Loading...
HomeMy WebLinkAbout8B Charlies Parking Lot Report Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: JULY 24, 2017 AGENDA #: 8B PREPARED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT DIRECTOR PRESENTED BY: CASEY MCCABE AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A TEMPORARY OFF-STREET PARKING DEMONSTRATION PROJECT FOR CHARLIE’S ON PRIOR DISCUSSION: Introduction The purpose of this agenda item is to consider a resolution approving a temporary off-street parking demonstration project for Charlie's on Prior. History Charlie’s on Prior is continuously trying to identify opportunities to provide additional off-street parking options for its customers and employees. In an effort to reduce on-street parking demands on the local residential streets, Charlie’s on Prior submitted an application in May 2017 requesting an Interim Use Permit for an off-street gravel parking lot on a parcel of land located at the southwest corner of the Green Heights Trail SW and Dutch Avenue SE intersection. The City of Prior Lake Zoning Ordinance considers all driveways and parking areas, whether paved or gravel, as an impervious surface. City staff reviewed the application and provided comments back to the applicant related to minimum requirements necessary to comply with city ordinances, State of Minnesota rules related to stormwater management and the Wetland Conservation Act. City staff informed the applicant that the Zoning Ordinance requires all new areas intended to be utilized for parking to be surfaced with a minimum of 1½” of bituminous paving on a suitable base or equivalent material approved by the City. The Zoning Ordinance also requires adequate drainage of the parking area surface to a public storm sewer or to other approved storm water facilities. Following a discussion with staff, the applicant withdrew the application for an Interim Use Permit based on the project not being viable due to costs required to construct an off-street parking lot which met City Code requirements and State of Minnesota rules. More information on the stormwater and wetland rules can be found in the attached Water Resources Engineer memorandum. 2 When it became clear that a parking lot in compliance with City Code and State of Minnesota rules was not financially viable, Jeff Petschl attended the City Council’s July 10, 2017 Public Forum and requested the City Council consider an Interim Use Permit to allow a gravel parking lot on the property at the southwest corner of the Green Heights Trail SW and Dutch Avenue SE intersection. The City Council directed staff to prepare an amendment to Subsection 1102.1600, Expansion of a Nonconforming Restaurant Use, for City Council consideration. The improvements proposed by Charlie’s, including the gravel parking base of approximately 9,000 square feet and associated site preparation work, would likely trigger stormwater rate and volume control requirements, compliance with State erosion and sediment control standards, and compliance with the State Wetland Conservation Act. In addition, all amendments to the text of the Zoning Ordinance require a public hearing at the Planning Commission following two weeks published notice. The soonest an ordinance could be brought back before the Council would be August 21, 2017 after a public hearing before the Planning Commission on August 14, 2017. Current Circumstances Due to the costs of complying with the City Code and State rules and due to the timing of the required approvals for an ordinance amendment, City staff sought additional options. The City of Prior Lake Development Review Committee discussed the request and is recommending a temporary off- street parking demonstration project on the existing grass surface. This will allow time for the applicant, staff and the City Council to evaluate the effectiveness of the off-street parking and any potential impacts to surrounding properties, the adjacent wetland and the lake. The introduction of a new parking surface or improvement to the site triggers the stormwater compliance requirements identified on the attached memo. Staff feels a demonstration project on the existing grass surface may be a viable option because there would not be an introduction of new materials to the site which would allow the parking use to be evaluated without the need for the costly improvements necessary to comply with ordinance and state requirements. Conclusion Staff is proposing an alternative to an ordinance amendment in the form of the attached resolution, which would allow for parking on the existing grass surface with minimal grading and clearing required. Staff has discussed this alternative with the applicant and believes the applicant would prefer the resolution before the Council today, as opposed to the ordinance amendment route. Staff is recommending approval of the attached resolution for a temporary off-street parking demonstration project for Charlie’s on Prior from July 