talking about attractng 600 - 800 people a
day...on an average day." Fast food to serve that many people.
There are many reasons we Yhink these establishmenYs should not be permitted
to develop on Grand Avenue. The primary one is the traffic situation. It is
so horrendous that in our personai experience:
1. We cannot cross Grand safely—despite the pedestrian rights law. '
2. We see many vehicles moving off Lexington (persumably to avoid the
fraffic corijection). This is done via Lincoln Avenue, traveling conErary to ,
Yhe estabiished one-way direction on Lincoln Avenue between Lexington and
Oxford or vis.the aifey south'oP Lincoln; "resulting in much non-residental
traffic.
3. We can't get out of our alley onto Lexingtort without a long wait during
the day_ " :
4. We have di�culty accessing the ailey and garage if we return home from
work before 630 pm. 5. Friends won't visit us between 4:00 - 630 PM
because of the congestion they must go through.
7his is the current situation. Adding more traffic to this will make this an
unlivable residential area.
We need to solve the current tra�c probiems creating the above situation
before we increase them exponentially. The solution has been discussed and
researched for years, but the problem continues without any action
diminishing it and making the streets safer for both vehicles and the heavy
pedestrian component.
There are many other reasons we are asking you to not support the development
of these establishments on Grand including: aesthetically inappropriate,
parking unavailabiliriy, possible zoning violations, lighting poilution, air
pollution, rodents and pests due to excess garbage, noise pollution, lowering
ot property values.
Thank you for considering this.
Jane Heaton
Jerry Strobeck
� 048 Lincoln Avenue
St. Paul, MN 55105 651.224.9327
�
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Oa--� ��
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Andrea Hauser
L. Chazles Hazdy
1055 Lincoln Avenue
St. Paul, MI�i 55105
(651) 227-6791
February 26, 2002
Mr. Tom Beach
Ms. Wendy Lane
350 St. Peter Street. Suite 300
St. Paul MN 55102
Dear Ms. Lane and Mr. Beach:
As residential neighbors who share the alley with the businesses on the 1000 block of Grand
Avenue, we are very concerned about the plan to build Noodles and Chipotle restaurants in the
Clark Station lot. The small space cannot accommodate the addition of two high volume fast food
restaurants without a significant negative impact on the already congested section of Grand Avenue
and on the adjacent residential neighborhood.
Nuisance of Two Hi�h Volume Fast Food Restaurants:
r
Section 60.541 of the Zoning Code prohibits stand-alone fast food restaurants in a B-2 commercial
zone designated for consumer and pedestrian traffic. Other Chipode restauzants in the Twin Cities
meet most if not all the criteria for fast food restaurants in secrion 60.216(R). At least 45% of the
floor azea is devoted to food prepazation, wozk space and customer service; ihere are permanent
menu boazds, customers pay for food before eating; there are self-service condiment bazs and trash
� cans for self service bussing, there ue hard finished, stationary seats or tables, and main course
food items are served in plastic baskets and disposable wrappings rather than in washable
dishware.
These chazacteristics enable Chipotle to maintain a high volume business in a small squaze footage
location at a low cost, the very definirion of a fast food restaurant. Two high volume restaurants in
this location will generate more traffic eongestion in an azea which already experiences gridlock at
rush-hour and on weekends. The noise, odors, and gazbage from two high volume fast-food
restaurants will be nuisances to the adjacent residences and businesses, which the Zoning Code
seeks to prevent.
Increased Daneer from Alle�Access to Pazkin� I.oC
We are also concemed about the proposed plan to allow access from a pazking lot behind the
restaurants to the alley between Grand and Lincoln Avenues. As Lincoln Avenue residents
testif a[ the January 22, 2002 meeting of the Summit Hill Association, the proposed alley access
from the restaurants' parking lot would exacerbate e�cisting dangers to pedestrians and car tr�c.
* The alley is already very congested with overflow traffic from Grand and Lexington and
customers of the existing Grand Avenue businesses.
* The access from Grand Avenue between Creative Kidstuff and Chico's to the alley as
well as the access from the Lexington Restaurant and Edina Realty parking lots
creates constant two-way alley trafFic.
� * The narrowness of the alley and the number of pazked cars limit visibility where the
7s
accesslane be[ween Creative Kidstuff and Chico'sinterseetsthe alley.
* Delivery and garbage trucks for the existing businesses block tr�c in the alley.
