HomeMy WebLinkAbout111-02 Amend 1102-1103 re C-2 districtCITY OF PRIOR LAKE
ORDINANCE NO. 1 1 1 - 02
AN ORDINANCE AMENDING SECTION 1102.1103 OF THE PRIOR LAKE CITY CODE
WHEREAS, The health, safety and welfare of City residents, businesses and the public is
promoted and protected by sound land use regulations ; an d
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
exten t 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 Government al 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 diversi ty 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, T he Planning Commission conducted two public hearings on the proposed
amendment to a llow restaurants in the C - 2 Z oning D istrict to sell alcohol with a
Conditional Use Permit , subject to a valid liquor license issued by the C ity
Council; and
WHEREAS, The City Council conducted two work session s to consider allowing restaurants
to serve al cohol 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; a nd
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
addi tions 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 con ditions 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 uni que property characteristics ; and
WHEREAS, The City Co uncil finds that there are five areas within the City zoned C - 2 where a
restaurant that serv es alcohol is presently not permitted because of the required
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100 foot separation from a residentially zoned property and that without this
amendment it will be dif ficult 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 con sidering 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
WHER EAS, 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 Counc il desires to attract more restaurants to the C ity and at the same
time balance the concerns voiced by property owners at the public hearings on
th e consequences of t he proposed ordinance amendment; and
WHEREAS, The amendment is consistent with federal a nd state laws,
The City Council of the City of Pri or Lake does hereby ordain that Section 1102.1103 of the
Prior Lake City Code is hereby amended to add the following language:
S ection 1. The recitals set forth above are incorporated herein by referen ce.
S ection 2. Section 1102.1103 is hereby amended as follows:
Uses Permitted By Conditional Use Permit
1102.1103 . No structure or land in a "C - 2"
General Business Use District shall be used for the following uses except by
Conditional Use Perm it. 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 wi th any other conditions the
Planning Commission , or City Council in the case of an appeal, may impose that
are intended to promote and protect 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.
Restaurants and Clubs and Lodges with Liquor
(5) . Conditions:
a. Access to the use shall be from a roadway identified in the Comprehensive Plan
as a collector st reet or otherwise located so that access can be provided without
generating significantly increased commercial t raffic on local residential streets.
b. A bufferyard, as determined by subsection 1107.2003, s hall be installed and
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m aintained along any pro perty located adjacent to or abutting an “R” Use
D istrict.
c. Separate pedestrian ways shall be constructed to allow f or the separation of
pedestrian and vehicular movements within the parking lot.
d. 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 vestibu le, 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 R - 1 Use
District, the following additional conditions shall be met:
Liquor shall only b e served from the hours of 7 am to 10 pm on Sunday
through Thursday and from 7 am to 11pm 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 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 Bufferyard 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 requir ed 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 pu blication.
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Passed by the City Council of the City of Prior Lake this 7 day of February, 2011 .
ATTEST:
___________________ __________________________
City Manager Mayor
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Published in t he Prior Lake American on the 12 day of February, 201 1 .
Drafted By:
Prior Lake Community Development & Natural Resources Department
4646 Dakota Street SE
Prior Lake, MN 55372
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