HomeMy WebLinkAbout06 25 2012 Agenda packet1. Call Meeting to r�
It
2. Approval ,
3, Consider Approval of May 29, 2012 Meeting Millnutes:
5. Old Business,.,
None
6, New Business,
None
. Announcements and Correspondence-,
Recent City Councili.
®, Adjournment:,
PRIOR LAKE PLANNING COMMISSION MINUTES
TUESDAY, May 29,2012
1, Call to order;
Chairman Phelan called the May 29, 2012 Planning Commission ission meeting - order at 6;00 p.m. Those
present were Commissioners, Ros ak, Bl hnik, Hite, Phelan, and Spiel ,,-.. �r unit r Economic
Development Director Dan Rogness and Community Development Sp � "ist Ca ey McCabe.
2. Approval of Agenda:
MOTION BY RSAK, SECONDED BY SPIELER }
AGENDA AS PRESENTED.
OTE: Ayes} spieler, Rosal, Phelan, Hite and Blahni.
3. Consider Approval of May 14, 2012 Meetl
he Motion carried.
92 2012 MEETING
Phelan made a correction to item number three from the My r- , ,
a 4.
P12 meeting minutes which was the
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Consideration of Approval of the April 23';}#hi*a��912 Meeting Min i �.:;hx Members Phelan and Hite were
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absent from the 23, A AprilPlanninx n `;;xFxY* :x
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: ,fission meeting � x.abstained from voting on the
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approval of the April 23, 2012 meeting minute,;r(.O:
elevation of Prior Lake (904 elevation). The existing house is setback 31.8', the existing lower level
deck is setback 14.1', and the reprised balcony design is proposed to be set back 23.6' from the OHK
Ro ness provided an overview of Prior Lake's city Ordinances related to setback requirements for
residential structures and reviewed the variance criteria detailed in Section 1108.400 of Prior Lake's
City code.
Ro ness stated a similar variance was granted by the Planning Commission in November 2011, This
proposed variance request will allow for the balcony to be constructed 1'3" l* ser to the OHW than was
approved in November 2011; however, the intent of the balcony has not c I � k
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Applicant Bob Welsch, 6424 Conroy street NE stated the cantilev le deck proposed with the
previously approved variance request could not be built a �},,I.' I fall .." osed due to structural
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engineeringconcerns. Mr. Welsch stated the alcor will onl {P,` ;
r e ve ac 4.9 rom the interior of the
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home. Mr. Welsch added the balconyis a part of an overt �J;iwto irnpre &.4je rop part ;additional
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owner enhancements include landscaping improvements Fr l cing a dilapidd oat house at the
adjacent property, which is also owned by Mr, Welsch.
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CommissionerQuestions:
Blahnik asked for clarification that the balcony will not have
Applicant Welsch stated the balcony will hothave a stairwell a
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MU HUN BY PHELAN SECOND BY BLAHNIKT0� :1Q.P.; THE PUBLF
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VOTE: Ages, Spieler, Iosak, Phelan, Hite ��� BlKt�.:i#a ,: Motion
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No one wished to speak at th
A MOTION BY PHEL
VOTE: Ayes, Spieled
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Commissioner Comments
Spieller s
Rosak ,,
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approaariance. Y%k �A Fxs
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HiteY?tae *hat modifications��
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Blahnik s �Y�# hat practical d
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Whelan stater}practcal di
ARING AT 6:15 P.M.
ied.
E THE PUBLIC HEARING AT 6:16 P.M.
The Motion carried,
nice a4d'he will be supporting the variance request.
the variance request a the request is similar to the previously
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rea p -fable and necessary to support the deck.
;ulties&i t and he will be supporting this.
