HomeMy WebLinkAbout9C Approval of Ordinance Amending Zoning Ordinance7
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: FEBRUARY 7, 2011
AGENDA #: 9C
PREPARED BY: DANETTE M. PARR, COMMUNITY DEVELOPMENT & NATURAL
RESOURCES DIRECTOR
PRESENTER: DANETTE M. PARR
AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION
1102.1103 OF THE PRIOR LAKE ZONING ORDINANCE
DISCUSSION: Introduction
In response to concerns related to economic development and having
limited locations to accommodate restaurants which may want to serve
alcohol, the Council directed staff to review Section 1102.1103 of the City
Code and prepare amendments to the existing ordinance for consideration.
At the November 15 and December 6 meetings the Council discussed
the proposed amendment and directed staff to prepare amended
Ordinance language. At the December 20 meeting, the Council removed
the amendment from the agenda and deferred the item to a work session
that was held on January 25 to further discuss the matter.
The C -2 Districts comprise approximately 149 acres throughout the City.
Areas zoned C -2 include: Crossroads (Commerce / TH 13), Boudins
( Boudins Ave / TH 13), Gateway (TH 13 / CR 44/ Franklin Trail), Wilds (CR
83 / CR 42), Fountain Hills Business Park (Pike Lake Trail/ CR 42), South
Lake Village area (Park Nicollet Ave /TH 13), and Deerfield (CR 21 / Revere
Way).
Section 1102.1100 of the Zoning Ordinance regulates C -2 land uses as
permitted uses, uses permitted with conditions, and uses permitted by a
Conditional Use Permit. In the case of restaurants, clubs, and lodges with
liquor, they are permitted by a Conditional Use Permit and regulated with
the following conditions:
Section 1102.1103(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.
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.
History
As a part of the legislative process, the City Council and Planning
Commission held a joint work session on October 11, 2010 to discuss the
proposed amendment; the Planning Commission has held two public
hearings on the proposed amendment; and the Economic Development
Advisory Committee (EDAC) provided its input on the proposed change to
the Zoning Ordinance. In addition, the Council had a joint work session
with the EDA and EDAC on January 25 to further discuss possible
amendment language.
The City Council and Planning Commission spent a considerable amount
of time balancing the 2030 Vision and Strategic Plan goal to facilitate
economic development with the concern that relaxing the conditions under
which a restaurants, clubs and lodges (collectively "restaurants ") in the C -2
District can serve alcohol could create undesirable impacts on neighboring
properties in adjacent residential areas.
Current Circumstances
Under current regulations (Section 1102.1103 (5) of the Zoning Ordinance), if
a prospective tenant or owner of a restaurant, club or lodge in a C -2 Zoning
District desires to serve alcohol they must first obtain a Conditional Use
Permit. A restaurant, club, or lodge with liquor must meet all of the following:
1. Must meet all Zoning Code requirements, including the conditions
detailed in Section 1102.1103(5) of the Zoning Ordinance
2. Must have a Conditional Use Permit granted for the use and be able
to meet any additional conditions the Planning Commission finds
appropriate to impose (and City Council in cases of appeals) that
mitigate against undesirable conflicts between the restaurant that
serves alcohol and an "R" Use District property.
3. Must be located over 300 feet from a church or school (MN State
Statute requirement that applies to establishments that sell liquor in all
Zoning Districts);
4. Must have a liquor license granted by the City Council (the Council
may also place additional conditions as part of granting the liquor
license).
In response to the most recent Council discussion that took place at the
January 25 work session, staff has created the following Ordinance
amendment for the Council to consider:
1102.1103 Uses Permitted By Conditional Use Permit. No structure
or land in a "C -2" General Business Use District shall be
used for the following uses except by Conditional Use
Permit. These uses shall comply with the Commercial
Performance Standards of Subsection 1102.1300, the
requirements of all the general conditions provided in
Subsections 1108.202 through 1108.204, with the specific
conditions imposed in this Subsection and with any other
conditions the Planning Commission or City Council in the
case of an appeal, may impose that are intended to promote
and protect the health safety, and o:el# Fe of the ode
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wit h iiR the City and te r"'rraiRtain tt Gh of
neighboFha Pedestrian safety. limit the impact of a
business on neighboring residential properties create a
buffer between commercial and residential uses. and
maintain the characteristics of a neighborhood
(5) Restaurants and Clubs and Lodges with Liquor. Conditions:
a. Access to the use shall be from a roadway identified in the
Comprehensive Plan as a collector street or otherwise
located so that access can be provided without generating
significant increased commercial traffic on local
residential streets.
d. A bufferyard, as determined by subsection 1107.2003,
shall be installed and maintained along any abuttin
property located adjacent to or abutting +e 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 d The building he ,sire the All customer entrances to the use
shall be located a minimum of 100 feet from any property
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 a entrance with a vestibule. the
most exterior customer entrance door will be the point of
measurement.
e. If the building housing the use is located less than 100 feet
from an (f "R" or "R -1" Use Districtl - the Council will need to
determine which of the two is the preferred option) the
following additional conditions shall be met:
Liquor shall only be served from the hours of 7 am
to 10 pm on Sunday through Thursday and from 7
am to 11 pm on Friday, Saturday, and holidays.
