HomeMy WebLinkAbout052013 Agenda Packet2. Approval of Agenda
3. Consider Approval of April 29, 2013 Meeting Minutes
4. Public Hearings:
A. DEV -2013-0006 Heritaqe Landinq 2nd Addition Combined Preliminary/Final Plat and P.U.D.
Amendment. Tradition Development is proposing an amendment to the Heritage Landing PUD to re plat 7
attached lots to 5 detached lots, The subject property is located in the south east part of Prior Lake, west
of County Road 23 east of Turner Drive and south of T.H, 13 off of Heritage Lane.
B. DEV -2013-1013 Teresa's Mexican Restaurant C,U,P, Amendment. Felipe Mata on behalf of Teresa's
Mexican Restaurant is requesting an amendment to the existing Conditional Use Permit for a restaurant
which serves liquor in the C-2 (General Business) Zoning District, The request is to allow for the expansion
of the current restaurant, The subject property is located in the Crossroads Shopping Center west of T.H.
13 east of Timothy Ave and south of County Road 42.
5. Old Business:
None
6. New Business:
A. Consider a request to initiate the review of amendments to section 1102.1103 (SUBD. 3 MOTOR
VEHICLE SALES) of the Prior Lake zoning Ordinance.
B. DEV -2013-0007 Bluffs of Shady Beach Concept Plan. Greg Schweich on behalf of Copper Creek
Development is proposing a concept plan for a P.U,D, development consisting of 23 lots on an 8.09 acre
parcel. The subject site is located south of County Road 42 north of Shady Beach Trail between Birchwood
Ave and Meadow Ave.
7. Announcements and Correspondence:
A. Recent City Council discussions/decisions.
8. Adjournment
Phone 952.4 47.9800 / Fax 952.447.42451 wwNv.dtyofprioriake.com
PRIOR LAKE PLANNING COMMISSION MINUTES
MONDAY, April 29, 2013
1. Call to Order;
Chairman Phelan called the April 29, 2013 Planning Commission meeting to order at 6:00 p.m.
Those present were Commissioners Hite, Roszak, Blahnik, Phelan, Spieler Planner Jeff
Matzke, Engineering and Inspections Director Larry Poppler and Community Development
Assistant Peter Aldritt.
2. Approval of Agenda:
MOTION BY HITE, SECONDED BY BLAHMK TO APPROVE THE APRIL 29, 2013 MEETING
AGENDA AS PRESENTED.
VOTE: Ayes, Blahnik, Phelan, Spieler, Roszak and Hite. The Motion carried.
3. Consider Approval of April 1, 2013 Meeting Minutes:
MOTION BY BLAHMK, SECONDED BY HITE TO APPROVE THE APRIL 1, 2013 MEETING
MINUTES.
VOTE: Ayes, Hite, Blahnik, and Roszak. The Motion carried.
4. Public Hearings;
A. EP# 13-103 Markley Lake Woods Variance. Peter Knaeble is requesting a variance
from the minimum lot width requirements for Lots 10, 11, 12, Block 1 of the proposed Markley
Lake Woods Plat.
Planner Matzke Peter Knaeble, owner and developer of the proposed Markley Lake Woods
residential subdivision is requesting variances from the required minimum lot width for three
proposed residential lots. The property is located on a 23.5 acre site located northeast of the
intersection of CSAR 21 and Fish Point Road, south of the Cardinal Ridge residential
development area, east of the proposed Eagle Creek Estates Plat. The variances requested
are Lot 10, Block 1, A 54 foot variance from the required minimum 86 foot lot width for a
property in the R-1, Low Density Residential zoning district Lot 11, Block 1, A 38 foot variance
from the required minimum 86 foot lot width for a property in the R-1, Low Density Residential
Zoning District. Lot 12, Block 1, A 12 foot variance from the required minimum 86 foot lot width
for a property in the R-1, Low Density Residential Zoning District.
Commissioner Questions:
None
MOTION BY PHELAN, SECONDED BY SPIELER TO OPEN THE PUBLIC HEARING AT 6:09
PM.
VOTE: Ayes, Hite, Phelan, Spieler, Blahnik, and, Roszak. The motioned carried.
Applicant Peter Knaeble stated the portion of the lots where the building pads will be are not
going to be narrow. It is just towards to street that the lots will be narrower. This will allow for
three significant oak trees to be saved. When first working through the plans, city staff
recommended that the cul-de-sac be shortened to save some trees and decrease impervious
surface.
Commissioner Questions:
None
MOTION BY PHELAN SECOND BY SPIELER TO CLOSE THE PUBLIC HEARING AT 6:12
P.M.
VOTE: Ayes, Hite, Phelan, Spieler, Blahnik, and Roszak The motioned carried.
Commissioner Comments and Questions:
Phelan stated his support. The design will save some trees. The lots sizes are consistent
with the 2030 Comprehensive Plan.
Spieler started his support there are advantages to this. It decreases impervious surface,
saves space and is better for the community.
Roszak stated support for the variance.
Hite stated her support, granting of the variances is in general harmony of the City's zoning
ordinances. It is good to see the decrease of impervious surface coverage and there is not any
adverse impacts to the adjacent homeowners.
Blahnik stated support of the variance. The variances seem large at first glance however
since they are not affecting the building pad portion of the lot they have less of an impact.
There are benefits to allowing the different lot sizes.
MOTION BY PHELAN, SECONDED BY HITE TO APPROVE THE VARIACNE EP# 13-103
FROM THE MINIMUM LOT WIDTH REQUIREMENTS FOR LOTS 10, 11, 12, BLOCK 1 OF
THE PROPOSED MARKLEY LAKE WOODS PLAT.
VOTE: Ayes Blahnik, Phelan, Spieler, Hite, Roszak. The motion carried.
5. Old Business:
A. DEV -2013-1008 14354 Watersed a Trail Variance. Scott Wold on behalf of Jason
Miskowic is requesting variances from the minimum impervious surface requirement and lot
setbacks on Prior Lake. The property is located on the north end of Lower Prior Lake off of
Watersedge Trail.
