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79-02 - Beef Distributor and Retailer CUP ZOA pt 1CITY JF CHANHASSEN 7610 LAREDO DRIVEOP 0 BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: August 30, 1979 TO: City Manager, Don Ashworth FROM: Assistant Manager/LUC, Bob Waibel /o-4/-77 SUBJ: Conditional Use Permit, Ordinance Amendment, H & K Office/ Warehouse APLICANT: Lowell Vetter PLANNING CASE: P-163 As shown in the attached letter of August 8, 1979, from Frontier Meats, the applicant is proposing to establish a bulk retail and wholesale meat distributorship in the H & K Office Warehouse building located in the Burdick Industrial Park. The subject property is presently zoned I-1, however, it is located within the downtown redevelopment district of the HRA. Under the present zoning category of I-1, the wholesale portion of the proposal is a permitted use, however, the bulk retail precludes an ordinance amendment. The applicant has stated that meat products come to the facility pre -packaged and are sold or distributed in the same form that they are received, thus there would be no cutting or butchering on the premises. From a planning standpoint, there are three areas of concern which are as follows: 1). That the H & K building is designed for one space of parking for each 300 square feet wherein the retail requirements of ordinance 47 are one space for each 150 square feet. 2). The HRA downtown redevelopment concept plan shows the subject property to assume and maintain a general business identity. 3). That rezoning of the subject property would blanketly permit a number of retail uses which could prove to produce an undue strain on the parking facilities for the building. In reference to the above items, this office concurs with the HRA concept of the property assuming a business/commercial identity, however, priority must be given to formulating an overlay district that would recognize Mr. Don Ashworth -2- August 30, 1979 and address certain business/commercial uses that characteristically have less intensive parking demands and would be compatible to the site design of buildings such as the H & K building. At this point, I feel that the bulk retail aspect of the subject proposal would fit in such an overlay category. In view of the fact that there presently is no criteria developed for such a district, and that the proposal at hand appears to have low parking demand characteristics and could initiate the use transition for the area as recommended by the HRA, I feel that the city council can be reasonably assured by allowance of the request would not be found detrimental. As shown in the attached planning commission minutes, it was the consensus that the most appropriate manner in which the subject proposal could be permitted would be an amendment to the I-1 provisions of ordinance 47. This office concurs with the Planning Commission decision to establish Frontier Meats in the H & K building through an amendment to the I-1 provisions of zoning ordinance 47 with the exception that the use be considered a conditional use in the I-1 zone and that the city council find the amendment language submitted by the city attorney's office to be adequate. P.S. Any signage for the proposed business is subject to the sign ordinance. -17- (" CONDITIONAL USE PERMIT CASE NO. CUP t& City of Chanhassen Carver and Hennepin Counties, Minnesota APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Date of Application_ Escrow Paid Date Received by: Applicant Name: V F_ F_(C Last / First Initial Address: o 4 l� , 1� �-� !' w SIX 1 Number and treet City State Zip Code Owner: Ve'l Le-2 11 Last First Initial Address: Number and Street City State Zip Code Address of property in question: I t \ a r Legal description of property in question: Present zoning of property: Present use of property: Proposed use of property: The following documents if appropriate shall be attached to this application: Date Received Initial 1. Site development plan 2. Dimension plan 3. Grading plan 4. Landscape plan to, • ,w► IBM Date Received Initia 5. Abstracters Certificate 6. Escrow Account I hereby declare that all statements made in this application and the attached documents are true, and that I shall reimburse the City for all expenses incurred in processing this application for conditional use. �^ Signature of Applicant Signature of Owner Date Received by Title (Following to be completed by Zoning Administrator or City Official) —H- RON-----OLO- --G- - ---------- - --- CY Application on Planning Commission Agenda Planning Commission postponed to Date By Newspaper publication Adjacent property owners notified