The URL can be used to link to this page

Home My WebLink About12080316200'Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR PLANNING COMMISSION AGENDA MONDAY, DECEMBER 8, 2003 Fire Station - City Council Chambers 6:30 p.m. 2. 3. 4. e 7. 8. 9. Ao Call Meeting to Order: Roll Call: Approval of Minutes: Consent Agenda: Public Hearings: The City of Prior Lake is requesting a Variance from the minimum number of required off-street parking stalls for Hollywood Bar and Grill located at 16701 Toronto Avenue SE (Case File 03-142). The City of Prior Lake is requesting a Variance from the minimum number of required off-street parking stalls for Priordale Mall located at 16760 Toronto Avenue SE (Case File 03-143). The Shakopee Mdewakanton Sioux Community has submitted an application to rezone the original Dolan property A (Agriculture) to the C-4 district to allow a parking lot. This property is located on the west side of CSAH 83, about ~A mile south of CSAH 42 and directly north of Mystic Lake Casino. (Case File #03-145) Old Business: New Business: Announcements and Correspondence: Adjournment: ~.:m Fi~o3 P~=,in~ Com~0~ ~g~,a~m20ao~.noc www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 PUBLIC HEARING Conducted by the Planning Commission The Planning Commission welcomes your comments in this matter. In fairness to all who choose to speak, we ask that, after speaking once you allow everyone to speak before you address the Commission again and limit your comments to new information. Please be aware this is the principal opportunity to provide input on this matter. Once the public hearing is closed, further testimony or comment will not be possible except under rare occasions. The City Council will not hear additional testimony when it considers this matter. Thank you. ATTENDANCE - PLEASE PRINT NAME ADDRESS L:~DEPTWORK~BLANKFRM~PHSIGNUP.doc PLANNING COMMISSION MINUTES MONDAY, DECEMBER 8, 2003 1. Call to Order: Chairman Stamson called the December 8, 2003, Planning Commission meeting to order at 6:30 p.m. Those present were Commissioners Atwood, Lemke, Perez, Ringstad and Stamson, Community Development Director Don Rye, Planning Coordinator Jane Kansier, Planner Cynthia Kirchoff and Recording Secretary Connie Carlson. 2. Roll Call: Atwood Present Lemke Present Perez Present Ringstad Present Stamson Present 3. Approval of Minutes: The Minutes fi.om the 2003, Planning Commission meeting were approved as presented. 4. Consent: None 5. Public Hearings: Commissioner Stamson read the Public Hearing Statement and opened the meeting. A. The City of Prior Lake is requesting a Variance from the minimum number of required off-street parking stalls for Hollywood Bar and Grill located at 16701 Toronto Avenue SE (Case File 03-142). Planner Cynthia Kirchoffpresented the Planning Report dated December 8, 2003, on file in the office of the City Planning Department. The City of Prior Lake is requesting a Variance fi.om the minimum number of required off-street parking stalls for Hollywood Bar and Grill located at 16701 Toronto Avenue SE. In order to configure the new "ring road", the City needs to acquire right-of-way, thus the following Variance is required: A 67 stall Variance from the 154 off-street parking stalls required for Hollywood Bar and Grill (Section 1107.307 Off-Street Parking for Commercial Uses.). The property is zoned C-4 (General Business) and is guided C-CC (Community Retail Shopping) in the 2020 Comprehensive Plan. The subject property is unplatted. Access to the site is gained via Toronto Avenue and from Franklin Trail via a roadway easement. Hollywood Bar and Grill was constructed in 1960. The site currently has 87 parking L:\03 Files\03 Planning Comm\03pcMinutes~lNl20803.doc 1 Planning Commission Meeting December 8, 2003 stalls, which includes 17 stalls on Toronto Avenue. The provided number of parking stalls is nonconforming. The City of Prior Lake is acquiring fight-of-way for the extension of the ring road project. On the Hollywood site, the fight-of-way takes a portion of the southeast corner of the property. The acquisition will preehde Hollywood from constructing additional parking to bring the site closer to compliance with minimum standards. The Zoning ordinance provides that such action is sufficient grounds to meet the hardship criteria to grant a Variance. Staffbelieved the nine hardship criteria had been met. The site already maintains nonconforming parking and the right-of-way acquisition will reduce lot area and preclude the