Planner Matzke reviewed the requested variances and presented changes that the applicant
had made to the building plans.
2
Director Poppler presented on the drainage of the lot. This type of drainage plan is typical of
these 50 foot lots. The older lots do not have drainage easements in place. A swale is
created on the property to direct the water forward and aft of the lot.
Commissioner Questions:
Hite asked are the neighboring properties sloped towards the subject property? Could it be
argued that some of the neighbors drainage is going on to the subjects property?
Engineer Poppler responded yes it does look like the contours slope in the direction of the
subjects property.
Hite stated it is arguably shown that some of the neighbors drainage was going onto the
subject property in her opinion with the new home going up it is fixing a drainage problem.
Spieler asked what would the foot print look like if there not any variances granted.
Planner Matzke responded in the report under the findings of fact section it identifies an area
of about 875 square feet if all the setbacks are met. If just the impervious surface requirement
was met it allows for about 1,700 square foot pad. The applicant is proposing about a 1,948
square foot pad. Since it is a smaller lot the percentage is larger than were as the square
footage is only over by a couple.
Blahnik asked on similar lots of this size, do they have the raised elevation?
Engineer Poppler responded yes, there have been a number of properties that have had to
do just what this property is doing.
Blahnik asked does the measured setback take into account the roof overhang?
Planner Matzke responded it does not take into account the eve but they are allowed a 6 inch
eve because that is the standard minimum eve.
Blahnik asked what is the maximum?
Planner Matzke responded 6 inches is the maximum in this case because they are within 5
feet of the setback line.
Phelan asked there was a list items from the previous meeting on this topic that was asked to
specifically be discussed tonight. Have these items been addressed.
Planner Matzke responded the applicant is here he can explain on some of those items. The
cut sheet is what the City Engineer discussed earlier. The deed is more of a private matter. It
is not relevant to the variances being requested. We do not have an updated survey at this
time but the applicant is working on it. It is up to the Planning Commission to decide if the
information is met and could be approved tonight or needs to be continued on. The Planning
Commission could put conditions on that approval is contingent on the submittal of a survey.
3
Hite stated the cut sheet provided by the City Engineer did sufficiently show the drainage,
elevation and the retaining wall on the lot.
Hite asked what is the timing that a survey could be provided?
Applicant Jason Miskowic responded the plan was to have it by today. It has been difficult
to get all the necessary people in line. He planned on getting the survey done as soon as
possible.
Commissioner Comments:
Hite stated the subject lot is an oddly configured lot which in order to build a reasonable house
does require variances. She is in support of the variances being requested. The applicant did
change his plans to decrease the side of the home which decreased the impervious surface.
Building on this lot is in compliance with the Comprehensive Plan it was intended to be built on
and it does not detract from the neighborhood. She conditioned the approval on getting the
updated survey showing the changes made to the house size.
Spieler stated this is a unique lot and is very small. There are a lot of variances being
requested which is a concern. He did not want to set a precedent that numerous variances are
always granted. He supports the variances, the applicant revised his plan to shrink his foot
print per the Planning Commission's requests, He supported the variances on the condition
that a revised survey is submitted.
Roszak stated his support pending the updated survey.
Blahnik stated his support, he appreciates the applicants wiliness to amend his building to fit
better within the standards. The side yards are small and it is tight but this is a small lot and it
does seem to fit within the neighborhood and is in accordance with the Comprehensive Plan.
He stated his support contingent on the survey getting updated.
Phelan stated this is a unique lot and appreciated the applicant's commentary. Six variances
is a lot and some of them are quite significant for impervious and square footage. This design
does not seem to fit with the neighborhood and he has serious concerns with drainage and will
not be supporting the variance.
MOTION BY HITE SECOND BY BLAHNIK TO APPROVE THE REQUESTED VARIANCES
FROM THE MINIMUM LAKESHORE STRUCTURE SETBACK, MINIMUM FRONT YARD,
MINIMUM SUM OF THE SIDE YARD SEBTACKS, MINIMUM BUILDING SEPARATION,
MAXIMUM IMPERVIOUS SURFACE, AND MINIMUM LOT AREA FOR A PROPERTY IN THE
R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT.
VOTE: Ayes, Blahnik, Spieler, Hite and Roszak. Nays Phelan. The motion carried 4-1
4
6. New Business:
A. DEV -20131011 Candy Cove Trail Right -of -Way Vacation. Richard Lewin is
requesting to vacate part of the existing right-of-way along Candy Cove Trail to provide
sufficient ownership along their garage and front yard at 5322 Candy Cove Trail.
Planner Matzke presented William Peterson, on behalf of Richard and Norene Lewin is
requesting vacation of a portion of the Candy Cove Trail right-of-way in front of the property at
5322 Candy Cove Trail. The property is located along the eastern shores of Lower Prior Lake,
west of Trunk State Highway 13. The planning commission reviews this for compliance with
the 2030 Comprehensive Plan.
Commissioner Comments/Questions:
Hite asked is the property that is to be vacated, is it maintained by the current homeowner?
Planner Matzke responded yes it is. The reason it was created is that this is where two
different plats join. The plats were done many years ago and sometimes as the right-of-way is
plated with different parcels they do not line up exactly.
Phelan stated this makes sense, it is in accordance with the 2030 Comp Plan, it gives back
some square footage and tax base. He stated his support.
Roszak stated his support. He asked does the vacation carry over to the adjacent property?
Or does it end right at the line?
Planner Matzke responded it does not move onto the next property it is just requested by this
property owner. It was mentioned to the applicant to possibly pursue the neighbor to vacate as
well.
Blahnik asked what is the reason for this vacation?
Applicant William Peterson on behalf of the Lewins responded the reason was to clean up
the title work for the property. The homeowners were interested in selling and this was a way
of cleaning property lines. He stated he did contact the neighbor in regards to vacating as
well, however that property is in foreclosure and the owner was not interested.
Blahnik stated his support, it is not being utilized for a public need and makes sense to give it
back to the home owner.
MOTION BY BLAHNIK SECOND BY HITE TO RECOMMEND APPROVAL OF THE
VACTAION TO THE CITY COUNCIL.