Public Hearing Planning Commission action Application on Council Agenda Council postponed to Council Action Conditional use contract executed Escrow returned - amount: final Inspection PLANNING COMMISSION RECOMMENDATION On this day of 19 this conditional use permit was recommended for (approval), (disapproval) subject to the. following conditions: ;k; f Chairman -of Planning Commission ,GULAR PLANNING COINIUMISSION i�CETING - August 22, 1979 Page 17 titer Thompson - I think it might be advisable, not in this particular situation but for our ovm information for the development that is going on there. I appreciate the coma ents from the public on this, but I can not feel that the traffic flow of the church is going to be much more than 1% or 20 of the problem, and I would approve their request. Clark Horn - I think back to the statement I made when we went through the corridor study. I believe it was something to the effect that I didn't want to hear about any increased traffic usages on Pleasant View Road, because at that time when we disapproved the corridor we didn't say that we were going to cut off development to those areas. It was very well laid out that night that development would happen in those areas, there would be increased pressure on Pleasant View Road, and the people still did not want a course to relieve that pressure, and I quite frankly can not be very tolerant about the situation of decreasing the traffic. I can't see that this would do it anyway, but that is the general feeling I have on issues of increased pressure on Pleasant View Road. To me the decision was made against an alternative to relieving those pressures and. that. is what people agreed to. Tom Droegemueller - I concur with Walter's comments, I don't think the increased traffic load will be significant enough to be concerned about._ Gordon Freeburg - I very heartily concur with Clark's feeling on this. It was very well brought up that night that we were not going to stop develop- ment. I have no problems with it. _ Roman Roos - I have nothing different to add. Gordon Freeburg moved to recommend to the city council that a conditional use permit be granted- subject to no parking outside the parking area of the church, no lighting on the parking lot except for the curch rear light, and also that concrete curbs and gutters and berming would be on the parking lot as per- Exhibit "Gt' and recommendation of staff. Notion seconded by Jack Bell, and unanimously approved. PROPOSED ORDINANCE yU1,1END_-u NT, CONDITIONAL USE PE114IT, LOWELL VETTER, PUBLIC HEARING Roman Roos called the public hearing to order at 11:15 P.M., with the folloTwing interested persons present: Lowell and Judy Vetter No one else was in attendance for this public hearing. Gordon Freeburg moved to close the public hearing. I;otion seconded by Clark Horn and unanimously approved. The Assistant Manager/Land Use Coordinator gave the staff report on this item. He stated the property is presently zoned I-1 industrial and the HRA downtown redevelopment plan proposes that the subject property assume and maintain a general commercial identity. Presently the I-1 provisions of Zoning Ordinance 47 do not permit retail. r .-. iVOW REGULAR PLANKING C0'r-ui1 _i0N MEETIr� - August 22, 1979 Page 18 He stated he felt rezoning at this time would be premature in light of the parking design of the existing building of 1 space for each 300 sq. ft.. of floor space vs. retail requirement of 1 space for each.150 sq. ft. He stated there is no data other than what the applicant has stated as far as the probable or possible volume v of retail traffic that can'be anticipated. This is bulk and retail in nature, and that should by its nature reduce the number of trips into the area. Some provisions should be worked up that will enable us to allocate the parking sufficiently where this area can attain some kind of a commercial identity, but of a low parking demand nature. Craig Ylertz, the Assistant City Attorney, summed this up stating the Vetters want to have both a wholesale meat operation and a retail operation. The existing zoning is industrial. Under that zoning the wholesale operation would be permitted, but the retail aspect would be prohibited. If you wish to have that retail business on this particular property, there are several amendments to the zoning ordinance that would be possibilities. ;1hatever you do is going to have some effect on the balance of the tenants in the building. You could rezone to C-2 or C-3 which would make the retail meat sale a permitted use. However, it would then make the other tenants in the building illegal. They would be