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HomeMy WebLinkAbout7B - Captain Jacks Parking 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: INTRODUCTION: DISCUSSION: CITY COUNCIL AGENDA REPORT JULY 19,2004 7B JANE KANSIER, PLANNING DIRECTOR CONSIDER APPROVAL OF AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO REQUIRE PAVEMENT ON A SEASONAL, OFF-SITE ACCESSORY PARKING LOT FOR CAPTAIN JACK'S RESTAURANT (Case File #04-90) Historv: On June 28, 2004, the Planning Commission approved a Conditional Use Permit to establish an off-site, accessory parking lot for Captain Jack's Restaurant on the property located on the west side of Dutch Avenue, north of Pershing Street and south of Green Heights Trail. The permit was SUbject to the condition that the parking lot be paved. The applicant was proposing to use only a Class 5 gravel surface. BackQround: Section 1108.219 of the Zoning Ordinance permits any owner of affected property within 350 feet of the subject property to appeal the decision of the Planning Commission to the City Council. On June 29, 2004, Steve Sammis, the applicant, appealed the Planning Commission's decision. Current Circumstances: The property is zoned R-2 (Low to Medium Density Residential) and SD (Shoreland District) and is guided R-UMD (Low to Medium Density Residential) on the Comprehensive Land Use Plan Map. Off-site parking lots, accessory to an existing nonresidential use are permitted in the R-2 district subject to the following conditions: 1102.503 Free-Standing Parking Lots. Conditions: a. The parking lot must be accessory to an existing nonresidential or recreational use located within the same Zoning Use District. b. The parking lot must be located within 500 feet of the existing nonresidential or recreational use. c. The parking lot must meet all the provisions listed in Section 1107.203 (11), 1107.203 (13), and all of Section 1107.204. d. No storage of any kind is permitted on the site. e. No structures are permitted on the site. PHYSICAL SITE CHARACTERISTICS: 1:\04 liles\04 appeals\capt jack\cc rep~tyofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 1 Total Site Area: The total site is approximately 3.66 acres. ExistinCl Use: The property is currently vacant. Topoaraphv: The site has a varied topography. The site has some significant slopes on the south and west side, especially along the pond and Dutch Avenue. The area adjacent to Green Heights Trail, where the parking area is located, is relatively flat. VeCletation: Mature vegetation is present along the southwest portion of the site. There are some trees located in the area where the parking lot is proposed. Wetlands: There is a wetland located across most of the south and east portion of the site. The proposed parking lot does not disturb the existing wetland. Access: Primary access to this property is from Green Heights Trail. Adiacent ExistinCl Uses. Land Use. and ZoninCl: Existing Use Land Use Zoning Designation West Sinqle Familv Homes R-UMD R-1 SD East Dutch Avenue, Single R-UMD R-1SD Familv Homes North Captain Jack's R-UMD R-2SD Restaurant and Marina, Vacant Land South Pershing Street, Single R-UMD R-1SD Familv Homes ISSUES: Steve Sammis would like to establish a free-standing parking lot to serve Captain Jack's Restaurant. The parking lot would be seasonal, from April 15, through October 15th of each year. These are the times the restaurant and marina are most heavily used. The proposed parking lot includes about 9,983 square feet, and would provide 30 parking spaces. Since the lot is seasonal, the applicant is proposing a Class 5 gravel surface in lieu of blacktop. The access to the parking lot is from Green Heights Trail. The applicants are not proposing any screening, fencing, landscaping or lighting. A streetlight presently lives at the intersection of Dutch Avenue and Green Heights Trail. Signage on the lot would identify it as overflow parking, noting no trailers are allowed. 1:\04 liles\04 appealslcapt jack\cc report.doc 2 On June 7,2004, the City Council adopted Resolution #04-94, authorizing the removal 01 "No Parking" sings on Green Heights Trail and Dutch Avenue lrom June 1, 2004 to October 15, 2004. The purpose of this resolution is to provide some additional parking for the restaurant use. The City Council also recognized the owners of Captain Jack's would pursue a conditional use permit for the off-street parking. CONDITIONAL USE PERMIT FINDINGS: Section 1102.503 of the Zoning Ordinance allows off-site, free-standing parking lots as a conditional use permit in the R-2 district. The use is subject to 5 criteria, listed below. The way in which this proposal meets these criteria is shown in bold lettering. o The parking lot must be accessory to an existing nonresidential or recreational use located within the same Zoning Use District. The parking lot is intended for overflow parking for Captain Jack's, an existing nonresidential use also zoned R-2. o The parking lot must be located within 500 feet of the existing nonresidential or recreational use. The parking area is located within 500' of Captain Jack's. o The parking lot must meet all the provisions listed in Section 1107.203 (11), 1107.203 (13), and all of Section 1107.204. These provisions are the design criteria for parking areas. The Ordinance generally requires parking lots be paved with a hard surface; however, it does allow staff some discretion. Since this lot is for seasonal use, and it is subject to a conditional use permit, the staff has determined the Class 5 gravel surface would be appropriate in this case. The Planning Commission, on the other hand, disagreed with the staff's recommendation and required a paved surface. o No storage of any kind is permitted on the site. The applicant has Indicated no storage will be allowed on this site. o No structures are permitted on the site. The applicant is not proposing any buildings on the site. Section 1108.200 of the City Code sets forth the general criteria utilized to review a CUP application. (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. 