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HomeMy WebLinkAbout05(F) - Approve Ordinance Amending Sections 1121 Land Use Table and 1122 Use Definitions and Conditions of the Prior Lake Zoning Code and Resolution for Publication of Summary Ordinance Report City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 CITY COUNCIL AGENDA REPORT ITEM: 5F MEETING DATE: March 21, 2022 PREPARED BY: Casey McCabe, Community Development Director PRESENTED BY: Casey McCabe AGENDA ITEM: Consider Approval of an Ordinance Amending Sections 1121 Land Use Table and 1122 Use Definitions and Conditions of the Prior Lake Zoning Code GOAL AREA OBJECTIVE: Desirable & Sustainable Development 1. Intentional land use planning that facilitates commercial development for an expanded tax base. RECOMMENDED ACTION: Approval of an ordinance, and a resolution adopting a summary of the ordinance, amending Section 1121 Land Use Table and Section 1122 Use Definitions and Conditions related to Drive Throughs in the C-2, General Business District and Restaurants and Clubs/Lodges Use in the C-1, Neighborhood Commercial District. BACKGROUND: The Planning Commission and City Council reviewed and recommended approval of several Zoning Code updates in 2020 and 2021, which were ultimately approved by the City Council on June 21, 2021. Since that time, city staff has identified a few sections of the Zoning Code that required further updates due to oversight during the initial update, which was anticipated due to the considerable amount of work that went into the updates and significant number of amendments that were approved. While recently working with developers and potential business owners on commercial proposals, staff has identified a couple more updates that are needed to the Zoning Code. Current Circumstances In recent weeks, City staff has received two separate inquiries related to construction of a new commercial building with a drive through in the C-2, General Business District, and remodeling of a commercial space for a restaurant use in the C-1, Neighborhood District. Both requests highlighted the potential need for amendments to the Prior Lake Zoning Code. The two proposed amendments for City Council consideration are 1) an update to the Land Use Definitions to allow drive through facilities in the C-2, General Business District, and 2) an update to the Land Use Table and Land Use Definitions to allow a Restaurant use within the C-1, Neighborhood Commercial District. Drive Through in C-2, General Business Drive Through was a use unintentionally omitted when the Zoning Code was updated in 2021. Prior to the last code update, drive through lanes and drive-up windows were permitted in the C-2, General Business district, permitted with conditions in the C-1, Neighborhood Commercial district, and permitted subject to the approval of a Conditional Use Permit in the TC, Town Center district. When the code was updated, staff’s intent was to propose language which would prohibit restaurant drive throughs and drive-up windows in the TC and C-1 districts; however, drive throughs were inadvertently removed from the Restaurants and Clubs/Lodges use in all zoning districts. Item 5F Page | 2 Restaurants and Clubs/Lodges in C-1, Neighborhood Commercial Restaurants and Clubs/Lodges is defined in the Zoning Code as, “An establishment whose principal business is the sale of food and beverages, with or without liquor, which are prepared and served in individual portions in a ready to consume state for consumption on site. It is preferably located on major thoroughfares with no access to residential streets.” This definition of Restaurants and Clubs/Lodges was created as part of the last major Zoning Code update approved in 2021. Previously, the Zoning Code identified two separate restaurant uses, Restaurants and Clubs/Lodges without Liquor License and Restaurants and Clubs/Lodges with Liquor License. The 2021 Zoning Code update allowed for Restaurants and Clubs/Lodges in certain zoning districts regardless of whether the operation held a liquor license. Restaurants and Clubs/Lodges without Liquor License was a use permitted with conditions in the C-1, Neighborhood Commercial district in the previous Zoning Code; however, when the 2021 Zoning Code was approved, the new Restaurants and Clubs/Lodges use was inadvertently omitted from the C-1 district. Proposed Amendments Attached are proposed amendments to Section 1121 and 1122 of the Zoning Code which would allow for a Restaurants and Clubs/Lodges in the C-1, Neighborhood Commercial District. In addition, the proposed amendments would also: • Remove a prohibition for outdoor music and public address system and instead include language that would allow for outdoor music and public address systems, provided they are not discernible from a residentially zoned property; • Establish hours of operation for outdoor seating areas located within 200 feet of a residentially zoned property; • Remove the prohibition of