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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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 • • � 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�_ � 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 � � J � � 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. � � � � 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. � `_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�. � � 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 � �IJ 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 �..: --. .�� � �,/ . -. 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. &#61623; When I was 8 years old I was run into by a police car af Clark's. &#61623; 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 • � file://C:\WINDOWS\TEMP\GW}OOOOS.HTM � !/ 5/23/02 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 Do You Yahoo!? LAUNCH - Your Yahoo! Music Experience http•/llaunch vahoo.com � � ba- 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. 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"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. � � � �� G � � 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 � � � oa--��a 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 _ `����r �.�� �� �' j �\\\\\`' _ ; . � � - �µ Z 2� � � �� �:1 • ��'� ; � �-��ti `_ �� �� � - dt:.�� ��� � _...� c . . � � �� „e. `�€�;�.� � ,.� �r� - — : '� I 1 � . 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L`".vik �` �� � J �'� r- �� o-�S.H ' �. .tQ n.. . � -.. r-v _ .r� � . .-�. ,.r ''""`-' s �`�-' e �'�- +•�, � ,,,s3*„x _ �*C e:� tts � � .. 5,�.�� � �. �- tt . .I _ _. � . ,: ' �c �,����� '� 2Et_ � � � _ �r ; a'� _.�-�,, ' `° :.:. ,� � ,;�!r��i l��i`av a� �_ ,� _....,� r�u _ �.,� � � . . � . � _ -a k� _.. � �:,: .: � .. . � r - � ' ` " �— \ — <� �` ��� ,�� _� �. ._ _ ._.:— ..�: .� _ : . . —. :a=_ 4�. �. � � � , .-..�., -. �- .- � 4I� _ :` _.. _, .�� �� ,.- �. _ �, . .- ,.��-... _ : - - _ _..� _ _...._ ��t- _ � , ` � �r � .�-y..� , _ �- � _-, _ _ � �.,' �� > ` �,� � -: - ' � - -.���� m.. ,. ,= _ �,� a 5 �_ � . � , a� �s� `�, ,,\ s� '� i ! • �R _� oa--��� � . � 37 . � a ;�°- -� ' - tf �tl� . , . _ -f� +' < �; �� � ����.- � �' ' t :� r� �� ,�-= a° �"� -. � .: � � �� i�r� ° _ r �' ' �""'� " .�>:; : > � ;; � � ���� � `�_{ i �, s „ r /"� ��_`_ � , - t > � ` ��� . ....._ : _ - � ,�,_-` '� � t J _ _ � - 4 � --- A� . :�'?�^ ,c - .4 � { � � , � .�' � � . '^� � �— t .. " t y � c' ' _ �/ ' � ':'4 l � � u .� _" . � F � !E � �� �`� i i > _ � ��� �� i -}� � �j � �I7fINft� `�� �`. ` r ' - � 1 -..-- �_ �,. �' ~_ '�'- •� � ` ,�� s� j � - � ` �� =,}�. � ' ��-�- � � e� � ; � "- . �.g� .;�: -".-� � �-� - � 1 �{ , � _ �_ A � �d _ � �S"' :'� � �.� �—�� __ � �� �'�'. I � � , � _ n - .. �G :�'—���. " E �� r _ � � � s,rs � � _: . . x-,; �'^' ' " oa--�-��' � 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 �. �-�-; � M � ��s � � '� 2. �'��,wrzenl� I a�Ve ` , ADDRESS la�l L;�.AIti,�� enant 6��-� '31�,' ��IN z�-ner �o n nG A r�cl<� ar�c�2.� q �i n ca In � G w r 4 �u c r� LE KCf�Y 5.� � G�-�Z�.� 6. r'` '• f,r G- 7�5� _i 7. I 2 v��� �� C�.T. \Y1"�� �G�p 9. �' �.� 1 M �� ��� io�tle� I � �1 � � 11��-C�i(A. �� l(t2r � 12. �c?