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HomeMy WebLinkAbout110998REGULAR PLANNING COMMISSION AGENDA MONDAY, NOVEMBER 9, 1998 6:30 p.m. 1. Call Meeting to Order: 2. Roll Call: 3. Approval of Minutes: 4. Public Hearings: A. Case File #98-135 Larry Mechura dfo/a P.D. Arcade and Billiards is requesting a conditional use permit to operate an arcade with billiards in the B-3 District (Priordale Mall.) 5. Old Business: A. Case File #98-108 Eagle Creek Villas requesting a height variance for Creekside Estates, Assisted Living Facility located at the intersection of Five Hawks Avenue and Priorwood Street. New Business: Announcements and Correspondence: Adjournment: rL:~9%FILl~98PL~COJ~I~PC.t~JSI~IDA~O.I 109~8.D~C 16200 Lag~e ~reeK ~ve. ~.r~., ~nor Lat<e, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER PLANNING COMMISSION MINUTES NOVEMBER 9, 1998 1. Call to Order: The November 9, 1998, Planning Commission meeting was called to order by Chairman Stamson at 6:35 p.m. Those present were Commissioners Cramer, Kuykendall, Stamson and Vonhof, Planning Director Don Rye, Planner Jenni Tovar and Recording Secretary Connie Carlson. 2. Roll Call: Vonhof Absent* Kuykendall Present Criego Absent Cramer Present Stamson Present *Commissioner Vonhof arrived at 6:36 p.m. 3. Approval of Minutes: The Minutes from the October 27, 1998 Planning Commission meeting were approved as presented. 4. Public Hearings: A. Case File #98-135 Larry Mechura d/b/a P.D. Arcade and Billiards is requesting a conditional use permit to operate an arcade with billiards in the B-3 District (Priordale Mall.) Planner Jenni Tovar presented the Planning Report dated November 9, 1998 on file in the office of the City Planner. The City received an application for a Conditional Use Permit (CUP) from Larry Mechura on September 28, 1998. This item is a result of Ordinance 96-24 which was adopted on September 16, 1996 permitting Game Rooms in the B-3 General Business District as a conditional use. Staff, the Planning Commission, and City Council supported the ordinance amendment as a conditional use. Staffis of the opinion the proposed use would be appropriate to the location given the recent ordinance amendment to allow game rooms as conditional uses. Staff recommends the Planning Commission approve the CUP with the conditions specific to ordinance 96-24 such as hours of operation and supervision to be incorporated into the resolution. Resolution 98-34PC approves the Conditional Sign Permit for the proposed use. 1 :\98files\98plcomm\pcmin~rm 110998.doc I Questions by Commissioners: Cramer questioned staff on the conditional use permit being transferable if the business is sold to another owner. Tovar explained a Conditional Use Permit runs with the property not the owner and went on to explain expansion and uses. Kuykendall questioned staff on what is to prevent furore applicants from applying for a liquor license. Are there are restrictions in the Conditional Use Permit for future use? Tovar said the Commissioners could make it a condition and gave a brief overview of the permitted uses in the zoning ordinance. Comments from the Public: Larry Mechura, 16587 Five Hawks Avenue, sees a need like this for the youth of Prior Lake. He is basically targeting the 18 to 21 year olds, but would like to pick up younger kids as well. The curfew will be enforced. He feels the time factor of closing at 1:00 a.m. would work well. He does not want clientele leaving the bars to come in to this establishment. Comments from the Commissioners: Vonhof: · Agreed with applicant, it is a good idea for the younger people to congregate. · Questioned the sound system in the building. Mr. Mechura responded AAA Vending will be handling the system. He could have ajuke box or a system with just speakers. They do not want to create a large area for dancing, the music will just be on the billiard side. The volume will be controlled behind the bar. · The parking lot should be posted with "No Loitering" signs. There would have to be control and should be a condition of the permit. · Another condition would be to come back at the end of the year, before the Commission, with a report from the police department to see if there are any issues to look at. Kuykendall: · Agreed the renewed annual Condition Use Permit is appropriate. · Question to staff- What is the position of the property owner? The property owner is not present and should be aware of the conditions. Tovar explained Mr. Mechura is working with the property owner and the conditions must be met to get the permit. · How will the nearby patrons be controlled who might bring in liquor? Mechura stated no liquor or smoking will be allowed. He will also be installing new bathrooms within the facility. A gate will be put up in the mall preventing other mall patrons from entering. · Listing no mall traffic during evening hours should be a condition. · Feels "No Smoking" should be one of the conditions. · Mechura is aiming at Christmas or after the first of the year for opening. 1 :\98files\98plcomm\pcmin~nn 110998.doc 2 · Mechura explained the mall entry and arcade access. · Tovar clarified "adult over the age 21" and "adult". Cramer: · Main issue was reviewing CLIP after one year with a police report. · Supportive of application. There is definitely a need in this area. · Restrict smoking. · Fantastic addition to the area. Stflmson: · Feels comfortable with the application. Applicant has really thought out what he is doing and has taken pro-active steps for most of the Commissioner's concerns. · Agreed with Vonhof on loitering. · Other concerns have been addressed. · Support reviewing the application in a year. · Disagreed with Commissioners on the traffic flow inside the mall. That should be up to the property owner and applicant. The City cannot control traffic in private property. · Support applicant's position to make the facility non-smoking but making it a condition is not part of land use and not part of our realm of setting rules. The public hearing was closed at 7:00 p.m. Open discussion: Kuykendall: · No Smoking Rules - does not see it any different than uses on the lake. For example regulating the type of food that could be served at the marina. · Not uncommon to be specific on the conditions. · We are encouraging and attracting youth. Stflmson: · Over