Restaurants and Clubs/Lodges from hosting outdoor special events; and • Delete the Zoning Code language related to a vestibule requirement. This language is somewhat redundant as MN State Building Code C402.5.7 (Commercial Energy Efficiency) already addresses when vestibules are required and exempts doors that open directly from a space less than 3,000 sq. ft. in area. The proposed amendments include language that would prohibit drive through and drive-up facilities in the TC or C-1 districts, but would allow them as an accessory use in the C-2, General Business district subject to the following conditions: • A maximum of two drive through lanes are allowed. • A bufferyard Type C shall be provided between the drive through facilities/vehicle stacking areas and adjacent streets. • The drive through facility shall be designed so it does not impede traffic or impair vehicular and pedestrian traffic movement or increase the potential for pedestrian or vehicular conflicts. • No part of a street may be used for stacking of automobiles. Conclusion The proposed amendments provide clarification and addition of language which was unintentionally omitted during the Zoning Code update. Subsection 1153.209 (Policy for Amendments) of the Zoning Code states recommendations of the planning commission and final determinations of the city council shall be supported by findings addressing the relationship of the proposed amendment to the following policies: Item 5F Page | 3 In the case of amendments to the text of the Zoning Code: There is a public need for the amendment, or In city staff’s opinion, there is a public need for this amendment to ensure Prior Lake can facilit ate the types of commercial uses desired by its residents. The amendment will accomplish one or more of the purposes of the Zoning Code, the Comprehensive Plan or other adopted plans or policies of the City, or Staff feels the proposed amendments will help accomplish the following findings and purpose of the Zoning Code: • Protect the residential, business, industrial and public areas of the community and maintain their stability. • Promote the most appropriate and orderly development of the residential, business, industrial, and public land, and areas. • Provide for compatibility of different land uses by segregating, controlling, and regulating unavoidable nuisance producing uses. • Require that development proceed according to the goals and policies established in the City's Comprehensive Plan. • Maintain a tax base necessary to promote the economic welfare of the City by ensuring optimum values for property in the City. • Establish a continuing system of review of the Zoning Code to ensure it will be amended to meet changing needs of the community and advances in science and technology. As well as meeting the following objective of the Desirable & Sustainable Development goal of the City’s 2040 Vision and Strategic Plan: • Intentional land use planning that facilitates commercial development for an expanded tax base. The adoption of the amendment is consistent with State and/or federal requirements. Adoption of the proposed amendments would be consistent with State and/or federal requirements. The Planning Commission considered this request at their March 14, 2022 meeting and following a public hearing, the Planning Commission recommended City Council approval of the proposed ordinance on a 3-0 vote. FINANCIAL IMPACT: Approval of the proposed ordinance amendments will encourage commercial development which will contribute to and diversify the city's tax base. ALTERNATIVES: 1. Motion and a second, as part of the consent agenda, approving an ordinance, and resolution adopting a summary of the ordinance, amending Sections 1121 and 1122 of the Prior Lake Zoning Code. 2. Remove this item from the consent agenda for discussion. ATTACHMENTS: 1. Proposed Amendments 2. Ordinance 3. Resolution Adopting Summary of Ordinance 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 22- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 122-___ AND ORDERING THE PUBLICATION OF SAID SUMMARY Motion By: Second By: WHEREAS, On March 21, 2022, the City Council adopted Ordinance No. 122-___ amending Sections 1121 (Land Use Table) and 1122 (Use Definitions and Conditions) of the Prior Lake City Code; and WHEREAS, Minnesota Statutes requires publication of an Ordinance in the official newspaper before it becomes effective; and WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the Council finds that the summary is an accurate representation of the Ordinance; and WHEREAS, The City Council desires to publish a summary of the amendments to Sections 1121 and 1122 of the Prior Lake City Code and has determined the publication of a summary of this ordinance will meet the intent of the statute. 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. Ordinance No. 122-___ is lengthy. 3. The text of summary of Ordinance No. 122-___, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. 