public domain use amendments

7/26/2019 Public domain use Amendments

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TO: Shakopee Planning Commission

FROM: Alex Sharpe, PlannerDATE: 06/09/2016

SUBJECT: PUBLIC HEARING - Caselog #16-026, Text Amendment to City Code

Sections 151.013 and 90.08 for CUP Standards in Business Zones and

Encroachments into Public Sidewalk.

Action Requested

Recommend the text changes in the draft ordinance to City Council.

Discussion

In September of 2015, City Council approved an ordinance text amendment to allow

exterior congregation areas/patios which were utilized past 10:00 p.m. with a Conditional

Use Permit (CUP). Standard conditions were included such as requiring that patios be

compact and contiguous. With a fall and spring seasons worth of implementation, staff is

proposing two changes to these standard conditions.

Currently a condition is "all patio and congregation areas shall not allow direct outside

entry". The intent was to control access to alcoholic beverages. A better and more efficien

mechanism for this control is through the liquor license. The current provision has caused

more difficulty than it has helped. This provision has been more restrictive of spaces than

the liquor license, and been burdensome on staff and businesses. Staff from Police,

Planing, Engineering, Clerk, and City Administration have all met on this issue and

suggest striking the following "all patio and congregation areas shall not allow direct

outside entry". All enforcement of liquor distribution will be addressed through the liquor

license.

Where exterior congregation areas or patios met with pedestrian sidewalks, a condition

was to maintain a 5 foot clear pathway. This condition works well in newer developments

but was primarily created for the City's downtown. Many of the sidewalks downtown are

too narrow to allow for a 5 foot path and any tables/seating or items for sale. A

comprehensive list of sidewalk widths was created for areas in the downtown and staff

concluded that a 5' walkway was too restrictive. The American's With Disabilities Act


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requires a 4' clearance on sidewalks for wheelchairs and other assisted mobility devices.

Reducing the 5' clearance to a 4' clearance allows many more businesses in downtown to

utilize their adjacency to the public space. This creates a more vibrant downtown, and

allows the public and private spaces to interact.

With the increased use of the public sidewalk for business purposes, staff is developing a

policy and permit for businesses in the downtown that want to use the sidewalk. This

policy is in draft format, but will be going to City Council this summer. To facilitate thispermit, staff is proposing altering a section of the Engineering code where the City

Engineer is the only authority to issue use of the right-of-way. City Administration has

asked that they be able to designate who can issue a sidewalk permit. This is a clerical

issue, but one that needs to be corrected prior to a policy being enacted.

A draft ordinance has been attached to this report for the Commission's reference.

Action Requested

Recommend approval of the changes to the City Code as proposed.

Attachments

Draft Ordinance


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ORDINANCE NO.

AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING

VARIOUS SECTIONS IN CHAPTERS 151 AND 90 OF THE CITY CODE

RELATING TO RESTAURANTS AND TAVERNS AND OBSTRUCTIONS IN THE

CITY RIGHT-OF-WAY

______________________________________________________________________________

WHEREAS, The City of Shakopee has proposed amendments to Sections 151.013

(Conditional Use Permit Standards in Business Zones) and 90.08 (Obstructions in the ROW),regarding Restaurants and use of the public ROW; and

WHEREAS, notices were duly sent and posted, and a public hearing was held before the

Planning Commission on June 9, 2016 at which time all persons present were given anopportunity to be heard; and

WHEREAS, the Planning Commission recommended that the City Code sectionspreviously listed, be amended to remove standard Conditional Use Permit conditions and the

authority to issue permits for use of the Right-of-way; and

WHEREAS, the Planning Commission recommended that the City Code sectionspreviously listed, be amended to remove language pertaining to access of a patio or exterior

congregation areas and the minimum width of a walkway in the public ROW; and

WHEREAS, the City Council heard the matter at its meeting on INSERT; and

THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:

Section 1. Section 151.013, (Conditional Use Permit Standards in Business Zones of the

Shakopee City Code) Subd. 34 D. and, Section 151.013, Subd. 34 E (Class I and Class II

Restaurants) are amended to read as follows:

A.

All patios and congregation areas are subject to the Citys noise

regulations;

B. Any lights on the patios and congregation areas are subject to the

Citys regulations pertaining to illumination standards at the property

line;


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C. 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;

D. The entry to the outdoor patio or congregation areas is to be compact

and contiguous with the structure. All patio and congregation areasaccess shall not allow direct outside entry; and

E. Exterior congregation areas that utilize pedestrian areas, such as a

public or private sidewalk or walkway, shall maintain a clear 5 4 footpath for pedestrian walkway. Alleys shall not be considered pedestrian

thoroughfares.

Section 2. Section 151.013 Subd, 40. D. and Section 151.013 Subd, 40. E. (Taverns) ConditionalUse Permit Standards in Business Zones of the Shakopee City Code are amended to read as

follows:

A.

All patios and congregation areas are subject to the Citys noise

regulations;

B. Any lights on the patios and congregation areas are subject to theCitys regulations pertaining to illumination standards at the property

line;

C. 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;

D.

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

E. Exterior congregation areas that utilize pedestrian areas, such as a

public or private sidewalk or walkway, shall maintain a clear 5 4 footpath for pedestrian walkway. Alleys shall not be considered pedestrian

thoroughfares.

Section 3. Section 90.08 Subd. A. Obstructions, Fire, Dumping, Signs, and other Structures in theRight- of- Way, of the Shakopee City Code are amended to read as follows:

(A) Obstructions. It is unlawful for any person to place, deposit, display, oroffer for sale, any fence, goods, or other obstructions upon, over, across,

or under any street or other public property without first having obtained a

written permit from the City Engineer Administrator or their designee, andthen only in compliance in all respects with the terms and conditions of


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such permit, and taking precautionary measures for the protection of the

public. An electrical cord or device of any kind is hereby included, but not

by way of limitation within the definition of an obstruction.

Section 4. The City Council adopts the following findings of fact relating to the request to modify

the language in the Citys zoning ordinance regarding permitting goods produced off-site to besold by the home occupation permit holder.

Criteria #1 That the original zoning ordinance is in error;

Finding #1 The original ordinance was recently adopted, the changes proposed allow forgreater flexibility. These changes are a result of practical use of the new code

language as it is utilized.

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 neighborhooddevelopment 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 5. Effective Date. This ordinance shall be in effect from and after the date of its passageand publication.

Adopted in ___________ session of the City Council of the City of Shakopee, Minnesota held this______ day of ____________, 2016.

_____________________________

William Mars, Mayor

ATTEST:

__________________________

Lori HensenCity Clerk

Published in the Shakopee Valley News on the _____ day of _____________, 2016.

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