1:\04 liles\04 appeals\capt jack\cc report.doc 3 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 parking lot will help to ease some of the congestion on the local streets by providing off-street parking for the existing use. (2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. The uses will not be detrimental to the health, safety, and general welfare of the community as a whole provided all conditions of approval are met. (3) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. One purpose of the Zoning Ordinance is to "protect the residential, business, industrial and public areas of the community and maintain their stability." The proposed use is consistent with this goal, provided the site complies with all conditions of approval. (4) The use will not have undue adverse impacts on governmental facilities, services, or improvements, which are either existing or proposed. So long as all conditions of approval are adhered to the uses will not over burden municipal facilities. (5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The Zoning Ordinance places conditions on free- standing parking lots that are intended to protect the use and enjoyment of properties in the uR" use districts. The proposed parking area is not directly facing any existing residences. The additional off- street parking will alleviate some of the parking problems in the area. (6) 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 Planning Commission and incorporated as part of the 1:104 liles\04 appeals\capt jack\cc report.doc 4 conditions imposed on the use by the Planning Commission. The parking lot will be screened by existing vegetation on the south, east and west sides. In order to mitigate the impact of the parking lot, the applicant should be required to provide some screening and separation of the lot from Green Heights Trail. This can be done by landscaping, minimal fencing or some combination of the two. The applicant must submit a plan for staff approval. (7) 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. The applicant has submitted very basic plans for the proposed parking lot. Prior to the establishment of this lot, the applicant will be required to submit a grading plan, to be approved by the City Engineer. (8) The use is subject to such other additional conditions which the Planning Commission 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 Planning Commission 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 Planning Commission. The City Council may revise the conditions placed on this permit by the Planning Commission or attach additional conditions as they deem appropriate to protect the general welfare, public safety, and neighborhood character. CONCLUSION: The proposed parking lot is allowed in the R-2 district with approval of a conditional use permit. In order to meet the above-listed criteria, the Planning staff recommended the following conditions: 1. A grading plan must be submitted and approved by the City Engineer before any grading or surfacing occurs on the property. 1:\04 files\04 appeals\capt jack\cc report.doc 5 2. Screening or fencing must be provided along Green Heights Trail to delineate the parking lot. A plan for this screening must be submitted to staff for approval. 3. The parking lot must be clearly signed to eliminate any storage or trailer parking. The applicant is responsible for enforcing this provision. 4. The applicant must enter into a lease agreement with the property owner for the use of this property. This lease must be submitted for review by the City Attorney. 5. During the off-season, the parking lot must be barricaded so no use will be allowed. The Planning Commission also agreed the proposed parking lot would meet the criteria of the Zoning Ordinance. The Planning Commission approved Resolution 04-08PC (see attached). This resolution includes the 5 conditions recommended by staff, and a 6th condition, as follows: The parking lot must be paved. ALTERNATIVES: The City Council has three alternatives: 1. Uphold the decision of the Planning Commission and deny the appeal. Attached City Council Resolution 04-XX (1) is consistent with this action. 2. Overrule the decision of the Planning Commission and grant the appeal. Attached City Council Resolution 04-XX (2) is consistent with this action. 3. Defer this item and provide staff with specific direction. RECOMMENDED ACTION: If the City Council agrees with the Planning Commission action, Alternative #1 is appropriate. This alternative requires a motion and second adopting a resolution upholding the decision of the Planning Commission. If the City Council agrees with staff's original recommendation, Alternative #2 is appropriate. This alternative requires a motion and second adopting a resolution overturning the decision of the Planning Commission and approving a CUP to allow a parking lot with Class 5 gravel. The Traffic Safety Committee believes that given the long- standing parking issues in this area, a temporary, off-street parking lot of Class 5 material is justified. Moreover, since this is a conditional use permit, the staff, the Planning Commission and the City Council '11 be able to assess the effectiveness of this conditional use rmit and recommend amendments or ca lIati 0 e proval if warranted. 6 REVIEWED BY: 1:\04 files\04 appeals\capt jack\cc rep . oc 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 04-XX (1) RESOLUTION OF THE PRIOR LAKE CITY COUNCIL UPHOLDING THE PLANNING COMMISSION'S DECISION TO REQUIRE PAVEMENT ON A SEASONAL, OFF-SITE ACCESSORY PARKING LOT FOR CAPTAIN JACK'S RESTAURANT MOTION BY: SECOND BY: WHEREAS, Steve Sammis, managing partner for Captain Jack's, is requesting a conditional use permit to establish an off-site, accessory parking lot for Captain Jack's Restaurant on the property located on the west side of Dutch Avenue, north of Pershing Street and south of Green Heights Trail, zoned R-1SD (Low Density Residential Shoreland District), and legally described as follows: Outlot I, Green Heights 1st Addition, Scott County, Minnesota and WHEREAS The Planning Commission reviewed the application for a conditional use permit as contained in Case File 04-70, and held a hearing thereon June 28, 2004; and WHEREAS, The Planning Commission concluded the conditional use permit was consistent with the criteria set forth in Section 1108.202 and Section 1102.503 of the Zoning Ordinance, subject to six conditions, including a condition requiring that the parking lot be paved; and WHEREAS, The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case File 04-70 and Case File 04-90, and held a hearing thereon on July 19, 2004. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: 1) The above recitals are incorporated as if fully set forth herein. 2) The City Council finds that the requested conditional use permit is consistent with the criteria set forth in Section 1108.202 and Section 1102.503 of the Zoning Ordinance, subject to six conditions, including a condition requiring that the parking lot be paved. 3) The City Council determined that the Planning Commission's decision to approve the conditional use permit subject to six conditions, including a condition requiring that the parking lot be paved denying should be upheld. 4) The City Council makes the following findings: a. Steve Sammis, Managing Partner of Captain Jack's, appealed the decision of the Planning Commission in accordance with Section 1108.210 of the City Code on June 29, 2004. 1:\04 files\04 appeals\captjack\uphold resolution.doc www.cityofpriorlake.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 b. The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case File 04-70 and Case File 04-90, and held a hearing thereon on July 19, 2004. c. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. o 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. o Another objective of the Comprehensive Plan is to "enact and maintain policies and ordinances to ensure the public safety, health and welfare." The proposed parking lot will help to ease some of the congestion on the local streets by providing off-street parking for the existing use. d. The use will not be detrimental to the health. safety, morals and general welfare of the community as a whole. o The uses will not be detrimental to the health, safety, and general welfare of the community as a whole provided all conditions of approval are met. e. The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. o One purpose of the Zoning Ordinance is to "protect the residential, business, industrial and public areas of the community and maintain their stability." The proposed use is consistent with this goal. provided the site complies with all conditions of approval. f. The use will not have undue adverse impacts on governmental facilities, services, or improvements. which are either existing or proposed. o So long as all conditions of approval are comply with the uses will not over burden municipal facilities. g. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. o The Zoning Ordinance places conditions on free-standing parking lots that are intended to protect the use and enjoyment of properties in the "R" use districts. The proposed parking area is not directly facing any existing residences. The additional off-street parking will alleviate some of the parking problems in the area. h. 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. o The parking lot will be screened by existing vegetation on the south, east and west sides. In order to mitigate the impact of the parking lot, the applicant should be required to provide some screening and separation of the lot from Green Heights Trail. This can be done by landscaping, minimal fencing or some combination of the two. The applicant must submit a plan for staff approval. i. 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 1:\04 files\Q4 appeals\captjack\uphold resolution.doc Page 2 facilities. The plans shall be included as part of the conditions set forth in the CUP approved by the City Council. o The applicant has submitted very basic plans lor the proposed parking lot. Prior to the establishment of this lot, the applicant will be required to submit a grading plan, to be approved by the City Engineer. j. 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. o The City Council has attached the listed conditions they deem appropriate to protect the general welfare, public safety, and neighborhood character. k. The parking lot must be accessory to an existing nonresidential or recreational use located within the same Zoning Use District. o The parking lot is intended for overflow parking for Captain Jack's, an existing nonresidential use also zoned R-2. I. The parking lot must be located within 500 feet of the existing nonresidential or recreational use. o The parking area Is located within 500' of Captain Jack's. m. The parking lot must meet all the provisions listed in Section 1107.203 (11), 1107.203 (13), and all of Section 1107.204. o These provisions are the design criteria for parking areas. The Ordinance generally requires parking lots be paved with a hard surface; however, it does allow staff some discretion. Since this lot is for seasonal use, and it is subject to a conditional use permit, the staff has determined the Class 5 gravel surface would be appropriate in this case. n. No storage of any kind is permitted on the site. o The applicant has indicated no storage will be allowed on this site. o. No structures are permitted on the site. o The applicant is not proposing any buildings on the site. 5) The Conditional Use Permit is hereby approved on the property legally described as follows: Outlot I, Green Heights 1st Addition 6) The Conditional Use Permit is hereby approved subject to the following conditions: a. The parking lot must be paved. b. A grading plan must be submitted and approved by the City Engineer before any grading or surfacing occurs on the property. c. Screening or fencing must be provided along Green Heights Trail to delineate the parking lot. A plan for this screening must be submitted to staff for approval. d. The parking lot must be clearly signed to eliminate any storage or trailer parking. The applicant is responsible for enforcing this provision. 