HomeMy WebLinkAbout[03] Nutrition Club •
CM' OF ST. aO EPH Council Agenda Item 3
MEETING DATE: September 29, 2010
AGENDA ITEM: Nutrition Club
SUBMITTED BY: Administration
BOARD /COMMISSION /COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION: Since the last City Council meeting the past minutes of the La Playette
Plat have been researched and immediately follow this request form. Brad Neugart had secured parking
on the vacant lot on the north side of the east /west alley behind the Millstream Shops and Lofts
BUDGET /FISCAL IMPACT:
ATTACHMENTS: 2010 [09] Sep 16 Request for Council Action 3:3
2010 [09] Sep 13 Request for PC Action 3:4 -5
Email Correspondence — Rieland 3:6
Email to Rieland, Neugart 3 :7
Extract of Parking Ordinance 3:8
LaPlayette Plat 3:9 -11
2007 [04] Apr 02 Extract of PC Minutes 3:12 -14
2007 [04] Apr 05 Extract of Council Minutes 3:15
2007 [04] Apr 19 Extract of Council Minutes 3:16
REQUESTED COUNCIL ACTION: Either accept or reject the recommendation of the Planning Commission
recommending the Council require the property owner to secure two parking spaces for the proposed
Nutrition Club.
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pAtArel*
CI tW MT. dt»L Council Agenda Item 61C)
MEETING DATE: September 16, 2010
AGENDA ITEM: Relief from Parking Requirements
SUBMITTED BY: Administration
BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Planning Commission
recommended the Council waive the strict parking requirements for a nutrition club that will be opening
in the second suite of the Teli's Building portion and require the property owner to provide two parking
spaces for patrons and the two employees that will be working must use the angled parking adjacent to
the City Hall parking lot.
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION: See Planning Commission Request for action
BUDGET /FISCAL IMPACT:
ATTACHMENTS:
REQUESTED COUNCIL ACTION: Require the property owner of Teli's to provide two parking spaces for
the leased space for the Nutrition Club and require the employees to park in the angled parking located
adjacent to the City Hall parking lot. This action relieves 4 parking spaces.
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J ILA."ite
crry of KT.,prwwt Planning Commission Agenda Item 9
MEETING DATE: September 13, 2010
AGENDA ITEM: Nutrition Club, request relief from strict parking
SUBMITTED BY: Administration
PREVIOUS PLANNING COMMISSION ACTION: In 1997 the Planning Commission and City Council
considered the request of Mark Zimmer to Plan and create a CIC for the La Playette Property. The
Platting created two separate lots, one for the La Playette and one for Teli's At the same time, the plat
indicated a second suite was located on the lot that would become Teli's. As can be seen from the
following minutes, the approval of the plat did not guarantee rights for leasing the second suite. The
parking that was required at the time was for Teli's only.
BACKGROUND INFORMATION: I received correspondence both from the opener of Teli's, Brad
Neugart, and the proposed tenant, Karen Rieland about the parking and signage requirement for a
nutrition club. In reviewing the Ordinance, a nutrition club would be a permitted retail use, similar to a
coffee shop. The property would be allowed a sign for the second suite, but it must meet the
requirements of the sign ordinance as it relates to wall signs. With regard to parking, based on the
submitted Information indicating a maximum seating capacity of 16, the parking for the patrons would
be four (one space for each for seats) plus one for each employee on the maximum shift.
As you already know, parking in the downtown area is limited and parking at the site is not available.
The Ordnance allows the Planning Commission and City Council discretion in determining the required
parking, using the table in the Ordinance as a guide.
ATTACHMENTS: Request for Council Action 9:1 - 2
Email Correspondence, Rieland 9:3
Email to Rieland, Neugart 9:4
Extract of Parking Ordinance 9:5
Extract of Minutes, April 19 2007 9:6
La Playette Plat 9:7 -9
REQUESTED PLANNING COMMISSION ACTION: The Planning Commission must determine the parking
that will be required for the nutrition club.
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Proposed Nutrition Club Information for space between the La Playette and Telis.
The Nutrition Club concept is a combination of four things:
1. Smoothie Shop
2. Place that provides healthy nutrition
3. Weight Loss Challenge'center
4. Coffee shop environment
The Club will be open from 7:30am to Spm Monday through Friday. The busy times
of the day will be during breakfast and lunch hours when people will cone in for
their "healthy meal". We make meal replacement shakes and serve tea, as well as
educate clients through individual wellness evaluations. The Club will also be used
to facilitate group Wellness Workshops and Weight Loss Challenges. Our focus is on
good nutrition, educating people about good nutrition and giving people nutritious
food. It is a healthy alternative and gets in all the nutrients your body needs in a
modern meal.
