Loading...
ITEM 5.2 Boondox PUD/CUP0 OtSezoCI 1Y F MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Planning City Planner Licht 13 July 2015 PRESENTER(s): REVIEWED BY: ITEM #: City Planner Licht City Administrator Johnson 5.2 — Boondox PUD-CUP AGENDA ITEM DETAILS RECOMMENDATION: Citv staff recommends approval of an amended PUD-CUP for Boondox Bar and Grille. ARE YOU SEEKING APPROVAL OF A CONTRACT? (m BACKGROUND/JUSTIFICATION: IS A PUBLIC HEARING REQUIRED? Held by Planning Commission 6 July 2015. Boondox Bar and Grille, located at 9100 Park Avenue NE, is proposing an amendment of the PUD-CUP governing the use of the property that was approved by the City Council on 24 October 2011. The amendment includes allowing special event use of the secondary building located on the northwest corner of the subject site, construction of an outdoor bar within the existing patio area west of the principal building and use of the interior meeting room space. A public hearing to consider the request was noticed for 20 April 2015 and tabled at the applicant's request to the Planning Commission meeting on 6 July 2015 to allow them the opportunity to provide additional information. Dion and Dawn Grover, owners of the business, were present at the public hearing, as was property owner representative Ron Touchette. Mr. Grover requested that the Planning Commission consider allowing service at the outdoor bar until 10:30PM versus the 10:OOPM time limit recommended by City staff. Mr. Touchette detailed their architect's recommendation to install sound insulation panels outside the doorways to the patio to better deflect sound emanating from the building. Residential property owners north of the subject site objected to the application on the basis of existing noise complaints, failure to comply with the 10:OOPM time limit for outdoor volleyball and exterior lighting, outdoor music occurring on the property and traffic/parking issues. The commercial property owner to the west spoke of issues with trespass parking on their site from patrons at Boondox Bar and Grille. Written comments were also received by the Planning Commission opposing the request based on noise, failure to comply with allowed hours of operation, traffic and parking issues, including a list of Wright County Sheriff's Office calls to the business in response to such complaints. The Planning Commission discussed the on -going issues with the business related to compliance with the conditions of the existing PUD-CUP. The Planning Commission noted that the sound mitigation measures recommended by City staff would aid in mitigating the complaints being raised, but the business must comply with the limits on the hours of operation and must proactively address the complaint issues being raised of their own accord. To this end, the Planning Commission added a condition to their recommendation to include a quarterly report of complaints received at the business, which may be used by the Planning Commission to consider possible revocation of the PUD-CUP allowing the outdoor recreation use if the noise, lighting hours and traffic issues continue. The Planning Commission closed the public hearing and after discussion voted 4-2 to recommend City Council approval. The Planning Commission did not accept the applicant's request to allow the outdoor bar to provide serve until 10:30PM. Findings of Fact consistent with the recommendation of the Planning Commission are attached for review by the City Council. SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE A. Planning Report dated 2 July 2015 B. Draft Planning Commission minutes and information submitted C. Findings of Fact and Decision dated 7 July 2015 POSSIBLE MOTION Please word motion as you would like it to appear in the minutes. Motion to approve an amended PUD-CUP for Boondox Bar and Grille subject to the conditions outlined in the Findings of Fact and Decision dated 7 July 2015. BUDGET INFORMATION FUNDING: I BUDGETED: ❑ YES ❑ NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPC0mPiannin9Co.com PLANNING REPORT TO: Otsego Planning Commission FROM: Daniel Licht, AICP DATE: 2 July 2015 120-DAY DATE: 17 July 2015 RE: Otsego — Boondox Bar and Grille; PUD-CUP Amendment TPC FILE: 101.02 BACKGROUND Boondox Bar and Grille, located at 9100 Park Avenue NE, is proposing an amendment of the PUD-CUP governing the use of the property that was approved by the City Council on 24 October 2011. The amendment includes allowing special event use of the secondary building located on the northwest corner of the subject site, construction of an outdoor bar within the existing patio area west of the principal building and use of the interior meeting room space. A public hearing to consider the request has been tabled at the applicant's request to the Planning Commission meeting on 6 July 2015 at 7:00 p.m. to allow them the opportunity to provide additional information. Exhibits: A. Site Location B. Back Building Occupancy Study C. Outdoor Bar Addition (5 sheets) D Principal Building Floor Plan E. Restriping Site Plan ANALYSIS Zoning. The subject site is zoned PUD, Planned Unit Development District in accordance with the Ordinance adopted by the City Council on 26 September 2005 for the commercial lots within Mississippi Shores. The uses allowed within the PUD District are the same as those allowed in the B-3, General Business District. Restaurants are a permitted use within the PUD District. Boondox Bar and Grille is also subject to a PUD-CUP related to multiple principal buildings and outdoor recreational use within the property approved by the City Council on 24 October 2011. Section 20-3-2.F of the Zoning Ordinance establishes that evaluation of the application is to be based upon (but not limited to) the following criteria: 1. The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Comment: The existing developed site is within the planned commercial area centered at TH 101 and CSAH 39. This area is described by the Comprehensive Plan as the City's primary commercial center to promote development of retail, service and office type uses. The use of the property as a restaurant and outdoor recreation business is consistent with these plans and promotes the City's economic development goals. The Comprehensive Plan also states that low density residential neighborhoods are to be protected from encroachment or intrusion of incompatible uses by adequate buffering and/or separation, which must be addressed as part of the site plan and conditions applicable to the subject site. The proposed use's compatibility with present and future land uses of the area. Comment: The subject site is surrounded by the following existing and planned land uses shown in the table below. The primary concern for compatibility between the subject site and adjacent properties is with the existing single family neighborhood to the north. The current use of the property as an outdoor commercial recreation use has presented issues in the form of complaints received by the City and Wright County Sheriff's regarding hours, noise, exterior lighting and parking on residential streets. Direction Land Use Plan Zoning Map Existing Use North LD Residential R-3 District Single Family East Commercial PUD District Convenience Gas Medical Office South Commercial PUD District Retail/Service building West Commercial PUD District Off -Sale Liquor Multi -tenant building 2 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Comment: The subject site will be required to comply with applicable performance standards of the Zoning Ordinance and City Code and any conditions of the PUD-CUP. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Comment: The property is accessed by public streets that have been upgraded to accommodate traffic generated by commercial uses in the area, including the subject site. Evaluation of the adequacy of off-street parking available within the subject site must also be considered so as to minimize on -street parking within adjacent residential areas. