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HomeMy WebLinkAbout9A Ordinance Amending Subsection 1102.1100 relating to C-2 General Business Use District PRI°4% 6001 4646 Dakota Street SE Prior Lake,MN 55372 "`NNES��A CITY COUNCIL AGENDA REPORT MEETING DATE: JUNE 8, 2015 AGENDA#: 9A PREPARED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT SPECIALIST PRESENTED BY: DAN ROGNESS, COMMUNITY& ECON. DEVELOPMENT DIRECTOR AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SUBSECTION 1102.1100 OF THE PRIOR LAKE ZONING ORDINANCE RELATED TO THE C-2, GENERAL BUSINESS USE DISTRICT DISCUSSION: Introduction The purpose of this agenda item is to consider approval of an ordinance amending Subsection 1102.1100, C-2, General Business Use District of the City of Prior Lake Zoning Ordinance. History As a result of public comments received during Business Retention and Expansion visits and events like the Business & Industry Forum related to restrictive zoning and development requirements in the City of Prior Lake, city staff, the EDA and EDAC have attempted to identify opportunities to make the City of Prior Lake more "business friendly". The City of Prior Lake previously completed a comprehensive review and proposed multiple amendments to the I-1, General Industrial and C-3, Business Park use district standards, which have been reviewed by the Planning Commission and approved by the City Council. The review of the C-2, General Business Use District is the next step in the process to review and propose zoning ordinance amendments for all industrial and commercial use districts in Prior Lake. Current Circumstances Under the direction of the EDAC, Community and Economic Development staff researched the building standards and similar general business zoning ordinance requirements from peer communities in the region; peer communities were chosen based on proximity or size. Attached to this report is a peer community comparison which identifies the approved use and zoning requirements from the six peer communities studied as well as the proposed redlined amendments to the Zoning Ordinance. The zoning and land use comparison indicates Prior Lake is more restrictive than peer communities in some areas and less restrictive in others. Generally, it does not appear that Prior Lake is overly restrictive but areas were identified where the City can amend the Zoning Ordinance to simplify the development process and ensure Prior Lake's zoning Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com requirements and development standards are similar to the surrounding communities. Staff has proposed multiple amendments to bring Prior Lake's Zoning Ordinance in line with its surrounding communities. City staff has worked with the City Attorney's Office on the amended Zoning Ordinance language and the City Attorney's Office has reviewed all proposed revisions. Below is a summary of proposed amendments to the Section 1102.1100 of the Prior Lake Zoning Ordinance: Permitted Uses. The following uses have been added as a Permitted Use in the "C-2" General Business Use District: ➢ Business Services ➢ Copy Shop ➢ Private Entertainment (Indoor) Uses Permitted With Conditions. The following amendments have been made to the Uses Permitted With Conditions section of the "C-2" General Business Use District: ➢ Food Service was removed as a Use Permitted With Conditions as this use was also listed as a permitted Accessory Use. ➢ Copy Shop was removed as a Use Permitted With Conditions and added as a Permitted Use. ➢ Game Room was removed as a Use Permitted With Conditions as this use would be Permitted under the definition of Private Entertainment (Indoor). Uses Permitted With Conditional Use Permit. The following amendments have been made to the Uses Permitted by Conditional Use Permit in the "C- 2" General Business Use District: ➢ Private Entertainment (Indoor) was removed as a Use Permitted by Conditional Use Permit and added as a Permitted Use. ➢ The Marinas use was removed and replaced with Marina, Commercial and Marina, Recreational. ➢ Community Center was added as a Use Permitted by Conditional Use Permit. Required Setbacks. The following minimum setbacks have been revised: ➢ Minimum Lot Area was reduced from 1 acre to 0.5 acre. ➢ Minimum Lot Width was reduced from 150' to 100'. ➢ Structure side yard setback was decreased from 20' to 10'. ➢ Structure rear yard setback was decreased from 30' to 15'. ➢ Building setback adjacent to an "R" use district was decreased from 60' to 40'. Conclusion The Economic & Community Development Strategic Element of the 2030 Vision and Strategic Plan identifies a goal to review the existing city code and zoning ordinance provisions to assess their impact on achieving economic development objectives. The Planning Commission, following an April 20, 2015 public hearing, reviewed and recommended approval of the proposed ordinance amendments. No one was present to offer comments at the hearing. ZONING ORDINANCE AMENDMENT FINDINGS: Section 1108.600 of the Zoning Ordinance states: 1108.600 POLICY FOR AMENDMENTS. Recommendations of the Planning Commission and final determinations of the City Council shall be supported by findings addressing the relationship of the proposed amendment to the following policies: In the case of amendments to the formal text of this Ordinance: D There is a public need for the amendment, or D The amendment will accomplish one or more of the purposes of this Ordinance, the Comprehensive Plan or other adopted plans or policies of the City, or D The adoption of the amendment is consistent with State and/or federal requirements. 1. There is a public need for the amendments. Property and business owners have expressed concerns that restrictive zoning and land use requirements create a slow and costly development process and the requirements are hampering their ability to grow and expand businesses or develop properties. Staff research identified areas where the City of Prior Lake does have somewhat restrictive requirements related to zoning, land use and development in its C-2, General Business Use District compared to surrounding communities. The proposed Zoning Ordinance amendments relax some of the current development requirements, provide more flexible development options and more closely align Prior Lake's Zoning Ordinance to those of surrounding communities. 2. The amendment will accomplish one or more of the purposes of this Ordinance, the Comprehensive Plan, or other adopted plans or policies of the City. This amendment will accomplish a goal of the 2030 Vision and Strategic Plan under the Economic and Community Development strategic element, which is to review the existing City Code and Zoning Ordinance provisions to assess their impact on achieving economic development objectives. Staff believes by listing specific conditions of approval, allowing a wider variety of uses within its general business use districts and providing adequate separation distances from adjacent properties, the proposed amendments meet the following purposes of the Zoning Ordinance: ➢ Protect the residential, business, industrial and public areas of the community and maintain their stability. ➢ Promote the most appropriate and orderly development of the residential, business, industrial, public land and public areas. ➢ Provide for compatibility of different land uses by segregating, controlling and regulating unavoidable nuisance producing uses. 3. The adoption of this amendment is consistent with State and/or federal requirements. These amendments are consistent with federal and state requirements. Based upon the findings set forth in this report, staff recommends approval of the proposed Zoning Ordinance amendments. ISSUES: Amendments to the Zoning Ordinance shall not have a negative effect on the health, safety, and welfare of surrounding properties or community residents. FINANCIAL If approved, the ordinance amendments may allow for increased economic IMPACT: development activity which would facilitate a more diverse tax base and job creation. By providing more permitted and permitted with conditions uses, less staff time dedicated to the development approval process will be required. ALTERNATIVES: 1. Motion and a second to approve an Ordinance amending Subsection 1102.1100, C-2, General Business Use District of the City of Prior Lake Zoning Ordinance, as proposed or with changes specified by the City Council. 2. Motion and a second denying the proposed zoning ordinance amendments based on specific findings. 3. Motion and a second to table this item for a specific purpose. RECOMMENDED Alternative#1 MOTION: ATTACHMENTS: 1. Proposed Amendments to Section 1102.1100 (Redlined) 2. Proposed Amendments to Section 1102.1100 (Clean) 3. General Business Property— Use Comparison 4. General Business Property— Proposed Amendments 5. General Business Property—Zoning Comparison 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 115-xx AN ORDINANCE AMENDING SUBSECTION 1102.1100 OF THE PRIOR LAKE CITY CODE RELATED TO THE C-2, GENERAL BUSINESS USE DISTRICT AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS The City Council of the City of Prior Lake, Minnesota, does hereby ordain that: 1. Subsection 1102.1101, Permitted Uses, of Section 1102, Use District Regulations, of the Prior Lake Zoning Ordinance is hereby amended by inserting the following Permitted Uses: ➢ Business Services ➢ Copy Shop ➢ Private Entertainment(Indoor) 2. Subsection 1102.1102, Uses Permitted With Conditions, of Section 1102, Use District Regulations, of the Prior Lake Zoning Ordinance is hereby amended by deleting the following Uses Permitted With Conditions: ➢ Food Service ➢ Copy Shop ➢ Game Room 3. Subsection 1102.1103, Uses Permitted With Conditional Use Permit, of Section 1102, Use District Regulations,of the Prior Lake Zoning Ordinance is hereby amended by inserting the following Uses Permitted With Conditional Use Permit: ➢ Marina Commercial ➢ Marina Recreational ➢ Community Center 4. Subsection 1102.1103, Uses Permitted With Conditional Use Permit, of Section 1102, Use District Regulations,of the Prior Lake Zoning Ordinance is hereby amended by deleting the following Uses Permitted With Conditional Use Permit: ➢ Private Entertainment(Indoor) ➢ Marinas 5. Subsection 