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Home My WebLink About2.c. Restaurant Outdoor Patio Regulations E X E C U T I V E S U M M A R Y City Council Work Session Meeting: January 5, 2021 AGENDA ITEM: Restaurant Outdoor Patio Regulations Discussion AGENDA SECTION: Discussion PREPARED BY: Kim Lindquist Community Development Director AGENDA NO. 2.c. ATTACHMENTS: Patio Design, Outdoor Patio Spacing Maps, Other City Patio Ordinance APPROVED BY: LJM RECOMMENDED ACTION: Discussion Item Only BACKGROUND Staff has been contacted by a restaurateur about installation of an outdoor patio to be located on the south side of a building, adjacent to 151st Street and the Claret Springs townhomes beyond. There are two issues raised by this inquiry based upon the current ordinances. The ordinance criteria to be reviewed is the outdoor patio language in the zoning ordinance: CUP standards in the C-4 General Commercial Outdoor seating or dining areas for eleven (11) or more seats. 1. The site and enclosure(s) shall be designed to limit the effects of outdoor seating or dining areas on contiguous properties and/or public rights of way. 2. The seating area shall be located on private property along the front, side or rear of the principal building but shall not be located within a required setback or on the side abutting any residential use or district. 3. The seating area shall not interfere with circulation in any required parking, loading, maneuvering or pedestrian area. A minimum four foot (4') passageway shall be maintained along the private sidewalk for pedestrians. 4. The seating area shall be located in a controlled or cordoned area acceptable to the city with at lea st one opening to an acceptable pedestrian walk. 5. When a liquor license is granted, an uninterrupted enclosure is required and the enclosure shall only have access through the principal building. 6. The seating area shall not be permitted within two hundred feet (200') of any residential use or district as measured at the property line and shall be separated from residential use or district by the principal structure or other method of screening acceptable to the city. The minimum distance from a resi dential use or district may be reduced should the city determine the applicant has added sufficient elements to reduce the impact of this use. 7. No public address system shall be audible from a noncommercial or nonindustrial use or district. And the language found within the liquor license requirements addressing outdoor patios: 3-1-14: OUTDOOR PATIOS AND DECKS: A. Conditions Under Which Permitted: Service and consumption of alcohol on outdoor patios and decks in conjunction with an intoxicating liquor "on-sale" license, an "on-sale" wine license, a special club license, a special license for Sunday sales or a 3.2 percent malt liquor license may be permitted by the city council under the following conditions: 1. The patio or deck area must be compact and contiguous to the licensed premises and shall be enclosed with a wrought iron railing that meets standards set forth in this code and final inspection by the chief building official. 2 2. Appropriate receptacles for rubbish, garbage, cigarette paraphernalia, etc., must be provided. 3. Lighting must be sufficient to promote public safety, directed downward, and compatible with the surrounding area. 4. A buffer zone should be provided between the patio or deck area and adjacent parking lot. The area surrounding a patio or deck area must be fenced so as to not allow entrance from outside the fenced area onto the patio or deck area. 5. Smoking may be allowed on the patio or deck area, provided it is in compliance with the M innesota "freedom to breathe act of 2007". 6. Music, televisions, bands, amplified sound or any activity that would disturb the peace of the surrounding area is prohibited on the outdoor patio or deck area. Background music that does not disturb the peace of the surrounding area is permitted during hours when service of alcoholic beverages is permitted. 7. The patio or deck area shall be controlled and monitored continuously during the hours of operation and unruly patrons shall be removed immediately. 8. The hours and days of sale of alcoholic beverages shall be in accordance with this code. 9. Patrons shall not leave the premises with a drink nor can drinks be taken onto a public sidewalk. 10. The amendment to the licensee's licenses for the outdoor patio or deck area shall be approved on a provisional basis. The council may revoke, suspend or decline to renew the license for the patio or deck area portion of the licensed premises on the grounds of failure to comply with the conditions outlined in the resolution or undue annoyance or burden on nearby residents. 