VOTE: Ayes, Hite, Phelan, Spieler, Blahnik, and Roszak. The motioned carried.
7. Announcements and Correspondence:
A: Recent City Council Discussions/decisions
Planner Matzke presented the Jeffers pond 7th Addition and PUD Amendment was approve
by the City Council and will be moving forward with Final Plat. The moratorium will be moving
forward, the selected consultant is WSB and Associates,
Phelan asked what is the cost?
Planner Matzke responded the council budgeted about $40,000
8. Adjournment:
MOTION BY PHELAN, SECONDED BY BLAHNIK TO ADJORN THE MEETING.
VOTE: Ayes, Roszak, Hite, and Blahnik. The Motion carried,
The meeting adjourned at 6:50 p.m.
Peter Aldritt, Community Development Assistant
6
MEETING DATE: MAY 20, 2013
AGENDA #: SIA
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: JEFF MATZKE
PUBLIC HEARING: YES
AGENDA ITEM: A PUBLIC HEARING TO CONSIDER A MAJOR AMENDMENT TO THE
HERITAGE LANDING FINAL PUD AND A COMBINED PRELIMINARY AND
FINAL PLAT FOR HERITAGE LANDING 2ND ADDITION
DISCUSSION: Introduction
Tradition Development has applied for approval of a major amendment to the
Planned Unit Development (PUD) known as Heritage Landing and approval of
a Combined Preliminary & Final flat to be known as Heritage Landing 2n0
Addition. The area of consideration for the major PUD Amendment and
Preliminary/Final Plat applies to remaining vacant townhome lots of Heritage
Landing. The site is located south of 170'' Street and north of Crystal Lake.
The applications include the following requests:
• Approval of a Major Amendment to the Heritage Landing Planned Unit
Development
• Approval of a Combined Preliminary and Final Plat to be known as
Heritage Landing 2nd Addition
Hi_ story
On July 19, 2004, the City Council approved a PUD and Final flat for the
approximately 11 acre Heritage Landing townhome development which
designated 33 attached townhorne lots for development. As of this date, 26
attached townhome units have been built with a 4-plex and 3-plex unit
remaining unconstructed.
Current Circumstances
The current proposal calls for a redesign of the remaining 7 -unit unconstructod
lots from a 4 -unit and 3 -unit attached townhome design to 5 individual
detached townhomes.
The following paragraphs outline the physical characteristics of the existing
site, the Comprehensive Plan and zoning designations, and a description of
some of the specifics of the site.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The total site area consists of 11 acres.
Vegetation: The natural vegetation on the site was cleared after the original
preliminary/final plat was approved for the area. The project was subject to the
Tree Preservation requirements of the Zoning Ordinance.
Phone 952:147.9800 / Fax 952.447.4245 / wiy%y.cityorpriorlake.com � ._
Access: Access throughout the development is from Heritage Lane (private
street).
2030 Comi2rehensive Plan Designation: This property is designated for Low
Density Residential uses on the 2030 Comprehensive Plan Land Use Map.
Zoning: The site is presently within the Heritage Landing PUD (Planned Unit
Development).
PROPOSED PLAN
Lots: The plan calls for the remaining 7 -unit unconstructed lots from an
attached townhome design to a 5 -unit detached townhome design. The lots for
Block 2 north of Heritage Lane are proposed at 5,765 feet while the lots for
Block 1 south of Heritage Lane are proposed at 6,768 square feet. The
originally designed 7 attached townhome lots range in size from 3,760 square
feet to 5,076 square feet. The footprint of the proposed residential housing
units are conceptually planned to range in size from 2,286 - 2,432 sq. ft. The
units propose single story units with basements and 3 -car garages similar to
the nearby existing attached townhome units. In comparison, the footprint of
the existing attached townhomes for Heritage Landing are approximately
2,200-2,300 sq, ft.
Setbacks: The typical residential required setbacks and proposed setbacks
for the development are shown on the following table:
Minimum Structure
Setbacks
Typical
_Requirement
Originally
Approved
Proposed
Front
25'
10'
10'
Building to Buildin
NA
20'
20'
Crystal Lake
150'
154'
150'
Impervious Surface:, The originally approved maximum impervious surface
for the 33 lot development was 133,079 square feet. The overall impervious
surface for the development including the proposed redesigned 5 units is
129,444 square feet thereby reducing the overall impervious surface by over
3,600 square feet.
Sanitary Sewer[Water Mains: Sanitary sewer and water mains are currently
in place along Heritage Lane. Upon final plat approval, the Developer would
be required to remove the existing lateral sewer as well as water service lines
under Heritage Lane which would no longer be used due to the reduction of the
number of residential units.
Landscape Plan: All perimeter trees have been installed for the development.
No changes to the Landscape Plan are proposed. The Developer will be
required to place front yard trees in the remaining vacant lots per the City
Subdivision Ordinance.
Pees and Assessments: This development will be subject to the standard
development fees including park dedication, trunk street and utility service
charges, and utility connection charges.
ISSUES: Section 1906.400 of the Zoning Ordinance lists the types of uses and
standards allowed under a PUD. The PUD provisions offer maximum flexibility
in many areas, some of which Include such aspects as setbacks, building
heights, and densities. The developer is requesting modifications to the
originally approved minimum lot areas, building setbacks, and housing design
for the proposed single family lots. The proposed detached townhome lot
design will reduce the overall impervious surface of the development by over
3,600 square feet.
The developer has met with City staff to address the proposed changes to the
PUD as well as contacted the Heritage Landing Homeowners Association.
Since the design changes to the development will require approval by the
homeowners association a meeting has been planned in early June for their
final review and vote.
In addition, the developer must refine the plans to assure compliance with the
Public Work Design Manual requirements and City Zoning Ordinance, as noted
in the attached staff memorandum from the Public Works Department.
However, these revisions will not impact the general design of the proposed
plat. If any significant modifications to the plat are necessary, the developer
will be required to resubmit for Preliminary Plat consideration and a new public
hearing will be held before the Planning Commission. Therefore, if the
Planning Commission finds the PUD and preliminary plat acceptable, the staff
would recommend the following conditions be attached:
1. The developer must obtain the required permits from any other state or
local agency prior to any work on the site.
