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HomeMy WebLinkAbout4D Charlies on Prior Ordinance Amendment Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: July 5, 2016 AGENDA #: 4D PREPARED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR PRESENTED BY: DAN ROGNESS AGENDA ITEM: AFTER CONDUCTING A PUBLIC HEARING, CONSIDER RECOMMENDING APPROVAL OF AN ORDINANCE AMENDING SECTION 1102 OF THE PRIOR LAKE CITY CODE AS SUBSECTION 1102.1600, EXPANSION OF A NON- CONFORMING RESTAURANT USE RELATED TO OUTDOOR MUSIC DISCUSSION: 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 adding a new provision that would allow outdoor “Dinner Music” with certain restrictions. 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. On May 9, 2016, the City Council amended the Ordinance per Ordinance No. 116-10 related to an exchange from July 4 to July 3 for later hours. Current Circumstances The latest proposal for Charlie’s on Prior is 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 two items as follows: 1. Amend 3(h) to correct a mistake that did not include Friday as a specific day tied to hours of operation allowed from 9:00 a.m. to 1:00 a.m. 2. Amend 3(l) to allow “Dinner Music” that includes outdoor amplified music between the hours of 4:00 – 8:00 p.m., Thursday through Saturday, up to ten times per year. 2 The City has an “Outdoor Event Ordinance”, Section 307, that allows up to four such events per year. They are defined as any gathering of fifty people or more in one outdoor location where sound amplification is used to listen to a concert or some type of entertainment. Charlie’s on Prior has live amplified acoustical mu- sicians on Thursdays during the summer months. Staff determined that they would be limited to four such events because the Thursday events fall within the definition of an Outdoor Event, subject to Section 307. Therefore, the Commission is being presented with two options that amend 3(l), one from Charlie’s and one recommended by City staff. Attachment #1 (by Char- lie’s) is a shorter amendment, allowing up to 20 non-acoustic live dinner music per year plus up to 8 outdoor events. Attachment #2 (by City staff) is a longer amendment, allowing up to 10 “Dinner Music” per year plus up to 4 outdoor events. In addition, staff is recommending further restrictions that would permit the Dinner Music to be played between the hours of 4:00-8:00 p.m. Thursday through Saturday. The same decibel level maximum that currently applies to Outdoor Events would apply to the Dinner Music. Conclusion The two versions of amendments both attempt to address the allowance of further outdoor events at Charlie’s that are more specifically defined as dinner music. The first proposal by Charlie’s would allow up to a combined 28 music and out- door events (20 + 8), while the proposal by City staff would allow up to a combined 14 music and outdoor events (10 + 4). ISSUES: FINANCIAL IMPACT: The City approved an ordinance with specific regulations necessary to allow for expansion of a nonconforming restaurant use at Charlie’s on Prior. With this (fourth) ordinance amendment, the City is able to further allow and define outdoor Dinner Music at Charlie’s that does not fall within the definition of Section 307, the Outdoor Event Ordinance in City Code. No financial impact to the City; support for a local business. ALTERNATIVES: 1. Motion and a second to recommend approval of an Ordinance amending Section 1102 of Prior Lake City Code as Subsection 1102.1600, expan- sion of a nonconforming restaurant use related to outdoor dinner music as recommended by City staff, or as further amended by the Commission. 2. Motion and a second to recommend denial of an amendment to an Ordi- nance related to outdoor dinner music. 3. Motion and a second to table action and provide further direction to staff. RECOMMENDED MOTIONS: Alternative #1. ATTACHMENTS: 1. Draft Ordinance amendment proposal by Charlie’s 2. Draft Ordinance amendment proposal by City staff 3. Section 307, Outdoor Event Ordinance Zoning Ordinance City of Prior Lake June 1, 2009 1102/p1 1102.1600 EXPANSION OF A NONCONFORMING RESTAURANT USE. The purpose of this Subsection is to permit the expansion of a nonconforming restaurant use on Upper Prior Lake upon the conformance to certain conditions and regulations as set forth below. (1) Findings. The City Council finds that the City and its residents will benefit by establishing conditions for parcels of property that conditions the expansion of a nonconforming use to the site and neighborhood based on the conditions set forth in 1102.1600 (3) based upon the following findings: a. Based upon Minnesota Statutes 462.357, Subd. 1e, the City of Prior Lake is authorized to permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare or safety. b. Property legally described as Lot 20, Green Heights First Addition, Lying East of a Line Commencing 50 feet East of the South Corner Northwest to a Point 63 Feet Northeast of the Northwest Corner of Lot 20, City of Prior Lake, Scott County, Minnesota, Parcel ID 251020220 (“Project Site A”) has a nonconforming use due to the principal building’s lake setback and its first floor elevation in the floodplain. The lot is conforming in the Shoreland District by meeting zoning minimum lot dimensional standards for the Medium Density Residential (R-2) Use District per Subsection 1102.505 of the Prior Lake Zoning Ordinance. c. Property legally described as