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HomeMy WebLinkAbout4A Subsection 1123.600 Ord Text Amendment 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: April 22, 2024 AGENDA #: 4A PREPARED BY: Casey McCabe, Community Development Director PRESENTED BY: Casey McCabe AGENDA ITEM: Consider Amendments to Prior Lake City Code Subsection 1123.600, Ex- pansion of a Nonconforming Restaurant Use DISCUSSION: Introduction The purpose of this public hearing is to consider amendments to Prior Lake City Code Subsection 1123.600, Expansion of a Nonconforming Restaurant Use. Background In 1984, a Conditional Use Permit was issued to allow for the renovation of a restaurant and bar at 3950 Green Heights Trail SW (then known as McWillies). On February 9, 2015, the City Council adopted Ordinance No. 115-05 for the redevelopment of a nonconforming restaurant use on Upper Prior Lake, now know as Charlie’s on Prior; this ordinance has been amended several times since the original approval in 2015. The purpose of the 2015 ordinance was to permit the redevelopment of a nonconforming restaurant use upon the conformance to certain conditions and regulations as set forth within the Subsection 1123.600 [renumbered since 2015]. Current Circumstances Lakers Holdings LLC is requesting two amendments to Subsection 1123.600; in addition, City staff is recommending one amendment to the Subsection. Laker’s Holdings LLC purchased Lot 19, Green Heights First Addition (PID 251020210) in September 2023 for the purpose of improving access and expanding the off-street parking at Charlie’s on Prior. Lot 19 is an approximately 0.16-acre vacant lot located east of Charlie’s on Prior. Subsection 1123.600 (1) b. includes a property legal description for “Project Site A” of Lot 20, Green Heights First Addition. Lakers Holdings LLC is requesting an amendment to add Lot 19, Green Heights First Addition to the “Project Site A” property legal description. While reviewing the current code, additional language in Subsection 1123.600 (3) k. was concerning to the property owners and they requested an amendment to clarify the original intent of the ordinance. Subsection 1123.600 (3) k. identifies an approved dock configuration and permitted number of slips based on a previously approved DNR Commercial Mariana permit. Subsection 1123.600 (3) k. currently states, “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.” 2 The use of the word “public” was concerning to the property owners. The intent of the original language was to clarify that 60 slips were intended to be leased and 20 slips were intended to remain available for temporary customer use; however, the use of the word public may imply any member of the public is permitted to utilize the private dock spaces, regardless of whether they are a customer of Charlie’s on Prior. Lakers Holding LLC is requesting an amendment to Subsection 1123.600 (3) k. to strike the current language and replace with, “The dock layout and number of boat slips associated with the Transferred/Amended DNR Permit #1988-6299 dated April 5, 2007 shall not be modified or expanded without prior written approval from the DNR.” This amendment, if approved, would allow Charlie’s on Prior to ensure all boat slips shall be used by their renters and customers, allow Charlie’s on Prior to rent or dedicate slips for customer use as they chose, and eliminate the need for a future text amendment should Charlie’s on Prior and the MnDNR agree on a different dock configuration or adjust the number of permitted boat slips. Lakers Holdings LLC has a grading permit application under review by City staff to expand the parking lot onto a portion of Lot 19, Green Heights First Addition. City staff is recommending Subsection 1123.600 (3) a. be amended to include additional language referencing the current grading plans being reviewed as follows, The Project Site shall be developed in accordance to the Site Plan re- vised January 27, 2015, or as may be further amended and approved by the City, and hereby incorporated into this Ordinance. The Project Site shall be developed in accordance with the Site Plan revised January 27, 2015, and the 2024 Charlie’s on Prior Parking Addition plans dated March 11, 2024, and a grading permit which shall include a riparian buffer approved by the MN DNR, and as may be further amended and approved by the City and hereby incorporated into this Ordinance. Conclusion 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: In the case of amendments to the text of the Zoning Code: • There is a public need for the amendment, or • 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 • The adoption of the amendment is consistent with State and/or federal requirements. In city staff’s opinion, the proposed amendments will help accomplish several purposes of the Zoning Code, which include: ➢ Protect the residential, business, industrial and public areas of the community and maintain their stability. ➢ Provide for compatibility of different land uses by segregating, controlling and regulating unavoidable nuisance producing uses. ➢ Provide adequate off-street parking and loading facilities. ➢ Enhance the aesthetic character and appearance of the City. ➢ Provide effective administration of the Zoning Code and any future amendments to the Zoning Code. 3 ISSUES: ALTERNATIVES: ➢ Establish a continuing system of review of the Zoning Code to ensure it will be amended to meet the changing needs of the community. Staff is requesting the Planning Commission review the proposed City Code amendments, provide any comments, and make a recommendation to the City Council. 1. Motion and a second recommending the City Council approve the proposed amendments to Subsection 1123.600 as proposed, or as may be further amended by the Planning Commission. 2. Motion and a second recommending the City Council deny the proposed amendments to Subsection 1123.600. 3. Motion and a second to table this item to a future meeting date and provide direction to staff. RECOMMENDED MOTION: ATTACHMENTS: Alternative #1 1. Location Map 2. Subsection 1123.600 Proposed Amendments (redline) Excerpt From Subsection 1123, Nonconformities Subsection 1123.600, Expansion of a Nonconforming Restaurant Use Proposed Amendments 1123.600 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 this subsection 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 Lots 19 and all that part of Lot 20, Green Heights First Addition, according to the recorded plat thereof, lying easterly of the following described line: beginning at a point on the southerly line of said Lot 20, 50 feet easterly from the most southerly corner thereof; thence in a northwesterly direction through a point to the shore of Prior Lake and there terminating, said point being described as follows: Commencing at the most southerly corner of Lot 20; thence North 2848’20” West along the westerly line of Lot 20 a distance of 182.4feet; thence North 5605’40” East 63 feet to said point 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) Zoning District. 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) Zoning 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. e. An application was received by the City of Prior Lake from 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 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. The Project Site shall be developed in accordance with the Site Plan revised January 27, 2015, and the 2024 Charlie’s on Prior Parking Addition plans dated March 11, 2024, and a grading permit which shall include a riparian buffer approved by the MN DNR, and 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 Ordinary High Water Level 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. 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. 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. 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. j. Seating for the bar/restaurant shall be at a maximum capacity of 105 indoor and 180 outdoor. 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. The dock layout and number of boat slips associated with the Transferred/Amended DNR Permit #1988-6299 dated April 5, 2007 shall not be modified or expanded without prior written approval from the DNR. 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, allowing plantings to be off-site on neighboring properties, if necessary. 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 Gatherings 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. 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 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. n. A minimum of 10, designated off-street employee parking stalls shall be provided on the Project Site. o. All other City Code regulations not exclusively specified herein shall be followed.