4. The title and summary shall be published once in the Prior Lake American in a body type no smaller than brevier or eight-point type. 5. A complete text of the newly amended City Code will be available for inspection at City Hall or in the Document Center on the City of Prior Lake website after March 21, 2022. st PASSED AND ADOPTED THIS 21 DAY OF MARCH 2022. VOTE Briggs Thompson Burkart Braid Churchill Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Jason Wedel, City Manager Exhibit A SUMMARY ORDINANCE NO. ___ CITY OF PRIOR LAKE ORDINANCE NO. 122-____ AN ORDINANCE AMENDING SECTION 1121 LAND USE TABLE AND SECTION 1122 USE DEFINITIONS AND CONDITIONS RELATED TO DRIVE THROUGHS IN THE C-2, GENERAL BUSINESS DISTRICT AND RESTAURANTS AND CLUBS/LODGES IN THE C-1, NEIGHBORHOOD COMMERCIAL DISTRICT AND ADOPTING BY REFERENCE CITY CODE SECTION 104, WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS The following is only a summary of Ordinance No. 122-___. The full text will be available for public inspection after March 21, 2022, by any person during regular office hours at City Hall or in the Document Center on the City of Prior Lake Website. SUMMARY: The Ordinance amends Section 1121 (Land Use Table) and Section 1122 (Use Definitions and Conditions) related to allowing Drive Through Facilities in the C-2, General Business District and Restaurants and Clubs/Lodges in the C-1, Neighborhood Commercial District. This ordinance shall become effective from and after its passage and publication. st Passed by the City Council of the City of Prior Lake this 21 day of March 2022. ATTEST: _________________________ __________________________ Jason Wedel, City Manager Kirt Briggs, Mayor nd Summary published in the Prior Lake American on the 2 day of April 2022. 2 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 122-___ AN ORDINANCE AMENDING SECTION 1121 LAND USE TABLE AND SECTION 1122 USE DEFINITIONS AND CONDITIONS RELATED TO DRIVE THROUGHS IN THE C-2, GENERAL BUSINESS DISTRICT AND RESTAURANTS AND CLUBS/LODGES IN THE C-1, NEIGHBORHOOD COMMERCIAL DISTRICT AND ADOPTING BY REFERENCE CITY CODE SECTION 104, WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS The City Council of the City of Prior Lake, Minnesota, ordains: Section 1. The Land Use Table in City Code Section 1121 is hereby amended include Restaurants and Clubs/Lodges as a Use Permitted with Conditions (PWC) in the C-1, Neighborhood Commercial Zoning Use District. Section 2. City Code Subsection 1122.300 Land Use Definitions and Conditions, RESTAURANTS AND CLUBS/LODGES is hereby deleted in its entirety and replaced with: R ESTAURANTS A ND C LUBS/L ODGES A. Definition: An establishment whose principal business is the sale of food and beverages, with or without liquor, which are prepared and served in individual portions in a ready to consume state for consumption on site. The use often includes drive through, drive up window and delivery service. It is preferably located on major thoroughfares with no access to residential streets. B. Zoning District and Conditions: 1. Permitted with conditions in TC and C-1, and C-2 with the following conditions: a. Access shall be located to minimize access to and from local residential streets. b. Drive through and drive-up facilities are not permitted in the TC and C-1 districts. c. Drive through and drive-up facilities are permitted as an accessory use in the C-2 district subject to the following conditions: A maximum of two drive through lanes are allowed.  A bufferyard Type B shall be provided between the drive through facilities/vehicle stacking areas and adjacent streets. The drive-through facility shall be designed so it does not impede traffic or impair vehicular and pedestrian traffic movement or increase the potential for pedestrian or vehicular conflicts.  No part of a street may be used for stacking of automobiles. d. Access to and from an outdoor area shall be through the indoor seating area. There shall be no direct access to an outdoor seating area from the parking lot or street. e. Food service to an outdoor area shall be provided during all hours of operations. f. Hours of operation for outdoor seating shall be limited to 8:00 a.m. to 10:00 p.m. if the outdoor seating area is located within 200 feet from a residentially zoned property. g. No bar shall be located in an outdoor area, except a service bar for the exclusive use of the employees. h. No outdoor amplified music or public address system shall be discernible from a property in a residential Zoning District. Section 3. City Code Section 104 entitled “General Penalty” is adopted in its entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective upon its passage and publication. st Passed by the City Council of the City of Prior Lake this 21 day of March 2022. ATTEST: _________________________ __________________________ Jason Wedel, City Manager Kirt Briggs, Mayor nd A summary of this ordinance was published in the Prior Lake American on the 2 day of April 2022. Page 2 of 2