2. Revise the plans to address all of the comments in the memorandum from
the City Public Works Department dated May 9, 2013.
ALTERNATIVES: The Planning Commission has the following alternatives:
1. Recommend approval of the PUD Major Amendment to the Heritage
Landing PUD Plan and the Combined Preliminary and Final Plat subject to
the conditions identified by the Planning Commission.
2. Table this item to another Planning Commission meeting and provide the
developer with direction on the issues that have been discussed.
3. Recommend donial of the request.
RECOMMENDED 1. A motion and second to recommend approval of a major amendment to the
MOTIONS; final PUD Plan for Heritage Landing , subject to the listed conditions.
2. A motion and second to recommend approval of a Combined Preliminary
and Final Plat known as Heritage Landing 2nd Addition, subject to the listed
conditions.
EXHIBITS: 1. Location Map
2. Heritage Landing gra Addition Development Plans
3. Conceptual renderings of detached townhomes
4. Public Works Dept. Memorandum dated 5-9-13
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Date: May 9, 2013
TO: Community Development and Natural Resources Department
rfor»: Public Works / Natural Resources Department -- Pete Young, Water
Resources Lngineel,
Subject: Heritage Larding (Pro fi Dev-2013-1013)
The Public Works/NaturaI Resources Departme t have reviewed the prelirmtlary plat for• the
subject project 4►pith a draft plan (late of May 1, 2013 and we have the following corn►ments:
H drolo , and Storm Sewer
I . The original development (Heritage Landing) provided store►water management features
that mcet current City requirements for volume control for Heritage Landing 2"d
Addition. However, these storm►vater management features do not rtreet all current City
requirements for rate control. It appears that rate control requirements could be met by
making some small 111odifications to the existing features to the ►vest of Lot 3, Block 2.
Hydrologic information should be submitted shoe►ling that the combined offsite peak
runoff ►vial be limited to 0.05 efs per net acre for the 2 -year, 24-hour event, and limited to
0.30 cfs per net acre for the 10 -year, 24-hour event. The original development meets the
current 100 -year, 24-hour event requirement (existing freak flow). The applicant is
encouraged to review the City's Public Works Design Manual, Part III (Hydrology
Rules), Section 4; the applicant is also encouraged to contact Pete Young, crater
Resources Engineer, for more information.
2. The proposed project will disturb more than 10,000 square feet of land and is located
within a shoreland area, and is therefore subject to the erasion and sedinlent control
requirements outlined in the Public Works Design Manual, Part III (Hydrology Rules),
Section 3. The plans should contain the required SWPPP language and erosion/sediment
control features outlined in the PWDM.
T Phone 952.4,17.9900 / C;L.x 952.447.4245 / SS -%N -%V Ctty'OfprlOr1nke.Com
MEETING DATE; MAY 20, 2013
AGENDA #: 4B
PREPARED BY; JEFF MATZKE, PLANNER
PRESENTED BY: JEFF MATZKE
PUBLIC HEARING: YES
AGENDA ITEM: PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE EXISTING
CONDITIONAL USE PERMIT FOR A RESTAURANT WHICH SERVES LIQ-
UOR IN THE C-2 (GENERAL BUSINESS) ZONING DISTRICT
DISCUSSION: Introduction
Arturos LLC, on behalf of Teresa's Mexican Restaurant, has applied for an
amendment to the existing Conditional Use Permit for a restaurant which
serves liquor in the C-2 (General Business) Zoning District. The request is to
allow for the expansion of the current restaurant. The subject property is lo-
cated at 5880 Boudin Street within the Boudin Crossings Center; west of T.H.
13, east of Timothy Ave. and south of County Road 42.
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 conditions that must be met (a -e) as shown in the attached or-
dinance.
The City Council granted an On -Sale Intoxicating and On -Sale Sunday Li-
censes to Teresa's Mexican Restaurant on October 22"0; effective November 1,
2012 through June 30, 2013. The Planning Commission approved the Condi-
tional Use Permit to allow a restaurant with liquor in the C-2 (General Business)
Commercial Zoning District on November 5, 2012.
Current Circumstances
Teresa's Mexican Restaurant has been open for five months and now wishes to
expand their business. The applicant Is pursuing an amendment to their exist-
ing Conditional Use Permit to allow expansion of the dining room and storage
room areas.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The total Boudin Crossings site is 4.2 acres; the current
leased area for the Teresa's Restaurant is 4,580 square feet. The adjacent va-
cant tenant space is 9,200 square feet. The property contains a commercial
retail shopping center of 40,000 square feet, which includes Napa Auto farts,
Kids Count Daycare, and other commercial businesses. Other than site vegeta-
tive landscaping, the site is largely covered by building, parking, driveway and
loadinglunloading areas.
Access: Access to the site is from Boudin Street on the west side
2030 Comprehensive Plan Designation: This property is designated C -CC
for Community Retail Shopping on the 2030 Comprehensive plan Land Use
Map.
2 qWM The site area is zoned C-2 (General Business).
Parking: The property has 178 parking spaces available. Building ownership
has stated that, of the 118 parking spaces available in the main lot area, a typl-
cal lunch hour will have approximately 35 spaces available with an additional 25
to 30 spaces available In the North parking area.
Building ownership has indicated Theresa's hours of operation have them open
for lunch thru dinner with their dining room seeing the most activity during the
evening hours after the other building tenants have closed for the day. Kids
Count Daycare operates from 6:30 a.m. to 6:30 p.m. Health Source Chlroprac-
tic closes at 6:00 p.m. Verizon's retail store is open from 10:00 a.m. to 8:00
p.m., 7:00 p.m. Friday and 5:00 p.m. Saturday. LVY Nail Salon is open from
10:00 a.m. to 8:00 p.m. Rosie Posie is open from 10:00 a.m. to 5:00 p.m. Piz-
za Hut is open from 11:00 a.m. to 11:00 p.m. Pizza Hut has four reserved
parking spaces for their delivery drivers across from their door to accommodate
their drivers. Kids Count has a couple of spaces designated for their parents
during weekday hours. NAPA is open 7:00 a.m. to 9:00 p.m. and has three
specifically designated spaces.
