HomeMy WebLinkAbout11 05 2012 Agenda Packet. Approval of Agenda:
3, Consider Approval of October 1 , 2012 Meeting Minutes:
. Public Hearrin s:
A. #EP 2-123 TEI ESA'S MEXICAN RESTAURANT C.U.P. Felipe Mata is requesting ar Conditional
Use Permit to serge liquor in a restaurant in the C-2 (General Business) Zoning District, The
subject site is located in the Crossroads Center off of TH 13 and Boudin St.
. old Business:
None
. ler Business:
None
Announcements and Correspondence:
A. Decent City Council discussions/decisions.
B. Discuss the November 26th City Council work session (all boards and commissions annual reports).
, Adjournment;
LA 12 F1LF 112 PLANN ING COMMISSIO \12 A ENDAM110512 Agenda.doc
Phon 952.447.9800 / Fax 952.447.4245 / ������wxR3 ��' �-io�-1a . o��i
PRIOR LAKE PLANNING COMMISSION I INUTES
MONDAY, t b e r 15, 2012
1, Call to Order;
Chairman Phelan called October 15 2012 Planning Comm issl Y�etln to crier at 6:00
.r . These present were Commissioners, Blahnik, Phelan�,R.
, s , elite and Spieler}
Community and Economic Development Director Dan Rognes •� r}�} . ner Jeff Matzke
fir}
2E Approval ofAgenda:
MOTION BY PHELAN, SECONDED B SPIELER ��A J- APPROVE THE _0r�F�+. BE 15, 2012
1111 E ET I NG AGENDA AS PRESENTED.
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TE; Ayes, Blahnik, Spieler, Hite Fesak and+*1Ok, The:Ketien carried,+:* i
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3. Consider Approval of August 13, 2012 eetiri�*'M rri
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MOTION BY BLAHN1Kx SECONDED B�'•;H: ELAN TO APPR�0'}.�■ THE SEPTEMBER 7, 12
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4. Public Hearings: A'a T, ■ R# F iT,
, 2- 22 STEVEl +�ROMAEAR FARO SET-13"CK v4f 1 { aCt Bruce Stevenson is requesting
arlane from ;*inn rF�'r�►#rd set ,F the F-'C(Low Density F`r1a1 Zoning
District to eenstr e *:: �Et n ;; �s res ent�a �: ,r� ■ The property is located northwest est f
Lakefront Park on lower ° _r Lak ' ff_ f West v �����'�
Planner I'l it f��F.• ,Stev n'n r of the subject property, is requesting estin a
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■ ��E rearR�: setback of a re �n the(Low Density l�sen-
gran .�;n t nln-�tit r■ ■.
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tial) 1po. Red at '1 7 711 �:� }, ;: o -6`E 1� �r � rt �� I t al I n t �t-ern � r � offxLake, north, .� nt HW.Y.,
�.,}.�� The proposed variance is .7 feet variance from
the re ui�ni�urn f`'rear y;dfd set -back. There is a 10 feet utility easement behind
the subject l �t :tn e that
ea, prnent is in place if variance is granted there will still be
significant builaf6y
paratiq,A"'between the subjectr art n crr behind.
Commissioner Qued
Hite asked the utilities that are currently in the easement behind the homer they will net be
impacted if this variance 1s granted?
Planner Matzke a responded that 1s correct staff looked into the location of the utilities in the
easement and there will not be any interference.
Blahnik asked the city ordinance allows for 30 percent impervious surface, the survey states
the impervious surface is at 40,2, is it currently at 40.2?
I
Planner Matzke responded yes it is currently at 40.2. The City's ordinance allows for property
owners to move around or maintain their current non -conforming rr in impervious surface. when
adding additions people will often remove hard surface elsewhere to allow for the addition of
hard surface somewhere else.
MOTION N BY SPIELER SECOND BY ROSZAK TO OPEN THE PUBLIC HEARING AT 6:15
P
TE: Ares, Blahnik, Spieler} Hite} Roszak and Blahnik. The lletieny,_arrle.