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Comment: The subject site is adequately served by City infrastructure. Compatibility issues related to the outdoor recreational use and adjacent residential areas has required additional City resources to respond to complaints and address these issues with the applicant that have not been typical of other businesses within the City. Amendment. The applicant is requesting an amendment of the PUD-CUP governing the subject site to allow for the following improvements: The existing PUD-CUP limits use of the secondary building at the northwest corner of the subject site to office use unless amended so as to provide for a review of the adequacy of off-street parking within the subject site. The applicant is proposing to use the northwest building for special events with a seating capacity of 80 people. The applicant is further proposing that use of the northwest building would be limited so as not to be occupied when there is adult volleyball league play scheduled (currently Tuesday, Wednesday, Thursday and Sunday evenings from the last week of April to the second week in October) when peak demand for off-street parking occurs. The applicant is proposing to add an outdoor bar and roof section over the patio at the southwest corner of the principal building to improve service to outdoor tables and to better compete with local and area bars, which they believe is necessary for their long term success. The applicant states that they outdoor bar would typically close around 10:30 to 11:00 during our volleyball nights and on the weekends it wouldn't be open much past 11:00 as it's not cost efficient to have it open too late. The existing PUD-CUP limits use of an area of the building that was added in 2002 to dry storage unless approved for occupancy. This space has been finished and used for 285 square feet meeting room space in conflict with the conditions of the existing PUD-CUP. As part of the current application, the applicant is requesting that use of the finished space be allowed as a meeting room. Off -Street Parking. The existing PUD-CUP established that any intensification in use of the property, including specifically use of the northwest building other than for an office use, was to be subject to evaluation of adequate parking within the subject site. Based on the current plans that have been submitted, City staff has calculated the following requirements for off- street parking for the uses occurring on the subject site: Use Ratio Required Stalls Principal Building: 1,664sf. seating 1 space / 40sf. of dining area plus 42 913sf. kitchen/bar 1 space / 80sf. of kitchen area 12 Northwest Building: 1,200sf. seating 1 space / 40sf. of dining area 30 Commercial Recreation 10 +12 spaces per court 70 5 volleyball courts Outdoor Patio Past practice has been not to require additional parking for restaurant outdoor seating areas. Total Stalls Required 154 The applicant has provided a site plan showing restriping of the parking area to locate additional stalls south of the building on the former drive through lane and in the center island that was previously a drive aisle for access to the drive through lane. The total number of parking stalls is shown as 113 stalls. The applicant has also reached agreement with Riverview Liqourette to allow parking of up to 10 employee vehicles on that property and must provide written documentation of this agreement. The number of stalls required for the restaurant and outdoor recreation use is 124 stalls, which is 1 stall more than are available on the subject site. The use of the northwest building for special events when there is no adult volleyball league play would be 84 stalls, which is within the available supply of off-street parking stalls. There is also to be a cross parking and access easement in place between the subject site and property to the south, which was initially established with the 2002 expansion of the principal building on the subject site and then reestablished with the development of the property to the south. The status of the cross parking easement is in question as both the subject site and property to the south went through foreclosure proceedings. With another restaurant occupying a portion of the building to the south, peak parking demand on both sites is occurring at the same time, especially in the summer, making the issue of a cross parking easement moot and causing patron vehicles to be parked on residential streets to the northwest of the subject site and other commercial properties. Hours. The existing PUD-CUP included conditions requiring the outdoor recreation and use of exterior lighting for outdoor recreation to cease between the hours of 10:OOPM and 7:OOAM each day. The City has received complaints regarding the outdoor recreation use continuing 4 past 10:OOPM, including the use of exterior lighting for the volleyball court. The condition limiting the hours of operation was specifically matched to the noise ordinance provisions in Section5-8-8 of the City Code to maintain compatibility with adjacent land uses. City staff recommends this condition be maintained and that it would be necessary to strictly enforce this provision. Noise. The allowed hours for the outdoor recreation was intended to address potential noise issues generated at the subject site and use of an outdoor audio system is not allowed as a condition of the existing PUD-CUP. The City also required installation of tall -growing evergreen shrubs along the north property line to aid in buffering the site activity, but the plants have not matured and filled in to form an effective screen. Noise is the most common complaint received regarding the use of the property both from the outdoor recreation (particularly whistles) and music. City staff investigated the noise issue and found that other than the outdoor recreation, the primary source of noise was from sound escaping from the principal building, usually when one of the patio doors was opened. The proposed roof over a larger section of the patio may help to contain sound within the subject site. However, to address the existing noise issue, City staff recommends the following requirements be imposed as part of the current application: ■ Construction of a solid wood fence a minimum of eight feet tall along the north property line outside of the existing shrub row from the northwest building to the east line of the principal building. ■ Construction of enclosed vestibules at the exterior doorways between the principal building and patio area. ■ Allowed hours for the outdoor bar service area be limited to 7:OOAM to 10:OOPM. RECOMMENDATION Our office recommends approval of an amended PUD-CUP for Boondox Bar and Grille as outlined below. POSSIBLE MOTIONS A. Motion to approve a PUD-CUP amendment for Boondox Bar and Grille, subject to the following conditions: The PUD-CUP approved by the City Council on 24 October 2011 shall remain in full force and effect unless specifically modified herein and specifically the following: a. There shall be no outdoor recreational activities between the hours of 10:OOPM and 7:OOAM each day. Exterior lighting of the outdoor recreation areas on the subject site shall be turned off between the hours of 10:OOPM and 7:OOAM each day. Use of an exterior audio public address or music system shall not be allowed upon the property related to the exterior seating or outdoor recreation uses. The applicant shall provide documentation of a written agreement to utilize ten (10) off-street parking stalls upon the Riverview Liqourette property, subject to review and approval of City staff. 3. The applicant shall submit documentation of a written agreement with the abutting property owner to the south regarding restriping the existing parking lot to locate additional off-street parking stalls in the former drive through lane and drive aisle, subject to review and approval of City staff. 4. The northwest building shall not be utilized for special events/restaurant seating at any time that outdoor recreation involving adult volleyball league plan is scheduled. 5. The outdoor bar shall not be used for serving between the hours of 10:OOPM and 7:OOAM each day. 6. The applicant shall construct of a solid wood fence a minimum of eight feet tall along the north property line outside of the existing shrub row from the northwest building to the east line of the principal building within one (1) year from the date of approval unless extended by the City Council, subject to review and approval of City staff. 7. The applicant shall construct enclosed vestibules at the exterior doorways between the principal building and patio area within one (1) year from the date of approval unless extended by the City Council, subject to review and approval of City staff. B. Motion to deny the application based on a finding that the request is inconsistent with the policies of the Comprehensive Plan, requirements of the Zoning Ordinance and that the proposed use is incompatible with surrounding residential land uses and has potential to overburden City service capacity in terms of on -street parking and City staff resources. C. Motion to table for more information. 0 C. Lori Johnson, City Administrator Tami Loff, City Clerk Ron Wagner, City Engineer Andy MacArthur, City Attorney Dion and Dawn Grover, applicant Ron Touchette, property owner representative a -vim A� PNO �r lw r1c 4Ny. 1 yW G O wo wa z� v) \\ N a~ U o It z m�yw OJ� lr Wo II ¢0 II m I d 0 z w Q 0 O � _QaNO%oa �ZoENTW6j0to ®_ N w v N oP m wg 0 0 <02 LL CUB N W m . maw O in 'c F F cl LL¢¢ LLa LU 4 � QQ' S (p C7 d W Soa99ac93wgY 19 5S d Ra6�'s8�38:5 9� oY i w cz _O u= a- S g a€ O O ! $ $ Ccz MM X O J o p f _ J �m0 IL sz!,F �:�: a O HIS ��i = F S_ gg s33EE -�-��€erg_ INN y�� 1092 �s �.,,�wms �• R .9 !,411 � f5i$ fai` INN 7oaoe �2[t?� €€f11 j E�^ twmvr/70 ..I.Mg aa$`as°s xHlh- E9-aFI KN �1. ..AAhEla9at —. E' HOHM aa$hkglgh m__ -fiff _ Ahl U) ep i 0 C? a $ 2 (rco 4 ..