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HomeMy WebLinkAbout111-02 Amend 1102-1103 re C-2 districtCITY OF PRIOR LAKE ORDINANCE NO. 1 1 1 - 02 AN ORDINANCE AMENDING SECTION 1102.1103 OF THE PRIOR LAKE CITY CODE WHEREAS, The health, safety and welfare of City residents, businesses and the public is promoted and protected by sound land use regulations ; an d WHEREAS, The City Council finds that the purpose of the Zoning Ordinance is to provide compatibility between different land uses by segregating, controlling, and regulating uses and conditions on uses within zoning districts to mitigate, to the exten t feasible, the impact of various ; and WHEREAS, The City Council finds that the City ’s 2030 Vision and Strategic Plan is a document developed through the collaboration of Residents, Businesses, Civic Organizations, the School District, other Government al Entities, the Shakopee Mdewakanton Sioux Community, the City Council and City Staff that sets out 10 Areas of Strategic Emphasis (Vision Elements); and WHEREAS, The City Council finds the regulation of land uses to assure for the expansion and diversi ty of the business tax base, as well as removing obstacles to economic development are important goals as a part of the Economic Development Vision Element; and WHEREAS, T he Planning Commission conducted two public hearings on the proposed amendment to a llow restaurants in the C - 2 Z oning D istrict to sell alcohol with a Conditional Use Permit , subject to a valid liquor license issued by the C ity Council; and WHEREAS, The City Council conducted two work session s to consider allowing restaurants to serve al cohol with a Conditional Use Permit and the types of conditions to require in the CUP to protect adjacent residential uses; including but not limited to restricting hours when alcohol may be served ; and WHEREAS, The City Council finds all property to a certain degree is unique and the conditions provided for in proposed City Code Section 1102.1103 (5) a - e may require site specific conditions to mitigate, to the extent feasible, any conflict between the restaurant with alcohol use and a residential use; a nd WHEREAS, The City Council finds the Planning Commission conducts a public hearing on all applications for Conditional Use Permits and that based on the testimony it hears and reliable evidence in the record it may impose reasonable conditions , in addi tions to those set out in City Code Section 1102.1103 (5) a - e , to the approval of a Conditional Use Permit ; and WHEREAS, The City Council finds the Planning Commission, and the City Council in the case of an appeal, is in the best position to develop con ditions for individual applications for a Conditional Use Permit that reflect the relationship of the proposed restaurant with alcohol use to adjacent residentially zoned properties ; including any uni que property characteristics ; and WHEREAS, The City Co uncil finds that there are five areas within the City zoned C - 2 where a restaurant that serv es alcohol is presently not permitted because of the required 1 100 foot separation from a residentially zoned property and that without this amendment it will be dif ficult to identify locations where a restaurant that wants to serve alcohol can locate; and WHEREAS, The City Council finds that residents living in Prior Lake desire additional restaurant options; and WHEREAS, The City Council finds that individuals con sidering locating a restaurant business in Prior Lake require the ability for a restaurant to serve alcohol because the revenue from the sale of alcohol has a positive impact on the economic viability of the already difficult restaurant business; and WHER EAS, The City Council believes the potential impact of permitting a restaurant with liquor to locate in a C - 2 Zoning District can be mitigated by the ability of the Planning Commission, or the City Council in the case of an appeal, to impose site specific restrictions on the approval of a Conditional Use Permit. For the purposes of this provision, a property zoned C - 2 and a property zoned R - 1 that are intersected by a major collector or arterial roadway do not abut one another; and WHEREAS, The City Counc il desires to attract more restaurants to the C ity and at the same time balance the concerns voiced by property owners at the public hearings on th e consequences of t he proposed ordinance amendment; and WHEREAS, The amendment is consistent with federal a nd state laws, The City Council of the City of Pri or Lake does hereby ordain that Section 1102.1103 of the Prior Lake City Code is hereby amended to add the following language: S ection 1. The recitals set forth above are incorporated herein by referen ce. S ection 2. Section 1102.1103 is hereby amended as follows: Uses Permitted By Conditional Use Permit 1102.1103 . No structure or land in a "C - 2" General Business Use District shall be used for the following uses except by Conditional Use Perm it. These uses shall comply with the Commercial Performance Standards of Subsection 1102.1300, the requirements of all the general conditions provided in Subsections 1108.202 through 1108.204, with the specific conditions imposed in this Subsection and wi th any other conditions the Planning Commission , or City Council in the case of an appeal, may impose that are intended to promote and protect pedestrian safety, limit the impact of a business on neighboring residential properties, create a buffer between commercial and residential uses, and maintain the characteristics of a neighborhood. Restaurants and Clubs and Lodges with Liquor (5) . Conditions: a. Access to the use shall be from a roadway identified in the Comprehensive Plan as a collector st reet or otherwise located so that access can be provided without generating significantly increased commercial t raffic on local residential streets. b. A bufferyard, as determined by subsection 1107.2003, s hall be installed and 2 m aintained along any pro perty located adjacent to or abutting an “R” Use D istrict. c. Separate pedestrian ways shall be constructed to allow f or the separation of pedestrian and vehicular movements within the parking lot. d. All customer entrances to the use shall be located a minimum of 100 feet from any property located in an ”R” Use District . In the case of a multi - tenant building, the entrance will be measured from the collective entrance. In the case of a entrance with a vestibu le, the most exterior customer entrance door will be the point of measurement. e. If the building housing the use is located less than 100 feet from an R - 1 Use District, the following additional conditions shall be met: Liquor shall only b e served from the hours of 7 am to 10 pm on Sunday  through Thursday and from 7 am to 11pm on Friday, Saturday, and holidays. Garbage and refuse collection shall be limited to the hours of 7 am to  7pm Monday through Saturday and 9 am to 12 noon on Sunday, as specified in subsection 601.305. All customer entrances to the use shall be through a vestibule area with  an inside and outside door. A Bufferyard E shall be installed and maintained along the property  adjacent to the R - 1 Zoning District. If the R - 1 and C - 2 uses are separated by a major collector or arterial roadway, the Bufferyard E is not required. Additional screening material (example: additional quantity and increased size of coniferous trees), berming, and a solid fence or wall may be requir ed where additional screening is found necessary as part of the Conditional Use Permit. No outdoor amplified music, public address system, or outdoor special  event is permitted. Section 3. This ordinance shall become effective after its passage and pu blication. th Passed by the City Council of the City of Prior Lake this 7 day of February, 2011 . ATTEST: ___________________ __________________________ City Manager Mayor th Published in t he Prior Lake American on the 12 day of February, 201 1 . Drafted By: Prior Lake Community Development & Natural Resources Department 4646 Dakota Street SE Prior Lake, MN 55372 3