26, 2017 through October 1, 2017, subject to the following conditions: a. Charlie’s on Prior may establish a temporary off-street parking area on the parcel of land at the southwest corner of the Green Heights 3 Trail SW and Dutch Avenue SE intersection (PID 251020240) (“Parcel”). b. Charlie’s on Prior must obtain written permission from the owner of the Parcel and must provide proof of such permission to the City prior to any use of the Parcel. c. No impervious surfaces may be installed on the Parcel and any improvements must be approved in advance and in writing by City staff. d. The Parcel may be used only for parking of operable, licensed motor vehicles. e. Parking on the Parcel shall only be permitted on Thursday, Friday, Saturday, Sunday, City approved special events and holidays. f. The demonstration project may be terminated at any time, for any reason at the sole discretion of the City Manager. g. The Parcel shall be utilized by employees of Charlie’s on Prior and as overflow customer parking only as needed. h. Charlie’s on Prior shall be responsible for site clean-up and restoration following expiration of the demonstration project, or any extension thereof, as determined necessary by the City Engineer. i. Charlie’s on Prior is responsible for compliance with the requirements of this resolution. j. Charlie’s on Prior shall notify all adjacent property owners of the approved resolution and terms of the parking demonstration project. k. There shall be no grading, clearing, storage of equipment or vehicles or parking within 50 feet of the wetland boundary, as delineated by City staff. l. Charlie’s on Prior shall obtain a City grading permit prior to any disturbance of more than 500 square feet of land or removal/deposit of more than 50 cubic yards of material per City Code Subsection 706. m. Charlie’s on Prior shall submit to the City an erosion and sediment control plan, including provisions to remove any sediment tracked onto Green Heights Trail within 24 hours of discovery. n. Charlie’s on Prior shall use sound judgement on the use of the grass parking area and shall close off the area for use during periods of wet weather. ISSUES: The intent of the resolution approving a temporary off-street parking lot demonstration project is to allow Charlie’s on Prior to utilize the existing grass parking surface while providing time for city staf f, Charlie’s on Prior and surrounding residents to evaluate the effectiveness of the off-street parking and identify any potential issues or concerns that may need to be addressed with a future amendment to Nonconforming Restaurant Use subsection of the Zoning Ordinance. The Zoning Ordinance requires all areas intended to be utilized for parking to be surfaced with a minimum of 1½” of bituminous paving on a suitable base, or 6 inches of non-reinforced concrete. Code Enforcement staff may receive complaints of vehicles parked on the grass. W ith Council approval of the demonstration project resolution, city staff would not pursue code enforcement action for parking on grass at this location. 4 The proposed parking location abuts one residential property to the west. The applicant is proposing to clear brush, small trees and debris from the site; however, there is a significant amount of natural screening with trees and bushes between the proposed parking area and the single-family residential structure which will remain. Approval of a resolution for a temporary off-street parking demonstration project does not require a public hearing so it is assumed that many of the surrounding residents may not be aware of the request or Council action. Staff has recommended, as a condition of approval, the requirement that Charlie’s on Prior notify all adjacent property owners of the approved resolution and terms of the demonstration project. After the completion of this demonstration project, the Council would want to consider if subsequent demonstrations are in order, whether to discontinue such use or if ordinance revisions should be considered to provide for some level of similar usage in the future. This demonstration project is likely to result in feedback both from staff, residents and customers which may help the City Council in making such a decision. FINANCIAL IMPACT: Charlie’s will be responsible for the costs related to the work on the parking site or if damage to public property, storm water facilities, or public water body are traceable to this usage. The City has and will continue to incur staff costs relating to project administration and review. ALTERNATIVES: 1. Motion and second to approve a resolution authorizing a temporary off- street parking demonstration project for Charlie’s on Prior, subject to the proposed conditions, as may be amended by the City Council. 2. Motion and second to direct city staff to prepare an amendment to Subsection 1102.1600, Expansion of a Nonconforming Restaurant Use of the Prior Lake Zoning Ordinance, related to off-street gravel parking to be considered by the Planning Commission and City Council. 