non -conforming uses. That has some undesirable effects. You could change the list of permitted uses in the I zone and say that retail sales of products that are warehoused on an I zone property would be permitted. Walter Thompson stated that Mr. Vetter previously explained that everything was a package situation, not a meat market operation really. Boman Roos asked the possibility that they would rather relocate or at some later time be located up on the street, are you going for a long or short term lease? mr. Vetter stated there is a minimum time of 5 years on.the lease. All the equipment is able to be moved in a very short period of time. Clark Horn stated that it was brought out last time that under industrial, lumber goods Craig ,lerta stated at the moment under the industrial category there is only one retail activity that is permitted, and that is building material sales (lumber yard). Clark Horn said what we are proposing to do since we already have an exception to the industrial, is to add their use on to that. It still stays restrictive. Roman Roos asked if there was a way to handle this on a temporary basis? Walter Thompson - I certainly would not care to have the rezoning done just to take care of this situation, but I would be very much in favor if we can do it on a conditional basis of acceding to this request. Craig r'Iertz - If you wanted to keep the change as narrow as possible, you would add a new category under permitted uses that would perhaps be "retail sales" or "sales of products warehoused on the site incident to a wholesale business's, something of that nature. You can even say a "meat business". REGULARPLAN!:I14G C01-11ISSI 'L:ETIr- -- August 22, 1979 page 19 including building supplies. feel the door is already open by as but Clark Horn - I when we have facilities that can house these things, Lets close the door once we have facilities_ that can I think we can always, Out- house this type of thing, go back and take these uses out of our industrial. not keep them out. This man needs a place of business. If we don't find someplace for Roman Roos - Tn to go someplace else. him he is going going to .jack Bell - If we find a better place in 3 or 5 years, he is probably move there. Freeburg moved that retail sales of meat products incidental to the Gordon Fre g ermitted use under the I-1 zone. Motion wholesale meClaxksornsand unanimously approved. seconded by r moved to amend the Agenda to take care of Item �10. 12 at this Gordon Freeburg approved, time. Motion seconded by Clark *corn and unanimously pP OPEN DISCUSSIA ublic hearings will be called. Other matters Discussion took place on when ere such as zoning and lot sizes were also discussed. �, ion seconded by Jack Bell and waiter Thompson moved to adjourn the meeting. Not unanimously approved. Don Ashworth City Manager / LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 `.c S Q C RAIG M.MERT2 71u.usl� g7, 1979 �r5 � "�n'� I] J OF COUNSEL AUG 1979 t HARVEY E. SKAAR � � MARK C. McCULLOUGH eceive u► c� VILLAGg 01r Mr. Bob Waibe 1 CHANHABggN, Chanhassen City Hall MINN. r Box 147 c`9c' Chanhassen, MN 55317 s�l`Z�ZZZ`20� Dear Bob: TELEPHONE (612) 335-9S6S Re: Zoning Application of Lowell Vetter You have described to us, Mr. Lowell Vetter's proposal to install a meat sales (both wholesale and retail) business in the H & K warehouse building located on Lots 4 and 5, Block 2,_ Burdick Park Addition. We surmise that this proposal would include both cold storage and limited cutting andpackaging of beef halves or quarters which had been dressed elsewhere. You have asked us to respond in writing to the following question: is the. Vetter proposal allowable under existing zoning? We are of the opinion that while the whole- sale aspects of the proposed business would be allowable,: the retail aspects would not be allowable. The subject property is zoned I-1, Industrial District. Section 12.02 specifically lists among the uses permitted in this district: processing, packaging, wholesaling, and warehousing. Section 12.02 does contain a prohibition against: "the processing of animals." We interpret this to be a prohibition against slaughter operations and rendering plants, rather than a prohibition against meat cutting operations. Thus, we find no impediment in ordinance 47 to the whole- sale use proposed. In connection with the retail sales issue, we note that no retail uses, other than "building materials sales," are listed among the I-1 permitted uses. Section 12.03 of the Zoning Ordinance states: 12.03 Accessory Uses. Within an I-1 Industrial District, the following uses shall be allowed as accessory to the