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HomeMy WebLinkAbout3 December 21 2015 Meeting Minutes 1 PPRIOR LAKE PLANNING COMMISSION MINUTES Monday, December 21, 2015 1. Call to Order and Pledge of Allegiance: Commissioner Fleming called the Monday, December 21, 2015 Prior Lake Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Bryan Fleming, William Kallberg, Wade Larson, Mark Petersen and Dave Tieman; Development Director Dan Rogness, City Planner Jeff Matzke and Development Service Assistant Sandra Woods. 2. Approval of Agenda: MOTION BY PETERSEN, SECONDED BY LARSON TO APPROVE THE MONDAY, DECMEBER 21, 2015 PRIOR LAKE PLANNING COMMISSION AGENDA. VOTE: Ayes by Fleming, Kallberg, Larson, Petersen and Tieman. The Motion carried. 3. Approval of Monday, November 16, 2015 Meeting Minutes: MOTION BY PETERSEN, SECONDED BY KALLBERG TO APPROVE THE MONDAY, NOVEMBER 16, 2015 PRIOR LAKE PLANNING COMMISSION MEETING MINUTES. VOTE: Ayes by Fleming, Kallberg, Larson, Petersen and Tieman. The Motion carried. 4. Public Hearings: A. DEV15-001001 – Shore Club (Charlie’s on Prior) – Ordinance Amendment – Waterstreet Restaurants Group is requesting Amendments to the Shore Club (Charlie’s on Prior) ordinance related to hours of operation at 3950 Green Heights Trail SW located in the Medium Density Residential Shoreland (R2SD) Zoning District. PID: 25-102-022-0, 25-102- 006-0. Director Rogness introduced a request to consider a recommendation of approval of an Ordinance Amendment to Section 1102 of the Prior Lake City Code related to hours of operation for a property in the (R2-SD) Medium Density Residential Shoreland District. He explained the history, current circumstances, issues, alternatives and recommendations. He provided a Ordinances 115-05 and 115-06, application request for amended hours of operation, proposed amendments to (3)h of Subsection 1102.1600 (Option A) and proposed amendments to (3)h of Subsection 1102.1600 (Option B). Commission Comments/Questions: Petersen asked the difference in hours from the prior Captain Jacks restaurant and if the hours for Charlie’s are closing earlier on average. Director Rogness explained the hours of operation for Captain Jack’s; Charlie’s is consistent with some days, but Captain Jack’s was open later on Thursday, Saturday and Sunday nights. 2 Larson asked about the seating capacity for the current facility. Director Rogness replied the seating capacity limits are identified in one of the conditions in the approved Ordinance 115-05. Tieman asked if the expansion hours will include both food and liquor sales. Director Rogness replied yes, both food and liquor sales hours would be expanded. Kallberg asked how long the restaurant has been open for business since it has been constructed. Director Rogness suggested to ask the applicant. Fleming asked if there were any general concerns that may have given rise to the City Council putting in this particular condition for hours of operation and if the Council was explicit about it. He questioned the rationale for the June, July and August proposed times and asked for clarification on Option B. Director Rogness replied the hours of operations are imposed in the ordinance due to the residential character of this area. The hours of operation per ordinance is specific to this site and facility. He stated there was not an intent to bring this back, but holiday/special events were never discussed previously by the applicant, staff or council. He said it was requested by the applicant to better serve their customers during the holidays and special events. He explained that Option B was much more restrictive than Option A to only allow extended hours for New Year’s Eve, New Year’s Day and the 4th of July. MOTION BY PETERSEN, SECONDED BY TIEMAN TO OPEN THE PUBLIC HEARING AT 6:17 P.M. VOTE: Ayes by Fleming, Kallberg, Larson, Petersen and Tieman. The Motion carried. Applicant Jeff Petschl, (3856 Green Heights Trail SW) lives six houses down from the restaurant and is one of the owners of Charlie’s on Prior. Shannon Burks, (1155 Willow Creek Street, Chanhassen, MN), General Manager of Charlie’s introduced herself. Petschl talked of options A and B and commented on indoor and outdoor seating to be at or below the ordinance requirements. He commented on the opening of Charlie’s, demolition of Captain Jacks and explained the staff training. He explained that it was a mistake on their part to not consider holidays and special events earlier. They were more concerned about the debates focused on the secondary parking lot during the original application. Patschl explained the request for the full extent of the proposed days to extend hours, but said they are also open to taking it one day at a time, if necessary. He presented a power point explaining their investment in Prior Lake and compared Captain Jack’s to the current Charlie’s. He explained community involvement, employment, primary complaints, current hours and proposed hours. Petersen asked if they were accurate on their original estimated percentages of food and drink dollars. He questioned the kitchen hours. 