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HomeMy WebLinkAbout4.A.2. Text Amendment to Various Sections of City Code Regarding Restaurants, Taverns, and Exterior Ciongregation Areas Ord. No. 915 01/1164111 Consent Business 4.A. 2. SHAKOI'EE TO: Mayor and City Council FROM: Alex Sharpe, Planner DATE: 09/15/2015 SUBJECT: Text Amendment to Various Sections of City Code Regarding Restaurants, Taverns, and Exterior Congregation Areas Ord. No. 915 (B) Action Sought The Council is asked to adopt Ordinance No. 915, an ordinance amending various sections of the zoning ordinance regarding Restaurants, Taverns, and Exterior Congregation Areas. Background In recent years, Council has made it a priority to attract and support new and expanded businesses in the downtown and 101 corridor. However, current City Code is hampering the establishment of new restaurants in this area due to a restriction on the hours of operation restaurants which serve alcohol and are within 100 feet of a residential use. Several downtown restaurants/bars were in operation prior to this code provision being adopted and are therefore not subject to the restrictions, but it is a significant deterrent to the establishment of new bars and restaurants in the downtown area. Current City Code restricts hours of operation for restaurants which serve alcohol and are within 100 feet of a residential use to 5 a.m. - 11 p.m. This code section was established in 2005, which made restaurants that serve alcohol a permitted use verses a conditional use, but added the hours of operation restriction. The proposed amendment would remove this restriction on hours of operation but add a requirement for a conditional use permit (CUP) for exterior congregation areas, such as outdoor patios, which are within 100 feet of a residential use and are utilized past 10 p.m.. Police have noted most concerns between residential properties and adjacent restaurants is due to patrons outside the establishment. The Planning Commission conducted a public hearing on the proposed text amendment at their August 6 meeting and continued the public hearing to September 3, with direction to staff to provide more research regarding other •communities' codes. The resulting research is summarized in the attached table. Over the last decade the trend and best practice has been to move non-controversial uses from conditional uses (those requiring a CUP and Board Approval) to permitted uses (those that can directly apply for a building permit). The research table shows that some cities are still requiring an applicant to obtain a CUP for restaurants, but most in this area do not. Eagan specifically requires special use setbacks for exterior congregation areas. However Eagan and Shakopee differ because Eagan does not have a historic downtown, and historic Shakopee does not have the large streets and ROWs that Eagan has. Thus, if a restaurant were to build in close proximity or adjacent to a residential use in Eagan, it is a more unique case and deserves scrutiny. Maps attached to this report show the ordinance affects limited areas in Shakopee outside of downtown and the 101 corridor. Essentially, the 2005 ordinance limited restaurant development in the older portions of town but achieved the goal of allowing class II restaurants in other parts of town (Dean Lakes or Southbridge) to construct without a CUP. Additional items to note include: •Taverns will have a new definition •Due to public notice laws, staff is unable to change the definition in this ordinance. A new definition that will better differentiate a Class II restaurant and a Tavern will be a future text amendment •Taverns are now a conditional use in the Major Recreation (MR) zone • By current code, taverns are not permitted in the MR zone; however both Canterbury and Valley Fair serve alcohol at events. If Canterbury redevelops its site with a mixed use of housing, restaurants, bars, and walkability, this use must be included as a listed use in the zone. As the MR zone is largely governed through a PUD, the use will still require review in most cases. •Exterior congregation areas will not require a full fence. Research shows that several other cities (including Eagan) have not required fencing around exterior congregation areas, even where alcohol is served. •A physical delineation will be required of exterior congregation areas •This means something more substantive than a line painted on the sidewalk or parking will be required. Examples could include planters, landscaping or a fence, depending on what best meets the property owners' goals. The Planning Commission made the additional recommendation that the delineation could include a change in grade, or a change in paving material. Recommendation At their September 3 meeting, the Planning Commission recommended adoption of the attached ordinance. Requested Action The Council is asked to adopt Ordinance 915, an ordinance amending various sections of the zoning ordinance regarding Restaurants, Taverns, and Exterior Congregation Areas. Attachments: Best Practice research 100 foot buffer maps Ordinance No. 915 Cr N U L u V Y O a C Q (C 0 a > 4- a u a a N y 0. u _ .N 0 0 c - — a a� C m a °' " n a o as 0 c 0 c C CO c C a `a 2 a E N o o u o m y 0 o = = a N a) CCI L Y N C u Y Y 0 0 - l) a C — a N a a L A L a CO N ra L U Y 'j-'4 a — O cc >> p — > 0 to 0 to L Y — a v N •§ O N -O > N - C Co LL. 