�}� 5 �f�RTN�o �� ' � �-u�z. r ,� l 1'I � -- r ^ d 4 Yd.L 1 . `� \�F � / D/�S� �GC�Z O N�� ( o �/ L ��ti � ol h B-ur�-�,i /0 S S L,n cvG•� �� � �oy3 �.����, L � � L� ���(� ► , ✓: , � � � � � � LL�L OtJneh ��l )�/�-7G, a..� c�e,�c � � ��� �-4- f WIi1-vZ`9 L l y� 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 �.,. 1. 1�el��R��P�ECf�SL-`�� 6;`�,�-�.1� /' �,��o��,� 1'�36 `���� ��,� � � , 2.�52c!�1 ��nu��� 3. ' � ��DE]C.� lo5to L;n i 01,v✓�P� r� !u� 10(c� G�NCcr�✓ v��uh� %��� 4.,�������•(�� ���J� /�7(� L. �L o w�z//,%���;- 5:������u��'��n�ti�� ,- �� . �`L�'�4----�;�� l�!���-i����: ��� � ; � _��, �Lc U= �---._: „ 6. � i, ���ctd,..,�(N�,S.d1t� � 1" l •1.'Y1,t � Q 0��(/Y]/ C�-(%N t UF �•{��L�/C!s."t � :� /��tZ�.•ti,er��, ��e_ "rt�, �Gs�.r�i�jk 6��� 9.TE7zoMe' la�lg" Lr.�cvc.�.A+� ow l OS"'a- l t,v r,, �;v �i v2 c� c. - ��„-� t�. ��1� Rcet7�� � (7°`'� ��reh z� �Ub�'L,i���„ �otiz�;.,��ir o:� n.�.. f i� �'r�-� � �-.�,M-.-. (�....�--}- �Z a�-��b 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.�(�� � R1ClL�LQ, Owner/ SIGNATURE ADDRESS enant �02?� nr�� r��� �_J't txn�" � ' / 0 73 �i:wco-�. �.kr�� ��-Lv' N4 � C� � !e � � L, �c�l�r �'�- O�ir�r ,P C�r�es ���r> ���.�',.�.�.��f� L����lo /'tv�- c-'w�.cr- � �/3 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. � ����� _. , , w �.� � 7 4 n ` � u/ � � � /�a..r/ r � � � 1 � lo. i i. iz. ADDRESS �OX�RC� 5�3 5 / � .:LC-� , i i - . �= / r� � Owner/ Tenant Co -ocune{Z GB-ow �� ���� C� t,c�nec 698�� �s7-6�a - °�- z�L 5 � / <i �q`i-8St $ bw,� e (� �.�I �az— � �. / S�/-o7� T — a oz��.- � yy �Zus�Se.�s�ts i�g1 s�Mn;� NAME 0�-�-�o 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. �. •.,. � •w -- r � 4.�reNe �vl� �/Z/" 8. � 12. ADDRESS l�c�.fl�l�s /6.�� ��s� � , �.. ;. � /L � tn 3z. L;v��,�-._ /d..f � Q� D l' S' Owner/ Tenant 0���� ��� �( r �t s 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 � �t v1� ���-j SIGNATURE ADDRESS /r�Sg _ ��� LE�� U�.C�� � � � r�,�� .'� + . , _ Owner/ Tenant /�o G�- �� �� -Rg� . r�FCr,�s �-- _--. � i � '���/�� ��� �� 3 ` � �-�-��� � � � , � � c�j ���--� 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 i�n 5 f�LY1�! � e t� D � 2 t3�'��t;/v j3%}n�'7c/L 3. ca � �-a �+� S 0.J'� 1�(I� S .Y.�` _0.�t�}� 6. �an� �etcccsdJ � i 7 • � � i � ��/ � �La _ � � l f/ � � ' SI / / � 1� i. r _ " '��' � / 11. .�Z � ef ; �'Y � 12. �1CU,1�.? i �uv f� cE'� Tenant ��-e na hf� r�z �cQ�v� � � �di3 �AN3 �r �R6nz v,n , n 1 srr �n��✓'7�) �� � 1� � �' N t � . to � 3 G�,�..�d t� � �°�--�"- Jfl���!'cn.� �uc <vZ? C7r�,-.� ttv� ���� h "�� i��`3 C-�� -�5 � � . _�i.L'...�.� " � � � / � �� / � � � � � w _ I Jv(� �ra�� �IG � 1 "'�� � l a� '(anc6fl�s �Sl�t�� �f 7 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 / . . / �% �" � - �� 1 • .� � � � / - - [G �� : � ' r a � � � � . �� ( � . • � , � � � � / I I ,� . 0 • _. , , - - .. - .. _ � � ., . � � , _ � t,�,� : � �. , a �,/, t 1 / / 11. d�{'�G� IV� • � �.L P����k- 12. ✓�� �,� � 1 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. , ..�,l� ��Y � � � ' ' , 11l'�Q 6'�..�,._�.r, � �,��'�vyv� �1 ^ T��c�.t.� ;,'/�� ` 1, ;; \ x I A� l ������ � �e�.�n�' t��9 �� �� � ►�� G"�.-.,�,�,,� , , . �` /t �- „ L1j ���i� 1J23 ��� t� '�� i�s� ^; ;C,� � _,,` ' �� ;: �# `rG''a �N" � c�Cc,�r_ �' � %� , � , . . _ _ ___. __ __ , , . . . . � �; ' � � �, , , . . . � o2--s- � � � : I �� . ' : . . .. �� I, ' �� , �� � � � � 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 . , � ' ... ' .. _ . . ' � • �.