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HomeMy WebLinkAbout4B Expansion of a Nonconforming Restaurant Use - Charlie's on Prior PC Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: MAY 1, 2017 AGENDA #: 4B PREPARED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT SPECIALIST PRESENTED BY: CASEY MCCABE AGENDA ITEM: CONSIDER RECOMMENDING APPROVAL OF AN ORDINANCE AMENDING SECTION 1102 OF THE PRIOR LAKE CITY CODE AS SUBSECTION 1102.1600, EXPANSION OF A NONCONFORMING RESTAURANT USE DISCUSSION: Introduction The purpose of this item is to hold a public hearing and consider a recommenda- tion of a proposed amendment to the city’s Zoning Ordinance related to Subsec- tion 1102.1600 Expansion of a Nonconforming Restaurant Use, related to hours of operation and outdoor music at Charlie’s on Prior. The subject property is lo- cated at 3950 Green Heights Trail SW (PIDs 251020220 and 251020060). 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). This property has also been issued a DNR permit to allow an 80 boat slip marina with a certain dock configuration that is currently being used. On February 9, 2015, the City Council adopted Ordinance No. 115-05 to permit the expansion of a nonconforming res- taurant use on Upper Prior Lake in conformance with certain conditions. On Feb- ruary 23, 2015, the City Council amended the Ordinance per Ordinance No. 115- 06 related to parking. On May 9, 2016, the City Council approved Ordinance No. 116-10 related to 2016 Holiday hours. On July 25, 2016, the City Council ap- proved Ordinance No 116-15 to allow outdoor Dinner Music to be played between 3:00 p.m. and 8:00 p.m. on up to 20 days in 2016. Current Circumstances Waterstreet Restaurants Group, dba as Charlie’s on Prior, has requested an or- dinance amendment to Subsection 1102.1600, Expansion of a Nonconforming Restaurant Use, related to Holiday hours of operation and Dinner Music. When the Planning Commission and City Council considered ordinance amend- ments in 2015 and 2016, it was noted that as the owners and managers of Char- lie’s on Prior demonstrated compliance with the existing conditions of operation through much of 2016, then the Planning Commission and City Council could consider further amendments. The applicants have demonstrated compliance with the ordinance requirements and are now requesting an amendment to the ordinance. The purpose of the or- dinance amendment is not to eliminate the current conditions that have been es- tablished by the City of Prior Lake, rather to eliminate the need to amend the 2 ordinance annually to identify specific Holiday dates and to reaffirm the operator’s ability to play outdoor Dinner Music. Staff verified with the Prior Lake Police Department that no complaints were re- ceived in 2016 related to hours of operation or outdoor music. The applicant indicated they only received one complaint related to outdoor music and it was received when the music was played through a musician’s speakers, not the ex- isting Charlie’s on Prior speakers. The applicants have stated all Dinner Music is now played through the restaurant’s speakers which allows the volume to be controlled by the restaurant staff. The use of a musician’s speakers may be pur- sued for a Public or Private Gathering, as regulated in City Code Section 307; however, all Dinner Music will be played through restaurant speakers. Subsection 1102.1600, Expansion of a Nonconforming Restaurant Use is written in such a way that requires an annual ordinance amendment. For example, the current ordinance identifies specific Holidays for extended hours of operation and the operator must amend the ordinance to extend hours on other holidays or if the applicant wished to utilize the holiday hours on the evening before the holiday. In addition, Dinner Music is allowed on 20 days; however, the ordinance is spe- cific to 2016. The ordinance must be amended to allow outdoor Dinner Music to be played in 2017. Attached to this report are two proposed options for amending the ordinance for Planning Commission consideration. Below is a summary of both options. Ordinance Option A ➢ Removes the identification of specific Holiday dates; ➢ Allows for up to eight (8) Holidays per year with extended indoor/outdoor hours; ➢ Operator provides written notice to City Manager of Holiday dates by May 15th each year; ➢ Operator is not required to amend this ordinance annually; ➢ Dinner Music dates remain at twenty (20) per year; however, operator is not required to amend/renew the Dinner Music allowance annually. Ordinance Option B ➢ Specific Holiday dates are identified, as is the case with the current ordinance; ➢ Operator will be required to amend this ordinance annually; ➢ Dinner Music dates remain at twenty (20) per year and the operator will be required to amend the Dinner Music allowance annually. Conclusion The proposed expansion