Itles exist and he will be supporting the variance=
A MOTION N BY BLARNK SEtQx N B HITE T APPF VE THE VALIANCE FROM I THE MINIMUM
LAKESH1E STRUd."t'gETBACK OF A GENERAL DEVELOPMENT LASE IN THE R-1 1 lFz:,
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DENSITY 1 ESI ENTIAi:,'� NING DISTRICT TO ALLOW CONSTRUCTION OF A BALCONY,
VOTE: Ayes, Phelan, R kt Blahnik, Hite, and Spieler. The Motion carried,
. Old Business:
None
LA12 FILEM12 PLANNI G C: I MISSION\12 MINUTESWN0 2912.doc 2
6. New Business,
None
7. Announcements and Correspondence:
Rogness provided an update of recent City Council discussions and decisions from the May 21, 2012
City Council meeting, including: a public hearing related to the vacation of utility easements within
adema her's First Addition, accepting of bids and awarding contract fQr thedowntown gateway
Signage to a installed near the Arcadia Avenue C 21 intersection, re r� ��}.�, �a potential City/County
joint
Fik F}Y � I}i agreement for a watershed facility, City Council approvals on t e�� �ntrn nt of Attorneys Richard
I o o r and lard Girouard, and ars overview of the Downtown South�a�t*t � xj �F, rid related oornmitteesi
8. Adjournment:
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MOTION BY PHELRAN SECONDED BY MITE T J , ,+,{T�;�n,.xsn.nvny�ayw. +
�t;�--�E MEETING.
OTE: Ayes, Phelan, Hite, Blahnil, osak, and Bpie1r4�f Motion carried.
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The meeting adjourned at 60:22 p.m.
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LA 12 FILE, \ 12 PLANN1 M 1 10MI2 MINU TESWN0 12,do 3
46,46 Dakota Street SE
P norLake, MN 55372
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Phone 952.447.9800 / Fax 952.4,47.4245
The site currently occupied by the Artisan Coffee Bistro was previously occupied by Verizon; Artisan
has been at this location since February of 2012. The granting of a conditional Use Permit will allow
the existing Artisan coffee Bistro to be in compliance of the city Zoning ordinance for future annual
renewals of the liquor license for the restaurant.
CONDITIONAL USE PERMIT cUPI ANALYSIS:
Section 1108.200 of the city Code sets forth the criteria for approval of a CUP.
(1) The use is consistent with and supportive of the goals and policies of the
Comprehensive Plan.
Two of the objectives of the Comprehensive Plan are to "determine and strive for a
balance of commerce, industry and population J JF and to "maintain high standards in the
promotion and development of commerce and industry." This proposal will be consistent
with the goals, objectives, and policies of the comprehensive Flan provided it complies
with the conditions of approval. Another objective of the Comprehensive Flan is to
"enact and maintain policies and ordinances to ensure the public safety, health and
wel re.,x The proposed restaurant with liquor use would appear consistent with these
policies.
(2) The use will not have undue adverse impacts on the use and enjoyment of
properties in close proximity to the conditional use.
Based on staff review, the proposed use will not be detrimental to the health, safety,
morals and general welfare of the community. The conditions of the approving
resolution are intended to ensure ongoing protection of the community.
(3) The use is consistent with the intent and purpose of the Zoning ordinance and the
Use District in which the conditional Use is located.
Section 1102-1103 5 of the Zoning Ordinance allows a restaurant with liquor as an
allowed use within the C-2 Zoning District. The conditions set forth in the Zoning
Ordinance (Exhibit A will be met with the issuance of the Conditional Use permit.
(4) The use will not have undue adverse impacts on governmental facilities, services,
or improvements which are either existing or proposed.
The use will not have adverse impacts on governmental facilities. No further
construction improvements are proposed with the CUP request.
(5) The use will not have undue adverse impacts on the use and enjoyment of
properties in close proximity to the conditional use.
The use will not have undue adverse impacts on the use and enjoyment of properties in
close proximity. The use is separated from adjacent residential properties by a highly
wooded area with varying topography.
(6) The use is subject to the design and other requirements of site and landscape
plans prepared by or under the direction of a professional landscape architect, or
civil engineer registered in the state of Minnesota, approved by the city council
and incorporated as part of the conditions imposed on the use by the city
Council.
No site plan modifications are currently proposed from the existing conditions on site.