No Public Comment
MOTION B HITE SECOND BY BLAHNIK TO CLOSE THEk** _ BL[8`*`w I*� AI ING AT 61.16 PIS
TE; Ayes Blahnik Spieler Hite F e Zak and Blahnik Metie 'i*
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Commissioner i siener Com ents: a++���,.� .;;.�r:.�`.r r raf.
eszak stated his support and that it is concis
Hite stated her support of the variance do to the sang
area.r
Spieler stated his support for the varianc6
Blahnik stated his support, the variance d
Phelan stated support F� ',`t
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k$. r of the let and topography of the
,difficulties criteria
e 2030 Comprehensive plan and
l? PROVE A RESOLUTION APPROVING
READ YARD SETBACK TO ALLOW FOR A
PROPERTY WITHIN THE i--1 ZONING
sZak and Blahnik. The Motion carried.
, Announcements and Correspondence:
A. Recent City Council Discussions/Decisions.
a
Director r ogee s presented certain items from the September 24th and October 8th City
Council Meetings.
8. Adjournment:
MOTION BY BLAHNIK, SECONDED BY SPIELER TO ADJORN THE MEETING.
VOTE: Ayes, Blahnik,--lite, Roszak, Phelan, and Spieler. The Motion carried.
The meeting adjourned at 6:24 p.m.
The Planning Commission adjourned to a work sessi
amendments and areas related to the 2030 Comprehensiv
Peter Al ritt$ Community Development ent Assistant
3
ordinance
AGENDA ITEM:
SUBJECT:
4646 Dakota Street S
Prior Lake, MN 55372
PRESENTER*
PUBLIC HEARING:
DATE
INTRODUCTION:
PLANNING COMMISSION AGENDA REPORT
A
PUBLIC HEARING To CONSIDER A CONDITIONAL USE
PERMIT To ALLOW A RESTAURANT To SERVE LIQUOR
IN THE - (GENERAL BUSINESS) ESS) ZDISTRICT
JEFF MATZKE, PLANNER
X `SEs NO -N/A
NOVEMBER 6, 2012
Arturos LLC has applied for a conditional use permit to allover a restaurant with liquor in the C-2
(General Business) Commercial Zoning District. The restaurant is the Teresa#s Mexican an Restaurant, a
commercial tenant within the Boudin Crossings Center. The site is located at 5880 Boudin Street.
Section 11 2.1 00, C-2 General Business Use District of the Prier Lake Zoning Ordinance, states that
"Restaurants and Clubs and Lodges with Liquor's require a Conditional Use Permit as further identified
in Section 1102.1103(5). This section includes conditions that must be met (a -e) as shown in the
attached ordinance,
The City Council grantedOn-Sale Intoxicating andOn-Sale Sunday Licenses to Teresa's Mexican
Restaurant on October 22nd that is effective November 1, 2012 through Jure 30, 2013; however, the
council's approval is conditioned upon the Planning Commission granting a Conditional Use Permit.
PHYSICAL SITE CHARACTERISTICS:
Total site Area: The total Boudin Crossings site is 4.2 acres; the leased area for the business is 4,680
square feet. The tenant space currently vacant was previously occupied by the Buffet Palace Chinese
Restaurant. The property contains a commercial retail shopping center of 40,000 square feet, which
includes Napa Aute Paas, Kids Count Daycare, and other commercial businesses. Other than site
vegetative landscaping, the site is largely covered by building, parking, driveway and loading/unloading
areas.
Access: Access to the site is from Boudin Street on the west side.
2030 Comprehensive Plan C si , ,tion: This property is designated C -CC for Community Retail
Shopping on the 2030 Comprehensive Flan Land Use Map.
nin : The site area is zoned C-2 (General Business).
Phone 952.447.9800 / Fax 952.447.4245 %%r%VW. ij F0 ` riorla xoni
CONDITIONAL USE PERMIT (CUP) 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 Flan are to "determine and strive for
balance of commerce, industry and population" and to "'m in in 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 Plan provided it complies
with the conditions of approval. Another objective of the Comprehensive Plan is to
"enact and maintain policies and ordinances to ensure the public safety, health and
welare." 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 including the limited operating hours and refuse collection, screening
requirement, and entrance requirement are intended to ensure ongoing protection of the
surrounding 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 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 shall be ret with the issuance of the Conditional Use permit.