1102.1105, Dimensional Standards, of Section 1102, Use District Regulations, of the Prior Lake Zoning Ordinance is hereby amended by amending the following minimum setbacks: ➢ Minimum Lot Area was reduced from 1 acre to 0.5 acre ➢ Minimum Lot Width was reduced from 150 feet to 100 feet ➢ Structure Side Yard Setback is reduced from 20 feet to 10 feet ➢ Structure Rear Yard Setback is reduced from 30 feet to 15 feet ➢ Building setback adjacent to an "R" use district was decreased from 60 feet to 40 feet Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 8th day of June, 2015. ATTEST: Frank Boyles, City Manager Kenneth L. Hedberg, Mayor Published in the Prior Lake American on the 20th day of June, 2015. Zoning Ordinance SECTION 1102 USE DISTRICT REGULATIONS SUBSECTIONS 1102.100: Residential District Regulations 1102.200: "A" Agricultural Use District 1102.300: "R-S" Rural Subdivision Residential Use District 1102.400: "R-1" Low Density Residential Use District 1102.500: "R-2" Medium Density Residential Use District 1102.600: "R-3" High Density Residential Use District 1102.700: Residential Performance Standards 1102.800: "TC" Town Center Use District 1102.900: "TC-T" Transitional Town Center Use District 1102.1000 "C-1" Neighborhood Commercial Use District 1102.1100: "C-2" General Business Use District 1102.1200 "C-3" Business Park Use District 1102.1300: Commercial Restrictions and Performance Standards 1102.1400 "I-1" General Industrial Use District 1102.1500: Industrial Performance Standards (Sections 1102.100— 1102.1000 and 1102.1200— 1102.1500 were removed for the purposes of this zoning ordinance review only.) 1102.1100: "C-2" General Business Use District. The purpose of the "C-2" General Business Use District is to allow the concentration of general commercial development for the convenience of the public and for mutually beneficial relationship of commercial developmentte-eaGla-Gthef in those areas located away from residential areas designated by the Comprehensive Plan; to provide space for community facilities and institutions that appropriately may be located in commercial areas; to provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading areas; to minimize traffic congestion; and to carefully regulate the intensity of commercial development as it refers to both internal site factors and external impacts. 1102.1101 Permitted Uses. The following uses are permitted in the "C-2" General Business Use District if the use complies with the Commercial Restrictions and Performance Standards of Subsection 1102.1300. ➢ Banks ➢ Business Services ➢ Business/and Trade Schools ➢ Copy Shop ➢ Funeral Homes ➢ Libraryics ➢ Medical/Dental Offices ➢ Museums/Art Gallery ➢ Offices ➢ Parks/and Open Spaces City of Prior Lake June 1,2009 1102/pl Zoning Ordinance ➢ Police/—d-Fire Stations/Ambulance ➢ Private Entertainment(Indoor) ➢ Retail Shops ➢ Service Facilities ➢ Showrooms ➢ Studios 1102.1102 Uses Permitted With Conditions. The following uses are conditionally permitted in the A structure or land in a "C-2" General Business Use District may be used for "e - _ •- _ _ e - - if +tsthe use complies with the Commercial Restrictions and Performance Standards conditions stated in of –Subsection 1102.1300 and these conditions specified for the use in this subsection. (1) Adult Day Care. Conditions: a. A minimum of 150 square feet of outdoor seating or exercise area shall be provided for each person under care. (2) Dry Cleaning, Laundering wWith Route Pick-Up and Delivery. Conditions: a. The total area-in which the use occurs shall not exceed 15,000 square feet in area. b. Outside storage and parking of trucks and vans involved in the operation of the business is limited to trucks and vans with a manufacturer's rated cargo capacity of one (1) ton or less. C. !. a e- - - e -• . .e.• _ - _ �. by a bufferyard, as determined by Subsection 1107.2003. cd. Access shall be from a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located in a manner se-that access can be provided without generating significant traffic on local residential streets. (3) Group Day Care/Nursery School. Conditions: a. A minimum of 40 square feet of outside play space per pupil must be provided and such space shall be screened with a bufferyard Type C as defined in Subsection 1107.2005. b. An off-street pedestrian loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor play areas shall be located a minimum of 200 feet from any roadway designated in the Comprehensive Plan as a principal arterial, unless when no a physical barrier is present.When a physical barrier is present, outdoor play areas shall be located a minimum of 50 feet from the roadwayea-n-Fnaintaiwa 50 foot setback. A physical barrier must create at least a shall be defined as a 20 foot increase in elevation from the road surface-elevation. (4) Public Service Structures. Conditions: City of Prior Lake June 1,2009 1102/p2 Zoning Ordinance a. All exterior building faces shall comply with Subsection 1107.2200. ab. All structures shall be located a minimum of 10 feet from any abutting property line located in an "R" Use District. All service drives shall be paved. (5) Utility Substation. Conditions: a. No structure shall be located within 25 feet of any property line. b. No structure shall be located within 200 feet of any property line in an"R" Use District. c. A bufferyard, as determined by Subsection 1107.2003, shall be installed and (6) Appliance, Small Engine and Bicycle Repair. Conditions: a. Engines shall not be operated or tested outside of a structure if the use is located within 100300 feet of any property line in an "R" Use District. (7) Food Service. Conditions: a. A bufferyard, as determined by Subsection 1107.2003, shall be provided along all property lines which abut property in an "R" Use District. (78) Hotel/Motel. Conditions: a. All buildings and structures shall be located a minimum of 100 feet from any property line in an "R" Use District. b. A bufferyard, as determined by Subsection 1107.2003, shall be provided at (86) In-Vehicle Sales or Service. Conditions: a. Drive-through facilities and stacking areas shall not be located immediately adjacent to any"R" Use District property line. b. A bufferyard Type B as defined in Subsection 1107.2005 shall be provided between drive-through facilities/-atestacking areas and adjacent streets and properties. c. Stacking shall be provided for 46 cars per customer service point, and shall comply with all yard and bufferyard requirements. d. This use shall only be permitted when it can be demonstrated that the adjacent streets and intersections. City of Prior Lake June 1,2009 1102/p3 Zoning Ordinance de. The drive-through facility shall be designed so it does not impede traffic or impair vehicular and pedestrian traffic movement, or increase the potential for pedestrian or vehicular conflicts. ef. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located in a manner so that access can be provided without generating significant traffic on local residential streets. fg. Any canopy constructed as part of this use shall be compatible with the architectural design and materials of the principal structure. (940)Medical/-and Dental Laboratories. Conditions: a. The use shall not generate any fumes, noise or odors which are detectable at the property lines of the parcel on which the use is located. (11) Copy Shop. Conditions: a. The total floor area of the use shall not exceed 5,000 square feet. (102)Restaurants and Club/s and Lodges without Liquor License. Conditions: a. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located in a manner so that access can be provided without generating significant traffic on local residential streets. maintained along all property lines which abut property in an"R" Use District. (113)Shopping Center. Conditions: a. The shopping center development shall not exceed 150,000 square feet of gross floor area. Ord. Amd 109-08, publ 06/06/09 b. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located in a manner so that access can be provided without generating significant traffic on local residential streets. c. A bufferyard, as determined by Subsection 1107.2003, shall be provided • .,, - �. cd. All buildings and structures shall be set back a minimum of 75 feet from any abutting property line in an "R" Use District. (14) Game Rooms. Conditions: a. The hours of operation shall be consistent with Subsection 803.1000 of the City Code relating to curfews. City of Prior Lake June I,2009 1102/p4 Zoning Ordinance b. The use shall be located at least 150 feet from the nearest residential structure. — ---- Parking shall be calculated based on all uses within the structure or tenant space, using parking standards in the City Code. b. An adult over the age of 21 shall be on the premises during business hours in a supervisory capacity. (125)Senior Care Facility. Conditions: a. The maximum net density shall not exceed 30 dwelling units per acres. b. At least 50% of the building shall be constructed of Class I materials with the 1107.2200 of this Ordinance. s-b. Off-street parking for all independent living and care units shall be at a minimum of 1.0 parking space per unit. d-c. The property owner shall record a covenant to run with the land executed in a form approved by the City which restricts the use of the property to occupancy as required for a Senior Care Facility. (Ord. Amd. 114-05, publ. 02/15/14) 1102.1103 Uses Permitted By Conditional Use Permit. The following uses shall not be permittedNo structure or land in a "C-2" General Business Use District s be used for the following uses except by Conditional Use Permit. 