* Clurently Lincoln Avenue residents fiave difficulty entering and exiting the thirteen
garages on the south side of the alley, particularly on weekends, rush hour and at
midday, when the the proposed restaurants would have the highest volume of
business. Backing a caz out of a garage is especiaIly dangerous because of the
limited visibility.
Secfion 62.104(9)(fl prohibits alley access from off-street parking lots which abut residentially
zoned land across an alley unless it can be shown that alley access would not create or aggravate an
unsafe condition. Here the alley currentty is unsafe. Additional alley access from the proposed
pazking lot would make the situation worse.
We have heazd that the developers and the Ciry have considered alley access from the proposed
pazking lot. To date, Lincoln Avenue residents have received no notice of such a plan as required
by section 62.108(b)(5) of the Zoning Code.
Inadequate Number of Off-Street Pazkin S�aces:
The proposad off-street pazking lot with 35 spaces does not meet the Zoning Code's requirement
of 1 space per 125 square feet gross floor azea. For restaurants with combined GFA of 5,000
squaze £eet, section 62.103(g) requires 40 spaces. For businesses with under 10,000 squaze feet,
the bicycle pazking bonus in section 62.103(1)(a) allows a five-space bicycle rack to substitute for
only one parking space, not five spaces as the developers have groposed. At a minimum, 39
parking spaces are reqaired for the proposed 5,0�0 squaze foot building.
Currently, Lincoln Avenue residents often cannot park near their homes because of overflow
pazking from the customers and employees of Grand Avenue businesses, especially at midday and
eazly evening and oa weekends. Because of the e�sting parking shortage in the area, the Zoning
Code's off-street pazking requirements must be strictly applied.
The addi[ion of two high volume fast food restaurants in this block of Grand Avenue would violate
several sections of the Zoning Code and will have a significant negative impact on the adjacent
residential neighborhood. We urge the Ptanning Commission to seriously consider the negative
effects of the proposed development and to strictly apply the Zoning Code. For the above reasons,
we request that the proposed development of the restaurants be rejected.
Very truly yours,
�.����.---
Andrea M. Hauser
cc; Ellen Biales
Chris Coleman
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L. Chazles Hazdv
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1. APPLICANT:
ZONING COMMITTEE STAFF REPORT
------------------------------
------------------------------
FILE # 02-099842
Grand Investors 2001 LLC DATE OF HEARING: 4/18/02
2. CLASSIFICATION: Site Pian Review
3. LOCATION: 1060 Grand Avenue (between Lexington and Oxford)
4. PLANNING DISTRICT: 16
5. LEGAL DESGRIPTION: See file
6. PRESENT ZONING: B-2 ZONING CODE REFERENCE: 62.108(c)
7. STAFF INVESTIGATION AND REPOR7: DATE: 4/8/02 BY: Tom Beach
8. DATE RECEIVED: 2/13/02 DEADLINE FOR ACTION: 6/13/02 ("60 day" letter was sent)
A. PURPOSE: Site plan review tor a new commerciai building and parking lot. The proposed
tenants are Chipotle and Noodles restaurants.
B. PARCEL SIZE: 18,000 square feet (120' wide x 150' deep)
C. EXISTING LAND USE: Vacant Iot (previous use was a gas station)
D. SURROUNDING LAND USE: Commercial (zoned B-2) to the north, east and west.
Singie-family residential (zoned RT-1) to the south across the afiey.
E. ZONING CODE CITATION: 62.108(c) lists findings that must be made to approve the site
plan. 60.218.R has the definitions of restaurant and fast-food restaurant.
F. HiSTORY/DISCUSSION: The property was used as a gas station until 1999. It has been
vacant since then.
G. DISTRICT COUNClL RECOMMENDATION: The Summit Hill Association (District 16)
requested that a public hearing be held on the site plan. They have concerns about
additional traffic that Chipotle and Noodies would generate and have questions about
whether they are fast food restaurants.
H. FfNDINGS: The first set of findings listed below are the findings ihat must be met to
approve a site pian. The second set of findings address the issue of whether the proposed
uses are restaurants or fast food restaurants.
1. Site plan review Section 62.108(c) of the Zoning Code says that in "order to approve
the site plan, the planning commission shail consider and find that the site pian is
77
consistent with" the findings listed below.
a. The city's adopted comprehensive plan and development or project plans for sub-areas �
of the city.
The proposed building wili be located at the front of the sidewalk with parking behind.