permitted use: 1. Subordinate uses which are clearly and customarily accessory to the permitted use. 2. Retail sales of products manufactured on the site of the permitted. use. . We do not believe that the first listed accessory use is applicable because retail sales are not "clearly and customarily" affiliated with meat wholesaling. We do not believe that the second accessory use is applicable because Mr. Vetter will not be "manufacturing" meat on the premises. Bob Waibel -2- 8/7/79 If the City wishes to introduce the retail aspects of the Vetter business into the H & K building, we recommend that the property be rezoned from I-1 to C-3. In this event, Mr. Vetter's retail business would be allowable under §11.04(1) [see also §10.02, subd. 1] upon issuance of a conditional use permit. It should be kept in mind that there are other tenants in the subject building. This rezoning would transform all existing I-1 uses into non -conforming uses and would significantly change the character of the H & K building. Other alternatives would be to amend either the I-1 or C-3 permitted uses so as to include a description of Mr. Vetter's business. A third alternative would be to amend.§12.03, subd. 2. as follows: "2. Retail sales of products manufactured or processed or warehoused on the site of the permitted use." Very truly yours,. a -;;�,74 � CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM:mep Affidavit of Publication Sate of Minnesota ) ) ss. County of Carver ) Stan R o if sr ud CITY OF CHANHASSEN being duly sworn, on oath says he is and during all the time herein stated has been the publisher and printer of the newspaper known as Carver County Herald and has full CARVER AND HENNEPIN knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format COUNTIES, MN. and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly NOTICE OF PUBLIC HEARING ON PROPOSED and is distributed at least once a week. (3) Said news paper has 50% of its news columns devoted to news of local interest ORDINAL, AMENDMENT AND CONDITIONAL to the community which it purports to serve and does not wholly duplicate any other publication and is not made up USE PERMIT FOR LOW ELL V ETTER, entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which CHANHASSEN, MINNESOTA. NOTICE IS HEREBY GIVEN that the Planning it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75'% of its total Commission of the City of Chanhassen, Minnesota will circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local meet on Wednesday, the 22nd day of August, 1979 at post -office. (5) Said newspaper purports to serve the City of Chaska in the County of Carver and it has its known 11:15 p.m. at the City Hall, 7610 Laredo Drive, Chanhassen, Minnesota for the purpose of holding a office of issue in the City of Chaska in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said public hearing to consider a conditional use permit, and newspaper, persons in its employ and subject to his direction and control during all such re ws1�Pe y ] g regular business hours and at amendement to the I1, Industrial District provisions of which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Zoning Ordinance 47 to permit the establishment of a Society. (7) Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates wholesale meat distributorship and bulk meat retail of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, facility at the H & K Warehouse/Office building located 1966 and each January I thereafter an affidavit in the form prescribed by the Secretary of State and signed by the on the following described tract of land: managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. Lots 4 & 5, Block 2, Brudick Park Addition All persons interested may appear and be heard at Pu�11C Hearin He further states on oath that the printed g said time and place. BY ORDER OF THE — hereto attached as a part PLANNING COMMISSION Bob Walbel, Ass't. hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, City Manager/Planner (Pub. in the Carver County Herald on August 8,1979) once each week, for one successive weeks; that it was first so published on`�'�ed• the oth _ -- ------------------- �7 day Aug ' of 14J and was thereafter printed and published on every to and including the day of _ 19__ and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: a bode fg hi jklm no pq rstuv wxyz Im "I"e) Subscribed and sworn to before me this JAlay of— 19-7 q (Notarial Seal) n.MnAAA:, %,W NAAAA'X x LORRAINE LAND n NOTARY PUBLIC-MiNNESOTA `_. CARVER COUNTY 0 3 My Commission Expires June 29, 1982 if .x�V\"J.vVVV VVWVVV%V VVv4vv V W��WV Notary public, czc- v`''"" County, Minnesota