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, wit -the specific conditions imposed in this Subsection and with any other conditions the Planning Commission; or City Council in the case of an appeal, may impose impose that arc intended to promote and protect pedestrian safety, limit the impact of a businecss on neighboring residential properties, cr ate o€-a-neig-iborheed (Ord. Amd. 111-02, publ. 02/12/11) (1) Motor Fuel Station. Conditions: a A bufferyard, as determined by Subsection 1107.2003, shall be constructed • _•e. e .e• - - "P" _ •' - - . required within the required front yard. ab. All pump islands, air dispensers and other service devices shall be installed at least 12 feet from any required yard line, and no display, servicing of vehicles, or parking shall take place within the required yard. On sites where pump islands have been constructed at the required yard line, a landscaped area of at least 8 feet wide shallwill be installed in the required yard. c. All parking and paved areas shall meet the grading, design, and landscaping requirements of Subsection 1107.200. City of Prior Lake June 1,2009 1102/p5 Zoning Ordinance bd. All on-site utility installations shall be placed underground. ce. Outside sale or display is permitted for gasoline, seasonal items, and other goods consumed in the normal operation of a car, including but not limited to oil,gasoline and oil additives,windshield cleaner,windshield wipers,tires and batteries. No products shall be sold or displayed in any required yard, parking area, or drive aisle. df. Canopies and canopy support systems shall be designed and constructed of materials which are compatible with the principal structure. eg. No public address system shall be audible from any property located in an "R" Use District. (2) Car Wash. Conditions: a. No public address system shall be audible from any property located within an "R" Use District. b. Drainage and surfacing plans shall be approved by the City Engineer. The plans shall describe the wash water disposal and sludge removal facilities for on prcmiscon premises dust and; salt and other chemical and mud abatement. Drainage must be designed to prevent the accumulation of surface water, wash water ander sludge on the site or in the vicinity of the premises. provisions of Subsection 1107.200. cd. The ingress ander egress points for an accessory car wash shall be approved by the City Engineer. The exit door from the car wash shall be at least 45 feet from the closest edge of the public right-of-way. Drainage shall be away from the public street at egress points of the car wash to prevent spillage onto the street. The grades of the interior floor shall be sloped away from the exit door, and sloped to an acceptableed interior drainage system. No water which is used in the operation of the car wash shall be allowed on any public right-of- way. de. An automatic car wash accessory to a motor fuel station or motor vehicle service and repair facility shall provide stacking space for at least four cars. Cars located in these stacking spaces should not block ingress orand egress driveways on the site or driveways providing access to gasoline pumps, service bays or required off-street parking, except that vehicles in stacking spaces may block access to parking stalls which are signed for employee parking only. ef. Hours of operation shall be limited to 6:00am to 10:00pm, unless the service doors to the facility remain closed at all times during the washing process. (3) Motor Vehicle Sales. Conditions: a. All vehicles stored on the premises shall be insured and operable. City of Prior Lake June 1,2009 1102/p6 Zoning Ordinance b. All outdooropen _sales or rental lots shall be operated in conjunction with a building or buildings containing the same or similar materials as displayed on the outdooropen sales or rental lot. c. The building and the sales or rental lot shall be on one contiguous site. d. All vVehicles for sale, customer's and employee's vehicles shall be located on hard surfaces at all times. The hard surfaces which shall meet all of the landscaping and design requirements of Subsection 1107.200. e. String lighting isshal-I--be prohibited. f. No outdoor public address system shall be audible from any parcel located in an "R" Use District. g. All customer and employee parking shall be clearly designated and signed. h. No motor vehicle transport loading or unloading shall be permitted on any minor residential street. No display or storage of motor vehicles shall be permitted on any public right- of-way. j. A bufferyard, as determined by Subsection 1107.2003, shall be installed and 1'4 The storage lot shall be located a minimum of 100 feet from all property lines in anao"R" Use District. l:k. Test driving shall be in accordance with all applicable federal, state and localroad and highway laws and regulations. (Ord. Amd. 113-08, publ. 07/13/13) (4) Motor Vehicle Service and; Repair. Conditions: a. No public address system shall be audible from any property located in an "R" Use District. b. All repair, assembly, disassembly and maintenance of vehicles shall occurbe inside a closed building except tire inflation, changing wipers, installation of batteries-or adding oil. c. Test driving shall be prohibited on any street in an "R" Use District. cd. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located in a manner so that access can be provided without generating significant traffic on local residential streets. de. The building housing the use shall be located a minimum of 100 feet from any property linefot in an "R" Use District. ('itv of Prior Lake June 1,2009 1102/p7 Zoning Ordinance f. A bufferyard, as determined by Subsection 1107.2003, shall be provided along any abutting an "R" Use District. (5) Restaurants and Club/s--and-Lodges with Liquor. Conditions: a. Access to the use shall be from a roadway identified in the Comprehensive Plan as a collector street or otthe ise located in a manner so that access can be provided without generating significantly increased commercial traffic on local residential streets. A bufferyard, as determined by subsection 1107.2003, shall be installed and maintained along any property located adjacent to or abutting an "R" Use District. Separate pedestrian ways shall be constructed to allow for the separation of -b. All customer entrances to the use shall be located a minimum of 100 feet from any property line 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 an entrance with a vestibule, the most exterior customer entrance door will be the point of measurement. e-c. If the building housing the use is located less than 100 feet from any property line in an R-1 Use District, the following additional conditions shall be met: ➢ Liquor shall only be served from the hours of 7 am to 10 pm on Sunday through Thursday and from 7 am to 11_pm 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 Type 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 t Bufferyard Type 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 required 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. (Ord. Amd. 111-02, publ. 02/12/11) (6) Shopping Centers Over 150,000 Square Feet of Gross Floor Area. ConditionsProvided: City of Prior Lake June 1, 2009 1102/98 Zoning Ordinance a. The shopping center must conform to all of the conditions for shopping centers less than 150,000 square feet of-gross floor area. Ord. Amd. 109-08, publ. 06/06/09 b. In-vehicle sales or service shall only be permitted when it can be demonstrated that their operation will not have an adverse effect on the internal circulation of the shopping center, or reduce the level of service to a lower level of nearby street and intersections. The use must also-comply with the following conditions: ➢ Drive-through facilities and stacking areas shall not be located adjacent to any"R" Use District. ➢ A bufferyard, Type B as defined in Subsection 1107.2005, shall be provided between drive-through facilities and/—stacking areas and adjacent streets and properties. ➢ Stacking shall be provided fora minimum of 46 cars per customer service point. ➢ Stacking shall be prohibited on public streets, in fire lanes, and in areas that interfere with on-site vehicular and pedestrian circulation. c. Outdoor sales/display, other than permitted in Subsection 1101.510(3), shall only be permitted when it can be demonstrated that such use can be aesthetically integrated into the site design and must compliesy with the conditions set forth in Section (a) above and the following additional conditions: ➢ The size of the outdoor sales/display area(s) may be no greater than 30% of the ground floor building area of the associated principal uses(s) and may be further restricted as deemed appropriate to the scale of the Shopping Center and associated indoor uses. • A masonry wall shall be required around the entire outdoor sales/display area and shall utilize the same exterior materials as the principal building; landscaping may also be required to supplement the appearance of the wall and diminish views of the area from surrounding properties. ➢ No outdoor sales/display items other than plant materials may extend above the height of the wall. ➢ Any temporary or permanent buildings associated with the outdoor sales/display area must be architecturally integrated with the principal building(s) and approved as part of the Conditional Use Permit. d. All stores that provide shopping carts must include interior and exterior cart storage areas; areas within parking lots for the temporary storage of shopping carts must be separated from parking spaces by curbed, landscaped islands and shall not include metal"cart corrals". Other outdoor shopping cart storage areas must be screened utilizing architectural screening of the same exterior materials as the principal building. City of Prior Lake June 1,2009 1102/p9 Zoning Ordinance e. Shopping centers mays-hall reserve at least 10% of required parking spaces as landscaped open space for a minimum of two years after issuance of the Certificate of Occupancy. At any time during the first two years or thereafter, such proof of parking open space may-shall be converted to parking if the Zoning Administrator finds that such parking is necessary based upon evidence of overflow parking on public streets, on neighboring off-site properties, in fire lanes, or in other on-site areas that are not striped for parking. This requirement may be waived by the Planning CommissionCity Council if open space in excess of the minimum requirements is provided in other areas of the site. After 2 years, the proof of parking open space may be converted to parking if deemed necessary by the property owner(s). f. Cumulative parking requirements may be reduced yup to 30% of required spaces at the sole discretion of the Planning CommissionCity Council if one or more of the following are provided: ➢ Proof of parking areas in excess of