This is consistent with design guidelines in the Comprehensive Plan:
— Designs tor new projects in pedestrian-oriented areas should include buildings out to
the sidewalk, parking that is not in front of the building and screened, windows
facing the sidewalk and architecture that respects the neighborhood context. (1999
Land Use Plan page 27)
— At existing urban village (neighborhood) centers ... require new commercial buildings
to be buiit out to the sidewalk. (1999 Land Use P(an page 71)
— Parking lots shouid be focated at the side or rear of commercial structures.... {1983
Grand Avenue Design Guidelines, page 7)
The parking lot will provide enough space to meet the zoning requirement for
restaurants but no eutra spaces. This is also consistent with the comprehensive pian:
—!n pedestrian-oriented neighborhood commercial centers, the City will support the
provision of just enough commercial parking in smail lots that fit into available space.
(1999 Land Use Plan page 32)
— At existing urban village (neighborhood) centers ... reduce parking requirements for
new development, perhaps by 20 percent. (1999 Land Use Plan page 71)
The 1999 Land Use Plan mentions Lexington and Grand as an exampie of where these
principles are working "A piace like Grand Avenue and Lexington is pedestrian friendly:
parking just barely adequate; it is distributed around and behind buildings; it does not .
overwhelm the pedestrian character of the street; and there are enough buildings to
define fhe pubfic reafm on the sidewafk."
b. Applicable ordinances of the City of Saint Paul.
The proposed use meets the definition of a restaurant and is a permitted use. (See
finding 2.)
The site pian meets the requirement for off-street parking spaces for restaurants.
Thirty-four spaces and a bicycle rack are provided.
No access from the parking lot to the alley is proposed.
The amount of area dedicated to landscaping in the parking lot and the setback
between the parking spaces and the adjacent businesses do not meet the strict
standards of the zonirtg code. However, they are cortsistent with what has been
routinely approved for parking lots on Grand Avenue and other older, dense
commercial areas where the parking lot is located behind the building.
c. Preservation of unigue geo/ogiq geographic or historically significant characteristics of
the city and environmentally sensitive areas.
The site plan will preserve and enhance the historic character of Grand Avenue by �
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cars from using the al4ey.
� j. Sife accessibility in accordance with the provisions of the Americans with Disabilities
Act (ADA), including parking spaces, passenger loading zones and accessib/e routes.
Two accessible parking spaces will be provided as required by the ADA.
k. Provision for erosion and sediment control as specified in the "Ramsey Erosion
Sediment and Control Handbook."
Standard construction practices wili be required to keep sediment from being tracked
off site or going into the storm sewer during construction.
2. Restuarant or fast-food restaurant The property is zoned B-2 and so restaurants
are a permitted use but fast food restaurants are not permitted. A question has been
raised about whether the proposed tenants, Chipotle and Noodles, are restaurants or fast
food restaurants. Section 60.218.R of the zoning code defines fast food restaurants as a
food estabiishment that have four or more of the characteristics listed below. The
applicant has submitted information on the operation of Chipotle and Noodles at this
location for each of these characteristics:
a. Forty-five (45) percent or more of the floor area is devoted fo food preparation,
employee work space and customer service area
According to the floor pians that have been submitted, Chipotie has 42 percent and
� Noodles has 36 percent of the floor area devoted to these functions.
b. A permanent menu board is provided from which to se/ect and order food
Both Chipotle and Noodles will have a permanent menu board.
c. If a chain or franchised restaurant, standardized f�oor plans are used over several
locations
The applicant submitted floor plans for the other Chipotle and Noodles in the Twin
Cities and they all have significantly different floor plans.
d. Customers pay for food before consuming it
At both Chipotle and Noodles customers will pay for food before consuming it.
e. A self-service condiment bar is provided
At both Chipotle and Noodles a self-service condiment bar wili be provided.
f. Trash receptacles are provided for self-service bussing
Chipotle and Noodles typically have self-service bussing but they will not provide it at
this location.
g. Fumishing plan indicates hard-�nished, stationary seating arrangements
� Chipotle and Noodles will not have hard-finished, stationary seating arrangements.
h. Most main course food items are prepackaged rather than made to order.
��
Chipotle and Noodles will make main course food items to order.
Noodles and Chipotle have three of the characteristics listed in the definition of fast
food restaurant.
I. STAFF RECOMMENDATION: Based on finding 1 staff recommends approval of the site
plan.