§°..s:5s35? eea�as€ �3e e9$9€��§€c€ oSos3aaao : s' ( y m )A1, f i} N a I Y k Q J o -� � w I =T Q SN V,10Oze� j U) W � q� gj. 8 Z1_� g 9 m� Lu g o 3 ✓� � O 2 R6u s-sou fm w n o f and H; A Z la a l m �� I z s aisy a O s iiii 5 F fa �Y=f LLI$ d'f IIII j >- II.II is < pia $� 3 `a a a a a IIII J Uu J w IIII Z UII O a IIII � IIII O W 0 �2 3 e N c Hill sc i z Z O O a t o a I �g I I �F I i I I I I I I I � I ' I I 1 i I � I ' I I I z I I I 6. � I � Z Eb � J a u I 0 OR) v n �OZme°c Q/y n �, I eiG Ja'�c�I'i I gig,a CC Z zLF tz .' ! , i Y' i € � uyeY b yra ', --a O / W 1 ids --i 2 inge =w.iE 1s P Veaa I' o W W "aO�x 3l 00;I $O�SS% 4�?g"€iF I r Wz(n 4 LL; CCn_ z C F c i y i�•:7YY � w �. �:_ OFF o. o_/& aX Ja' �U zx —E mp(7 Wm n' Ed � � LL ; &Q 1OA Q� I I ¢¢§day- •I R I FS g.0 J €a35 IL U 9gsi� csozzosas �n� rse6lsscsc :xve zS56'19Stst'S+3mm Z+� M Mw r� �"' - s31nfflMS ONV SOINIMOSI 'Wewmd SNvld aool! Z. „US30 3J6S 0£f95 NW'o8asry0 UN filed 0016 Q11RD 791128 xopuoog a,.6� r i C utxaaut ug g y g It 9l� � OWN Ira fil'a gEg �gg �a b� g36 014 4KR q Rl�^�Fmp ��� :.p. � d€ A€fig9's gis b gg� qr sip yit I, Iggpa@ltt@ _ 9TL Y Fi v e v e a d gxxg $t'I®3e., Ng 5�£ a_ _Y i yE6 9,bg R8 G } pp 66 33 Yi g s d6 N t � Rig 1 Nil N a3 _ 9_1 ur-- - a 1-/ rrj a 1 z 0 -o a $le I I� � Vx 2 61c c ! 4 ■�- CD �NQ710119> ID Hill c � Up'z w r m al ff I$ c� a -- i x i a K- 0 N N b .c G � rn 3 tf Ci S a I ° 0. I Ir b b Y Y Y (I I! ( t ` i i I t ( ( i i I t • J a w c7 z D- W61 r ` ^I6 "' 1i' 10. ,D1 OTSEGO PLANNING COMMISSION MEETING OTSEGO PRAIRIE CENTER JULY 6, 2015 7:00 PM Call to Order. Chair Black called the meeting to order at 7:00 PM. Roll Call: Chair Pam Black; Commissioners: David Thompson, Aaron Stritesky, Jim Kolles, Steve Schuck and Richard Nichols. Absent: Commissioner Roger Mord. City Council: Mayor Jessica Stockamp. Staff: Daniel Licht, City Planner and Tami Loff, City Clerk. 1. Consider the following minutes: 1.1 June 15, 2015 Planning Commission Meeting. Commissioner Schuck motioned to approve as written. Seconded by Commissioner Kolles. All in Favor. Motion carried. 2. Public Hearing items: 2.1 Tires Plus: A. Amendment of the PUD District and Great River Centre of Otsego site design guidelines regulating freestanding signs. City Planner presented the Planning Report. Applicant present and agrees with the staff report. City Clerk Loff attested that all the proper noticing, posting and publishing has been completed. Chair Black opened the Public Hearing at 7:05 PM. Commissioner Stritesky questioned if the signs black steel pole ties in with the original concept plan of the development. City Planner Licht said the other signs allowed by the PUD district are monument signs with a stone base. The applicant stated that they designed the sign similar to the Bank of Elk Rivers sign. City Planner Licht said the Bank of Elk Rivers sign is outside the PUD. The applicant stated his main concern is to have a sign visible from the CSAH 39/CSAH 42 intersection. Chair Black closed the Public Hearing at 7:11 PM. Commissioner Thompson motioned to approve an amendment of the Great River Centre PUD District for Lot 1, Block 1, Great River Centre 2"d Addition subject to the three conditions listed in the Planning Report. Seconded by Commissioner Schuck. All in favor. Motion carried. 2.2 Boondox Bar and Grille: (Tabled from April 20, 2015) A. Amendment of the Planned Unit Development- Conditional Use Permit approved October 24, 2011 to allow restaurant/bar occupancy of the former clubhouse building for other than an office and the 2002 expansion area and other site/building plan changes. City Planner presented the Planning Report. Applicants Dion and Dawn Grover were present. Mr. Grover asked for a 10:30 PM closing time of outdoor bar not 10:00 PM as specified in condition #5. He agrees with the rest of the report. City Clerk Loff attested that all the proper noticing, posting and publishing has been completed. The City received written comments that have been provided to the Commissioners in their packet prior to the meeting. Chair Black opened the Public Hearing at 7:24 PM. Mike Brown, 9124 Parkington Circle NE, said he doesn't agree with the 10:30 PM outdoor bar closing time. He stated he has a problem with the existing noise, lights and traffic and hours and that this proposal is even closer to his property. Mr. Brown recommends closing off the north end parking lot/driveway across from his house and having them exit the parking lot south by County Road 39. Ron Touchette, representing the property owner, said an architect recommended installation of sound walls rather than vestibules at the exterior doorways to better direct sound coming out of the building. He also addressed the parking stating he has spoken to adjoining neighbor and they agree with parking stall changes. Commissioner Nichols said there are comments in the report and comments from the public on maintaining hours what leverage we have on this issue. City Planner Licht said the Wright County Sheriff would enforce and stated we also have the ability to issue a citation. He stated per City Code under the liquor license for the property; employees have one hour after sales to be off the property. Commissioner Thompson asked if the proposed fence is outside of trees. City Planner Licht said yes. There was discussion on if the eight foot wall would be sufficient. City Planner Licht said it would screen without interfering with traffic on Park Avenue. Commissioner Schuck asked if there have been noise complaints from the west. City Planner Licht said majority is from the northwest, but noted that the City has had comments about the noise from property owners to the west. Commissioner Stritesky asked if there was room to put the fence inside the existing trees. He said he is fearful of it becoming an eye sore. City Planner Licht said not with the location of the existing plantings and proximity of the volleyball court. Chair Black questioned if there is outdoor bands. City Planner Licht said they are allowed one special use permit a year for an outdoor event and they are required to notify the neighboring properties. III Kathy Brown, 9124 Parkington Circle NE, said her house is directly across and the noise and lights are tremendous and that they have to run the AC during the summer to block the noise. She stated concern with her property value. Ms. Brown said that they do have live music outside on Wednesday or Thursday night. She also stated her concern with parking. Applicant Dion and Dawn Grover stated they don't have outdoor music. Commissioner Nichols said we are not talking on increasing use. City Planner explained the building will not be used for special events anytime adult volleyball is scheduled. Commissioner Thompson asked what type of use is proposed for this building. Ms. Grover stated small banquets, business meetings, etc. Commissioner Stritesky questioned the applicant if the outdoor bar will increase spectators during volleyball. Mr. Grover said no the intention is to better serve the existing volleyball players with less wait time. Dr. David Gilgenbach, AmVet, 15670 96th Street, said pictures were provided previously of parking within his facility. He said Boondox customers are parking on the access to his property and it's not safe. Dr. Gilgenbach said attorney has directed him to not have an agreement with Boondox and to not allow parking. He stated his main concern is the parking issue. Chair Black closed the Public Hearing at 7:49 PM. Commissioner Nichols said regarding the AmVet parking issue what is the City able to do. City Planner Licht said the applicant is proposing seventeen more parking stalls plus ten parking stalls for employees at Riverview Liquor. He also said the AmVet property owner can install no parking signs on their property and have vehicles towed as this is a trespassing issue between two property owners. Chair Black questioned the space inside and existing use. City Planner Licht said that is part of the approval is to allow that use. Commissioner Schuck said in conditions #6 and #7 it allows a year to construct. City Planner Licht said that is a condition within the Zoning Ordinance. Commissioner Schuck said his preference is construction of the fence and sound panels before use of the northwest building is allowed. Commissioner Schuck said he would request the language in conditions #6 and #7 be changed. City Planner Licht suggested wording stating "prior to the issuance of a certificate of occupancy." Mr. Grover agreed. Commissioner Stritesky asked if there is a way to check in on complaints on the property and then have the Planning Commission review to see if the CUP needs to be 3 evaluated. City Planner Licht said the Planning Commission can add condition #8 stating the Commissioners shall receive quarterly updated regarding the property complaints for two years from the date a certificate of occupancy is issued and use that information to see if the issues on the property have been addressed or if revocation of the CUP needs to be considered. City Planner Licht reminded the Commissioners that the applicant requested change to condition #5 to state 10:30 PM instead of 10:00 PM. Commissioner Stritesky said he sees no need to change to 10:30 PM. Commissioner Thompson disagreed and said he agreed with 10:30 PM to give time for the volleyball players