(4) The use will not have undue adverse impacts on governmental facilities, services,
r 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 customer entrance to the use is separated from adjacent
residential properties by the shopping cuter building. Also landscaping meeting the
buffer card requirement between the commercial and residential uses is located along
the eastern property line (backside of the shopping center).
(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 exterior 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 mains, and other service facilities. The plans shall be included as part
f the conditions set forth in the CIDP approved by the City council.
No cterior engineering plan 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 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 approva_I 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 County no lamer 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, small be adhered to.
d No liquor shall be seared outside of the tenant space approved by a liquor license.
1. Approve the CUP 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.
3. Deny the request based on specific findings of fact.
BECOMMENDATION:
The staff recommends Alternative #1
REQUIRED:
A motion and second to approve Resolution 12-13PC approving the CUP, subject to the listed
conditions.
1. Resolution 2-1 PC
2. Location Map
3. Site Plan
. Proposed Floor Plan
. Ordinance 1102.1103 (5)
Prior Lake, NW 55372
CONDITIONAL AL USE PERMIT
RESOLUTION -'1 PC
A CONDITIONAL USE PERMIT TO ALLOW A RESTAURANT SERVING LIQUOR IN THE C-2
(GENERAL BUSINESS) ZONING DISTRICT
WHEREAS, The Prior Lake Planning Commission conducted a public hearing on November 5,
2012, to consider an application from Arturs LLC to allow a restaurant serving
liquor in the C-2 (General Business) Zoning District at the following property:
BOUDIN CROSSING COMMERCIAL CONDOMINIUM CIC 1192, UNIT 2, Scott County,
Minnesota.
Address: 6880 Boudin Street Suite #140
PID: 25-474-002-0
WHEREAS, Notice of the public hearing on said CLAP was duly published in accordance with the
applicable le Prior Lake Ordinances; and
WHEREAS, EAS, The Planning Commission proceeded to hear all persons interested in this CUP and
persons interested were afforded the opportunity to present their views and
objections related to the CIDP; and
WHEREAS, The Planning Commission finds the proposed CUP is compatible with the stated
purposes and intent of the Zoning Ordinance as they relate to conditionally
permitted uses, and further, that the proposed CUP meets the criteria for approval
of CUP as contained in Section 1108.202 of the Prior lake Zoning Ordinance.
NOW THEREFORE, BE 1T RESOLVED BY THE PLANNING COMMISSION of PRIOR LADE:
1. The recitals set forth above are incorporated herein.
2. The Planning Commission hereby adopts the following findings:
a. The use is consistent with and supportive of the goals and policies of the
Comprehensive Flan.
Two of the objectives of the Comprehensive Plan are to "'determine and strive for a balance
of commerce,, industry and population" 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
f approval.
Another objective of the Comprehensive Plan is to "'enact and maintain policies and
ordinances o ensure the public safety, health and welfare." The proposed restaurant with
liquor use would appear consistent with these policies.
f 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 he detrimental to the health} safety, morals
and general welfare of the community. The conditions of the approving resolution including
Phone 952.447.9800 Fax 952.447.4245 mv%N'. it 0f riorla . oni
the limited operating hours and refuse collection, screening requirement, and entrance
requirement are intended to ensure ongoing protection of the surrounding community.
c. 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 shall be
met with the issuance of the Conditional Use permit.
d. The use will not have undue adverse impacts on governmental facilities, services, or
improvements ents 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.
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 customer entrance to the use is separated from adjacent residentiai
properties by the shopping center building. Also landscaping meeting the buferyard
requirement between the commercial and residential uses is located along the eastern
property line (backside of the shopping center).
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 cit} council.
No exterior site plan modifications are currently proposed from the existing conditions on
site.
. 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 surer, 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 exterior 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 CLIP approved by the city council.
Additional conditions to ensure the protection of tine 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.