Garbage and refuse collection shall be limited to
the hours of 7 am to 7pm Monday through
Saturday and 9 am to 12 noon on Sunday as
specified in subsection 601.305.
r All customer entrances to the use shall be through
a vestibule area with an inside and outside door.
A Bufferyard 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
Buffervard E is not required. Additional screening
material (example: additional quantity and
increased size of coniferous trees) berming and a
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solid fence or wall may be required where
additional screening is found necessary as part of
the Conditional Use Permit.
➢ No outdoor amplified music public address
system, or outdoor special event is permitted
The amended Ordinance language distinguishes the fact that a restaurant,
club, or lodge that serves alcohol may be allowed within 100 feet of an R or
R -1 Use (whichever option the Council ultimately chooses), provided all
customer entrances are more than 100 feet from any property located in an
R -Use District.
The Council will need to determine if the additional conditions specified in
"e" should be imposed when the building housing the C -2 restaurant that
serves alcohol is within 100 feet of an "R" Use District (applies to all R -1, R-
2, and /or R -3 Districts) or if it only applies in cases where the restaurant is
within 100 feet of an "R -1" Use District (would not apply to an R -2 or R -3
District).
Section 1108.600 of the Zoning Ordinance states that recommendations of
the Planning Commission and final determinations of the City Council shall
be supported by findings addressing the relationship of the proposed
amendment to the following policies: In addition to the specific Findings set
out in the Recitals to the Ordinance adopting the zoning language an
application for a CUP must meet the following:
1. There is a public need for the amendment.
There is a public need for the amendment. The proposed amendment
would create economic development opportunities while also protecting
adjacent residential areas. The 2030 Vision and Strategic Plan calls for
the City to identify and evaluate older commercial properties for
business development /redevelopment potential, as well as remove
obstacles to economic development. The City has previously been
approached by prospective business owners wanting to locate a
restaurant in a commercial building in the C -2 Zoning District, but have
been unable to because of the current Ordinance language limiting
restaurants that serve alcohol within 100 feet of residential districts. In
cases where these uses could meet the conditions, they may be
allowed to locate in the C -2 Zoning District and support economic
development in these properties.
2. The amendment will accomplish one or more of the purposes of
this Ordinance, the Comprehensive Plan, or other adopted plans
or policies of the City.
If approved, the Ordinance amendment would support the
Comprehensive Plan by encouraging a diversified economic base and
broad range of employment opportunities, promoting sound land uses
that are responsive to the needs of the commercial and adjacent
residential uses, as well as enacting and maintaining an Ordinance that
ensures public safety, health, and welfare.
The Ordinance amendment will support the purposes of the Zoning
Ordinance by providing compatibility between C -2 commercial uses and
adjacent residential uses through the use of conditions that will regulate
how the C -2 site is accessed, utilized, and screened. The nature of how
the commercial areas in Prior Lake have historically developed over
time has created a situation where C -2 zoned property and R -use
properties are adjacent to each other in certain locations. For that
reason, the proposed amendment strives to balance the distinct needs
of both Districts.
3. The adoption of the amendment is consistent with State and /or
Federal requirements.
This amendment is consistent with federal and state laws. As is
provided for in MN Statute 462.357, which states:" "For the purpose of
promoting the public health, safety, morals, and general welfare, a
municipality may by ordinance regulate on the earth's surface, in the
air space above the surface, and in subsurface areas, the location,
height, width, bulk, type of foundation, number of stories, size of
buildings and other structures, the percentage of lot which may be
occupied, the size of yards and other open spaces, the density and
distribution of population, the uses of buildings and structures for trade,
industry, residence, recreation, public activities, or other purposes, and
the uses of land for trade, industry..."
The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan, the Zoning Ordinance, the 2030 Vision and Strategic
Plan and the enabling legislation set forth in Minnesota statutes. In
addition, staff and the City Attorney recommend the following findings
related to the amended ordinance be incorporated:
The City Council finds that the purpose of the Zoning Ordinance is to
provide compatibility between different land uses by segregating,
controlling, and regulating uses and conditions on uses within zoning
districts to mitigate, to the extent feasible, the impact of various land uses
while protecting the health, safety and welfare of City residents, businesses
and the public.
