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HomeMy WebLinkAbout11 05 2012 PC meeting minutes PRIOR LAKE PLANNING COMMISSION MINUTES MONDAY, November 5, 2012 1. Call to Order: Chairman Phelan called the November 5, 2012 Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners, Blahnik, Phelan, Roszak, and Spieler, Community and Economic Development Director Dan Rogness, and City Planner Jeff Matzke 2. Approval of Agenda: MOTION BY BLAHNIK, SECONDED BY ROSZAK TO APPROVE THE NOVEMBER 5, 2012 MEETING AGENDA AS PRESENTED. VOTE: Ayes, Blahnik, Spieler, Roszak and Phelan. The Motion carried. Commissioner Phelan stated due to his residence being within close proximity of item 4A, he will be abstaining from this agenda item. Commissioner Roszak will fill in a Chair. 3. Consider Approval of October 15, 2012 Meeting Minutes: MOTION BY SPIELER, SECONDED BY BLAHNIK TO APPROVE THE SEPTEMBER 17, 2012 MEETING MINUTES. VOTE: Ayes, Blahnik, Roszak, and Spieler. The Motion carried. 4. Public Hearings: A. #EP 12-123 Teresa’s Mexican Restaurant C.U.P. Felipe Mata is requesting a Conditional Use Permit to serve liquor in a restaurant in the C-2 (General Business) Zoning District. The subject site is located in the Crossroads Commercial Center near TH 13 and Boudin Street. Planner Matzke presented that Arturos LLC has applied for a conditional use permit to allow a restaurant with liquor in the C-2 (General Business) Commercial Zoning District. The restaurant is Teresa’s Mexican Restaurant, a commercial tenant within the Crossroads Commercial Center. The site is located at 6880 Boudin Street. Section 1102.1100, C-2 General Business Use District of the Prior Lake Zoning Ordinance, states that “Restaurants and Clubs and Lodges with Liquor” require a Conditional Use Permit as further identified in Section 1102.1103(5). This section includes five conditions that must be met. The last condition relates includes additional conditions if the building is within 100 feet of an R-1 Zone; this commercial building is within that distance. The City Council granted On-Sale Intoxicating and On-Sale Sunday Liquor Licenses to Teresa’s Mexican Restaurant on nd October 22 that is effective November 1, 2012 through June 30, 2013. The council’s approval was conditioned upon the Planning Commission granting a Conditional Use Permit. Staff is recommending approval based on the proposed use meeting the conditions specified in Section 1102.1103(5). 1 Commissioner Questions: Blahnik asked whether the previous restaurant sold alcohol? Planner Matzke responded they did not. Blahnik asked whether the liquor license granted by the City Council is a full liquor license? Planner Matzke responded yes it is. There are different liquor licenses, but he believes that due to the type of drinks they serve Teresa’s applied for the full liquor license. Spieler asked whether the liquor license for MGM is totally different? Planner Matzke saidMGM is a retail service; they have an off-sale liquor license whereas Teresa’s is on-sale. Spieler asked Matzke whether he is familiar with what Savage has at Buffalo Wild Wings or Applebee’s in terms of liquor licenses? Planner Matzke responded that Savage is likely to have similar liquor ordinances, but they may differ somewhat. The liquor license would probably be very similar to this one for the type of alcohol to be purchased. Applicant Fernando Arellano (1699 Victoria Rd Mendota Heights, MN) statedhe is representing Teresa’s Mexican Restaurant. The primary function of their restaurants is a family establishment. Most of their business is through food sales; serving liquor is an added amenity for their guests. Management uses a variety of provisions to govern the distribution of alcohol. Teresa’s does a good job in preparing the servers. Once a year, Teresa’s holds a lost prevention class. All of the Teresa’s restaurants will be installing ID scanners to insure they are valid. The hours of operation reflect the emphasis on a family dinning setting. Blahnik asked how many of their restaurants are in the Metro area. Applicant Arellano replied that they have one in Mendota Heights, Lakeville, and Golden Valley. Blahnik stated that it seems their business is going well. Applicant Arellano responded yes; they have found that Minnesota has a very good market. Spieler asked how close the Mendota Heights location is to residential homes? Applicant Arellano believes it is within about 500 feet. Spieler asked what percentage of their business is from alcohol sales? Applicant Arellano responded that it varies from site to site. The highest is in Lakeville at about 17 percent. Mendota Heights is about 15 percent. 