Lot 7, Green Heights First Addition, City of Prior Lake, Scott County, Minnesota, Parcel ID 251020060 (“Project Site B”) is a nonconforming lot in the Low Density Residential (R-1) Use District with a 75-feet lot frontage compared to the 86-feet minimum. The lot area of 15,000 square feet is above the 12,000 square foot minimum d. The Minnesota Department of Natural Resources (“DNR”), on April 5, 2007, approved a transfer of an amended DNR Permit #1988-6299, authorizing a specific dock layout for this Mooring Facility with the restaurant known as Captain Jack’s. e. An application was received by the City of Prior Lake from Water Street Restaurants Group, LLC (the “Developer”) to reconstruct an existing marina and associated restaurant on Project Site A with additional off-street parking to be constructed on Project Site B (both combined as the “Project Site”). (2) Definition. Nonconforming or nonconformity means any development, including but not limited to structures, signs, site lighting, off-street parking, bufferyards, land uses, or parcels which were legally constructed or established prior to the effective date of this Ordinance, or subsequent amendment to it, which would not be permitted by or is not in full compliance with the provisions of the City Zoning Code. (3) Authorization. The expansion of the existing restaurant on Project Site A, and the construction of a parking lot on Project Site B is permitted upon the following conditions: Zoning Ordinance City of Prior Lake June 1, 2009 1102/p2 a. The Project Site shall be developed in accordance to the Site Plan revised January 27, 2015, or as may be further amended and approved by the City, and hereby incorporated into this Ordinance. b. Project Site B shall always be used in conjunction with Project Site A. c. The restaurant building shall be set back a minimum of twenty-five (25) feet from the 904’ Ordinary High Water Level elevation of Upper Prior Lake. d. The restaurant building shall be set back a minimum of ten (10) feet from the side property lines, and a minimum of twenty-five (25) feet from the front property line. e. No deck area shall encroach upon the Ordinary High Water Level elevation of 904 feet. f. The maximum impervious surface for the Project Site shall be seventy-five (75) percent. g. A minimum of 80 off-street parking stalls shall be provided on the Project Site. h. The restaurant/bar operations shall be limited to the following hours: Monday- Thursday = 11:00 a.m. to 11:00 p.m.; Friday-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. (Ord. Amd. 116-10, publ. 05/09/2016) i. Seating for the bar/restaurant shall be at a maximum capacity of 105 indoor and 180 outdoor. j. The number of boat slips associated with the DNR-approved dock configuration shall not be expanded (per DNR Transferred-Amended Public Water Permit dated April 5, 2007). A total of 80 boat slips in their existing configuration are permitted, including a maximum of 60 for lease, and a minimum of 20 for public use. k. The parking lot on Project Site B shall be designed for a maximum of 30- 32 stalls. This lot shall be used only by the use of permits as approved by the owner for boat slip renters associated with the marina operation, and for special events; in addition, special events and overflow parking shall be allowed by valet only. Lighting for this parking lot shall be limited to a cut - off, bollard-style at a maximum height of 42 inches. Buffering shall meet or exceed the City’s bufferyard Type C requirements shall be met, allowing plantings to be off-site on neighboring properties, if necessary. (Ord. Amd. 115-06, publ. 2/28/15) l. No outdoor music of any kind shall be allowed past 10:00 p.m., Monday through Sunday. Non-acoustic live dinner music shall be allowed twenty Zoning Ordinance City of Prior Lake June 1, 2009 1102/p3 (20) days per year from 3:00 p.m. to 9:00 p.m. Eight (8) Outdoor Events shall be permitted each year, subject to Section 307, Outdoor Event Ordinance. m. A minimum of 10, designated off-street employee parking stalls shall be provided on the Project Site. (Ord. Amd. 115-06, publ. 2/28/15) n. All other City Code regulations not exclusively specified herein shall be followed. (Ord. Amd. 115-05, publ. 2/14/15) Zoning Ordinance City of Prior Lake June 1, 2009 1102/p1 1102.1600 EXPANSION OF A NONCONFORMING RESTAURANT USE. The purpose of this Subsection is to permit the expansion of a nonconforming restaurant use on Upper Prior Lake upon the conformance to certain conditions and regulations as set forth below. (1) Findings. The City Council finds that the City and its residents will benefit by establishing conditions for parcels of property that conditions the expansion of a nonconforming use to the site and neighborhood based on the conditions set forth in 1102.1600 (3) based upon the following findings: a. Based upon Minnesota Statutes 462.357, Subd. 1e, the City of Prior Lake is authorized to permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare or safety. b. Property legally described as Lot 20, Green Heights First Addition, Lying East of a Line Commencing 50 feet East of the South Corner Northwest to a Point 63 Feet Northeast of the Northwest Corner of Lot 20, City of Prior Lake, Scott County, Minnesota, Parcel ID 251020220 (“Project Site A”) has a nonconforming use due to the principal building’s lake setback and its first floor elevation in the floodplain. The lot is conforming in the