minimum required to be set aside as open space; ➢ A written aAgreement to construct parking ramps or other means of satisfying parking requirements,when and if warranted as determined by the Zoning Administrator, based upon evidence of overflow parking on public streets, on neighboring off-site properties, in fire lanes, or in other on-site areas that are not striped for parking; ➢ Joint parking/shared parking arrangements between uses; ➢ Off-site employee parking, employee car/van pooling, and/or provision of employee transit passes ➢ Superior transit, pedestrian, and/or bicycle access and bicycle parking. g. All trash handling and loading areas must be interior or utilize architectural screening consisting of the same exterior facing materials as the principal building. h. Truck circulation and loading areas must be separated from streets and properties adjoining the site by a bufferyard. Single use buildings over 10,000 square feet and multiple use buildings over 15,000 square feet that are constructed after adoption of this Ordinance must utilize a landscaped bufferyard that is a minimum of 40 feet in width in order to satisfy this requirement. Such bufferyard must include a minimum 5 feet tall berm along its entire length, a double row of evergreen trees that are each a minimum of 8 feet tall at planting and spaced no more than 25 feet apart, and deciduous trees interspersed with the evergreen plantings. on each building face and no more than 10% Class Ill materials on any y. Shopping centers must visually integrate all buildings by utilizing some of the same exterior materials and architectural elements such as roof pitch and window treatments. City of Prior Lake June 1,2009 1102/p10 Zoning Ordinance 1k. Buildings and additions to existing buildings may not exceed the unbroken building wall length to height ratio of 3:1; if the 3:1 ratio is used, each building wall deviation must be a minimum depth of 2 feet; if a 2:1 building wall length to height ratio is used, the depth of each building wall deviation may be reduced to 1 foot. kJ. Buildings and additions to existing buildings must utilize parapet walls to completely screen rooftop equipment from ground level view_and must paint impact as viewed from other buildings. Im. Shopping centers must include sidewalks along all public street right-of-ways as deemed appropriate and on-site pedestrian connections that are separated from parking areas by curbed, landscaped islands which have a minimum width of 20 feet inclusive of sidewalk. rim. Shopping centers must provide either outdoor or indoor public plaza(s). Public plazas must have a minimum size of 10% of the total ground floor building area of the shopping center (including outdoor sales building area) and shall contain landscaping, walkways, benches, and a feature element such as a fountain or clock tower. Interior mall "food courts"are not included in public plaza areas. Outdoor public plazas shall be designed to break up large areas of parking and shall be accessible via landscaped pedestrian islands described in condition (IFA) above. rip. The minimum lot area for shopping centers constructed under this Section is 7 acres. (7) Convention and! Exhibition CenterHalls. Conditions: a. All buildings, structures, and truck maneuvering areas shall be located a minimum of 100 feet from any property lines let lines abutting property in an "R" Use District. b. All loading shall be done within a structure or in an area screened from view with a wall of the same material as the building. Truck maneuvering areas shall be completely screened as required by Subsection 1107.309 (6). c. A bufferyard, as determined by Subsection 1107.2003, shall be provided along all lot lines abutting property in an "R" Use District. (8) Outdoor Sales-pis-play). Conditions: a. A buffcryard, as determined by Subsection 1107.2003, shall be provided and maintained along all property lines abutting property located within an"R"Use District. da. No public address system shall be audible from any property located in an "R" Use District. City of Prior Lake June 1, 2009 1102/p11 Zoning Ordinance eb. The site shall be kept neat and orderly. dc. The use shall not be permitted within any required yard, bufferyard or landscaped area. ed. This use shall be located a minimum of 100 feet from any property line located in an "R" Use District. fe. The operator of the use shall not sell or trade exclusively in used merchandise, but shall have at least 1/3 of its stock on the site as new, unused merchandise. gf. All outdooropen sales or rental lots shall be operated in conjunction with a business operated in a building or buildings in which the same or similar materials are displayed and offered for sale as those displayed on the outdooropen sales or rental lot. hg. The entire site, other than that used or required to be used for building, yard, bufferyard, or landscaping shall be surfaced in blacktop or paving. i. All paved areas shall be graded, designed, and landscaped as required by Subsection 1107.200. ih. String lighting isshall be prohibited. The area of outdooropen sales or rental lots used for storage and display of merchandise shall not exceed 2 square feet for every 1 square foot of building gross square footage on the site devoted to the same or similar use or accessory use. Ij. A bufferyard Type B, as defined in Subsection 1107.2005, shall be installed and maintained along all public right-of—ways. (9) Private Entertainment(Indoor). Conditions: a. The structure in which the use is conducted shall be located a minimum of 60 feet from any"R 1", "R 2", or"R 3" Use District. - ,- A bufferyard, as determined by Subsection 1107.2003, shall be provided along all property located within an "R" Use District. (910)Marina, Commercials. Conditions: a. A bufferyard Type C, as defined in Subsection 1107.2005, shall be constructed along the property line where it abuts property used for residential purposes or - _ - _ -_ _ here it abuts any"R" Use District. b. Lake Service Signs, as regulated by Subsection 1107.81109, are permitted. c. Lighting shall be provided for safety and security only, and shall not be directed at the lake or at adjacent properties. Lights for parking lots, building City of Prior Lake June 1,2009 1102/p12 Zoning Ordinance and dock identification may have no more than 0.5 foot candles at the property line or at the edge of the dock structure furthest from the shore. d. Boat tours are permitted between the hours of 8:00 am. and 10:00 pm. e. One parking space for each 4 boat slips must be provided. If tour boats are based at the marina, an additional 1 parking space for each 4 seats on the boat is required. f. Retail sales are limited to motors, parts, bait, equipment, gas and oil, and accessories. On-site preparation and sale of food and beverages is allowed, subject to the other provisions of the Zoning Ordinance, including, but not limited to, parking, lighting, signage hours of operation. g. Rental of boats and boat and motor repair may be permitted as an accessory use to the marina, provided the space devoted to this accessory use is limited to 50% of the floor area of the principal use. (10) Marina, Recreational. Conditions: a. A bufferyard Type C, as defined in Subsection 1107.2005, shall be constructed along the property line where it abuts property used for residential purposes or whereit abuts any"R" Use District. b. Lake Service Signs, as regulated by Subsection 1107.811, are permitted. c. Lighting shall be provided for safety and security only, and shall not be directed at the lake or at adjacent properties. Lights for parking lots, building and dock identification may have no more than 0.5 foot candles at the property line or at the edge of the dock structure furthest from the shore. d. One parking space for each 4 boat slips must be provided. (11) Animal Handling. Conditions: a. Animal runs and exercise areas shall be located at least 200 feet from any dwellings and 100 feet from any buildings used by the public. b. No animals shall be kept outside the building, or be otherwise located in a manner or location;which causes offensive odors or noise discernible at the property line of the lot on which the activity is conducted. ob. All principal use activities, including animal boarding, shall be conducted within a totally enclosed building. d. All outdoor animal runs or exercise areas shall be fenced and secured at all times so that no animal contained therein may escape such enclosure. e. All bBuildings in which animals are kept or Whcrc animals arc boarded, the facility shall be located a minimum of 100 feet from any property line in abutting properties in an "R" Use District. (12) Adult Uses. (Conditions listed in Section 1111). City of Prior Lake June 1, 2009 1102/p13 Zoning Ordinance (13) Alternative School. Conditions: a. A student transportation and parking plan shall be submitted demonstrating that parking needs will be met for all tenant space. b. An adult over the age of 21 shall be on the premises during hours of operation in a supervisory capacity. c. A pedestrian plan shall be provided in order to maintain vehicular and pedestrian safety. d. Outdoor areas intended for group activities shall be located at least 25 feet from any property line lot-in an "R" Use District and shall be buffered from such residential lot with a bufferyardbuffer yard, Type C, as described in Subsection 1107.2005. e. The Owner shall file with the Scott County Assessor a valid and legally binding waiver of the right to file for, receive or otherwise qualify the property for tax exempt status under Minn. Stat. Chapter 272 and shall request that the property remain classified for real estate tax purposes as a commercial property. If such waiver and request is ineffective or not accepted by Scott County, Owner hereby agrees to make a payment to Scott County in an amount equal to the taxes that would have been levied against the property as a commercial property but for the exemption from taxation under Minn. Stat. Chapter 272. (Ord. Amend. 114-07, publ. 04/26/14) (14) Community Centers. Conditions: a. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. b. Outdoor areas intended for group activities shall be located at least 25 feet from any property linelet in an"R"Use District and shall be buffered from such residential lot with a bufferyard Type C as defined in Subsection 1107.2005. 