. 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 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 served outside of the tenant space approved by a liquor license.
CONCLUSION
Eased upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use
Permit to allow a restaurant serving liquor within the C-2 (General Business) Zoning District. The
contents of Planning case File # EP 12-123 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 5u'day of November, 2012,
Jeff Phelan, Commission Chair
ATTEST:
Dan l ogness, Community & Economic Development Director
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Zoning Ordinance
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No motor vehicle transport loading or unloading shall be permitted on any
minor residential street.
. No display or storage of motor vehicles shall be permitted on any P6110
right-of-way.
1. A bufferyard, as det' prinined by Subsection 1107.,2003, shall be Installed
and maintain i along all property lines of ars abutting "R" Use District.
M. The storage lot shall be located a r rnlr r<rm of 100 feet fronn an "R" Use
District.
M otor VehIcIe Service, Repa Ir, Condit1ons:
No public address system shall be a idl le from any property located in ars
"R' Use Districts
a.
b. All repair, assembly, disassembly and maintenance of vehicles shall be
Inside a closed building except tire inflation, changing wipers or- adding oil.
C. Test driving shall prohibited on any street in an 'W' lase District.
I. Access shall be to a roadway Identified in the Comprehensive Plan as a
collector or ai`teri l or shall be otherwise located so that access can be
provided without generating significant traffic on locant residential streets.
e, The building housing t118 use shall be located a minlinum of 100 feet from
any lot In an "R" Use District. it
f. A bufferyard, as determined by Subsection 11 .2003, shall be provided
along any abutting an "R' Use District.
(6)
Restaurants and Clubs and Lodges w1th Liquor. conditions:
a. Access to the use shall be from a roadway Identified in the Comprehensive
Plan as a collector street or of erwlse locate so that access can b
provided Without generating significantly Increased cor rr ercial traffic on
local r+silentlal streets.
b. A buf eryard, as determined by subsection `l `I07.2003, stall b e Installed
and r aintalned along any property located adjac nt to or abutting an "R
Use District. i
F c. Separate pedestrian ways shall be constructed to allow for the separation
of pedestrian and ve111cr`11ar movements withIEn the park! ng Iot.
i
1, Alf custom er entrances to the Me shall b a located a minlmuni of .10 0 feet
frot any property located in an "R' Use District. In the case of a r ulti-
tenant building, the entrance will be measured from the collective entrance.
In the ease of an entrance with a vestibule, the most exterior customer
entrance door w111 bethe point of measurement.
City qjhlor Lake
Ame 1, 2009 1102/1)64
Zoning Ordinance
e. If the building housing the use is ionated less than 100 feet from an R-1
Use District, the following additional conditions shall he rust;
Liquor shall only be served from the hours of 7 arn to io Pm on Sunday
thr6ugh Thu rsda r and frons 7 am to I I pm on Friday, 8aturrda , and
holidays.
Garbage and refuse collection shall he limited to the hours of 7 am to
'rt Monday through Saturday and 9 am 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.
A BLIfferyard Eshall be installed and maintained along the property
adjacent to the R-1 Zoning District. if the R-1 and C-2 uses are
separated by a major collector or arterial roadway, t1le Bufferyard E is
not required. Additional screening material a am le: 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 ermitt d.
(Ord, Amd. 111-02, publ. 02112/11)
(6) Shopping Centers over 160,000 Square Feet of Gross FloorArea. Provided:
a. The shopping center must conform to all of the conditions for shopping
centers less than 1501000 Sq Llare feet of gross floor area.
Ord. Amd. 109-08, uhl.05106!09
b. 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 shopping center, or reduce the level of service to
a lower revel of nearby street and intersections. The use must also comply
with the following conditions:
Drive-through facififlesand stacking areas shall not he located adjacent
to any "T Use District.
A bufferyard, Type B as defined in Subsection 1107.2005, shall he
provided between drive-through faellitles and stacking areas and
adjacent stroots and properties.
Staling shall he provided for a minimurn of 6 oars 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.
G" 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 01.101. Lake
Ane 1, 20091102/1)65