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Home My WebLink About04-120 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 04.120 I RESOLUTION OF THE PRIOR LAKE CITY COUNCIL OVERTURNING Tt-jlE PLANNING COMMISSION'S DECISION TO REQUIRE PAVEMENT ON A SEASONAL, OFIi-SITE ACCESSORY PARKING LOT FOR CAPTAIN JACK'S RESTAURANT MOTION BY: PETERSEN SECOND BY: LEMAII~ WHEREAS, Steve Sammis, managing partner for Captain Jack's, is requesti~g a conditional use permit to establish an off-site, accessory parking lot for Captain ~ack's Restaurant on the property located on the west side of Dutch Avenue, north of IPershing Street and south of Green Heights Trail, zoned R-1 SD (Low Density Residential Shoreland District), and legally described as follows: I Outlot 1, GREEN HEIGHTS FIRST ADDITION, according to the plat thereof on file and of record in the Office of the Register of Deeds in and for said county, state, EXCEPT the following described parcels: All that part of Outlot 1, Green Heights First Addition, beginning at the southeast corner of Lot 7, said addition, thence easterly (at right angles with the westerly line of said Outlot 1) a distance of 100.00 feet; thence northerly (parallel with said west line) to the intersection with the northerly line of said Outlot 1, thence westerly along said northerly line to the northwest corner of said Outlot 1, thence southerly along said west line to the point of beginning; AND a 50 foot strip of land in Outlot 1, lying northerly and adjacent to Lots 17 and 18, Plat of Green Heights First Addition. 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. r:\resoluti\planres\2004 \04-120.doc www.cityofpriorlake.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 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: 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. · 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. d. 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. 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. . 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. . 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. . 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. r:\resoluti\planres\2004\04-120.doc Page 2 . 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 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: r:\resoluti\planres\2004\04-120.doc Page 3 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. 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. Hau en Blomber LeMair Petersen Zieska YES X X X X NO {Seal} r:\resoluti\planres\2004\04-120.doc Page 4