last round after their game. Commissioner Stritesky said the volleyball players could go inside. He said if an additional half hour is the need then he would rather see it shut down at 9:30 PM and close at 10:00 PM than to add on another half hour. Commissioner Thompson questioned Mr. Brown's suggestion of closing off the driveway to the north. City Planner Licht said that Mr. Brown was referring to the west parking lot, which does not have another access to a public street. Commissioner Stritesky motioned to approve a PUD-CUP amendment for Boondox Bar and Grille subject to the eight amended conditions; 1. The PUD-CUP approved by the City Council on 24 October 2011 shall remain in full force and effect unless specifically modified herein and specifically the following: a. There shall be no outdoor recreational activities between the hours of 10:OOPM and 7:OOAM each day. b. Exterior lighting of the outdoor recreation areas on the subject site shall be turned off between the hours of 10:OOPM and 7:OOAM each day. C. Use of an exterior audio public address or music system shall not be allowed upon the property related to the exterior seating or outdoor recreation uses. 2. The applicant shall provide documentation of a written agreement to utilize ten (10) off-street parking stalls upon the Riverview Liquorette property, subject to review and approval of City staff. 3. The applicant shall submit documentation of a written agreement with the abutting property owner to the south regarding restriping the existing parking lot to locate additional off-street parking stalls in the 4 former drive through lane and drive aisle, subject to review and approval of City staff. 4. The northwest building shall not be utilized for special events/restaurant seating at any time that outdoor recreation involving adult volleyball league plan is scheduled. S. The outdoor bar shall not be used for serving between the hours of 10:OOPM and 7:OOAM each day. 6. The applicant shall construct of a solid wood fence a minimum of eight feet tall along the north property line outside of the existing shrub row from the northwest building to the east line of the principal building prior to issuance of a Certificate of Occupancy for the northwest building, subject to review and approval of City staff. 7. The applicant shall construct sound absorbing panels at the exterior doorways between the principal building and patio area prior to issuance of a Certificate of Occupancy for the northwest building, subject to review and approval of City staff. 8. The Planning Commission shall receive quarterly updates regarding complaints about use of the property for two (2) years from the date a Certificate of Occupancy is issued for the northwest building to consider the need for possible action to revoke the conditional use permit under Section 20-4-6 of the Zoning Ordinance. Seconded by Commissioner Schuck. Motion carried 4-2. Commissioner Thompson opposed due to the 10 PM closing and Commissioner Kolles opposed due to the parking issues. 3. Update on City Council actions. Mayor Stockamp updated the Commissioners on City Council actions. 4 date on future Planning Commission Agenda items. Next meeting July 20, 2015 at 7 PM. 5. Adjourn. Commissioner Stritesky motioned to adjourn. Seconded by Commissioner Thompson. All in favor. Motion carried. Adjourned at 8:08 PM. Pam Black, Chair ATTEST: Tami Loff, City Clerk D. DANIEL LICHT From: AI and De Sent: Thursday, April 09, 2015 3:00 PM To: 'Tami Loff Cc: 'D. DANIEL LICHT'; 'Vern Heidner' Subject: Boondox hearing Attachments: Boondox incident report.pdf Dear Otsego Planning Commission Members, Please accept this letter of opposition to the expansion of Boondox bar service as we are not able to be present to voice our concerns. Before this bar opened, we called the city and were assured the existing 10 p.m. noise curtailment would be fully enforced by the sheriff's office. Since then, they have ignored the Planning Commission's denial of outdoor speakers. Live inside amplified music permeates the walls of the bar with bands that play until 1:30 am. Doors continually open, sending noise through the neighborhood, in addition to yelling at the fire pits and outdoor patio. (Verified onsite by Dan Licht, city staff). Many of our neighbors have told us the noise disturbs them as well. We've been in touch with Councilman Vern Heidner for several years about problem, and he assures us that things will improve this year. This would be impossible with the expansion of bar service closer to our homes. Attached: Wright County Sheriff's Office incident report for Boondox Bar. Sincerely, AI and Debbie Yauk 9127 Parkington Circle Otsego, MN << ... >> Wright County Sheriffs Office -_ 3800 Rrgq0,94A4e. NE Buffalo, MN 55313 (763) 682-1162 Incident Date Dispatched BETWEEN 01/01/2012 And 04/01/2015 And Scene House Number=9100 And Scene Street=Park Ave NE Location Report Printed On: Wed, Apr 01, 2015 Address: Location: Place Committed.- 9100 PARK AVE NE, OTSEGO (; Near: Godfathers Pizza) Street. PARK AVE NE Nb. Low.' 9100 Suffix: M. Nigh: Unit Nbr/Type: City.- OTSEGO State: Zip Code: Intersection: _ Date Reported Case Number _ Offense Code Literal 04/16/2012 2012010966 9920 Alarm 05/02/2012 2012012789 9720 Check on Welfare 05/14/2012 2012014143 9920 Alarm 05/29/2012 2012016988 9920 Alarm 06/02/2012 2012016484 9800 Public Peace 06/11/2012 2012017641 9920 Alarm 06/20/2012 2012018724 9920 Alarm 07/04/2012 2012020496 9651 Liquor Violation 07/16/2012 2012022001 9920 Alarm 07/26/2012 2012023287 9800 Public Peace 08/05/2012 2012024427 91600 Disturbing the Peace 08/16/2012 2012025694 9920 Alarm 08/29/2012 2012027267 9800 Public Peace 08/31/2012 2012027383 9922 Suspicious Vehicle 08/31/2012 2012027503 9919 Juvenile Comp 09/15/2012 2012029194 9807 Traffic/Parking 09/24/2012 2012030107 9920 Alarm 09/25/2012 2012030271 9800 Public Peace 10/05/2012 2012031331 9920 Alarm 10/25/2012 2012033482 9920 Alarm 11/12/2012 2012035370 9920 Alarm 11/22/2012 2012036430 9920 Alarm 04/14/2013 2013010038 9835 Animal Complaint (Other) 04/19/2013 2013010564 9172 Vehicle in Ditch 05/10/2013 2013012964 9800 Public Peace 06/16/2013 2013017163 9807 Traffic/Parking 06/29/2013 2013018916 90900 Assault - Simple 08/01/2013 2013022743 9651 Liquor Violation 08/08/2013 2013023557 9800 Public Peace Licensed to Wright County Sheriffs Office Page 1 of 10 9 Wright County Sheriffs Office Location Report Printed On: Wed, Apr 01, 2015 08/09/2013 2013023654 9945 Miscellaneous Information 08/15/2013 2013024350 9800 Public Peace 08/29/2013 2013025986 9800 Public Peace 09/07/2013 2013026948 9800 Public Peace 09/13/2013 2013027639 9800 Public Peace 09/17/2013 2013028161 9950 Civil 09/28/2013 2013029330 9302 Lost Animal 09/28/2013 2013029406 9720 Check on Welfare 09/29/2013 2013029434 9730 Medical 10/27/2013 2013032426 9651 Liquor Violation 11/1012013 2013033912 9651 Liquor Violation 12/22/2013 2013038146 9651 Liquor Violation 12/30/2013 2013038858 9651 Liquor Violation 12/30/2013 2013038858 9936 WAR: Other Dept 02/21/2014 2014005150 9920 Alarm 04/13/2014 2014010271 91600 Disturbing the Peace 04/16/2014 2014010649 9651 Liquor Violation 04/24/2014 2014011618 9800 Public Peace 06/29/2014 2014019227 9651 Liquor Violation 08/02/2014 2014023628 U349L THEFT -MS -BICYCLE NON-MOTORIZED-500 DLRS OR LES 08/10/2014 2014024492 9800 Public Peace 08/16/2014 2014025223 9171 Fight 09/06/2014 2014027727 9651 Liquor Violation 10/01/2014 2014030512 9930 Aid to Other Department 11/27/2014 2014036509 9920 Alarm Total: 54 Address: Location. placeCommitted. 9100 PARK AVE NE, OTSEGO( PARKINGTON CIR NE 1 PARRISH AVE NE; Near: Boondox Bar & Grille) Street: Park Ave NE Nb. Low.' 9100 Su#jx• Nb. High: Unit Nbr/1'ype: City, OTSEGO State: Zip Code: Intersection: ------------------------------------------ Date Reported ^Case Number Offense Code _ Literal 11/27/2014 2014036532 9920 Alarm Total: 1 Address: Location: place Committed.- 9100 PARK AVE NE, OTSEGO (PARKINGTON CIR NE \ PARRISH AVE NE; Near: Boondox Bar & Grille) Street.' PARK AVE NE Nb. Low.- 9100 Suffx.• Nb. Nigh: Unit Nbrffype.- City.• OTSEGO Stale: Zip Code: Intersection: m Data Reported Case Number Offense Code Literal 11/28/2014 2014036597 9920 Alain 11/29/2014 2014036688 9920 Alarm 12/06/2014 2014037360 9807 Traffic/Parking 01/17/2015 2015001492 9171 Fight Licensed to Wright County Sheriffs Office Page 2 of 10 Wright County Sheriffs Office Location Report Printed On: Wed, Apr 01, 2015 02/14/2015 2015004259 9930 Aid to Other Department 03/15/2016 2015006962 9651 Liquor Violation Total. 6 Address: Location: Place Committed- @Boondox Bar & Grille, OTSEGO (9100 PARK AVE NE) Street; PARK AVE NE Nb, Low 9100 Suffix., Nb. High. Unit NbnType., City: OTSEGO State., MN Zip Code: Intersection: Date Reported uCase Number Offense Code _ _ Literal 12/14/2013 2013037303 9654 Unfounded Theft Total: 1 Address: Location: Place Committed, 9100 PARK AVE NE, OTSEGO (PARKINGTON CIR NE I PARRISH AVE NE; Near: Boondox Bar & Grille) Street Park Ave NE Nb. Low., 9100 Suffer Nb. High: Unit Nbr/Type: City., Otsego State: MN Zip Code: Intersection: Date Reported Case Number Offense Code _ _ Literal 01/29/2014 2014002847 N3030 DISTURB PEACE -MS -DISORDERLY CONDUCT Total: 1 Address: Location: Place Committed- @Boondox Bar & Grille, OTSEGO (9100 PARK AVE NE) Street: Park Ave NE Nb. Low,' 9100 Suffix, Nb. High.' Unit Nbr/Type. City.