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WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on August 6, 2015 and continued to September 3, 2015 at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission recommended that the City code sections previously listed, be amended to include language conditionally permitting exterior congregation areas within 100 feet of a residential use and utilized past 10 p.m.; and WHEREAS, the Planning Commission recommended that the City code sections previously listed, be amended to remove language limiting the hours and location of Class II Restaurants and Taverns; and WHEREAS, the City Council heard the matter at its meeting on August 18, 2015. THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, ORDAINS: Section 1. Section 11.35, Subd. 2.F, Section 11.36 Subd. 2.C, Section 11.37, Subd. 2.E, Section 11.40 Subd. 2.H, and Section 11.42, Subd. 2.C. of the Shakopee City Code dealing with Permitted Uses are amended to read as follows: restaurants, class II, subject to the following requirements: to Section 11.60,Performance Standards. enclosed areas, including the top. The enclosed ar as shall be constructed of similar and/or complementary materials to the principal structure and meeting the standards of City Code. 1 4. If serving liquor, shall not be located on a lot or parcel of land adjacent to any low density residential(R 1A),urban residential(R 1B), or Old Shakopee residential (R 1C) zone. 5. If located within 100 feet of a residential use, shall limits its hours of operation to between 5a.m. and 11p.m. restaurants, class II, except those having an outdoor patio or congregation area that customers are allowed to use after 10:00 p.m. and where the nearest point of the property on which the restaurant is located is less than 100 feet from the nearest point of the property where a residential use is located. Sec. 2. Section 11.36 Subd. 2.B, Section 11.37, Subd. 2.D, Section 11.40 Subd. 2.G, and Section 11.42, Subd. 2.B. of the Shakopee City Code dealing with Permitted Uses are amended to read as follows: restaurants, class I; except those having an outdoor patio or congregation area that customers are allowed to use after 10:00 p.m. and where the nearest point of the property on which the restaurant is located is less than 100 feet from the nearest point of the property where a residential use is located. Sec. 3. Section 11.35, Subd. 2 of the Shakopee City Code dealing with Permitted Uses is amended by adding the following paragraph and by renumbering the subsequent paragraphs accordingly: F. restaurants, class I, except those having an outdoor patio or congregation area that customers are allowed to use after 10:00 p.m. and where the nearest point of the property on which the restaurant is located is less than 100 feet from the nearest point of the property where a residential use is located. Sec. 4. Section 11.35, Subd. 3, Section 11.36 Subd. 3, Section 11.37, Subd. 3, Section 11.40 Subd. 3, and Section 11.42, Subd. 3. of the Shakopee City Code dealing with Uses Permitted with a Conditional Use Permit are amended by adding the following paragraph and by renumbering the subsequent paragraphs accordingly: A. restaurants, Class I or Class II, that have an outdoor patio or congregation area that customers are allowed to use after 10:00 p.m. and where the nearest point of the property on which the restaurant is located is less than 100 feet from the nearest point of the property where a residential use is located. Additional standards for such uses are contained in Section 11.87 of this Code. Sec. 5. Section 11.42, Subd. 2(Permitted Uses) of the Shakopee City Code is amended to add the following paragraph: 2 J. taverns, except those having an outdoor patio or congregation area that customers are allowed to use after 10:00 p.m. and where the nearest point of the property on which the tavern is located is less than 100 feet from the nearest point of the property where a residential use is located. Sec. 6. Section 11.35, Subd. 3.A, Section 11.36 Subd. 3.A, Section 11.37, Subd. 3.A, and Section 11.40 Subd. 3.J of the Shakopee City Code dealing with Uses Permitted with a Conditional Use Permit are amended to read as follows: taverns having an outdoor patio or congregation area that customers are allowed to use after 10:00 p.m. and where the nearest point of the property on which the tavern is located is less than 100 feet from the nearest point of the property where a residential use is located. Additional standards for such uses are contained in Section 11.87 of this Code. Sec. 7. Section 11.42, Subd. 3 of the Shakopee City Code dealing with Uses Permitted with a Conditional Use Permit is amended to add the following paragraph: Q. taverns having an outdoor patio or congregation area that customers are allowed to use after 10:00 p.m. and where the nearest point of the property on which the tavern is located is less than 100 feet from the nearest point of the