1:\04 files\04 appeals\captjack\uphold resolution.doc Page 3 e. The applicant must enter into a lease agreement with the property owner for the use of this property. This lease must be submitted for review by the City Attorney. f. During the off-season, the parking lot must be barricaded so no use will be allowed. 7) The contents of Planning Case File 04-70 and Planning Case File 04-90 are hereby entered into and made a part of the public record and the record of the decision for this case. Passed and adopted this 19th day of July, 2004. Hauaen Hauoen Blombero Blombero LeMair LeMair Petersen Petersen Zieska Zieska YES NO {Seal) City Manager 1:\04 files\04 appeals\capt jack\uphold resolution.doc Page 4 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 04-XX (2) RESOLUTION OF THE PRIOR LAKE CITY COUNCIL OVERTURNING THE PLANNING COMMISSION'S DECISION TO REQUIRE PAVEMENT ON A SEASONAL, OFF-SITE ACCESSORY PARKING LOT FOR CAPTAIN JACK'S RESTAURANT MOTION BY: SECOND BY: WHEREAS, Steve Sammis, managing partner for Captain Jack's, is requesting a conditional use permit to establish an off-site, accessory parking lot for Captain Jack's Restaurant on the property located on the west side of Dutch Avenue, north of Pershing Street and south of Green Heights Trail, zoned R-1SD (Low Density Residential Shoreland District), and legally described as follows: Outlot I, Green Heights 1st Addition, Scott County, Minnesota and WHEREAS The Planning Commission reviewed the application for a conditional use permit as contained in Case File 04-70, and held a hearing thereon June 28, 2004; and WHEREAS, The Planning Commission concluded the conditional use permit was consistent with the criteria set forth in Section 1108.202 and Section 1102.503 of the Zoning Ordinance, subject to six conditions, including a condition requiring that the parking lot be paved; and WHEREAS, The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case File 04-70 and Case File 04-90, and held a hearing thereon on July 19, 2004. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: 1) The above recitals are incorporated as if fully set forth herein. 2) The City Council finds that the requested conditional use permit is consistent with the criteria set forth in Section 1108.202 and Section 1102.503 of the Zoning Ordinance, subject to five conditions. 3) The City Council finds that because the proposed parking lot is seasonal, a paved surface is not necessary. 4) The City Council determined that the Planning Commission's decision to approve the conditional use permit subject to six conditions, including a condition requiring that the parking lot be paved denying should be overturned. 5) The City Council makes the following findings: 1:\04 files\04 appeals\captjack\overturn resolution.doc www.cityofpriorlake.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 a. Steve Sammis, Managing Partner of Captain Jack's, appealed the decision of the Planning Commission in accordance with Section 1108.210 of the City Code on June 29, 2004. b. The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case File 04-70 and Case File 04-90, and held a hearing thereon on July 19, 2004. c. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. o 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. o Another objective of the Comprehensive Plan is to "enact and maintain policies and ordinances to ensure the public safety, health and welfare." The proposed parking lot will help to ease some of the congestion on the local streets by providing off-street parking for the existing use. d. The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. o The uses will not be detrimental to the health, safety, and general welfare of the community as a whole provided all conditions of approval are met. e. The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. o One purpose of the Zoning Ordinance is to "protect the residential, business, industrial and public areas of the community and maintain their stability." The proposed use is consistent with this goal, provided the site complies with all conditions of approval. f. The use will not have undue adverse impacts on governmental facilities, services, or improvements, which are either existing or proposed. o So long as all conditions of approval are comply with the uses will not over burden municipal facilities. g. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. o The Zoning Ordinance places conditions on free-standing parking lots that are intended to protect the use and enjoyment of properties in the "R" use districts. The proposed parking area is not directly facing any existing residences. The additional off-street parking will alleviate some of the parking problems in the area. h. 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. o The parking lot will be screened by existing vegetation on the south, east and west sides. In order to mitigate the impact of the parking lot, the applicant should be required to provide some screening and separation of the lot from Green Heights Trail. This can be done by landscaping, minimal fencing or some combination of the two. The applicant must submit a plan for staff approval. i. 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 1:\04 files\04 appeals\captjack\overturn resolution.doc Page 2 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. . The applicant has submitted very basic plans for the proposed parking lot. Prior to the establishment of this lot, the applicant will be required to submit a grading plan, to be approved by the City Engineer. j. 