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Home My WebLink About5D Charlie's on Prior July Amend4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: PRESENTED BY: AGENDA ITEM: DISCUSSION: MAY 9, 2016 5D DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR DAN ROGNESS CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION 1102 OF THE PRIOR LAKE CITY CODE AS SUBSECTION 1102.1600, EXPANSION OF A NONCONFORMING RESTAURANT USE Introduction The purpose of this item is to consider a proposed amendment to the city’s Zoning Ordinance related to the regulation of an expansion of a nonconforming restau- rant at 3950 Green Heights Trail SW. The current restaurant and marina busi- ness is known as Charlie’s on Prior (previously referred to as the Shore Club & Marina). The proposed amendment relates to changing the extended hours of operation for the restaurant/bar operation permitted for July 4th to July 3rd (a one- for-one replacement). History In 1984, a Conditional Use Permit was issued to allow for the renovation of a restaurant and bar on this site (then known as McWillies). In addition, this prop- erty has been issued a DNR permit for the marina to allow 80 boat slips with a certain dock configuration that is currently be used annually. On February 9, 2015, the City Council adopted Ordinance No. 115-05 in order to permit the ex- pansion of a nonconforming restaurant use on Upper Prior Lake in conformance with certain conditions, including hours of operation. On February 23, 2015, the City Council amended the original Ordinance per Or- dinance No. 115-06 related to parking. On December 21, 2015, the City Council amended the Ordinance per Ordinance No. 115-26 related to hours of operation. Current Circumstances Waterstreet Restaurants Group has applied for an ordinance amending Section 1102 of the Prior Lake City Code as Subsection 1102.1600, expansion of a non- conforming restaurant use related to hours of operation. Section 3(h) as of Ordi- nance No. 115-26 regulates the hours of operation as follows: 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. Unless the hours noted previously accommodate these, Holiday hours shall be limited to: New Year’s Eve = 1:00 a.m.; New Year’s Day, and 4th of July = 12:00 midnight. Out- door serving of food and drinks shall stop no later than 11:00 p.m. Sunday through Thursday, and no later than 12:00 midnight Friday and Saturday except 2 that the outdoor serving hours may expand to 12:00 p.m. midnight for the 4th of July. The proposed amendment would switch one special extended day (July 4th) with another day (July 3rd), a one-for-one replacement. The proposed ordinance would amend the hours of operation as follows: The restaurant/bar operations shall be limited to the following hours: Mon- day-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. Unless the hours noted previously accommodate these, Holiday hours shall be limited to: New Year’s Eve = 1:00 a.m.; New Year’s Day, and 4th 3rd of July = 12:00 midnight. Outdoor serving of food and drinks shall stop no later than 11:00 p.m. Sunday through Thursday, and no later than 12:00 midnight Friday and Saturday except that the outdoor serving hours may expand to 12:00 p.m. midnight for the 4th 3rd of July. Conclusion The Planning Commission held a public hearing on May 2, 2016. The applicant feels that it is more important for them to be open later on the evening before the 4th of July holiday, rather than on July 4th. No persons spoke against the proposed amendment; the Planning Commission voted 5-0 in favor of the amendment. ISSUES: FINANCIAL IMPACT: The City approved an ordinance with specific regulations necessary to allow for expansion of a nonconforming restaurant use. With this (third) ordinance amend- ment, the City is able to further refine its previous approval for hours of operation to address one particular holiday. Although not directly related to this request, the Traffic Safety Advisory Commit- tee will soon be reviewing parking in the area based upon early experience with the opening of the indoor and outdoor service areas. Staff will report the results of this review to the City Council, owner/operator and residents of the area. No financial impact to the City; support for a local business. ALTERNATIVES: 1. Motion and a second, as part of the Consent Agenda, to approve an Ordi- nance amending Section 1102 of the Prior Lake City Code as Subsection 1102.1600, expansion of a nonconforming restaurant use related to holiday hours of operation. 2. Motion and a second to deny an amendment to an Ordinance related to hours of operation. 3. Motion and a second to table action and provide further direction to city staff. RECOMMENDED MOTIONS: Alternative #1. ATTACHMENTS: 1. Ordinance 115-26 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 116-XX 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 amended for 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: “(3)h” is hereby amended to read as follows: h. The restaurant/bar operations shall be limited to the following hours: Monday- Thursday = 11:00 a.m. to 11:00 p.m.; Saturday = 9:00 a.m. to 1:00 a.m.; and Sunday = 9:00 a.m. to 11:00 p.m. Unless the hours noted previously are less restrictive, Holiday hours shall be limited to: New Year’s Eve = 1:00 a.m.; New Year’s Day and the 3rd of July = 12:00 midnight. Outdoor serving of food and drinks shall stop no later than 11:00 p.m. Sunday through Thursday, and no later than 12:00 midnight Friday and Saturday, except that the outdoor serving hours may expand to 12:00 p.m. midnight for the 3rd of July. 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 May 2016. ATTEST: City Manager Mayor Published in the Prior Lake American on the 14th day of May 2016. 4646 Dakota Street SE Prior Lake MN 55372 CITY OF PRIOR LAKE ORDINANCE NO 115 26 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 amended for 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 3 h is hereby amended to read as follows h The restaurant bar operations shall be limited to the following hours Monday Thursday 11 00 a m to 11 00 p m Saturday 9 00 a m to 1 00 a m and Sunday 9 00 a m to 11 00 p m Unless the hours noted previously are less restrictive Holiday hours shall be limited to New Year s Eve 1 00 a m New Year s Day and the 4th of July 12 00 midnight Outdoor serving of food and drinks shall stop no later than 11 00 p m Sunday through Thursday and no later than 12 00 midnight Friday and Saturday except that the outdoor serving hours may expand to 12 00 p m midnight for the 4th of July This ordinance shall become effective from and after its passage and publication Passed by the City Council of the City of Prior Lake this 21st day of December 2015 ATTEST City Manager Mayor Published in the Prior Lake American on the 26th day of December 2015