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HomeMy WebLinkAbout4 Teresa's Mexican Restaurant CUP 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: FEBRUARY 26, 2018 AGENDA #: 4A PREPARED BY: JEFF MATZKE, PLANNER 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 in the form of an outdoor seating area. The subject property is located at 6880 Boudin Street within the Boudin Crossings Center; west of TH13, east of Timothy Ave. and south of County Road 42. History The Planning Commission approved the Conditional Use Permit to allow a res- taurant with liquor in the C-2 (General Business) Commercial Zoning District in November 2012. In May 2013 the restaurant expanded the interior dining room and storage area through a CUP amendment approval. Current Circumstances Teresa’s Mexican Restaurant has been open for over five years and wishes to expand their business. The applicant is pursuing an amendment to their existing Conditional Use Permit to allow an outdoor seating area. 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 5,880 square feet. The property contains a commercial retail shopping center of 40,000 square feet, which includes Napa Auto Parts, Kids Count Daycare, and other commercial businesses. Other than site vegetative landscaping, the site is largely covered by building, parking, drive- way and loading/unloading areas. Access: Access to the site is from Boudin Street on the east side. 2030 Comprehensive Plan Designation: This property is designated C-CC for Community Retail Shopping on the 2030 Comprehensive Plan Land Use Map. Zoning: The site area is zoned C-2 (General Business). 2 Parking: The property has 179 parking spaces available. The outdoor seating area would reduce the available parking spaces from 179 to 175 (4 space reduc- tion). In the past, the building ownership has stated that, of the 118 parking spaces available in the main lot area, a typical 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 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 majority of the other building tenants have closed for the day. To help alleviate parking congestion, building ownership has instructed the build- ing 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 daytime 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 parking area at the north end of the building. Outdoor Seating: All outdoor seating areas are regulated as an accessory use in the C-2 (General Business) Zoning District. These regulations include the fol- lowing: 1102.1104 (7) Outdoor seating and service of food and non-alcoholic beverages is permitted as an accessory use to a restaurant if: a. The use is separated from any adjacent residential use by a building wall. This provision will not apply if the residential use is located in an upper story above a restaurant. b. No speakers or other electronic devices which emit sound shall be audible from any property located in an "R" Use District. c. Hours of operation shall be limited to 7 a.m. to 10 p.m. if located within 300 feet of a residential use or within 300 feet of any property line in an “R” district. d. Additional parking will not be required if the outdoor seating area does not exceed 500 square feet or 10% of the gross floor area of the restaurant, whichever is less. Parking will be required at the same rate as the principal use for that portion of outdoor seating area in excess of 500 square feet or 10% of the gross building area, whichever is less. 1102.1104 (8) Outdoor seating and service of food and alcoholic beverages is permitted as an accessory use if: a. All the requirements of subsection (7) a-d above are met. b. Access to and from the outdoor area is through the indoor seating area. There shall be no direct access to the outdoor seating area from the parking lot or street. c. Food service to the outdoor area shall be provided during all hours of operation. d. No bar shall be located in the outdoor area, except a service bar for the exclusive use of the employees. 3 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 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 Plan is to “enact and maintain policies and ordinances to ensure the public safety, health and welfare.” The proposed expansion of the restaurant with liquor use would be 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, business entrance requirement, and noise requirement are intended to ensure ongoing protection of the surrounding community. (3) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. Section 1102.1103 (5) and Section 1102.1104 (7) and (8) of the Zoning Ordinance allows a restaurant with liquor and outdoor seating areas as allowed uses 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 4 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. (6) The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. Site plans shall be prepared by a licensed professional engineer. (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. Drainage and utility engineering plans shall be prepared by a licensed professional engineer. (8) The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the CUP which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the City Council. Additional conditions to ensure the protection of the general health, safety and welfare of the public are included as part of the CUP. These conditions include 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 resolution of approval of the Conditional Use Permit Amendment shall be recorded at the Scott County Recorder’s Office. 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) Conditions outlined in Section 1102.1104 of the City Code, related to Out- door Seating Areas, shall be adhered to. 5 e) No liquor shall be served outside of the tenant space approved by a liquor 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 MOTIONS: City Staff recommends Alternative #1. ATTACHMENTS: 1. Resolution 18-XXPC 2. Location Map 3. Site Plan Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CONDITIONAL USE PERMIT RESOLUTION 18-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 February 26, 2018, 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 #140 PID: 254740020 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 Lake 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 Plan is to “enact and maintain policies and ordinances to ensure the public safety, health and welfare.” The proposed expansion of the 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 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, business entrance requirement, and noise 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) and Section 1102.1104 (7) and (8) of the Zoning Ordinance allows a restaurant with liquor and outdoor seating areas as allowed uses 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. 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. Site plans shall be prepared by a licensed professional engineer. 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 plans shall be included as part of the conditions set forth in the CUP approved by the City Council. Drainage and utility engineering plans shall be prepared by a licensed professional engineer. 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 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. 3. The CUP is hereby approved, subject to the following conditions: a. The resolution of approval of the Conditional Use Permit Amendment shall be recorded at the Scott County Recorder’s Office. 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. Conditions outlined in Section 1102.1104 of the City Code, related to Outdoor Seating Areas, shall be adhered to. e. 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 600 square foot outdoor seating expansion of a restaurant serving liquor within the C-2 (General Business) Zoning District. The contents of Planning Case File #DEV18- 000003 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 26TH DAY OF FEBRUARY 2018. _______________________________ Bryan Fleming, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Fleming Tieman Tschetter Kallberg Ringstad Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ B O U D I N S T N E H I G H W A Y 1 3 T I M O T H Y A V N E DENESE ST NE H I G H W A Y 1 3 Scott County GIS Ü Teresa's RestaurantConditional Use Permit AmendmentLocation Map LO WER PRIO R LAKE GD(904) PIKE LAKENE (820.5) Lower Prior Lake Scott County GIS SUBJECTPROPERTY SUBJECTPROPERTY