We do not have "employees ". You must be a business partner in order to work out of
our nutrition club. Tanya Finken, Dana Gruber and Karen Rieland are the current
club partners. One, possibly two of us will be working at the club at any given time,
and will park in the angled parking by city hall. We are looking at a seating capacity
of 16, which would require 4 parking spaces. We are requesting leniency for 2
spaces and Brad Neugart, landlord, is in the process of securing the remaining 2
spaces. .
•
•
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Judy Weyrens
From: krieland @clearwire.net clearwire.net (RRAD) [krieland@clearwire.net]
Sent: Monday, August 23, 2010 3:26 PM
To: Judy Weyrens
Cc: Brad Neugart; tanyafinken @finkens.com; dmgrubeelive.com
Subject: Info for lease
Hello Judy.
We spoke last Friday regarding information you needed to lease the space next to Telis from Brad. Tanya
Finken, Dana Gruber and myself are looking to lease this space to open a Nutrition Club. A nutrtion club is a
retail outlet where customers would come in daily to get their shake (smoothie), tea and aloe, receive a wellness
evaluation and purchase additional Herbalife products.
We are currently looking at a total seating capacity of 16, with 681 square feet (Brad please confirm footage).
Do you also know the sign allowance currently available for this space as well as the city regulations for
signage?
Please let me know if there is any additional information that you need from us. I can be reached at 320 -492-
0881 or email.
Thank you!
Karen Rieland
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Judy Weyrens
From: Judy Weyrens
Sent: Monday, September 06, 2010 11:59 AM
To: 'krieland @deanvire.net; 'Brad Neugart'
Cc: 'tanyaflnken@finkens.com'; 'dmgruber @live.com'
Subject: Teli's space
Good Afternoon —
In reviewing the Ordinances regarding parking and signage for the open space at Tell's, the following apply:
Applicable Parking
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Applicable Sign Regulations
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The Ordinance allows the Planning Commission and City Council to vary from strict adherence to the parking
requirements in the General Business District. Based on the information you provided, a seating capacity of 16 would
required four parking spaces, plus how many employees you have on each shift.
Since the signage will be placed on the building, it is classified a wall sign, above are the restrictions regarding the
maximum signage allowed. Therefore you can have signage equal to the formula above. Employee parking can always
be located on the angle parking adjacent to the parking lot at the City Hall. I know that the Fire Suppression and Bo
Diddley employees use such.
The Planning Commission meets on Monday, September 13. If you would like to request relief from the strict parking
please let me know and we can have the matter placed on the agenda.
Sony about the delay in getting back to you. Just let me know what you need from . me and we can move this along
pretty quickly.
Judy Weyrens
Administrator
City of St. Joseph
PO Box 668
St Joseph MN 56374
(320) 363 -7201
(320) 363-0342 (Fax)
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ORDINANCE 52 — ZONING ORDINANCE
h) Nothing in this section shall be construed to prevent collective provisions of
off - street parking facilities for two (2) or more buildings or uses provided,
collectively, such facilities shall not be less than the sum of the requirements for
the various individual uses computed separately in accordance with the table, and
Subdivision 4 below, said buildings or uses are within 350 feet of the parking
area.
i) Nothing in this section shall prevent the extension of, or an addition to a building
or structure into an existing parking area which is required for the original
building or structure when the same amount of space taken by the extension or
addition is provided by an enlargement of the existing parking area.
j) No curb cut access shall be located less than twenty (20) feet from the intersection
of two (2) or more street right -of -ways for residential uses, and thirty (30) feet for
commercial and industrial areas. This distance shall be measured from the
intersection of lot lines.
k) Curb cut openings shall be a minimum of five (5) feet from the side property line.
1) All properties shall be entitled to at least one (1) curb cut. Single - family uses
shall be limited to one (1) curb cut access per property measuring no more than 24
feet in width.
Subd. 4 . O$ ingil � The amW� of r0Qmred Df-Btrcet dug Vice
for new uses orinnldmgs, thereto and.additxut¢.to egdietrngbu4ddgs as pealed
Previously, shall be determined in ce the lowing tam and the space so required
and shall be urevocabiy reserved for such ' " ` thixte negmrd�neats shall not apply to uses
in eustnig buildings within the Central iBusiness Distact of St. Joseph The amount of req Trod
off- street parhug in the Central Business Distract far ealabng or;new uses and vmpri vements to
e dshn buildings which do not increase the area used four: Ceinraercira ar residentia l/rental use
that be determined by the Pleaniii g Commission with approval by the City Council prior to the
issuance of a building permit. The amount of parking space required shall be based on the
anticipated demand for parking and loading apace, e l , of visits erated b the
th ®gth � visits generated by particular
business, and the, availability of other parking spaces in the Central Business District. The
Central Business District shall be located within the following boundaries Propmrties-lying to the
West of First Avenue Northeast; lying East of Second Avenue Northwest; lying -North of
Minnesota Street; and lying South of the east/ which is betWeesf Minnesota Street and
Ash Street. The lots within the Central Business District are: Lots 4, 5, and 11 through 15 of
Block 10; Lots 7 through 12 of Block 9, and Lots 7 through 12 of Block 4, all in the Original
Townsite of St. Joseph.