The City Council finds that amendment support the City's 2030 Vision and
Strategic Plan, which is a document developed through the collaboration of
Residents, Businesses, Civic Organizations, the School District, other
Governmental Entities, the Shakopee Mdewakanton Sioux Community, the
City Council and City Staff that sets out 10 Areas of Strategic Emphasis
(Vision Elements). The amendment will support the Economic
Development Vision Element by regulating land uses to assure for the
expansion and diversity of the business tax base, as well as removing
obstacles to economic development.
The City Council finds all property to a certain degree is unique and the
conditions provided for in proposed City Code Section 1102.1103 (5) a -e
may require site specific conditions to mitigate, to the extent feasible, any
conflict between the restaurant with alcohol use and a residential use.
The City Council believes the potential impact of permitting a restaurant
with liquor to locate in a C -2 Zoning District can be mitigated by the ability
of the Planning Commission, or the City Council in the case of an appeal,
to impose site specific restrictions on the approval of a Conditional Use
Permit.
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The City Council finds the Planning Commission conducts a public hearing
on all applications for Conditional Use Permits and that based on the
testimony it hears and reliable evidence in the record it may impose
reasonable conditions, in addition to those set out in City Code Section
1102.1103 (5) a -e, to the approval of a Conditional Use Permit and in the
case of an appeal the Council may impose additional conditions.
The City Council finds that there are five areas within the City zoned C -2
where a restaurant that serves alcohol is presently not permitted because
of the required 100 foot separation from a residentially zoned property and
that without this amendment it will be difficult to identify locations where a
restaurant that wants to serve alcohol can locate and meet the desire of
residents living in Prior Lake to have additional restaurant options.
Conclusion
If the majority of the Council believes that the Ordinance amendment will
support economic development in Prior Lake by attracting restaurants,
while at the same time balancing the concerns of adjacent property owners,
the ordinance amendment would be appropriate. The Council will need to
determine if Condition "e" should apply to an "R" or "R -1" Use Districts and
if any conditions should be removed or added.
ISSUES: As has been previously discussed, the City Council cannot be arbitrary
when imposing conditions on the use. The conditions must relate to a
potential harm that the condition is seeking to mitigate. The City Council
will want to state the rationale for any additional conditions that are added
as a part of the text amendment.
FINANCIAL If approved, the Ordinance Amendment would allow for increased
IMPACT: economic development, which would facilitate a more diverse tax base and
job creation. However, in some cases there may be a cost associated with
the need for additional staff time to respond to concerns or provide
increased enforcement to assure that the restaurant, clubs, and lodges are
complying with their Conditional Use Permit and liquor license.
ALTERNATIVES: 1. Approve the Ordinance amendment with language that specifies if
Condition "e" should apply to an "R" or "R -1" Use District, and with any
changes as specified.
2. Deny the Ordinance amendment.
3. Table or continue discussion of the item for a specific purpose.
RECOMMENDED The staff recommends Alternative #1.
MOTION: ,
R i we y:
Frank Boy s, it Manager
CITY OF PRIOR LAKE
ORDINANCE NO. 110 -XX
AN ORDINANCE AMENDING SECTION 1102.1103 OF THE ZONING ORDINANCE
MOTION BY: SECOND BY:
WHEREAS, The health, safety and welfare of City residents, businesses and the public is
promoted and protected by sound land use regulations; and
WHEREAS, The City Council finds that the purpose of the Zoning Ordinance is to provide
compatibility between different land uses by segregating, controlling, and
regulating uses and conditions on uses within zoning districts to mitigate, to the
extent feasible, the impact of various; and
WHEREAS, The City Council finds that the City's 2030 Vision and Strategic Plan is a
document developed through the collaboration of Residents, Businesses, Civic
Organizations, the School District, other Governmental Entities, the Shakopee
Mdewakanton Sioux Community, the City Council and City Staff that sets out 10
Areas of Strategic Emphasis (Vision Elements); and
WHEREAS, The City Council finds the regulation of land uses to assure for the expansion
and diversity of the business tax base, as well as removing obstacles to
economic development are important goals as a part of the Economic
Development Vision Element; and
WHEREAS, The Planning Commission conducted two public hearings on the proposed
amendment to allow restaurants in the C -2 Zoning District to sell alcohol with a
Conditional Use Permit, subject to a valid liquor license issued by the City
Council; and
WHEREAS, The City Council conducted two work sessions to consider allowing restaurants
to serve alcohol with a Conditional Use Permit and the types of conditions to
require in the CUP to protect adjacent residential uses; including but not limited
to restricting hours when alcohol may be served; and
WHEREAS, The City Council finds all property to a certain degree is unique and the
conditions provided for in proposed City Code Section 1102.1103 (5) a -e may
