HomeMy WebLinkAbout115-05 Shore club and Marina Expansion Ord
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 115-05
AN ORDINANCE AMENDING SECTION 1102, USE DISTRICT REGULATIONS,
OF THE PRIOR LAKE CITY CODE AS SUBSECTION 1102.1600,
EXPANSION OF A NONCONFORMING RESTAURANT USE
The City Council of the City of Prior Lake, Minnesota, does hereby ordain that the following Subsection is added to
Section 1102 of the City Code:
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
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.
h. The restaurant/bar operations shall be limited to the following hours: Monday-Thursday = 11:00
a.m to 11:00 p.m; Friday = 11:00 a.m. to 1:00 a.m.; 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 midnight Friday and Saturday.
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 16- 20 stalls with one parking row and
corresponding drive isle. 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 requirements of the City’s bufferyard Type C, allowing
plantings to be off-site on neighboring properties, if necessary.
l. No outdoor music of any kind shall be allowed past 10:00 p.m., Monday through Sunday.
m. No on-street parking is allowed for employees of the restaurant/bar.
2
n. All other City Code regulations not exclusively specified herein shall be followed.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 9th day of February, 2015.
ATTEST:
City Manager Mayor
Published in the Prior Lake American on the 14th day of February, 2015.
3
CITY OF PRIOR LAKE
ORDINANCE NO.115-05
AN ORDINANCE AMENDING
SECTION 1102,USE
DISTRICT REGULATIONS,
OF THE PRIOR LAKE CITY
CODE AS SUBSECTION
1102.1600,
EXPANSION OF A
NONCONFORMING
RESTAURANT USE
The City Council of the City
of Prior Lake, Minnesota, does
hereby ordain that the following Affidavit of Publication
Subsection is added to Section
1102 of the City Code:
1102.1600 Expansionof Southwest Newspapers
a Nonconforming Restaurant Use.
The purpose of this Subsection
is to permit the expansion of
a nonconforming restaurant State of Minnesota)
use on Upper Prior Lake upon )SS.
the conformance to certain
conditions and regulations as set
forth below. County of Scott )
(1) Findings. The City
Council finds that the City and
its residents will benefit by
establishing conditions for parcels Laurie A.Hartmann,being duly sworn,on oath says that she is the publisher or the authorized
ofex property of a conditions the agent of the publisher of the newspapers known as the Shakopee Valley News,Jordan Indepen-
use to the sitea nonconforming hfor hoo€ g
use to and neighborhood dent,Prior Lake American and Savage Pacer,and has full knowledge of the facts herein stated as
based on the conditions set forth follows:
in 1102.1600(3)based upon the
following findings: (A)These newspapers have complied with the requirements constituting qualification as a legal
a. Based upon Minnesota newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
Statutes 462.357, Subd. le, the amended.
City of Prior Lake is authorized
to permit an expansion or impose
upon nonconformities reasonable (B)The printed public notice that is attached to this Affidavit and identified as No.7
regulations to prevent and abate was published on the date or dates and in the newspaper stated in the attached Notice and said
nuisances and to protect the Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
public health,welfare or safety. the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
b.Property legally described inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
as Lot 20, Green Heights First and publication of the Notice:
Addition, Lying East of a Line
Commencing 50 feet East of abcdefghijklmnopgrsttzvwxyz
the South Corner Northwest
to a Point 63 Feet Northeast of
the Northwest Corner of Lot /
20, City-of Prior Lake, Scott / By:
County,Minnesota, Parcel IP Laurie A.Hartmann
251020220("Project Site A')has
a nonconforming use due to the
principal building's lake setback
and its first floor elevation in the. Subscribed and sworn before me on
floodplain.The lot is conforming
in the Shoreland District by
meeting zoning minimum lot
dimensional standards for the
Medium Density Residential(R. this 1' day of 2015
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, r (IL
�
Scott County,Minnesota,Parcel o a Pu.he
ID 251020060("Project Sites-B")is
a nonconformin in—the Lem
Density Re ential (R-1) Use
District ' 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 RATE INFORMATION
minimum
d.The Minnesota Department Lowest classified rate paid by commercial users for comparable space....$3 1.20 per column inch
of Natural Resources("DNR"),or Maximum rate allowed by law for the above matter $31.20 per column inch
April 5,2007,approved a transfer Rate actually charged for the above matter $12.59 per column inch
of an amended DNR Permit#1988
6299,authorizing a specific dock
layout for this Mooring Facility
with the restaurant known as
Captain Jack's.