installation or construction of additional parking. Therefore the government action constitutes a sufficient basis to meet the hardship criteria to grant the Variance, pursuant to Section 1107.2303 (3) of the Zoning Ordinance. If the property owner decides to sell one of the two businesses, and a separate parcel would be created, the issue of nonconforming parking would have been resolved. Staff therefore recommended approval of the Variance. Comments from the public: David Knodell, P.O. 99, Hamel, MN 55340, representing Bealemake Partners LLC, the owner of the properties explained the next variance request is also property owned by Bealemake and are viewing them as one. Knodell said basically they are appreciative of staff's actions on these matters on both variances. He went on to say they wanted to alert the City they are still viewing the Mall and Hollywood and final renovation plans are not yet complete. The final determination of tenants is not yet known and it is conceivable they may have to revisit issue of variances once they have a better handle on the final plans. Knodell again stressed they are appreciative of the City's application with the variances. The public hearing was closed. Comments from the Commissioners: Ringstad: · The City and Property owners are in favor of this application. · All nine criteria hardships have been met. · Approve. Atwood, Lemke, Perez, Stamson: · All Agreed. · The City taking property is a hardship and not created by the property owner. All criteria have been met. L:\03 Files\03 Planning Comm\O3pcMinutes~VlNl20803.doc 2 Planning Commission Meeting December 8, 2003 MOTION BY RINGSTAD, SECOND BY LEMKE, ADOPTING RESOLUTION 03- 15PC APPROVING THE 64 PARKING STALL VARIANCE FOR THE HOLLYWOOD BAR AND GRILL. Vote indicated ayes by all. MOTION CARRIED. Stamson explained the appeal process. B. The City of Prior Lake is requesting a Variance from the minimum number of required off-street parking stalls for Priordale Mall located at 16760 Toronto Avenue SE (Case File 03-143). Planner Cynthia Kirchoffpresented the Planning Report dated December 8, 2003, on file in the office of the City Planning Department. The City of Prior Lake is requesting a Variance from the minimum number of required off-street parking stalls for Priordale Mall located at 16760 Toronto Avenue SE. In order to configure the new "ring road", the City needs to acquire right-of-way, therefore the following Variance is required: A 39 stall Variance from the 426 off-street parking stalls required for Priordale Mall (Section 1107.307 Off-Street Parking for Commercial Uses.). The property is zoned C-4 (General Business) and is guided C-CC (Community Retail Shopping) in the 2020 Comprehensive Plan. The subject property is unplatted. Access to the site is gained via Toronto Avenue. Priordale Mall was constructed in 1971. Its current use is a multi-tenant shopping center with the possibility of approximately 519 parking stalls. The City of Prior Lake is acquiring right-of-way for the extension of the ring road project. The right-of-way extends through the Priordale Mall property and removes 132 potential parking stalls, making the number of parking stalls fewer than that required by the Zoning Ordinance. The nonconformity being created by government action, the Zoning Ordinance provides that such action provides sufficient grounds to meet the hardship criteria to grant a Variance. Based on the findings, Staff recommended approval of the Variance. Comments from the public: Attorney David Knodell, representing Bealemake Parmers LLC, stated they were appreciative of the City's efforts on this matter. He has not seen the variance report and documents and was unsure of some of the figures and there could be issues on the parking stall requirements. Again, they may have to revisit the variance issue after final plans have been made. The public hearing was closed. L:\03 Files\03 Planning Comm\03pcMinutes~lNl20803.doc Planning Commission Meeting December 8, 2003 Comments from the Commissioners: Stamson: · Question the staff as the applicant is redeveloping how the variance is applied. There are different uses with Hollywood and the Mall. · Rye responded it takes an overall parking ratio for an entire shopping center. The only exception is restaurants with liquor that are calculated separately. Otherwise a blank number is applied on the entire mall. One stall for every 220 square feet. Rye explained the different uses determine the parking stalls. Bars and restaurants