3. Motion and second to deny the resolution approving a temporary off- street parking demonstration project for Charlie’s on Prior. 4. Table action and provide direction to staff. RECOMMENDED MOTION: ATTACHMENTS: Alternative No. 1 1. Water Resources Engineer Memorandum 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-___ A RESOLUTION APPROVING A TEMPORARY OFF-STREET PARKING DEMONSTRATION PROJECT FOR CHARLIE’S ON PRIOR Motion By: Second By: WHEREAS, Charlie’s on Prior is in a unique situation as a legal nonconforming commercial use in a residential neighborhood; and WHEREAS, Due to the unique situation, Charlie’s on Prior has a demonstrated need for additional off-street parking facilities; and WHEREAS, Prior Lake residents have requested the City Council address the on-street parking demand on local residential streets near Charlie’s on Prior; and WHEREAS, WHEREAS, WHEREAS, WHEREAS, Charlie’s on Prior has proposed additional off-street parking on a lot at the southwest corner of the Green Heights Trail SW and Dutch Avenue SE intersection (PID 251020240); and City staff has significant concerns relating to the proposed off-street parking, including but not limited to: effect on neighboring residential properties, traffic, wetland impacts, lake impacts, site clean up and restoration; and In addition, City staff has concerns related to installation of impervious surface in the shoreland area; and In order to assess these concerns, City staff has proposed a temporary off-street parking demonstration project on the existing grass surface; and WHEREAS, WHEREAS, WHEREAS, The Prior Lake City Council reviewed and discussed the temporary off-street parking demonstration project during their July 24, 2017 meeting; and Approval of a temporary off-street parking demonstration project does not obligate the City Council to authorize the continuation of the demonstration project beyond October 1, 2017; and The City Council finds the temporary off-street parking demonstration project will assist in addressing the parking needs of Charlie’s on Prior and will help ameliorate the on-street parking demands on the local residential streets in the immediate area, while allowing staff and the Council to gather information and assess the impacts of the off-street parking. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2 2. A temporary off-street parking demonstration project for Charlie’s on Prior from July 26, 2017 through October 1, 2017 is approved as follows: a. Charlie’s on Prior may establish a temporary off -street parking area on the parcel of land at the southwest corner of the Green Heights Trail SW and Dutch Avenue SE intersection (PID 251020240) (“Parcel”). b. Charlie’s on Prior must obtain written permission from the owner of the Parcel and must provide proof of such permission to the City prior to any use of the Parcel. c. No impervious surfaces may be installed on the Parcel and any improvements must be approved in advance and in writing by City staff. d. The Parcel may be used only for parking of operable, licensed motor vehicles. e. Parking on the Parcel shall only be permitted on Thursday, Friday, Saturday, Sunday, City approved special events and Holidays. f. The demonstration project may be terminated at any time, for any reason at the sole discretion of the City Manager. g. The Parcel shall be utilized by employees of Charlie’s on Prior and as overflow customer parking only as needed. h. Charlie’s on Prior shall be responsible for site clean-up and restoration following expiration of the demonstration project, or any extension thereof, as determined necessary by the City Engineer. i. Charlie’s on Prior is responsible for compliance with the requirements of this resolution. j. Charlie’s on Prior shall notify all adjacent property owners of the approved resolution and terms of the parking demonstration project. k. There shall be no grading, clearing, storage of equipment or vehicles or parking within 50 feet of the wetland boundary, as delineated by City staff. l. Charlie’s on Prior shall obtain a City grading permit prior to any disturbance of more than 500 square feet of land or removal/deposit of more than 50 cubic yards of material per City Code Subsection 706. m. Charlie’s on Prior shall submit to the City an erosion and sediment control plan, as outlined in City Code Subsection 706.400, including provisions to remove any sediment tracked onto Green Heights Trail within 24 hours of discovery, prior to any use of the Parcel. n. Charlie’s on Prior shall use sound judgement on the use of the grass parking area and shall close off the area for use during periods of wet weather. Passed and adopted by the Prior Lake City Council this 24th day of July 2017 VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager [Phone] 952-447-9800 | [Fax] 952-447-4245 | cityofpriorlake.com Memo Date: July 13, 2017 