property where a residential use is located. Additional standards for such uses are contained in Section 11.87 of this Code. Sec. 8. Section 11.87, Subd 2.HH (Conditional Use Permit Standards in Business Zones) is amended to read as follows: HH. restaurants, Class II: density residential(R 1A),urban residential(R 1B), or Old Shakopee residential(R 1C)zone; and 2. If located within 100 feet of a residential use, shall limit its hours of operation to between 5:00 A.M. and 11:00 P.M. restaurants, Class I and II that have an outdoor patio or congregation area that customers are allowed to use after 10:00 p.m. and where the nearest point of the property on which the restaurant is located is less than 100 feet from the nearest point of the property where a residential use is located. 1. All patios and congregation areas are subject to the City's noise regulations; 2. Any lights on the patios and congregation areas are subject to the City's regulations pertaining to illumination standards at the property line- 3 3. Exterior congregation areas which serve alcohol shall physically delineate the exterior area which alcohol is to be served. This delineation shall clearly define the space,with a clear access and exit. Delineation examples shall include, but not be limited to: grade changes, material changes, decking ,or planters; and 4. The entry to the outdoor patio or congregation areas is to be compact and contiguous with the structure. All patio and congregation areas access shall not allow direct outside entry; and 5. Exterior congregation areas that utilize pedestrian areas, such as a public or private sidewalk or walkway, shall maintain a clear 5 foot path for pedestrian walkway and be physically delineated. Alleys shall not be considered pedestrian thoroughfares. Sec. 9. Section 11.87, Subd 2.00 (Conditional Use Permit Standards in Business Zones) is amended to read as follows: 00. taverns shall not be located on a lot or parcel of land adjacent to any low density residential(RI A), Urban Residential (R1 B),or Old Shakopee Residential (R1 C) zone Taverns. All taverns having an outdoor patio or congregation area that customers are allowed to use after 10:00 p.m. and where the nearest point of the property on which the tavern is located is less than 100 feet from the nearest point of the property where a residential use is located. 1. All patios and congregation areas are subject to the City's noise regulations; 2. Any lights on the patios and congregation areas are subject to the City's regulations pertaining to illumination standards at the property lid 3. Exterior congregation areas which serve alcohol shall physically delineate the exterior area which alcohol is to be served. This delineation shall clearly define the space, with a clear access and exit. Delineation examples shall include, but not be limited to: grade changes, material changes, decking ,or planters; and 4. The entry to the outdoor patio or congregation areas is to be compact and contiguous with the structure. All patio and congregation areas access shall not allow direct outside entry; and 5. Exterior congregation areas that utilize pedestrian areas, such as a public or private sidewalk or walkway, shall maintain a clear 5 foot path for pedestrian walkway and be physically delineated. Alleys shall not be considered pedestrian thoroughfares. 4 Sec. 10. The City Council adopts the following findings of fact relating to the request to modify the language in the City's zoning ordinance regarding permitting goods produced off-site to be sold by the home occupation permit holder. Criteria#1 That the original zoning ordinance is in error; Finding#1 The original ordinance did not account for or permit Class II restaurants to conditionally be permitted when they were within 100 feet of a residential use and wished to operate in hours other than 5 a.m. —11 p.m. This error limited growth in several areas of the City and was not an intended consequence of the ordinance. Other changes to the ordinance clear out unused language and place restrictions on exterior congregation areas to address concerns and consequences that develop from permitting Class II restaurants and taverns. Criteria#2 That significant changes in community goals and policies have taken place; Finding#2 There have not been significant changes in community goals and policies. However greater interest in the redevelopment of the downtown area has become an established community goal. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; Finding#3 There has been no evidence presented that either city-wide or neighborhood development patterns have changed. The proposed text amendment does not alter the character of development. Criteria#4 That the Comprehensive Plan requires a different provision; Finding#4 The Comprehensive Plan does not require a different provision. Section 11. Effective Date. This ordinance shall be in effect from and after the date of its passage and publication. Adopted in session of the City Council of the City of Shakopee,Minnesota held this day of , 2015. Brad Tabke, Mayor ATTEST: Lori Hensen—Acting City Clerk Published in the Shakopee Valley News on the day of , 2015. 5