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Home My WebLink About10B - Prior Lake City Code Amendment Section 1102.1103 MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: 4646 Dakota Street SE Prior Lake. MN 55372 CITY COUNCIL AGENt)A REPORT \-, June 7,2010 '-'\/\' \\ 10B ; " } Frank Boyles, City Manager \'1 / Consider Approval of a Report Recommending Amendment to Prior Lake City Code Section 1102.1103 Uses Permitted by Conditional Use (5) Restaurants, Clubs and Lodges with Liquor Introduction The purpose of this agenda item is to determine if the City Council believes there is sufficient reason to direct the preparation of an ordinance amendment relating to Section 1102.1103 Uses Permitted by Conditional Use (5) Restaurants, Clubs and Lodges with Liquor. Historv The City Code addresses liquor in two primary sections. Section 301 identifies the types of licenses, process for issuance and revocation, process for handling violations, requirements for license holders and guidance regarding the type and location of the premise which is proposed to be licensed. Staff believes amendments are appropriate to this section of the Code. Proposed amendments are being considered and will be advanced to the City Council at a later date. This agenda item does not address Section 301, The provision of the ordinance which this report addresses is 1102.1103. This section of the City ordinance is known as the "Use District Regulations!' Accordingly, this section identifies what uses may be allowable in a use district and the type of conditions which apply to the use, Section 1102.1100 addresses uses in the "C-2 General Business Use District" The C-2 General Business Use District can be seen on the attached zoning map. Areas zoned C-2 include: Crossroads (Commerce / TH 13), Boudins (Boudins / TH13), Gateway (TH 13/ CR 44), Wilds (CR 83 / CR 42), Pike Lake Business Park (Pike Lake / CR 42) and Deerfield (one parcel at CR 21 / Revere Way). The ordinance provides for permitted uses, uses permitted with conditions and uses permitted with conditional use permits. One of the CUP uses in C- 2 is Restaurants and Clubs and Lodges with Liquor. The ordinance prescribed conditions to this conditional use is: (5) Restaurants and Clubs and Lodges with Liquor. Conditions: a. Access shall be from a roadway identified in the Comprehensive Plan as a collector or otherwise located so that access can be provided without generating significant traffic on local residential streets. R\CoUllci12010 Agenda RepolWD6 07 10.section 1102 Ie Iquo, IE'sta.J:ants - FI0JAl..docR:\Council\2010 Agenda Reports\06 07 100section 1102 re liquor in restaurants - FINAL.doc b. The building housing the use shall be located a minimum of 100 feet from any property located in an "R" Use District. c. Separate pedestrian ways shall be constructed to allow for the separation of pedestrian and vehicular movements within the parking lot. d. A bufferyard, as determined by subsection 1107.2003, shall be installed and maintained along any abutting property in an "R" Use District. Current Circumstances The sentence identified as "b. The building housing the use shall be located a minimum of 1 00 feet from any property located in an "R" Use District." has created some confusion in administering the ordinance. Presumably this section is intended to afford owners of residential property greater buffering from restaurants, clubs or lodges with liquor., The provision works well in the abstract, but can be problematic in specific circumstances. For example: · There are two buildings at Boudins which are in the C-2 zone. Because of this provision, neither can have a liquor license since the 100 feet is measured from property line to the building envelope housing the use. · Crossroads - the building envelope at its closest point is 62 feet from residential property so none of the building users may apply for a liquor license. . The Cove - the building's liquor license predates the prohibition in the ordinance so they have an on-sale beer and wine license. However, if they seek an outdoor license, they are prohibited from doing so because residential property is within 100 feet of their property despite the fact that the closest house is substantially further away. · Were Tractor Supply to close and a major restaurant, club or lodge with liquor to consider opening at that location, they would be precluded from doing so since Hickory Shores is immediately across Village Lake Drive. · Gateway could be precluded from a liquor license since their property abuts to R-2 and R-3 property along CR 44. Conclusion While most would agree that it is desirable to buffer commercial uses from residential, the Council should determine if it believes the language of the existing ordinance effectively accomplishes this objective. ISSUES: From the staff's experience in administering the ordinance, there are some additional items to consider: 1. The existing ordinance includes three other conditions to buffer residential property including: . Access shall be such that it does not generate traffic in a residential neighborhood. . Separate vehicle and pedestrian ways should be provided in the parking lot. . A bufferyard must be installed and maintained along any abutting property with an "R" use. 2. Because this use (liquor in a restaurant, club or lodge) is a conditional use, the Planning Commission and Council may add additional conditions R.\Councii.2010 Agenda Reports\C!6 07 10\secl'011 1102 re liquor in restaurants. FI~IA~ doc 2 to address issues uniquely related to the site, use or operation to protect the public health, welfare and safety. 3. Using the building envelope as the measuring point on the commercial property does not work well with a multi-tenant building because the building configuration is such that the portion of the building with liquor could be the farthest site away from residential but the closest part of the building is within 100 feet 4. Measuring to the residential property line ignores the fact that the house could be 100 or 500 feet from that property line. 5. The existing language does not necessarily result in the noise source being buffered from the noise receptor. As a result of these ordinance deficiencies, the staff believes that a more effective job could be done protecting residents without prohibiting restaurants with liquor from the City's primary commercial zoning district C-2. FINANCIAL IMPACT: Some cost will be incurred preparing an ordinance amendment and conducting the public hearing. On the other hand, an ordinance amendment could result in better utilization of the commercial area while providing reasonable buffers to residential areas. AL TERNATIVES: 1. Motion and second to direct staff to prepare amendments to the ordinance for consideration by the Planning Commission at a public hearing. 2. Take no action and direct staff to prepare additional information. RECOMMENDED Alternative #1. MOTION: Reviewed by: Frank Boyles, City Manager R\Collllcil\201O A.genda Reports\06 07 10.sec\lol11102 re liquor in restaurants. FI~IAL doc 3 I City of Prior Lake kO~(rR;~~), Minnesota +N {O' .... ....~ .1 2010 w ~ \ .:"'l[ .- E \ ' ' ;' ~ "",l,-:~~~;.~,; ~ J / s ZONING r- ""---~-l A L_ ,.___1 _TC ~ - _ C-3 - N N 0.5 0.25 USE DISTRICTS R-S R-1 R-2 R-3 Agricultural Rural Subdivision Residential Low Density Residential Medium Density Residential High Density Residential Town Center Transitional Town Center Neighborhood Commercial C-2 General Business TC-T C-1 Business Park 1-1 General Industrial PUD Planned Unit Development Right-of-Way Lake SMSC Trust Land Shoreland Overlay PUD Overlay Last Updated February 2010 City of Prior Lake GIS X:/Planning/Zoning/Zoning201 0_11 x17,mxd o 0.5 '" Miles This drawing is neither a legal! recar and IS not intended t b y ded map nor a survey o e used as one Th' d ' compilation of records ' f . ' IS rawlng is a , ' In ormation and d t f City, county and state off' a a rom various IceS and other s . should be used for reference onl ources. ThiS document that features presented y, No representation is made City of Prior L k accurately reflect true location. The a e, or any other entty f ' obtained assumes no I. b.l.t I rom which data was .' la I I Y for any e . ' If discrepancies are found I rrors or omissions herein. , p ease contact the City of Prior Lake, J J f- u I ., I L \~m ~ L:f---L <au'aUl lU. IH.lE.',;.1 ".nlGUU /11:.11 =.1 ~Er ~~c:if lJ'1r~