� . � : � . ..� �; �: _4g' � :•i i � � + � �{ ; � � ; �'.� i . � t.. :. i: ,. : � � � . j . � � .j i .I i 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 • • � ' • � e � G • .; �cc. Brad McNaught arid Ned Rukavina, Grand fnvestors 200�1, LLC �• � • Councilmember Ch i C I i ; �; �: i � ( f : i � ; f �� ; ' � � •. ;. ; ; I i , , I, t' � f� `� ; ; �. , , t � �.�' I 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. : , .• r s o eman d . � . � �° . . l�� � . �, and � �: I � � , � :; ,:��;— ; • : �--� ` �� �. ; � �. , �' i � . i , . i i � . �� � . : ' ' ; ; �; '' . �' . � � � � ' � � �-5uitri�tn i �ebruary 18, 2000 ' I � , . :------ 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.� ' ... � • •� , . . . . . . • � j �• . . . . . � � : .. , _ . . . , .c; ' �, ' ' ' ,� :� � � . . � . � ��: . . � : . , � . ,� (; . . , ., . .. .S(__ . � � {. i , �: i� �: ; �: ; �{; 1 � �., ' y I. i �. i � � �; : 1 . � •. � : 1 . , . � � � . �. , t i ,. : I: : i (� � 1 l. , �..� I � ( : ; . �. ,.. j , i' . f` i • � � . I � • . �. ; I�: , �. � 4 - � I � I , �;. , � Councifinember �hris Goleman • . ' February 78, 2000 . � Page 2 ; �' e 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" ,, � `. . ` �. : I' : ii . .� �. � I' ; j _ � �: �: .. (, 1 • VJ ) 1� I � I �. I' l� I . i . 1: � �'. I a� ;, I 1 ; I i �; , C; t ' i' �. � j `.' ; 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. .. ; i � � ' 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. ? • , � I � � •: �; ; . � � •I I � � �� �° �. , ; 1 � , � '� ! ,�.. � i j . � . I .. • ..�1 •�I incerery, • % a'v'���,fl.v� U `� mes Njus . resident ; � , ' i .' � �Z_ , . � . • ' � - � 0 . . j. �. � I � 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!! � ------------------------------------------------------------ Referer: http•//www stpaul oc� v/mayor/contact mayor.html Remote Nost: Remote IP: 12.75.136.76 Agent: Mozilla/4.0 (compatible; MSIE 5.5; �ndows 95; AT&T WNS5.0) fi1e:/!C:\WINDOWS\TEMP\GW}00004.HTM -�.� SS 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 � �� 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 � file://C:\WIlVDOWS\TEMP\GW}00003.HTM � � 4/10/02 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 �� e • � v���4 � 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 . �J � �g oa--��� L u � 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 • . �d � � � 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 � � � � �y Oa--� �� � 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 ������ L. Chazles Hazdv � � � 7� oa--c�a � C� � 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 � � �a--��c� 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 � 0 ' �Y� �� `.:..L ^ '� �.R.. ... - _- � �3 �2--`�° Z.00�C�r� Wcs� a+, �r�4� � 4' � � �}� ri :' p � ' "T c°.: _ V ' �$' _T'n�?.P' . ��514� �' � �. ° ' , ; — ��Fi�L •_ . 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Sincerely, ���� 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 � H:\COPoIMONVSite Plan\02099842 Grand 1060kc appeal cover letter.wpd • � Page 1 of 1 Barb Benson - hearing 6/5/02 1060 Grand Oa--�ceo 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