a) Single family, two family non - rental residential units. Two (2) spaces per unit.
b) Boarding house. rooming house. bed and breakfast, multiple family dwellings and
rental residential dwellings. One and one -half (1 2) spaces for each single -
bedroom dwelling, two and one -half (2 2) spaces for each two - bedroom dwelling,
four (4) spaces for each three- bedroom dwelling, and an additional 1.25 spaces for
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Extract of PC Minutes
April 2, 2007
Preliminary Plat — La Playette: Chair Loso called the hearing to order and stated the purpose of the
hearing is to consider a preliminary plat for La Playette. The proposed plat is located North of Minnesota
Street and East of College Avenue and contains 2 lots to be used for commercial use. The proposed plat
has been submitted by Mark Zimmer.
Zimmer approached the commissioners to discuss his plans for the property known as the La Playette.
He stated that he is requesting to split the existing La Playette building and sell the back 1/3 known as Lot
2 which is approximately 3,245 sq. ft. This is the area where the kitchen, dancing and dining areas are
currently located. The proposal is to sell that portion which will then be converted to a pizza restaurant.
They plat will include a common wall agreement between the two businesses. Zimmer stated that he
purchased the additional space in the 1980's and would now like to sell that space to downsize his
operation and get out of the banquet business.
Loso opened the hearing to the public.
Brad Neugart approached the Commissioners as he is the person interested in purchasing the space
from Zimmer. He stated that he plans to use a small portion of the space as office space and the
remaining as a pizza place. The majority of their business will be carry out or delivery.
Loso questioned what the "common war would be constructed of. Zimmer stated that they will construct
whatever is necessary based on the building code. He added that they need to construct a double wall
between the two businesses and that there will be no doors connecting the two.
Weyrens stated that she has done some research into the project and any possible issues relating to
parking. The minutes indicate that in 1984 Zimmer purchased the additional space for the La Playette
and the Council required Zimmer provide 15 parking spaces that are paved and marked. Then, in 1987
Zimmer again appeared before the Planning Commission requesting approval to secure a rental license
for the house adjacent to the La Playette. At that time the Council required three parking spaces.
Therefore, based on past Council actions, Zimmer is only required to provide 18 parking spaces for the
La Playette.
Based on information from the City Attomey the property is operating under the non conforming use
provision. As such as long as the property continues to operate as a bar and restaurant and the floor
area is not increased, that use can continue. In the case before the Planning Commission the use will be
consistent with the past and the proposal actually shows a decreased density.
Weyrens stated that the staff is still working with the property owner regarding the requirement to have
separate utility connections. Currently the facility has separate water connections but only one sewer
connection. The Public Works Director will work with the property owner to assure that separate sewer
connections are provided.
Loso questioned Zimmer as to whether or not they leased some parking space from the Church. Zimmer
explained that although he was not required to do so, the Council suggested that he contact the Church
to come to an agreement whereby the La Playette would lease a portion of their parking lot on East
Minnesota Street for patron parking. Loso then questioned where the additional three spaces that are
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Extract of PC Minutes
April 2, 2007
required for the rental house are located. Zimmer replied that there are two spaces behind the house and
one along the side. Loso questioned whether or not they need to pull a building permit to upgrade the
building and whether or not that would require them to meet the current Ordinance requirements.
Weyrens explained that this is a non - conforming use and that they are not changing the use; therefore
they do not need to make any changes. She added that only new buildings are required to meet current
Ordinance requirements. Zimmer stated that the building has been there since 1984 and they are looking
to decrease the density rather than increase it. Loso questioned whether Zimmer has plans to upgrade
the current parking lot to which Zimmer stated he did not, unless it were required by the City. Loso then
inquired as to how they plan to split the parking between the La Playette and Teli's. Zimmer stated that it
would be part of the Common Interest Plat.
When questioned as to whether or not the Pizza Restaurant will sell alcohol, Zimmer responded they will
not.
Kalinowski stated that she had no questions; however, if they plan to add office space, they would need
to create some additional parking spaces.
Deutz questioned Zimmer as to where the property line is for the rental property. Parking was also raised
by Commissioner Deutz. He stated that if the use is changing, then additional parking would be required.