Shoreland District by meeting zoning minimum lot dimensional standards for the Medium Density Residential (R-2) Use District per Subsection 1102.505 of the Prior Lake Zoning Ordinance. c. Property legally described as Lot 7, Green Heights First Addition, City of Prior Lake, Scott County, Minnesota, Parcel ID 251020060 (“Project Site B”) is a nonconforming lot in the Low Density Residential (R-1) Use District with a 75-feet lot frontage compared to the 86-feet minimum. The lot area of 15,000 square feet is above the 12,000 square foot minimum d. The Minnesota Department of Natural Resources (“DNR”), on April 5, 2007, approved a transfer of an amended DNR Permit #1988-6299, authorizing a specific dock layout for this Mooring Facility with the restaurant known as Captain Jack’s. e. An application was received by the City of Prior Lake from Water Street Restaurants Group, LLC (the “Developer”) to reconstruct an existing marina and associated restaurant on Project Site A with additional off-street parking to be constructed on Project Site B (both combined as the “Project Site”). (2) Definition. Nonconforming or nonconformity means any development, including but not limited to structures, signs, site lighting, off-street parking, bufferyards, land uses, or parcels which were legally constructed or established prior to the effective date of this Ordinance, or subsequent amendment to it, which would not be permitted by or is not in full compliance with the provisions of the City Zoning Code. (3) Authorization. The expansion of the existing restaurant on Project Site A, and the construction of a parking lot on Project Site B is permitted upon the following conditions: Zoning Ordinance City of Prior Lake June 1, 2009 1102/p2 a. The Project Site shall be developed in accordance to the Site Plan revised January 27, 2015, or as may be further amended and approved by the City, and hereby incorporated into this Ordinance. b. Project Site B shall always be used in conjunction with Project Site A. c. The restaurant building shall be set back a minimum of twenty-five (25) feet from the 904’ Ordinary High Water Level elevation of Upper Prior Lake. d. The restaurant building shall be set back a minimum of ten (10) feet from the side property lines, and a minimum of twenty-five (25) feet from the front property line. e. No deck area shall encroach upon the Ordinary High Water Level elevation of 904 feet. f. The maximum impervious surface for the Project Site shall be seventy-five (75) percent. g. A minimum of 80 off-street parking stalls shall be provided on the Project Site. h. The restaurant/bar operations shall be limited to the following hours: Monday- Thursday = 11:00 a.m. to 11:00 p.m.; Friday-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. (Ord. Amd. 116-10, publ. 05/09/2016) i. Seating for the bar/restaurant shall be at a maximum capacity of 105 indoor and 180 outdoor. j. The number of boat slips associated with the DNR-approved dock configuration shall not be expanded (per DNR Transferred-Amended Public Water Permit dated April 5, 2007). A total of 80 boat slips in their existing configuration are permitted, including a maximum of 60 for lease, and a minimum of 20 for public use. k. The parking lot on Project Site B shall be designed for a maximum of 30- 32 stalls. This lot shall be used only by the use of permits as approved by the owner for boat slip renters associated with the marina operation, and for special events; in addition, special events and overflow parking shall be allowed by valet only. Lighting for this parking lot shall be limited to a cut - off, bollard-style at a maximum height of 42 inches. Buffering shall meet or exceed the City’s bufferyard Type C requirements shall be met, allowing plantings to be off-site on neighboring properties, if necessary. (Ord. Amd. 115-06, publ. 2/28/15) l. No outdoor music of any kind shall be allowed past 10:00 p.m., Monday through Sunday. All outdoor music shall be subject to City Code Section Zoning Ordinance City of Prior Lake June 1, 2009 1102/p3 307 relating to Outdoor Events except for outdoor amplified dinner music, live or otherwise (“Dinner Music”), which shall be permitted subject to the following conditions: i) Dinner Music may be played only between 4:00 p.m. and 8:00 p.m. Thursday through Saturday; ii) Dinner Music may only be played ten (10) days per year; iii) Dinner Music shall not exceed a decibel level of sixty-five (65) decibels as measured at a distance of one hundred (100) feet from the event site; iv) Dinner Music is subject to City Code Section 605 relating to Public Nuisances; v) A schedule of Dinner Music dates shall be provided to the City by May 15 each year. Any revisions to the schedule shall be provided to the City at least 7 days in advance of any newly scheduled or rescheduled event; and vi) If Dinner Music violates any provision of this Section 1102.1800 or any other provision of the City Code in the City Council’s sole discretion, the City Council may immediately prohibit all future Dinner Music by written notice to the manager of the restaurant. Such prohibition may be lifted only by the City Council in the City Council’s sole discretion. m. A minimum of 10, designated off-street employee parking stalls shall be provided on the Project Site. (Ord. Amd. 115-06, publ. 2/28/15) n. All other City Code regulations not exclusively specified herein shall be followed. (Ord. Amd. 115-05, publ. 2/14/15)