My Commission Expires -)� L w9 REGULAR PLANNING COMMISSION MEETING - August 8, 1979 Page 12 Pat Swenson - I think to have individuals like this who have maybe 5 acres, and he can make it economical feasible to sell this off in 10,000 sq. ft. lots, and we wont let him do it. Bob Waibel - The Carver Beach area has an established development pattem that are smaller lots. We recently gave a variance to a guy to add on to his house or improve his property, and he was on a 4,000 sq. ft. parcel.. That is an area that we acknowledge has a previous development pattern of a lower type. It is just a pocket. The problem is that those pockets were created before any planning, zoning, utilities or public improvements were ever put it, and now we are mitigating these problems after the fact of the matter. With these conceota; anything in a group of more than 24 units must be a key district. Pat Swenson -'We are rapidly becoming a city of key districts. Gordon .Freeburg - That's better than non -planned, Pat. Pat Swenson - I'm really not arguing, Itm just asking for a little consistency Gordon Freeburg moved to have the list of 12 points listed by the Assistant City Manager/Planner incorporated as an appendix to the recommendation, and that a public hearing beheld on -August 22, 1979, at a time set by staff. Motion seconded by Tom Droegemueller and unanimously approved. ORDINANCE AMENDMENT CONSIDERATION, AND CONDITIONAL USE PEW4IT CONSIDERATION. LOWELL VETTER The Assistant City Manager/Planner gave a report on the Zoning Application of Lowell Vetter. He submitted a letter in which he described the type of operation proposed. It would be a wholesale beef distributor and retail operation inside the Hanson & Klingelhutz office and warehouse building in Burdick Park, which is presently zoned industrial. He indicated that they would have a low retail type of volume trade. The Assistant City Attorney sent an opinion stating he believed the ordinance should be amended, although it is not all conclusive as to the options. The Assistant City Attorney stated his conclusion is that the wholesale business would be allowable, but the retail business would not be allowable under the present zoning, and he stated if you wish to include the retail in this building some amendment to the zoning would have to be made, either rezone the building to C-3 commercial, or to amend the language in the I section of the zoning ordinance in some fashion to allow this meat business. He suggested possible wording to achieve that. He then went into detail as to the reasoning for the conclusion that this retail was not permissible under the existing zoning. A discussion took place regarding the zoning of this district and why it was zoned that way. Judy Vetter asked how you decided what the zoning would be. She stated she knows the parking makes a difference, but that in a meat store it is no different than getting something in a parts store and coming right out. There is no great traffic in a meat store when there is no cutting on the premises, and there will be none there. It is not a federally inspected house, so there can't be. Everything will REGULAR.PLANNING COMMISSION MEETING - August 8, 1979 Page 13 have to be prepackaged with a federal stamp of approval on it. It will be in bulk quantities such as 5 lb. boxes. Clark Horn wanted to know what problems might develop if we amend the ordinance as is proposed. Craig Mertz stated he is not endorsing this particular proposal, that that is a planning decision. This was just one possible way that you could do it. I think it is just the traffic that should be a planning consideration, the traffic that might be generated by changing the zoning, is it consistent with what you want in your industrial zone? Clark Horn - The problem I have is I don't see anything different with what they are proposing and say selling building material. Maybe we should do the same as what they did here, have another alternative, just include what they are doing in there as was done with building material. The As6istant City Attorney stated it wouldn't have to be decided tonight. The Vetters can pursue the retail aspect, there is no problem with the wholesale. If you want to pursue the retail I suggest a motion stating that the commission will consider at a public hearing several things in the alternative, one would be to include retail meat sales as a permitted use in the I-1 zone, and in the alternative, the commission could also consider rezoning this particular property to C-3. You would then be free to make whatever decision you want to after the hearing. Clark Horn - I would personally favor