are figured in. Lemke: · This is a repeat of the first variance request. · Support. Perez: · Agreed. · Hardships have been met. Atwood, Ringstad and Stamson: · Support. MOTION BY LEMKE, SECOND BY PEREZ, ADOPTING RESOLUTION 03-14PC APPROVING THE 39 PARKING STALL VARIANCE FOR PRIORDALE MALL. Vote taken indicated ayes by all. MOTION CARRIED. Starnson explained the appeal process. C. The Shakopee Mdewakanton Sioux Community has submitted an application to rezone the original Dolan property A (Agriculture) to the C-4 district to allow a parking lot. This property is located on the west side of CSAH 83, about % mile south of CSAH 42 and directly north of Mystic Lake Casino. (Case File #03- 14S) Planning Coordinator Jane Kansier presented the Planning Report dated December 8, 2003, on file in the office of the City Planning Department. The Shakopee Mdewakanton Sioux Community (SMSC) has filed an application for a rezoning of 80 acres of property located on the west side of CSAH 83, approximately ~A mile south of CSAH 42 and directly north of Mystic Lake Casino. The proposal amends the Zoning Map to change these 80 acres fxom A (Agricultural) to C-4 (General Business). This property is presently zOned A (Agriculture). The 2020 Comprehensive Land Use Plan Map designates this property as C-HG (Hospitality General Business). This L:\03 Files\03 Planning Comm\03pcMinutes~N120803.doc 4 Planning Commission Meeting December 8, 2003 designation has been in place since at least 1999. The property was never zoned C-4 since services were not available. In 2001, the SMSC received a conditional use permit for grading and filling on this site in order to construct a portion of Dakotah Parkway. The applicants are planning to construct an employee parking lot on this site. Freestanding parking lots are a permitted use in the C-4 district. Staff recommended approval of the rezoning as requested. Comments from the public: Stan Ellison, Land and Natural Resource Manager for the Community, gave a brief presentation of the parking lot proposal. There would be no impacts on the surrounding wetlands. Ringstad questioned how many acres are in the proposed parking lot. Ellison said approximately 15. Of the 80 acres about one-third is wetland. Forty acres are usable. Rye asked how much land was available to the east. Ellison responded probably twice as much. There is a Sprint cell tower right in the middle. Stamson questioned if there were any plans for the property to the east. Ellison thought there might be internal roads, parking or possibly a new government center. There have been some discussions but no real definite plans. The land is in fee status right now. The public hearing was closed. Comments from the Commissioners: Atwood: · Support the rezoning. It is consistent with the Comprehensive Plan. · The neighbors should be pleased. The Community has come forward with a thoughtful plan. It will eliminate the buzz out on County Road 82. Ringstad, Lemke, Perez and Stamson: · Agreed with Atwood's comments. · This is an appropriate use for the property and meets the Comprehensive Plan. · Supported rezoning. MOTION BY ATWOOD, SECOND BY R1NGSTAD, RECOMMENDING APPROVAL OF THE REZONING TO THE C-4 DISTRICT. Vote indicated ayes by all. MOTION CARRIED. This item will go to the City Council on January 5, 2004. Stamson explained the appeal process. L:\03 Files\03 Planning Comm\03peMinutes~MNl20803.doe 5 Planning Commission Meeting December 8, 2003 6. Old Business: None 7. New Business: None 8. Announcements and Correspondence: Rye mentioned the City Council authorized a consultant to do the surface water management update including the annexation area. We have a proposal in hand from another consultant to update the transportation of the Comprehensive Plan. Two proposals were received today to update the housing. These items will be brought before the Commission fair shortly. The Annexation area will be pretty straight forward; most of the areas will be residential. The 2020 growth population projection will probably be met by 2010 at 28,000. We were a little conservative with the affects of the bridge opening. The building permits are around 500 units for this year so far. Kansier reminded the Commissioners of the joint City Council - Planning Commission workshop on December 15. Info will follow. 9. Adjournment: The meeting adjourned at 7:03 p.m. Don Rye Director of Community Development Come Carlson Recording Secretary L:\03 Files\03 Planning Comm\03pcMinutesXaMNl20803.doc 6