To help alleviate parking congestion, building ownership has instructed the
building tenants to have their employees park at the north end of the site as
much as possible to provide customer parking In the main area during the day-
time hours; ownership feels this is working well. In addition signage has been
placed at both Boudin Street entrances to the site indicating more parking
spaces are located in the lot at the north end of the building.
ISSUES: 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 Pian are to "determine and
strive for a balance of commerce, industry and population" and to
"maintain high standards In the promotion and development of
commerco and industty." 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 welfare," 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 upon review of the application, 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 9142.9103 (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.
(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 customer entrance to the use is
separated from adjacent residential properties by the shopping center
building. Also landscaping meeting the bufferyard requirement between
the commercial and residential uses is located along the eastern
property line (backside of the shopping center). The joint parking lot is
managed by the building owner and regulated though the lease
agreements of the tenants. Recent efforts have been made to Increase
awareness of the location of all available parking spaces throughout the
site. Also the current uses in the building have operating hours that vary
throughout the day and evening.
(G) 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 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.
(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 9106.202. 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.
Conclusion
Staff recommends approval of the request for amendment to the existing condi-
tional use permit, subject to the following conditions:
a) The applicant shall record the Conditional Use Permit Amendment at
the Scott County Recorder's Office no later than 60 days after approval.
b) The Conditional Use Permit is subject to the issuance of required per-
mits from all applicable governmental agencies.
c) Conditions outlined in Section 1102.1103(6) 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 liq-
uor license.
ALTERNATIVES; 1. Approve the amendment to the existing conditional use permit 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.
RECOMMENDED City Staff recommends Alternative #1.
MOTIONS:
ATTACHMENTS: 1. Resolution 12-13PC
2. Location Map
3. Site Plan
4. Proposed Floor Plan
5. Ordinance 1102.1903 (5)
CONDITIONAL USE PERMIT
RESOLUTION 13-XXPC
AMENDMENT TO 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 May 20, 2013,
to consider a request from Arturos LLC to amend a Conditional Use Permit 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 #144
PID: 25-474-002-0
WHEREAS, Notice of the public hearing on said CUP was duly published in accordance with the
applicable Prior Lake Ordinances; and
WHEREAS, 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 CUP; 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 take zoning Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF PRIOR LAKE:
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 Plan.
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 Plan 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 weffare." The proposed restaurant
with liquor use would appear consistent with these policies.
b. The use will not have undue adverse impacts on the use and enjoyment of properties
in close proximity to the conditional use.
Based upon the review of the application, 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
Phone 952.447.9800 / Fax 952.447.4245 1151Y1Y.Cltj'O��TrlOrleke.cn111
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 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 residential
properties by the shopping center building. Also landscaping meeting the bufferyard
requirement between the commercial and residential uses is located along the eastern
property line (backside of the shopping center). The joint parking lot Is managed by the
building owner and regulated though the lease agreements of the tenants. Recent efforts
have been made to increase awareness of the location of ail available parking spaces
throughout the site. Also the current uses in the building have operating hours that vary
throughout the day and evening.
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 exterior 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 pians 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 CUFF 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 CUP is hereby approved, subject to the following conditions:
a) The applicant shall record the Conditional Use Permit at the Scott County Recorder's Office
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 served outside of the tenant space approved by a liquor license.
CONCLUSION
Based upon the Findings set forth above, the Planning Commission hereby grants an amendment to
the Conditional Use Permit to allow a 1,200 square foot expansion of a restaurant serving liquor within
the C-2 (General Business) Zoning District. The contents of Planning Case rile #DEV -2093-1013 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 20u` day of May, 2013,
ATTEST:
Jeff Phelan, Commission Chair
Dan Rogness, Community & Economic Development Director
TERESA'S MEXICAN RESTAURANT C.U.P. AMENDMENT
LOCATION MAP
EFH Fealty Advisors, Inc,
Commercial Real Estate Services
April 29, 2013
Mr. Dan Rogness
Community & Economic Development Director
City of Prior Lake
4646 Dakota Street, SE
Prior Lake, MN 55372
RE, Teresa's Restaurant
6880 Boudln Street
Prior Lake, MN
Dear Mr. Rogness:
2999 W, County Rodd 42
Suite 206
Burnsville, Mlnnosota
W06
952-890.6450
952-890-5476 Fax
We are submitting an application for an amendment to Teresa's existing Conditional Use Permit for their
expansion of the storage and dining room. Teresa's has been open for 4 months and continues to
provide lunch and dinner to the residents of Prior Lake and the surrounding communities. Their success
has offered an opportunity to expand their business. Their hours of operation work well with Boudin
Crossing's other tenants, in that Teresa's busy times do not conflict with the other tenants.
The property has 1.79 parking spaces available, of the 118 parking spaces available In the main lot area; a
typical lunch hour will have approximately 35 spaces available with additional 25-30 spaces available In
the North parking area.
Teresa's hours of operation have them open for lunch thru dinner with their dining room seeing the
most activity during the evening hours after the other tenants have closed for the day. Kids Count
Daycare operates from 6:30AM to 6;30PM. Health Source Chiropractic closes at bpm. Verizon Is open
from 10AM to 8PM; 7PM Friday and 5PM Saturday. LVY Nails Is open from 10AM to 813M. Rosie Posle Is
open from 10AM to GPM. Pizza Hut Is open from 11AM to 11PM. Pizza Hut has 4 reserved parking
spaces for their delivery drivers across from their door to accommodate their drivers. Kids Count has a
couple of spaces signed for their parents during weekday hours. NAPA Is open 7AM to 9PM.
The tenants that are open Into the evening hours have minimal customer traffic and parking is available
In the main lot as well as the North parking area. We have instructed the Tenants to have their
employees park at the North end of the site as much as possible to provide customer parking In the
main area during the day hours. It has worked well to date,
Please do not hesitate to contact me with any additional questions. Thank you.