of nonconformities related to Holiday hours and Dinner Music may be approved by an amendment to the approved special ordinance specific to this property. The Planning Commission is asked to review ordinance options A and B and make a recommendation to the City Council. Staff is recommending the Planning Commission adopt Alternative 1, which is to recommend the City Council approve Ordinance Amendment Option A. 3 ISSUES: The City Council approved an ordinance with specific regulations necessary to allow for expansion of a nonconforming restaurant use. With this current ordi- nance amendment, the City is able to further condition its approval for hours of operation to address holiday hours and dinner music while simplifying the process by eliminating the requirement to review this ordinance annually. The draft ordi- nance amendment redefines the parameters for the restaurant/bar related to hol- iday hours of operation and outdoor dinner music, which may impact the sur- rounding residential properties. ALTERNATIVES: 1. Motion and a second to recommend approval of an Ordinance [Option A] amending Section 1102 of the Prior Lake City Code as Subsection 1102.1600, expansion of a nonconforming restaurant use, as proposed or as may be further amended by the Planning Commission. 2. Motion and a second to recommend approval of an Ordinance [Option B] amending Section 1102 of the Prior Lake City Code as Subsection 1102.1600, expansion of a nonconforming restaurant use, as proposed or as may be further amended by the Planning Commission. 3. Motion and a second to recommend denial of an Ordinance amending Sub- section 1102.1600, expansion of a nonconforming restaurant use. 4. Motion and a second to table action and provide further direction to city staff. RECOMMENDED MOTIONS: Alternative #1. ATTACHMENTS: 1. Proposed amendments to Subsection 1102.1600 (Option A eliminates the need for an annual ordinance review) 2. Proposed amendments to Subsection 1102.1600 (Option B maintains the need for an annual ordinance review) OPTION A 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 1102.1600: Expansion of a Nonconforming Restaurant Use EXCERPT 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 OPTION A Zoning Ordinance Residential (R-2) Use District per Subsection 1102.505 of the Prior Lake Zoning Ordinance. c. Property legally described as Lot 7, Green Heights First Addition, City of Prior Lake, Scott County, Minnesota, Parcel ID 251020060 (“Project Site B”) is a nonconforming lot in the Low Density Residential (R-1) Use District with a 75- feet lot frontage compared to the 86-feet minimum. The lot area of 15,000 square feet is above the 12,000-square foot minimum. d. The Minnesota Department of Natural Resources (“DNR”), on April 5, 2007, approved a transfer of an amended DNR Permit #1988-6299, authorizing a specific dock layout for this Mooring Facility with the restaurant known as Captain Jack’s. e. An application was received by the City of Prior Lake from Water Street Restaurants Group, LLC (the “Developer”) to reconstruct an existing marina and associated restaurant on Project Site A with additional off-street parking to be constructed on Project Site B (both combined as the “Project Site”). (2) Definition. Nonconforming or nonconformity means any development, including but not limited to structures, signs, site lighting, off -street parking, bufferyards, land uses, or parcels which were legally constructed or established prior to the effective date of this Ordinance, or subsequent amendment to it, which would not be permitted by or is not in full compliance with the provisions of the City Zoning Code. (3) Authorization. The expansion of the existing restaurant on Project Site A, and the construction of a parking lot on Project Site B is permitted upon the following conditions: a. The Project Site shall be developed in accordance to the Site Plan revised January 27, 2015, or as may be further amended and approved by the City, and hereby incorporated into this Ordinance. b. Project Site B shall always be used in conjunction with Project Site A. c. The restaurant building shall be set back a minimum of twenty-five (25) feet from the 904’ Ordinary High Water Level elevation of Upper Prior Lake. d. The restaurant building shall be set back a minimum of ten (10) feet from the side property lines, and a minimum of twenty-five (25) feet from the front property line. e. No deck area shall encroach upon the Ordinary High Water Level elevation of 904 feet. f. The maximum impervious surface for the Project Site shall be seventy-five (75) percent. g. A minimum of 80 off-street parking stalls shall be provided on the Project Site. OPTION A Zoning Ordinance 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. The restaurant/bar operations shall be allowed extended Holiday hours on up to eight (8) calendar dates per year. i. A schedule of up to eight (8) Holidays shall be provided to the City Manager by May 15 each year. Any revisions to the schedule shall be provided to the City Manager at least seven (7) days in advance of any newly scheduled or rescheduled event; ii. Indoor restaurant/bar Holiday hour operations shall be limited to the following hours: 9:00 a.m. to 1:00 a.m.; and iii. Outdoor restaurant/bar Holiday hour operations shall be limited to the following hours: 9:00 a.m. to 12:00 midnight. i.j. Seating for the bar/restaurant shall be at a maximum capacity of 105 indoor and 180 outdoor. j.k. 