HomeMy WebLinkAboutResolution 18-02PC - 6880 Boudin Street Suite 140 CUP Teresas Restuarant serving liquor Receipt: # 591053 A 104470
CUP $46.00
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G-PRIOR LAKE CITY
646 DKOTA ST SE I IIIIIIIIIII IIID VIII VIIIIiIIIIIIII VIIIIIII IIII
PRIOR LAKE MN 55372 Certified Filed and/or recorded on:
4/9/2018 3 : 10 PM
Office of the County Recorder
Scott County , Minnesota
James L Hentges, County Recorsier
STATE OF MINNESOTA)
) ss .
COUNTY OF SCOTT )
The undersigned, duly qualified and Planner for the City of Prior Lake, hereby certifies the
attached hereto is the original true and correct copies of
RESOLUTION 18 -02PC
A RESOLUTION AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW A
RESTAURANT SERVING LIQUOR IN THE C-2 (GENERAL BUSINESS ) ZONING DISTRICT
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City of Prior Lake
Dated this 26th day of February 2018 .
PID : 254740020
ADDRESS : 6880 Boudin Street, Suite # 140
Abstract Property
Return to and drafted by :
City of Prior Lake
Community and Economic Development Department
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CONDITIONAL USE PERMIT
RESOLUTION 18 -02PC
AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW A RESTAURANT SERVING LIQUOR
IN THE C -2 ( GENERAL BUSINESS ) ZONING DISTRICT
Motion By : Tschetter Second By : Kallberg
WHEREAS , The Prior Lake Planning Commission conducted a public hearing on February 26 ,
2018 , to consider a request from Arturo ' s LLC on behalf of the property owner , Boudin
Crossing , 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 , Block 2 , UNIT 21
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 .
Phone 952 .447 . 9800 / Fax 952 .447 .4245 / w%vw. cityofpriorlake. com
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 . No liquor shall be served outside of the tenant space approved by a liquor license .
d . The following 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 :
( 1 ) Access to the use shall be from a roadway identified in the Comprehensive Plan as a collector
street or located in a manner so that access can be provided without generating significantly
increased commercial traffic on local residential streets .
(2 ) All customer entrances to the use shall be located a minimum of 100 feet from any property
line located in an " R" Use District . In the case of a multi-tenant building , the entrance will be
measured from the collective entrance . In the case of an entrance with a vestibule , the most
exterior customer entrance door will be the point of measurement .
(3) If the building housing the use is located less than 100 feet from any property line in an R- 1
Use District , the following additional conditions shall be met :
➢ Liquor shall only be served from the hours of 8 am to 10 pm on Sunday through
Thursday and from 8 am to 11 pm on Friday , Saturday , and holidays .
➢ All customer entrances to the use shall be through a vestibule area with an inside
and outside door.
➢ A bufferyard Type E shall be installed and maintained along the property adjacent
to the R- 1 Zoning District . If the R- 1 and C-2 uses are separated by a major
collector or arterial roadway , the bufferyard Type E is not required . Additional
screening material (example : additional 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 .
e . The following conditions outlined in Section 1102 . 1104 of the City Code , related to Outdoor
Seating Areas , shall be adhered to :
( 1 ) 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 .
(2) Outdoor seating and service of food and alcoholic beverages is permitted as an accessory
use if:
a . All the requirements of the outdoor seating and service of food and non -alcoholic
subsection 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 .
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 .
VOTE Fleming Tiemar Tschettei Kallberg Rin stall
Aye K X Br an eming , Commission Chair
Nay ❑ ❑ ❑ ❑ ❑
Absent ❑ ❑ ❑ ❑ ❑
Abstain ❑ ❑ ❑ ❑ ❑ ATTEST ;
Casey McCabe ,
Community Development Director