Weyrens added that they would need to have additional parking with 350 feet if the use changes. The
number of parking spaces is determined by the square footage of office space and there would be 1
spaces required for every 250 feet. Deutz stated that he is concemed with platting a piece of property to
allow for another non - conforming use. Weyrens stated that it is allowed because the use is not changing.
Deutz stated that when the Linneman building was sold and updated, they were required to comply with
the current Ordinances and the use did not change. Weyrens explained that the use did change resulting
in the need to meet current Ordinance requirements.
Anderson questioned Zimmer as to the current capacity of the La Playette and how much it would
decrease with the split. Zimmer stated that the current capacity is 270 and it would reduce to
approximately 125/130 for the La Playette with an additional 31 shown for Teli's Pizza. Anderson stated
that parking does not seem to be a big issue rather he is concemed with new development.
Zimmer stated that, in his opinion, it is better to bring new businesses to town rather than simply
downsizing his existing business.
Rassier stated that the parking has always been an issue with the La Playette; however, there is nothing
the City can do, as they are not changing the use. He did state that the current parking lot is in need of
repairs and striping. Zimmer stated that he would do that; however, he would like to wait until the
development next door is complete. Rassier re- stated to Zimmer that if they add the office space, they will
need to meet the parking requirements.
Parking seemed to be a big issue for the Commissioners. Deutz questioned how the parking spaces
would be divided between the La Playette and Teli's. According to Weyrens, they must have designated
spaces for each. Anderson questioned whether the spots along the street are exclusive to their business
to which Weyrens stated they are not. According to Loso, he would like to see them contact the church to
discuss the possibility of leasing some additional parking spaces.
The public hearing was closed at 8:00 PM.
A motion was made by Rassier and seconded by Graeve to recommend approval of the
preliminary plat entitled La Playette based on staff and Planning Commission recommendations
and contingent upon the following:
• Parking lot must be curbed, tarred and stripped.
• Site Plan approval does not include any rights for leasing of office space.
• Parking spaces for Tell's Pizza must be designated
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Extract of PC Minutes
April 2, 2007
• Separate Utility Connections for water and sewer must be installed
• Submittal of Final Plat Documents including CIC Documents.
Ayes: Ressler, Graeve, Rieke, Kalinowski, Anderson, Deutz
Nays: Loso Motion Carried 6:1:0
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Extract of City Council Minutes
April 5, 2007
RASSIER
Planning Commission Meeting Update: Ressler advised the Council that the Planning Commission
recently met and discussed the possible splitting of the LaPlayette property. Mark Zimmer, owner of the
La Playette, has requested authority to split the building so that a portion can be sold to a new business.
Rassier stated that the main focus of discussion was parking; however, due to the fact that they are not
changing the use, the City cannot require any additional parking. Weyrens added that when the
LaPlayette was originally built, the Zoning Ordinances were not in place. Zimmer is required to have
parking for past approvals such as when the building was increased in 1984. This addition required 15
parking spaces. Weyrens stated that the matter will be placed on the next City Council agenda and the
parking detail will be included.
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Extract of City Council Minutes
April 19, 2007
Preliminary/Final Plat — La Plavette: Weyrens advised the Council that in April the Planning Commission
reviewed the Preliminary Plat for the La Playette and recommended City Council approval of the plat as
well. Mark Zimmer approached the Councilors on behalf of the La Playette. He stated that he is planning
to sell the back 1/3 of his building for use as another restaurant. When questioned about the awning on
the building, Zimmer advised the Council that the awning may be partially removed except for the area
above the doorway, but he does plan to replace the facade. He was unsure as to what the new owner
was planning to do on the front of his portion of the building.
On behalf of the Planning Commission, Rassier stated that there were some questions relating to whether
or not there are two separate sewer services available to the property. According to Weyrens and
Zimmer, they were able to locate another sewer line so both businesses will have their own service.
Rassier added that parking was another concern of the Planning Commission. Based on review of City
Ordinances and past Council discussions, he advised the Council that they cannot require Zimmer to
provide any additional parking spaces as they are not changing the use of the building.
Frank questioned how the sale of this portion of the La Playette will fit with the development to the East.
Weyrens stated that Collegeville Development Group plans to break ground in May. Once the Millstream
Shops and Lofts are complete, then the alley will be paved. Zimmer added that they plan to execute the
Purchase Agreement in mid -May.
Symanietz made a motion to accept the recommendations of the Planning Commission and
approve the preliminary and final plat entitled La Playette with the following contingencies:
• Parking lot must be curbed, tarred and stripped.
• Site Plan approval does not include any rights for leasing of office space.
• Parking spaces for Tell's Pizza must be designated
• Separate Utility Connections for water and sewer must be installed
• Submittal of Final Plat Documents including CIC Documents.
The motion was seconded by Frank and passed unanimously.
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