1102.1104 Accessory Uses. The following uses shall be permitted accessory uses in a "C- 2" General Business Use District: (1) Warehouse/Storage/Distribution provided that the storage does not occupy more than 40% of the gross floor area of the structure or buildings+te. No warehouse/storage area shall exceed 20,000 square feet. (2) On citcOn-site Parking Lots which comply with the requirements of Subsection 1107.200. (3) Helistops if the helistop is subordinate to the principal use in area, extent, and purpose. The helicopter pad must be dust free, _-_ - - _ _ _ _ _ _ _ _ . - - 'e-- _ . -_ . Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m., excluding emergency operations. (4) Bar if accessory to a restaurant, hotel, private entertainment(indoor), club or lodge. City of Prior Lake June 1,2009 1102/p14 Zoning Ordinance (5) Incidental repair or processing which is necessary to conduct a permitted principal use shall not exceed 25% of the gross floor area of the structure or building or 25% of the labor hours required to conduct the principal permitted use. (6) Food Service (7) Outdoor seating and service of food and non-alcoholic beverages is permitted as an accessory use to a restaurant if: a. The use is separated from any adjacent residential use by a building wall. This provision will not apply if the residential use is located in an upper story above a restaurant. b. No speakers or other electronic devices which emit sound shall be audible from any property located in an "R" Use District.are permitted outside of the c. Hours of operation shall be limited to 7 a.m.to 10 p.m. if located within 300500 feet of a residential use or within 300 feet of any property line in an"R"district. d. Additional parking will not be required if the outdoor seating area does not exceed 500 square feet orf 10% of the gross floor area of the restaurant, whichever is less. Parking will be required at the same rate as the principal use for that portion of outdoor seating area in excess of 500 square feet or 10% of the gross building area, whichever is less. (8) Outdoor seating and service of food and alcoholic beverages is permitted as an accessory use if: a. All the requirements of subsection (7) 4a-d above are met. b. Access to and from the outdoor area i_shall-be through the indoor seating area. There shall be no direct access to the outdoor seating area from the parking lot or street. c. Food service to the outdoor area shall be provided during all hours of operation. d. No bar shall be located in the outdoor area, except a service bar for the exclusive use of the employees. 1102.1105 Dimensional Standards (1) The following minimum requirements and those additional requirements found in Section 1102.1300 shall govern the use and development of lots in the "C-2" Use District. Minimum Minimum Maximum Front Side Yard Rear Parking Lot Area Lot Width Height Yard (ft.) (ft.) Yard (ft.) Setback (ft.) (ft.) 0.51-Acre 1004-50 45' or 4 30 102-0 1530 10 stories, City of Prior Lake June 1,2009 1102/p15 Zoning Ordinance whichever is greater (2) Lots Adjacent to Residential Use Districts: The following setbacks shall apply to developments on lots adjacent to Residential Use Districts: I Building Setback Adjacent to "R" Use District Parking Setback Adjacent to "R" Use District I 4089 feet 20 feet City of Prior Lake June 1, 2009 1102/p16 Zoning Ordinance SECTION 1102 USE DISTRICT REGULATIONS SUBSECTIONS 1102.100: Residential District Regulations 1102.200: "A" Agricultural Use District 1102.300: "R-S" Rural Subdivision Residential Use District 1102.400: "R-1" Low Density Residential Use District 1102.500: "R-2" Medium Density Residential Use District 1102.600: "R-3" High Density Residential Use District 1102.700: Residential Performance Standards 1102.800: "TC" Town Center Use District 1102.900: "TC-T" Transitional Town Center Use District 1102.1000 "C-1" Neighborhood Commercial Use District 1102.1100: "C-2" General Business Use District 1102.1200 "C-3" Business Park Use District 1102.1300: Commercial Restrictions and Performance Standards 1102.1400 "I-1" General Industrial Use District 1102.1500: Industrial Performance Standards (Sections 1102.100— 1102.1000 and 1102.1200— 1102.1500 were removed for the purposes of this zoning ordinance review only.) 1102.1100: "C-2" General Business Use District. The purpose of the "C-2" General Business Use District is to allow the concentration of general commercial development for the convenience of the public and for mutually beneficial relationship of commercial development in those areas located away from residential areas designated by the Comprehensive Plan; to provide space for community facilities and institutions that appropriately may be located in commercial areas; to provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading areas; to minimize traffic congestion; and to carefully regulate the intensity of commercial development as it refers to both internal site factors and external impacts. 1102.1101 Permitted Uses. The following uses are permitted in the "C-2" General Business Use District if the use complies with the Commercial Restrictions and Performance Standards of Subsection 1102.1300. ➢ Bank ➢ Business Services ➢ Business/Trade School ➢ Copy Shop ➢ Funeral Home ➢ Library ➢ Medical/Dental Office ➢ Museum/Art Gallery ➢ Office ➢ Parks/Open Space City of Prior Lake June 1,2009 1102/p1 Zoning Ordinance ➢ Police/Fire Station/Ambulance ➢ Private Entertainment(Indoor) ➢ Retail ➢ Service ➢ Showroom ➢ Studio 1102.1102 Uses Permitted With Conditions. The following uses are conditionally permitted in the "C-2" General Business Use District if the use complies with the Commercial Restrictions and Performance Standards of Subsection 1102.1300 and the conditions specified in this subsection. (1) Adult Day Care. Conditions: a. A minimum of 150 square feet of outdoor seating or exercise area shall be provided for each person under care. (2) Dry Cleaning, Laundering with Route Pick-Up and Delivery. Conditions: a. The total area in which the use occurs shall not exceed 15,000 square feet in area. b. Outside storage and parking of trucks and vans involved in the operation of the business is limited to trucks and vans with a manufacturer's rated cargo capacity of one (1) ton or less. c. Access shall be from a roadway identified in the Comprehensive Plan as a collector or arterial or shall be located in a manner that access can be provided without generating significant traffic on local residential streets. (3) Group Day Care/Nursery School. Conditions: a. A minimum of 40 square feet of outside play space per pupil must be provided and such space shall be screened with a bufferyard Type C as defined in Subsection 1107.2005. b. An off-street pedestrian loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor play areas shall be located a minimum of 200 feet from any roadway designated in the Comprehensive Plan as a principal arterial, unless a physical barrier is present. When a physical barrier is present, outdoor play areas shall be located a minimum of 50 feet from the roadway. A physical barrier must create at least a 20 foot increase in elevation from the road surface. (4) Public Service Structure. Conditions: a. All structures shall be located a minimum of 10 feet from any abutting property line located in an "R" Use District. City of Prior Lake June 1,2009 1102/p2 Zoning Ordinance (5) Utility Substation. Conditions: a. No structure shall be located within 25 feet of any property line. b. No structure shall be located within 200 feet of any property line in an"R" Use District. (6) Appliance, Small Engine and Bicycle Repair. Conditions: a. Engines shall not be operated or tested outside of a structure if the use is located within 100 feet of any property line in an "R" Use District. (7) Hotel/Motel. Conditions: a. All buildings and structures shall be located a minimum of 100 feet from any property line in an "R" Use District. (8) In-Vehicle Sales or Service. Conditions: a. Drive-through facilities and stacking areas shall not be located immediately adjacent to any"R" Use District property line. b. A bufferyard Type B as defined in Subsection 1107.2005 shall be provided between drive-through facilities/stacking areas and adjacent streets and properties. c. Stacking shall be provided for 4 cars per customer service point. d. The drive-through facility shall be designed so it does not impede traffic or impair vehicular and pedestrian traffic movement, or increase the potential for pedestrian or vehicular conflicts. e. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be located in a manner so that access can be provided without generating significant traffic on local residential streets. f. Any canopy constructed as part of this use shall be compatible with the architectural design and materials of the principal structure. (9) Medical/Dental Laboratories. Conditions: a. The use shall not generate any fumes, noise or odors which are detectable at the property lines of the parcel on which the use is located. (10) Restaurants and Club/Lodge without Liquor License. Conditions: a. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be located in a manner so that access can be provided without generating significant traffic on local residential streets. (11) Shopping Center. Conditions: City of Prior Lake June 1, 2009 1102/p3 Zoning Ordinance a. The shopping center development shall not exceed 150,000 square feet gross floor area. (Ord. Amd 109-08, publ 06/06/09) b. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be located in a manner so that access can be provided without generating significant traffic on local residential streets. c. All buildings and structures shall be set back a minimum of 75 feet from any abutting property line in an "R" Use District. (12) Senior Care Facility. Conditions: a. The maximum net density shall not exceed 30 dwelling units per acres. b. Off-street parking for all independent living and care units shall be at a minimum of 1.0 parking space per unit. c. The property owner shall record a covenant to run with the land executed in a form approved by the City which restricts the use of the property to occupancy as required for a Senior Care Facility. (Ord. Amd. 114-05, publ. 02/15/14) 1102.1103 Uses Permitted By Conditional Use Permit. The following uses shall not be permitted in a "C-2" General Business Use District except by Conditional Use Permit. These uses shall comply with the Commercial Performance Standards of Subsection 1102.1300, the general conditions provided in Subsections 1108.202 through 1108.204,the specific conditions imposed in this Subsection and any other conditions the Planning Commission or City Council in the case of an appeal, may impose. (Ord. Amd. 111-02, publ. 02/12/11) (1) Motor Fuel Station. Conditions: a. All pump islands, air dispensers and other service devices shall be installed at least 12 feet from any required yard line, and no display, servicing of vehicles, or parking shall take place within the required yard. On sites where pump islands have been constructed at the required yard line, a landscaped area of at least 8 feet wide shall be installed in the required yard. b. All on-site utility installations shall be placed underground. c. Outside sale or display is permitted for gasoline, seasonal items, and other goods consumed in the normal operation of a car, including but not limited to oil,gasoline and oil additives,windshield cleaner,windshield wipers,tires and batteries. No products shall be sold or displayed in any required yard, parking area, or drive aisle. d. Canopies and canopy support systems shall be designed and constructed of materials which are compatible with the principal structure. e. No public address system shall be audible from any property located in an "R" Use District. City of Prior Lake June 1,2009 1102/p4 Zoning Ordinance (2) Car Wash. Conditions: a. No public address system shall be audible from any property located within an "R" Use District. b. Drainage and surfacing plans shall be approved by the City Engineer. The plans shall describe the wash water disposal and sludge removal facilities for on premises dust and salt and other chemical and mud abatement. Drainage must be designed to prevent the accumulation of surface water, wash water and sludge on the site or in the vicinity of the premises. c. The ingress and egress points for an accessory car wash shall be approved by the City Engineer. The exit door from the car wash shall be at least 45 feet from the closest edge of the public right-of-way. Drainage shall be away from the public street at egress points of the car wash to prevent spillage onto the street. The grades of the interior floor shall be sloped away from the exit door, and sloped to an acceptable interior drainage system. No water which is used in the operation of the car wash shall be allowed on any public right-of-way. d. An automatic car wash accessory to a motor fuel station or motor vehicle service and repair facility shall provide stacking space for at least four cars. Cars located in these stacking spaces should not block ingress or egress driveways on the site or driveways providing access to gasoline pumps, service bays or required off-street parking, except that vehicles in stacking spaces may block access to parking stalls which are signed for employee parking only. e. Hours of operation shall be limited to 6:00am to 10:00pm, unless the service doors to the facility remain closed at all times during the washing process. (3) Motor Vehicle Sales. Conditions: a. All vehicles stored on the premises shall be insured and operable. b. All outdoor sales or rental lots shall be operated in conjunction with a building or buildings containing the same or similar materials as displayed on the outdoor sales or rental lot. c. The building and the sales or rental lot shall be on one contiguous site. d. All vehicles shall be located on hard surfaces at all times. The hard surfaces shall meet all of the landscaping and design requirements of Subsection 1107.200. e. String lighting is prohibited. f. No outdoor public address system shall be audible from any parcel located in an "R" Use District. g. All customer and employee parking shall be clearly designated and signed. h. No motor vehicle transport loading or unloading shall be permitted on any minor residential street. City of Prior Lake June 1, 2009 1102/p5 Zoning Ordinance No display or storage of motor vehicles shall be permitted on any public right- of-way. j. The storage lot shall be located a minimum of 100 feet from all property lines in an "R" Use District. k. Test driving shall be in accordance with all applicable federal, state and local laws and regulations. (Ord. Amd. 113-08, publ. 07/13/13) (4) Motor Vehicle Service and Repair. Conditions: a. No public address system shall be audible from any property located in an "R" Use District. b. All repair, assembly, disassembly and maintenance of vehicles shall occur inside a closed building except tire inflation, changing wipers, installation of batteries or adding oil. c. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be located in a manner so that access can be provided without generating significant traffic on local residential streets. d. The building housing the use shall be located a minimum of 100 feet from any property line in an "R" Use District. (5) Restaurants and Club/Lodge with Liquor. Conditions: a. Access to the use shall be from a roadway identified in the Comprehensive Plan as a collector street or located in a manner so that access can be provided without generating significantly increased commercial traffic on local residential streets. b. All customer entrances to the use shall be located a minimum of 100 feet from any property line 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 an entrance with a vestibule, the most exterior customer entrance door will be the point of measurement. c. If the building housing the use is located less than 100 feet from any property line in an R-1 Use District, the following additional conditions shall be met: ➢ Liquor shall only be served from the hours of 7 am to 10 pm on Sunday through Thursday and from 7 am to 11 pm on Friday, Saturday, and holidays. ➢ All customer entrances to the use shall be through a vestibule area with an inside and outside door. A bufferyard Type 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 Type E is not City of Prior Lake June 1, 2009 1102/p6 Zoning Ordinance required. Additional screening material (example: additional quantity and increased size of coniferous trees), berming, and a solid fence or wall may be required 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. (Ord. Amd. 111-02, publ. 02/12/11) (6) Shopping Center Over 150,000 Square Feet of Gross Floor Area. Conditions: a. The shopping center must conform to all of the conditions for shopping centers less than 150,000 square feet gross floor area. (Ord. Amd. 109-08, publ. 06/06/09) b. In-vehicle sales or service use must comply with the following conditions: • Drive-through facilities and stacking areas shall not be located adjacent to any"R" Use District. ➢ A bufferyard, Type B as defined in Subsection 1107.2005, shall be provided between drive-through facilities/stacking areas and adjacent streets and properties. ➢ Stacking shall be provided for a minimum of 4 cars per customer service point. • Stacking shall be prohibited on public streets, in fire lanes, and in areas that interfere with on-site vehicular and pedestrian circulation. c. Outdoor sales/display, other than permitted in Subsection 1101.510(3), shall only be permitted when it can be demonstrated that such use can be aesthetically integrated into the site design and complies with the conditions set forth in Section (a) above and the following additional conditions: ➢ The size of the outdoor sales/display area(s) may be no greater than 30% of the ground floor building area of the associated principal uses(s) and may be further restricted as deemed appropriate to the scale of the Shopping Center and associated indoor uses. ➢ A masonry wall shall be required around the entire outdoor sales/display area and shall utilize the same exterior materials as the principal building; landscaping may also be required to supplement the appearance of the wall and diminish views of the area from surrounding properties. ➢ No outdoor sales/display items other than plant materials may extend above the height of the wall. ➢ Any temporary or permanent buildings associated with the outdoor sales/display area must be architecturally integrated with the principal building(s) and approved as part of the Conditional Use Permit. City of Prior Lake June 1,2009 1102/p7 Zoning Ordinance d. All stores that provide shopping carts must include interior and exterior cart storage areas; areas within parking lots for the temporary storage of shopping carts must be separated from parking spaces by curbed, landscaped islands and shall not include metal"cart corrals". Other outdoor shopping cart storage areas must be screened utilizing architectural screening of the same exterior materials as the principal building. e. Shopping centers may reserve at least 10% of required parking spaces as landscaped open space for a minimum of two years after issuance of the Certificate of Occupancy. At any time during the first two years or thereafter, such open space may be converted to parking if the Zoning Administrator finds that such parking is necessary based upon evidence of overflow parking on public streets, on neighboring off-site properties, in fire lanes, or in other on-site areas that are not striped for parking. This requirement may be waived by the Planning Commission if open space in excess of the minimum requirements is provided in other areas of the site. After 2 years, the open space may be converted to parking if deemed necessary by the property owner(s). f. Cumulative parking requirements may be reduced by up to 30% of required spaces at the sole discretion of the Planning Commission if one or more of the following are provided: ➢ Proof of parking areas in excess of minimum required to be set aside as open space; ➢ A written agreement to construct parking ramps or other means of satisfying parking requirements,when and if warranted as determined by the Zoning Administrator, based upon evidence of overflow parking on public streets, on neighboring off-site properties, in