(7) The use is subject to drainage and utility plans prepared by a professional civil
engineer registered in the state of Minnesota which illustrate locations of city
water, city sewer, fire hydrants, manholes, power, telephone and cable lines,
natural gas rains, and other service facilities. The plans shall be included as part
of the conditions set forth in the CUP approved by the city council.
No engineering pian modifications are currently proposed from the existing conditions on
site.
(8) The use is subject to such other additional conditions which the city council may
find necessary to protect the general welfare, public safety and neighborhood
character# such additional conditions may be imposed in those situations where
the other dimensional standards, performance standards, conditions or
requirements in this ordinance are insufficient to achieve the objectives
contained in subsection 110.0. In these circumstances, the city council may
impose restrictions and conditions on the CUP which are more stringent than
those set forth in the ordinance and which are consistent with the general
conditions above. The additional conditions shall be set forth in the CUP
approved by the city council.
Additional conditions to ensure the protection of the general health, safety and welfare of
the public are included as part of the CLIP. These conditions include approval of permits
from other governmental agencies.
CONCLUSION
Staff recommends approval of the conditional use permit request, subject to the following conditions:
a The applicant shall record the Conditional Use Permit at Scott Counter no later than 60 days
after approval.
b The Conditional Use Permit is subject to the issuance of required permits from all applicable
governmental agencies.
c Conditions outlined in Section 1102,1103(5) of the City Code, related to Restaurants rants with
Liquor as a use permitted by a Conditional Use Permit, shall be adhered to.
d No liquor shall be served outside of the 1,410 square feet interior pace; signage shall
inform customers using outside space that liquor is prohibited.
ALTERNATIVES:
1. Approve the CIDP subject to the above conditions.
2. Table this item to a date specific, and provide the applicant with direction on the issues that have
been discussed.
. Deng the request based on specific findings of fact.
RECOMMENDATION:
The staff recommends Alternative 1.
ACTION REQUIRED,-.
A motion and second to approve Resolution olution 12- S PC approving the CIDP, subject to the listed
conditions.
ATTACHMENTS:
. Resolution 2-I PC
2. Location Maps
3. Exhibit
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I . The recitals set forth above are incorporated herein.
2. The Planning Commission hereby adopts the following findings.,
a. The use is consistent wi'th and supportive of the goals and policies of the
Comprehensive Plan.
Phone 52. .980 / Fax 952.447.4245 / ww%,N,.cItyofprj,orIake.com
o. The use is consistent with the intent and purpose of the Zoning ordinance and the
Use District in which the Conditional Use is located.
Section 1102.1103(5) othe Zoning Ordinance allows a restaurant with liquor is an allowed
use within the C-2 Zoning District. The conditions set forth in the Zoning ordinance will be
met with the issuance of the Conditional Use permit.
d. The use will not hair undue adverse impacts on governmental facilities, services, or
improvements which are either existing or proposed.
The use will not have adverse impacts on governmental facilities. No further construction
improvements are proposed with the CIDP request.
e. The use will not have undue adverse impacts on the use and enjoyment of properties
in close proximity to the conditional use*
The use will not have undue adverse impacts on the use and enjoyment of properties in
close proximity. The use is separated from adjacent residential properties by a highly
wooded area with varying topographer,
f. The use is subject to the design and other requirements of site and landscape plans
prepared by or under the direction of a professional landscape architect, or civil
engineer registered in the state of Minnesota, approved by the City Council and
incorporated as part of the conditions imposed on the use by the City Council.
No site plan modifications are currently proposed from the existing conditions on site.
g. The use is subject to drainage and utility plans prepared by a professional civil
engineer registered in the State of Minnesota which illustrate locations of city water,
city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas
mains, and other service facilities. The plans shall be included as part of the
conditions set forth in the CUP approved by the City Council.
No engineering plan modifications are currently proposed from the existing conditions on
site.
h. The use is subject to such other additional conditions which the City Council may
find necessary to protect the general welfare, public safety and neighborhood
character. such additional conditions may be imposed in those situations where the
other dimensional standards, performance standards, conditions or requirements in
this ordinance are insufficient to achieve the objectives contained in subsection
1108.202. In these circumstances, the City Council may impose restrictions and
conditions on the CUP which are more stringent than those set forth in the ordinance
and which are consistent with the general conditions above. The additional
conditions shall be set forth in the CUP approved by the City Council.