limiting on our part. Vonhof: · Agreed with Kuykendall. Although this applicant agrees there should be no smoking, the next applicant may not. Anyone under age 18 cannot smoke. Stamson: · Agreed, the target is youth, and strongly agree there should not be smoking, but this is not a land use issue. We are micro managing inappropriately as a land use planning commission. Rye said he could make both arguments equally well. There are regulations to protect public health, safety and welfare. The question is, how far do you want to take that 1 :\98 files\98plcomm\pcrnin'a'nn 110998.doc 3 concept in establishing regulations for a particular land use? On the other hand there is an ordinance (State Law) stating people under 18 cannot smoke. It is really a judgment call on the part of the Commission. Kuykendall's concern is the relative location to Hooligan's and if certain controls are not in place there could be problems. There is potential for problems in an establishment like this where kids are under age. Anything to encourage a healthy environment would be positive. Commend the applicant. The Commission has the oppommity to come back. Vonhof felt in this particular business the management is critical. This does tend to become a land use issue in terms of what happens with the clientele, what type of clientele and who comes to this business. What kind of atmosphere? One full of smoke has a different atmosphere and is not for juveniles. For this to be a success over time it is important the right message should be given out. Kuykendall is sensitive to the potential impact on the degradation of the neighborhood. We have to set a visual image from the street that this is a positive environment for juveniles. As leaders of the community we should do the best we can for the youth. It is how we position this in the eyes of the community. Set high standards. Cramer stated he supports a non-smoking condition. It will go a long way in preventing people from Hooligan's from coming over to play pool. As far as controlling the access to the mall after it closes, it is up to the property owner. Kuykendall said to be aware of the decibel level. It is a sensitive issue. The right steps have been taken by the applicant to control. After discussion the Commissioners added the following conditions to the conditions listed in the staff report: · "No loitering" signs posted in the parking lot. · Review the Conditional Use Permit after one year with a police report of activities. · The sound be controlled and located inside the building. · The use will be non-smoking. Neil Boderman, owner of the Priordale Mall, explained there is a mall bathroom. The applicant is planning to add an additional bathroom within the facility. Mr. Boderman explained the gate access. MOTION BY KUYKENDALL, SECOND BY VONHOF, RECOMMENDING CITY COUNCIL APPROVE THE CONDITIONAL USE PERMIT WITH THE FOLLOWING CONDITIONS: 1. The hours of operation shall be consistent with Section 10-3-10 of the City Code, including future amendments to Section 10-3-10, relating to curfews. 1 :\98files\98plcomm\pcminkmn 110998.doc 4 2. An adult over the age of 21 shall be on the premises during business hours in a supervisory capacity. 3. "NO LOITERING" signs are to be posted in the parking lot in front of the proposed use. 4. This CLIP is to be reviewed one year from the date of approval (November 1999). Such review is to include a police report and detail of activities or problems occurring with the use. 5. The sound system is to be controlled by employees of the game room and located inside the building. 6. The site (leased space) shall be designated as a non-smoking area. 7. The applicant must obtain all necessary building permits and certificates of occupancy prior to occupying the leased space. 8. The applicant has until one year from the date of adoption of the resolution by the City Council to complete the required improvements and record the resolution or the Conditional Use Permit becomes null and void (Section 5-6-8). A certificate of Occupancy will not be issued until proof of recording of the resolution has been submitted to the City. Kuykendall explained to the property owner, Neil Boderman the concern for "No Loitering" signs in the parking lot. Mr. Boderman said he had no problem with that condition. Stamson said he does not support the "No Smoking" amendment and felt they were overstepping their role as a planning commission. Vote taken signified ayes by all. MOTION CARRIED. MOTION BY KUYKENDALL, SECOND BY CRAMER, APPROVING RESOLUTION 98~34PC GRANTING A CONDITIONAL SIGN PERMIT TO PERMIT A WALL SIGN FOR A CONDITIONAL USE (GAME ROOM) ON PROPERTY LOCATED AT 16760 TORONTO AVENUE (PRIORDALE MALL) FOR LARRY MECHURA D.B.A.P.D. BILLIARDS AND ARCADE Vote taken signified ayes by all. MOTION CARRIED. This matter will be heard before City Council on November 16, 1998. 5. Old Business: A. Case File #98-108 Eagle Creek Villas requesting a height variance for Creekside Estates, Assisted Living Facility located at the intersection of Five Hawks Avenue and Priorwood Street. The Planning Department received a variance application from Eagle Creek Villas, to permit the height of a proposed assisted residential living facility to exceed 35 feet. The 1 :\98files\98plcomm\pcminhmn 110998.doc 5 applicant has submitted a letter withdrawing this request. No additional action is required. 6. New Business: 7. Announcements and Correspondence: · Note workshop with City Council on November 30, 1998. · Stakes are on the ring road for Commissioners viewing. · There is a business retention workshop through the EDA on November 17, 1998. · Tomorrow is the closing date for the bids for the Downtown Redevelopment plan. · Highway 13 truck traffic. Suggest MnDOT study and do signage forjake braking. Kuykendall suggested the public works director attend the FEMA seminar on debris control. Add another item for City Council/Planning Commission workshop is to look into redirecting truck traffic off Highway 13. Interested in weight restrictions as well. Include the new roadways (County Road 21) and change in traffic patterns. Suggest staff visit with MnDOT on destination flows. 8. Adjournment: The meeting adjourned at 7:28 p.m. Donald Rye Director of Planning Connie Carlson Recording Secretary 1 :\98 files\98plcomm\pcmin~nn 110998. doc 6