3 Burks replied the food/drink dollars is very close to their original estimated amounts, and further explained the kitchen hours. Kallberg asked about any problems closing at 11 p.m. on Thanksgiving Day, or if they had any problems closing at their regular hours on holidays. Burks said they were closed on Thanksgiving Day and will be closed on Christmas Day, too. Petschl added the request for November 2016 is for the day before Thanksgiving Day (Wednesday), which is one of the bigger night outings of the year. Kallberg asked if there were issues closing early the night before Thanksgiving of this current year. Burks replied there were guests in the building that may have stayed later; however, last call was at 10:45 p.m. and drinks were pulled at 11:00 p.m. Fleming questioned what the additional revenue would there be if hours of operation were enhanced, and what would the cost/revenue side be due to paying staff for additional hours. He asked if they have had any complaints, and if so, what has been done to resolve them. Petschl said with being new and busier than anticipated, it is hard to say what their revenue compared to paying extra hours for staff would be right now. He commented on summer business, hours, employees and percentage of sales. He explained they have received complaints primarily from one single source and that any valid issues are addressed immediately. He explained they are a heavily restricted operation and they fully operate under these restrictions. Fleming stated he believes that they have operated fully under their restrictions; however, if hours increase, then complaints may increase as well. Petschl said they have maintained all along proper management and they have demonstrated that through this entire investment. He explained how all project changes came with an additional cost to them, and they did so because it is the right thing to do. He explained how they handle complaints, using an example of a disruptive customer. Petersen asked about what percentage of lighting is on after 10:00 p.m. Burks said the lights are the same throughout the evening; the outside lights are on an automatic turn-off such that one hour after closing the lights turn off for staff safety concerns. Petersen asked if their staff is gone within that one-hour time period after closing. Burks said yes, give or take some time. Petersen asked staff if there were any complaints. Director Rogness replied there have been no complaints on closing times; complaints were on lighting in the secondary parking lot, standing water in a dry infiltration basin, and the parking lot’s west-side fence to be extended further south. He explained that these items are identified in the City’s final punch list 4 with the contractor, and that staff will be working with Mr. Petschl on these items. He stated that Mr. Petschl has been good to work with in order to achieve compliance with the ordinance and codes. Petersen asked about any hours of operation complaints. Director Rogness replied there was at least one noise complaint after Charlie’s opened for business, but he is unsure if it was related to Charlie’s or something unrelated to their operation. Tieman asked about any traffic concerns and traffic levels. Petschl said that they have fairly low traffic counts in the winter, but there is more traffic than what Captain Jack’s experienced. Public Comment: Randy Dement, (16536 Spring Avenue SW) read a statement referencing Ordinance 115-06, pointing out the parking lot requirements. He lives next to the secondary parking lot at the back southwest corner, and he mentioned concerns of parking, storm water system, cars entering before 6 a.m., fencing, mosquitos, rocks thrown, and lighting. He also commented on the restaurant lights never being off, noise, the hours of operation, and their current request to extend hours of operation. Fleming asked Dement whether before this public hearing, he had made his concerns known. Dement said that someone at the City said they didn’t have the answers and would get back to him. Director Rogness said the infiltration basin will be corrected in the spring, and the City has escrow funds to correct it, if necessary. The fence issue is on the final punch list, and lights have been modified to reduce brightness. He has mentioned the on/off timing of the lights to the owner, but there needs to be a balance on the timing of the lighting for safety reasons. Dement gave his opinion and frustrations of a destroyed neighborhood. He is concerned about Charlie’s quality of food and noise. He said he will not go to this establishment. He stated that the issues such as noise and drunks will only get worse with the extended hours. Jennifer Nemecek, (3880 Green Heights Trail SW) explained her location as being across from the parking lot, two houses away from Charlie’s. She spoke with authority on how Charlie’s has affected the neighborhood, stating she has no complaints about the noise, traffic and the hours of operation. She pointed out that they live by a restaurant; therefore, additional traffic is expected. She mentioned the difference in noise problems and parking issues at Captain Jacks in comparison to Charlie’s, stating Charlie’s has a different clientele and