Additional conditions to ensure the protection of the general health, safety and welfare of the
public are included as part of the CUP. These conditions include approval of permits from
other governmental agencies.
3. The CIDP is hereby approved, subject to the following conditions:
a The applicant shall record the Conditional Use Permit at Scott County no later than 60 days
after approval.
b The Conditional Use Permit is subject to the issuance of required permits from all applicable
governmental agencies.
c Conditions outlined in Section 1102.1103 5 of the City Code, related to Restaurants with
Liquor as a use permitted by a Conditional Use Permit, shall be adhered to.
d) No liquor shall be seared outside of the 1,410 square feet interior sparse; signage shall
inform customers .,sing outside space that liquor is prohibited.
CONCLUSION
Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use
Permit to allow a restaurant serving liquor within the C -(General Business) Zoning District. The
contents of Planning Case File ##EP 12-117 is hereby entered into and made a part of the public record
and the record of the decision for this case.
Passed and adopted this 25 �h day of June, 2012.
Tom Roszak, Acting Commission Chair
ATTEST:
Dan Rogness, Community & Economic Development Director
This drawing is nekther a legally recorded map nor a survey and is not
intended to be used as one. This draming is a Compilation of records,
ibformation, and data located in va,douz 6ty, county,, and state offices, and
other sources affetVnq the area sho-wn, and is to be used for reference
purposes only. Scott County Is not responsWie for any Inaccuracies herein
contained. If discrepancies are found, p!ease Wnlact the, Scott County
Surveyors Office.
Map Scaler
1 inch = 224 feet
Map Date
6/20/2012
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M. The storage lot shall be located a minimum of 100 feet from an "'R" Use
District.
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City ofPnor Lake
June 1, 2009 11,02/1)64
Zoning Ordinance
e. If the building housing the use is located less than loo feet from an R-1
Use District, the following additional conditions shall be met:
Liquor shall only be served from the hours of 7 am to 10 prn on Sunday
through Thursday and from 7 am to I I pm on Friday, Saturday, and
holidays.
Garbage and refuse collection shall be limited to the hours of 7 arra to
7pm Monday through Saturday and 9 ani to 12 noon on Sunday, as
specified in subsection 601.305.
All customer entrances to the use shall be through a vestibule area with
an inside and outside door.
ufferyard E shall be installed and maintained along the property
adjacent to the R-1 Zoning District. if the -1 and C-2 uses are
separated by a major collector or arterial roadway, time Bufferyard E is
not required. Additional screening material (example: additional
quantity and increased size of coniferous trees), berming, and a solid
fence or wall may be required where additional screening is found
necessary as part of the Conditional Use Permit.
No outdoor amplified music, public address system, or -outdoor special
event is permitted.
(Ord. Arad. 111-02, publ. 02112/11
(6) Shopping centers Over 150,000 square Feet of Gross Floor; Area. Provided:
a. The shopping center must conform to all of the conditions for shopping
centers less than 150,000 square feet of gross floor area.
Ord. Arad. 109-08, publ. 00/09
. In -vehicle sales or service shall only be permitted when It can be
demonstrated that their operation will not have an adverse effect on the
internal circulation of the slopping center, or reduce the level of service to
ar lower level of nearby street and intersections, The use must also comply
with the following conditions:
Drive-through facilities and stacking areas shall not be located adjacent
to any "R" Use District.
bufferyard, Type B as defined In Subsection 1 1 07,2005, shall be
provided between drive-through facilities and stacking areas and
adjacent streets and properties.
Stacking shall be provided for a r ini
y u of 6 cars per customer
service point.
Stacking shall be prohibited on public streets, in fire lanes, and in areas
that interfere with on-site vehicular and pedestrian circulation.
c. outdoor sales/display, other than permitted in Subsection 1101.510(3),
shall only be permitted when_ it can be demonstrated that such use can be
City o, f Pr lor# Lake
June 11 2009 � 110211)65