11. The outdoor patio or deck area must be included in the required liquor liability insurance for the premises. 12. The city council may impose any additional conditions i t deems necessary in the interest of the public health, safety and welfare at the time of initial approval or any renewal of the license for a patio or deck. The conditions set forth allowing the patio or deck shall be reviewed during the yearly renewal pe riod. (Ord. 2015-06, 7-7-2015) DISCUSSION It is recognized that the City has a vested interest to promote local businesses, especially during the current economic times. However, as written, existing ordinances would preclude placement of an outdoor patio along 151st Street. The first issue is found within the zoning ordinance. Outdoor patios are a Conditional Use in the General Commercial districts. The site is a PUD, and therefore the standards for conditional and permitted uses would be the same as the ordinance criteria. Distance Requirements from Residential Condition six specifically requires patios to be set back 200’ from a residential district and screened from adjacent uses by the principal structure or other means. As proposed the patio would be within 200’ of the adjoining residential district and would be 125 feet from the closest residential structure. In 2010, when discussing ordinance criteria, staff provided information about the distance from patio to closest residence. The separation was listed as follows: o Carbone’s-75 feet o Shenanigan’s Pub-80 feet o Rudy’s-140 feet o Legion-150 feet o VFW-1050 feet It is unclear when some of these patios were initially installed and what criteria was used for approval . It is assumed Carbone’s patio came with the building, along with the residential building next door. Shenanigan’s is 80’ from Waterford Commons, although the Downtown ordinance does not have separation requirements. Rudy’s is a newer patio but while closer to a residence than the 200’ requirement, the principal structure shields the patio activity from the residential use. The patio at the Legion began as 3 the smoking area for club members, and the VFW meets the separation requirement if it was zoned for General Commercial. Much of the more recent patio/noise/location discussions occurred in 2009-10 when smoking was prohibited in buildings, prompted requests for outdoor spaces. Since 2010 the zoning ordinance has been changed to remove a separation requirement from the Downtown zoning district, as part of the creation of the Downtown ordinance. Staff also reviewed ordinances for several neighboring communities or those that also have restaurants with patios. The findings were mixed, with many not having explicit regulations for outdoor patios. Those that did required setbacks from residential uses, generally mo re consistent with Rosemount’s existing ordinance. As noted in the zoning ordinance, the Council can vary from the criteria if the City determines the applicant has added “sufficient elements to reduce the impact of this use”. The applicant has provided a drawing which depicts a structural barrier of at least 6’ along the sides of the patio, which would presumably reduce sound to adjoining properties. Along with concerns about customer sound is the question about background music. In 2010 there was significant discussion by the Council about music on patios and concerns about impacts to adjacent residential neighbors. Initially patios were restricted from having music, but later changes were made to permit music during the same hours as when the establishment was serving alcoholic beverages. The change occurred after the City had restrictions for one year on the timing of music on patios and there were no noise complaints. Prior to the ordinance change, music on patios was permitted until 9pm Sunday thru Thursday, and 10pm Friday and Saturday. Given the location of the proposed patio, a restriction on timing for music may be appropriate. The operating hours of the applicant’s business fall w ithin the hours listed in the ordinance, and the applicant has indicated during conversations with staff that those will remain the same after the patio is constructed. Continuous Monitoring The other issue raised by the city code is found within the liquor licensing section. The ordinance requires that the patio “…be controlled and monitored continuously during hours of operation…”. In 2010 when a liquor license/outdoor patio discussion was held at the Council, it was noted that continuous monitoring did not equate to constant monitoring. Therefore, the