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Home My WebLink About8D - Reconsideration of Shore Club Ordinance O� PRION � y U t"T• 4646 Dakota Street SE `y Soo- CITY Prior Lake,MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: FEBRUARY 23, 2015 AGENDA#: gD PREPARED BY: DAN ROGNESS, COMMUNITY& ECONOMIC DEVELOPMENT DIRECTOR PRESENTED BY: DAN ROGNESS AGENDA ITEM: CONSIDER APPROVAL OF A COUNCILMEMBER REQUEST FOR RECOW SIDERATION OF THE COUNCIL'S VOTE REGARDING PRIOR LAKE SHORE CLUB (CAPTAIN JACK'S) CITY ORDINANCE 115-05 DISCUSSION: Introduction The purpose of this item is to consider whether further discussion and possible action should be taken related to Ordinance 115-05(attached) that allows ex- pansion of a nonconforming restaurant at 3950 Green Heights Trail SW. The current restaurant and marina business is known as Captain Jacks; the pro- posed name will be the Prior Lake Shore Club & Marina. History On February 9, the City Council adopted Ordinance 115-05, which was subse- quently published in the Prior Lake American on February 14. This ordinance allows the expansion of a nonconforming restaurant with 14 conditions. At the end of the City Council meeting, a representative of the prospective new owners stated that condition "k"which limited parking to 16 to 20 stalls was not accepta- ble and therefore, they would not proceed with the expansion project for Shore Club & Marina. Current Circumstances Councilor McGuire has informed other council members that he would like to bring Ordinance 115-05 back to the council for further discussion and action, especially as it pertains to condition "k". Conclusion The proposed expansion of nonconformities related to the restaurant, bar and associated parking lot may be approved by a special ordinance specific to this property. Per City Council Bylaws, the council may reconsider its previous ac- tion to adopt Ordinance 115-05 that was taken on February 9. ISSUES: There are a number of options available to the city council and some that are not. Should the City Council reconsider the February 9, 2015 approval of Ordinance 115-05? If the city council does not pass the reconsideration motion then no further action may occur on this item. If the City Council decides to reconsider its February 9, 2015 approval of the Ordinance, should the Council(1) reaffirm adoption of the Ordinance in the form originally adopted by the City Council on February 9, 2015, or (2) adopt an Phone 952.447.9800/Fax 952.447.4245/www.cityofpriorlake.com Ordinance that is in substantially the same form as that originally presented to the Planning Commission and City Council, or(3) decide not to adopt any ordi- nance approving the expansion of this non-conforming use? Any of the above options are possible. However, if the City Council wishes to pursue a plan for expansion of the non- conforming use that substantially varies from that previously presented to and approved by the Planning Commission and City Council, the City Attorney has advised that such a step cannot be accomplished through a motion to recon- sider, but instead would require that the matter be sent back to the Planning Commission in order to conduct a new public hearing. Does the City Council want to consider sending the matter back to the Planning Commission for this or other reasons? FINANCIAL From a staff overview perspective there would be little impact in monitoring the IMPACTS: project with minor impacts or as previously approved. There will be a tax base increase if a new restaurant is built. There could be individual property impacts as well as a result of the proposed parking. The staff has asked the County Assessor's office to comment upon the most likely impacts in both cases. We hope that the comments will be available by Monday, February 23. ALTERNATIVES: 1. Motion and a second to direct specified actions related to Ordinance 115- 05. 