To: Casey McCabe, Community Development Director From: Pete Young, PE, Water Resources Engineer Subject: Stormwater and Wetland Rules General Requirements: Stormwater Rate and volume control will be required for all development, redevelopment, or change in use that creates more than 3,500 square feet of new impervious area and disturbs more than 10,000 square feet of land. (City of Prior Lake Public Works Design Manual, Part III, Section 4.1) Impervious surface shall include, but not be limited to, all driveways and parking areas, whether paved or not… (City Code Section 1101.400) Discussion: All sites are evaluated based on the area of proposed land disturbance and new impervious surface. Sites exceeding the minimum thresholds listed above must meet the City’s rate and volume control standards, detailed in Part III of the Public Works Design Manual. Wetlands The purpose of the Minnesota Wetland Conservation Act (WCA) is, in part, to “avoid direct or indirect impacts from activities that destroy or diminish the quantity, quality, and biological diversity of wetlands…” (MN Administrative Rules, Chapter 8420) The City of Prior Lake administers WCA at the local level. (City Resolution 94-01) If impacts are proposed to any wetland, the procedure follows the requirements of the Wetland Conservation Act and [Public Works Design Manual] rules. (City of Prior Lake Public Works Design Manual, Part III, Section 6.1) Discussion: The first step in the Wetland Conservation Act procedure is delineating the existing wetlands at any site where development, redevelopment, or change in use will take place. If no approved delineation is in place, the City has, in the past, approved moving forward with site work if the approximate wetland line is confirmed by staff and buffers exceeding any future requirement are put in place. For example, the City has used an expired (approved more than 5 years ago) wetland delineation as an approximate wetland boundary with a 50-foot buffer while the applicant worked on an updated delineation. Site Requirements Based on Land Disturbance and Impervious Surface: Disturbance/Impervious Rate Control Requirement Volume Control Requirement Erosion & Sediment Control <10,000 SF OR <3,500 SF n/a n/a Per City Grading Permit >10,000 SF & >3,500 SF 2/10/100 yr storms pre/post 0.5” over new impervious State SWPPP standards (in shoreland) >1 AC disturbance 2/10/100 yr storms pre/post 1.0” over new impervious State SWPPP standards Discussion: Sites that will disturb less than 10,000 square feet of land or propose to add less than 3,500 square feet of new impervious surface are not required to meet the City’s rate control or volume control standards. A City grading permit applies to all sites that disturb more than 500 square feet of land or remove/deposit more than 50 cubic yards of material per City Code Section 706. An erosion control plan is required for a grading permit (requirements outlined in City Code Section 706.400). Sites that will disturb more than 10,000 square feet of land and propose to add more than 3,500 square feet of new impervious surface are required to meet the City’s rate control and volume control standards. These standards are detailed in Part III of the Public Works Design Manual. The rate control requirement is to match pre- and post-project runoff rates for the 2-, 10-, and 100-year, 24-hour rainfall events. The volume control requirement is to capture the first 0.5” of runoff over all new impervious surface created by the project and either infiltrate or filter this runoff. Practices designed to infiltrate or filter the runoff must meet Minnesota Stormwater Manual standards. An example of an infiltration practice is an infiltration basin with a pre-treatment cell. Sites in this category must meet City grading permit requirements (erosion control plan) at a minimum, and those in shoreland areas must meet State NPDES SWPPP requirements from the State Construction Stormwater General Permit (MNR100001) per Part III, Section 3.2 of the Public Works Design Manual. Sites that will disturb more 1 acre of land (regardless of the amount of new impervious surface added) are required to meet the City’s rate control and volume control standards. These standards are detailed in Part III of the Public Works Design Manual. The rate control requirement is to match pre- and post- project runoff rates for the 2-, 10-, and 100-year, 24-hour rainfall events. The volume control requirement is to capture the first 1.0” of runoff over all new impervious surface created by the project and either infiltrate or filter this runoff (per the State MS4 Permit, MNR040000). Practices designed to infiltrate or filter the runoff must meet Minnesota Stormwater Manual standards. An example of an infiltration practice is an infiltration basin with a pre-treatment cell. Sites in this category must meet State NPDES SWPPP requirements from the State Construction Stormwater General Permit (MNR100001).