e. An application was
received by the City of Prior Lake
from Water Street Restaurants
Group,LLC(the"Developer")tc
reconstruct.an existing matins
and associated restaurant or
Project Site A with additional off
street parking to be constructed
on Project Site B(both combined
as the"Project Site").
(2)Detinition.Nonconforming
or nonconformity means any the bar/
development,including'but not i, Seating
limited'to structures, signs,
site lighting, off-street parking„ restaurant shall ting for themaximum/
capacity of 105 indoor and 180
whit were land uses,or parcel. outdoor..,
which were legally constructs
j.The number of boat slips or established priOrin th vmtmber of boat
effective date of this Ordinance, associated hsshall not ed
or subsequent amendment to it, dock configurationTransferred'
expanded(per DNFt
be
which would not riotll permitted Amended public Water total Permit
mot
by or is in full compliance dated April 5.2007).
f
with the provisions of the City 80 boat slips in theirexisting Zoning Code.
(3) Authorization. ting configuration
oi agg alms are
of 60 for,
expansion of the existing um of 20 for
restaurant on Project Site A,and lease,and a mm
the construction of a parking lot Public The parking lot on Project
on uponthefo Site B is permitted Site$shall be designed for 16-20
the following conditions: row and
laThe- Project Site shall be stalls with one parking
e.This of
developed in accordance to the corresponding by
the uss.
ot
Site Plan revised January 27,2015, shall its auselPOYs vedby the owner
or as maybe further amended and p ranters associated
for boat slip operation.andfor
approved by the City,and hereby marhis events;m addition,spec•
ial
incorporated into this Ordinance. sped eve parking,
b.Project Site B shall always, events and overflo�a et only.i
be used in Conjunction with shall be allowed by
Project. Thees a Lighting for this parking lot shallli
c. restaurant minimumnibe limited to a cut-off,'bollard-,
shall be set. back a style at a maximum height of
of twenty-five(25)feet from the 42 inches. Buffering shall
elevation meet
l 'Ordinary High WaterrLake Level or exceed the`requirements of
. of Upper the City's bufferyard Type C,
d.The setbck restaurant minimumniallowing plantings to be off-site
of shall (10) back a on neighboring properties, if
of ten feet from the side, necessary.
property lines,and a minimum nec1,No outdoor music
t 10:00
of twenty-five(25)feet from the of anY
kind shall be allowed p
front property line. Monday through Sunday.
e.No deck area shall encroach p'mm No on street parking is,
upon the Ordinary High Water allowed for employees of the
f.The maximum impervious Level elevation Of 904 fmet:pervious restaurantlbar.n. All other City Code
`
surface for the Project Site shall regulations not exclusively
be seventy-five(75)percent. specifiedhereinshall befollowed.i
g.A minimum of 80 off-street This ordinance shall become
heProectSiteallbeprovidedon effective from and after its
the Project The r. passage and publication.
h. restaurant/bar passed by the City Council of',
operations shall be limited to the City of Prior Lake this 9th day!I
the following hours: Monday- of February,2015.
Thursday = 11:00 a.m to 11:00, ATTEST:
p.m;Friday= 11:00 a.m. to 1:00 City Manager
a.m.;Saturday=9:00 a.m.to 1:00
a.m.; and Sunday = 9:00 a.m to Mayor in the Prior Lake
11:00 p.m. Outdoor serving of American on Saturday,February
food and drinks shall stop no later 14 2015'No.7385
than 11:00 p.m. Sunday through