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HomeMy WebLinkAbout5.a. PCExecSumm_LasTortillas_CUP_04252023 EXECUTIVE SUMMARY Planning Commission Regular Meeting: April 25, 2023 Tentative City Council Meeting: May 16, 2023 AGENDA ITEM: 23-18-CUP Request by Las Tortillas for a Conditional Use Permit to allow an outdoor seating area for eleven or more seats. AGENDA SECTION: Public Hearing PREPARED BY: Anthony Nemcek, Senior Planner AGENDA NO. 5.a. ATTACHMENTS: Site Location; Site Aerial; Site Plan; Architectural Renderings APPROVED BY: AK RECOMMENDED ACTION: Motion to recommend the City Council approve a conditional use permit for the Las Tortillas Restaurant allowing operation of an outdoor seating or dining area for eleven or more seats, subject to the following conditions: 1. Approval of a building permit. 2. Approval of an amendment to the applicant’s existing liquor license to allow alcohol to be served on the outdoor dining area. 3. The applicant shall provide a letter with their building permit application from their insurance company indicating that vehicular barriers of a specific design are not a requirement of the applicant’s insurance policy. 4. Provide additional detail regarding proposed plantings, including size. 5. Fencing shall be installed around all sides of the patio so that the only access is provided via the principal structure. An additional, occasional access shall be provided on the east side of the dining area to comply with ADA requirements. 6. No public address system, music, or TV located on the patio shall be audible from a noncommercial or nonindustrial use or district. SUMMARY Applicant: Las Tortillas Mexican Restaurant, Inc. Property Owner: Mark Nivala Location: 15051 Crestone Avenue Area in acres: 3.65 Acres Comp. Guide Plan Desig.: CC-Community Commercial Current Zoning: C4-General Commercial The applicant, Ryan McGunnigle/Las Tortillas Mexican Restaurant, Inc., requests a conditional use permit to allow operation of an outdoor seating or dining area for eleven (11) or more seats. The subject property is located in the Celtic Crossing shopping center at 15051 Crestone Avenue, and staff is recommending approval of this request. 2 PROPOSAL Near the beginning of the Covid-19 pandemic the City adopted policies that allowed for an expedited process to permit temporary outdoor dining areas to help mitigate the impacts of restrictions on indoor dining. These included a waiver of sewer access charges and conditional use permit requirements. The applicant, since the summer of 2020 has been providing outdoor dining in six parking stalls near the entrance to the restaurant. The applicant is requesting to provide permanent outdoor seating in this area, subject to approval of a conditional use permit. The applicant’s plan includes a pergola that will shelter ten four-top tables or seating for 40. The temporary patio has contained 12 tables, as shown in the attached aerial dated April 22nd, 2021, with seating for 48. The outdoor area will feature hanging baskets and concrete planters that will delineate the space and also provide a vehicle barrier. These barriers were recommended by the City’s building official and engineering staff. The area in which the patio will be located is the same as what has been used for the past three summers. In 2010, the Board of Appeals approved a variance that would allow a total of 261 restaurant seats across the entire Celtic Crossing, which was a 120% increase over what would be allowed based on the number of stalls provided on the site. The justification being that one of the other restaurants on the site, Suzie’s Kitchen, sees most of its business in the morning whereas Las Tortillas isn’t open for breakfast and the majority of its business occurs in the evening hours. Currently, between Las Tortillas’ current operation and the other restaurants in the shopping center there are 173 seats on site. The addition of the proposed 40 patio seats will bring that total to 213 seats, well below the maximum of 261. Conditional Use Permit Legal Authority. Conditional use permits (CUP) are considered quasi-judicial actions. In such cases, the City is acting as a judge to determine if the regulations within the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance are being followed. Generally, if the application meets these requirements it must be approved. Purpose. The purpose of conditional use permits is to allow for those uses which are not generally suitable by right within a given zoning district but may be suitable under some circumstances. The burden of demonstrating the proposed use meets the criteria for granting a conditional use permit and meeting all applicable standards lies with the applicant. As a conditional use, outdoor seating or dining areas for eleven (11) or more seats are subject to the general CUP standards outlined in Section 11-10-7 as well as the standards specific to this use in Section 11-4-14.D. These standards evaluate the City’s land use and zoning performance standards and the potential impact of the proposed use on the surrounding neighborhood. These standards and staff findings for each are provided below. Many of the findings have already been proven due to the fact the applicant has been providing outdoor seating and dining for the past 3 patio seasons. 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the city. Finding: The outdoor seating or dining area will not be detrimental to the public health, safety, or general welfare of the neighborhood or the City of Rosemount. 2. Will be harmonious with the objectives of the comprehensive plan and city code provisions. Finding: The subject property is guided CC – Community Commercial by the comprehensive plan and zoned C-4 – General Commercial. Outdoor seating or dining areas for eleven or more people 3 are a conditional use in this zoning district. According to the comprehensive plan, the Community Commercial land use designation is intended to provide retail, professional offices, and personal services that serve the daily and weekly needs of the residents of Rosemount. Close proximity to arterial streets is needed for visibility while individual business accesses shall be provided predominantly from collector, local, or private streets. By comparison the purpose and intent of the C-4 – Community Commercial district is to provide a wide range of goods and services to the entire community. Due to their proximity to major arterial streets, businesses in this district are dependent on large volumes of traffic, thus need to be highly visible and accessible. 3. Will be designed, constructed, operated, and maintained so as to be compatible or similar in an architectural and landscape appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Finding: According to the applicant, the materials used for the design of the outdoor dining areas will be attractive and will result in an overall improvement to the site. This design also conforms to the site and building standards of the C-4 district. 