2. Motion and a second to table action and provide further direction to city staff. RECOMMENDED Per Council Direction MOTIONS: ATTACHMENTS: 1. Ordinance 115-05 2. Correspondence from Captain Jack's Property Owner Karen Sweet 2 o� PRI(:)� U 4646 Dakota Street SE Prior Lake,MN 55372 '�rrmvsso'�P CITY OF PRIOR LAKE ORDINANCE NO. 115-05 AN ORDINANCE AMENDING SECTION 1102, USE DISTRICT REGULATIONS, OF THE PRIOR LAKE CITY CODE AS SUBSECTION 1102.1600, EXPANSION OF A NONCONFORMING RESTAURANT USE The City Council of the City of Prior Lake, Minnesota, does hereby ordain that the following Subsection is added to Section 1102 of the City Code: 1102.1600 Expansion of a Nonconforming Restaurant Use. The purpose of this Subsection is to permit the expansion of a nonconforming restaurant use on Upper Prior Lake upon the conformance to certain conditions and regulations as set forth below. (1) Findings. The City Council finds that the City and its residents will benefit by establishing conditions for parcels of property that conditions the expansion of a nonconforming use to the site and neighborhood based on the conditions set forth in 1102.1600 (3) based upon the following findings: a. Based upon Minnesota Statutes 462.357, Subd. 1e, the City of Prior Lake is authorized to permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare or safety. b. Property legally described as Lot 20, Green Heights First Addition, Lying East of a Line Commencing 50 feet East of the South Corner Northwest to a Point 63 Feet Northeast of the Northwest Corner of Lot 20, City of Prior Lake, Scott County, Minnesota, Parcel ID 251020220 ("Project Site A") has a nonconforming use due to the principal building's lake setback and its first floor elevation in the floodplain. The lot is conforming in the Shoreland District by meeting zoning minimum lot dimensional standards for the Medium Density Residential (R-2) Use District per Subsection 1102.505 of the Prior Lake Zoning Ordinance. C. Property legally described as Lot 7, Green Heights First Addition, City of Prior Lake, Scott County, Minnesota, Parcel ID 251020060("Project Site B")is a nonconforming lot in the Low Density Residential (R-1) Use District with a 75-feet lot frontage compared to the 86-feet minimum. The lot area of 15,000 square feet is above the 12,000 square foot minimum d. The Minnesota Department of Natural Resources ("DNR"), on April 5, 2007, approved a transfer of an amended DNR Permit#1988-6299, authorizing a specific dock layout for this Mooring Facility with the restaurant known as Captain Jack's. e. An application was received by the City of Prior Lake from Water Street Restaurants Group, LLC(the"Developer")to reconstruct an existing marina and associated restaurant on Project Site A with additional off-street parking to be constructed on Project Site B (both combined as the"Project Site"). (2) Definition. Nonconforming or nonconformity means any development, including but not limited to structures,signs,site lighting,off-street parking, bufferyards, land uses,or parcels which were legally constructed or established prior to the effective date of this Ordinance, or subsequent amendment to it,which would not be permitted by or is not in full compliance with the provisions of the City Zoning Code. (3) Authorization. The expansion of the existing restaurant on Project Site A, and the construction of a parking lot on Project Site B is permitted upon the following conditions: a. The Project Site shall be developed in accordance to the Site Plan revised January 27, 2015, or as may be further amended and approved by the City, and hereby incorporated into this Ordinance. b. Project Site B shall always be used in conjunction with Project Site A. C. The restaurant building shall be set back a minimum of twenty-five (25) feet from the 904' Ordinary High Water Level elevation of Upper Prior Lake. d. The restaurant building shall be set back a minimum of ten(10)feet from the side property lines, and a minimum of twenty-five(25)feet from the front property line. e. No deck area shall encroach upon the Ordinary High Water Level elevation of 904 feet. f. The maximum impervious surface for the Project Site shall be seventy-five(75) percent. g. A minimum of 80 off-street parking stalls shall be provided on the Project Site. h. The restaurant/bar operations shall be limited to the following hours: Monday-Thursday= 11:00 a.m to 11:00 p.m; Friday = 11:00 a.m. to 1:00 a.m.; Saturday = 9:00 a.m. to 1:00 a.m.; and Sunday=9:00 a.m to 11:00 p.m. Outdoor serving of food and drinks shall stop no later than 11:00 p.m. Sunday through Thursday, and no later than midnight Friday and Saturday. i. Seating for the bar/restaurant shall be at a maximum capacity of 105 indoor and 180 outdoor. j. The number of boat slips associated with the DNR-approved dock configuration shall not be expanded (per DNR Transferred-Amended Public Water Permit dated April 5, 2007). A total of 80 boat slips in their existing configuration are permitted, including a maximum of 60 for lease, and a minimum of 20 for public use. k. The parking lot on Project Site B shall be designed for 16-20 stalls with one parking row and corresponding drive isle. This lot shall be used only