Sin el ,
Mike ha en
Enc,i'1F OR 0 2013
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Zoning 0PAI(Mee
j. leo motor vehicle transport loading or unloading shall be permitted on arty
minor residential street,
k leo display or storage of motor vehicles shall be permitted on any public
right-of-way.
I. A buffaryard, as deterinlned by SUbsoction 1107.2003, shall be Installed
and nlairifained along 611 property lines of an abutting "R" Use District.
M. The storage lot shall be located a minitnum of 100 feet from all "R" Use
District,
(4) Motor Vehicle Servico, Repair, Conditions:
a, No public address system shall be audible from any property located In an
"R" Use District.
b. All repair, assembly, dfsassernMy and maintenance of vehicles shall be
Inside a closed bullding except the Inflation, changing wipers or adding oil.
C. Tost driving shall be prohibited on any street In all "R" Use District.
d. Access shall be to a roadway identfffed In the Comprohensive Plan as a
collector or arterial or shall be otherwise located so that access can be
provided without generating significant traffic on local residential streets.
e, The bullding housing (110 ttse shall be located a minlmutn of 100 feet from
any lot in an "R" Use District.
f. A bufferyard, as deter,111ned I)y Stibsection 1107.2003, shall be provided
along any abuttltlg an "R" Use District.
(Gj Restaurants and Clubs and Longer, with Lttfttor. Conditions:
a, Access to the use shall be from a roadway identified In the Comprehensive
Ilan as a collector street or olhoiwlse located so that access can be
provided Without generating signlffcantly increased commercial traffic on
local residential streets.
h. A bufferyard, as datermined by subsection 1107.2003, shall be installed
and maintained along any property located adjacent to or abutting an 'W'
Use District,
o. Separate pedestrian ways shall be constructed to allow for the separation
of pedestrian and vehicular movements within the parking lot. -
(1, All customer entrances to the use shall be looatod a minimum of •100 feet
from any property located 111 an "R" Use District, In the ease of a 11100 -
tenant bullding, the entrance will be measured from the collective entrance.
In ilia case of an entrance with a vestlbule, the most exterior custolner
entrance door will be the point of measurement,
City of Prior bake
Jmae 1, 2609 1102fl)64
7.011ing OrdInance
e. If the building housing the use is loonted less than 900 feet from an R-1
Use District, the following additional conditions shall be met:
➢
Liquorshall only be served from the hours of 7 am to 10 pm oil Sunday
thrdugh Thursday and from 7 ani to I Ipin on Friday, Saturday, and
holldays.
➢ Garbage and refuse collection shall be limited to the hours of 7 a►ri to
7pm Monday through Saturday and 9 am to 92 noon on Sunday, as
specified In subsection 601.305.
All customer entrances to the use shall be through a vestibule area with
an Insida and outstde door,
A Sufferyard E shall be installed and maintained along the property
adjacent to the R-1 Zoning District. If the R-9 and C-2 uses are
separated by a major collector or arterlal roadway, lite Sufferyard B Is
not required. Additional screening material (example: addilionni
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, publlc address system, onoutdoor special
event Is permitted.
(Ord. And. 19902, pub[. 02112f11)
(6) Shopping Centers Over 150,000 square Feet of Gross Floor Aron, 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. Amd. 10908, publ. 06/00/09
b. In -vehicle sales or service shill only be permitted whan It can be
demonstrated that their operation will not have an adverse effect on the
Internal circulation of the shopping canter, or reduce the level of service to
a lower level of nearby street and Intersections, The use must also comply
will) the following conditions:
Y Drive-through facilities and stacking areas shall not be located adjacont
to any °R" Use District,
A bufferyard, Type B as defined In Subsection 110T200b, shall be
provided between drive•through facilities and stacking areas and
adjacent streets and properties.
9 Stacking shall be provided for a minimum of 6 cars per customer
service point.
➢ Stacking shall be prohibited on public streots, In fire lanes, and In areas
that Interfere with on-site vehicular and pedestrian circtilatlon.
c. Outdoor salesldlsplay, other than permitted in Subsection 1901.610(3),
shall only be permitted whorL it can be demonstrated that such use can be
City of Pl.10,1 b7ke —
Jure I, 2009 11.02/1)65
MEETING DATE: MAY 20, 2093
AGENDA #: 6A
PREPARED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT SPECIALIST
PRESENTED BY: JEFF MATZKE, PLANNER
PUBLIC HEARING: NO
AGENDA ITEM: CONSIDERATION OF A REQUEST TO INITIATE THE REVIEW OF AMEND-
MENTS TO SECTION 1902.1103 (SUBD. 3 MOTOR VEHICLE SALES) OF
THE PRIOR LAKE ZONING ORDINANCE.
DISCUSSION: Introduction
The purpose of this agenda item is to consider a request for the Planning
Commission to initlate the review of amendments to Section 1102.1103 (Subd.
3 Motor Vehicle Sales) of the City of Prior Lake Zoning Ordinance.
Current Circumstances
City staff has had discussions with representatives of a local automobile sales
dealership interested in expanding their existing motor vehicle sales and display
area onto an adjacent parcel. The property is located in the C-2, General Bust-
ness Use District which lists Motor Vehicle Sales as a use permitted by condi-
tional use permit.
The purpose of the C-2, General Business Use District is to allow the concen-
tration of general commercial development for the convenience of the public
and mutually beneficial relationship to each other in those areas located away
from residential areas designated by the Comprehensive Plan; to provide space
for community facilities and institutions that appropriately may be located in
commercial areas; to provide adequate space to meet the needs of modern
commercial development, including off-street parking and truck loading areas;
to minimize traffic congestion; and to carefully regulate the intensity of com-
mercial development as it refers to both internal site factors and external im-
pacts.