Based on finding 2 staff recommends that Chipotle and Noodles be considered as restaurants
rather than fast food restaurants subject to the condition that they and any future restauranfs at
this location must operate so Yhat they meet the definition of restaurant and that this condition
be attached to any restaurant license issued by the City at this address.
Attachments
Request for pubfic hearing from District 16 and other letters from neighbors
SiYe plan and floor pians
Location maps
L:Wmanda�ZOninqW Wocs�02-094842apr18zcsr.wpd
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1060 Grand Ave
Saint Paul, MN
55105-3001, US
'ssuaicre�u�e
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All �ah`s ese =d Use Subi=ct [o n+wv"EGN
L cens°ICoovrc`t
Please notify me if any member of the City Council wishes to have slides of the site presented at the
public hearing.
Sincerely,
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Torn Beach
ATTACfIME1VIENTS
Appeal by Grand Investors 2001 LLC . . . . . . . . . . . . . . . . . . . . . . . . . . page 1
Planning Commission resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 3
Planning Commission minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 4
Zoning Committee xninutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 9
Lettars and petition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 14
Staffreport. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 77
Photos. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 82
Site pian and floor plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 89
Location map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 92
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H:\COPoIMONVSite Plan\02099842 Grand 1060kc appeal cover letter.wpd •
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Page 1 of 1
Barb Benson - hearing 6/5/02 1060 Grand
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From: "Mary Mclntyre" <marymcintyre@attbi.com>
To: <ward2@ci.stpaul.mn.us>
Date: 6/3/2002 11:13 PM
Subject: hearing 6/5/02 1060 Grand
Councilmember Christopher Coleman—
Because neither of us is able to be present at the hearing of the Saint Paul City Council on the proposals for 1060
Grand Avenue, we ask that our e-mai! be read into the record.
We write to comment on the proposals for 1060 Grand Avenue.
We live at 1058 Summit Avenue, and share an alley with Grand Avenue.
The addition of iwo fast food restaurants to that property would spoil the character of Grand Avenue east from
Lexington. And this block, on Grand, cannot possibly handle the additional traffic two fast food restaurants would
bring into our neighborhood.
We already contend daily with people who find it hard to park so they can shop at existing retail. They park in
our back yard! They also litter, and we don't want anymore easy sources of litter. Summit Avenue parking
spaces are occupied by vehicles belonging to people who work on Grand. There is space for people to drive by,
but nowhere for 800-1000 more cars per day to stop, in order to patronize 2 fast food restaurants.
We are concemed neighbois, and we do not think that 2 restaurants on the property at 1060 Grand will serve
Saint Paul well, or serve Ward 2 well.
RespectFully submitted,
J. Lawrence Mcintyre and Mary E. Mclntyre
Page 1 of 4
63- ��a
Barb Senson - no Noodies or Chipotle on Grand
t ,
From: "McCandless" <dragon@scc.net>
To: <Ward2@ci.stpaut.mn.us>
Date: 6/4/2002 12:30 PM
Subject: no Noodles or Chipotle on Grand
To Councilmember Christopher Coleman:
We want to urge you in the strongest possible terms to vote against the proposal to build two fast-food
restaurants, Noodles and CMpotie, in the Clazk Starion Lot at 1060 Grand Avenue. Fast-food restaurants
aze completely inappropriate for a residential neighborhood. The traffic and pazking problems they
would create, and the noise, odors, and garbage they would generate would have a ruinous effect on the
quality of life in our neighborhood.
We want to make clear that we are not opposed to developing the Clark Station Lot. We recognize that it
cannot stay empty and welcome the idea of a new business whose mission would hazmonize with life in
a residential neighborhood—and with the sensibility and character of Graud Avenue. Chipotles and
Noodles do not come close to filling that particulaz bill. They belong in a B-3 site, of which there are
many in the Midway azea near University and Snelling
Call me naive if you wish but I honesfly can't believe that anyone on the council would vote for this
proposal. Not after it has already been resoundingly defeated three previous times--by the District 16
Council, the Zoning Committee, and the full Planning Commission. And not after each of those boards
has had the smarts and integrity to call the bluff of these disingenuous developers and their laughable
attempts to dodge the B-2 zoning prohibirion on fast-food restaurants by claiming that, contrary to
standazd practice at all other francluses, the Grand Avenue Chipofles and Noodles restaurants will have
employees rather than patrons clearing tables.