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. . The City Council has attached the listed conditions they deem appropriate to protect the general welfare, public safety, and neighborhood character. k. The parking lot must be accessory to an existing nonresidential or recreational use located within the same Zoning Use District. . The parking lot is intended for overflow parking for Captain Jack's, an existing nonresidential use also zoned R-2. I. The parking lot must be located within 500 feet of the existing nonresidential or recreational use. . The parking area is located within 500' of Captain Jack's. m. The parking lot must meet all the provisions listed in Section 1107.203 (11),1107.203 (13), and all of Section 1107.204. . These provisions are the design criteria for parking areas. The Ordinance generally requires parking lots be paved with a hard surface; however, it does allow staff some discretion. Since this lot is for seasonal use, and it is subject to a conditional use permit, the staff has determined the Class 5 gravel surface would be appropriate in this case. n. No storage of any kind is permitted on the site. . The applicant has indicated no storage will be allowed on this site. o. No structures are permitted on the site. . The applicant is not proposing any buildings on the site. 6) The Conditional Use Permit is hereby approved on the property legally described as follows: Outlot I, Green Heights 1st Addition 7) The Conditional Use Permit is hereby approved subject to the following conditions: a. A grading plan must be submitted and approved by the City Engineer before any grading or surfacing occurs on the property. b. Screening or fencing must be provided along Green Heights Trail to delineate the parking lot. A plan for this screening must be submitted to staff for approval. c. The parking lot must be clearly signed to eliminate any storage or trailer parking. The applicant is responsible for enforcing this provision. 1:\04 files\04 appeals\captjack\overtum resolution.doc Page 3 d. The applicant must enter into a lease agreement with the property owner for the use of this property. This lease must be submitted for review by the City Attorney. e. During the off-season, the parking lot must be barricaded so no use will be allowed. 8) The contents of Planning Case File 04-70 and Planning Case File 04-90 are hereby entered into and made a part of the public record and the record of the decision for this case. Passed and adopted this 19th day of July, 2004. Hauaen Hauaen Blombero Blomberg LeMair LeMair Petersen Petersen Zieska Zieska YES NO {Seal) City Manager 1:\04 files\04 appeals\captjack\overturn resolution.doc Page 4 Location Map for Captain Jack's Parking Lot Proposed Parking Lot Location ~ ~ - ~~ ~ ~I ~~- 3 ~ " I -~ II 500 , o 500 Feet , N + JUN-23-2004 WED 11:52 AM IVEX MORTGAGE ,..'\ ~L '-; ,~' ~..) .~ ..~~,/ ,_.l.. h ..""... -'".:5 '-...) \,) <; .-J /~, ~) '-' <.1 ~, ,-, t- t,1 + v) >Z ill ...J '. 1,'-\ (.) l\. ,,,:> cl.:.: r (, t \>,-' :2 t'1 :( ':" .t; '". t- ~.") c. '- ~J. '.~ ~. ~- tJ ,~ Q) >... '-'l' "I- V) Q) ~ I,l- FAX NO. 9522264877 P. 02 ..~ . ,,'oJ ',--- .,.. .e:. ....'(:) -, ,or .::; \.' - 1- .~ '" 6:. 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"7 Yl" J " "1 '1tf'-?Cl _________ __ __ _m, __ _ _ _ _ _ _ ___ _____ _) , ---_.__.~_._.__.._'--_..._._~-...,,---_.._~._~_."...._.--..-....-...----"--.-...-.-.------....--- ,\1 I ! , ,.I '.. ~ r- .,., ~ .c.. ,~? '-' :---c L ~ \j mD. [? ~ [~ 0 ,'V [3 ~'\i.. I If ~.~. IS: JllN 19:!1l1 Iii ill I Ui 1l!J City Council Members City of Prior Lake 16200 Eagle Creek Ave SE Prior Lake, MN 55372 29 June 2004 Subject: June 28th Planning Commission Decision Regarding Conditional Use Permit for Off-Site Accessory Parking Lot for Captain Jack's Restaurant. City Council Members, With this letter I would like to appeal the decision from the June 28th Planning Commission meeting regarding a stipulation ofthe Conditional Use Permit for an off-site accessory parking lot for Captain Jack's restaurant. Specifically, I would like to appeal the portion ofthe decision requiring the parking lot be paved. I submit this appeal for the following reasons: . The Captain Jack's ownership group does not own the property that will be utilized for the off-site accessory parking. The owner ofthe property has agreed to enter into a lease agreement with the restaurant allowing use ofthe land for parking purposes as we have proposed, however, the owner has specifically stated they do not want the property paved. . The owner of the property is not interested in selling the property to Captain Jack's. Therefore, purchasing and paving the property is not an option for the Captain Jack's ownership group. . We support the findings of City Staff indicating that a Class 5 surface in this case is consistent with the ordinance specifications. . The parking lot as proposed by Captain Jack's will be safe, contain a single entry/exit, be clearly defined, and will be well maintained. In accordance with other provisions of the Conditional Use Permit screening between the lot and Green Heights Trail will be provided. It will meet the needs of all parties; the neighborhood, the restaurant, and the community. With respect to maintenance of the lot, I contend that through the extensive improvements that have already been made to the restaurant facility itself, the current ownership group has proven that maintenance and appearance are top priorities. Maintenance will not be an issue. . With respect to the arguments that paving should be required because ofwhat's been dictated in other situations, I submit that this is a unique case. The use of this lot is the only practical solution to on-street parking. We all know that other land for parking usage is not available to the restaurant. Captain Jack's not owning the property and the residential neighborhood location limits the scope of what can be done. In summary, we all agree that reducing on-street parking is the safest and best solution for all parties. This is a common theme we have heard throughout the numerous discussions and meetings we've held with the neighbors. The use of the off-site parking lot as proposed by Captain Jack's is a solution that works and is key to achieving this goal. For these reasons I appeal to the Prior Lake City Council the Planning Commission's Conditional Use Permit stipulation requiring the parking lot be paved. We have a unique situation here and I ask that we all work towards a solution that is