The specific conditions of CUP approval identified for Motor Vehicle Sales in
the C-2 Use District, along with any other conditions the Planning Commission,
or City Council in the case of an appeal, may impose, include the following:
(3) Motor Vehicle Sales. Conditions:
a. No previously registered but currently unlicensed or non-operable vehicles
shall be stored on premises.
b. All open sales or rental lots shall be operated in conjunction with a
building or buildings containing the same or similar materials as displayed
on the open sales or rental lot.
c. The building and the sales or rental lot shall be on one contiguous site.
d. All parking and paved areas shall meet all of the landscaping and design
requirements of Subsection 1107.200.
e. String fighting shall be prohibited,
f. The area of open sales or rental lot used for storage and display of
merchandise shall not exceed 2 square feet for every 1 square foot of
building on the site devoted to the same or a similar use or accessory
use.
g. Test driving shall be prohibited on any street in an "R" Use District.
h. No outdoor public address system shall be permitted.
1. All customer and employee parking shall be clearly designated and
signed.
j. No motor vehicle transport loading or unloading shall be permitted on any
minor residential street.
k. No display or storage of motor vehicles shall be permitted on any public
right-of-way.
I. A bufferyard, as determined by Subsection 1107.2003, shall be installed
and maintained along all property lines of an abutting "R" Use District.
m. The storage lot shall be located a minimum of 100 feet from an "R" Use
District.
The automobile dealership interested in pursuing a CUP to allow expansion of
the sales and display lot feels condition f, "The area of open sales or rental lot
used for storage and display of merchandise shall not exceed 2 square feet for
every 1 square foot of building on the site devoted to the same or a similar use or
accessory use," is particularly restrictive. The dealership, a$ it currently exists, is
legally non -conforming as it does not comply with condition f; the existing storage
and vehicle display area is approximately ten times larger than the building on the
site. Approval of a CUP to allow expansion of the storage and display area would
not be possible if this condition f, wore to remain in effect so staff is requesting
the Planning Commission consider initiating an amendment to remove or revise
the current language.
Section 1108.600 of the Zoning Ordinance states, the City may, either by its
own initiative or by petition of a property owner, consider amendments to the
formal text of the ordinance. Amendments to the ordinance may be initiated in
one of four ways.
➢ The Planning Commission may initiate the review of such amendments
by motion.
➢ The City Council may on its own motion initiate amendments by refer-
ring them to the Planning Commission for review.
Any property owner may formally petition the City to consider an
amendment to the Official Zoning Map for land for which he/she is prop-
erty owner.
9 Any individual may petition the City to consider an amendment to the
formal text of this Ordinance.
ISSUES: City staff conducted preliminary research into seven surrounding communities'
Zoning Ordinance requirements related to motor vehicle sales and found only
one other community had a similar condition restricting the sales and display
area based on the building square footage.
Conclusion
In an effort to make the Zoning Ordinance more "business friendly," the Plan-
ning Commission and City Council have recently approved text amendments to
the 1-1, Industrial Use district to simplify the development process, provide
more flexible design options and allow a wider variety of land uses and building
materials within the City's General Industrial District. City staff views this re-
quest to initiate the review of amendments to Section 1102.1103 as another
opportunity to consider amendments to make the Prior Lake Zoning Ordinance
more business friendly.
City staff recommends approval of the request to initiate the review of amend-
ments to section 1102.1103 of the Prior Lake Zoning Ordinance. Should the
Planning Commission choose to initiate the amendment process, staff antic-
ipates providing the Commission a report for consideration on June 17, 2013.
ALTERNATIVES; 1. Motion and second initiating the review of amendments to Section
1102.1903 of the City of Prior Lake Zoning Ordinance.
2. Motion and second denying the request to initiate the review of amend-
ments to Section 1102.1103 of the City of Prior lake Zoning Ordinance,
3. Provide direction to staff.
RECOMMENDED City Staff recommends Alternative #1.
MOTIONS:
MEETING DATE: MAY 20, 2013
AGENDA M 6B
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: JEFF MATZKE
PUBLIC HEARING: NO
AGENDA ITEM: CONSIDERATION OF A CONCEPT PLAN AND AUTHORIZATION TO CITY
STAFF TO ACCEPT AND PROCESS AN APPLICATION FOR A PRELIMI-
NARY PUD PIAN FOR A PROJECT LESS THAN 10 ACRES
DISCUSSION: Introduction
The purpose of this agenda item is to consider a request for the Planning
Commission to authorize the City staff to accept and process an application for
a Preliminary PUD Plan for a project less than 10 acres. Greg Schweich on be-
half of Copper Croak Development is proposing a concept plan for a P.U.D.
development consisting of 23 lots on an 8.09 acre parcel to be known as the
"Bluffs of Shady Beach". The subject site is located south of County Road 42
north of Shady Reach Trail between Birchwood Ave and Meadow Ave.
Current Circumstances
Section 1106 of the Zoning Ordinance relates to Planned Unit Developments
(PVDs) and states the following regarding the minimum requirements:
1108,600: MINIMUM PUD ELIGIBILITY REQUIREMENTS: Projects available for
PUD treatment shall have a site which consists of a parcel or
contiguous parcels of land In common ownership 10 acres or more in
size. An owner(s) of a tract of land less than 10 acres may apply to the
Planning Commission for an exception to the 10 -acres requirement
pursuant to Subsection 1106.601 below.
The City Council may Impose additional restrictions or requirements on
land developed under the PUD process. The City Council shall make
specific findings that the restrictions or requirements being imposed
furthers, addresses, promotes or protects the general welfare, public
safely, aesthetics, neighborhood character, environmental features or
property values. These additional requirements may include, but are
not limited to, traffic, traffic signals, parking, bufferyards, landscaping,
noise, lighting, hours of operation, architectural design and off-site road
and utility improvements.
1106.601 Exception to 10 -Acres Requirement. In the case of a project where the
applicant Is seeking an exception to the 10 -acres requirement, the
applicant must submit a Concept Plan for review and approval by the
Planning Commission. The Planning Commission shall decide, based
upon the criteria set forth below, whether to authorize the City staff to
accept and process an application for a Preliminary PUD Plan for a
project less than 10 acres:
(1) The proposed project moets all other criteria for a PUD except
the acreage requirement,
(2) There are unique circumstances that prohibit the applicant from
assembling 10 contiguous acres.
(3) The proposed project is consistent with the goals and objectives
of the Comprehensive Plan.
