10-17-2002 Planning Commission Meeting

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STAFF REPORT Application: Ordinance revisions to Section 10 and Section 62 to allow restaurants and apartments in the Exempt Commercial zone. Applicant: City of Pequot Lakes Background Information: Despite that fact that there are restaurants currently in the Exempt Commercial zone and that those restaurants appear to be a desired use, they are not allowed in the Ordinance. The same goes for mixed-use accessory apartments—an apartment that is built in conjunction with a commercial development. It is not clear that mixed-use apartments are a desired use, but they are not a use that would typically be inconsistent with downtown, urban development patterns. Applicable Statutes: When examining a Ordinance revision request, the burden is higher than in most other land use applications. Our Ordinance dictates that a 4/5ths majority of the Council is required to revise the Ordinance, where a simple majority is needed in most other instances. The proposed Ordinance change would allow "Restaurants" as a permitted use under Section 60.020 and "Accessory Apartments" as a conditional use under Section 62.030. The proposed amendment would also add the following definition for"Restaurant"under Section 10.040: "Restaurant. An establishment where the principle business is the preparation, service and sale of food and beverages to be consumed by customers at tables or counters located within the building on the premises." Planning Commission Direction: The Commission can recommend to the Council that they approve this language in total. The Commission can modify the language and make a recommendation. The Commission may also table the changes and give direction to Staff as to how they would like this section of the Ordinance handled. Staff Recommendation: We are hoping to get to the point where monthly Ordinance amendments are no longer needed. Hopefully, by the end of the winter, we will be at that point. Until then, these minor modifications may be needed to keep us within the rules and operating on the level. The Commission should feel comfortable with these changes before they are recommended for approval. You Staff recommends that the changes be made as they are consistent with existing development patterns in the Exempt Commercial zone.