practical and meets the needs for all parties. Requiring the lot be paved eliminates the lot as a solution to the parking issues. Eliminating this option is not in the best interest ofthe neighborhood, community, or the restaurant. Thank you for your consideration ofthis request. If you have any questions or require additional information, please feel free to contact me at 952-212-8401. Regards, /~G ;:;s- Steve Sammis Managing Partner, Captain Jacks PLANNING COMMISSION MINUTES MONDAY, JUNE 28, 2004 1. Call to Order: Chairm Stamson called the June 28, 2004, Planning Commission meeting to order at 6;30 p.m. Those present were Commissioners Lemke, Perez, Ringstad and St son, Planning D ector Jane Kansier, Assistant City Engineer Larry Poppler and ording Secretary Co ie Carlson. Atwood Lemke Perez Ringstad Stamson Absent Presen Pre t esent Present 2, 3, Approval of Minutes: The Minutes from the June 14,2004, anning Commission meeting were approved as presented. 4, Consent: A, econd by Lemke, approving Reso tion 04-04PC Vote take ndicated ayes by all. MOTION CARRIED. issioner Stamson read the Public Hearing Statement an Public Hearings: ?\( A. #04-70 Captain Jack's is applying for a conditional use permit to establish an off-site, accessory parking lot for Captain Jack's restaurant, This property is located on the west side of Dutch Avenue, north of Pershing Street and south of Green Heights Trail. Planning Director Jane Kansier presented the Planning Report dated June 28, 2004, on file in the office ofthe City Planning Department. Steve Sammis of Captain Jack's Restaurant has applied for a conditional use permit to establish an off-site, seasonal accessory parking lot for Captain Jack's Restaurant on the property located on the west side of Dutch Avenue, north of Pershing Street and south of L:\04 FILES\04 PLAN COMMIS\04 pc Minutes\June 28, 04.doc 1 Planning Commission Meeting June 28, 2004 Green Heights Trail. The proposed parking lot will be surfaced with Class 5 gravel and will include 27-30 spaces. The access to the parking lot is from Green Heights Trail. The property is zoned R-2 (Low to Medium Density Residential) and SD (Shoreland District) and is guided R-L/MD (Low to Medium Density Residential) on the Comprehensive Land Use Plan Map. Off-site parking lots, accessory to an existing nomesidential use are permitted in the R-2 district subject to the conditions of Section 1102.503. The proposed parking lot is allowed in the R-2 district with approval of a conditional use permit. In order to meet the criteria, the Planning staff recommends the following conditions: 1. A grading plan must be submitted and approved by the City Engineer before any grading or surfacing occurs on the property. 2. Screening or fencing must be provided along Green Heights Trail to delineate the parking lot. A plan for this screening must be submitted to staff for approval. 3. The parking lot must be clearly signed to eliminate any storage or trailer parking. The applicant is responsible for enforcing this provision. 4. The applicant must enter into a lease agreement with the property owner for the use of this property. This lease must be submitted for review by the City Attorney. 5. During the off-season, the parking lot must be barricaded so no use will be allowed. Stamson questioned the existing parking requirements for Captain Jack's. Kansier responded she would get back to him with the exact number. Commissioner Ringstad is abstaining from the discussions and voting. Comments from the public: Steve Sammis representing Captain Jack's stated their goals were consistent with the goals and intent of the Comprehensive Plan Use. Prior Lake is different from other communities having a restaurant on the lake. Captain Jack's employees over 60 people. The number one issue facing the restaurant is the parking. They have had numerous conversations with the City to work out this problem. Captain Jack's will work with the City and Planning Commission towards a solution. The public hearing was closed at 6:45 p.m. Comments from the Commissioners: Lemke: . Questioned the screening or fencing requirement. Kansier responded that fencing would be more of a delineator. An example would be a split rail fence so people would know where parking is regulated. Screening would be better, maybe a combination of fencing and bushes. Something to divide a clear delineation. L\04 FILES\04 PLAN COMMIS\04 pc MinutesVune 28, 04.doc 2 Planning Commission Meeting Jane 28, 2004 · My only concern is if it is screened too well it may be an opportunity for mischief around cars and not be seen. That is an issue for the owners. . Clearly there is a problem with parking. · Agreed with Sammis that creating this parking lot legally will solve some of the problems. . Would prefer to see a hard surface. · It is a necessary thing to do. Will support with the outlined conditions. Staff did a good job laying out the criteria. Perez: · Agreed with the criteria from the Conditional Use Permit and Findings. · Agreed with Lemke on the hard surface. If the parking lot is screened properly it can be taken care of. . Agreed with the safety factor. . What would happen with the "temporary parking" if the event the Conditional Use Permit was approved? Kansier said the City Council has agreed to temporarily take down some of the "No Parking" signs. Once the Conditional Use Permit is approved and the parking lot established, she believed City Council will look at it again. It was mainly a temporary fix. . Agreed with the stated conditions, especially the screening. . Support. Stamson: . When this Conditional Use Permit was initially brought up, there were a number of organizations and companies around the lake that are impacted by the changes and impacts of ordinances over the years. Most have been here longer than Prior Lake had any ordinances and were originally not in the City. There were no constraints by the neighborhoods around them. A Captain Jack's would probably not be allowed to build where it is today. A parking lot in this location to serve Captain Jack's is a great