4.A.3.

Consent Business
TO:

Mayor and City Council

FROM:

Alex Sharpe, Planner

DATE:

06/21/2016

SUBJECT: *Text Amendments to City Code sections 151.013 and 90.08 For CUP
Standards in Business Zones and Encroachments into the Public Sidewalk (F)

Action Sought
City Council is asked to adopt Ordinance No. 934, approving text amendments to City
Code Sections 151.013 and 90.08 for CUP Standards in Business Zones, and
Encroachments into the public sidewalk.
Background
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
proposed slight changes to the CUP standards and in anticipation of issuing sidewalk
permits staff proposes altering the Engineering section of code to allow for additional staff
to review/approve upcoming permits.
On June 9, 2016 the Planing Commission reviewed and unanimously recommended
approval of the changes proposed by staff. These changes will be detailed below.
Discussion
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 efficient
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
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 this
permit, 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.
Staff Recommendation
Staff recommends approval of Ordinance No. 934, approving text amendments to City
Code Sections 151.013 and 90.08 for CUP Standards in Business Zones, and
Encroachments into the public sidewalk.
Action Requested
City Council is asked to approve Ordinance No. 934, approving text amendments to City
Code Sections 151.013 and 90.08 for CUP Standards in Business Zones, and
Encroachments into the public sidewalk.

Attachments
Ordinance No. 934

ORDINANCE NO. 934

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 an
opportunity to be heard; and
WHEREAS, the Planning Commission recommended that the City Code sections
previously 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 sections
previously 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 June 21, 2016; 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;

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 foot
path 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) Conditional
Use 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 the
Citys 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 foot
path 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 the
Right- 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, or
offer 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, and
then only in compliance in all respects with the terms and conditions of
2

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 be
sold by the home occupation permit holder.
Criteria #1
Finding #1

That the original zoning ordinance is in error;

The original ordinance was recently adopted, the changes proposed allow for
greater flexibility. These changes are a result of practical use of the new code
language as it is utilized.

Criteria #2
Finding #2

That significant changes in community goals and policies have taken place;
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
Finding #3

That significant changes in City-wide or neighborhood development patterns

have occurred;
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
Finding #4

That the Comprehensive Plan requires a different provision;

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 passage
and publication.
Adopted in ___________ session of the City Council of the City of Shakopee, Minnesota held this
______ day of ____________, 2016.
_____________________________
William Mars, Mayor
ATTEST:
__________________________
Lori Hensen, City Clerk
Published in the Shakopee Valley News on the _____ day of _____________, 2016.