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Home My WebLink About8H - Outdoor Display & Sales MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT JULY 17, 2000 8H JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF ORDINANCE OO-XX APPROVING AN AMENDMENT TO THE ZONING ORDINANCE RELATING TO OUTDOOR DISPLAY AND SALES IN THE C-3 SPECIALTY USE DISTRICT (Case File #00-037) HistflJ:)!l In August, 1999, the City Council amended the Zoning Ordinance to allow outdoor display and sales in the C-3 Zoning District (downtown area). This amendment allowed outdoor sales as an accessory use with the following five conditions: 1. The items displayed must be related to the principal use. 2. The area allowed for outdoor sales is limited to 30% of the gross floor area of the principal use. 3. The area must be landscaped and fenced or screened with a Blifferyard Type D from view of neighboring residential uses or abutting any "R" District. 4. All lighting must be hooded and so directed that the light source shall not be visible from the public right-of way or from neighboring residential properties and compliant with Section 1107.1800. 5. Areas must be hardsurfaced with asphalt, concrete, decorative concrete interlocking pavers or other equivalent material approved by the City. Following adoption of the amendment, the Council asked staff to consider other conditions that might be applied to outdoor sales in the downtown area. On May I, 2000, the staff submi tted a report to the Council suggesting the current conditions were adequate for this use. The only other condition that could be added is one prohibiting the use of public sidewalks or right-of-way for outdoor sales. Current Circumstances: The current ordinance seems to be adequate for the control of outdoor sales in the downtown area. The additional condition will protect the integrity of the public right-of-way. 162b'8~b~~'2<e~i~~dX8gi~\g?~q37-i'g~<EJ~~'?Rlinnesota 55372-1714 / Ph_ (612) 447-4230 / Falr612) 447-4245 ."''' EQUAL OPPORTl;NITY E\IPLOYER ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: The Planning Commission considered this request at a public hearing on June 12,2000. The Planning Commission recommended approval of the proposed amendment. The Commission also recommended an additional condition prohibiting the outdoor sale of alcoholic beverages, unless otherwise expressly permitted by the ordinance, be imposed on these uses. A copy of the minutes of the June 12, 2000, Planning Commission meeting is attached to this report. The Issues: The City Council must make a decision whether to amend the ordinance based on the following criteria: . There is a public need for the amendment; or . The amendment will accomplish one or more of the purposes of the Zoning Ordinance, the Comprehensive Plan or other adopted plans or policies of the City; or . The adoption of the amendment is consistent with State and/or federal requirements. The purpose of the additional conditions imposed on outdoor sales in the downtown area will protect the integrity of the public right-of-way. The specific language is included in the attached ordinance. Conclusion: Both the Planning Commission and the staff recommend approval of this amendment. The City Council has three alternatives: 1. Adopt Ordinance OO-XX approving the proposed amendment as recommended. 2. Deny Ordinance OO-XX. 3. Defer this item and provide staff with specific direction. The staff recommends Alternative #1. A motion and second to adopt Ordinance OO-XX approving the amendment as recommended by the Planning commissi,r1 Approval of this ordinance requires a 4/5 vote of Counci L i Manager 1: \00files\00ordamd\zoning\00-03 7\0003 7 cc.doc Page 2 CITY OF PRIOR LAKE ORDINANCE NO. 00- XX AN ORDINANCE Al\IENDING SECTION 1102.1104 (5) OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: Section 1102.11 04 (5) of the Prior Lake City Code is hereby amended by adding the language in bold underline as follows: 5) Outdoor Sales is permitted as an accessory use with the following conditions: >- The items displayed must be related to the principal use. >- The area allowed for outdoor sales is limited to 30% of the gross floor area of the principal use. >- The area must be landscaped and fenced or screened with a Bufferyard Type D from view of neighboring residential uses or abutting any "R" district. >- All lighting must be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residential properties and compliant with subsection 1107.1800. >- Areas must be hardsurfaced with asphalt, concrete, decorative concrete interlocking pavers, or other equivalent material approved by the City. >- The use of public sidewalks or right-of-way for outdoor sales is prohibited. >- The sale of alcoholic beverages is prohibited unless otherwise expressly permitted under the provisions of the City Code. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 17th day of July, 2000. ATTEST: City Manager Mayor Published in the Prior Lake American on the 22nd day of July, 2000. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 1 :\OOli les'OOordamd\zon ing\OO-03 T ordOOxx ,doc 16200 Eagle Cr2ek Ave. S.E.. Pri'Jf Lake. ~~linnesota 55372-1714 / Ph (612) 447-4230 / ,:,'. F'_I' .\l, ()C,[,Ci,,!','T\ F'-'?!(",,:,, PAGEl Fc1:-; ((.J 12) 447-424,; " 'T--'- ,-. Planning Commission Minutes June 12.2000 PERMITTED AS ENCROACHMENTS IN THE LAKESHORE AND BLUFF SETBACKS. \ / Vote taken indicate~\iyes by all. MOTION~ED. MOTION BY STAMSON,BY SEC BY VONHOF, TO RECOMMEND APPROVAL OF ORDINANCE 0 - X AMENDING SECTIONS 1101.400 AND 1101.503 OF THE ZONING 0 INANCE RELATING TO THE DEFINITIONS OF LOT AREA AND FRONT l\RD ON A LAKE SHORE LOT AS RECOMMENDED BY STAFF. ayes by all. MOTJON CARRIED. This matter . I go to the City Council on' July 17, 2000. * B. Case File #00-037 Consider an amendment to Section 1102.1104 (5) of the Zoning Ordinance adding a condition prohibiting the use of public sidewalks or right-of-way for outdoor sales in the C-3 (Specialty Business District). Planning Coordinator Jane Kansier presented the Planning Report dated June 12,2000 on file in the office of the Planning Department. In August, 1999, the City Council amended the Zoning Ordinance to allow outdoor display and sales in the C-3 Zoning District (downtown area). This amendment allowed outdoor sales as an accessory use with five conditions. Following adoption of the amendment, the Council asked staff to consider other conditions that might be applied to outdoor sales in the downtown area. On May 1, 2000, the staff submitted a report to the Council suggesting the current conditions were adequate for this use. The only other condition that could be added is one prohibiting the use of public sidewalks or right-of- way for outdoor sales. Staff felt the current ordinance seemed to be adequate for the control of outdoor sales in the downtown area. The additional condition proposed by staff will serve to protect the integrity of the public right-of-way. There were no comments from the public. Comments from the Commissioners: Atwood: . Questioned the gross floor area and how it applies. Kansier explained. . It is straight forward. Supported as is. Vonhof: 1:\OOfiles\OOp1comm\OOpcmin\mn061200.doc 3 Planning Commission Minutes June /2.2000 . Recommend there should be a prohibition of outdoor sale of alcoholic beverages. · Also a condition that prohibits any outdoor sales that would violate any State Statute or City ordinance. There should be no conflicts with outdoor sales. Examples would be cigarette sales, beer garden or adult materials. . Kansier said there is a provision in the ordinance allowing restaurants to serve food and beverage sales in an outdoor seating area. Cramer: . Questioned the language for outdoor sales. . Discussed language conflict. . Agreed with V onhof to add the condition for permitted outdoor sales. . Supported the amendment. Stamson: . Supported staffs recommendation. . Open to Vonhofs proposed language. MOTION BY VONHOF, SECOND BY ATWOOD, RECOMMENDING CITY COUNCIL APPROVE ORDINANCE OO-XX AMENDING SECTIONS 1102.1104(5) OF THE PRIOR LAKE CITY CODE AS PROPOSED WITH A CONDITION (#6) PROHffiITING THE OUTDOOR SALE OF ALCOHOLIC BEVERAGES UNLESS OTHERWISE EXPRESSLY PERMITTED WITHIN THE ORDINANCE. Vote taken indicated ayes by all. MOTION CARRIED. This item will go before the City Council on July 17,2000. C. Case' e #00-029 Consider an amendment toJ'ection 1102.800 of the Zoning Ordinance to pe it accessory structures in the f9>nt yard on riparian lots. ,.. ,/ Planning Coordinator e Kansier presented tplPlanning Report dated June 12,2000 on file in the office of the PIa ing Department/ The purpose of this public heari~~to'~onsider an amendment to the Zoning Ordinance allowing garages and accessory b~jldings to be located in the front yard on riparian lots. This amendment was initiated b.,ythe Ci~.c;ouncil on May 15,2000. .-/" '''.... In 1999, the Planning Co~ssion considered"~~riance to allow a garage in the front yard. The Planning C9~ission denied this reque~'t~d the applicant appealed that decision to the CitJ:J:~'ounci1. The City Council determi~ the request met the hardship criteria. At the s~e time, the Council directed staff to pre~langUage pertaining to accessory stru,9{~res located in the front yard. In April and Ma 2000, the Council considered a report prepared by the staff outlining several approac es to this issue. The 1 :\OOfiles\OOp1comm\OOpcmin\mn061200.doc 4 ''-,.------'---~-----------r-'~"---'---------~---'-'-'---