idea and fits with the spirit when we implemented this. . I do have a problem with the proposal- a gravel lot. We would have never accepted a gravel lot. They are just not approved. It is incredulous we would even consider a gravel lot in the middle of a residential neighborhood. All driveways and parking lots have to be paved. · We just required a bus storage lot at the end of a gravel road to be paved. Now we're saying a gravel lot in the middle of a neighborhood. !tjust doesn't fit. . This is not an overflow. Any other place in town would have to pave the parking lots. Our standards have always been paved all over town. The fact this is "seasonal" is not the issue. . This does not meet the goals and policies ofthe Comprehensive Plan nor the criteria of the Conditional Use Permit. All of our ordinances are very clear on screening and paving. We go out of our way to make sure parking lots are screened heavily. . The use will have an impact on the surrounding properties - there is no faster way to a weed infested litter as a neighbor's eyesore is to put in a gravel lot. L:\04 FILES\04 PLAN COMMIS\04 pc MinutesVune 28, 04.doc 3 Planning Commission Meeting June 28, 2004 · A gravel lot becomes overrun with weeds; collects litter and is difficult to maintain. To plop this in the middle of a residential neighborhood is a bad idea. · See no reason why this should not be paved. It would be required 100% anywhere else in the City. . Will not support an unpaved parking lot. General Discussion: Perez: · I did have the same thoughts but if this is screened I can get over the hump. Stamson sees a bigger picture in mind. That's we should be considering. Stamson: . You can put trees around it, but in reality, you would have a large gravel lot in the neighborhood. We never ever considered that anywhere else in town. . We just told the bus company they had to pave their parking lot. It is generally not what we do. If any place we would say it would not have to be paved its there because everything else around it is gravel. . We said it had to be paved. Now we're looking at one that doesn't have to be paved. It just seems inconsistent. Lemke: . There are two down sides to the gravel. 1) impervious surface; and 2) I wonder how much ofthat paving is a result of effective snow removal? That is not the issue with the bus parking lot. They have to operate through the winter. . I don't disagree that gravel is not allowed, however we don't have situations where parking lots are used 6 months out of the year and are going to be barricaded so they can't be used the other 6 months. Stamson: · The impervious surface will not make much difference. A gravel lot driven on becomes impervious very quickly. Plus you are going to increase silt run-off. In a hard rain storm the top will run off. That will not happen with tar. It is a non- Issue. . As far as seasonal parking - It would be a better argument if it were only used one month out of the year. The application asks for 6 months - that's not seasonal. Almost every business has some seasonality to it. . This is also not overflow parking for an event here and there. . They are working with a variance at this time. A normal restaurant would be required to have this amount of parking. . It's really not seasonal or exceptional. Its just parking they need to operate the business which everywhere else in the City would be paved. L\04 FILES\04 PLAN COMMIS\04 pc Minutes\June 28, 04.doc 4 Planning Commission Meeting June 28, 2004 Lemke: . Out ofthose 6 months are we talking 8 days a month? Or 30 days a month? I wouldn't think a Wednesday afternoon would have overflow parking compared to a weekend. Stamson: . How is that different than the Hollywood Bar? He has a big paved parking lot that could easily be gravel. Our ordinance says if you have a parking lot, it's paved. Perez: . It's still in the same neighborhood whether it's used or not. Lemke: . That is true. It's more like an accessory lot rather than an attached lot like the Hollywood or the bus parking lot. The Commissioners discussed the traffic and times; the pros and cons of gravel versus a paved parking lot. Everywhere else in the City, every other application is required to be paved. Perez & Lemke . With Stamon's arguments will support that condition. Motion by Stamson, Second by Perez, approving Resolution 04-08PC a Conditional Use Permit to allow for off-site, free-standing parking lot as an accessory parking area for Captain Jack's Restaurant with the additional condition #6 that the parking lot be paved, Ringstad abstained. Vote taken indicated ayes by all. MOTION CARRIED. For the Record: Lemke said he did not want to vote against the parking lot but did not think the pavement is necessary. Kansier explained the appeal process. Richard and Sheridan Hafdal ar plying for a variance to the 187 Shady Beach Trail. Richard and Sheridan aal are requesting a v . ce to construct a deck addition to an . y dwelling on property located at Shad "Beach Trail. In order L:I04 FILESI04 PLAN COMMISI04 pc Minute,liune 28. 04.doc 5 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CONDITIONAL USE PERMIT RESOLUTION 04.08PC A CONDITIONAL USE PERMIT TO ALLOW AN OFF-SITE, FREE-STANDING PARKING LOT AS AN ACCESSORY PARKING AREA FOR CAPTAIN JACK'S RESTUARANT WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, The Prior Lake Planning Commission conducted a public hearing on June 28, 2004, to consider an application from Steve Sammis to allow an off-site, free- standing parking lot as an accessory use for Captain Jack's Restaurant on the property located on the west side of Dutch Avenue, north of Pershing Street and south of Green Heights Trail; and Notice of the public hearing on said CUP was duly published in accordance with the applicable Prior Lake Ordinances; and 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 for a parking lot; and The Planning Commission finds the CUP for a parking lot in harmony with both existing and proposed development in the area surrounding the project; and The City Council 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 Zoning Ordinance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 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 parking lot will help to ease some of the congestion on the local streets by providing off-street parking for the existing use. L:\04 FILES\04 CUP'SICaplain Jack's\cup resolution.DOC . f . J k WWW.cltyopnorae.