2 Spieler asked whether they are expecting this to be similar to the Mendota Heights? Applicant Arellano responded yes. Spieler asked whether they have had any issues from crime or drunk driving? Applicant Arellano identified one break-in during the Mendota Heights remodel, but none other than that one. MOTION BY SPIELER, SECONDED BY BLAHNIK TO OPEN THE PUBLIC HEARING AT 6:20 PM VOTE: Ayes, Spieler, Roszak and Blahnik. The Motion carried. Dave Chromy (16295 Suel Cir) stated his support for the project. As a member of the EDA, they are looking for business to come to Prior Lake and fill vacant spaces.As a current business owner of Village Market, he believes it is important to offer liquor with food. Gene Happe (2909 Woods Trail Burnsville MN) stated that he is at the hearing to address any questions the commission may have regarding the site. Spieler asked if there is enough parking for this site compared to other Teresa’s locations. Happe responded that the uses in the shopping center operate at different hours. The daycare operates during the day; Verizon and the nail salon don’t demand much parking. The busiest time for Teresa’s will be in the evening, which is when the other stores are less busy. Happe believes there is plenty of parking at this site to meet the demand. Spieler asked if parking does become an issue, will cars then be parking on the street behind the commercial building? Happe responded that when the center was developed, it was made clear that no traffic or parking would be allowed to use Timothy Avenue. Planner Matzke added that Timothy was reconstructed this past year, and with a narrowed street, no parking signs were installed along the east side. Sandee Wright (14300 Timothy Ave) stated that living in this neighborhood within close proximity to the commercial use has been difficult. The proposed restaurant would be a type that people in the neighborhood would frequent. When tenants move in and out of the commercial center, the construction traffic can become congested as parking on Timothy increases. The new tenant should be informed of the rules and regulations regarding parking/traffic on Timothy and be reminded that they abut a residential area. Concerns about enforcing the ordinances were raised by Wright. Her main concerns include ordinances not being enforced, and noise due to the commercial uses. She would like to see the C.U.P. conditions limit the hours of operation to that of the restaurant’s hours. Roszak asked where deliveries typically are received at the site? 3 Happe responded that the only dock for deliveries is at NAPA on the front side. All other tenant spaces receive deliveries through the front entrances. All garbage is taken out at NAPA’s dock and another garbage enclosure on the north side. Ron Wiesy (6830 Boudins ST) stated his concerns about the property values decreasing in the neighborhood. The buffer zone is a water garden and is only about 2 feet high. People will use the back entrances; if the back entrances could be limited, it would help with the noise. Michael Wright (14300 Timothy Ave) stated concerns about after-hours ordinance enforcement. The commercial building’s HVAC noise is very bothersome. Roszak entered a letter into the public hearing record that was received from a neighborhood resident, Todd Greenfield, and the commission will take his comments into consideration. MOTION BY BLAHNIK, SECONDED BY SPIELER TO CLOSE THE PUBLIC HEARING AT 6:45 PM VOTE: Ayes, Spieler, Roszak and Blahnik. The Motion carried. Commissioner Comments: Blahnik asked whether the applicable ordinance here would limit the serving hours for alcohol from 7:00 AM to 10:00 PM Sunday through Thursday, and 7:00 AM to 11:00 PM Friday and Saturday? Planner Matzke responded yes, but these conditional hours relate to serving liquor rather than the hours of operation. Blahnik stated his support for the C.U.P. with respect to the concerns of the neighbors. The decision before the commission is the granting or not granting for the serving of alcohol. It is consistent with the Comprehensive Plan and will not adversely impact the use of properties. Spieler asked if there is a way to move the “no outlet” sign to the corner of Boudin and Timothy? Planner Matzke responded yes if it has not already been done; he will bring that request to the city’s Public Works department. Spieler stated his support for Teresa’s. One concern is with the hours of operation; when the restaurant closes, people will likely linger around the property. Roszak stated his support because the use is consistent with the goals of the Comprehensive Plan. It will not have undue adverse effects on surrounding property. It is consistent with the zoning ordinance. MOTION BY BLAHNIK, SECONDED BY SPIELER TO APPROVE RESOLUTION12-13PC APPROVING A CONDITIONAL USE PERMIT TO TERESA’S MEXICAN RESTAURANT TO 4 ALLOW A RESTAURANT SERVING LIQUOR IN THE C-2 (GENERAL BUSINESS) ZONING DISTRICT VOTE: Ayes, Spieler, Roszak and Blahnik. The Motion carried. 5. Old Business: None 6. New Business: None 7. Announcements and Correspondence: A. Recent City Council Discussions/Decisions. Director Rogness presented certain items that related to the planning commission from the October 22 City Council Meeting. Director Rogness discussed the November 26 City Council work session in regards to the Planning Commission annual report. 8. Adjournment: MOTION BY BLAHNIK, SECONDED BY SPIELER TO ADJORN THE MEETING. VOTE: Ayes, Blahnik, Roszak, Phelan, and Spieler. The Motion carried. The meeting adjourned at 7:03 p.m. Peter Aldritt, Community Development Assistant 5