by the use of permits as approved by the owner for boat slip renters associated with the marina operation, and for special events; in addition, special events and overflow parking shall be allowed by valet only. Lighting for this parking lot shall be limited to a cut-off, bollard-style at a maximum height of 42 inches. Buffering shall meet or exceed the requirements of the City's bufferyard Type C, allowing plantings to be off-site on neighboring properties, if necessary. I. No outdoor music of any kind shall be allowed past 10:00 p.m., Monday through Sunday. M. No on-street parking is allowed for employees of the restaurant/bar. 2 n. All other City Code regulations not exclusively specified herein shall be followed. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 9th day of February, 2015. ATTEST: Oj'j�/' , k�� Cityn ei Mayor Published in the Prior Lake American on the 14th day of February, 2015. 3 Jennifer Dull From: Frank Boyles Sent: Wednesday, February 18, 2015 4:51 PM To: Jennifer Dull Subject: FW:Agenda Item 9A:Captain Jack' From: Sent:Wednesday, February 18, 2015 3:28 PM To: Frank Boyles Subject:Agenda Item 9A: Captain Jack' Dear Mayor Hedberg, Prior Lake City Council Members & Mr. Boyles, Thank you for your reconsideration of the Prior Lake City Council's February 9th agenda item 9A regarding the ordinance related to the potential sale of Captain Jack's. I understand that this issue will be reopened and readdressed at the City Council's February 23rd meeting. I believe everyone involved can appreciate the good fortune of finding such outstanding buyers for this property. As the current owner of Captain Jack's, there are always several options and opportunities for us as we are looking to"end our reign". We believe the Prior Lake Shore Club and Marina's plans represent the best option for all concerned. My husband, Rich, and I, strongly believe that owning Captain Jack's is first and foremost, "a responsibility." We feel a responsibility to our employees (most of whom are not only Prior Lake residents, but for a large percentage, it was his/her 1 st job), a responsibility to our vendors (most of whom are Prior Lake businesses), our City, our neighbors and our patrons. We have dedicated all our time, effort and a significant reinvestment of money, trying our best to provide and maintain a great atmosphere, great food and great service to the best of our ability. Along those lines, it is very important to my husband, and I, that we"pass the torch" of this special property to a buyer who understands and believes, as we do, in the importance and responsibility of moving forward in the best way with all of our stakeholders. We hope everyone realizes that Prior Lake Shore Club and Marina exceeds all our expectations. Their team consists of people that live in the Community, completely understand the neighborhood, are very experienced in operating successful restaurants and are willing, and able, to invest huge sums of money to improve/rebuild our Prior Lake gem. They have already shown their wiliness to work with others, such as the City and neighbors, in terms of revising their plans and increasing their initial budgets. We may not have pleased everyone all the time during our ownership, but we have worked hard, and succeeded at improving the relationships with our neighbors. We believe the Prior Lake Shore Club and Marina team will operate with the same respect, while having the expertise to tremendously enhance the establishment. It is my understanding that there are 2 issues, both regarding parking, that are going to be reexamined at the February 23rd meeting. We hope for the sake of all, that while considering the needs of all, this modified ordinance is approved as presented. Also, we ask that if the updated ordinance is not approved in a form satisfactory to our buyers that the City Council simply withdraw any ordinance applicable to the future development of the property and thus clarify that the status quo will stay in place as to our continued operations. As you may imagine, we have been working on this purchase for quite a while, and we are at the point in time where we have to settle our plans now, especially if we are going to reopen Captain Jack's for the coming season. Your vote February 23rd is imperative to give either Captain Jack's or Prior Lake Shore Club and Marina time to follow our respective plans. We appreciate your time and consideration and hope to see you at the grand opening of the Prior Lake Shore Club and Marina soon! Sincerely, Karen Sweet Captain Jack's 1