(4) The applicant intends to provide for greater parks, open space,
trails or public areas than required by this Ordinance.
All preliminary PUD Plan applications permitted tinder this subsection
shall be reviewed based on the standards and criteria for a PUD set
forth in this Ordinance.
ISSUES: The property for the proposed PUD is slightly over 8 acres in size. The Devel-
oper Is proposing a 23 residential lot subdivision with public streets. The mod-
Ifications to the zoning Ordinance include lot width (minimum 65 ft width) and
lot area (8,750 sq. ft) below the required minimum standards (86 ft, width,
12,000 sq. ft.).
The Developer is offering PUD public benefits which include 1) infiltration ba-
sins that treat regional storm water from upland areas as well as the proposed
site drainage and 2) dedication of an outlet that would be utilized for not only
storm water pending for the proposed site but also have the ability to be in-
creased for storm water capacity storage related to the needs of the future
Shady Beach Trail reconstruction project which is anticipated within the next
10-12 years. The Engineering Department has reviewed the conceptual PUD
and has identified these as potential benefits to the City over and above the
standard subdivision requirements. A detailed determination of how much a
benefit this provides to the City against the degree of requested modifications
from the Zoning Ordinance (lot widths and areas) would be evaluated during
the Preliminary PUD process by City Staff as well as the Planning Commission
and City Council.
Conclusion
In accordance with Section 1106.601 of the Zoning Ordinance the Developer
has submitted an 8.09 acres concept plan for consideration as a PUD. The site
is located in a developed area of the City; therefore assembling more than 10
contiguous acres for the proposed development is not possible. The project is
Consistent with the current R -LD Low Density Residential Comprehensive Plan
designation and R-1 Low Density Residential zoning District for the site. The
Developer is proposing benefits of providing public areas for storm water fea-
tures with the project. Therefore, City Staff recommends the Planning Com-
mission authorize the application be accepted for consideration of a Preliminary
PUD,
ALTERNATIVES; 1. Motion and second to adopt a resolution authorizing the City staff to accept
and process an application for a preliminary PUD Plan for a project less
than 10 acres.
2. Motion and second to adopt a resolution denying that the City staff accept
and process an application for a Preliminary PUD Plan for a project less
than 10 acres.
RECOMMENDED City Staff recommends Alternative #1.
MOTIONS:
EXHIBITS: 1. Resolution 13 -XX
2. location Map
3. Concept PUID Plans
4. Developer's Narrative dated 5-10-13
a4PnI0
4646 Dakota Street SE
tN�rsso`)A Prior Lake, MN 55372
RESOLUTION 13 -XXX
A RESOLUTION AUTHORIZNG THE CITY STAFF ACCEPT AND PROCESS AN APPLICATION FOR A
PRELIMINARY PUD PLAN FOR A PROJECT LESS THAN 10 ACRES
Motion By: Second By:
WHEREAS, Developer, Copper Creek Development, has submitted an application for a concept plan
known as the "Bluffs of Shady Beach" to be reviewed in accordance with Section
1106.601 of the Zoning Ordinance; and
WHEREAS, On May 20, 2013, the Prior Lake Planning Commission considered the concept plan for
possible future review as a Preliminary PUD Plan; and
WHEREAS, The Planning Commission found the concept plan to be acceptable for consideration as a
Preliminary PUD Plan under the criteria listed in Section 1006.601 of the Zoning
Ordinance;
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The City staff is horoby authorized to accept and process an application for the concept plan as a
Preliminary PUD Plan.
PASSED AND ADOPTED THIS 20th DAY OF MAY, 2013,
YES NO
Phelan Pholan
Blahnik Blahnik
Hilo Hite
5 Carer S leler
Rmak Rosuk
Dan Rognoss, Community & Economic Development Director
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Narrative 4-m
PUD pian allows preservation of the bluff and the preservation of the trees along Shady Beach trail and
western property line. instead of clear cutting trees and mass grading of the site. The topography of the
site imposes a practical difficulty. Preservation of trees along Shady Beach trail allows for a buffer
between the development and residences along Shady Beach trail.
As stated In the required standards the plan Is coordinating between the proposed developments and
surrounding uses. The development to the west Sand Point is also a PUD, with lot widths of 65'.
Developer Is providing oversized Infiltration basin and Pre-treatment basin on north/west end of
property for runoff of adjacent property owners and the city runoff of meadow ave which is a public
benefit and benept to the adjacent neighbors.
Pre-treatment basin on developer's property will treat the water before the water discharges into the
lake. Treatment of water runoff is a public benefit to the neighborhood, City of Prior take, Prior
Lake/Spring lake watershed district in enhancing the duality of water in the lake. Water quality of Prior
Lake is a goal in the 2030 vision of Prior Lake.
Developer is dedicating land for an out lot at developer's expense to the City of Prior Lake for a future
pre-treatment basin for the reconstruction of Shady beach trail in the future. The out lot
recommendation is from city staff from our DRC meetings in which In our opinion is very good planning
and progressive thinking on their part. Again the Shady beach neighborhood, City of Prior Lake and Prior
Lake/Spring lake watershed district will benefit.
The development and its "A" location, topography and the wooded surroundings will provide more
housing for home buyers that want to live and enjoy the many qualities of life the City of Prior Lake and
Prior Lake/Savage school district has to offer. Plan is also consistent with the City of Prior Lake's
comprehensive land use plan.
Mxf 0 9 zw lull
Exception to 10 -acres Requirement
Pursuant to Section 1106.601. of City of Prior Lake Zoning Ordinance
The proposed project meets other criteria for a PUD except the acreage. See attached
Developer Is prohibited from acquiring more land because adjacent properties are already developed
into single family residential lots.
We believe the project Is consistent with comprehensive pian. Property Is zoned R-1 residential and that
is what is proposed.
The site will provide for more open space and preservation of trees with a PUD instead of clear cutting
of trees and massive site grading. The public benefits from the Pre-treatment basins and additional land
deeded to the city for public improvements for future improvements of Shady Beach trali.
See also attached
MAY 002013 IG