It seems that this particular deviancy will allow the businesses to fall one criterion short of official
classification as fast-food restaurants. But this is merely evasive, insulting niggling. As the old saying
goes, if it looks like a duck, walks like a duck, quacks like a duck, it's a duck. The fundamental aim of
these joints is to get customers in and out in no time, to swiftly fiil mostly take-out orders with pre-
fabricated food and to keep the line moving. They aim to bring in, individually, some 600 patrons a day.
They aze, without question, fast-food restaurants. They will bring to this neighborhood ali the problems
that such establishments bring—the very problems the zoning Zaw is designed to preempt! I simply
refuse to believe that the members of the council are not bright enough to grasp this essential and
decisive fact. The developers have been spectacularly unsuccessful in fooling people to tlus point. How
can we begin to imagine that they will fool you?
But what if they do? If, against all our hopes and expectations, the council approves this proposal, how
can we explain it to our children, who have been following this episode with great curiosity and interest?
Should we tell them that, a11 appearances to the contrary, those previous tluee decisions simply didn't
mean anytivng? That the council members are free to disregard them—and the cazeful deliberations that
went into them— completely? That at this stage of the game the developers' lawyers start lobbying the
councii members with a one-on-one coziness and relendessness that we ordinary citizens simply cannot _
hope to match? That it's possible to get three victories and one loss and still iose the series? That the
developers can appeal a verdict Lhey don't like but we can't?
Page 2 of 4
s �3--Ce� �
, A vote in favor of this proposal will not only deal a devastating blow to the neighborhood. It will shatter
our faith in the local political process and turn our kids into cynics at way too young an age.
�.
Still, we take heart in the fact that facts aze on our side. There is a very good reason that Noodles and
Chipotle aze always located in strip malls or downtown business districts rather than residential
neighborhoods. Strip malls can provide parking for 1,200 customers a day. Residential neighborhoods
cannot. Neither the small lot proposed for the two businesses nor the pazking spaces on the sireet can
come anywhere close to handling the tr�c and pazking crisis that will ensue if these two fast-food
restaurants are built.
There is already, believe us, enough of a pazking and traffic crisis as it is. We have to deal with gridlock
conditions on Grand and Le�rington at rush hour and on weekends, with frustrated motorists
circumventing such traffic jams by racing at hazardous speeds down the Lincoln-Grand alley or even
speeding the wrong way down the one-way block of Lincoln, with patrons of Grand Avenue businesses
taking away parking space from neighborhood residents—all of which make parking and walking
azound one's neighborhood or attempting to cross the street on Grand a downright menacing experience.
As patents, we aze gravely concerned about the consequences of significantly increased tr�c in this
already dangerously congested azea.
There is no reason to green-light this proposal other than pure greed. Fast food restaurants don't belong
on Grand and will prove a plague to the neighborhood if you let them in. Tfus you must not do.
We urge you emphatically to reject this proposal.
Sincerely yours,
David McCandless
Parthenia McCandless
Page 1 of 1
Barb Benson - 7060 Grand Ave. proposal oa-��Q
From: Fran and Maura Roby <fmroby321@usfamily.neb
To: <Ward2@ci.stpaul.mn.us>
Date: 6/4/2002 8:53 PM
Subject: 1060 Grand Ave. proposal
Dear Mr. Coleman,
I am concemed about the expansion proposal at 1060 Grand Ave. by iwo fast
food restaurants, Chipotle and Noodies. This lot is currently a B2 zone,
which precludes the development of this type of restaurant. i have been a
2sident in this neighborhood for several years and I know that this block
of Grand Ave. is already extremely busy with traffic, parking needs, and
business transactions.
There are many other developers who wili want this property who will not
draw the extreme volume of traffic and congestion to this area that ChipoUe
and Noodies will draw. Many other types of businesses can be a prosperous
addition to the business community without the negative consequences that
ChipoBe and Noodles would bring.
I urge you to vote against this particular development and give other types
of businesses the opportunity to develop this lot.
Sincerely,
Fran and Maura Roby
— http://USFamilv.NeUinfo - Unlimited Intemet - From $8.99/mo! —
Page 1 of 1
Barb Benson - Concerned resident
02-�co c�• .
From: Christopher L Eriksen �erik0023@tc.umn.edu>
To: <y�rd2@ci.stpaul.mn.us>
Date: 6/5/2002 8:36 AM
Subject: Concemed resident
Dear Mc Coleman,
i am writing to express my concem regarding the proposed restaurant
developments at 1060 Grand Ave. As a home owner within a half-block of
this site, I can attest to the congestion and safety problems that already
exist on this biock. Illegal parking and near-collisions have become att
too commomplace in our area, and these problems would only be worsened by
the addition of two fast food restaurants.