- Otsego State: MN Zip Code.• 56220 Intersection: Date Reported Case Number Offense Code Literal 02/23/2013 2013005188 N3030 DISTURB PEACE -MS -DISORDERLY CONDUCT 02/23/2013 2013005188 P3130 PROP DAMAGE-MS-BUSINESS-UNK INTENT Total• 2 Address: Location: Place Committed: @Godfathers Pizza, OTSEGO (9100 PARK AVE NE) Street PARK AVE NE Nb. Low.- 9100 Suffix., Nb. High: Unit Nbr/Type. — _ City: OTSEGO _ _ _ _ _ _ _ _ _ _ ^ _ _State._ MN ^ `Zip Code y — - — _ Intersection y _- _ V _ `- e - - _ - - - - _. _ - _ - _ . Date Reported Case Number Offense Code Literal 02/22/2012 2012005246 9751 Juvenile Placement 02/22/2012 2012005246 9935 WAR: Wright Cc Total: 2 Address: Location: Place Committed.- @Godfathers Pizza, OTSEGO (9100 PARK AVE NE) Street, Park Ave NE Nb. Low 9100 Suffix.- Nb. High: Unit Nbr/Type: City:Otsego State: MN Zip Code:55330 Intersection: r_ _ _ e Date Reported Case Number Offense Code — Literal 03/11/2012 2012007001 9921 Suspicious Person 04/01/2012 2012009339 M4140 LIQUOR -UNDERAGE CONSUMPTION 18-21 Licensed to Wright County Sheriffs Office page 3 of 10 Wright County Sheriff's Office Location Report Printed On: Wed, Apr 01, 2015 04/03/2012 2012009642 9211 No Minnesota DL 04/03/2012 2012009642 7FW01 TRAF-AC-GM-3RD DEG DWI-08 OR MORE -MV 04/12/2012 2012010616 9730 Medical 06/03/2012 2012016741 9800 Public Peace 06/07/2012 2012017273 9800 Public Peace 07/03/2012 2012020344 9920 Alarm 08/31/2012 2012027604 P311L PROP DAM-MS-PRPDMG-PRIVATE-REDUCE VAL 500 LESS Total: 9 Address: Location: Place Committed., 9100 PARK AVE NE. OTSEGO (PARKINGTON CIR NE / PARRISH AVE NE; Near: Boondox Bar & Grille) Street: PARK AVE NE Nb. Low 9100 Sufx Nb. High: Unit Nbdrype: City. OTSEGO State: MN Zip Code. 55330 Intersection: _ Dale Reported Case Number Offense Code Literal 10/04/2012 2012031198 9920 Alarm 10/05/2012 2012031317 9920 Alarm Total: 2 Address: Location. placeCommitted, 9100 PARK AVE NE, OTSEGO (PARKINGTON CIR NE /PARRISH AVE NE; Near: Boondox Bar & Grille) Street: Park Ave NE Nb. Low 9100 Suffix., Nb. High. Unit Nbr/rype: City., Otsego State., MN Zip Code., 55330 Intersection: ^ Date Reported Case Number Offense Code Literal 10/11/2012 2012031900 9920 Alarm 11/22/2012 2012036394 9200 Viol of Court Order 12/31/2012 2012040346 9950 Civil 03/03/2013 2013005916 9171 Fight 03109/2013 2013006462 9171 Fight 03/18/2013 2013007386 9950 Civil 03/30/2013 2013008546 9800 Public Peace 04/05/2013 2013009139 9402 MV-MV Total: 8 Address: Location: Place Committed., 9100 PARK AVE NE, OTSEGO ( PARKINGTON CIR NE / PARRISH AVE NE; Near. Boondox Bar & Grille) Street PARK AVE NE Nb. Low.' 9100 Suffix: Nb. Nigh: Unit Nbr/Type: City: OTSEGO State: MN Zip Code: 55330 Intersection: e Date Reported Case Number Offense Code Literal 04/17/2013 2013010297 9920 Alarm Total: 1 Licensed to Wright County Sheriffs Office Page 4 of 10 Wright County Sheriffs Office Location Report Printed On: Wed, Apr 01, 2015 Address: Location: Place Committed- @Boondox Bar & Grille, OTSEGO (9100 PARK AVE NE) Street Park Ave NE Nb, Low.' 9100 Suffix: Nb. High: Unit NbdType.- City: Otsego State., MN Zip Code- 55330 Intersection: _ Date Reported Case Number m _ Offense Code Literal 04/22/2013 2013010960 9469 MV-Parked Vehicle 05/05/2013 2013012328 9171 Fight 06/01/2013 2013015345 9800 Public Peace 06/29/2013 2013018922 9800 Public Peace 07/07/2013 2013019866 9651 Liquor Violation 07/21/2013 2013021444 9800 Public Peace 07/30/2013 2013022448 9751 Juvenile Placement 07/30/2013 2013022448 N3070 DISTURB PEACE -MS -PUBLIC NUISANCE 07/30/2013 2013022448 TV019 TIIEFT-501-1000 DLRS GM -PERSON -OTHER Total, 9 Address: Location: Place Committed.- @Boondox Bar & Grille, OTSEGO (9100 PARK AVE NE) Street: PARK AVE NE Nb. Low 9100 Suffix.- Nb. High: Unit Nbr/Type: City.- OTSEGO State: MN Zip Code.- 55330 Intersection: ------------------------------------------------------------------------------ Date Reported Case Number Offense Code Literal 08/31/2013 2013026128 9800 Public Peace Total. • 1 Address: Location: Place Committed.• 9100 PARK AVE NE, OTSEGO (PARKINGTON CIR NE I PARRISH AVE NE; Near: Boondox Bar & Grille) Street: Park Ave NE Nb. Low 9100 Suffix.- Nb. High: Unit Nbr/Type: City: Otsego Slate. MN Zip Code: 55330 Intersection: Date Reported vCase Number Offense Code Literal 09/02/2013 2013026386 9171 Fight Total., 1 Address: Location: Place Committed- @Boondox Bar & Grille, OTSEGO (9100 PARK AVE NE) Street., PARK AVE NE Nb, Low.' 9100 Suffix. Nb. High: Unit Nbr/Type: City: OTSEGO State.- MN Z!p Code., 55330 Intersection: o Date Reported Case Number Offense Code Literal 09/24/2013 2013028877 9800 Public Peace 09/25/2013 2013028985 9800 Public Peace 10/21/2013 2013031873 9807 Traffic/Parking Total,' 3 Licensed to Wright County Sheriffs Office Page 5 of 10 Wright County Sheriffs Office Location Report Printed On: Wed, Apr 01, 2015 Address: Location: Place Committed. 9100 PARK AVE NE, OTSEGO (PARK(NGTON CIR NE /PARRISH AVE NE; Near: Boondox Bar & Grille) Street: Park Ave NE Nb. Low 9100 Suffix., Nb. High: Unit Nbr/rype: City., Otsego State: MN Zip Code: 55330 _ _ Intersection., Date Reported Case Number` Offense Code Literal 11/24/2013 2013036284 9921 Suspicious Person Total: 1 Address: Location. PlaceCommitted: 9100 PARK AVE NE, OTSEGO( PARKINGTON CIR NE / PARRISH AVE NE; Near: Boondox Bar & Grille) Street PARK AVE NE Nb. Low. 9100 Sufrx.' Nb. High: Unit Nbr/Type: City: OTSEGO State MN Zip Code: 55330 _ Intersection. Date Reported Case Number Offense Code Literal 11/26/2013 2013035399 9651 Liquor Violation 11/26/2013 2013035409 9920 Alarm Total: 2 Address: Location: Place Commilted: @Boondox Bar & Grille, OTSEGO (9100 PARK AVE NE) Street.' Park Ave NE Nb, Low 9100 Suffix Nb. High: Unit Nbr/Type. City., Otsego State: MN Zip Code: 55330 Intersection: Date Reported `Case Number Offense Code Literal 12/01/2013 2013035876 Q129D STLN PROP-FE-POSSESS-OTH PROP- 1001 TO 5000 DLR 12/03/2013 2013036080 9730 Medical 01/18/2014 2014001639 9651 Liquor Violation Total., 3 Address: Location: Place Committed.- @Boondox Bar & Grille, OTSEGO (9100 PARK AVE NE) Street: PARK AVE NE Nb. Low 9100 Suffix.- Nb. High: Unit Nbrirypa: City.' OTSEGO State.- MN Zip Code: 55330 ^ e ^ Intersection. Date Reported Case Number Offense Code Literal 01/19/2014 2014001763 9651 Liquor Violation Total: 1 Address. Location: Place Committed.• @Boondox Bar & Grille, OTSEGO (9100 PARK AVE NE) Street Park Ave NE Nb. Low 9100 Su#lx.- Nb. High: Unit NbrlType: City Otsego State.• MN Zip Code 55330 Intersection: eY Date Reported Case Number Offense Code Literal 01/19/2014 2014001825 9654 Unfounded Theft 01/19/2014 2014001857 TWO22 THEFT-500 OR LESS MS-BLDG-SERVICES 02/11/2014 2014004184 9651 Liquor Violation 02/28/2014 2014006001 9651 Liquor Violation Licensed to Wright County Sheriffs Office Page 6 of 10 Wright County Sheriff's Office Location Report Printed On: Wed, Apr 01, 2015 Total: 4 Address: Location: Place Committed- @Boondox Bar & Grille, OTSEGO (9100 PARK AVE NE) Street PARK AVE NE Nb, Low.' 9100 Suffix.- Nb. High: Unit Nbr/Type. City. OTSEGO State.• MN Zip Code: 55330 Intersection: J _ ' Date Reported Case Number Offense Code Literal 03/07/2014 2014006520 9651 Liquor Violation Total: 1 Address: Location: Place Committed., @Boondox Bar & Grille, OTSEGO (9100 PARK AVE NE) Street.' Park Ave NE Nb. Low.' 9100 Suffix.• Nb. High: Unit Nb#Type; City.• Otsego State. MN Zip Code: 55330 Intersection: ^ _ _ Date Reported Case NumberOffense Code Literal 03/08/2014 2014006724 9303 Lost Property 03/16/2014 2014007319 9241 Unfounded Assault 03/15/2014 2014007323 N3030 DISTURB PEACE -MS -DISORDERLY CONDUCT 03/23/2014 2014008148 9171 Fight Total: 4 Address: Location: Place Committed- @Boondox Bar & Grille, OTSEGO (9100 PARK AVE NE) Street PARK AVE NE Ilb. Low.- 9100 Suffix M. High: UnitNbr/Type. City.' OTSEGO State: MN Zip Code. 55330 Intersection: ^ _ _ Date Reported Case NumberOffense Code Literal 04/20/2014 2014011015 9800 Public Peace Total.• 1 Address: Location: Place Committed.@Boondox Bar & Grille, OTSEGO (9100 PARK AVE NE) Street Park Ave NE Nb. Low.' 9100 Suffix Nb. High. Unit Nbr/Type: City., Otsego State: MN Zip Code: 55330 Intersection: ' _ _^ Date Reported Case NumberOffense Code Literal 04/21/2014 2014011134 9651 Liquor Violation Total: 1 Address: Location., Place Committed.- @Boondox Bar & Grille, OTSEGO (9100 PARK AVE NE) Street.- PARK AVE NE M. Low 9100 Suffix: Nb. High: Unit Nbr/Type; City: OTSEGO OState_ MN Zip Code: 55330 Intersection: v^ _ e e _ Date Reported Case Number Code Literal 04/27/2014 2014011794 90600 Larceny - Theft 05106/2014: 2014012797 9800 Public Peace Total: 2 Licensed to Wright County Sheriffs Office Page 7 of 10 r. Wright County Sheriffs Office Location Report Printed On: Wed, Apr 01, 2015 Address: Location: Place Committed.' @Boondox Bar & Grille, OTSEGO (9100 PARK AVE NE) Street Park Ave NE Nb. Low 9100 Sulsx., Nb. High: Unit Nbr/Type. City.