fire lanes, or in other on-site areas that are not striped for parking; ➢ Joint parking/shared parking arrangements between uses; ➢ Off-site employee parking, employee car/van pooling, and/or provision of employee transit passes; ➢ Superior transit, pedestrian, and/or bicycle access and bicycle parking. g. All trash handling and loading areas must be interior or utilize architectural screening consisting of the same exterior facing materials as the principal building. h. Truck circulation and loading areas must be separated from streets and properties adjoining the site by a bufferyard. Single use buildings over 10,000 square feet and multiple use buildings over 15,000 square feet that are constructed after adoption of this Ordinance must utilize a landscaped bufferyard that is a minimum of 40 feet in width in order to satisfy this requirement. Such bufferyard must include a minimum 5 feet tall berm along its entire length, a double row of evergreen trees that are each a minimum of 8 feet tall at planting and spaced no more than 25 feet apart, and deciduous trees interspersed with the evergreen plantings. City of Prior Lake June 1, 2009 11O2/p8 Zoning Ordinance Shopping centers must visually integrate all buildings by utilizing some of the same exterior materials and architectural elements such as roof pitch and window treatments. j. Buildings and additions to existing buildings may not exceed the unbroken building wall length to height ratio of 3:1; if the 3:1 ratio is used, each building wall deviation must be a minimum depth of 2 feet; if a 2:1 building wall length to height ratio is used, the depth of each building wall deviation may be reduced to 1 foot. k. Buildings and additions to existing buildings must utilize parapet walls to completely screen rooftop equipment from ground level view. Shopping centers must include sidewalks along all public street right-of-ways and on-site pedestrian connections that are separated from parking areas by curbed, landscaped islands which have a minimum width of 20 feet inclusive of sidewalk. m. Shopping centers must provide either outdoor or indoor public plaza(s). Public plazas must have a minimum size of 10% of the total ground floor building area of the shopping center (including outdoor sales building area) and shall contain landscaping, walkways, benches, and a feature element such as a fountain or clock tower. Interior mall "food courts"are not included in public plaza areas. Outdoor public plazas shall be designed to break up large areas of parking and shall be accessible via landscaped pedestrian islands described in condition (I) above. n. The minimum lot area for shopping centers constructed under this Section is 7 acres. (7) Convention and Exhibition Center. Conditions: a. All buildings, structures, and truck maneuvering areas shall be located a minimum of 100 feet from any property lines in an "R" Use District. b. All loading shall be done within a structure or in an area screened from view with a wall of the same material as the building. Truck maneuvering areas shall be completely screened as required by Subsection 1107.309(6). (8) Outdoor Sales. Conditions: a. No public address system shall be audible from any property located in an "R" Use District. b. The site shall be kept neat and orderly. c. The use shall not be permitted within any required yard, bufferyard or landscaped area. d. This use shall be located a minimum of 100 feet from any property line located in an "R" Use District. City of Prior Lake June 1,2009 1102/p9 Zoning Ordinance e. The operator of the use shall not sell or trade exclusively in used merchandise, but shall have at least 1/3 of its stock on the site as new, unused merchandise. f. All outdoor sales or rental lots shall be operated in conjunction with a business operated in a building or buildings in which the same or similar materials are displayed and offered for sale as those displayed on the outdoor sales or rental lot. g. The entire site, other than that used or required to be used for building, yard, bufferyard, or landscaping shall be surfaced in blacktop or paving. h. String lighting is prohibited. The area of outdoor sales or rental lots used for storage and display of merchandise shall not exceed 2 square feet for every 1 square foot of building gross square footage on the site devoted to the same or similar use or accessory use. j. A bufferyard Type B, as defined in Subsection 1107.2005, shall be installed and maintained along all public right-of-ways. (9) Marina, Commercial. Conditions: a. A bufferyard Type C, as defined in Subsection 1107.2005, shall be constructed along the property line where it abuts property used for residential purposes or where it abuts any"R" Use District. b. Lake Service Signs, as regulated by Subsection 1107.811, are permitted. c. Lighting shall be provided for safety and security only, and shall not be directed at the lake or at adjacent properties. Lights for parking lots, building and dock identification may have no more than 0.5 foot candles at the property line or at the edge of the dock structure furthest from the shore. d. Boat tours are permitted between the hours of 8:00 am. and 10:00 pm. e. One parking space for each 4 boat slips must be provided. If tour boats are based at the marina, an additional 1 parking space for each 4 seats on the boat is required. f. Retail sales are limited to motors, parts, bait, equipment, gas and oil, and accessories. On-site preparation and sale of food and beverages is allowed, subject to the other provisions of the Zoning Ordinance, including, but not limited to, parking, lighting, signage hours of operation. g. Rental of boats and boat and motor repair may be permitted as an accessory use to the marina, provided the space devoted to this accessory use is limited to 50% of the floor area of the principal use. City of Prior Lake June 1, 2009 1102/p10 Zoning Ordinance (10) Marina, Recreational. Conditions: a. A bufferyard Type C, as defined in Subsection 1107.2005, shall be constructed along the property line where it abuts property used for residential purposes or where it abuts any"R" Use District. b. Lake Service Signs, as regulated by Subsection 1107.811, are permitted. c. Lighting shall be provided for safety and security only, and shall not be directed at the lake or at adjacent properties. Lights for parking lots, building and dock identification may have no more than 0.5 foot candles at the property line or at the edge of the dock structure furthest from the shore. d. One parking space for each 4 boat slips must be provided. (11) Animal Handling. Conditions: a. Animal runs and exercise areas shall be located at least 200 feet from any dwellings and 100 feet from any buildings used by the public. b. No animals shall be kept outside the building or located in a manner or location which causes offensive odors discernible at the property line of the lot on which the activity is conducted. c. All principal use activities, including animal boarding, shall be conducted within a totally enclosed building. d. All outdoor animal runs or exercise areas shall be fenced and secured at all times so that no animal contained therein may escape such enclosure. e. All buildings in which animals are kept or boarded shall be located a minimum of 100 feet from any property line in an "R" Use District. (12) Adult Uses. (Conditions listed in Section 1111). (13) Alternative School. Conditions: a. A student transportation and parking plan shall be submitted demonstrating that parking needs will be met for all tenant space. b. An adult over the age of 21 shall be on the premises during hours of operation in a supervisory capacity. c. A pedestrian plan shall be provided in order to maintain vehicular and pedestrian safety. d. Outdoor areas intended for group activities shall be located at least 25 feet from any property line in an"R" Use District and shall be buffered from such residential lot with a bufferyard, Type C, as described in Subsection 1107.2005. e. The Owner shall file with the Scott County Assessor a valid and legally binding waiver of the right to file for, receive or otherwise qualify the City of Prior Lake June 1, 2009 1102/p11 Zoning Ordinance property for tax exempt status under Minn. Stat. Chapter 272 and shall request that the property remain classified for real estate tax purposes as a commercial property. If such waiver and request is ineffective or not accepted by Scott County, Owner hereby agrees to make a payment to Scott County in an amount equal to the taxes that would have been levied against the property as a commercial property but for the exemption from taxation under Minn. Stat. Chapter 272. (Ord. Amend. 114-07, publ. 04/26/14) (14) Community Center. Conditions: a. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. b. Outdoor areas intended for group activities shall be located at least 25 feet from any property line in an "R" Use District and shall be buffered from such residential lot with a bufferyard Type C as defined in Subsection 1107.2005. 1102.1104 Accessory Uses. The following uses shall be permitted accessory uses in a "C- 2" General Business Use District: (1) Warehouse/Storage/Distribution provided that the storage does not occupy more than 40%of the gross floor area of the structure or building. No warehouse/storage area shall exceed 20,000 square feet. (2) On-site Parking Lots which comply with the requirements of Subsection 1107.200. (3) Helistops if the helistop is subordinate to the principal use in area, extent, and purpose. The helicopter pad must be dust free. Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m., excluding emergency operations. (4) Bar if accessory to a restaurant, hotel, private entertainment(indoor), club or lodge. (5) Incidental repair or processing which is necessary to conduct a permitted principal use shall not exceed 25% of the gross floor area of the structure or building or 25% of the labor hours required to conduct the principal permitted use. (6) Food Service (7) Outdoor seating and service of food and non-alcoholic beverages is permitted as an accessory use to a restaurant if: a. The use is separated from any adjacent residential use by a building wall. This provision will not apply if the residential use is located in an upper story above a restaurant. b. No speakers or other electronic devices which emit sound shall be audible from any property located in an "R" Use District. c. Hours of operation shall be limited to 7 a.m. to 10 p.m. if located within 300 feet of a residential use or within 300 feet of any property line in an"R"district. City of Prior Lake June 1,2009 1102/p12 Zoning Ordinance d. Additional parking will not be required if the outdoor seating area does not exceed 500 square feet or 10% of the gross floor area of the restaurant, whichever is less. Parking will be required at the same rate as the principal use for that portion of outdoor seating area in excess of 500 square feet or 10% of the gross building area, whichever is less. (8) Outdoor seating and service of food and alcoholic beverages is permitted as an accessory use if: a. All the requirements of subsection (7) a-d above are met. b. Access to and from the outdoor area is through the indoor seating area. There shall be no direct access to the outdoor seating area from the parking lot or street. c. Food service to the outdoor area shall be provided during all hours of operation. d. No bar shall be located in the outdoor area, except a service bar for the exclusive use of the employees. 1102.1105 Dimensional Standards (1) The following minimum requirements and those additional requirements found in Section 1102.1300 shall govern the use and development of lots in the "C-2" Use District. Minimum Minimum Maximum Front Side Yard Rear Parking Lot Area Lot Width Height Yard (ft.) (ft) Yard (ft.) Setback (ft.) (ft.) 0.5Acre 100 45' or 4 30 10 15 10 stories, whichever is greater (2) Lots Adjacent to Residential Use Districts: The following setbacks shall apply to developments on lots adjacent to Residential Use Districts: I Building Setback Adjacent to "R" Use District Parking Setback Adjacent to"R" Use District I 40 feet 20 feet City of Prior Lake June 1, 2009 1102/p13 C-2,General Business Use District-Approved Use Comparison P=Permitted Use PUC=Permitted Use with Conditions CUP=Conditional Use AC=Accessory Use INT=Interim Use Prior Lake Lakeville Rosemount Chanhassen Savage Shakopee Use C-2,General Business C-3,General Commercial C-4,General Commercial BG,General Business C-2,General Commerce B-1,Highway Business P PUC CUP AC INT n/a Adult Day Care PUC CUP P CUP CUP 1 1 3 1 Adult Uses CUP P/AC 1 1 4 Alternative School CUP CUP P 1 23 Animal Handling CUP CUP P P CUP CUP 2 4 Antennas and Towers AC P AC/CUP AC 1 1 2 2 Appliance,Small Engine and Bicycle Repair PUC P P P 3 1 2 Auto Accessory Store P P CUP 2 1 3 Banks P P P P.,. P CUP 5 1 Bar AC P P P 3 1 2 Boat Sales(enclosed) CUP P CUP 1 2 3 Brewpub P I 5 Building Material Sales(enclosed) - P P CUP 2 1 3 Business/Trade Schools P P 2 4 Car Wash CUP CUP P PUC 1 1 2 2 Cemetaries CUP 1 5 Commercial Recreation P P AC 2 1 3 Convention/Exhibition Hall CUP - P 1 1 4 Copy Shop PUC P P CUP 2 1 1 2 Data Center P 1 5 Drive Through Facility CUP CUP 2 4 Dry Cleaning,Laundering with Route Pick-Up and Delivery PUC P CUP 1 1 1 3 Equipment Rental CUP 1 5 Farmers Market CUP 1 5 Food Service PUC/AC P 1 1 4 Funeral Home P P P P AC 4 1 1 Game Room PUC P P P 3 1 2 Greenhouse,Lawn and Garden Supplies p P 2 4 Grocery/Convenience Store P P 2 4 Group Day Care/Nursery School PUC CUP P P P P 4 1 1 Helistop AC CUP 1 1 4 Hospital P CUP 1 1 4 Hotels/Motels PUC P p P P CUP 4 1 1 Household Appliances p P 2 4 Incidental Repair/Processing AC AC 2 4 In-Vehicle Sales or Service PUC P AC 1 1 1 3 Laundery/Self Service P 1 5 Library P P CUP 2 1 3 Liquor Stpre P 1 5 Marinas CUP 1 5 Medical and Dental Laboratories PUC P P 2 1 3 Medical/Dental Office P P P 3 3 Motor Fuel Station CUP CUP CUP P CUP 1 4 1 Motor Vehicle Sales CUP CUP P CUP 1 3 2 Motor Vehicle Service,Repair CUP CUP CUP CUP P 1 4 1 Museum P P P 3 3 Newspaper/Publishing Office P P PUC 2 1 3 Office P P P P P P 6 On-Site Parking Lots AC AC AC AC AC AC 6 Ourdoor Storage INT AC CUP 1 1 1 3 Outdoor Sales(Display) CUP 1 5 Parks and Open Space p PP 3 3 Pawn ShopP PUD 1 1 4 Pet Shopp PUD 1 1 4 Police and Fire Stations P P P P CUP 4 1 1 Private Entertainment(Indoor) CUP P p P 3 1 2 Private Lodges and Clubs P P PP CUP 4 1 1 Public Service Structures PUCP P P 3 1 2 Recreational Facility(indoor) PP 2 4 Recreational Vehicle Sales and Service CUP P 1 1 4 Religious Places of Assembly CUP INTP 1 1 1 3 Repair Services,Minor PP 2 4 Restaurants and Clubs and Lodges with Liquor CUPP P 3 1 2 Restaurants and Clubs and Lodges without Liquor License PUC P P P P 4 1 1 Retail Shops P P P P P 5 1 Schools and Academies CUPP 1 1 4 Self Service Storage Facility CUP 1 5 Senior Care Facility PUC CUP P CUP 1 1 2 2 Service Facilities PP P p P 5 1 Shopping Center PUC P 1 1 4 Shopping Centers over 150,000 SF CUP 1 5 Showroom P 1 5 Sports and Health Facility P pp 3 3 Studio P P 2 4 Tattoo,body piercing establishment p p 2 4 Theatre CUP PP 2 1 3 Utility Substation PUC CUP P P 2 1 1 2 Warehouse/Storage/Distribution AC 1 5 Red lettering indicates current P,PUC,CU and AC uses in Prior Lake Zoning Ordinance Black lettering indicates use P,PUC,CU or AC permitted in other communities but not in Prior Lake Gray shaded box indicates the use was not addressed in the community's Zoning Ordinance C-2,General Business Use District-Approved Use Comparison P=Permitted Use PUC=Permitted Use with Conditions CUP=Conditional Use AC=Accessory Use Prior Lake Prior Lake Use Current Recommendations Adult Day Care PUC PUC Adult Uses CUP CUP Alternative School CUP CUP Animal Handling CUP CUP Antennas and Towers Appliance,Small Engine and Bicycle Repair PUC PUC Auto Accessory Store Bank P p Bar AC AC Boat Sales(enclosed) Brewpub Building Material Sales(enclosed) Business Services P Business/Trade Schools P P Car Wash CUP CUP Cemeteries Commercial Recreation Community Centers CUP Convention and Exhibition Center CUP CUP Copy Shop PUC P Data Center Drive Through Facility Dry Cleaning,Laundering with Route Pick-Up and Delivery PUC PUC Equipment Rental Farmers Market Food Service PUC/AC AC Funeral Home P P Game Room(included in Private Entertainment Indoor) PUC Greenhouse,Lawn and Garden Supplies Grocery/Convenience Store Group Day Care/Nursery School PUC PUC Helistop AC AC Hospital Hotel/Motel PUC PUC Household Appliances Incidental Repair/Processing AC AC In-Vehicle Sales or Service PUC PUC Laundry/Self Service Library P P Liquor Store Marina,Commercial CUP CUP Marina,Recreational CUP CUP Medical/Dental Laboratories PUC PUC Medical/Dental Office P P Motor Fuel Station CUP CUP Motor Vehicle Sales CUP CUP Motor Vehicle Service and Repair CUP CUP Museums/Art Galleries P P Newspaper/Publishing Office Office P P On-Site Parking Lots AC AC Outdoor Sales CUP CUP Outdoor Seating AC AC Outdoor Storage Parks/Open Space P P Pawn Shop Pet Shop Police/Fire Stations/Ambulance P P Private Entertainment(Indoor) CUP P Public Service Structure PUC PLIC Recreational Facility(indoor) Recreational Vehicle Sales and Service Religious Places of Assembly Repair Services,Minor Restaurants and Clubs and Lodges with Liquor CUP CUP Restaurants and Clubs and Lodges without Liquor License PUC PUC Retail P P Schools and Academies Self Service Storage Facility Senior Care Facility PUC PUC Service P P Shopping Center PUC PUC Shopping Centers over 150,000 SF of Gross Floor Area CUP CUP Showroom P P Sports and Health Facility Studio P P Tattoo,body piercing establishment Theatre Utility Substations PUC PUC Warehouse/Storage/Distribution AC AC Red lettering indicates current P,PUC,CU and AC uses in Prior Lake Zoning Ordinance Black lettering indicates use P,PUC,CU or AC permitted in other communities but not in Prior Lake Gray shaded box indicates the use was not addressed in the community's Zoning Ordinance C-2,General Business Use District Comparison-Zoning Requirements Zoning Requirements Parking Setbacks Maximum Minimum Lot Minimum Front Yard Rear Yard Rear Yard Setback Side Yard Side Yard Setback Front Yard Rear Yard Side Yard Abutting Building Height Width-Frontage Acreage Setback Setback (abutting res.) Setback (abutting res.) Setback Setback Setback Residential 4 stories or 45' Prior Lake C-2,General Business 150' 1 acre 30' 30' 60' 20' 60' 10' 10' 10' 20' (whichever is greater) Lakeville C-3,General Commercial 3 stories or 35' 100' 20,000 SF 30' 10' 30' 10' 30' 15' 5' 5' 1s' (whichever is less) (.46 acres) Prior Lake is more restrictive Less More More Same More More More More Less More More More -less restrictive-or same Savage C-2,General Commerce 40' 150' 1 acre 30' 10' 30' 10' 30' 10' 5' 5' 10' Prior Lake is more restrictive Less Same Same Same More More More More Same More More More -less restrictive-or same Shakopee B-1,Highway Business 35' 100' 1 acre 30' 30' 75' 20' 75' 15' 5' 5' 5' Prior Lake is more restrictive Less More Same Same Same Less Same Less Less More More More -less restrictive-or same Chanhassen BG,General Business Two Stories(25') 100' 20,000 SF (.46 25' 25' 50' 10' 50' 30' 25' 10' 50' acres) Prior Lake is more restrictive Less More More More More More More More Less Less Less Less -less restrictive-or same Rosemount C-4,General Commercial 35' 120' 20,000 SF (,46 acres) 30' 10' 30' 10' 30' 20' 10' 10' 30' Prior Lake is more restrictive Less More More Same More More More More Less Same Same Less -less restrictive-or same Burnsville 5-3,General Business 35' 100' 20,000 SF acres) 30' 5' 30' 10' 30' 10' 5' 5' 30' Prior Lake is more restrictive Less More More Same More More More More Same More More Less -less restrictive-or same PL is More Restrictive 0 5 4 1 5 5 5 5 0 4 4 3 PL has Same Restrictions0 1 2 5 1 0 1 0 2 1 1 0 PL is Less Restrictive 6 0 0 0 0 1 0 1 4 1 1 3 Maximum Minimum Lot Minimum Front Yard Rear Yard Rear Yard Setback Side Yard Side Yard Setback Front Yard Rear Yard Side Yard Abutting Building Height Width-Frontage Acreage _ Setback Setback (abutting res.) _ Setback (abutting res.) Setback Setback Setback Residential Prior Lake 4 stories or 45' 150' 1 acre 30' 30' 60' 20' 60' 10' 10' 10' 20' (whichever is greater) Peer Community Average 34' 112' 0.64 acres 29' 15' 41' 12' 41' 17' 9' 7' 23' Recommended Requirement 4 stories or 45' 0.5 acres 100' 30' 15' 40' 10' 40' 10' 10' 10' 20' (whichever is greater) , (21,780 SF) Yellow highlighted areas indicate a proposed zoning ordinance amendment