1 would like to ask for your continued support in blocking this project.
Thank you for your help,
Chris Eriksen
24 Oxford St. S.
St. Paul, MN 55105
(651) 698-3526
Oa-�coo
In order for the Zoning Administrator to determine the classification of your restaurant and to
expedite your license appiication, this form must be filled out and submitted with a floor plan,
site p3an and seating plan fully dimensioned and drawn to scale before an application for a
r�staurant license will be accepted.
DATE
BUSINESS NAME
BUSINESS ADDRESS
BUSINESS MANAGER
DAY TIME PHONE
1. Gross floor azea for restaurant
2. What was the previous business' name?
3. What was the previous use of this building?
4. Ao you intend to have a drive-through window?
5. Ao you intend to serve liquor?
6. Will you have a permanent menu board?
7. If your restaurant is associated with a chain or franchised
business, are standardized floor plans used over severallocations?
&. Will your customers pay for their food before consuming it?
9. WilI you provide a self-service condiment bar?
10. Will trash receptacles be provided for self-service bussing?
11. Will there be hard finished, stationary seating?
12. Are your main course food items prepackaged?
13. REOUIRED ATTACHMENTS
sq. ft.
_ yes no
_ yes no
_ yes no
yes no
yes no
yes no
yes no
yes no
or made to order?
Seating plan_ Site plan Floor plan
`°v:�:a
If you have questions about the information needed, contact the Zoning Administration
Office at 651-266-9008, 350 St. Peter Street, Suite 300, St. Paul, MN 55102
�a_C�c
�'
' 29, 2002
Deaz Councilman Benavav:
I realize the Council's public hearing last Tuesday was the most
appropriate time to comment on the Chapter 355 ordinance changes. I did
not speak up then, but do hope the following can be appended to the
hearing record.
First, I�rongly support ihe request made by Wally Wescott of Wescott
Station , that actian oa the ordinaa�ce be deferred until such time as the
80-plus affected dealers in St. Paul have adequate time for review and
comment.
Councilmau Bostram's direetive that all dealers be supplied with
information on the proposal is welcome and much needed. At the same
time, it seems clear that many, if not most, of the affected dealers had
little or no knowledge of the legislation under consideration as of the
time of the public hearing. If there is no deadline to be met or other
urgent circumstance to consider, a delay of at least a few weeks would
seem appropriate. It almost certainly would result in better legislation.
Secoud, I urge you and other Councii members to pay speciai heed to the
reservations expressed by Lonny Piche of J and E Antiques. Mr. Piche
said he fe3t he could "live" with the ordinance, but was fearfixl it was
verging too close to the Minneapolis ordinance passed five or so yeus
ago.
No small concern. While the statistics advanced by Sgt. Simmons
indicate minimai impact in Minueapofis, by most accounts that city paid a
hea� price in lost antique-related retail business because of its
ordinance. Could the 5#. �aul prop�sal tr'sgger a similar flight of antique
shows or malis? Perhaps not, }�ut I was surprised at a recent meeting to
heaz a veteran St. Paul dealer state flatly that Antiques Minnesota was
"gone" from its University Av. location if the ordinance passed.
Third, we were told the transaction fee revenue generated by the APS
system is to be used to offset administrative costs. The sgstem, according
#o Sgt. Simmvns, was developed by a Minaeagolis police offacer and is in
use m 11�1�nneapoiis. ls the Ai'S system ec3Pyrighted? Are tiiere roya3ties
to be paid?
Finally, when you raised The question as to the scope of the problem, I
found the rationale provided quite uncotrvincing. Sgt. Simmons's reply,
as I recall, was that he didn't know, but was confident the ordinance with
.
its Automated Pawn SystEm data would provide the answer. That's a
little like saying we don't know if it's broken, but we're going to fix it
anyway.
Postscript: Sgt. Simmons has been a pleasure to work with. While I
don't agree with certain aspects of the proposed ordinance, he's certainly
been very acces,sible aud eager to pra�ide answers to ow questions.
Thank you for your rime and consideration .
Sincerel , �� /
� �� i ���
'fed Smebakken, proprietor, Peter's Oldies but Goodies Furniiure
l�i � ���-�v ���� . � s�c,�
oa-���
cc. Wally Wescott
Lonny Picbe