HomeMy WebLinkAbout9A Charlie's Outdoor Music
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: JULY 25, 2016
AGENDA #: 9A
PREPARED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR
PRESENTED BY:
DAN ROGNESS
AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION 1102 OF
THE PRIOR LAKE CITY CODE AS SUBSECTION 1102.1600, EXPANSION OF
A NONCONFORMING 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 recommended by the Planning
Commission on July 18:
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 3:00–8:00 p.m., Thursday through Saturday, up to
twenty (20) times per year.
NOTE: Charlie’s originally requested eight Outdoor Events versus the allow-
able four per City Code, but they later dropped that request.
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.
The Planning Commission was presented with two options that amended 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 from 3:00-9:00 p.m. plus up to 8 (later amended to 4) 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 recommended
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 (65) that currently applies to Outdoor Events would apply to the Dinner
Music.
The Planning Commission held a public hearing on Tuesday, July 5, which was
tabled until July 18; public comments include two persons speaking against the
proposed ordinance amendment and two persons speaking for the amendment.
On July 18, their recommendation was to allow a maximum of 20 Dinner Music
events per year from 3:00-8:00 p.m. Thursday through Saturday.
Conclusion
On a 4-0 vote, the Planning Commission recommended a proposed amendment
to the Ordinance as shown in Attachment #3 (in ordinance format).
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 approve an Ordinance amending Section 1102 of
Prior Lake City Code as Subsection 1102.1600, expansion of a noncon-
forming restaurant use related to outdoor music as recommended by the
Planning Commission, or as further amended by the Council.
2.Motion and a second to deny an amendment to an Ordinance related to
outdoor music based on findings of fact.
3.Motion and a second to table action and provide further direction to staff.
RECOMMENDED
MOTIONS:
Alternative #1
ATTACHMENTS: 1.Ordinance as recommended by the Planning Commission
2.Draft Ordinance amendment proposal by Charlie’s
3.Draft Ordinance amendment proposal by City staff
4.Section 307, Outdoor Event Ordinance
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. ______
AN ORDINANCE AMENDING CITY CODE SECTION 1102.1600 EXPANSION OF A NONCONFORMING
RESTAURANT USE 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, ORDAINS:
1. Subsection 1102.1600 (3) h of the Prior Lake City Code is amended by inserting the word “Friday-” before the
word Saturday in the first sentence.
2. Subsection 1102.1600 (4) l of the Prior Lake City Code is amended by inserting after the first sentence the
following:
All outdoor music shall be subject to City Code Section 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 3:00 p.m. and 8:00 p.m. Thursday through Saturday;
ii) Dinner Music may only be played twenty (20) days per year;
iii) iv) 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 seven (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.
3. City Code Section 103 entitled “Definitions” and Section 104 entitled “General Penalty” are hereby adopted in
their entirety, by reference, as though repeated verbatim herein.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 25th day of July, 2016.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kenneth L. Hedberg, Mayor
A Summary of this Ordinance to be published in the Prior Lake American on the 30th day of July, 2016.
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)