appropriate parking. She feels Charlie’s has brought an incredible improvement to the neighborhood, pointing out significant improvements to the building, landscaping, and parking. She said we should be supporting a thriving business that is a huge part of our community. She supports the extended hours as people will want to visit this establishment and have a nice time. She stated if there are any problems, the owners of Charlie’s are presentable, and the issues get resolved. John Granlund, (3893 Green Heights Trail SW) feels for neighbors along the secondary parking lot, including Randy and Deb, adjusting to what the neighborhood used to be. He is in favor of the current restaurant but not favorable of the secondary parking lot. He stated concerns of the lights, traffic and 5 people hanging around in the neighborhood. He mentioned it has been a good and bad change for the neighborhood, and he applauded Jeff for turning this establishment into a fine family restaurant. He commented on tension from the neighborhood, the neighborhood needing to work together, and the difficulties for Randy. He shared concerns of this fine restaurant turning into a bar someday, which would recreated problems with Captain Jacks. He commented on the need for a stop sign at Green Heights Trail and Dutch Avenue. He stated the key aspect here is to avoid this establishment becoming a bar. Larson inquired about the stop sign and if Charlie’s has a stop sign entering into traffic. Granlund said there is not a stop sign, but rather a sign asking customers to respect the neighbors when leaving Charlie’s. He is suggesting a new stop sign at Dutch Avenue and Green Heights Trail; the brush is high near that intersection that obstructs views, and he would also like to see traffic slow down. Director Rogness explained that stop signs can be submitted for review by the Traffic and Safety Advisory Committee. Director Rogness made note that an email from Lori was received and would like to summarize her four concerns: (1) hours are already too late and an extension would be more annoying to the residents, (2) previous discussion from the City Council for Charlie’s not to come back with more requests, (3) the previous owners agreed to have safety lights on all night long, and (4) many Facebook comments about an outdoor band; remind owners of ordinance standards and permits. MOTION BY PETERSEN, SECONDED BY TIEMAN TO CLOSE THE PUBLIC HEARING AT 7:15 P.M. VOTE: Ayes by Fleming, Kallberg, Larson, Petersen and Tieman. The Motion carried. Commission Comments/Questions: Kallberg said there are many options here; he explained these options and suggested specific dates. He has no studies to show bar versus restaurants, however later opening would suggest bar. He talked of impaired driving and police reports. He supports the three specific dates being New Year’s Eve, New Year’s Day and Fourth of July and stated we can get a feel for these dates and review a year from now for further days. Tieman commented and thanked the applicant on a very nice restaurant. He stated he is not in favor of the summer hours due to no experience and community concerns, but supports the holiday hours. Petersen stated he doesn’t recall the hours of operation being a major concern at the original Planning Commission Meeting. He pointed out there is no big outpour of complaints, the hours are still less than the prior establishment and therefore is in support of the extended hours including the summer hours with the note that the applicant is considerate of the neighbors and keep an eye on their clientele’s reasons for staying the extra hours. Larson is in favor of the extended hours for the summer and holiday as it does match up with typical business hours and practices. He stated the complaints are not significant enough to be detrimental to this request. 6 Fleming stated this is extremely complicated and the city council will have the final say. He said we want good investments in Prior Lake; we have an applicant, resident and business owner that has shown good faith. He mentioned we need to honor this dedication to keep Prior Lake flourishing, however we have neighbors showing deep concerns as well; he stated this single voice is important and we need to honor this and be respectful of the timing. He liked the gradual choice as well as to go by ordinance and statue, therefore he will be in support of the full package, but would like meetings with Charlie’s owner(s), and Staff to listen to the resident’s concerns and address these issues. MOTION BY FLEMING, SECONDED BY PETERSEN, CONSIDER APPROVE OF AN ORDINANCE AMENDMENT 1102 OF THE PRIOR LAKE CITY CODE AS SUBSECTION 1102.1600; EXPANSION OF A NONCONFORMING RESTAURANT USE. VOTE: Ayes by Fleming, Kallberg, Larson, Petersen and Tieman. The Motion carried. 5. Old Business: No Old Business. 6. New Business: No Old Business. 7. Announcements / City Council Updates:  January 4, 2015 o Canceled  Tuesday, January 19, 2015 8. Adjournment: MOTION BY PETERSEN, SECONDED BY LARSON TO ADJORN THE DECEMBER 21, 2015 PLANNING COMMISSION MEETING. No New Business. The meeting adjourned at 7:26p.m. Sandra Woods, Development Services Assistant