4. Will be served adequately by existing (or those proposed in the project) essential public facilities and services, including streets, police and fire protection, drainage, structures, refuse disposal, water and sewer systems and schools. Finding: The existing shopping center complex is served adequately by existing essential public facilities and services. 5. Will not involve uses, activities, processes, material equipment and conditions of operation that will be hazardous or detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. Finding: While the outdoor dining area will likely create additional noise, this area is located more than 225’ from the nearest residential area and screened by the existing building from the neighborhood to the south. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. Finding: The proposed dining area will not interfere with existing drive aisle. The subject property has direct ingress and egress from Crestone Avenue and 151st Street West as well as access from Shannon Parkway via internal access drives. 7. Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance and will comply with all local, state, and federal environmental quality standards. Finding: The proposed use will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance and will comply with all local, state, and federal environmental quality standards. 8. These standards apply in addition to specific conditions as may be applied throughout this code. 4 Finding: Outdoor dining areas for eleven or more seats are also subject to the specific conditional use permit standards in Section 11-4-11.D as outlined below. In addition to the general conditional use permit standards reviewed above, the proposed use must comply with the specific performance standards for outdoor seating or dining areas for eleven (11) or more seats. These standards along with staff findings are detailed below. 1. The site and enclosure(s) shall be designed to limit the effects of outdoor seating or dining areas on contiguous properties and/or public rights of way. Findings: According to the applicant, the materials used for the design of the outdoor dining area will be attractive and of high quality. The areas will be located approximately 485’ from the 150th Street West (County Road 42) right-of-way and more than 225’ from the closest residential area. The applicant’s plan calls for the outdoor dining areas to include planters along its north side, but it does not include a detailed planting schedule. Staff recommends that a condition of approval require the applicant to revise the plan to include a detailed planting schedule consistent with the zoning requirement to provide a minimum of one planting every ten (10) linear feet, and staff acknowledges the renderings depict this requirement being met. This distance and design will limit the effects of the areas on contiguous properties and the public right-of-way. 2. The seating area shall be located on private property along the front, side or rear of the principal building but shall not be located within a required setback or on the side abutting any residential use or district. Findings: The proposed outdoor seating area will be located along the front (north) side of the southern building within the shopping center and 435’ beyond the required 30’ minimum front yard setback standard. 3. The seating area shall not interfere with circulation in any required parking, loading, maneuvering or pedestrian area. A minimum four foot (4') passageway shall be maintained along the private sidewalk for pedestrians. Findings: The proposed outdoor seating area has been located within 6 parking stalls on the site over the past three patio seasons and no complaints or issues have been observed in that time. The existing sidewalk along the north side of the building will remain. While the construction of the permanent patio will result in a loss of six parking stalls, based on the number of seats within the restaurant and the site overall, the shopping center still meets the minimum required with the approved 2010 variance. Additionally, staff finds that because the restaurant is located at the end of the building, the intent of the second part of this condition is met. 4. The seating area shall be located in a controlled or cordoned area acceptable to the city with at least one opening to an acceptable pedestrian walk. Findings: The applicant’s plans only show a single fence along the north side of the dining area. Additional fencing is required on all sides, with access provided along the eastern side of the dining area for it to comply with the Americans with Disabilities Act. A condition is included that requires the plans include these barriers and access. 5. When a liquor license is granted, an uninterrupted enclosure is required and the enclosure 5 shall only have access through the principal building. Findings: A condition is included that requires the plans to be updated to include fencing up to the building and surrounding the patio. 6. The seating area shall not be permitted within two hundred feet (200') of any residential use or district as measured at the property line and shall be separated from residential use or district by the principal structure or other method of screening acceptable to the city. The minimum distance from a residential use or district may be reduced should the city determine the applicant has added sufficient elements to reduce the impact of this use. Findings: The outdoor dining areas will be located approximately 189’ from the nearest residential district and more than 225’ from the closest dwelling. Staff finds the distance as well as the screening provided by the existing building provide sufficient elements to reduce the impact of the proposed use. 7. No public address system shall be audible from a noncommercial or nonindustrial use or district. Finding: A condition of this approval will note that no public address system shall be audible from any residential use or district. CONCLUSION Staff recommends approval of conditional use permit to allow operation of an outdoor seating or dining area for eleven (11) or more seats at the Las Tortillas restaurant located at 15051 Crestone Avenue subject to the conditions of approval outlined in the recommended action section of this report. This recommendation is based on the plans submitted by the applicant and the findings made in this report. 2383 Pilot Knob Rd Mendota Heights, MN 55120 Phone: 651-203-3000 Fax: 651-455-1734 SouthviewDesign.com Date Date Issue Notes Revision Notes NO. NO. LasTortillas Landscape Design 15051 Crestone Ave Rosemount, MN 55068 Designer: Design Associate: This drawing contains proprietary information which belongs to Southview Design Inc. Any unauthorized duplication or use is strictly prohibited. Released By:__________________ Date Released:____/____/________ Ryan Slipka Chris Barber Print Date:2023-03-02 File Name: 2022-12-20_McGunnigle.vwx Measure Team: Measure Input: Sheet 1 of 5 Scale: 1/4" = 1'-0" TH / 100' TH / 99.95' 99.8'99.75' 99.2'99.1' 99.8' 99.2' 99.15'99.05' 99.65' 99.15' 98.7' Existing Walk Existing Curb Existing Asphalt Lot Existing Asphalt Lot New Fence New Pergola New artificial grass patio Existing Honeylocust Tree