require site specific conditions to mitigate, to the extent feasible, any conflict
between the restaurant with alcohol use and a residential use; and
WHEREAS, The City Council finds the Planning Commission conducts a public hearing on all
applications for Conditional Use Permits and that based on the testimony it hears
and reliable evidence in the record it may impose reasonable conditions, in
additions to those set out in City Code Section 1102.1103 (5) a -e, to the approval
of a Conditional Use Permit; and
WHEREAS, The City Council finds the Planning Commission, and the City Council in the case
of an appeal, is in the best position to develop conditions for individual
applications for a Conditional Use Permit that reflect the relationship of the
proposed restaurant with alcohol use to adjacent residentially zoned properties;
including any unique property characteristics; and
WHEREAS, The City Council finds that there are five areas within the City zoned C -2 where a
restaurant that serves alcohol is presently not permitted because of the required
100 foot separation from a residentially zoned property and that without this
amendment it will be difficult to identify locations where a restaurant that wants to
serve alcohol can locate; and
WHEREAS, The City Council finds that residents living in Prior Lake desire additional
restaurant options; and
WHEREAS, The City Council finds that individuals considering locating a restaurant business
in Prior Lake require the ability for a restaurant to serve alcohol because the
revenue from the sale of alcohol has a positive impact on the economic viability
of the already difficult restaurant business; and
WHEREAS, The City Council believes the potential impact of permitting a restaurant with
liquor to locate in a C -2 Zoning District can be mitigated by the ability of the
Planning Commission, or the City Council in the case of an appeal, to impose
site specific restrictions on the approval of a Conditional Use Permit. For the
purposes of this provision, a property zoned C -2 and a property zoned R -1 that
are intersected by a major collector or arterial roadway do not abut one another;
and
WHEREAS, The City Council desires to attract more restaurants to the City and at the same
time balance the concerns voiced by property owners at the public hearings on
the consequences of the proposed ordinance amendment; and
WHEREAS, The amendment is consistent with federal and state laws,
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, SCOTT COUNTY,
MINNESOTA DOES ORDAIN THE FOLLOWING:
Section 1. The recitals set forth above are incorporated herein by reference.
Section 2. Section 1102.1103 is hereby amended as follows:
1102.1103 Uses Permitted By Conditional Use Permit. No structure or land in a "C -2"
General Business Use District shall be used for the following uses except by
Conditional Use Permit. These uses shall comply with the Commercial
Performance Standards of Subsection 1102.1300, the requirements of all the
general conditions provided in Subsections 1108.202 through 1108.204, with the
specific conditions imposed in this Subsection and with any other conditions the
Planning Commission or City Council in the case of an appeal. may impose that
are intended to promote and protect the health, safety, and Of k►e
Fes within the City and to Maintain the Gharacter'st.Gs of a neighbOFhGE)d
Pedestrian safety, limit the impact of a business on neighboring residential
properties, create a buffer between commercial and residential uses and
maintain the characteristics of a neighborhood
(5) Restaurants and Clubs and Lodges with Liquor. Conditions:
a. Access to the use shall be from a roadway identified in the Comprehensive
Plan as a collector street or otherwise located so that access can be provided
without generating significant increased commercial traffic on local residential
streets.
d.b. A bufferyard, as determined by subsection 1107.2003,
shall be installed and maintained along any abuttiRg property located adjacent to
or abutting +e 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.
b.d T building he siRg the All customer entrances to the use
shall be located a minimum of 100 feet from any property
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 a entrance with a vestibule, the
most exterior customer entrance door will be the point of
measurement.
e. If the building housing the use is located less than 100 feet from an (f" Use
Districtl, the following additional conditions shall be met:
Liquor shall only be served from the hours of 7 am to 10 pm on Sunday
through Thursday and from 7 am to 11 pm on Friday. Saturday. and
holidays.
Garbage and refuse collection shall be limited to the hours of 7 am to
7pm Monday through Saturday and 9 am to 12 noon on Sunday, as
specified in subsection 601.305.
All customer entrances to the use shall be through a vestibule area with
an inside and outside door.
A Buffervard 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 Buffervard 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.
➢ No outdoor amplified music, public address system, or outdoor special
event is permitted.
Section 3. This ordinance shall become effective after its passage and publication.
Passed by the City Council of the City of Prior Lake this 7 th day of February, 2011.
ATTEST:
City Manager Mayor
Published in the Prior Lake American on the _ day of February, 2011.
Drafted By:
Prior Lake Community Development & Natural Resources Department
4646 Dakota Street SE
Prior Lake, MN 55372
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