• Otsego State. MN Zip Code; 55330 Intersection: Date Reported Case Number Offense Code _ _ ^Literal 06/08/2014 2014016705 9800 Public Peace 06/10/2014 2014016834 9800 Public Peace 06/11/2014 2014016972 9600 Fire Call Total.' 3 Address: Location: Place Committed., 9100 PARK AVE NE, OTSEGO (PARKINGTON CIR NE 1 PARRISH AVE NE; Near: Boondox Bar & Grille) Street: PARK AVE NE Nb. Low. 9100 Suffx.' Nb. High., UnitNbr/Type: City.' OTSEGO State. MN Zip Code: 55330 Intersectlon: + Date Reported Case Number _ Offense Code _ Literal 06/14/2014 2014017370 9730 Medical Total' 1 Address: Location: Place Committed.' @Boondox Bar & Grille, OTSEGO (9100 PARK AVE NE) Street.' Park Ave NE Nb. Low.' 9100 Suffix: Nb. High: UnitNbrMype: City.• Otsego _ _ State: MN Zip Code: 65330 Intersection: J Date Reported Case Number Offense Code Literal 06/22/2014 2014018343 N3030 DISTURB PEACE -MS -DISORDERLY CONDUCT 06/22/2014 2014018444 P311L PROP DAM-MS-PRPDMG-PRIVATE-REDUCE VAL 500 LESS 06/29/2014 2014019236 J3301 ACCIDENT -MS -FAIL STOP-DRVR CAUSED-UNK INJ-MV Total, 3 Address: Location: Place Committed.' @Boondox Bar & Grille, OTSEGO (9100 PARK AVE NE) Street PARK AVE NE Nb. Low.' 9100 Suffix.' Nb. High: UnitNUIType: City.' OTSEGO _ ' _ s eState� MN Zip e Zip Code.- 55330 _ _ _ Intersections _ _ Date Reported rCase Number a Offense Code Literal 07/10/2014 2014020637 9730 Medical Total: 1 Address: Location. - place Committed.' @Boondox Bar & Grille, OTSEGO (9100 PARK AVE NE) Street, Park Ave NE Nb. Low 9100 Suffix., Nb. Htgh: Unit Nbr/Type., City: Otsego State: MN Zip Code.' 55330 Intersection: _ _ Date Reported Case Number Offense Code Literal 07/28/2014 2014022920 9402 MV-MV O7/30/2014 2014023162 9807 Traffic/Parking 08/21/2014 2014025899 9800 Public Peace Licensed to Wright County Sheriffs Office Page s of 10 Wright County Sheriff's Office Location Report Printed On: Wed, Apr 01, 2015 Total: 3 Address: Location: Place Committed: @Boondox Bar & Grille, OTSEGO (9100 PARK AVE NE) Street PARK AVE NE Nb. Low. 9100 Suffix.- Nb. High; Unit Nbr/Type; City OTSEGO State. MN Zip Code: 55330 Intersection. e Date Reported Case Number Offense Code Literal 08/26/2014 2014026366 9800 Public Peace Total: 1 Address: Location: Place Committed., @Boondox Bar & Grille, OTSEGO (9100 PARK AVE NE) Street: Park Ave NE Nb. Low 9100 Suffix.• Nb. High: Unit Nbr/Type: City.- Otsego State: MN Zip Code: 55330 Intersection: Data Reported Case Number Offense Code _ _ u e^Literal 08/26/2014 2014026474 TW159 THEFT-500 OR LESS MS-MTR VEHICLE-OTH PROP 09/01/2014 2014027039 9720 Check on Welfare 09/12/2014 2014028327 9945 Miscellaneous Information Total; 3 Address: Location: Place Committed- @Boondox Bar & Grille, OTSEGO (9100 PARK AVE NE) Street., PARK AVE NE Nb. Low. 9100 Suffix Nb. High: Unit Nbr/Type. City.• OTSEGO _ _ ^State_ _ _ MN Zip Code_ _ Intersection: _ 55330 Intersectio_ r Date Reported - Case NumberOffense Code Literal 09/14/2014 2014028530 9800 Public Peace Total. 1 Address: Location. Place Committed- @Boondox Bar & Grille, OTSEGO (9100 PARK AVE NE) Street: Park Ave NE Nb. Low., 9100 Suffix; M. High: Unit Nbr/Type. City: Otsego State: MN Zip Code: 55330 Intersection: Date Reported OCase Number Offense Code _ J _ — Literal 09/14/2014 2014028636 9301 Lost Person 09/20/2014 2014029160 9800 Public Peace 10/26/2014 2014033167 9800 Public Peace 11/23/2014 2014036079 9800 Public Peace Total: 4 Address: Location: PlaceCommitted, 9100 PARK AVE NE, OTSEGO (PARKINGTON CIR NE 1 PARRISH AVE NE; Near: Boondox Bar & Grille) Street: PARK AVE NE Nb, Low 9100 Suffix., M. High: Unit Nbr/Type: City.' OTSEGO _ —State MN J `Zip Code._ 55330_ _ N Intersection: _ Date Reported Case Number Offense Code Literal 12/01/2014 2014036888 9920 Alarm Licensed to Wright County Sheriffs Office Page 9 of 10 Wright County Sheriff's Office Location Report Printed On: Wed, Apr 01, 2015 12/14/2014 2014038154 9720 Check on Welfare 12/20/2014 2014038763 9800 Public Peace Total., 3 Address: Location: Place Committed @Boondox Bar & Grille, OTSEGO (9100 PARK AVE NE) Street Park Ave NE Nb. Low 9100 Suffix: Nb. High: Unit Nbr/Type: City.' Otsego State. MN Zip Code., 55330 Intersection: Date Reported Case Number u _ Offense Code Literal 02/01/2015 2015002956 J3301 ACCIDENT -MS -FAIL STOP-DRVR CAUSED-UNIC TNT-MV Total., 1 Address: Location. Place Committed: 9100 PARK AVE NE, OTSEGO (PARKINGTON CIR NE 1 PARRISH AVE NE; Near: Boondox Bar & Grille) Street., PARK AVE NE Nb. Low- 9100 Suflix.Nb. High: Unit Nbr/fype: City.• OTSEGO State: MN Zip Code: 55330 Intersection: Date Reported ^Case Number Offense Code _ Y _ Literal 02/14/2015 2015004188 9920 Alarm Total. 1 Address: Location: Place Committed, @Boondox Bar & Grille, OTSEGO (9100 PARK AVE NE) Street: Park Ave NE Nb. Low- 9100 Suffix. Nb. High: Unit NbrIType: City. Otsego _ _ — _ _ _ _ _ _ _ _States MN Zip Code: 55330 Intersecl/on: Parrish Ave NE Date Reported Case Number Offense Code Literal 11/28/2013 2013035614 JFW01 TRAP-AC-GM-3RD DEG DWI-08 OR MORE -MV Total: 1 Offenses Grand Total., 147 Location Grand Total.' 38 Licensed to Wright County Sheriffs Office Page 10 of 10 D. DANIEL LICHT From: Sent: To: Cc: Subject: Attachments: Morning Dan and Vern, The Yauks Wednesday, May 27, 2015 10:25 AM D. DANIEL LICHT Vern Heidner New problem started parking on street (1024x768) jpg We're sending a photo of Boondox customers now parking in front of our house. These four cars were parked the evening of Thurs. May 21, evidence of inadequate parking for events. Please include the photo as part of our letter to the Planning Commission on June 1. Our neighbors have been increasingly frustrated by their attempts to attend meetings, only to find them postponed by Boondox. We have to wonder if this might be an attempt on their part to create fatigue and scheduling conflicts for us. Please keep us informed of any future changes and we'll pass them on. Thank you, Al and Debbie Yauk 9127 Parkington Circle 1 IR ,r4 low • 46 2-. .41 ft F FM a . Tami Loff From: Todd Sandin <Todd.Sandin@co.wright.mn.us> Sent: Wednesday, July 08, 2015 11:04 AM To: Tami Loff Subject: Boondox Attachments: Name Card.pdf Tami, We went to a new computer system on May 19th. I believe this is more informative than the one that was given to you previously. It should contain all the same information that the last one did and includes all calls to today's date. As you can see the majority of the liquor complaints from the old one are DUI's We have the deputies put down in the report where the arrested people say they were drinking so that we can track it, This DOES NOT mean it is the only place that they had been drinking, it usually indicates the LAST place they were drinking. This information is coming from an intoxicated person. Let me know if there is more information that you would like, I can certainly find it for you Lt Todd Sandin NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. This E- mail may be confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply back to the sender that you have received this message in error, then delete it. Thank you. Wright County Sheriff's Office Sheriff Joe Hagerty P*l cSQE� \; 3800 Braddock Ave. NE, Buffalo, n1N 55313 1-800-362-3667 Eas:763-682-7610 Name Card Printed on July 8, 2015 BOONDOX BAR AND GRILL Street Address 9100 Park Ave NE OTSEGO, MN 55330 Mailing Address Business (763) 367-6790 Last Modified 2/27/14 Contact People Building Year Built Square Footage 0 Number of Rooms 0 Number of Floors 0 Occupancy Number 0 Alarm Compa Name Comments Involvements 06/20/15 01:56 Incident #WCSOP15053274, INTOXPER : Intoxicated Person Involvements for BOONDOX BAR AND GRILL Complainant - Intoxicated Person - Gone on Arrival/Unable to Locate 05/28/15 23:20 Incident Involvements for BOONDOX BAR AND GRILL Mentioned - Noise - Case was Exceptionally Cleared #WCSOP15050994, NOISE: Noise 05/17/15 00:51 Incident #2015013347, DUI : DUI Involvements for BOONDOX BAR AND GRILL Mentioned 9651 - Liquor violation - Case was Exceptionally Cleared 02/14/15 05:22 Incident #2015004188, ALR : Alarm Involvements for BOONDOX BAR AND GRILL Made by ZU=RCHER Page 1 of 8 Complainant 9920 - Alarm - Pending Victim 9920 - Alarm - Pending 01/17/15 00:30 Incident #2015001492, FIGHT: Fight Involvements for BOONDOX BAR AND GRILL Mentioned 9171 - Fight - Pending 12/20/14 01:30 Incident #2014038753, NOISE: Noise Involvements for BOONDOX BAR AND GRILL Mentioned 9800 - Public peace - Pending Suspect 9800 - Public peace - Pending 12/14/14 03:38 Incident #2014038154, CHKWELF : Check Welfare Involvements for BOONDOX BAR AND GRILL Mentioned 9720 - Check on welfare - Case was Exceptionally Cleared Witness 9720 - Check on welfare - Case was Exceptionally Cleared 12/01/14 03:14 Incident #2014036888, ALR : Alarm Involvements for BOONDOX BAR AND GRILL Complainant 9920 - Alarm - Pending Victim 9920 - Alarm - Pending 11/23/14 01:22 Incident #2014036079, NOISE: Noise Involvements for BOONDOX BAR AND GRILL Mentioned 9800 - Public peace - Case was Exceptionally Cleared Suspect 9800 - Public peace - Case was Exceptionally Cleared 10/26/14 01:31 Incident #2014033167, NOISE: Noise Involvements for BOONDOX BAR AND GRILL Mentioned 9800 - Public peace - Case was Exceptionally Cleared Suspect 9800 - Public peace - Case was Exceptionally Cleared 09/20/14 01:27 Incident #2014029160, NOISE: Noise Involvements for BOONDOX BAR AND GRILL Mentioned 9800 - Public peace - Case was Exceptionally Cleared Suspect 9800 - Public peace - Case was Exceptionally Cleared 09/14/14 03:08 Incident #2014028536, FNDPERS : Found Person Involvements for BOONDOX BAR AND GRILL Mentioned 9301 - Lost person - Case was Exceptionally Cleared Witness 9301 - Lost person - Case was Exceptionally Cleared 09/14/14 01:02 Incident #2014028530, NOISE: Noise Made by ZUERCHER Page 2 of 8 Involvements for BOONDOX BAR AND GRILL Mentioned 9800 - Public peace - Pending Suspect 9800 - Public peace - Pending 09/12/14 12:12 Incident #2014028327, INFO: Info Involvements for BOONDOX BAR AND GRILL Mentioned 9945 - Miscellaneous Information - Case was Exceptionally Cleared 09/09/14 00:16 Incident #2014027966, DUI: DUI Involvements for BOONDOX BAR AND GRILL Mentioned 169A.20.1(7) - TRAF-AC-GM-3RD DEG DWI-08 OR MORE -MV - Arrest of Adult 09/06/14 20:21 Incident #2014027727, DUI: DUI Involvements for BOONDOX BAR AND GRILL Complainant 9651 - Liquor violation - Pending 09/01/14 03:18 Incident #2014027039, CHKWELF : Check Welfare Involvements for BOONDOX BAR AND GRILL Complainant 9720 - Check on welfare - Case was Exceptionally Cleared Mentioned 9720 - Check on welfare - Case was Exceptionally Cleared 08/26/14 23:59 Incident #2014026474, THEFT: Theft Involvements for BOONDOX BAR AND GRILL Witness 609.52.3(3)(d)(iv) - THEFT-500 OR LESS MS-MTR VEHICLE-OTH PROP - Pending 08/26/14 00:48 Incident #2014026366, NOISE: Noise Involvements for BOONDOX BAR AND GRILL Mentioned 9800 - Public peace - Pending Suspect 9800 - Public peace - Pending 08/21/14 22:24 Incident #2014025899, NOISE: Noise Involvements for BOONDOX BAR AND GRILL Mentioned 9800 - Public peace - Case was Exceptionally Cleared Suspect 9800 - Public peace - Case was Exceptionally Cleared 08/10/14 01:07 Incident #2014024492, NOISE: Noise Involvements for BOONDOX BAR AND GRILL Mentioned 9800 - Public peace - Pending 07/10/14 19:46 Incident #2014020637, MSICK : Medical - Sick Involvements for BOONDOX BAR AND GRILL Mentioned 9730 - Medical - Pending 06/14/14 17:53 Incident #2014017370, MSICK : Medical - Sick Involvements for BOONDOX BAR AND GRILL Mentioned 9730 - Medical - Case was Exceptionally Cleared Made by ZU=RCHER Page 3 of 8 06/10/14 01:40 Incident #2014016834, DISORD : Disorderly Involvements for BOONDOX BAR AND GRILL Complainant 9800 - Public peace - Case was Exceptionally Cleared 06/08/14 23:40 Incident #2014016705, NOISE: Noise Involvements for BOONDOX BAR AND GRILL Mentioned 9800 - Public peace - Case was Exceptionally Cleared 04/27/14 18:42 Incident #2014011794, THEFT: Theft Involvements for BOONDOX BAR AND GRILL Complainant Converted - Converted - Pending Victim Converted - Converted - Pending 04/24/14 22:05 Incident #2014011518, NOISE: Noise Involvements for BOONDOX BAR AND GRILL Mentioned 9800 - Public peace - Pending 04/20/14 00:13 Incident #2014011015, NOISE: Noise Involvements for BOONDOX BAR AND GRILL Mentioned 9800 - Public peace - Pending Witness 9800 - Public peace - Pending 04/13/14 01:25 Incident #2014010271, DISORD : Disorderly Involvements for BOONDOX BAR AND GRILL Complainant Converted - Converted - Pending Witness Converted - Converted - Pending 03/23/14 02:21 Incident #2014008148, FIGHT: Fight Involvements for BOONDOX BAR AND GRILL Mentioned 9171 - Fight - Case was Exceptionally Cleared Victim 9171 - Fight - Case was Exceptionally Cleared 03/15/14 01:52 Incident #2014007323, FIGHT: Fight Involvements for BOONDOX BAR AND GRILL Complainant 609.72 - DISTURB PEACE -MS -DISORDERLY CONDUCT - Arrest of Adult 03/15/14 01:10 Incident #2014007319, ASSAULT: Assault Involvements for BOONDOX BAR AND GRILL Mentioned 9241 - Unfounded assault - Case was Exceptionally Cleared Witness 9241 - Unfounded assault - Case was Exceptionally Cleared 9241 - Unfounded assault - Case was Exceptionally Cleared 02/28/14 22:24 Incident #2014006001, DUI: DUI Involvements for BOONDOX BAR AND GRILL Complainant 9651 - Liquor violation - Case was Exceptionally Cleared Made by ZU=RCHER Page 4 of 8 9651 - Liquor violation - Case was Exceptionally Cleared 02/11/14 21:57 Incident #2014004184, DUI: DUI Involvements for BOONDOX BAR AND GRILL Mentioned 9651 - Liquor violation - Case was Exceptionally Cleared 01/29/14 01:42 Incident #2014002847, FIGHT: Fight Involvements for BOONDOX BAR AND GRILL Mentioned 609.72 - DISTURB PEACE -MS -DISORDERLY CONDUCT - Arrest of Adult 01/19/14 21:26 Incident #2014001857, THEFT: Theft Involvements for BOONDOX BAR AND GRILL Complainant 609.52.3(3)(d)(iv) - THEFT-500 OR LESS MS-BLDG-SERVICES - Pending 01/19/14 16:20 Incident #2014001825, THEFT: Theft Involvements for BOONDOX BAR AND GRILL Complainant 9654 - Unfounded theft - Case was Unfounded 01/19/14 02:19 Incident #2014001763, DUI: DUI Involvements for BOONDOX BAR AND GRILL Complainant 9651 - Liquor violation - Pending 9651 - Liquor violation - Pending 01/18/14 01:10 Incident #2014001639, INTOXPER : Intoxicated Person Involvements for BOONDOX BAR AND GRILL Mentioned 9651 - Liquor violation - Case was Exceptionally Cleared 12/30/13 01:26 Incident #2013038858, INTOXPER : Intoxicated Person Involvements for BOONDOX BAR AND GRILL Mentioned 9651 - Liquor violation - Pending 12/14/13 02:11 Incident #2013037303, THEFT: Theft Involvements for BOONDOX BAR AND GRILL Business Owner 9654 - Unfounded theft - Case was Exceptionally Cleared Complainant 9654 - Unfounded theft - Case was Exceptionally Cleared 12/03/13 01:06 Incident #2013036080, MUNKNOWN : Medical - Unknown Involvements for BOONDOX BAR AND GRILL Mentioned 9730 - Medical - Case was Exceptionally Cleared 12/01/13 01:12 Incident #2013035875, THEFT: Theft Involvements for BOONDOX BAR AND GRILL Mentioned 609.52.3(3)(d)(i) - STLN PROP-FE-POSSESS-OTH PROP-1001 TO 5000 DLR - Arrest of Adult Witness 609.52.3(3)(d)(i) - STLN PROP-FE-POSSESS-OTH PROP-1001 TO 5000 DLR - Arrest of Adult 09/25/13 01:46 Incident #2013028985, NOISE: Noise Involvements for BOONDOX BAR AND GRILL Mentioned 9800 - Public peace - Pending Made by ZIIERCHER Page 5 of 8 Suspect 9800 - Public peace - Pending 09/24/13 00:07 Incident #2013028877, NOISE: Noise Involvements for BOONDOX BAR AND GRILL Mentioned 9800 - Public peace - Pending Suspect 9800 - Public peace - Pending 09/21/13 01:53 Incident #2013028534, MVAINJ : MVA - Injuries Involvements for BOONDOX BAR AND GRILL Mentioned 169A.20.1(7) - TRAF-AC-GM-3RD DEG DWI-08 OR MORE -MV - Arrest of Adult 09/17/13 22:11 Incident #2013028161, CIV : Civil Complaint Involvements for BOONDOX BAR AND GRILL Mentioned 9950 - Civil - Pending 09/13/13 00:12 Incident #2013027639, NOISE: Noise Involvements for BOONDOX BAR AND GRILL Mentioned 9800 - Public peace - Pending 08/31/13 01:22 Incident #2013026128, NOISE: Noise Involvements for BOONDOX BAR AND GRILL Mentioned 9800 - Public peace - Pending Suspect 9800 - Public peace - Pending 08/29/13 22:12 Incident #2013025986, NOISE: Noise Involvements for BOONDOX BAR AND GRILL Mentioned 9800 - Public peace - Pending 08/17/13 00:37 Incident #2013024478, NOISE: Noise Involvements for BOONDOX BAR AND GRILL Mentioned 9800 - Public peace - Case was Exceptionally Cleared 08/15/13 22:01 Incident #2013024350, NOISE: Noise Involvements for BOONDOX BAR AND GRILL Mentioned 9800 - Public peace - Pending 08/03/13 02:42 Incident #2013022885, VOR : Vehicle Off Road Involvements for BOONDOX BAR AND GRILL Mentioned 169A.20.1(3) - TRAF-ACC-MS-4TH DEG DWI-08 OR MORE -MV - Arrest of Adult 08/01/13 23:16 Incident #2013022743, DUI: DUI Involvements for BOONDOX BAR AND GRILL Mentioned 9651 - Liquor violation - Pending 07/30/13 14:16 Incident #2013022448, THEFT: Theft Involvements for BOONDOX BAR AND GRILL Witness 609.52.3(3)(c) - THEFT-501-1000 DLRS GM -PERSON -OTHER - Arrest of Juvenile Made by ZU_RCHER Page 6 of 8 07/21/13 00:41 Incident #2013021444, NOISE: Noise Involvements for BOONDOX BAR AND GRILL Mentioned 9800 - Public peace - Case was Exceptionally Cleared 06/29/13 22:22 Incident #2013018922, NOISE: Noise Involvements for BOONDOX BAR AND GRILL Mentioned 9800 - Public peace - Case was Exceptionally Cleared Suspect 9800 - Public peace - Case was Exceptionally Cleared 06/29/13 21:48 Incident #2013018916, ASSAULT: Assault Involvements for BOONDOX BAR AND GRILL Mentioned Converted - Converted - Pending 06/18/13 01:01 Incident #2013017374, TS : Traffic Stop Involvements for BOONDOX BAR AND GRILL Mentioned 169A.20.1(3) - TRAF-ACC-MS-4TH DEG DWI-08 OR MORE -MV - Arrest of Adult Witness 169A.20.1(3) - TRAF-ACC-MS-4TH DEG DWI-08 OR MORE -MV - Arrest of Adult 06/01/13 00:08 Incident #2013015345, NOISE: Noise Involvements for BOONDOX BAR AND GRILL Mentioned 9800 - Public peace - Case was Exceptionally Cleared Suspect 9800 - Public peace - Case was Exceptionally Cleared 05/10/13 23:59 Incident #2013012964, NOISE: Noise Involvements for BOONDOX BAR AND GRILL Mentioned 9800 - Public peace - Pending Witness 9800 - Public peace - Pending 05/05/13 00:07 Incident #2013012328, FIGHT: Fight Involvements for BOONDOX BAR AND GRILL Mentioned 9171 - Fight - Case was Exceptionally Cleared 04/17/13 02:20 Incident #2013010297, ALR : Alarm Involvements for BOONDOX BAR AND GRILL Complainant 9920 - Alarm - Pending Victim 9920 - Alarm - Pending 03/30/13 00:35 Incident #2013008546, NOISE: Noise Involvements for BOONDOX BAR AND GRILL Mentioned 9800 - Public peace - Case was Exceptionally Cleared Witness 9800 - Public peace - Case was Exceptionally Cleared 03/09/13 02:09 Incident #2013006462, FIGHT: Fight Involvements for BOONDOX BAR AND GRILL Mentioned Made by ZUERCHER Page 7 of 8 9171 - Fight - Case was Exceptionally Cleared Witness 9171 - Fight - Case was Exceptionally Cleared 03/03/13 01:46 Incident #2013005916, FIGHT: Fight Involvements for BOONDOX BAR AND GRILL Complainant 9171 - Fight - Case was Exceptionally Cleared 9171 - Fight - Case was Exceptionally Cleared 02/23/13 21:57 Incident #2013005188, DISORD : Disorderly Involvements for BOONDOX BAR AND GRILL Mentioned 609.72 - DISTURB PEACE -MS -DISORDERLY CONDUCT - Arrest of Adult 10/11/12 05:14 Incident #2012031900, ALR : Alarm Involvements for BOONDOX BAR AND GRILL Complainant 9920 - Alarm - Case was Exceptionally Cleared 9920 - Alarm - Case was Exceptionally Cleared 08/29/12 22:12 Incident #2012027267, NOISE: Noise Involvements for BOONDOX BAR AND GRILL Mentioned 9800 - Public peace - Pending 07/26/12 22:00 Incident #2012023287, NOISE: Noise Involvements for BOONDOX BAR AND GRILL Mentioned 9800 - Public peace - Pending 07/03/12 02:45 Incident #2012020344, ALR : Alarm Involvements for BOONDOX BAR AND GRILL Complainant 9920 - Alarm - Case was Exceptionally Cleared Victim 9920 - Alarm - Case was Exceptionally Cleared 07/01/12 00:02 Incident #2012020073, NOISE: Noise Involvements for BOONDOX BAR AND GRILL Mentioned 9800 - Public peace - Pending Witness 9800 - Public peace - Pending 06/03/12 23:11 Incident #2012016741, NOISE: Noise Involvements for BOONDOX BAR AND GRILL Mentioned 9800 - Public peace - Case was Exceptionally Cleared Suspect 9800 - Public peace - Case was Exceptionally Cleared 06/02/12 00:43 Incident #2012016484, NOISE: Noise Involvements for BOONDOX BAR AND GRILL Suspect 9800 - Public peace - Pending 9800 - Public peace - Pending Made by ZUERCHER Page 8 of 8 P OtCI�ezoF MINNESOTA V APPLICANT: Boondox Bar and Grille 7 July 2015 FINDINGS & DECISION PRELIMINARY PLAT AND PUD-CUP APPLICATION: Request for approval of an amendment of the PUD-CUP approved October 24, 2011 to allow restaurant/bar occupancy of the former clubhouse building and 2002 expansion area for bar/restaurant use and other site/building plan changes. CITY COUNCIL MEETING: 13 July 2015 FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes the following findings of fact: A. The property is identified as Lot 3, Block 1 Mississippi Shores 6th Addition, City of Otsego, County of Wright, State of Minnesota. B. The property lies within the East Sewer District and is guided for commercial land uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned PUD, Planned Unit Development District, which allows restaurant uses as a permitted use and outdoor recreation uses as a conditional use. D. The subject site is governed by a PUD-CUP approved by the City Council on 24 October 2015 allowing restaurant use with accessory outdoor recreation. E. The Planning Commission and City Council must take into consideration the possible effects of the PUD-CUP amendment with their judgment based upon (but not limited to) the criteria outlined in Section 20-4-2.17 of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Finding: The existing developed site is within the planned commercial area centered at TH 101 and CSAH 39. This area is described by the Comprehensive Plan as the City's primary commercial center to promote development of retail, service and office type uses. The use of the property as a restaurant and outdoor recreation business is consistent with these plans and promotes the City's economic development goals. The Comprehensive Plan also states that low density residential neighborhoods are to be protected from encroachment or intrusion of incompatible uses by adequate buffering and/or separation, which must be addressed as part of the site plan and conditions applicable to the subject site. 2. The proposed use's compatibility with present and future land uses of the area. Finding: The subject site is surrounded by the following existing and planned land uses shown in the table below. The primary concern for compatibility between the subject site and adjacent properties is with the existing single family neighborhood to the north. The current use of the property as an outdoor commercial recreation use 3 M 5 has presented issues in the form of complaints received by the City and Wright County Sheriffs regarding hours, noise, exterior lighting and parking on residential streets. Direction Land Use Zoning Existing Use Plan Map North LD R-3 District Single Family Residential East Commercial PUD District Convenience Gas Medical Office South Commercial PUD District Retail/Service building West Commercial PUD District Off -Sale Liquor Multi -tenant building The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Finding: The subject site will be required to comply with applicable performance standards of the Zoning Ordinance and City Code and any conditions of the PUD- CUP. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The property is accessed by public streets that have been upgraded to accommodate traffic generated by commercial uses in the area, including the subject site. Evaluation of the adequacy of off-street parking available within the subject site must also be considered so as to minimize on -street parking within adjacent residential areas. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: The subject site is adequately served by City infrastructure. Compatibility issues related to the outdoor recreational use and adjacent residential areas has required additional City resources to respond to complaints and address these issues with the applicant that have not been typical of other businesses within the City. F. The planning report dated 2 July 2015 prepared by the City Planner, The Planning Company LLC., is incorporated herein. G. The Otsego Planning Commission held a public hearing at their regular meeting on 6 July 2015 to consider the application, preceded by published and mailed notice. Based upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 4-2 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED and is subject to the following conditions: The PUD-CUP approved by the City Council on 24 October 2011 shall remain in full force and effect unless specifically modified herein and specifically the following: a. There shall be no outdoor recreational activities between the hours of 10:OOPM and 7:OOAM each day. b. Exterior lighting of the outdoor recreation areas on the subject site shall be turned off between the hours of 10:OOPM and 7:OOAM each day. C. Use of an exterior audio public address or music system shall not be allowed upon the property related to the exterior seating or outdoor recreation uses. 2. The applicant shall provide documentation of a written agreement to utilize ten (10) off-street parking stalls upon the Riverview Liqourette property, subject to review and approval of City staff. 3. The applicant shall submit documentation of a written agreement with the abutting property owner to the south regarding restriping the existing parking lot to locate additional off-street parking stalls in the former drive through lane and drive aisle, subject to review and approval of City staff. 4. The northwest building shall not be utilized for special events/restaurant seating at any time that outdoor recreation involving adult volleyball league plan is scheduled. 5. The outdoor bar shall not be used for serving between the hours of 10:OOPM and 7:OOAM each day. 6. The applicant shall construct of a solid wood fence a minimum of eight feet tall along the north property line outside of the existing shrub row from the northwest building to the east line of the principal building prior to issuance of a Certificate of Occupancy for the northwest building, subject to review and approval of City staff. 7. The applicant shall construct sound absorbing panels at the exterior doorways between the principal building and patio area prior to issuance of a Certificate of Occupancy for the northwest building, subject to review and approval of City staff. 8. The Planning Commission shall receive quarterly updates regarding complaints about use of the property for two (2) years from the date a Certificate of Occupancy is issued for the northwest building to consider the need for possible action to revoke the conditional use permit under Section 20-4-6 of the Zoning Ordinance. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: Attest: ADOPTED by the City Council of the City of Otsego this 13th day of July, 2015. Tami Loff, City Clerk CITY OF OTSEGO By: Jessica L. Stockamp, Mayor 4