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.
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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
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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.
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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
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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