condition indicates that there should be consistent and regular monitoring of patios but does not require a constant review of the patio. In the past, this condition has meant that there should be the ability to monitor the pati o while inside the establishment, since there will not be an employee always on the patio. Th e criteria has been interpreted to mean that an employee inside the establishment would be able to view the activities occurring on the patio. In 2009, when the Council approved an outdoor patio for Shenanigan’s, it was required that the opaque eastside windows be replaced so there could be views to the patio from inside the building. The current establishment does not have the ability to have visual review of the patio from inside the building. This is due to the current layout of the restaurant , including restroom facilities. The requirement is a city standard and is not required by the State when issuing liquor licenses. The standard was prompted by the desire to ensure that patrons are not unruly and that the public does not access the patio without going through the restaurant. The goal of this discussion is to lay out issues under the existing ordinances for outdoor patios with liquor at the Celtic Crossing project. The approval would require processing of a conditional use permit and notification to adjoining residents. While some of the issues, like noise and lighting , may be able to be mitigated through deck design or additional landscaping, ordinance amen dments would most likely be 4 needed to approve the desired patio. Staff would anticipate bringing all the necessary approvals to the Planning Commission and Council at the same meetings so the residents would be able to understand and participate in the entire process. RECOMMENDATION This item has been brought to the City Council for discussion purposes. Final direction is requested after the discussion. 2383 Pilot Knob Rd Mendota Heights, MN 55120 Phone: 651-203-3000 Fax: 651-455-1734 SouthviewDesign.com Date Date Issue Notes Revision Notes Las Tortillas 3D Scenes 15051 Crestone Ave Rosemount, MN 55068 Scale: This drawing contains proprietary information which belongs to Southview Design Inc. Any unauthorized duplication or use is strictly prohibited. Released By:______________ Date Released:__/__/____ Ryan Slipka Nick Heiling NO. NO. Sheet 1 of 4 Designer: Design Associate: Project Name: Job #: Print Date:File Name:9/18/2020 2020_09_17_Las Tortillas_3D.vwx 2383 Pilot Knob Rd Mendota Heights, MN 55120 Phone: 651-203-3000 Fax: 651-455-1734 SouthviewDesign.com Date Date Issue Notes Revision Notes Las Tortillas 3D Scenes 15051 Crestone Ave Rosemount, MN 55068 Scale: This drawing contains proprietary information which belongs to Southview Design Inc. Any unauthorized duplication or use is strictly prohibited. Released By:______________ Date Released:__/__/____ Ryan Slipka Nick Heiling NO. NO. Sheet 2 of 4 Designer: Design Associate: Project Name: Job #: Print Date:File Name:9/18/2020 2020_09_17_Las Tortillas_3D.vwx 2383 Pilot Knob Rd Mendota Heights, MN 55120 Phone: 651-203-3000 Fax: 651-455-1734 SouthviewDesign.com Date Date Issue Notes Revision Notes Las Tortillas 3D Scenes 15051 Crestone Ave Rosemount, MN 55068 Scale: This drawing contains proprietary information which belongs to Southview Design Inc. Any unauthorized duplication or use is strictly prohibited. Released By:______________ Date Released:__/__/____ Ryan Slipka Nick Heiling NO. NO. Sheet 3 of 4 Designer: Design Associate: Project Name: Job #: Print Date:File Name:9/18/2020 2020_09_17_Las Tortillas_3D.vwx 2383 Pilot Knob Rd Mendota Heights, MN 55120 Phone: 651-203-3000 Fax: 651-455-1734 SouthviewDesign.com Date Date Issue Notes Revision Notes Las Tortillas 3D Scenes 15051 Crestone Ave Rosemount, MN 55068 Scale: This drawing contains proprietary information which belongs to Southview Design Inc. Any unauthorized duplication or use is strictly prohibited. Released By:______________ Date Released:__/__/____ Ryan Slipka Nick Heiling NO. NO. Sheet 4 of 4 Designer: Design Associate: Project Name: Job #: Print Date:File Name:9/18/2020 2020_09_17_Las Tortillas_3D.vwx 1 Existing Tree 3 Existing EvergreenTree G X5'0" THRESH X5'1" X5'1"X5'2"X5'1"X5'3" X5'3"X5'1"X5'3" X6'8"X5'5"X5'4"X5'2" X8'0"X7'8"X5'10"X5'8" X5'2" X9'5"X5'11"X6'1" X4'11" X9'9" X9'6"X9'0" X8'4" X5'4" X9'6"X9'5"X9'4"X9'2"X9'3"X9'1"X8'11" X9'0" X9'5"9'4'X X8'10"X8'3"X7'8"X7'0"X6'5"X5'10"X9'3" X10'4" 9'11"X X5'0" THRESH X5'0" THRESH X5'0" THRESH X10'6" X10'6" X10'4" X10'2" X9'11" X9'10" X9'9" X9'9" X10'0" X8'10" X9'4" X6'1" X9'3" X5'0" X9'5" X9'5" X5'3"X5'6" X5'2"X5'5"X5'3"X5'4"X5'2" X5'2" X5'3" X8'9" X8'0"X6'6"X6'4" X7'2" X7'2" X5'11" X5'10" X6'1" X6'0" X7'5"X6'4" X5'3" Gen. Roof