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
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ORDINANCE NO. 915
AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING
VARIOUS SECTIONS IN CHAPTER 11 OF THE CITY CODE
RELATING TO RESTAURANTS AND TAVERNS
WHEREAS, The City of Shakopee has proposed an amendments to Sections 11.35
(Neighborhood Commercial) 11.36 (Highway Business), 11.37 (Community Commercial), 11.40
(Central Business), 11.42 (Major Recreation), and 11.87 (Conditional Use Permit Standards in
Business Zones, regarding Restaurants and on premise Liquor Sales.
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.
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