HomeMy WebLinkAbout5.A.1. Zoning text amendment to City Code 151.002, Definition of Taverns - Ord. No. 922 11.1111,..011111 Consent Business 5. A. 1.
SI-[AKOI'E.F
TO: Mayor and City Council
FROM: Alex Sharpe, Planner
DATE: 11/17/2015
SUBJECT: Zoning Text Amendment to City Code 151.002, Definition of Taverns -
Ord. No. 922 (F)
Action Sought
The City Council is asked to adopt Ordinance No. 922, an ordinance amending City
Code Section 151.002, Definitions.
Background
In September staff brought forward, and the Council adopted, a text amendment for
several zones relating to liquor sales and exterior congregation areas. While
working through this text, staff found that the code definition for "Taverns" was
inadequate. As defined currently, taverns are difficult to distinguish from Class II
Restaurants. At the time of the text amendment staff noted that a proposed
definition change would be forthcoming.
The current definition of a Tavern is "an establishment where a majority of
customers order, are served, and consume alcoholic beverages."
The proposed new definition is "an establishment where the primary business is the
on-premises sale and consumption of alcoholic beverages and where the incidental
sale of food for consumption on the premises may also occur."
This definition will help differentiate between Class II Restaurants, which allow the
sale of alcoholic beverages but whose primary business is dining.
Recommendation
At its November 5 meeting, the Planning Commission unanimously recommended
approval of the proposed text amendment.
Requested Action
The Council is asked to adopt Ordinance No. 922, an ordinance amending City
Code Section 151.002, Definitions.
Attachments: Ordinance No. 922
ORDINANCE NO. 922
AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING
CITY CODE SECTION 151.002,DEFINITIONS OF THE CITY CODE
WHEREAS, The City of Shakopee has proposed an amendments to Section 151.002
(Definitions), regarding the definition for Taverns.
WHEREAS, notices were duly sent and posted, and a public hearing was held before the
Planning Commission on November 5, 2015 at which time all persons present were given an
opportunity to be heard; and
WHEREAS, the Planning Commission recommended that the City code section 151.002
be amended to include a new definition for Taverns; and
WHEREAS, the City Council heard the matter at its meeting on November 17, 2015.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, ORDAINS:
Section 1. Section 151.002 be amended to read as follows:
Tavern An establishment where a majority of customer order, are served, and consume
alcoholic beverages,
Tavern - an establishment where the primary business is the on-premises sale and
consumption of alcoholic beverages and where the incidental sale of food for consumption
on the premises may also occur
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;
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Finding #1 The original ordinance did not differentiate between taverns and Class II
Restaurants. This causes issues where a Class II Restaurant could be defined as a
Tavern, which have different standards.
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.
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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