Height= 19'0" Sod Ex. Concrete Mulch Main Door Ex. Turf Ex. Concrete Rock Under Deck Proposed PergolaProposed Fence Around Deck Proposed Fence Around Deck H2O Spigot 2 Gas Meter 1 Proposed Deck Existing Rock 2383 Pilot Knob Rd Mendota Heights, MN 55120 Phone: 651-203-3000 Fax: 651-455-1734 SouthviewDesign.com Date Date Issue Notes Revision Notes Scale: 1:96 Designer: Design Associate: Project Name: Job #: This drawing contains proprietary information which belongs to Southview Design Inc. Any unauthorized duplication or use is strictly prohibited. Released By:______________ Date Released:__/__/____ NO. NO. Sheet 1 of 1 Designer Design Associate NameClient NameLandscape Design AddressCity, St ZipPrint Date: File Name:2020_09_17_Las Tortillas.vwx CRESTONE CIRCRESTVIEW CIR CRESTONE AVE151ST ST W County of Dakota, Esri Canada, Esri, HERE, Garmin, INCREMENT P, USGS, EPA, USDA Las Tortillas Proposed Patio Proposed Patio 100' Setback 200' Setback Right Of Way 0 50 10025 Feet 120' T:\Project\CommDev\Restaurants\PatioSetbacks\RestaurantPatios.aprx I:\GIS\Map_Library\CommDev\Restaurants S HANNONPKWYUPPER135THSTW CROSSLOU GHTRL CARDINALST W 160THSTWDIAMOND PATHS ROBERT TRLMCANDREWSRDW 142ND ST WCROSSCROFTAVE CAFFREYCTCOVINGTONAVEBRICKPATH140TH ST W 139TH ST W DARLINGPATH156TH ST W BLANCAAVEWCHERRYPAT H CA RLINGFORDLNUPPER138THSTW 138TH ST W CLARET AVECANADA AVECHILI CT LOWER 147TH ST W DODD C T CLO VERLNDODDBLVDDAKOTA DR BURMA AVE143RDSTW 133RDSTWBOLIVIAAVEW 155TH ST W 145TH ST WDEKALBAVE 135THSTW 150TH ST WCHIPPENDALE AVEDAISYCTDEARBORNPATH DA HLIACT CIMARRONAVECRYSTALPATH157TH CT W 158TH CT W 133RDCT W 140THCT CROCUSAVEDANDERCT DELMARCT158TH CIR W CANAD ACTDA KOTALNDAL TONLN 144TH ST W CARBURYAVEUPPER143RDSTW CAR RACHAVED A N E AVE BOULD ERAVEDALLARAAVEW DANVILLE A VECOBBLERAVE154TH ST W CAMEO AVEDELTAAVEBONAIREPAT H WCAMEROLN BISCAYNE AVEBUSINESSPKWYCRANDALLAVECOBALTAVEE VERMOO R PKWY 136TH ST W DAVENPORTPA T H DANNERPATH COUCHTOWNCT125THCT W138THCT W CASCADEP ATH158THSTW 153RDSTWDAVENPORTAVE151STSTW CRANBERR YWAYCONNEMARATRL CROC USWAY CARROU SELWAY130THSTWCHINCHILLAAVE120TH ST W 146TH ST W 147TH ST W CORNE LLTRL 1 4 8THSTW BRA S SPKWYCOBBLESTO N ELNCHILI A V E C A NADACIR BROCKWAYAVE152ND ST W CROL LYPATHBRONZEPKWY DANUBE LNCOLORADO AVEDARJEELIN GPATHCOUCHTOW NPATH 149THSTW 137THSTWDELLWOODWAY DARTMOUTHPATH BOULDERTRL DANBURYP ATHBLANCAAVEDAFFODILPATH D R U MCLIFFE WAYDEEPWOODSCTDANBURYAVECLAREDOWNSW AYCHARLSTONWAY CICER O NE P ATHD E C EMBER TRL 131ST ST W DANBURY WAY BRAZIL AVECOFFEETRLEVER LEIGHCI RPatio Setbacks 100' Setback 200' Setback Patio 120THSTW 151STST W CAMERO LN SROBERTTRLDODD B L V D 145THSTW BURMA AVE146THSTW BURNLEY AVELegion VFW Fireside Tops Rudy's Patios Lakeville 150’ setback from residential uses Eagan 20’ setback from public right of way Notwithstanding that an outdoor dining area may be a permitted accessory use, an outdoor dining area that does not meet the special use setback from a residential property or that provides seating for more than 24 persons shall be subject to a conditional use permit or planned development approval as applicable. Special use setback means the following: 1.If the use is entirely contained within a building, the distance of 200 linear feet from any point of the exterior wall of the building, or the exterior wall of the delineated space within the building in which the use is located exclusively, to the nearest point on the property line of the lot on which the protected use is located. 2.If the use has any outdoor operations, the distance of 200 linear feet from any point along the outer edge of any paved parking or drive lane area, excluding driveway access point, on which the use is operated to the nearest point on the property line of the lot on which the protected use is located. Apple Valley No real setback, but the Planning Commission or City Council may require the notification of property owners if the outdoor dining area is located closer than 600 feet from residential properties. Cottage Grove The seating area shall not be permitted within one hundred fifty feet (150') of any residential use or district as measured at the property line and shall be separated from residential use or district by the principal structure or other method of screening acceptable to the city. The minimum distance from a residential use or district may be reduced should the city determine the applicant has added sufficient elements to reduce the impact of this use. Cities without explicit setback requirements for outdoor seating West St. Paul Maple Grove Woodbury Maplewood Burnsville