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.l. 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.m. 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 307 relating to Public and Private GatheringsOutdoor 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 through December 31, 2016; OPTION A Zoning Ordinance 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 Manager by May 15 each year. Any revisions to the schedule shall be provided to the City Manager 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. m.n. 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.o. All other City Code regulations not exclusively specified herein shall be followed. (Ord. Amd. 115-05, publ. 2/14/15) (Ord. Amd. 116-15, publ. 7/30/16) OPTION B 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 1102.1600: Expansion of a Nonconforming Restaurant Use EXCERPT 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 OPTION B Zoning Ordinance Residential (R-2) Use District per Subsection 1102.505 of the Prior Lake Zoning Ordinance. c. Property legally described as Lot 7, Green Heights First Addition, City of Prior Lake, Scott County, Minnesota, Parcel ID 251020060 (“Project Site B”) is a nonconforming lot in the Low Density Residential (R-1) Use District with a 75- feet lot frontage compared to the 86-feet minimum. The lot area of 15,000 square feet is above the 12,000-square foot minimum. d. The Minnesota Department of Natural Resources (“DNR”), on April 5, 2007, approved a transfer of an amended DNR Permit #1988-6299, authorizing a specific dock layout for this Mooring Facility with the restaurant known as Captain Jack’s. e. An application was received by the City of Prior Lake from Water Street Restaurants Group, LLC (the “Developer”) to reconstruct an existing marina and associated restaurant on Project Site A with additional off-street parking to be constructed on Project Site B (both combined as the “Project Site”). (2) Definition. Nonconforming or nonconformity means any development, including but not limited to structures, signs, site lighting, off -street parking, bufferyards, land uses, or parcels which were legally constructed or established prior to the effective date of this Ordinance, or subsequent amendment to it, which would not be permitted by or is not in full compliance with the provisions of the City Zoning Code. (3) Authorization. The expansion of the existing restaurant on Project Site A, and the construction of a parking lot on Project Site B is permitted upon the following conditions: a. The Project Site shall be developed in accordance to the Site Plan revised January 27, 2015, or as may be further amended and approved by the City, and hereby incorporated into this Ordinance. b. Project Site B shall always be used in conjunction with Project Site A. c. The restaurant building shall be set back a minimum of twenty-five (25) feet from the 904’ Ordinary High Water Level elevation of Upper Prior Lake. d. The restaurant building shall be set back a minimum of ten (10) feet from the side property lines, and a minimum of twenty-five (25) feet from the front property line. e. No deck area shall encroach upon the Ordinary High Water Level elevation of 904 feet. f. The maximum impervious surface for the Project Site shall be seventy-five (75) percent. g. A minimum of 80 off-street parking stalls shall be provided on the Project Site. OPTION B Zoning Ordinance 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: Sunday, May 28, 2017; Sunday, July 2, 2017; Tuesday, July 4, 2017; Sunday, September 3, 2017; and Wednesday, November 22, 2017 to New Year’s Eve = 1:00 a.m.; New Year’s Day and the 3rd of July = 12:00 midnight and Monday, July 3, 2017 and Sunday, December 31, 217 to 1:00 a.m. 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 307 relating to Public and Private GatheringsOutdoor 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 through December 31, 20176; 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 Manager by May 15 each year. Any revisions to the schedule shall be provided to the City Manager at least seven (7) days in advance of any newly scheduled or rescheduled event; and OPTION B Zoning Ordinance 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) (Ord. Amd. 116-15, publ. 7/30/16)