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 b. The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. The uses will not be detrimental to the health, safety, and general welfare of the community as a whole provided all conditions 01 approval are met. 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. One purpose of the Zoning Ordinance is to "protect the residential, business, industrial and public areas of the community and maintain their stability." The proposed use is consistent with this goal, provided the site complies with all conditions of approval. d. The use will not have undue adverse impacts on governmental facilities, services, or improvements, which are either existing or proposed. So long as all conditions of approval are comply with the uses will not over burden municipal facilities. e. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The Zoning Ordinance places conditions on free-standing parking lots that are intended to protect the use and enjoyment of properties in the "R" use districts. The proposed parking area is not directly facing any existing residences. The additional off-street parking will alleviate some of the parking problems in the area. 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. The parking lot will be screened by existing vegetation on the south, east and west sides. In order to mitigate the impact of the parking lot, the applicant should be required to provide some screening and separation of the lot from Green Heights Trail. This can be done by landscaping, minimal fencing or some combination of the two. The applicant must submit a plan for staff approval. 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. The applicant has submitted very basic plans for the proposed parking lot. Prior to the establishment of this lot, the applicant will be required to submit a grading plan, to be approved by the City 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. The Planning Commission may revise the recommended conditions or attach additional conditions as they deem appropriate to protect the general welfare, public safety, and neighborhood character. L:I04 FILESI04 CUP'SICaptain Jack's\cup resolution.DOC Page 2 3. Section 1102.503 lists the specific criteria for free-standing parking lots In the R-2 district. These criteria are discussed below: a. The parking lot must be accessory to an existing nonresidential or recreational use located within the same Zoning Use District. The parking lot is intended for overfow parking for Captain Jack's, an existing nonresidential use also zoned R-2. b. The parking lot must be located within 500 feet of the existing nonresidential or recreational use. The parking area is located within 500' of Captain Jack's. c. The parking lot must meet all the provisions listed in Section 1107.203 (11), 1107.203 (13), and all of Section 1107.204. These provisions are the design criteria for parking areas. The Ordinance generally requires parking lots be paved with a hard surface; however, it does allow staff some discretion. Since this lot is for seasonal use, and it is subject to a conditional use permit, the staff has determined the Class 5 gravel surface would be appropriate in this case. d. No storage of any kind is permitted on the site. The applicant has indicated no storage will be allowed on this site. e. No structures are permitted on the site. The applicant is not proposing any buildings on the site. 4. The Conditional Use Permit is hereby approved on the property legally described as follows: Outlot I, Green Heights 1st Addition 5. The Conditional Use Permit is hereby approved subject to the following conditions: a. The parking lot must be paved. b. A grading plan must be submitted and approved by the City Engineer before any grading or surfacing occurs on the property. c. Screening or fencing must be provided along Green Heights Trail to delineate the parking lot. A plan for this screening must be submitted to staff for approval. d. The parking lot must be clearly signed to eliminate any storage or trailer parking. The applicant is responsible for enforcing this provision. e. The applicant must enter into a lease agreement with the property owner for the use of this property. This lease must be submitted for review by the City Attorney. f. During the off-season, the parking lot must be barricaded so no use will be allowed. CONCLUSION Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use Permit for a free-standing parking lot. The contents of Planning Case File #04-70 is hereby entered into and made a part of the public record and the record f the decision for this case. Passed and adopted this 28'h day of June, 2004. Kansier, Plan ng Director ILESI04 CUP'SICaptain Jack'slcup resolution.DOC Page 3 July 12, 2004 Mayor and City Council Members 16200 Eagle Creek Ave S.E. Prior Lake, Minnesota 55372 RE: Public Hearing Captain Jack's Mayor and City Council Members I will be out of town and unable to attend the Public Hearing. The current City Ordinance requires paving of parking lots and access control for parking lots. The; ~\ty has stepped up its street sweeping, to provide pick up of debris and improve lake watQr quality. Unfortunately the picking up of debris comes after the material has eroded onto the street. One of the residential driveways in the area seriously erodes with each rain. The proposed parking lot is across the street from the Lake of Prior Lake, and erosion into the lake will occur with each rain without the street sweeper having a chance to remove the debris. I personally have no opposition to the additional parking, if the improvements meet City Ordinances. Sincerely, ~& ~:on 16575 Dutch Ave S.E. Prior Lake, Mn 55372 447-5229