including their use in the I zone. Gordon Freeburg - If it was rezoned commercial, then any type of a retail operation could come in? Or if it stays industrial and the company that - has space in there now can sell its products, like H & K if they have their equipment there, then they could also put a retail sales office there. Craig Mertz - No I don't think so because that would/Roeta product that was manufactured or warehoused. Walter Thompson - What about Animal Fair? Craig Mertz - They are there because of Grandfather rights, but that is a good example. Clark Horn - So if we did include their operation, we wouldn't be opening up any other doors, only for meat operations. Craig Mertz - It depends on how broad you want to make that exception. Another variation would be to merely add to this list of permitted uses something very narrow like the retail sales of precut meat products, prepackaged meat products. Pat Swenson - I dont think there is any great objection to it, it is just a question of being able to try to fit it in to the ordinances that exist. Walter Thompson - I am very receptive to the idea, frankly, of a meat shop. I would not care to rezone at this time with what other developments that we have coming in. It would be premature on our part to change it again. REGULAR PLANNING COMMISSION 14EETING August 8,1979 Page 14 Clark Horn moved to schedule a public hearing on August 22, 1979, at a time set by staff, for the purpose of amending the ordinance so as to allow retail meat sales as a permitted use in the I-1 zone. Motion seconded by Gordon Freeburg and unanimously approved. DISCUSSION CBD ZONING FOR FRONTIER DEVELOPMENT PARK This item was tabled for clarification purposes. Gordon Freeburg moved to table Item 12 (CBD Zoning for Frontier Development Park) and Item 13 (Appointment to Sign Committee). Motion seconded by Clark Horn and unanimously approved. Tom Droegemueller moved ta-adjourn the meeting. Motion seconded by Clark Horn, and unanimously approved. Don Ashworth City Manager Lowell Vetter 474-4754 FRONTIER MIATS 404 HIGHLAND DR. CHANHASSEN, MINN. 55317 Gentlemen: August 8, 1979 Frontier Meats is interested in leasing space in the Hanson and Kai.ngelhutz building for warehousing and retail sales. We have been in business for over three years serving many of the areas fine restaurants with meat and food items. Presently we have reached the 'limit in growth ability, as buying and selling without warehouse space limits our buying power and dollar. We feel the space in H & K warehouse will enable our small company to grow as the community grows. Presently the sales are approximately 00,000.00 per year and we hope to double this with in a year in wholesale. We plan on selling some retail to the general public . As I said earlier we would be warehousing and distributing, so we would not be doing any cutting or butchering of any meat products. We would offer restaurant quality product -in large quantities with about a five pound package being the smalles in the retail sales. Products carried would be bull ground beef, ground beef patties, various cuts of steaks, sausage products, corn beef, cooked roast beef, fish, shrimp, crab, lobster, and special order items. We project the sales in the retail department would be about 10% of our wholesale sales. The proposed floor layout would be cooler and freezer, office space and a small area for retail sales„ As for parking we do not feel this will be a problem as we won't have a heavy flow of customers, maybe three or four per hour at most. Sincerely, Sowell and udy Vetter FRONTIER MEATS AUG 197.9 � I�> VILLAGR o r. GHA F NHA83�Hr MINKal 1 �r 0 CITE,' OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MN. NOTICE OF PUBLIC HEARING ON PROPOSED ORDINANCE AMENDMENT AND CONDITIONAL USE PERMIT FOR LOWELL VETTER, CHANHASSEN, MINNESOTA. NOTICE IS HEREBY GIVEN That the Planning Commission of the City of Chanhassen, Minnesota will meet on Wednesday, the 22nd day of August, 1979 at 11:15 p.m. at the City Hall, 7610 Laredo Drive, Chanhassen, Minnesota for the purpose of holding a public hearing to consider a conditional use permit, and amendment to the I1, Industrial District provisions of Zoning Ordinance 47 to permit the establishment of a wholesale meat distributorship and bulk meat retail facility at the H & K Warehouse/Office building located on the following described tract of land: Lots 4 & 5, Block 2, Brudick Park Addition All persons interested may appear and be heard at said time and place. BY ORDER OF THE PLANNING COMMISSION Bob Waibel, Ass't. City Manager/Planner (Publish in the Carver Co. Herald on August 8, 1979)